h. r. 1319 - congress

117TH CONGRESS 1ST SESSION H. R. 1319

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

Res. 5.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

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SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘American Rescue Plan 2

Act of 2021’’. 3

SEC. 2. TABLE OF CONTENTS. 4

The table of contents for this Act is as follows: 5

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—COMMITTEE ON AGRICULTURE

Subtitle A—Agriculture

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

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

Sec. 1003. Pandemic program administration funds.

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

COVID–19-related programs.

Sec. 1005. Farm loan assistance for socially disadvantaged farmers and ranch-

ers.

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

ranchers, forest land owners and operators, and groups.

Sec. 1007. Use of the Commodity Credit Corporation for Commodities and As-

sociated Expenses.

Subtitle B—Nutrition

Sec. 1101. Supplemental nutrition assistance program.

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

improvements.

Sec. 1103. Additional funding for nutrition assistance programs.

Sec. 1104. Commodity supplemental food program.

TITLE II—COMMITTEE ON EDUCATION AND LABOR

Subtitle A—Education Matters

PART 1—DEPARTMENT OF EDUCATION

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

Sec. 2002. Higher education emergency relief fund.

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

Sec. 2004. Outlying areas.

Sec. 2005. Bureau of Indian Education.

Sec. 2006. Gallaudet University.

Sec. 2007. Student aid administration.

Sec. 2008. Howard University.

Sec. 2009. National Technical Institute for the Deaf.

Sec. 2010. Institute of Education Sciences.

Sec. 2011. Program administration.

Sec. 2012. Office of inspector general.

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

higher education.

PART 2—MISCELLANEOUS

Sec. 2021. National endowment for the arts.

Sec. 2022. National endowment for the humanities.

Sec. 2023. Institute of museum and library services.

Sec. 2024. COVID-19 response resources for the preservation and mainte-

nance of Native American languages.

Subtitle B—Labor Matters

Sec. 2101. Raising the Federal minimum wage.

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

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

Compensation Act.

Subtitle C—Human Services and Community Supports

Sec. 2201. Supporting older Americans and their families.

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

Sec. 2203. Child Care Stabilization.

Sec. 2204. Head Start.

Sec. 2205. Programs for survivors.

Sec. 2206. Child abuse prevention and treatment.

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

Service Trust.

Subtitle D—Child Nutrition & Related Programs

Sec. 2301. Improvements to WIC benefits.

Sec. 2302. WIC program modernization.

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

attained the age of 25.

Sec. 2304. Pandemic EBT program.

Subtitle E—COBRA Continuation Coverage

Sec. 2401. Preserving health benefits for workers.

TITLE III—COMMITTEE ON ENERGY AND COMMERCE

Subtitle A—Public Health

CHAPTER 1—VACCINES AND THERAPEUTICS

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

control and prevention.

Sec. 3002. Funding for vaccine confidence activities.

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

medical supplies.

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

the Food and Drug Administration.

CHAPTER 2—TESTING

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

tivities.

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

Sec. 3013. Funding for global health.

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

CHAPTER 3—PUBLIC HEALTH WORKFORCE

Sec. 3021. Funding for public health workforce.

Sec. 3022. Funding for Medical Reserve Corps.

CHAPTER 4—PUBLIC HEALTH INVESTMENTS

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

Sec. 3032. Funding for National Health Service Corps.

Sec. 3033. Funding for Nurse Corps.

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

education.

Sec. 3035. Funding for family planning.

Sec. 3036. Funding for Office of Inspector General.

CHAPTER 5—INDIAN HEALTH

Sec. 3041. Funding for Indian health.

CHAPTER 6—MENTAL HEALTH AND SUBSTANCE USE DISORDER

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

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

abuse.

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

professionals, paraprofessionals, and public safety officers.

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

work conditions and use of mental and behavioral health serv-

ices by health care professionals.

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

behavioral health among their health professional workforce.

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

order services.

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

needs.

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

Sec. 3059. Funding for Project AWARE.

Sec. 3059A. Funding for youth suicide prevention.

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

CHAPTER 7—EXCHANGE GRANT PROGRAM

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

Subtitle B—Medicaid

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

treatment under Medicaid.

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

postpartum women.

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

Intervention Services.

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

Medicaid plans which begin to expend amounts for certain

mandatory individuals.

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

Urban Indian Health Organizations and Native Hawaiian

Health Care Systems.

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

and innovator multiple source drugs.

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

during the COVID–19 emergency.

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

nursing facilities.

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

Related to Coronavirus.

Subtitle C—Children’s Health Insurance Program

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

treatment under CHIP.

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

postpartum women.

Subtitle D—Other Provisions

CHAPTER 1—ENSURING ENVIRONMENTAL HEALTH AND RATEPAYER

PROTECTION DURING THE PANDEMIC

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

demic.

Sec. 3302. Funding for LIHEAP.

Sec. 3303. Funding for water assistance program.

CHAPTER 2—DISTANCE LEARNING AND CONSUMER PROTECTION DURING

THE COVID–19 PANDEMIC

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

from potentially dangerous products related to COVID–19.

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

and devices.

CHAPTER 3—OVERSIGHT OF DEPARTMENT OF COMMERCE PREVENTION AND

RESPONSE TO COVID–19

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

TITLE IV—COMMITTEE ON FINANCIAL SERVICES

Subtitle A—Defense Production Act of 1950

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

Subtitle B—Housing Provisions

Sec. 4101. Emergency rental assistance.

Sec. 4102. Emergency housing vouchers.

Sec. 4103. Emergency assistance for rural housing.

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

Americans.

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Sec. 4105. Housing counseling.

Sec. 4106. Homelessness assistance and supportive services program.

Sec. 4107. Homeowner Assistance Fund.

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

Sec. 4109. Fair housing activities.

Subtitle C—Small Business (SSBCI)

Sec. 4201. State Small Business Credit Initiative.

Subtitle D—Airlines

Sec. 4301. Air Transportation Payroll Support Program Extension.

TITLE V—COMMITTEE ON OVERSIGHT AND REFORM

Subtitle A—Coronavirus State and Local Fiscal Recovery Funds

Sec. 5001. Coronavirus State and Local Fiscal Recovery Funds.

Subtitle B—Other Matters

Sec. 5111. Emergency Federal Employee Leave Fund.

Sec. 5112. Funding for the Government Accountability Office.

Sec. 5113. Pandemic Response Accountability Committee funding availability.

Sec. 5114. Funding for the White House.

TITLE VI—COMMITTEE ON SMALL BUSINESS

Sec. 6001. Modifications to paycheck protection program.

Sec. 6002. Targeted EIDL advance.

Sec. 6003. Support for restaurants.

Sec. 6004. Community navigator pilot program.

Sec. 6005. Shuttered venue operators.

Sec. 6006. Direct appropriations.

TITLE VII—COMMITTEE ON TRANSPORTATION AND

INFRASTRUCTURE

Subtitle A—Transportation and Infrastructure

Sec. 7001. Federal Emergency Management Agency appropriation.

Sec. 7002. Funeral assistance.

Sec. 7003. Economic adjustment assistance.

Sec. 7004. Great Lakes St. Lawrence Seaway Development Corporation oper-

ations and maintenance.

Sec. 7005. Grants to the National Railroad Passenger Corporation.

Sec. 7006. Federal Transit Administration grants.

Sec. 7007. Relief for airports.

Sec. 7008. Emergency FAA Employee Leave Fund.

Subtitle B—Aviation Manufacturing Jobs Protection

Sec. 7101. Definitions.

Sec. 7102. Payroll support program.

Subtitle C—Continued Assistance to Rail Workers

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Sec. 7201. Additional enhanced benefits under the Railroad Unemployment In-

surance Act.

Sec. 7202. Extended unemployment benefits under the Railroad Unemployment

Insurance Act.

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

the Railroad Unemployment Insurance Act.

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

funding.

TITLE VIII—COMMITTEE ON VETERANS’ AFFAIRS

Sec. 8001. Funding for claims and appeals processing.

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

Sec. 8003. Funding for supply chain modernization.

Sec. 8004. Funding for state homes.

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

general.

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

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

emergency relating to COVID–19.

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

TITLE IX—COMMITTEE ON WAYS AND MEANS

Subtitle A—Crisis Support for Unemployed Workers

PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS

Sec. 9011. Extension of pandemic unemployment assistance.

Sec. 9012. Extension of emergency unemployment relief for governmental enti-

ties and nonprofit organizations.

Sec. 9013. Extension of Federal Pandemic Unemployment Compensation.

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

regular unemployment for States with no waiting week.

Sec. 9015. Extension of emergency State staffing flexibility.

Sec. 9016. Extension of Pandemic Emergency Unemployment Compensation.

Sec. 9017. Extension of temporary financing of short-time compensation pay-

ments in States with programs in law.

Sec. 9018. Extension of temporary financing of short-time compensation agree-

ments for States without programs in law.

PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS

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

Sec. 9022. Extension of full Federal funding of extended unemployment com-

pensation.

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

EQUITABLE PAYMENT

Sec. 9031. Funding for administration.

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

to eligible workers.

Subtitle B—Emergency Assistance to Families Through Home Visiting

Programs

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

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Subtitle C—Emergency Assistance to Children and Families

Sec. 9201. Pandemic Emergency Assistance.

Subtitle D—Elder Justice and Support Guarantee

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

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

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

through contracts with quality improvement organizations.

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

nursing facilities.

Subtitle F—Preserving Health Benefits for Workers

Sec. 9501. Preserving health benefits for workers.

Subtitle G—Promoting Economic Security

PART 1—2021 RECOVERY REBATES TO INDIVIDUALS

Sec. 9601. 2021 recovery rebates to individuals.

PART 2—CHILD TAX CREDIT

Sec. 9611. Child tax credit improvements for 2021.

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

PART 3—EARNED INCOME TAX CREDIT

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

qualifying children.

Sec. 9622. Taxpayer eligible for childless earned income credit in case of quali-

fying children who fail to meet certain identification require-

ments.

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

Sec. 9624. Modification of disqualified investment income test.

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

States.

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

of earned income tax credit.

PART 4—DEPENDENT CARE ASSISTANCE

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

credit.

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

ance.

PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE

Sec. 9641. Payroll credits.

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

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

PART 6—EMPLOYEE RETENTION CREDIT

Sec. 9651. Extension of employee retention credit.

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PART 7—PREMIUM TAX CREDIT

Sec. 9661. Improving affordability by expanding premium assistance for con-

sumers.

Sec. 9662. Temporary modification of limitations on reconciliation of tax cred-

its for coverage under a qualified health plan with advance pay-

ments of such credit.

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

unemployment compensation during 2021.

PART 8—MISCELLANEOUS PROVISIONS

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

Sec. 9672. Tax treatment of targeted EIDL advances.

Sec. 9673. Tax treatment of restaurant revitalization grants.

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

transactions.

Subtitle H—Pensions

Sec. 9701. Temporary delay of designation of multiemployer plans as in endan-

gered, critical, or critical and declining status.

Sec. 9702. Temporary extension of the funding improvement and rehabilitation

periods for multiemployer pension plans in critical and endan-

gered status for 2020 or 2021.

Sec. 9703. Adjustments to funding standard account rules.

Sec. 9704. Special financial assistance program for financially troubled multi-

employer plans.

Sec. 9705. Extended amortization for single employer plans.

Sec. 9706. Extension of pension funding stabilization percentages for single em-

ployer plans.

Sec. 9707. Modification of special rules for minimum funding standards for

community newspaper plans.

Sec. 9708. Cost of living adjustment freeze.

Subtitle I—Child Care for Workers

Sec. 9801. Child care assistance.

TITLE X—INTERNATIONAL AFFAIRS

Sec. 10001. Department of State operations.

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

Sec. 10003. Global response.

Sec. 10004. Humanitarian response.

Sec. 10005. Multilateral assistance.

TITLE XI—COMMITTEE ON NATURAL RESOURCES

Sec. 1101. Indian Affairs.

Sec. 1102. United States Fish and Wildlife Service.

TITLE XII—COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

Sec. 12001. National Institute of Standards and Technology.

Sec. 12002. National Science Foundation.

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TITLE I—COMMITTEE ON 1

AGRICULTURE 2

Subtitle A—Agriculture 3

SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PAN-4

DEMIC RESPONSE. 5

(a) APPROPRIATION.—In addition to amounts other-6

wise available, there is appropriated to the Secretary of 7

Agriculture for fiscal year 2021, out of any money in the 8

Treasury not otherwise appropriated, $4,000,000,000, to 9

remain available until expended, to carry out this section. 10

(b) USE OF FUNDS.—The Secretary of Agriculture 11

shall use the amounts made available pursuant to sub-12

section (a)— 13

(1) to purchase food and agricultural commod-14

ities; 15

(2) to purchase and distribute agricultural com-16

modities (including fresh produce, dairy, eggs, and 17

meat) to individuals in need, including through deliv-18

ery to nonprofit organizations and through res-19

taurants and other food related entities, as deter-20

mined by the Secretary, that may receive, store, 21

process, and distribute food items; 22

(3) to make grants and loans for small or 23

midsized food processors or distributors, farmers 24

markets, producers, or other organizations to re-25

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spond to COVID–19, including for measures to pro-1

tect workers against COVID–19; and 2

(4) to make loans and grants and provide other 3

assistance to maintain and improve food and agricul-4

tural supply chain resiliency. 5

(c) ANIMAL HEALTH.— 6

(1) COVID–19 ANIMAL SURVEILLANCE.—The 7

Secretary of Agriculture shall conduct monitoring 8

and surveillance of susceptible animals for incidence 9

of SARS–CoV–2. 10

(2) GUIDANCE.—Activities conducted under 11

paragraph (1) shall be consistent with guidance pro-12

vided by the World Organisation for Animal Health. 13

(3) FUNDING.—Out of the amounts made avail-14

able under subsection (a), the Secretary shall use 15

$300,000,000 to carry out this subsection. 16

(d) OVERTIME FEES.— 17

(1) SMALL ESTABLISHMENT; VERY SMALL ES-18

TABLISHMENT DEFINITIONS.—The terms ‘‘small es-19

tablishment’’ and ‘‘very small establishment’’ have 20

the meaning given those terms in the final rule enti-21

tled ‘‘Pathogen Reduction; Hazard Analysis and 22

Critical Control Point (HACCP) Systems’’ published 23

in the Federal Register on July 25, 1996 (61 Fed. 24

Reg. 38806). 25

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(2) OVERTIME INSPECTION COST REDUC-1

TION.—Notwithstanding section 10703 of the Farm 2

Security and Rural Investment Act of 2002 (7 3

U.S.C. 2219a), the Act of June 5, 1948 (21 U.S.C. 4

695), section 25 of the Poultry Products Inspection 5

Act (21 U.S.C. 468), and section 24 of the Egg 6

Products Inspection Act (21 U.S.C. 1053), and any 7

regulations promulgated by the Department of Agri-8

culture implementing such provisions of law and 9

subject to the availability of funds under paragraph 10

(3), the Secretary of Agriculture shall reduce the 11

amount of overtime inspection costs borne by feder-12

ally-inspected small establishments and very small 13

establishments engaged in meat, poultry, or egg 14

products processing and subject to the requirements 15

of the Federal Meat Inspection Act (21 U.S.C. 601 16

et seq.), the Poultry Products Inspection Act (21 17

U.S.C. 451 et seq.), or the Egg Products Inspection 18

Act (21 U.S.C. 1031 et seq.), for inspection activi-19

ties carried out during the period of fiscal years 20

2021 through 2030. 21

(3) FUNDING.—Out of the amounts made avail-22

able under subsection (a), the Secretary shall use 23

$100,000,000 to carry out this subsection. 24

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SEC. 1002. EMERGENCY RURAL DEVELOPMENT GRANTS 1

FOR RURAL HEALTH CARE. 2

(a) GRANTS.—The Secretary of Agriculture (in this 3

section referred to as the ‘‘Secretary’’) shall use the funds 4

made available by this section to establish an emergency 5

pilot program for rural development not later than 150 6

days after the date of enactment of this Act to provide 7

grants to eligible applicants (as defined in section 8

3570.61(a) of title 7, Code of Federal Regulations) to be 9

awarded by the Secretary based on rural development 10

needs related to the COVID–19 pandemic. 11

(b) USES.—An eligible applicant to whom a grant is 12

awarded under this section may use the grant funds for 13

costs, including those incurred prior to the issuance of the 14

grant, as determined by the Secretary, of facilities which 15

primarily serve rural areas (as defined in section 16

343(a)(13)(C) of the Consolidated Farm and Rural Devel-17

opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 18

in a rural area, the median household income of the popu-19

lation to be served by which is less than the greater of 20

the poverty line or the applicable percentage (determined 21

under section 3570.63(b) of title 7, Code of Federal Regu-22

lations) of the State nonmetropolitan median household 23

income, and for which the performance of any construction 24

work completed with grant funds shall meet the condition 25

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set forth in section 9003(f) of the Farm Security and 1

Rural Investment Act of 2002 (7 U.S.C. 8103(f)), to— 2

(1) increase capacity for vaccine distribution; 3

(2) provide medical supplies to increase medical 4

surge capacity; 5

(3) reimburse for revenue lost during the 6

COVID–19 pandemic, including revenue losses in-7

curred prior to the awarding of the grant; 8

(4) increase telehealth capabilities, including 9

underlying health care information systems; 10

(5) construct temporary or permanent struc-11

tures to provide health care services, including vac-12

cine administration or testing; 13

(6) support staffing needs for vaccine adminis-14

tration or testing; and 15

(7) engage in any other efforts to support rural 16

development determined to be critical to address the 17

COVID–19 pandemic, including nutritional assist-18

ance to vulnerable individuals, as approved by the 19

Secretary. 20

(c) FUNDING.—In addition to amounts otherwise 21

available, there is appropriated to the Secretary for fiscal 22

year 2021, out of any money in the Treasury not otherwise 23

appropriated, $500,000,000, to remain available until 24

September 30, 2023, to carry out this section, of which 25

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not more than 3 percent may be used by the Secretary 1

for administrative purposes and not more than 2 percent 2

may be used by the Secretary for technical assistance as 3

defined in section 306(a)(26) of the Consolidated Farm 4

and Rural Development Act (7 U.S.C. 1926(a)(26)). 5

SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 6

In addition to amounts otherwise available, there are 7

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

the Treasury not otherwise appropriated, $47,500,000, to 9

remain available until expended, for necessary administra-10

tive expenses associated with carrying out this subtitle. 11

SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR 12

GENERAL FOR OVERSIGHT OF COVID–19-RE-13

LATED PROGRAMS. 14

In addition to amounts otherwise made available, 15

there is appropriated to the Office of the Inspector Gen-16

eral of the Department of Agriculture for fiscal year 2021, 17

out of any money in the Treasury not otherwise appro-18

priated, $2,500,000, to remain available until September 19

30, 2022, for audits, investigations, and other oversight 20

activities of projects and activities carried out with funds 21

made available to the Department of Agriculture related 22

to the COVID–19 pandemic. 23

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SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS-1

ADVANTAGED FARMERS AND RANCHERS. 2

(a) PAYMENTS.— 3

(1) APPROPRIATION.—In addition to amounts 4

otherwise available, there is appropriated to the Sec-5

retary for fiscal year 2021, out of amounts in the 6

Treasury not otherwise appropriated, such sums as 7

may be necessary, to remain available until ex-8

pended, for the cost of loan modifications and pay-9

ments under this section. 10

(2) PAYMENTS.—The Secretary shall provide a 11

payment in an amount equal to 120 percent of the 12

outstanding indebtedness of each socially disadvan-13

taged farmer or rancher as of January 1, 2021, to 14

pay off the loan directly or to the socially disadvan-15

taged farmer or rancher (or a combination of both), 16

on each— 17

(A) direct farm loan made by the Secretary 18

to the socially disadvantaged farmer or rancher; 19

and 20

(B) farm loan guaranteed by the Secretary 21

the borrower of which is the socially disadvan-22

taged farmer or rancher. 23

(b) DEFINITIONS.—In this section: 24

(1) FARM LOAN.—The term ‘‘farm loan’’ 25

means— 26

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(A) a loan administered by the Farm Serv-1

ice Agency under subtitle A, B, or C of the 2

Consolidated Farm and Rural Development Act 3

(7 U.S.C. 1922 et seq.); and 4

(B) a Commodity Credit Corporation Farm 5

Storage Facility Loan. 6

(2) SECRETARY.—The term ‘‘Secretary’’ means 7

the Secretary of Agriculture. 8

(3) SOCIALLY DISADVANTAGED FARMER OR 9

RANCHER.—The term ‘‘socially disadvantaged farm-10

er or rancher’’ has the meaning given the term in 11

section 2501(a) of the Food, Agriculture, Conserva-12

tion, and Trade Act of 1990 (7 U.S.C. 2279(a)). 13

SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR SOCIALLY 14

DISADVANTAGED FARMERS, RANCHERS, FOR-15

EST LAND OWNERS AND OPERATORS, AND 16

GROUPS. 17





remain available until expended, to carry out this section. 22

(b) ASSISTANCE.—The Secretary of Agriculture shall 23

use the amounts made available pursuant to subsection 24

(a)— 25

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(1) to provide outreach, mediation, financial 1

training, capacity building training, cooperative de-2

velopment training and support, and other technical 3

assistance on issues concerning food, agriculture, ag-4

ricultural credit, agricultural extension, rural devel-5

opment, or nutrition to socially disadvantaged farm-6

ers, ranchers, or forest landowners, or other mem-7

bers of socially disadvantaged groups; 8

(2) to provide grants and loans to improve land 9

access for socially disadvantaged farmers, ranchers, 10

or forest landowners, including issues related to 11

heirs’ property in a manner as determined by the 12

Secretary; 13

(3) to support the development of agricultural 14

credit institutions that are designed to serve socially 15

disadvantaged groups, including other financing in-16

stitutions funded by the Farm Credit System; 17

(4) to support the activities of one or more eq-18

uity commissions that will address racial equity 19

issues within the Department of Agriculture and its 20

programs; 21

(5) to support the development of one or more 22

legal centers focused on agricultural legal issues of 23

socially disadvantaged farmers, ranchers, or forest 24

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landowners or other members of socially disadvan-1

taged groups; 2

(6) to support and supplement agricultural re-3

search, education, and extension, as well as scholar-4

ships and programs that provide internships and 5

pathways to Federal employment, at— 6

(A) colleges or universities eligible to re-7

ceive funds under the Act of August 30, 1890 8

(commonly known as the ‘‘Second Morrill Act’’) 9

(7 U.S.C. 321 et seq.), including Tuskegee Uni-10

versity; 11

(B) 1994 Institutions (as defined in sec-12

tion 532 of the Equity in Educational Land- 13

Grant Status Act of 1994 (7 U.S.C. 301 note; 14

Public Law 103–382)); 15

(C) Alaska Native serving institutions and 16

Native Hawaiian serving institutions eligible to 17

receive grants under subsections (a) and (b), re-18

spectively, of section 1419B of the National Ag-19

ricultural Research, Extension, and Teaching 20

Policy Act of 1977 (7 U.S.C. 3156); 21

(D) Hispanic-serving institutions eligible to 22

receive grants under section 1455 of the Na-23

tional Agricultural Research, Extension, and 24

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Teaching Policy Act of 1977 (7 U.S.C. 3241); 1

and 2

(E) the insular area institutions of higher 3

education located in the territories of the 4

United States, as referred to in section 1489 of 5

the National Agricultural Research, Extension, 6

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

3361); 8

(7) to provide assistance to socially disadvan-9

taged farmers, ranchers, or forest landowners that 10

are former farm loan borrowers that suffered related 11

adverse actions or past discrimination or bias in De-12

partment of Agriculture programs, as determined by 13

the Secretary; and 14

(8) to establish pilot projects that focus on land 15

acquisition, financial planning, and credit by pro-16

viding technical and financial assistance related to 17

agricultural production or timber production on non-18

industrial private forest land to socially disadvan-19

taged farmers, ranchers, or forest landowners, or 20

other members of socially disadvantaged groups. 21

(c) DEFINITIONS.—In this section: 22

(1) NONINDUSTRIAL PRIVATE FOREST LAND.— 23

The term ‘‘nonindustrial private forest land’’ has the 24

meaning given the term in section 1201(a)(18) of 25

21

•HR 1319 EH

the Food Security Act of 1985 (16 U.S.C. 1

3801(a)(18)). 2

(2) SOCIALLY DISADVANTAGED FARMER, 3

RANCHER, OR FOREST LANDOWNER.—The term ‘‘so-4

cially disadvantaged farmer, rancher, or forest land-5

owner’’ means a farmer, rancher, or owner or oper-6

ator of nonindustrial private forest land who is a 7

member of a socially disadvantaged group. 8

(3) SOCIALLY DISADVANTAGED GROUP.—The 9

term ‘‘socially disadvantaged group’’ has the mean-10

ing given the term in section 2501(a) of the Food, 11

Agriculture, Conservation, and Trade Act of 1990 (7 12

U.S.C. 2279(a)). 13

SEC. 1007. USE OF THE COMMODITY CREDIT CORPORATION 14

FOR COMMODITIES AND ASSOCIATED EX-15

PENSES. 16


there are appropriated for fiscal year 2021, out of any 18

money in the Treasury not otherwise appropriated, 19

$800,000,000, to remain available until September 30, 20

2022, to use the Commodity Credit Corporation to acquire 21

and make available commodities under section 406(b) of 22

the Food for Peace Act (7 U.S.C. 1736(b)) and for ex-23

penses under such section. 24

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•HR 1319 EH

Subtitle B—Nutrition 1

SEC. 1101. SUPPLEMENTAL NUTRITION ASSISTANCE PRO-2

GRAM. 3

(a) VALUE OF BENEFITS.—Section 702(a) of division 4

N of the Consolidated Appropriations Act, 2021 (Public 5

Law 116–260) is amended by striking ‘‘June 30, 2021’’ 6

and inserting ‘‘September 30, 2021’’. 7

(b) SNAP ADMINISTRATIVE EXPENSES.—In addition 8

to amounts otherwise available, there is hereby appro-9

priated for fiscal year 2021, out of any amounts in the 10


remain available until September 30, 2023, with amounts 12

to be obligated for each of fiscal years 2021, 2022, and 13

2023, for the costs of State administrative expenses asso-14

ciated with carrying out this section and administering the 15

supplemental nutrition assistance program established 16

under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 17

et seq.), of which— 18

(1) $15,000,000 shall be for necessary expenses 19

of the Secretary of Agriculture (in this section re-20

ferred to as the ‘‘Secretary’’) for management and 21

oversight of the program; and 22

(2) $1,135,000,000 shall be for the Secretary to 23

make grants to each State agency for each of fiscal 24

years 2021 through 2023 as follows: 25

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•HR 1319 EH

(A) 75 percent of the amounts available 1

shall be allocated to States based on the share 2

of each State of households that participate in 3

the supplemental nutrition assistance program 4

as reported to the Department of Agriculture 5

for the most recent 12-month period for which 6

data are available, adjusted by the Secretary 7

(as of the date of the enactment of this Act) for 8

participation in disaster programs under section 9

5(h) of the Food and Nutrition Act of 2008 (7 10

U.S.C. 2014(h)); and 11

(B) 25 percent of the amounts available 12

shall be allocated to States based on the in-13

crease in the number of households that partici-14

pate in the supplemental nutrition assistance 15

program as reported to the Department of Ag-16

riculture over the most recent 12-month period 17

for which data are available, adjusted by the 18

Secretary (as of the date of the enactment of 19

this Act) for participation in disaster programs 20

under section 5(h) of the Food and Nutrition 21

Act of 2008 (7 U.S.C. 2014(h)). 22

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•HR 1319 EH

SEC. 1102. ADDITIONAL ASSISTANCE FOR SNAP ONLINE 1

PURCHASING AND TECHNOLOGY IMPROVE-2

MENTS. 3

(a) FUNDING.—In addition to amounts otherwise 4

made available, there is appropriated for fiscal year 2021, 5

out of any amounts in the Treasury not otherwise appro-6

priated, $25,000,000 to remain available through Sep-7

tember 30, 2026, to carry out this section. 8

(b) USE OF FUNDS.—The Secretary of Agriculture 9

may use the amounts made available pursuant to sub-10

section (a)— 11

(1) to make technological improvements to im-12

prove online purchasing in the supplemental nutri-13

tion assistance program established under the Food 14

and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 15

(2) to modernize electronic benefit transfer 16

technology; 17

(3) to support the mobile technologies dem-18

onstration projects and the use of mobile tech-19

nologies authorized under section 7(h)(14) of the 20

Food and Nutrition Act of 2008 (7 U.S.C. 21

2016(h)(14)); and 22

(4) to provide technical assistance to educate 23

retailers on the process and technical requirements 24

for the online acceptance of the supplemental nutri-25

tion assistance program benefits, for mobile pay-26

25

•HR 1319 EH

ments, and for electronic benefit transfer moderniza-1

tion initiatives. 2

SEC. 1103. ADDITIONAL FUNDING FOR NUTRITION ASSIST-3

ANCE PROGRAMS. 4

Section 704 of division N of the Consolidated Appro-5

priations Act, 2021 (Public Law 116–260) is amended— 6

(1) by striking ‘‘In addition’’ and inserting the 7

following: 8

‘‘(a) COVID–19 RESPONSE FUNDING.—In addi-9

tion’’; and 10

(2) by adding at the end the following— 11

‘‘(b) ADDITIONAL FUNDING.—In addition to any 12

other funds made available, there is appropriated for fiscal 13


appropriated, $1,000,000,000 to remain available until 15

September 30, 2027, for the Secretary of Agriculture to 16

provide grants to the Commonwealth of Northern Mariana 17

Islands, Puerto Rico, and American Samoa for nutrition 18

assistance, of which $30,000,000 shall be available to pro-19

vide grants to the Commonwealth of Northern Mariana 20

Islands for such assistance.’’. 21

SEC. 1104. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 22


there is appropriated for fiscal year 2021, out of any 24


26

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2022, for activities authorized by section 4(a) of the Agri-2

culture and Consumer Protection Act of 1973 (7 U.S.C. 3

612c note). 4

TITLE II—COMMITTEE ON 5

EDUCATION AND LABOR 6

Subtitle A—Education Matters 7

PART 1—DEPARTMENT OF EDUCATION 8

SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER-9

GENCY RELIEF FUND. 10

(a) IN GENERAL.—In addition to amounts otherwise 11

available through the Education Stabilization Fund, there 12

is appropriated to the Department of Education for fiscal 13


appropriated, $128,554,800,000, to remain available 15

through September 30, 2023, to carry out this section. 16

(b) GRANTS.—From funds provided under subsection 17

(a), the Secretary shall make grants to each State edu-18

cational agency in accordance with this section. 19

(c) ALLOCATIONS TO STATES.—The amount of each 20

grant under subsection (b) shall be allocated by the Sec-21

retary to each State in the same proportion as each State 22

received under part A of title I of the Elementary and 23

Secondary Education Act of 1965 in the most recent fiscal 24

year. 25

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(d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-1

CIES.—Each State shall allocate not less than 90 percent 2

of the grant funds awarded to the State under this section 3

as subgrants to local educational agencies (including char-4

ter schools that are local educational agencies) in the State 5

in proportion to the amount of funds such local edu-6

cational agencies and charter schools that are local edu-7

cational agencies received under part A of title I of the 8

Elementary and Secondary Education Act of 1965 in the 9

most recent fiscal year. 10

(e) USES OF FUNDS.—A local educational agency 11

that receives funds under this section— 12

(1) shall reserve not less than 20 percent of 13

such funds to address learning loss through the im-14

plementation of evidence-based interventions, such 15

as summer learning, extended day, comprehensive 16

afterschool programs, or extended school year pro-17

grams, and ensure that such interventions respond 18

to students’ academic, social, and emotional needs 19

and address the disproportionate impact of the 20

coronavirus on the student subgroups described in 21

section 1111(b)(2)(xi) of the Elementary and Sec-22

ondary Education Act of 1965 (20 U.S.C. 23

6311(b)(2)(xi)), students experiencing homelessness, 24

and children and youth in foster care; and 25

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(2) shall use the remaining funds for any of the 1

following: 2

(A) Any activity authorized by the Elemen-3

tary and Secondary Education Act of 1965. 4

(B) Any activity authorized by the Individ-5

uals with Disabilities Education Act. 6

(C) Any activity authorized by the Adult 7

Education and Family Literacy Act. 8

(D) Any activity authorized by the Carl D. 9

Perkins Career and Technical Education Act of 10

2006. 11

(E) Coordination of preparedness and re-12

sponse efforts of local educational agencies with 13

State, local, Tribal, and territorial public health 14

departments, and other relevant agencies, to 15

improve coordinated responses among such enti-16

ties to prevent, prepare for, and respond to 17

coronavirus. 18

(F) Providing principals and others school 19

leaders with the resources necessary to address 20

the needs of their individual schools. 21

(G) Activities to address the unique needs 22

of low-income children or students, children 23

with disabilities, English learners, racial and 24

ethnic minorities, students experiencing home-25

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•HR 1319 EH

lessness, and foster care youth, including how 1

outreach and service delivery will meet the 2

needs of each population. 3

(H) Developing and implementing proce-4

dures and systems to improve the preparedness 5

and response efforts of local educational agen-6

cies. 7

(I) Training and professional development 8

for staff of the local educational agency on sani-9

tation and minimizing the spread of infectious 10

diseases. 11

(J) Purchasing supplies to sanitize and 12

clean the facilities of a local educational agency, 13

including buildings operated by such agency. 14

(K) Planning for, coordinating, and imple-15

menting activities during long-term closures, in-16

cluding providing meals to eligible students, 17

providing technology for online learning to all 18

students, providing guidance for carrying out 19

requirements under the IDEA and ensuring 20

other educational services can continue to be 21

provided consistent with all Federal, State, and 22

local requirements. 23

(L) Purchasing educational technology (in-24

cluding hardware, software, and connectivity) 25

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•HR 1319 EH

for students who are served by the local edu-1

cational agency that aids in regular and sub-2

stantive educational interaction between stu-3

dents and their classroom instructors, including 4

low-income students and children with disabil-5

ities, which may include assistive technology or 6

adaptive equipment. 7

(M) Providing mental health services and 8

supports. 9

(N) Planning and implementing activities 10

related to summer learning and supplemental 11

afterschool programs, including providing class-12

room instruction or online learning during the 13

summer months and addressing the needs of 14

low-income students, children with disabilities, 15

English learners, migrant students, students ex-16

periencing homelessness, and children in foster 17

care. 18

(O) Addressing learning loss among stu-19

dents, including low-income students, children 20

with disabilities, English learners, racial and 21

ethnic minorities, students experiencing home-22

lessness, and children and youth in foster care, 23

of the local educational agency, including by— 24

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•HR 1319 EH

(i) administering and using high-qual-1

ity assessments that are valid and reliable, 2

to accurately assess students’ academic 3

progress and assist educators in meeting 4

students’ academic needs, including 5

through differentiating instruction; 6

(ii) implementing evidence-based ac-7

tivities to meet the comprehensive needs of 8

students; 9

(iii) providing information and assist-10

ance to parents and families on how they 11

can effectively support students, including 12

in a distance learning environment; and 13

(iv) tracking student attendance and 14

improving student engagement in distance 15

education. 16

(P) School facility repairs and improve-17

ments to enable operation of schools to reduce 18

risk of virus transmission and exposure to envi-19

ronmental health hazards, and to support stu-20

dent health needs. 21

(Q) Inspection, testing, maintenance, re-22

pair, replacement, and upgrade projects to im-23

prove the indoor air quality in school facilities, 24

including mechanical and non-mechanical heat-25

32

•HR 1319 EH

ing, ventilation, and air conditioning systems, 1

filtering, purification and other air cleaning, 2

fans, control systems, and window and door re-3

pair and replacement. 4

(R) Developing strategies and imple-5

menting public health protocols including, to 6

the greatest extent practicable, policies in line 7

with guidance from the Centers for Disease 8

Control and Prevention for the reopening and 9

operation of school facilities to effectively main-10

tain the health and safety of students, edu-11

cators, and other staff. 12

(S) Other activities that are necessary to 13

maintain the operation of and continuity of 14

services in local educational agencies and con-15

tinuing to employ existing staff of the local edu-16

cational agency. 17

(f) STATE FUNDING.—With funds not otherwise allo-18

cated under subsection (d), a State— 19

(1) shall reserve not less than 5 percent of the 20

total amount of grant funds awarded to the State 21

under this section to carry out, directly or through 22

grants or contracts, activities to address learning 23

loss by supporting the implementation of evidence- 24

based interventions, such as summer learning, ex-25

33

•HR 1319 EH

tended day, comprehensive afterschool programs, or 1

extended school year programs, and ensure that 2

such interventions respond to students’ academic, 3

social, and emotional needs and address the dis-4

proportionate impact of the coronavirus on the stu-5

dent subgroups described in section 1111(b)(2)(xi) 6

of the Elementary and Secondary Education Act of 7

1965 (20 U.S.C. 6311(b)(2)(xi)), students experi-8

encing homelessness, and children and youth in fos-9

ter care, including by providing additional support to 10

local educational agencies to fully address such im-11

pacts; and 12

(2) may reserve not more than one-half of 1 13

percent of the total amount of grant funds awarded 14

to the State under this section for administrative 15

costs and the remainder for emergency needs as de-16

termined by the state educational agency to address 17

issues responding to coronavirus, which may be ad-18

dressed through the use of grants or contracts. 19

(g) EQUITABLE SERVICES.— 20

(1) IN GENERAL.—In carrying out subsection 21

(e)(1), a local educational agency shall provide equi-22

table services in the same manner as provided under 23

section 1117 of the Elementary and Secondary Edu-24

cation Act of 1965 (20 U.S.C. 6320) to students 25

34

•HR 1319 EH

and teachers in non-public schools, as determined in 1

consultation with representatives of non-public 2

schools, except that the standards for a bypass (if 3

needed because a local educational agency is prohib-4

ited by law from providing equitable services or has 5

substantially failed or is unwilling to provide equi-6

table services) shall be solely determined by the Sec-7

retary. 8

(2) PUBLIC CONTROL OF FUNDS.—Control of 9

funds provided under subsection (e)(1), and title to 10

materials, equipment, and property purchased with 11

such funds, shall be in a public agency, and a public 12

agency shall administer such funds, materials, equip-13

ment, and property and shall provide such services 14

(or may contract for the provision of such services 15

with a public or private entity). 16

(h) REPORT.—A State receiving funds under this sec-17

tion shall submit a report to the Secretary, not later than 18

6 months after receiving funding provided in this section, 19

and every 6 months thereafter until such funds are obli-20

gated, that provides a detailed accounting of the use of 21

funds provided under this section, including by identifying 22

the specific amounts used to carry out subsections (e)(1) 23

and (f)(1) and a description of the specific activities car-24

ried out under such subsections. 25

35

•HR 1319 EH

(i) REALLOCATION.—A State shall return to the Sec-1

retary any funds received under this section that the State 2

does not award within 1 year of receiving such funds and 3

the Secretary shall reallocate such funds to the remaining 4

States in accordance with subsection (c). 5

(j) ESEA TERMS.—The terms ‘‘child’’, ‘‘children 6

with disabilities’’, ‘‘distance education’’, ‘‘elementary 7

school’’, ‘‘English learner’’, ‘‘evidence-based’’, ‘‘extended 8

learning time’’, ‘‘secondary school’’, ‘‘local educational 9

agency’’, ‘‘parent’’, ‘‘school leader’’, ‘‘Secretary’’, ‘‘State’’, 10

‘‘state educational agency’’, and ‘‘technology’’ have the 11

meanings given those terms in section 8101 of the Ele-12

mentary and Secondary Education Act of 1965 (20 U.S.C. 13

7801). 14

SEC. 2002. HIGHER EDUCATION EMERGENCY RELIEF FUND. 15

In addition to amounts otherwise available, there is 16

appropriated to the Department of Education for fiscal 17


appropriated, $39,584,570,000, to remain available 19

through September 30, 2023, for making allocations to in-20

stitutions of higher education in accordance with the same 21

terms and conditions of section 314 of Coronavirus Re-22

sponse and Relief Supplemental Appropriations Act, 2021 23

(division M of Public Law 116–260), except that— 24

36

•HR 1319 EH

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

be applied by substituting ‘‘91 percent’’ for ‘‘89 per-2

cent’’; 3


be applied— 5

(A) in the matter preceding subparagraph 6

(A), by substituting ‘‘under the heading ‘Higher 7

Education’ in the Department of Education Ap-8

propriations Act, 2020’’ for ‘‘in the Further 9

Consolidated Appropriations Act, 2020 (Public 10

Law 116–94)’’; and 11

(B) in subparagraph (B), by substituting 12

‘‘under the heading ‘Higher Education’ in the 13

Department of Education Appropriations Act, 14

2020’’ for ‘‘in the Further Consolidated Appro-15

priations Act, 2020 (Public Law 116–94)’’; 16

(3) an institution that receives an allocation ap-17

portioned in accordance with clause (iii) of sub-18

section (a)(2)(A) of such section 314 that has a 19

total endowment size of less than $1,000,000 (in-20

cluding an institution that does not have an endow-21

ment) shall be treated by the Secretary as having a 22

total endowment size of $1,000,000 for the purposes 23

of such clause (iii); 24

37

•HR 1319 EH


be applied by substituting ‘‘1 percent’’ for ‘‘3 per-2

cent’’; 3

(5) except as provided in paragraphs (7) and 4

(9) of subsection (d) of such section 314, an institu-5

tion shall use a portion of funds received under this 6

section to— 7

(A) implement evidence-based practices to 8

monitor and suppress coronavirus in accordance 9

with public health guidelines; and 10

(B) conduct direct outreach to financial 11

aid applicants about the opportunity to receive 12

a financial aid adjustment due to the recent un-13

employment of a family member or independent 14

student, or other circumstances, described in 15

section 479A of the Higher Education Act of 16

1965 (20 U.S.C. 1087tt); 17

(6) the following shall not apply to funds pro-18

vided or received in accordance with this section— 19

(A) subsection (b) of such section 314; 20

(B) paragraph (2) of subsection (c) of such 21

section 314; 22

(C) paragraphs (1), (2), (4), (5), (6), and 23

(8) of subsection (d) of such section 314; 24

38

•HR 1319 EH

(D) subsections (e) and (f) of such section 1

314; and 2

(E) section 316 of the Coronavirus Re-3

sponse and Relief Supplemental Appropriations 4

Act, 2021 (division M of Public Law 116–260); 5

and 6

(7) an institution that receives an allocation 7

under this section apportioned in accordance with 8

subparagraphs (A) through (D) of subsection (a)(1) 9

of such section 314 shall use not less than 50 per-10

cent of such allocation to provide emergency finan-11

cial aid grants to students in accordance with sub-12

section (c)(3) of such section 314. 13

SEC. 2003. MAINTENANCE OF EFFORT AND MAINTENANCE 14

OF EQUITY. 15

(a) STATE MAINTENANCE OF EFFORT.— 16

(1) IN GENERAL.—As a condition of receiving 17

funds under section 2001, a State shall maintain 18

support for elementary and secondary education, 19

and for higher education (which shall include State 20

funding to institutions of higher education and State 21

need-based financial aid, and shall not include sup-22

port for capital projects or for research and develop-23

ment or tuition and fees paid by students), in each 24

of fiscal years 2022 and 2023 at least at the propor-25

39

•HR 1319 EH

tional levels of such State’s support for elementary 1

and secondary education and for higher education 2

relative to such State’s overall spending, averaged 3

over fiscal years 2017, 2018, and 2019. 4

(2) WAIVER.—For the purpose of relieving fis-5

cal burdens incurred by States in preventing, pre-6

paring for, and responding to the coronavirus, the 7

Secretary of Education may waive any maintenance 8

of effort requirements associated with the Education 9

Stabilization Fund. 10

(b) STATE MAINTENANCE OF EQUITY.— 11

(1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN-12

CIES.—As a condition of receiving funds under sec-13

tion 2001, a State educational agency shall not, in 14

fiscal year 2022 or 2023, reduce State funding (cal-15

culated on a per-pupil basis) for any high-poverty 16

local educational agency in the State by an amount 17

that exceeds the overall per-pupil reduction in State 18

funds, if any, across all local educational agencies in 19

such State in such fiscal year. 20

(2) LOCAL EDUCATIONAL AGENCIES WITH 21

HIGHEST SHARE OF ECONOMICALLY DISADVAN-22

TAGED STUDENT.—Notwithstanding paragraph (1), 23

as a condition of receiving funds under section 2001, 24

a State educational agency shall not, in fiscal year 25

40

•HR 1319 EH

2022 or 2023, reduce State funding for any local 1

educational agency that is part of the 20 percent of 2

local educational agencies in the State with the high-3

est percentage of economically disadvantaged stu-4

dents (based on the percentages of economically dis-5

advantaged students served by all local educational 6

agencies in the State on the basis of the most recent 7

satisfactory data available from the Department of 8

Commerce (or, for local educational agencies for 9

which no such data is available, such other data as 10

the Secretary of Education determines is satisfac-11

tory)) below the level of funding provided to such 12

local educational agencies in fiscal year 2019. 13

(c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF 14

EQUITY FOR HIGH-POVERTY SCHOOLS.—As a condition 15

of receiving funds under section 2001, a local educational 16

agency shall not, in fiscal year 2022 or 2023— 17

(1) reduce per-pupil funding (from combined 18

State and local funding) for any high-poverty school 19

served by such local educational agency by an 20

amount that exceeds— 21

(A) the total reduction in local educational 22

agency funding (from combined State and local 23

funding) for all schools served by the local edu-24

41

•HR 1319 EH

cational agency in such fiscal year (if any); di-1

vided by 2

(B) the number of children enrolled in all 3

schools served by the local educational agency 4

in such fiscal year; or 5

(2) reduce per-pupil, full-time equivalent staff 6

in any high-poverty school by an amount that ex-7

ceeds— 8

(A) the total reduction in full-time equiva-9

lent staff in all schools served by such local 10

educational agency in such fiscal year (if any); 11

divided by 12

(B) the number of children enrolled in all 13

schools served by the local educational agency 14

in such fiscal year. 15

(d) DEFINITIONS.—In this section: 16

(1) The term ‘‘high-poverty local educational 17

agency’’ means, with respect to a local educational 18

agency in a State, a local educational agency that 19

serves a higher percentage of economically disadvan-20

taged students than the local educational agency 21

that serves the median percentage of economically 22

disadvantaged students, based on the percentages of 23

economically disadvantaged students served by all 24

local educational agencies in such State, on the basis 25

42

•HR 1319 EH

of the most recent satisfactory data available from 1

the Department of Commerce (or, for local edu-2

cational agencies for which no such data is available, 3

such other data as the Secretary of Education deter-4

mines is satisfactory). 5

(2) The term ‘‘high-poverty school’’ means, with 6

respect to a school served by a local educational 7

agency, a school that serves a higher percentage of 8

economically disadvantaged students (as determined 9

by any measure of poverty, as determined by the 10

Secretary of Education), than the school that serves 11

the median percentage of economically disadvan-12

taged students based on the percentages of economi-13

cally disadvantaged students— 14

(A) at all schools served by such local edu-15

cational agency; or 16

(B) at all schools within each grade-span 17

of such local educational agency. 18

(3) The term ‘‘overall per-pupil reduction in 19

State funds’’ means, with respect to a fiscal year— 20

(A) the amount of any reduction in the 21

total amount of State funds provided to all local 22

educational agencies in the State in such fiscal 23

year compared to the total amount of such 24

funds provided to all local educational agencies 25

43

•HR 1319 EH

in the State in the previous fiscal year; divided 1

by 2

(B) the aggregate number of children en-3

rolled in all schools served by all local edu-4

cational agencies in the State in the fiscal year 5

for which the determination is being made. 6

SEC. 2004. OUTLYING AREAS. 7




appropriated, $850,000,000, to remain available through 11

September 30, 2023, for the Secretary of Education to 12

allocate awards to the outlying areas on the basis of their 13

respective needs, as determined by the Secretary, to be 14

allocated not more than 30 calendar days after the date 15

of enactment of this Act. 16

SEC. 2005. BUREAU OF INDIAN EDUCATION. 17


appropriated to the Department of Interior for fiscal year 19

2021, out of any money in the Treasury not otherwise ap-20

propriated, $850,000,000, to remain available until ex-21

pended, for the Secretary of the Interior for awards, which 22

awards shall be determined and funds for such awards al-23

located by the Secretary of the Interior not more than 30 24

calendar days after the date of enactment of this Act, for 25

44

•HR 1319 EH

programs operated or funded by the Bureau of Indian 1

Education, for Bureau-funded schools (as defined in sec-2

tion 1141(3) of the Education Amendments of 1978 (25 3

U.S.C. 2021(3)), and for Tribal Colleges or Universities 4

(as defined in section 316(b)(3) of the Higher Education 5

Act of 1965 (20 U.S.C. 1059c(b)(3))). 6

SEC. 2006. GALLAUDET UNIVERSITY. 7





September 30, 2023, for the Kendall Demonstration Ele-12

mentary School, the Model Secondary School for the Deaf, 13

and Gallaudet University to prevent, prepare for, and re-14

spond to coronavirus, domestically or internationally, in-15

cluding to defray expenses associated with coronavirus (in-16

cluding lost revenue, reimbursement for expenses already 17

incurred, technology costs associated with a transition to 18

distance education, faculty and staff trainings, and pay-19

roll) and to provide financial aid grants to students, which 20

may be used for any component of the student’s cost of 21

attendance. 22

SEC. 2007. STUDENT AID ADMINISTRATION. 23



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•HR 1319 EH



September 30, 2023, for Student Aid Administration with-3

in the Department of Education to prevent, prepare for, 4

and respond to coronavirus including direct outreach to 5

students and borrowers about financial aid, economic im-6

pact payments, means-tested benefits, unemployment as-7

sistance, and tax benefits, for which the students and bor-8

rowers may be eligible. 9

SEC. 2008. HOWARD UNIVERSITY. 10





September 30, 2023, for Howard University to prevent, 15

prepare for, and respond to coronavirus, including to de-16

fray expenses associated with coronavirus (including lost 17

revenue, reimbursement for expenses already incurred, 18

technology costs associated with a transition to distance 19

education, faculty and staff trainings, and payroll) and to 20

provide financial aid grants to students, which may be 21

used for any component of the student’s cost of attend-22

ance. 23

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SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 1

DEAF. 2





September 30, 2023, for the National Technical Institute 7

for the Deaf to prevent, prepare for, and respond to 8

coronavirus, including to defray expenses associated with 9

coronavirus (including lost revenue, reimbursement for ex-10

penses already incurred, technology costs associated with 11

a transition to distance education, faculty and staff train-12

ing, and payroll) and to provide financial aid grants to 13

students, which may be used for any component of the 14

student’s cost of attendance. 15

SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 16





September 30, 2023, for the Institute of Education 21

Sciences to carry out research related to addressing learn-22

ing loss caused by the coronavirus among the student sub-23

groups described in section 1111(b)(2)(xi) of the Elemen-24

tary and Secondary Education Act of 1965 (20 U.S.C. 25

6311(b)(2)(xi)) and students experiencing homelessness 26

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and children and youth in foster care, and to disseminate 1

such findings to State educational agencies and local edu-2

cational agencies and other appropriate entities. 3

SEC. 2011. PROGRAM ADMINISTRATION. 4





September 30, 2024, for Program Administration within 9

the Department of Education to prevent, prepare for, and 10

respond to coronavirus, and for salaries and expenses nec-11

essary to implement this part. 12

SEC. 2012. OFFICE OF INSPECTOR GENERAL. 13




appropriated, $5,000,000, to remain available until ex-17

pended, for the Office of Inspector General of the Depart-18

ment of Education, for salaries and expenses necessary for 19

oversight, investigations, and audits of programs, grants, 20

and projects funded under this part carried out by the 21

Office of Inspector General. 22

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SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 1

FOR PROPRIETARY INSTITUTIONS OF HIGH-2

ER EDUCATION. 3

(a) IN GENERAL.—Section 487(a)(24) of the Higher 4

Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend-5

ed by striking ‘‘funds provided under this title’’ and insert-6

ing ‘‘Federal funds that are disbursed or delivered to or 7

on behalf of a student to be used to attend such institution 8

(referred to in this paragraph and subsection (d) as ‘Fed-9

eral education assistance funds’)’’. 10

(b) IMPLEMENTATION OF NON-FEDERAL REVENUE 11

REQUIREMENT.—Section 487(d) of the Higher Education 12

Act of 1965 (20 U.S.C. 1094(d)) is amended— 13

(1) in the subsection heading, by striking ‘‘Non- 14

title IV’’ and inserting ‘‘Non-Federal’’; and 15

(2) in paragraph (1)(C), by striking ‘‘funds for 16

a program under this title’’ and inserting ‘‘Federal 17

education assistance funds’’. 18

PART 2—MISCELLANEOUS 19

SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 20



the Treasury not otherwise appropriated, $135,000,000, 23

to remain available until expended, under the National 24

Foundation on the Arts and the Humanities Act of 1965, 25

as follows: 26

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(1) Forty percent shall be for grants, and rel-1

evant administrative expenses, to State arts agencies 2

and regional arts organizations that support organi-3

zations’ programming and general operating ex-4

penses to cover up to 100 percent of the costs of the 5

programs which the grants support, to prevent, pre-6

pare for, respond to, and recover from the 7

coronavirus. 8

(2) Sixty percent shall be for direct grants, and 9

relevant administrative expenses, that support orga-10

nizations’ programming and general operating ex-11

penses to cover up to 100 percent of the costs of the 12

programs which the grants support, to prevent, pre-13

pare for, respond to, and recover from the 14

coronavirus. 15

SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 16




to remain available until expended, under the National 20

Foundation on the Arts and the Humanities Act of 1965, 21

as follows: 22

(1) Forty percent shall be for grants, and rel-23

evant administrative expenses, to State humanities 24

councils that support humanities organizations’ pro-25

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gramming and general operating expenses to cover 1

up to 100 percent of the costs of the programs 2

which the grants support, to prevent, prepare for, 3

respond to, and recover from the coronavirus. 4

(2) Sixty percent shall be for direct grants, and 5

relevant administrative expenses, that support hu-6

manities organizations’ programming and general 7

operating expenses to cover up to 100 percent of the 8

costs of the programs which the grants support, to 9

prevent, prepare for, respond to, and recover from 10

the coronavirus. 11

SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 12


appropriated to the Institute of Museum and Library 14

Services for fiscal year 2021, out of any money in the 15

Treasury not otherwise appropriated, $200,000,000, to re-16

main available until expended, for necessary expenses to 17

carry out museum and library services. The Director of 18

the Institute of Museum and Library Services shall award 19

not less than 89 percent of such funds to State library 20

administrative agencies by applying the formula in section 21

221(b) of the Museum and Library Services Act, except 22

that— 23

(1) section 221(b)(3)(A) of such Act shall be 24

applied by substituting ‘‘$2,000,000’’ for 25

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‘‘$680,000’’ and by substituting ‘‘$200,000’’ for 1

‘‘$60,000’’; and 2

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

and (c) of section 223 of such Act shall not apply 4

to funds provided under this section. 5

SEC. 2024. COVID-19 RESPONSE RESOURCES FOR THE PRES-6

ERVATION AND MAINTENANCE OF NATIVE 7

AMERICAN LANGUAGES. 8

(a) Section 816 of the Native American Programs 9

Act of 1974 (42 U.S.C. 2992d) is amended by adding at 10

the end the following: 11

‘‘(f) In addition to amounts otherwise available, there 12

is appropriated for fiscal year 2021, out of any money in 13

the Treasury not otherwise appropriated, $10,000,000 to 14

remain available until expended, to carry out section 15

803C(g) of this Act.’’. 16

(b) Section 803C of the Native American Programs 17

Act of 1974 (42 U.S.C. 2991b-3) is amended by adding 18

at the end the following: 19

‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN 20

LANGUAGE PRESERVATION AND MAINTENANCE.—Not 21

later than 180 days after the effective date of this sub-22

section, the Secretary shall award grants to entities eligi-23

ble to receive assistance under subsection (a) to ensure 24

the survival and continuing vitality of Native American 25

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languages during and after the public health emergency 1

declared by the Secretary pursuant to section 319 of the 2

Public Health Service Act (42 U.S.C. 247d) with respect 3

to the COVID–19 pandemic.’’. 4

Subtitle B—Labor Matters 5

SEC. 2101. RAISING THE FEDERAL MINIMUM WAGE. 6

(a) MINIMUM WAGE INCREASES.— 7

(1) IN GENERAL.—Section 6(a)(1) of the Fair 8

Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 9

is amended to read as follows: 10

‘‘(1) except as otherwise provided in this sec-11

tion, not less than— 12

‘‘(A) $9.50 an hour, beginning on the ef-13

fective date under section 2101(e) of the Amer-14

ican Rescue Plan Act of 2021; 15

‘‘(B) $11.00 an hour, beginning 1 year 16

after such effective date; 17

‘‘(C) $12.50 an hour, beginning 2 years 18


‘‘(D) $14.00 an hour, beginning 3 years 20


‘‘(E) $15.00 an hour, beginning 4 years 22

after such effective date; and 23

‘‘(F) beginning on the date that is 5 years 24

after such effective date, and annually there-25

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after, the amount determined by the Secretary 1

under subsection (h);’’. 2

(2) DETERMINATION BASED ON INCREASE IN 3

THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 4

Section 6 of the Fair Labor Standards Act of 1938 5

(29 U.S.C. 206) is amended by adding at the end 6

the following: 7

‘‘(h)(1) Not later than each date that is 90 days be-8

fore a new minimum wage determined under subsection 9

(a)(1)(F) is to take effect, the Secretary shall determine 10

the minimum wage to be in effect under this subsection 11

for each period described in subsection (a)(1)(F). The 12

wage determined under this subsection for a year shall 13

be— 14

‘‘(A) not less than the amount in effect under 15

subsection (a)(1) on the date of such determination; 16

‘‘(B) increased from such amount by the annual 17

percentage increase, if any, in the median hourly 18

wage of all employees as determined by the Bureau 19

of Labor Statistics; and 20

‘‘(C) rounded up to the nearest multiple of 21

$0.05. 22

‘‘(2) In calculating the annual percentage increase in 23

the median hourly wage of all employees for purposes of 24

paragraph (1)(B), the Secretary, through the Bureau of 25

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Labor Statistics, shall compile data on the hourly wages 1

of all employees to determine such a median hourly wage 2

and compare such median hourly wage for the most recent 3

year for which data are available with the median hourly 4

wage determined for the preceding year.’’. 5

(b) TIPPED EMPLOYEES.— 6

(1) BASE MINIMUM WAGE FOR TIPPED EMPLOY-7

EES AND TIPS RETAINED BY EMPLOYEES.—Section 8

3(m)(2)(A)(i) of the Fair Labor Standards Act of 9

1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 10

read as follows: 11

‘‘(i) the cash wage paid such em-12

ployee, which for purposes of such deter-13

mination shall be not less than— 14

‘‘(I) for the 1-year period begin-15

ning on the effective date under sec-16

tion 2101(e) of the American Rescue 17

Plan Act of 2021, $4.95 an hour; 18

‘‘(II) for each succeeding 1-year 19

period until the hourly wage under 20

this clause equals the wage in effect 21

under section 6(a)(1) for such period, 22

an hourly wage equal to the amount 23

determined under this clause for the 24

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•HR 1319 EH

preceding year, increased by the lesser 1

of— 2

‘‘(aa) $2.00; or 3

‘‘(bb) the amount necessary 4

for the wage in effect under this 5

clause to equal the wage in effect 6

under section 6(a)(1) for such 7

period, rounded up to the nearest 8

multiple of $0.05; and 9

‘‘(III) for each succeeding 1-year 10

period after all increases are made 11

pursuant to subclause (II), the min-12

imum wage in effect under section 13

6(a)(1); and’’. 14

(2) SCHEDULED REPEAL OF SEPARATE MIN-15

IMUM WAGE FOR TIPPED EMPLOYEES.— 16

(A) TIPPED EMPLOYEES.—Section 17

3(m)(2)(A) of the Fair Labor Standards Act of 18

1938 (29 U.S.C. 203(m)(2)(A)), as amended by 19

paragraph (1), is further amended by striking 20

the sentence beginning with ‘‘In determining 21

the wage an employer is required to pay a 22

tipped employee,’’ and all that follows through 23

‘‘of this subsection.’’ and inserting ‘‘The wage 24

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required to be paid to a tipped employee shall 1

be the wage set forth in section 6(a)(1).’’. 2

(B) EFFECTIVE DATE.—The amendments 3

made by subparagraph (A) shall take effect on 4

the date that is 1 day after the date on which 5

the hourly wage under subclause (III) of section 6

3(m)(2)(A)(i) of the Fair Labor Standards Act 7

of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as 8

amended by paragraph (1), takes effect. 9

(3) PENALTIES.—Section 16 of the Fair Labor 10

Standards Act of 1938 (29 U.S.C. 216) is amend-11

ed— 12

(A) in the third sentence of subsection (b), 13

by inserting ‘‘or used’’ after ‘‘kept’’; and 14

(B) in the second sentence of subsection 15

(e)(2), by inserting ‘‘or used’’ after ‘‘kept’’. 16

(c) NEWLY HIRED EMPLOYEES WHO ARE LESS 17

THAN 20 YEARS OLD.— 18

(1) IN GENERAL.—Section 6(g)(1) of the Fair 19

Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) 20

is amended by striking ‘‘a wage which is not less 21

than $4.25 an hour.’’ and inserting the following: ‘‘a 22

wage at a rate that is not less than— 23

‘‘(A) for the 1-year period beginning on 24

the effective date under section 2101(e) of the 25

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American Rescue Plan Act of 2021, $6.00 an 1

hour; 2

‘‘(B) for each succeeding 1-year period 3

until the hourly wage under this paragraph 4

equals the wage in effect under section 6(a)(1) 5

for such period, an hourly wage equal to the 6

amount determined under this paragraph for 7

the preceding year, increased by the lesser of— 8

‘‘(i) $1.75; or 9

‘‘(ii) the amount necessary for the 10

wage in effect under this paragraph to 11

equal the wage in effect under section 12

6(a)(1) for such period, rounded up to the 13

nearest multiple of $0.05; and 14

‘‘(C) for each succeeding 1-year period 15

after all increases are made pursuant to sub-16

paragraph (B), the minimum wage in effect 17

under section 6(a)(1).’’. 18

(2) SCHEDULED REPEAL OF SEPARATE MIN-19

IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO 20

ARE LESS THAN 20 YEARS OLD.— 21

(A) IN GENERAL.—Section 6(g)(1) of the 22

Fair Labor Standards Act of 1938 (29 U.S.C. 23

206(g)(1)), as amended by paragraph (1), shall 24

be repealed. 25

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(B) EFFECTIVE DATE.—The repeal made 1

by subparagraph (A) shall take effect on the 2

date that is 1 day after the date on which the 3

hourly wage under subparagraph (C) of section 4

6(g)(1) of the Fair Labor Standards Act of 5

1938 (29 U.S.C. 206(g)(1)), as amended by 6

paragraph (1), takes effect. 7

(d) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 8

INDIVIDUALS WITH DISABILITIES.— 9

(1) PROHIBITION ON NEW SPECIAL CERTIFI-10

CATES.— 11

(A) IN GENERAL.—Section 14(c) of the 12

Fair Labor Standards Act of 1938 (29 U.S.C. 13

214(c)) is amended by adding at the end the 14

following: 15

‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI-16

CATES.—Notwithstanding paragraph (1), the Sec-17

retary shall not issue a special certificate under this 18

subsection to an employer that was not issued a spe-19

cial certificate under this subsection before the date 20

of enactment of the American Rescue Plan Act of 21

2021.’’. 22

(B) EFFECTIVE DATE.—The amendment 23

made by subparagraph (A) shall take effect on 24

the date of enactment of this Act. 25

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(2) TRANSITION TO FAIR WAGES FOR INDIVID-1

UALS WITH DISABILITIES.—Subparagraph (A) of 2

section 14(c)(1) of the Fair Labor Standards Act of 3

1938 (29 U.S.C. 214(c)(1)) is amended to read as 4

follows: 5

‘‘(A) at a rate that equals or exceeds, for 6

each year, the greater of— 7

‘‘(i)(I) $5.00 an hour, beginning on 8

the effective date under section 2101(e) of 9

the American Rescue Plan Act of 2021; 10

‘‘(II) $7.50 an hour, beginning 1 year 11


‘‘(III) $10.00 an hour, beginning 2 13

years after such effective date; 14

‘‘(IV) $12.50 an hour, beginning 3 15

years after such effective date; 16

‘‘(V) $15.00 an hour, beginning 4 17

years after such effective date; and 18

‘‘(VI) the wage rate in effect under 19

section 6(a)(1), beginning 5 years after 20

such effective date; or 21

‘‘(ii) if applicable, the wage rate in ef-22

fect on the day before the date of enact-23

ment of the American Rescue Plan Act of 24

2021 for the employment, under a special 25

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certificate issued under this paragraph, of 1

the individual for whom the wage rate is 2

being determined under this subpara-3

graph,’’. 4

(3) SUNSET.—Section 14(c) of the Fair Labor 5

Standards Act of 1938 (29 U.S.C. 214(c)) is further 6

amended by adding at the end the following: 7

‘‘(7) SUNSET.—Beginning on the day after the 8

date on which the wage rate described in paragraph 9

(1)(A)(i)(VI) takes effect, the authority to issue spe-10

cial certificates under paragraph (1) shall expire, 11

and no special certificates issued under paragraph 12

(1) shall have any legal effect.’’. 13

(e) GENERAL EFFECTIVE DATE.—Except as other-14

wise provided in this section, or the amendments made 15

by this section, this section and the amendments made by 16

this section shall take effect on the first day of the third 17

month that begins after the date of the enactment of this 18

Act. 19

SEC. 2102. FUNDING FOR DEPARTMENT OF LABOR WORKER 20

PROTECTION ACTIVITIES. 21


wise made available, out of any funds in the Treasury not 23

otherwise appropriated, there are appropriated to the Sec-24

retary of Labor for fiscal year 2021, $150,000,000, to re-25

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main available until September 30, 2023, for the Wage 1

and Hour Division, the Office of Workers’ Compensation 2

Programs, the Office of the Solicitor, the Mine Safety and 3

Health Administration, and the Occupational Safety and 4

Health Administration to carry out COVID–19 related 5

worker protection activities, and for the Office of Inspec-6

tor General for oversight of the Secretary’s activities to 7

prevent, prepare for, and respond to COVID–19. 8

(b) ALLOCATION OF AMOUNTS.—Amounts appro-9

priated under subsection (a) shall be allocated as follows: 10

(1) Not less than $75,000,000 shall be for the 11

Occupational Safety and Health Administration, of 12

which $10,000,000 shall be for Susan Harwood 13

training grants and not less than $5,000,000 shall 14

be for enforcement activities related to COVID–19 15

at high risk workplaces including health care, meat 16

and poultry processing facilities, agricultural work-17

places and correctional facilities. 18

(2) $12,500,000 shall be for the Office of In-19

spector General. 20

SEC. 2103. COMPENSATION PURSUANT TO THE LONGSHORE 21

AND HARBOR WORKERS’ COMPENSATION 22

ACT. 23

(a) CLAIMS RELATED TO COVID–19.— 24

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

covered employee who receives a diagnosis or is sub-2

ject to an order described in paragraph (2)(B) and 3

who provides notice of or files a claim under section 4

12 or 13 of the Longshore and Harbor Workers’ 5

Compensation Act (33 U.S.C. 912, 913), respec-6

tively, relating to such diagnosis or order shall be 7

conclusively presumed to have an injury arising out 8

of or in the course of employment for the purpose 9

of compensation under the Longshore and Harbor 10

Workers’ Compensation Act. 11

(2) COVERED EMPLOYEE.—In this section, the 12

term ‘‘covered employee’’ means an individual who, 13

at any time during the period beginning January 27, 14

2020, and ending on January 27, 2023— 15

(A) is an employee; and 16

(B) is— 17

(i) diagnosed with COVID–19; or 18

(ii) ordered not to return to work by 19

the employee’s employer or by a local, 20

State, or Federal agency because of expo-21

sure, or the risk of exposure, to 1 or more 22

individuals diagnosed with COVID–19 in 23

the workplace. 24

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(3) LIMITATION.—This section shall not apply 1

with respect to a covered employee who— 2

(A) provides notice or files a claim de-3

scribed in paragraph (1) on or before the date 4

of the enactment of this Act; and 5

(B) is determined to be entitled to the 6

compensation described in paragraph (1) or 7

awarded such compensation if such determina-8

tion or award is made on or before such date. 9

(4) DENIALS ON OR BEFORE THE DATE OF EN-10

ACTMENT.—Paragraph (1) shall apply with respect 11

to a covered employee who is determined not to be 12

entitled to, or who is not awarded, compensation de-13

scribed in paragraph (1) if such determination or de-14

cision not to award such compensation is made on 15

or before the date of enactment of this Act. 16

(5) EXCLUSION.— The Secretary shall not con-17

sider any compensation paid with respect to a notice 18

or claim described in subsection (a), including com-19

pensation for disability, death benefits, funeral and 20

burial expenses, and medical expenses, in calculating 21

the annual assessments under section 44(c)(2) of the 22

Longshore and Harbor Workers’ Compensation Act 23

(33 U.S.C. 944(c)(2)). 24

(b) REIMBURSEMENT.— 25

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(1) IN GENERAL.— 1

(A) ENTITLEMENT.—Subject to subpara-2

graph (B) and to the availability of appropria-3

tions and limitation on payments under sub-4

section (c), an employer of a covered employee 5

or the employer’s carrier shall be entitled to re-6

imbursement for any compensation paid with 7

respect to a notice or claim described in sub-8

section (a), including disability benefits, funeral 9

and burial expenses, medical or other related 10

costs for treatment and care, and reasonable 11

and necessary allocated claims expenses. 12

(B) SAFETY AND HEALTH REQUIRE-13

MENTS.—To be entitled to reimbursement 14

under subparagraph (A)— 15

(i) an employer shall be in compliance 16

with all applicable safety and health guide-17

lines and standards that are related to the 18

prevention of occupational exposure to the 19

novel coronavirus that causes COVID–19, 20

including such guidelines and standards 21

issued by the Occupational Safety and 22

Health Administration, State plans ap-23

proved under section 18 of the Occupa-24

tional Safety and Health Act of 1970 (29 25

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•HR 1319 EH

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

Occupational Safety and Health; and 2

(ii) a carrier— 3

(I) shall be a carrier for an em-4

ployer that is in compliance with 5

clause (i); and 6

(II) shall not adjust the experi-7

ence rating or the annual premium of 8

the employer based upon the com-9

pensation paid by the carrier with re-10

spect to a notice or claim described in 11

subparagraph (A). 12

(2) REIMBURSEMENT PROCEDURES.— 13

(A) IN GENERAL.—Subject to subsection 14

(c), to receive reimbursement under paragraph 15

(1)— 16

(i) a claim for such reimbursement 17

shall be submitted to the Secretary of 18

Labor— 19

(I) not earlier than— 20

(aa) the date on which a 21

compensation order (as described 22

in section 19(e) of the Longshore 23

and Harbor Workers’ Compensa-24

tion Act (33 U.S.C. 919(e))) is 25

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issued that fixes entitlement to 1

benefits; or 2

(bb) the date on which— 3

(AA) a payment is 4

made under such Act; 5

(BB) entitlement to 6

benefits is established under 7

such Act; and 8

(CC) the rate of com-9

pensation and period of pay-10

ment is relatively fixed and 11

known; and 12

(II) not later than one year after 13

the final payment of compensation to 14

a covered employee pursuant to this 15

section; and 16

(ii) an employer and the employer’s 17

carrier shall make, keep, and preserve such 18

records, make such reports, and provide 19

such information, as the Secretary of 20

Labor determines necessary or appropriate 21

to carry out this section. 22

(B) COMMUTATION OF COMPENSATION IN-23

STALLMENTS.—The Secretary may commute 24

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future compensation installments with respect 1

to a claim under this section. 2

(c) APPROPRIATIONS.— 3

(1) IN GENERAL.—A reimbursement under sub-4

section (b) shall be paid out of the Longshore 5

COVID–19 Fund established in section 45 of the 6


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

COVID–19 Fund’’). 9

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

available, there are authorized to be appropriated, 11

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

Treasury not otherwise appropriated, such sums as 13

may be necessary for the period beginning on the 14

date of enactment of this Act and ending on Sep-15

tember 30, 2030, to the Longshore COVID–19 16

Fund for each reimbursement paid out of such Fund 17

under subsection (b). 18

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

claim for benefits approved on the basis of sub-20

section (a), no payments may be made from the 21

Longshore COVID–19 Fund or the special fund es-22

tablished under section 44 of the Longshore and 23

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

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•HR 1319 EH

after September 30, 2030, for benefits, reimburse-1

ments, or other expenditures relating to such claim. 2

(4) FINAL ACTION.—The action of the Sec-3

retary in allowing or denying any reimbursement 4

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

all questions of law and fact. 6


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

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

the meanings given the terms in section 2 of the 10


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

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

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

coronavirus declared to be a pandemic by public 15

health authorities. 16

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

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

is amended by adding after section 44 the following: 19

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

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

United States Department of Labor the Longshore 22

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

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

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the Fund under section 2104(c)(2) of the American Res-1

cue Act of 2021. 2

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

available for the reimbursement of an employer or the em-4

ployer’s carrier for payment of compensation, death bene-5

fits, and other benefits and expenses paid under this Act 6

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

the American Rescue Act of 2021, subject to any limita-8

tions in such section.’’. 9

Subtitle C—Human Services and 10

Community Supports 11

SEC. 2201. SUPPORTING OLDER AMERICANS AND THEIR 12

FAMILIES. 13


wise available, there is appropriated for fiscal year 2021, 15


priated, $1,444,000,000, to remain available until ex-17

pended, to carry out the Older Americans Act of 1965. 18

(b) ALLOCATION OF AMOUNTS.—Amounts made 19

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

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

part C of title III of such Act. 22


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

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

(A) supportive services of the types made 3

available for fiscal year 2020; 4

(B) efforts related to COVID–19 vaccina-5

tion outreach, including education, communica-6

tion, transportation, and other activities to fa-7

cilitate vaccination of older individuals; and 8

(C) prevention and mitigation activities re-9

lated to COVID–19 focused on addressing ex-10

tended social isolation among older individuals, 11

including activities for investments in techno-12

logical equipment and solutions or other strate-13

gies aimed at alleviating negative health effects 14

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

recommendations for older individuals for the 16

duration of the COVID–19 public health emer-17

gency; 18


part D of title III of such Act. 20


part E of title III of such Act. 22


the long-term care ombudsman program under title 24

VII of such Act. 25

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SEC. 2202. CHILD CARE AND DEVELOPMENT BLOCK GRANT 1

PROGRAM. 2

(a) CHILD CARE AND DEVELOPMENT BLOCK GRANT 3

FUNDING.—In addition to amounts otherwise available, 4


amounts in the Treasury not otherwise appropriated, 6

$14,990,000,000, to remain available through September 7

30, 2021, to carry out the program authorized under sec-8

tion 658C of the Child Care and Development Block Grant 9

Act of 1990 (42 U.S.C. 9858a) without regard to require-10

ments in sections 658E(c)(3)(E) or 658G of such Act (42 11

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

territories, Indian Tribes, and Tribal organizations from 13

funds made available under this subsection shall be obli-14

gated in fiscal year 2021 or the succeeding 2 fiscal years. 15

States, territories, Indian Tribes, and Tribal organizations 16

are authorized to use such funds to provide child care as-17

sistance to health care sector employees, emergency re-18

sponders, sanitation workers, and other workers deemed 19

essential during the response to coronavirus by public offi-20

cials, without regard to the income eligibility requirements 21

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

Block Grant Act (42 U.S.C. 9858n(4)). 23

(b) CHILD CARE STABILIZATION FUNDING.—In ad-24

dition to amounts otherwise available, there is appro-25

priated for fiscal year 2021, out of any amounts in the 26

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remain available through September 30, 2021, for grants 2

under section 2203 of this subtitle. Such grants shall be 3

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

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

9858m), except that the requirements in subparagraphs 6

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

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

apply. 9

(c) ADMINISTRATIVE COSTS.—In addition to 10

amounts otherwise available, there is appropriated for fis-11

cal year 2021, out of any amounts in the Treasury not 12

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

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

technical assistance and conducting research and for the 15

administrative costs to carry out this section and section 16

2203 of this subtitle. 17

SEC. 2203. CHILD CARE STABILIZATION. 18

(a) DEFINITIONS.—In this section: 19

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

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

means the public health emergency declared by the 22

Secretary of Health and Human Services under sec-23

tion 319 of the Public Health Service Act (42 24

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

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COVID–19, including any renewal of the declara-1

tion. 2

(2) ELIGIBLE CHILD CARE PROVIDER.—The 3

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

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

Child Care and Development Block Grant Act of 6

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

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

territory, or Indian Tribe on the date of enactment 9

of this Act and meets applicable State and local 10

health and safety requirements. 11

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

carry out this section and under the authority of section 13

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

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

shall award to each lead agency a child care stabilization 16

grant, without regard to the requirements in subpara-17

graphs (C) and (E) of section 658E(c)(3), and in section 18

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

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

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

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

U.S.C. 9858m). 23

(c) STATE RESERVATIONS AND SUBGRANTS.— 24

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

that receives a child care stabilization grant pursu-2

ant to subsection (b) shall reserve not more than 10 3

percent of such grant funds to administer subgrants, 4

provide technical assistance and support for applying 5

for and accessing the subgrant opportunity, publicize 6

the availability of the subgrants, carry out activities 7

to increase the supply of child care, and provide 8

technical assistance to help child care providers im-9

plement policies as described in paragraph (2)(D)(i). 10

(2) SUBGRANTS TO QUALIFIED CHILD CARE 11

PROVIDERS.— 12

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

use the remainder of the grant funds awarded 14

pursuant to subsection (b) to make subgrants 15

to qualified child care providers described in 16

subparagraph (B), regardless of such a pro-17

vider’s previous receipt of other Federal assist-18

ance, to support the stability of the child care 19

sector during and after the COVID–19 public 20

health emergency. 21

(B) QUALIFIED CHILD CARE PROVIDER.— 22

To be qualified to receive a subgrant under this 23

paragraph, a provider shall be an eligible child 24

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care provider that on the date of submission of 1

an application for the subgrant, was either— 2

(i) open and available to provide child 3

care services; or 4

(ii) closed due to public health, finan-5

cial hardship, or other reasons relating to 6

the COVID–19 public health emergency. 7

(C) SUBGRANT AMOUNT.—The amount of 8

such a subgrant to a qualified child care pro-9

vider shall be based on the provider’s stated 10

current operating expenses, including costs as-11

sociated with providing or preparing to provide 12

child care services during the COVID–19 public 13

health emergency, and to the extent practicable, 14

cover sufficient operating expenses to ensure 15

continuous operations for the intended period of 16

the subgrant. 17

(D) APPLICATION.—The lead agency 18

shall— 19

(i) make available on the lead agen-20

cy’s website an application for qualified 21

child care providers that includes certifi-22

cations that, for the duration of the 23

subgrant— 24

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(I) the provider applying will, 1

when open and available to provide 2

child care services, implement policies 3

in line with guidance from the cor-4

responding State, Tribal, and local 5

authorities, and in accordance with 6

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

the greatest extent possible, imple-8

ment policies in line with guidance 9

from the Centers for Disease Control 10

and Prevention; 11

(II) for each employee, the pro-12

vider will pay not less than the full 13

compensation, including any benefits, 14

that was provided to the employee as 15

of the date of submission of the appli-16

cation for the subgrant (referred to in 17

this subclause as ‘‘full compensa-18

tion’’), and will not take any action 19

that reduces the weekly amount of the 20

employee’s compensation below the 21

weekly amount of full compensation, 22

or that reduces the employee’s rate of 23

compensation below the rate of full 24

compensation, including the involun-25

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tary furloughing of any employee em-1

ployed on the date of submission of 2

the application for the subgrant; and 3

(III) the provider will provide re-4

lief from copayments and tuition pay-5

ments for the families enrolled in the 6

provider’s program, to the extent pos-7

sible, and prioritize such relief for 8

families struggling to make either 9

type of payment; and 10

(ii) accept and process applications 11

submitted under this subparagraph on a 12

rolling basis, and provide subgrant funds 13

in advance of provider expenditures, except 14

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

(E) OBLIGATION.—The lead agency shall 16

notify the Secretary if it is unable to obligate 17

at least 50 percent of the funds received pursu-18

ant to subsection (b) that are available for sub-19

grants described in this paragraph within 9 20

months of the date of enactment of this Act. 21

(d) USES OF FUNDS.— 22

(1) IN GENERAL.—A qualified child care pro-23

vider that receives funds through such a subgrant 24

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

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(A) Personnel costs, including payroll and 1

salaries or similar compensation for an em-2

ployee (including any sole proprietor or inde-3

pendent contractor), employee benefits, pre-4

mium pay, or costs for employee recruitment 5

and retention. 6

(B) Rent (including rent under a lease 7

agreement) or payment on any mortgage obliga-8

tion, utilities, facility maintenance or improve-9

ments, or insurance. 10

(C) Personal protective equipment, clean-11

ing and sanitization supplies and services, or 12

training and professional development related to 13

health and safety practices. 14

(D) Purchases of or updates to equipment 15

and supplies to respond to the COVID–19 pub-16

lic health emergency. 17

(E) Goods and services necessary to main-18

tain or resume child care services. 19

(F) Mental health supports for children 20

and employees. 21

(2) REIMBURSEMENT.—The qualified child care 22

provider may use the subgrant funds to reimburse 23

the provider for sums obligated or expended before 24

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

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good or service described in paragraph (1) to re-1

spond to the COVID–19 public health emergency. 2

(e) SUPPLEMENT NOT SUPPLANT.—Amounts made 3

available to carry out this section shall be used to supple-4

ment and not supplant other Federal, State, and local 5

public funds expended to provide child care services for 6

eligible individuals. 7

SEC. 2204. HEAD START. 8


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

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

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

out the Head Start Act, including for Federal administra-13

tive expenses. After reserving funds for Federal adminis-14

trative expenses, the Secretary shall allocate all remaining 15

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

shall allocate to each Head Start agency an amount that 17

bears the same ratio to the portion available for allocations 18

as the number of enrolled children served by the Head 19

Start agency bears to the number of enrolled children 20

served by all Head Start agencies. 21

SEC. 2205. PROGRAMS FOR SURVIVORS. 22

(a) IN GENERAL.—Section 303 of the Family Vio-23

lence Prevention and Services Act (42 U.S.C. 10403) is 24


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

carrying out this title, in addition to amounts otherwise 2

made available for such purposes, there are appropriated, 3

out of any amounts in the Treasury not otherwise appro-4

priated, for fiscal year 2021, to remain available until ex-5

pended, each of the following: 6

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

through 312, to be allocated in the manner described 8

in subsection (a)(2), except that a reference in sub-9

section (a)(2) to an amount appropriated under sub-10

section (a)(1) shall be considered to be a reference 11

to an amount appropriated under this paragraph, 12

and that the matching requirement under section 13

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

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

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

which $1,000,000 for each fiscal year shall be allo-17

cated to support Indian communities.’’. 18

(b) COVID–19 PUBLIC HEALTH EMERGENCY DE-19

FINED.—In this section, the term ‘‘COVID–19 public 20

health emergency’’ means the public health emergency de-21

clared by the Secretary of Health and Human Services 22

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

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

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

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•HR 1319 EH

(c) GRANTS TO SUPPORT CULTURALLY SPECIFIC 1

POPULATIONS.— 2

(1) IN GENERAL.—In addition to amounts oth-3

erwise made available, there is appropriated, out of 4

any amounts in the Treasury not otherwise appro-5

priated, to the Secretary of Health and Human 6

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

available until expended, to carry out this subsection 8

(excluding Federal administrative costs, for which 9

funds are appropriated under subsection (e)). 10

(2) USE OF FUNDS.—From amounts appro-11

priated under paragraph (1), the Secretary acting 12

through the Director of the Family Violence Preven-13

tion and Services Program, shall— 14

(A) support culturally specific community- 15

based organizations to provide culturally spe-16

cific activities for survivors of sexual assault 17

and domestic violence, to address emergent 18

needs resulting from the COVID–19 public 19

health emergency and other public health con-20

cerns; and 21

(B) support culturally specific community- 22

based organizations that provide culturally spe-23

cific activities to promote strategic partnership 24

development and collaboration in responding to 25

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the impact of COVID–19 and other public 1

health concerns on survivors of sexual assault 2

and domestic violence. 3

(d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS-4

SAULT.— 5


erwise made available, there is appropriated, out of 7

any amounts in the Treasury not otherwise appro-8

priated, to the Secretary of Health and Human 9

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

available until expended, to carry out this subsection 11

(excluding Federal administrative costs, for which 12

funds are appropriated under subsection (e)). 13

(2) USE OF FUNDS.—From amounts appro-14

priated under paragraph (1), the Secretary acting 15

through the Director of the Family Violence Preven-16

tion and Services Program, shall assist rape crisis 17

centers in transitioning to virtual services and meet-18

ing the emergency needs of survivors. 19

(e) ADMINISTRATIVE COSTS.—In addition to 20

amounts otherwise made available, there is appropriated 21

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

any amounts in the Treasury not otherwise appropriated, 23

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

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•HR 1319 EH

expended, for the Federal administrative costs of carrying 1

out subsections (c) and (d). 2

SEC. 2206. CHILD ABUSE PREVENTION AND TREATMENT. 3


appropriated to the Secretary of Health and Human Serv-5

ices for fiscal year 2021, out of any money in the Treasury 6

not otherwise appropriated, the following amounts, to re-7

main available through September 30, 2023: 8

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

authorized under section 201 of the Child Abuse 10

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

which shall be allocated without regard to section 12

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

be allotted to States in accordance with section 203 14

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

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

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

percent’’; and 18

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

section 203 shall not apply; and 20

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

grant program authorized under section 106 of the 22

Child Abuse Prevention and Treatment Act (42 23

U.S.C. 5106a), which shall be allocated without re-24

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

5106h(a)(2)). 2

SEC. 2207. CORPORATION FOR NATIONAL AND COMMUNITY 3

SERVICE AND THE NATIONAL SERVICE 4

TRUST. 5

(a) CORPORATION FOR NATIONAL AND COMMUNITY 6

SERVICE.—In addition to amounts otherwise made avail-7

able, there is appropriated for fiscal year 2021, out of any 8

money in the Treasury not otherwise appropriated, to the 9

Corporation for National and Community Service, 10

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

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

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

September 30, 2026. 14

(b) ALLOCATION OF AMOUNTS.—Amounts provided 15

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

(1) AMERICORPS STATE AND NATIONAL.— 17

$620,000,000 shall be used— 18

(A) to increase the living allowances of 19

participants in national service programs; and 20

(B) to make funding adjustments to exist-21

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

awards and award new and additional awards 23

to entities to support programs described in 24

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

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

of section 122 of the National and Community 2

Service Act of 1990 (42 U.S.C. 12572), wheth-3

er or not the entities are already grant recipi-4

ents under such provisions on the date of enact-5

ment of this Act, and notwithstanding section 6

122(a)(1)(B)(vi) of the National and Commu-7

nity Service Act of 1990 (42 U.S.C. 8

12572(a)(1)(B)(vi)), by— 9

(i) prioritizing entities serving com-10

munities disproportionately impacted by 11

COVID–19 and utilizing culturally com-12

petent and multilingual strategies in the 13

provision of services; and 14

(ii) taking into account the diversity 15

of communities and participants served by 16

such entities, including racial, ethnic, so-17

cioeconomic, linguistic, or geographic diver-18

sity. 19

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

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

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

additional awards, including awards to State Com-23

missions on National and Community Service, under 24

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•HR 1319 EH

section 126(a) of the National and Community Serv-1

ice Act of 1990 (42 U.S.C. 12576(a)). 2

(3) VOLUNTEER GENERATION FUND.— 3

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

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

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

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

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

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

the Corporation for National and Community Serv-10

ice on a competitive basis. 11

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

used for the purposes described in section 101 of the 13

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

4951), including to increase the living allowances of 15

volunteers, described in section 105(b) of the Do-16

mestic Volunteer Service Act of 1973 (42 U.S.C. 17

4955(b)). 18

(5) NATIONAL SENIOR SERVICE CORPS.— 19

$30,000,000 shall be used for the purposes de-20

scribed in section 200 of the Domestic Volunteer 21

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

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

shall be used for the Corporation for National and 24

Community Service for administrative expenses to 25

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•HR 1319 EH

carry out programs and activities funded by sub-1

section (a). 2

(7) OFFICE OF INSPECTOR GENERAL.— 3

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

General of the Corporation for National and Com-5

munity Service for salaries and expenses necessary 6

for oversight and audit of programs and activities 7

funded by subsection (a). 8

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


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

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

available until expended, for administration of the Na-13

tional Service Trust, and for payment to the Trust for 14

the provision of educational awards pursuant to section 15

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

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

Subtitle D—Child Nutrition & 18

Related Programs 19

SEC. 2301. IMPROVEMENTS TO WIC BENEFITS. 20


(1) APPLICABLE PERIOD.—The term ‘‘applica-22

ble period’’ means a period— 23

(A) beginning after the date of enactment 24

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

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•HR 1319 EH

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

(i) 4 months after the date described 2

in subparagraph (A); or 3

(ii) September 30, 2021. 4

(2) CASH-VALUE VOUCHER.—The term ‘‘cash- 5

value voucher’’ has the meaning given the term in 6

section 246.2 of title 7, Code of Federal Regulations 7

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

Act). 9

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

the special supplemental nutrition program for 11

women, infants, and children established by section 12

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

1786). 14

(4) QUALIFIED FOOD PACKAGE.—The term 15

‘‘qualified food package’’ means each of the fol-16

lowing food packages (as defined in section 17

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

in effect on the date of the enactment of this Act)): 19

(A) Food Package IV–Children 1 through 20

4 years. 21

(B) Food Package V–Pregnant and par-22

tially (mostly) breastfeeding women. 23

(C) Food Package VI–Postpartum women. 24

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•HR 1319 EH

(D) Food Package VII–Fully 1

breastfeeding. 2



(6) STATE AGENCY.—The term ‘‘State agency’’ 5

has the meaning given the term in section 17(b) of 6

the Child Nutrition Act of 1966 (42 U.S.C. 7

1786(b)). 8

(b) AUTHORITY TO INCREASE AMOUNT OF CASH- 9

VALUE VOUCHER.—During the public health emergency 10

declared by the Secretary of Health and Human Services 11

under section 319 of the Public Health Service Act (42 12

U.S.C. 247d) on January 31, 2020, with respect to the 13

Coronavirus Disease 2019 (COVID–19), and in response 14

to challenges relating to that public health emergency, the 15

Secretary may, in carrying out the program, increase the 16

amount of a cash-value voucher under a qualified food 17

package to an amount that is less than or equal to $35. 18

(c) APPLICATION OF INCREASED AMOUNT OF CASH- 19

VALUE VOUCHER TO STATE AGENCIES.— 20

(1) NOTIFICATION.—An increase to the amount 21

of a cash-value voucher under subsection (b) shall 22

apply to any State agency that notifies the Secretary 23

of— 24

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•HR 1319 EH

(A) the intent to use that increased 1

amount, without further application; and 2

(B) the applicable period selected by the 3

State agency during which that increased 4

amount shall apply. 5

(2) USE OF INCREASED AMOUNT.—A State 6

agency that makes a notification to the Secretary 7

under paragraph (1) shall use the increased amount 8

described in that paragraph— 9

(A) during the applicable period described 10

in that notification; and 11

(B) only during a single applicable period. 12

(d) SUNSET.—The authority of the Secretary under 13

subsection (b), and the authority of a State agency to in-14

crease the amount of a cash-value voucher under sub-15

section (c), shall terminate on September 30, 2021. 16

(e) FUNDING.—In addition to amounts otherwise 17

made available, there is appropriated to the Secretary, out 18

of funds in the Treasury not otherwise appropriated, 19

$490,000,000 to carry out this section, to remain available 20

until September 30, 2022. 21

SEC. 2302. WIC PROGRAM MODERNIZATION. 22

In addition to amounts otherwise available, there are 23

appropriated to the Secretary of Agriculture, out of 24


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•HR 1319 EH

$390,000,000 for fiscal year 2021, to remain available 1

until September 30, 2024, to carry out outreach, innova-2

tion, and program modernization efforts, including appro-3

priate waivers and flexibility, to increase participation in 4

and redemption of benefits under programs established 5

under section 17 of the Child Nutrition Act of 1966 (7 6

U.S.C. 1431), except that such waivers may not relate to 7

the content of the WIC Food Packages (as defined in sec-8

tion 246.10(e) of title 7, Code of Federal Regulations (as 9

in effect on the date of enactment of this Act)), or the 10

nondiscrimination requirements under section 246.8 of 11

title 7, Code of Federal Regulations (as in effect on the 12

date of enactment of this Act). 13

SEC. 2303. MEALS AND SUPPLEMENTS REIMBURSEMENTS 14

FOR INDIVIDUALS WHO HAVE NOT ATTAINED 15

THE AGE OF 25. 16

(a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.— 17

Beginning on the date of enactment of this section, not-18

withstanding paragraph (1)(A) of section 17(r) of the 19

Richard B. Russell National School Lunch Act (42 U.S.C. 20

1766(r)), during the COVID–19 public health emergency 21

declared under section 319 of the Public Health Service 22

Act (42 U.S.C. 247d), the Secretary shall reimburse insti-23

tutions that are emergency shelters under such section 24

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•HR 1319 EH

17(r) (42 U.S.C. 1766(r)) for meals and supplements 1

served to individuals who, at the time of such service— 2

(1) have not attained the age of 25; and 3

(2) are receiving assistance, including non-resi-4

dential assistance, from such emergency shelter. 5

(b) PARTICIPATION BY EMERGENCY SHELTERS.— 6

Beginning on the date of enactment of this section, not-7

withstanding paragraph (5)(A) of section 17(t) of the 8

Richard B. Russell National School Lunch Act (42 U.S.C. 9

1766(t)), during the COVID–19 public health emergency 10

declared under section 319 of the Public Health Service 11

Act (42 U.S.C. 247d), the Secretary shall reimburse emer-12

gency shelters under such section 17(t) (42 U.S.C. 13

1766(t)) for meals and supplements served to individuals 14

who, at the time of such service have not attained the age 15

of 25. 16

(c) DEFINITIONS.—In this section: 17

(1) EMERGENCY SHELTER.—The term ‘‘emer-18

gency shelter’’ has the meaning given the term 19

under section 17(t)(1) of the Richard B. Russell Na-20

tional School Lunch Act (42 U.S.C. 1766(t)(1)). 21



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SEC. 2304. PANDEMIC EBT PROGRAM. 1

Section 1101 of the Families First Coronavirus Re-2

sponse Act (7 U.S.C. 2011 note; Public Law 116–127) 3

is amended— 4

(1) in subsection (a)— 5

(A) by striking ‘‘During fiscal years 2020 6

and 2021’’ and inserting ‘‘In any school year in 7

which there is a public health emergency des-8

ignation’’; and 9

(B) by inserting ‘‘or in a covered summer 10

period following a school session’’ after ‘‘in ses-11

sion’’; 12

(2) in subsection (g), by striking ‘‘During fiscal 13

year 2020, the’’ and inserting ‘‘The’’; 14

(3) in subsection (h)(1)— 15

(A) by inserting ‘‘either’’ after ‘‘at least 1 16

child enrolled in such a covered child care facil-17

ity and’’; and 18

(B) by inserting ‘‘or a Department of Agri-19

culture grant-funded nutrition assistance pro-20

gram in the Commonwealth of the Northern 21

Mariana Islands, Puerto Rico, or American 22

Samoa’’ before ‘‘shall be eligible to receive as-23

sistance’’; 24

(4) by redesignating subsections (i) and (j) as 25

subsections (j) and (k), respectively; 26

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(5) by inserting after subsection (h) the fol-1

lowing: 2

‘‘(i) EMERGENCIES DURING SUMMER.—The Sec-3

retary of Agriculture may permit a State agency to extend 4

a State agency plan approved under subsection (b) for not 5

more than 90 days for the purpose of operating the plan 6

during a covered summer period, during which time 7

schools participating in the school lunch program under 8

the Richard B. Russell National School Lunch Act or the 9

school breakfast program under section 4 of the Child Nu-10

trition Act of 1966 (42 U.S.C. 1773) and covered child 11

care facilities shall be deemed closed for purposes of this 12

section.’’; 13

(6) in subsection (j) (as so redesignated)— 14

(A) by redesignating paragraphs (2) 15

through (6) as paragraphs (3) through (7), re-16

spectively; 17

(B) by inserting after paragraph (1) the 18

following: 19

‘‘(2) COVERED SUMMER PERIOD.—The term 20

‘covered summer period’ means a summer period 21

that follows a school year during which there was a 22

public health emergency designation.’’; and 23

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•HR 1319 EH

(C) in paragraph (5) (as so redesignated), 1

by striking ‘‘or another coronavirus with pan-2

demic potential’’; and 3

(7) in subsection (k) (as so redesignated), by 4

inserting ‘‘Federal agencies,’’ before ‘‘State agen-5

cies’’. 6

Subtitle E—COBRA Continuation 7

Coverage 8

SEC. 2401. PRESERVING HEALTH BENEFITS FOR WORKERS. 9

(a) PREMIUM ASSISTANCE FOR COBRA CONTINU-10

ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI-11

LIES.— 12

(1) PROVISION OF PREMIUM ASSISTANCE.— 13

(A) REDUCTION OF PREMIUMS PAY-14

ABLE.—In the case of any premium for a pe-15

riod of coverage during the period beginning on 16

the first day of the first month beginning after 17

the date of the enactment of this Act, and end-18

ing on September 30, 2021, for COBRA con-19

tinuation coverage with respect to any assist-20

ance eligible individual described in paragraph 21

(3), such individual shall be treated for pur-22

poses of any COBRA continuation provision as 23

having paid the amount of such premium if 24

such individual pays (or any person other than 25

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such individual’s employer pays on behalf of 1

such individual) 15 percent of the amount of 2

such premium. 3

(B) PLAN ENROLLMENT OPTION.— 4

(i) IN GENERAL.—Notwithstanding 5

the COBRA continuation provisions, any 6

assistance eligible individual who is en-7

rolled in a group health plan offered by a 8

plan sponsor may, not later than 90 days 9

after the date of notice of the plan enroll-10

ment option described in this subpara-11

graph, elect to enroll in coverage under a 12

plan offered by such plan sponsor that is 13

different than coverage under the plan in 14

which such individual was enrolled at the 15

time, in the case of any assistance eligible 16

individual described in paragraph (3), the 17

qualifying event specified in section 603(2) 18

of the Employee Retirement Income Secu-19

rity Act of 1974, section 4980B(f)(3)(B) 20

of the Internal Revenue Code of 1986, or 21

section 2203(2) of the Public Health Serv-22

ice Act, except for the voluntary termi-23

nation of such individual’s employment by 24

such individual, occurred, and such cov-25

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erage shall be treated as COBRA continu-1

ation coverage for purposes of the applica-2

ble COBRA continuation coverage provi-3

sion. 4

(ii) REQUIREMENTS.—Any assistance 5

eligible individual may elect to enroll in 6

different coverage as described in clause (i) 7

only if— 8

(I) the employer involved has 9

made a determination that such em-10

ployer will permit such assistance eli-11

gible individual to enroll in different 12

coverage as provided under this sub-13

paragraph; 14

(II) the premium for such dif-15

ferent coverage does not exceed the 16

premium for coverage in which such 17

individual was enrolled at the time 18

such qualifying event occurred; 19

(III) the different coverage in 20

which the individual elects to enroll is 21

coverage that is also offered to simi-22

larly situated active employees of the 23

employer at the time at which such 24

election is made; and 25

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(IV) the different coverage in 1


not— 3

(aa) coverage that provides 4

only excepted benefits as defined 5

in section 9832(c) of the Internal 6

Revenue Code of 1986, section 7

733(c) of the Employee Retire-8

ment Income Security Act of 9

1974, and section 2791(c) of the 10

Public Health Service Act; 11

(bb) a qualified small em-12

ployer health reimbursement ar-13

rangement (as defined in section 14

9831(d)(2) of the Internal Rev-15

enue Code of 1986); or 16

(cc) a flexible spending ar-17


106(c)(2) of the Internal Rev-19

enue Code of 1986). 20

(2) LIMITATION OF PERIOD OF PREMIUM AS-21

SISTANCE.— 22

(A) ELIGIBILITY FOR ADDITIONAL COV-23

ERAGE.—Paragraph (1)(A) shall not apply with 24

respect to any assistance eligible individual de-25

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scribed in paragraph (3) for months of coverage 1

beginning on or after the earlier of— 2

(i) the first date that such individual 3

is eligible for coverage under any other 4

group health plan (other than coverage 5

consisting of only excepted benefits (as de-6

fined in section 9832(c) of the Internal 7

Revenue Code of 1986, section 733(c) of 8

the Employee Retirement Income Security 9

Act of 1974, and section 2791(c) of the 10

Public Health Service Act), coverage under 11

a flexible spending arrangement (as de-12

fined in section 106(c)(2) of the Internal 13

Revenue Code of 1986), coverage under a 14

qualified small employer health reimburse-15

ment arrangement (as defined in section 16

9831(d)(2) of the Internal Revenue Code 17

of 1986)), or eligible for benefits under the 18

Medicare program under title XVIII of the 19

Social Security Act; or 20

(ii) the earlier of— 21

(I) the date following the expira-22

tion of the maximum period of con-23

tinuation coverage required under the 24

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applicable COBRA continuation cov-1

erage provision; or 2

(II) the date following the expira-3

tion of the period of continuation cov-4

erage allowed under paragraph 5

(4)(B)(ii). 6

(B) NOTIFICATION REQUIREMENT.—Any 7

assistance eligible individual shall notify the 8

group health plan with respect to which para-9

graph (1)(A) applies if such paragraph ceases 10

to apply by reason of clause (i) of subparagraph 11

(A). Such notice shall be provided to the group 12

health plan in such time and manner as may be 13

specified by the Secretary of Labor. 14

(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 15

purposes of this section, the term ‘‘assistance eligible 16

individual’’ means, with respect to a period of cov-17

erage during the period beginning on the first day 18

of the first month beginning after the date of the en-19

actment of this Act, and ending on September 30, 20

2021, any individual that is a qualified beneficiary 21

who— 22

(A) is eligible for COBRA continuation 23

coverage by reason of a qualifying event speci-24

fied in section 603(2) of the Employee Retire-25

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ment Income Security Act of 1974, section 1

4980B(f)(3)(B) of the Internal Revenue Code 2

of 1986, or section 2203(2) of the Public 3

Health Service Act, except for the voluntary 4

termination of such individual’s employment by 5

such individual; and 6

(B) elects such coverage. 7

(4) EXTENSION OF ELECTION PERIOD AND EF-8

FECT ON COVERAGE.— 9

(A) IN GENERAL.—For purposes of apply-10

ing section 605(a) of the Employee Retirement 11

Income Security Act of 1974, section 12

4980B(f)(5)(A) of the Internal Revenue Code 13

of 1986, and section 2205(a) of the Public 14

Health Service Act, in the case of— 15

(i) an individual who does not have an 16

election of COBRA continuation coverage 17

in effect on the first day of the first month 18

beginning after the date of the enactment 19

of this Act but who would be an assistance 20

eligible individual described in paragraph 21

(3) if such election were so in effect; or 22

(ii) an individual who elected COBRA 23

continuation coverage and discontinued 24

from such coverage before the first day of 25

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the first month beginning after the date of 1

the enactment of this Act, 2

such individual may elect the COBRA continu-3

ation coverage under the COBRA continuation 4

coverage provisions containing such provisions 5

during the period beginning on the first day of 6

the first month beginning after the date of the 7

enactment of this Act and ending 60 days after 8

the date on which the notification required 9

under paragraph (6)(C) is provided to such in-10

dividual. 11

(B) COMMENCEMENT OF COBRA CONTINU-12

ATION COVERAGE.—Any COBRA continuation 13

coverage elected by a qualified beneficiary dur-14

ing an extended election period under subpara-15

graph (A)— 16

(i) shall commence (including for pur-17

poses of applying the treatment of pre-18

mium payments under paragraph (1)(A) 19

and any cost-sharing requirements for 20

items and services under a group health 21

plan) with the first period of coverage be-22

ginning on or after the first day of the 23

first month beginning after the date of the 24

enactment of this Act, and 25

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(ii) shall not extend beyond the period 1

of COBRA continuation coverage that 2

would have been required under the appli-3

cable COBRA continuation coverage provi-4

sion if the coverage had been elected as re-5

quired under such provision. 6

(5) NOTICES TO INDIVIDUALS.— 7

(A) GENERAL NOTICE.— 8

(i) IN GENERAL.—In the case of no-9

tices provided under section 606(a)(4) of 10


Act of 1974 (29 U.S.C. 1166(4)), section 12

4980B(f)(6)(D) of the Internal Revenue 13

Code of 1986, or section 2206(4) of the 14

Public Health Service Act (42 U.S.C. 15

300bb–6(4)), with respect to individuals 16

who, during the period described in para-17

graph (3), become entitled to elect COBRA 18

continuation coverage, the requirements of 19

such provisions shall not be treated as met 20

unless such notices include an additional 21

written notification to the recipient in clear 22

and understandable language of— 23

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(I) the availability of premium 1

assistance with respect to such cov-2

erage under this subsection; and 3

(II) the option to enroll in dif-4

ferent coverage if the employer per-5

mits assistance eligible individuals de-6

scribed in paragraph (3) to elect en-7

rollment in different coverage (as de-8

scribed in paragraph (1)(B)). 9

(ii) ALTERNATIVE NOTICE.—In the 10

case of COBRA continuation coverage to 11

which the notice provision under such sec-12

tions does not apply, the Secretary of 13

Labor, in consultation with the Secretary 14

of the Treasury and the Secretary of 15

Health and Human Services, shall, in con-16

sultation with administrators of the group 17

health plans (or other entities) that provide 18

or administer the COBRA continuation 19

coverage involved, provide rules requiring 20

the provision of such notice. 21

(iii) FORM.—The requirement of the 22

additional notification under this subpara-23

graph may be met by amendment of exist-24

ing notice forms or by inclusion of a sepa-25

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•HR 1319 EH

rate document with the notice otherwise 1

required. 2

(B) SPECIFIC REQUIREMENTS.—Each ad-3

ditional notification under subparagraph (A) 4

shall include— 5

(i) the forms necessary for estab-6

lishing eligibility for premium assistance 7

under this subsection; 8

(ii) the name, address, and telephone 9

number necessary to contact the plan ad-10

ministrator and any other person main-11

taining relevant information in connection 12

with such premium assistance; 13

(iii) a description of the extended elec-14

tion period provided for in paragraph 15

(4)(A); 16

(iv) a description of the obligation of 17

the qualified beneficiary under paragraph 18

(2)(B) and the penalty provided under sec-19

tion 6720C of the Internal Revenue Code 20

of 1986 for failure to carry out the obliga-21

tion; 22

(v) a description, displayed in a 23

prominent manner, of the qualified bene-24

ficiary’s right to a reduced premium and 25

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•HR 1319 EH

any conditions on entitlement to the re-1

duced premium; and 2

(vi) a description of the option of the 3

qualified beneficiary to enroll in different 4

coverage if the employer permits such ben-5

eficiary to elect to enroll in such different 6

coverage under paragraph (1)(B). 7

(C) NOTICE IN CONNECTION WITH EX-8

TENDED ELECTION PERIODS.—In the case of 9

any assistance eligible individual described in 10

paragraph (3) (or any individual described in 11

paragraph (4)(A)) who became entitled to elect 12

COBRA continuation coverage before the first 13

day of the first month beginning after the date 14

of the enactment of this Act, the administrator 15

of the applicable group health plan (or other 16

entity) shall provide (within 60 days after such 17

first day of such first month) for the additional 18

notification required to be provided under sub-19

paragraph (A) and failure to provide such no-20

tice shall be treated as a failure to meet the no-21

tice requirements under the applicable COBRA 22

continuation provision. 23

(D) MODEL NOTICES.—Not later than 30 24

days after the date of enactment of this Act, 25

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•HR 1319 EH

with respect to any assistance eligible individual 1

described in paragraph (3), the Secretary of 2

Labor, in consultation with the Secretary of the 3

Treasury and the Secretary of Health and 4

Human Services, shall prescribe models for the 5

additional notification required under this para-6

graph. 7

(6) NOTICE OF EXPIRATION OF PERIOD OF 8

PREMIUM ASSISTANCE.— 9

(A) IN GENERAL.—With respect to any as-10

sistance eligible individual, subject to subpara-11

graph (B), the requirements of section 12

606(a)(4) of the Employee Retirement Income 13

Security Act of 1974 (29 U.S.C. 1166(4)), sec-14

tion 4980B(f)(6)(D) of the Internal Revenue 15

Code of 1986, or section 2206(4) of the Public 16

Health Service Act (42 U.S.C. 300bb–6(4)), 17

shall not be treated as met unless the plan ad-18

ministrator of the individual, during the period 19

specified under subparagraph (C), provides to 20

such individual a written notice in clear and un-21

derstandable language— 22

(i) that the premium assistance for 23

such individual will expire soon and the 24

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•HR 1319 EH

prominent identification of the date of 1

such expiration; and 2

(ii) that such individual may be eligi-3

ble for coverage without any premium as-4

sistance through— 5

(I) COBRA continuation cov-6

erage; or 7

(II) coverage under a group 8

health plan. 9

(B) EXCEPTION.—The requirement for the 10

group health plan administrator to provide the 11

written notice under subparagraph (A) shall be 12

waived if the premium assistance for such indi-13

vidual expires pursuant to clause (i) of para-14

graph (2)(A). 15

(C) PERIOD SPECIFIED.—For purposes of 16

subparagraph (A), the period specified in this 17

subparagraph is, with respect to the date of ex-18

piration of premium assistance for any assist-19

ance eligible individual pursuant to a limitation 20

requiring a notice under this paragraph, the pe-21

riod beginning on the day that is 45 days before 22

the date of such expiration and ending on the 23

day that is 15 days before the date of such ex-24

piration. 25

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•HR 1319 EH



with respect to any assistance eligible indi-3

vidual, the Secretary of Labor, in consultation 4

with the Secretary of the Treasury and the Sec-5

retary of Health and Human Services, shall 6

prescribe models for the notification required 7

under this paragraph. 8

(7) REGULATIONS.—The Secretary of the 9

Treasury and the Secretary of Labor may jointly 10

prescribe such regulations or other guidance as may 11

be necessary or appropriate to carry out the provi-12

sions of this subsection, including the prevention of 13

fraud and abuse under this subsection, except that 14

the Secretary of Labor and the Secretary of Health 15

and Human Services may prescribe such regulations 16

(including interim final regulations) or other guid-17

ance as may be necessary or appropriate to carry 18

out the provisions of paragraphs (5), (6), and (8). 19

(8) OUTREACH.— 20

(A) IN GENERAL.—The Secretary of 21



Human Services, shall provide outreach con-24

sisting of public education and enrollment as-25

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•HR 1319 EH

sistance relating to premium assistance pro-1

vided under this subsection. Such outreach shall 2

target employers, group health plan administra-3

tors, public assistance programs, States, insur-4

ers, and other entities as determined appro-5

priate by such Secretaries. Such outreach shall 6

include an initial focus on those individuals 7

electing continuation coverage who are referred 8

to in paragraph (5)(C). Information on such 9

premium assistance, including enrollment, shall 10

also be made available on websites of the De-11

partments of Labor, Treasury, and Health and 12

Human Services. 13

(B) ENROLLMENT UNDER MEDICARE.— 14

The Secretary of Health and Human Services 15

shall provide outreach consisting of public edu-16

cation. Such outreach shall target individuals 17

who lose health insurance coverage. Such out-18

reach shall include information regarding en-19

rollment for Medicare benefits for purposes of 20

preventing mistaken delays of such enrollment 21

by such individuals, including lifetime penalties 22

for failure of timely enrollment. 23

(9) DEFINITIONS.—For purposes of this sec-24

tion: 25

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•HR 1319 EH

(A) ADMINISTRATOR.—The term ‘‘admin-1

istrator’’ has the meaning given such term in 2

section 3(16)(A) of the Employee Retirement 3

Income Security Act of 1974. 4

(B) COBRA CONTINUATION COVERAGE.— 5

The term ‘‘COBRA continuation coverage’’ 6

means continuation coverage provided pursuant 7

to part 6 of subtitle B of title I of the Em-8

ployee Retirement Income Security Act of 1974 9

(other than under section 609), title XXII of 10

the Public Health Service Act, or section 11

4980B of the Internal Revenue Code of 1986 12

(other than subsection (f)(1) of such section in-13

sofar as it relates to pediatric vaccines), or 14

under a State program that provides com-15

parable continuation coverage. Such term does 16

not include coverage under a health flexible 17

spending arrangement under a cafeteria plan 18

within the meaning of section 125 of the Inter-19

nal Revenue Code of 1986. 20

(C) COBRA CONTINUATION PROVISION.— 21

The term ‘‘COBRA continuation provision’’ 22

means the provisions of law described in sub-23

paragraph (B). 24

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•HR 1319 EH

(D) COVERED EMPLOYEE.—The term 1

‘‘covered employee’’ has the meaning given such 2

term in section 607(2) of the Employee Retire-3

ment Income Security Act of 1974. 4

(E) QUALIFIED BENEFICIARY.—The term 5

‘‘qualified beneficiary’’ has the meaning given 6

such term in section 607(3) of the Employee 7

Retirement Income Security Act of 1974. 8

(F) GROUP HEALTH PLAN.—The term 9

‘‘group health plan’’ has the meaning given 10



(G) STATE.—The term ‘‘State’’ includes 13

the District of Columbia, the Commonwealth of 14

Puerto Rico, the Virgin Islands, Guam, Amer-15

ican Samoa, and the Commonwealth of the 16

Northern Mariana Islands. 17

(H) PERIOD OF COVERAGE.—Any ref-18

erence in this subsection to a period of coverage 19

shall be treated as a reference to a monthly or 20

shorter period of coverage with respect to which 21

premiums are charged with respect to such cov-22

erage. 23

(I) PLAN SPONSOR.—The term ‘‘plan 24

sponsor’’ has the meaning given such term in 25

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•HR 1319 EH

section 3(16)(B) of the Employee Retirement 1


(J) PREMIUM.—The term ‘‘premium’’ in-3

cludes, with respect to COBRA continuation 4

coverage, any administrative fee. 5

(10) IMPLEMENTATION FUNDING.—In addition 6

to amounts otherwise made available, out of any 7

funds in the Treasury not otherwise appropriated, 8

there are appropriated to the Secretary of Labor for 9

fiscal year 2021, $10,000,000, to remain available 10

until expended, for the Employee Benefits Security 11

Administration to carry out the provisions of this 12

subtitle. 13

(b) COBRA PREMIUM ASSISTANCE.— 14

(1) ALLOWANCE OF CREDIT.— 15

(A) IN GENERAL.—Subchapter B of chap-16

ter 65 of the Internal Revenue Code of 1986 is 17

amended by adding at the end the following 18

new section: 19

‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-20

ANCE. 21

‘‘(a) IN GENERAL.—The person to whom premiums 22

are payable for continuation coverage under section 23

2401(a)(1) of the American Rescue Plan Act of 2021 shall 24

be allowed as a credit against the tax imposed by section 25

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•HR 1319 EH

3111(b), or so much of the taxes imposed under section 1

3221(a) as are attributable to the rate in effect under sec-2

tion 3111(b), for each calendar quarter an amount equal 3

to the premiums not paid by assistance eligible individuals 4

for such coverage by reason of such section 2401(a)(1) 5

with respect to such calendar quarter. 6

‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 7

For purposes of subsection (a), except as otherwise pro-8

vided by the Secretary, the person to whom premiums are 9

payable under such continuation coverage shall be treated 10

as being— 11

‘‘(1) in the case of any group health plan which 12

is a multiemployer plan (as defined in section 3(37) 13

of the Employee Retirement Income Security Act of 14

1974), the plan, 15

‘‘(2) in the case of any group health plan not 16

described in paragraph (1)— 17

‘‘(A) which is subject to the COBRA con-18

tinuation provisions contained in— 19

‘‘(i) the Internal Revenue Code of 20

1986, 21

‘‘(ii) the Employee Retirement Income 22

Security Act of 1974, or 23

‘‘(iii) the Public Health Service Act, 24

or 25

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•HR 1319 EH

‘‘(B) under which some or all of the cov-1

erage is not provided by insurance, 2

the employer maintaining the plan, and 3


described in paragraph (1) or (2), the insurer pro-5

viding the coverage under the group health plan. 6

‘‘(c) LIMITATIONS AND REFUNDABILITY.— 7

‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-8

MENT TAXES.—The credit allowed by subsection (a) 9

with respect to any calendar quarter shall not exceed 10

the tax imposed by section 3111(b), or so much of 11

the taxes imposed under section 3221(a) as are at-12

tributable to the rate in effect under section 13

3111(b), for such calendar quarter (reduced by any 14

credits allowed against such taxes under sections 15

3131, 3132, and 3134) on the wages paid with re-16

spect to the employment of all employees of the em-17

ployer. 18

‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 19

‘‘(A) CREDIT IS REFUNDABLE.—If the 20

amount of the credit under subsection (a) ex-21

ceeds the limitation of paragraph (1) for any 22

calendar quarter, such excess shall be treated 23

as an overpayment that shall be refunded under 24

sections 6402(a) and 6413(b). 25

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•HR 1319 EH

‘‘(B) CREDIT MAY BE ADVANCED.—In an-1

ticipation of the credit, including the refundable 2

portion under subparagraph (A), the credit may 3

be advanced, according to forms and instruc-4

tions provided by the Secretary, up to an 5

amount calculated under subsection (a) through 6

the end of the most recent payroll period in the 7

quarter. 8

‘‘(C) TREATMENT OF DEPOSITS.—The 9

Secretary shall waive any penalty under section 10

6656 for any failure to make a deposit of the 11

tax imposed by section 3111(b), or so much of 12

the taxes imposed under section 3221(a) as are 13

attributable to the rate in effect under section 14

3111(b), if the Secretary determines that such 15

failure was due to the anticipation of the credit 16

allowed under this section. 17

‘‘(D) TREATMENT OF PAYMENTS.—For 18

purposes of section 1324 of title 31, United 19

States Code, any amounts due to an employer 20

under this paragraph shall be treated in the 21

same manner as a refund due from a credit 22

provision referred to in subsection (b)(2) of 23

such section. 24

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•HR 1319 EH

‘‘(3) OVERSTATEMENTS.—Any overstatement of 1

the credit to which a person is entitled under this 2

section (and any amount paid by the Secretary as a 3

result of such overstatement) shall be treated as an 4

underpayment by such person of the taxes described 5

in paragraph (1) and may be assessed and collected 6

by the Secretary in the same manner as such taxes. 7

‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 8

this section, the term ‘person’ includes the government of 9

any State or political subdivision thereof, any Indian tribal 10

government (as defined in section 139E(c)(1)), any agency 11

or instrumentality of any of the foregoing, and any agency 12

or instrumentality of the Government of the United States 13

that is described in section 501(c)(1) and exempt from 14

taxation under section 501(a). 15

‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 16

of chapter 1, the gross income of any person allowed a 17

credit under this section shall be increased for the taxable 18

year which includes the last day of any calendar quarter 19

with respect to which such credit is allowed by the amount 20

of such credit. No credit shall be allowed under this sec-21

tion with respect to any amount which is taken into ac-22

count as qualified wages under section 2301 of the 23

CARES Act or section 3134 of this title or as qualified 24

health plan expenses under section 7001(d) or 7003(d) of 25

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•HR 1319 EH

the Families First Coronavirus Response Act or section 1

3131 or 3132 of this title. 2

‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.— 3

Notwithstanding section 6501, the limitation on the time 4

period for the assessment of any amount attributable to 5

a credit claimed under this section shall not expire before 6

the date that is 5 years after the later of— 7

‘‘(1) the date on which the original return 8

which includes the calendar quarter with respect to 9

which such credit is determined is filed, or 10

‘‘(2) the date on which such return is treated 11

as filed under section 6501(b)(2). 12

‘‘(g) REGULATIONS.—The Secretary shall issue such 13

regulations, or other guidance, forms, instructions, and 14

publications, as may be necessary or appropriate to carry 15

out this section, including— 16

‘‘(1) the requirement to report information or 17

the establishment of other methods for verifying the 18

correct amounts of reimbursements under this sec-19

tion, 20

‘‘(2) the application of this section to group 21

health plans that are multiemployer plans (as de-22

fined in section 3(37) of the Employee Retirement 23

Income Security Act of 1974), 24

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•HR 1319 EH

‘‘(3) to allow the advance payment of the credit 1

determined under subsection (a), subject to the limi-2

tations provided in this section, based on such infor-3

mation as the Secretary shall require, 4

‘‘(4) to provide for the reconciliation of such 5

advance payment with the amount of the credit at 6

the time of filing the return of tax for the applicable 7

quarter or taxable year, and 8

‘‘(5) allowing the credit to third party payors 9

(including professional employer organizations, cer-10

tified professional employer organizations, or agents 11

under section 3504).’’. 12

(B) CLERICAL AMENDMENT.—The table of 13

sections for subchapter B of chapter 65 of the 14

Internal Revenue Code of 1986 is amended by 15

adding at the end the following new item: 16

‘‘Sec. 6432. Continuation coverage premium assistance.’’.

(C) EFFECTIVE DATE.—The amendments 17

made by this paragraph shall apply to pre-18

miums to which subsection (a)(1)(A) applies 19

and wages paid on or after April 1, 2021. 20

(D) SPECIAL RULE IN CASE OF EMPLOYEE 21

PAYMENT THAT IS NOT REQUIRED UNDER THIS 22

SECTION.— 23

(i) IN GENERAL.—In the case of an 24

assistance eligible individual who pays, 25

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with respect any period of coverage to 1

which subsection (a)(1)(A) applies, the 2

amount of the premium for such coverage 3

that the individual would have (but for this 4

Act) been required to pay, the person to 5

whom such payment is payable shall reim-6

burse such individual for the amount of 7

such premium paid in excess of the 8

amount required to be paid under sub-9

section (a)(1)(A). 10

(ii) CREDIT OF REIMBURSEMENT.—A 11

person to which clause (i) applies shall be 12

allowed a credit in the manner provided 13

under section 6432 of the Internal Rev-14

enue Code of 1986 for any payment made 15

to the employee under such clause. 16

(iii) PAYMENT OF CREDITS.—Any 17

person to which clause (i) applies shall 18

make the payment required under such 19

clause to the individual not later than 60 20

days after the date on which such indi-21

vidual elects continuation coverage under 22

subsection (a)(1). 23

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(2) PENALTY FOR FAILURE TO NOTIFY HEALTH 1

PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 2

ASSISTANCE.— 3

(A) IN GENERAL.—Part I of subchapter B 4

of chapter 68 of the Internal Revenue Code of 5

1986 is amended by adding at the end the fol-6

lowing new section: 7

‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 8

PLAN OF CESSATION OF ELIGIBILITY FOR 9

CONTINUATION COVERAGE PREMIUM ASSIST-10

ANCE. 11

‘‘(a) IN GENERAL.—Except in the case of a failure 12

described in subsection (b) or (c), any person required to 13

notify a group health plan under section 2401(a)(2)(B) 14

of the American Rescue Plan Act of 2021 who fails to 15

make such a notification at such time and in such manner 16

as the Secretary of Labor may require shall pay a penalty 17

of $250 for each such failure. 18

‘‘(b) INTENTIONAL FAILURE.—In the case of any 19

such failure that is fraudulent, such person shall pay a 20

penalty equal to the greater of— 21

‘‘(1) $250, or 22

‘‘(2) 110 percent of the premium assistance 23

provided under section 2401(a)(1)(A) of the Amer-24

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ican Rescue Plan Act of 2021 after termination of 1

eligibility under such section. 2

‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 3

shall be imposed under this section with respect to any 4

failure if it is shown that such failure is due to reasonable 5

cause and not to willful neglect.’’. 6


sections of part I of subchapter B of chapter 68 8

of such Code is amended by adding at the end 9

the following new item: 10

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility

for continuation coverage premium assistance.’’.

(3) COORDINATION WITH HCTC.— 11


Internal Revenue Code of 1986 is amended to 13

read as follows: 14

‘‘(9) CONTINUATION COVERAGE PREMIUM AS-15

SISTANCE.—In the case of an assistance eligible in-16

dividual who receives premium assistance for con-17

tinuation coverage under section 2401(a)(1) of the 18

American Rescue Plan Act of 2021 for any month 19

during the taxable year, such individual shall not be 20

treated as an eligible individual, a certified indi-21

vidual, or a qualifying family member for purposes 22

of this section or section 7527 with respect to such 23

month.’’. 24

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made by subparagraph (A) shall apply to tax-2

able years ending after the date of the enact-3

ment of this Act. 4

(4) EXCLUSION OF CONTINUATION COVERAGE 5

PREMIUM ASSISTANCE FROM GROSS INCOME.— 6

(A) IN GENERAL.—Part III of subchapter 7

B of chapter 1 of the Internal Revenue Code of 8

1986 is amended by inserting after section 9

139H the following new section: 10

‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST-11

ANCE. 12

‘‘In the case of an assistance eligible individual (as 13

defined in subsection (a)(3) of section 2401 of the Amer-14

ican Rescue Plan Act of 2021), gross income does not in-15

clude any premium assistance provided under subsection 16

(a)(1) of such section.’’. 17


sections for part III of subchapter B of chapter 19

1 of such Code is amended by inserting after 20

the item relating to section 139H the following 21

new item: 22

‘‘Sec. 139I. Continuation coverage premium assistance.’’.


made by this paragraph shall apply to taxable 24

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years ending after the date of the enactment of 1

this Act. 2

TITLE III—COMMITTEE ON 3

ENERGY AND COMMERCE 4

Subtitle A—Public Health 5

CHAPTER 1—VACCINES AND 6

THERAPEUTICS 7

SEC. 3001. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 8

THE CENTERS FOR DISEASE CONTROL AND 9

PREVENTION. 10


available, there is appropriated to the Secretary of Health 12

and Human Services (in this subtitle referred to as the 13

‘‘Secretary’’) for fiscal year 2021, out of any money in 14


to remain available until expended, to carry out activities 16

to plan, prepare for, promote, distribute, administer, mon-17

itor, and track COVID–19 vaccines. 18

(b) USE OF FUNDS.—The Secretary, acting through 19

the Director of the Centers for Disease Control and Pre-20

vention, and in consultation with other agencies, as appli-21

cable, shall, in conducting activities referred to in sub-22

section (a)— 23

(1) conduct activities to enhance, expand, and 24

improve nationwide COVID–19 vaccine distribution 25

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and administration, including activities related to 1

distribution of ancillary medical products and sup-2

plies related to vaccines; and 3

(2) provide technical assistance, guidance, and 4

support to, and award grants or cooperative agree-5

ments to, State, local, Tribal, and territorial public 6

health departments for enhancement of COVID–19 7

vaccine distribution and administration capabilities, 8

including— 9

(A) the distribution and administration of 10

vaccines licensed under section 351 of the Pub-11

lic Health Service Act (42 U.S.C. 262) or au-12

thorized under section 564 of the Federal Food, 13

Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 14

and ancillary medical products and supplies re-15

lated to vaccines; 16

(B) the establishment and expansion, in-17

cluding staffing support, of community vaccina-18

tion centers, particularly in underserved areas; 19

(C) the deployment of mobile vaccination 20

units, particularly in underserved areas; 21

(D) information technology, data, and re-22

porting enhancements, including improvements 23

necessary to support sharing of data related to 24

vaccine distribution and vaccinations and sys-25

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tems that enhance vaccine safety, effectiveness, 1

and uptake, particularly among underserved 2

populations; 3

(E) facilities enhancements; 4

(F) communication with the public regard-5

ing when, where, and how to receive COVID– 6

19 vaccines; and 7

(G) transportation of individuals to facili-8

tate vaccinations, including at community vac-9

cination centers and mobile vaccination units, 10

particularly for underserved populations. 11

SEC. 3002. FUNDING FOR VACCINE CONFIDENCE ACTIVI-12

TIES. 13


appropriated to the Secretary for fiscal year 2021, out of 15

any money in the Treasury not otherwise appropriated, 16

$1,000,000,000, to remain available until expended, to 17

carry out activities, acting through the Director of the 18

Centers for Disease Control and Prevention— 19

(1) to strengthen vaccine confidence in the 20

United States, including its territories and posses-21

sions; 22

(2) to provide further information and edu-23

cation with respect to vaccines licensed under section 24

351 of the Public Health Service Act (42 U.S.C. 25

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262) or authorized under section 564 of the Federal 1

Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb– 2

3); and 3

(3) to improve rates of vaccination throughout 4

the United States, including its territories and pos-5

sessions, including through activities described in 6

section 313 of the Public Health Service Act, as 7

amended by section 311 of division BB of the Con-8

solidated Appropriations Act, 2021 (Public Law 9

116–260). 10

SEC. 3003. FUNDING FOR SUPPLY CHAIN FOR COVID–19 11

VACCINES, THERAPEUTICS, AND MEDICAL 12

SUPPLIES. 13




$6,050,000,000, to remain available until expended, for 17

necessary expenses with respect to research, development, 18

manufacturing, production, and the purchase of vaccines, 19

therapeutics, and ancillary medical products and supplies 20

to prevent, prepare, or respond to— 21

(1) SARS–CoV–2 or any viral variant mutating 22

therefrom with pandemic potential; and 23

(2) COVID–19 or any disease with potential for 24

creating a pandemic. 25

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•HR 1319 EH

SEC. 3004. FUNDING FOR COVID–19 VACCINE, THERA-1

PEUTIC, AND DEVICE ACTIVITIES AT THE 2

FOOD AND DRUG ADMINISTRATION. 3




$500,000,000, to remain available until expended, to be 7

used for the evaluation of the continued performance, safe-8

ty, and effectiveness, including with respect to emerging 9

COVID–19 variants, of vaccines, therapeutics, and 10

diagnostics approved, cleared, licensed, or authorized for 11

use for the treatment, prevention, or diagnosis of COVID– 12

19; facilitation of advanced continuous manufacturing ac-13

tivities related to production of vaccines and related mate-14

rials; facilitation and conduct of inspections related to the 15

manufacturing of vaccines, therapeutics, and devices de-16

layed or cancelled for reasons related to COVID–19; re-17

view of devices authorized for use for the treatment, pre-18

vention, or diagnosis of COVID–19; and oversight of the 19

supply chain and mitigation of shortages of vaccines, 20

therapeutics, and devices approved, cleared, licensed, or 21

authorized for use for the treatment, prevention, or diag-22

nosis of COVID–19 by the Food and Drug Administra-23

tion. 24

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CHAPTER 2—TESTING 1

SEC. 3011. FUNDING FOR COVID–19 TESTING, CONTACT 2

TRACING, AND MITIGATION ACTIVITIES. 3




appropriated, $47,800,000,000, to remain available until 7

expended, to carry out activities to detect, diagnose, trace, 8

and monitor SARS–CoV–2 and COVID–19 infections and 9

related strategies to mitigate the spread of COVID–19. 10

(b) USE OF FUNDS.—From amounts appropriated by 11

subsection (a), the Secretary shall— 12

(1) implement a national, evidence-based strat-13

egy for testing, contact tracing, surveillance, and 14

mitigation with respect to SARS–CoV–2 and 15

COVID–19, including through activities authorized 16

under section 319(a) of the Public Health Service 17

Act; 18

(2) provide technical assistance, guidance, and 19

support, and award grants or cooperative agree-20

ments to State, local, and territorial public health 21

departments for activities to detect, diagnose, trace, 22

and monitor SARS–CoV–2 and COVID–19 infec-23

tions and related strategies and activities to mitigate 24

the spread of COVID–19; 25

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(3) support the development, manufacturing, 1

procurement, distribution, and administration of 2

tests to detect or diagnose SARS–CoV–2 and 3

COVID–19, including through— 4

(A) support for the development, manufac-5

ture, procurement, and distribution of supplies 6

necessary for administering tests, such as per-7

sonal protective equipment; and 8

(B) support for the acquisition, construc-9

tion, alteration, or renovation of non-federally 10

owned facilities for the production of 11

diagnostics and ancillary medical supplies where 12

the Secretary determines that such an invest-13

ment is necessary to ensure the production of 14

sufficient amounts of such supplies. 15

(4) establish and expand Federal, State, local, 16

and territorial testing and contact tracing capabili-17

ties, including investments in laboratory capacity, 18

community-based testing sites, and mobile testing 19

units, particularly in medically underserved areas; 20

(5) enhance information technology, data mod-21

ernization, and reporting, including improvements 22

necessary to support sharing of data related to pub-23

lic health capabilities; 24

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•HR 1319 EH

(6) award grants to, or enter into cooperative 1

agreements or contracts with, State, local, and terri-2

torial public health departments to establish, ex-3

pand, and sustain a public health workforce; and 4

(7) to cover administrative and program sup-5

port costs necessary to conduct activities related to 6

subparagraph (a). 7

SEC. 3012. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC-8

ING AND SURVEILLANCE. 9



year 2021 out of any money in the Treasury not otherwise 12


expended, to strengthen and expand activities and work-14

force related to genomic sequencing, analytics, and disease 15

surveillance. 16

(b) USE OF FUNDS.—From amounts appropriated by 17

subsection (a), the Secretary, acting through the Director 18

of the Centers for Disease Control and Prevention, shall— 19

(1) conduct, expand, and improve activities to 20

sequence genomes, identify mutations, and survey 21

the circulation and transmission of viruses and other 22

organisms, including strains of SARS–CoV–2; 23

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•HR 1319 EH

(2) award grants or cooperative agreements to 1

State, local, Tribal, or territorial public health de-2

partments or public health laboratories— 3

(A) to increase their capacity to sequence 4

genomes of circulating strains of viruses and 5

other organisms, including SARS–CoV–2; 6

(B) to identify mutations in viruses and 7

other organisms, including SARS–CoV–2; 8

(C) to use genomic sequencing to identify 9

outbreaks and clusters of diseases or infections, 10

including COVID–19; and 11

(D) to develop effective disease response 12

strategies based on genomic sequencing and 13

surveillance data; 14

(3) enhance and expand the informatics capa-15

bilities of the public health workforce; and 16

(4) award grants for the construction, alter-17

ation, or renovation of facilities to improve genomic 18

sequencing and surveillance capabilities at the State 19

and local level. 20

SEC. 3013. FUNDING FOR GLOBAL HEALTH. 21



any amounts in the Treasury not otherwise appropriated, 24

$750,000,000, to remain available until expended, for ac-25

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•HR 1319 EH

tivities to be conducted acting through the Director of the 1

Centers for Disease Control and Prevention to combat 2

SARS–CoV– 2, COVID–19, and other emerging infectious 3

disease threats globally, including efforts related to global 4

health security, global disease detection and response, 5

global health protection, global immunization, and global 6

coordination on public health. 7

SEC. 3014. FUNDING FOR DATA MODERNIZATION AND 8

FORECASTING CENTER. 9




$500,000,000, to remain available until expended, for ac-13

tivities to be conducted acting through the Director of the 14

Centers for Disease Control and Prevention to support 15

public health data surveillance and analytics infrastruc-16

ture modernization initiatives at the Centers for Disease 17

Control and Prevention, and establish, expand, and main-18

tain efforts to modernize the United States disease warn-19

ing system to forecast and track hotspots for COVID–19, 20

its variants, and emerging biological threats, including 21

academic and workforce support for analytics and 22

informatics infrastructure and data collection systems. 23

134

•HR 1319 EH

CHAPTER 3—PUBLIC HEALTH 1

WORKFORCE 2

SEC. 3021. FUNDING FOR PUBLIC HEALTH WORKFORCE. 3





expended, to carry out activities related to establishing, 8

expanding, and sustaining a public health workforce, in-9

cluding by making awards to State, local, and territorial 10

public health departments. 11

(b) USE OF FUNDS FOR PUBLIC HEALTH DEPART-12

MENTS.—Amounts made available to an awardee pursuant 13

to subsection (a) shall be used for the following: 14

(1) Costs, including wages and benefits, related 15

to the recruiting, hiring, and training of individ-16

uals— 17

(A) to serve as case investigators, contact 18

tracers, social support specialists, community 19

health workers, public health nurses, disease 20

intervention specialists, epidemiologists, pro-21

gram managers, laboratory personnel, 22

informaticians, communication and policy ex-23

perts, and any other positions as may be re-24

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•HR 1319 EH

quired to prevent, prepare for, and respond to 1

COVID–19; and 2

(B) who are employed by— 3

(i) the State, territorial, or local pub-4

lic health department involved; or 5

(ii) a nonprofit private or public orga-6

nization with demonstrated expertise in im-7

plementing public health programs and es-8

tablished relationships with such State, 9

territorial, or local public health depart-10

ments, particularly in medically under-11

served areas. 12

(2) Personal protective equipment, data man-13

agement and other technology, or other necessary 14

supplies. 15

(3) Administrative costs and activities necessary 16

for awardees to implement activities funded under 17

this section. 18

(4) Reporting to the Secretary on implementa-19

tion of the activities funded under this section. 20

(5) Subawards from recipients of awards under 21

subsection (a) to local health departments for the 22

purposes of the activities funded under this section. 23

136

•HR 1319 EH

SEC. 3022. FUNDING FOR MEDICAL RESERVE CORPS. 1




$100,000,000, to remain available until expended, for car-5

rying out section 2813 of the Public Health Service Act 6

(42 U.S.C. 300hh–15). 7

CHAPTER 4—PUBLIC HEALTH 8

INVESTMENTS 9

SEC. 3031. FUNDING FOR COMMUNITY HEALTH CENTERS 10

AND COMMUNITY CARE. 11





expended, for necessary expenses for awarding grants and 16

cooperative agreements under section 330 of the Public 17

Health Service Act (42 U.S.C. 254b) to be awarded with-18

out regard to the time limitation in subsection (e)(3) and 19

subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of 20

such section 330, and for necessary expenses for awarding 21

grants to Federally qualified health centers, as described 22

in section 1861(aa)(4)(B) of the Social Security Act (42 23

U.S.C.1395x(aa)(4)(B)), and for awarding grants or con-24

tracts to Papa Ola Lokahi and to qualified entities under 25

sections 4 and 6 of the Native Hawaiian Health Care Im-26

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•HR 1319 EH

provement Act (42 U.S.C. 11703, 11705). Of the total 1

amount appropriated by the preceding sentence, not less 2

than $20,000,000 shall be for grants or contracts to Papa 3

Ola Lokahi and to qualified entities under sections 4 and 4

6 of the Native Hawaiian Health Care Improvement Act 5

(42 U.S.C. 11703, 11705). 6

(b) USE OF FUNDS.—Amounts made available to an 7

awardee pursuant to subsection (a) shall be used— 8

(1) to plan, prepare for, promote, distribute, 9

administer, and track COVID–19 vaccines, and to 10

carry out other vaccine-related activities; 11

(2) to detect, diagnose, trace, and monitor 12

COVID–19 infections and related activities nec-13

essary to mitigate the spread of COVID–19, includ-14

ing activities related to, and equipment or supplies 15

purchased for, testing, contact tracing, surveillance, 16

mitigation, and treatment of COVID–19; 17

(3) to purchase equipment and supplies to con-18

duct mobile testing or vaccinations for COVID–19, 19

to purchase and maintain mobile vehicles and equip-20

ment to conduct such testing or vaccinations, and to 21

hire and train laboratory personnel and other staff 22

to conduct such mobile testing or vaccinations, par-23

ticularly in medically underserved areas; 24

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•HR 1319 EH

(4) to establish, expand, and sustain the health 1

care workforce to prevent, prepare for, and respond 2

to COVID–19, and to carry out other health work-3

force-related activities; 4

(5) to modify, enhance, and expand health care 5

services and infrastructure; and 6

(6) to conduct community outreach and edu-7

cation activities related to COVID–19. 8

(c) PAST EXPENDITURES.—An awardee may use 9

amounts awarded pursuant to subsection (a) to cover the 10

costs of the awardee carrying out any of the activities de-11

scribed in subsection (b) during the period beginning on 12

the date of the declaration of a public health emergency 13

by the Secretary under section 319 of the Public Health 14

Service Act (42 U.S.C. 247d) on January 31, 2020, with 15

respect to COVID–19 and ending on the date of such 16

award. 17

SEC. 3032. FUNDING FOR NATIONAL HEALTH SERVICE 18

CORPS. 19





pended, for carrying out sections 338A, 338B, and 338I 24

139

•HR 1319 EH

of the Public Health Service Act (42 U.S.C. 254l, 254l– 1

1, 254q–1) with respect to the health workforce. 2

(b) STATE LOAN REPAYMENT PROGRAMS.— 3

(1) IN GENERAL.—Of the amount made avail-4

able pursuant to subsection (a), $100,000,000 shall 5

be made available for providing primary health serv-6

ices through grants to States under section 338I(a) 7

of the Public Health Service Act (42 U.S.C. 254q– 8

1(a)). 9

(2) CONDITIONS.—With respect to grants de-10

scribed in paragraph (1) using funds made available 11

under such paragraph: 12

(A) Section 338I(b) of the Public Health 13

Service Act (42 U.S.C. 254q–1(b)) shall not 14

apply. 15

(B) Notwithstanding section 338I(d)(2) of 16

the Public Health Service Act (42 U.S.C. 254q– 17

1(d)(2)), not more than 10 percent of an award 18

to a State from such amounts, may be used by 19

the State for costs of administering the State 20

loan repayment program. 21

SEC. 3033. FUNDING FOR NURSE CORPS. 22




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•HR 1319 EH



(42 U.S.C. 297n). 3

SEC. 3034. FUNDING FOR TEACHING HEALTH CENTERS 4

THAT OPERATE GRADUATE MEDICAL EDU-5

CATION. 6


available, and notwithstanding the capped amount ref-8

erenced in sections 340H(b)(2) and 340H(d)(2) of the 9

Public Health Service Act (42 U.S.C. 256h(b)(2) and 10

(d)(2)), there is appropriated to the Secretary for fiscal 11


appropriated, $330,000,000, to remain available until 13

September 30, 2023, for the program of payments to 14

teaching health centers that operate graduate medical 15

education under section 340H of the Public Health Serv-16

ice Act (42 U.S.C. 256h) and for teaching health center 17

development grants authorized under section 749A of the 18

Public Health Service Act (42 U.S.C. 293l–1). 19

(b) USE OF FUNDS.—Amounts made available pursu-20

ant to subsection (a) shall be used for the following activi-21

ties: 22

(1) For making payments to establish new ap-23

proved graduate medical residency training pro-24

grams pursuant to section 340H(a)(1)(C) of the 25

141

•HR 1319 EH


256h(a)(1)(C)). 2

(2) To provide an increase to the per resident 3

amount described in section 340H(a)(2) of the Pub-4

lic Health Service Act (42 U.S.C. 256h(a)(2)) of 5

$10,000. 6

(3) For making payments under section 7

340H(a)(1)(A) of the Public Health Service Act (42 8

U.S.C. 256h(a)(1)(A))) to qualified teaching health 9

centers for maintenance of filled positions at existing 10

approved graduate medical residency training pro-11

grams. 12

(4) For making payments under section 13

340H(a)(1)(B) of the Public Health Service Act (42 14

U.S.C. 256h(a)(1)(B)) for the expansion of existing 15

approved graduate medical residency training pro-16

grams. 17

(5) For making awards under section 749A of 18

the Public Health Service Act (42 U.S.C. 293l–1) to 19

teaching health centers for the purpose of estab-20

lishing new accredited or expanded primary care 21

residency programs. 22

(6) To cover administrative costs and activities 23

necessary for qualified teaching health centers re-24

ceiving payments under section 340H of the Public 25

142

•HR 1319 EH

Health Service Act (42 U.S.C. 256h) to carry out 1

activities under such section. 2

SEC. 3035. FUNDING FOR FAMILY PLANNING. 3




$50,000,000, to remain available until expended, for nec-7

essary expenses for making grants and contracts under 8

section 1001 of the Public Health Service Act (42 U.S.C. 9

300). 10

SEC. 3036. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 11


appropriated to the inspector general of the Department 13

of Health and Human Services for fiscal year 2021, out 14

of any money in the Treasury not otherwise appropriated, 15

$5,000,000, to remain available until expended, for over-16

sight of activities supported with funds appropriated to 17

the Department of Health and Human Services to pre-18

vent, prepare for, and respond to coronavirus 2019 or 19

COVID–19, domestically or internationally. 20

CHAPTER 5—INDIAN HEALTH 21

SEC. 3041. FUNDING FOR INDIAN HEALTH. 22

(a) In addition to amounts otherwise available, there 23

is appropriated to the Secretary for fiscal year 2021, out 24


143

•HR 1319 EH

$6,094,000,000, to remain available until expended, of 1

which— 2

(1) $5,484,000,000 shall be for carrying out 3

the Act of August 5, 1954 (42 U.S.C. 2001 et seq.) 4

(commonly referred to as the Transfer Act), the In-5

dian Self-Determination and Education Assistance 6

Act (25 U.S.C. 5301 et seq.), the Indian Health 7

Care Improvement Act (25 U.S.C. 1601 et seq.), 8

and titles II and III of the Public Health Service 9

Act (42 U.S.C. 201 et seq. and 241 et seq.) with re-10

spect to the Indian Health Service, of which— 11

(A) $2,000,000,000 shall be for lost reim-12

bursements, in accordance with section 207 of 13

the Indian Health Care Improvement Act (25 14

U.S.C. 1621f); 15

(B) $500,000,000 shall be for the provi-16

sion of additional health care services, services 17

provided through the Purchased/Referred Care 18

program, and other related activities; 19

(C) $140,000,000 shall be for information 20

technology, telehealth infrastructure, and the 21

Indian Health Service electronic health records 22

system; 23

(D) $84,000,000 shall be for maintaining 24

operations of the Urban Indian health program, 25

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•HR 1319 EH

which shall be in addition to other amounts 1

made available under this subsection for Urban 2

Indian organizations (as defined in section 4 of 3

the Indian Health Care Improvement Act (25 4

U.S.C. 1603)); 5

(E) $600,000,000 shall be for necessary 6

expenses to plan, prepare for, promote, dis-7

tribute, administer, and track COVID–19 vac-8

cines, for the purposes described in subpara-9

graphs (F) and (G), and for other vaccine-re-10

lated activities; 11

(F) $1,500,000,000 shall be for necessary 12

expenses to detect, diagnose, trace, and monitor 13

COVID–19 infections, activities necessary to 14

mitigate the spread of COVID–19, supplies nec-15

essary for such activities, for the purposes de-16

scribed in subparagraphs (E) and (G), and for 17

other related activities; 18

(G) $240,000,000 shall be for necessary 19

expenses to establish, expand, and sustain a 20

public health workforce to prevent, prepare for, 21

and respond to COVID–19, other public health 22

workforce-related activities, for the purposes de-23

scribed in subparagraphs (E) and (F), and for 24

other related activities; and 25

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•HR 1319 EH

(H) $420,000,000 shall be for necessary 1

expenses related to mental and behavioral 2

health prevention and treatment services, for 3

the purposes described in subparagraph (C) and 4

paragraph (2) as related to mental and behav-5

ioral health, and for other related activities; 6

(2) $600,000,000 shall be for the lease, pur-7

chase, construction, alteration, renovation, or equip-8

ping of health facilities to respond to COVID–19, 9

and for maintenance and improvement projects nec-10

essary to respond to COVID–19 under section 7 of 11

the Act of August 5, 1954 (42 U.S.C. 2004a), the 12

Indian Self-Determination and Education Assistance 13

Act (25 U.S.C. 5301 et seq.), the Indian Health 14

Care Improvement Act (25 U.S.C. 1601 et seq.), 15

and titles II and III of the Public Health Service 16

Act (42 U.S.C. 202 et seq.) with respect to the In-17

dian Health Service; and 18

(3) $10,000,000 shall be for carrying out sec-19

tion 7 of the Act of August 5, 1954 (42 U.S.C. 20

2004a) for expenses relating to potable water deliv-21

ery. 22

(b) Funds appropriated by subsection (a) shall be 23

made available to restore amounts, either directly or 24

through reimbursement, for obligations for the purposes 25

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specified in this section that were incurred to prevent, pre-1

pare for, and respond to COVID–19 during the period be-2

ginning on the date on which the public health emergency 3

was declared by the Secretary on January 31, 2020, pur-4

suant to section 319 of the Public Health Service Act (42 5

U.S.C. 247d) with respect to COVID–19 and ending on 6

the date of the enactment of this Act. 7

(c) Funds made available under subsection (a) to 8

Tribes and Tribal organizations under the Indian Self-De-9

termination and Education Assistance Act (25 U.S.C. 10

5301 et seq.) shall be available on a one-time basis. Such 11

non-recurring funds shall not be part of the amount re-12

quired by section 106 of the Indian Self-Determination 13

and Education Assistance Act (25 U.S.C. 5325), and such 14

funds shall only be used for the purposes identified in this 15

section. 16

CHAPTER 6—MENTAL HEALTH AND 17

SUBSTANCE USE DISORDER 18

SEC. 3051. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 19

MENTAL HEALTH SERVICES. 20





carrying out subpart I of part B of title XIX of the Public 25

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Health Service Act (42 U.S.C. 300x et seq.), subpart III 1

of part B of title XIX of such Act (42 U.S.C. 300x–51 2

et seq.), and section 505(c) of such Act (42 U.S.C. 290aa– 3

4(c)) with respect to mental health. Notwithstanding sec-4

tion 1952 of the Public Health Service Act (42 U.S.C. 5

300x–62), any amount awarded to a State out of amounts 6

appropriated by this section shall be expended by the State 7

by September 30, 2025. 8

SEC. 3052. FUNDING FOR BLOCK GRANTS FOR PREVENTION 9

AND TREATMENT OF SUBSTANCE ABUSE. 10





carrying out subpart II of part B of title XIX of the Public 15

Health Service Act (42 U.S.C. 300x–21 et seq.), subpart 16

III of part B of title XIX of such Act (42 U.S.C. 300x– 17

51 et seq.), section 505(d) of such Act (42 U.S.C. 290aa– 18

4(d)) with respect to substance abuse, and section 515(d) 19

of such Act (42 U.S.C. 290bb–21(d)). Notwithstanding 20

section 1952 of the Public Health Service Act (42 U.S.C. 21

300x–62), any amount awarded to a State out of amounts 22

appropriated by this section shall be expended by the State 23

by September 30, 2025. 24

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SEC. 3053. FUNDING FOR MENTAL AND BEHAVIORAL 1

HEALTH TRAINING FOR HEALTH CARE PRO-2

FESSIONALS, PARAPROFESSIONALS, AND 3

PUBLIC SAFETY OFFICERS. 4





pended, for the purpose described in subsection (b). 9

(b) USE OF FUNDING.—The Secretary, acting 10

through the Administrator of the Health Resources and 11

Services Administration, shall, taking into consideration 12

the needs of rural and medically underserved communities, 13

use amounts appropriated by subsection (a) to award 14

grants or contracts to health professions schools, academic 15

health centers, State or local governments, Indian Tribes 16

and Tribal organizations, or other appropriate public or 17

private nonprofit entities (or consortia of entities, includ-18

ing entities promoting multidisciplinary approaches), to 19

plan, develop, operate, or participate in health professions 20

and nursing training activities for health care students, 21

residents, professionals, paraprofessionals, trainees, and 22

public safety officers, and employers of such individuals, 23

in evidence-informed strategies for reducing and address-24

ing suicide, burnout, and mental and behavioral health 25

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conditions (including substance use disorders) among 1

health care professionals. 2

SEC. 3054. FUNDING FOR EDUCATION AND AWARENESS 3

CAMPAIGN ENCOURAGING HEALTHY WORK 4

CONDITIONS AND USE OF MENTAL AND BE-5

HAVIORAL HEALTH SERVICES BY HEALTH 6

CARE PROFESSIONALS. 7







the Director of the Centers for Disease Control and Pre-14

vention and in consultation with the medical professional 15

community, shall use amounts appropriated by subsection 16

(a) to carry out a national evidence-based education and 17

awareness campaign directed at health care professionals 18

and first responders (such as emergency medical service 19

providers), and employers of such professionals and first 20

responders. Such awareness campaign shall— 21

(1) encourage primary prevention of mental and 22

behavioral health conditions and secondary and ter-23

tiary prevention by encouraging health care profes-24

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sionals to seek support and treatment for their own 1

behavioral health concerns; 2

(2) help such professionals to identify risk fac-3

tors in themselves and others and respond to such 4

risks; 5

(3) include information on reducing or pre-6

venting suicide, substance use disorders, burnout, 7

and other mental and behavioral health conditions, 8

and addressing stigma associated with seeking men-9

tal and behavioral health support and treatment; 10

and 11

(4) consider the needs of rural and medically 12

underserved communities. 13

SEC. 3055. FUNDING FOR GRANTS FOR HEALTH CARE PRO-14

VIDERS TO PROMOTE MENTAL AND BEHAV-15

IORAL HEALTH AMONG THEIR HEALTH PRO-16

FESSIONAL WORKFORCE. 17







the Administrator of the Health Resources and Services 24

Administration, shall, taking into consideration the needs 25

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of rural and medically underserved communities, use 1

amounts appropriated by subsection (a) to award grants 2

or contracts to entities providing health care, including 3

health care providers associations and Federally qualified 4

health centers, to establish, enhance, or expand evidence- 5

informed programs or protocols to promote mental and be-6

havioral health among their providers, other personnel, 7

and members. 8

SEC. 3056. FUNDING FOR COMMUNITY-BASED FUNDING 9

FOR LOCAL SUBSTANCE USE DISORDER 10

SERVICES. 11





pended, to carry out the purpose described in subsection 16

(b). 17

(b) USE OF FUNDS.— 18

(1) IN GENERAL.—The Secretary, acting 19

through the Assistant Secretary for Mental Health 20

and Substance Use and in consultation with the Di-21

rector of the Centers for Disease Control and Pre-22

vention, shall award grants to support States; local, 23

Tribal, and territorial governments; Tribal organiza-24

tions; nonprofit community-based organizations; and 25

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primary care and behavioral health organizations to 1

support community-based overdose prevention pro-2

grams, syringe services programs, and other harm 3

reduction services, with respect to harms of drug 4

misuse that are exacerbated by the COVID–19 pub-5

lic health emergency. 6

(2) USE OF GRANT FUNDS.—Grant funds 7

awarded under this section to eligible entities may 8

be used for preventing and controlling the spread of 9

infectious diseases and the consequences of such dis-10

eases for individuals with substance use disorder, 11

distributing opioid overdose reversal medication to 12

individuals at risk of overdose, connecting individ-13

uals at risk for, or with, a substance use disorder to 14

overdose education, counseling, and health edu-15

cation, and encouraging such individuals to take 16

steps to reduce the negative personal and public 17

health impacts of substance use or misuse. 18

SEC. 3057. FUNDING FOR COMMUNITY-BASED FUNDING 19

FOR LOCAL BEHAVIORAL HEALTH NEEDS. 20





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pended, to carry out the purpose described in subsection 1

(b). 2

(b) USE OF FUNDS.— 3

(1) IN GENERAL.—The Secretary, acting 4

through the Assistant Secretary for Mental Health 5

and Substance Use, shall award grants to State, 6

local, Tribal, and territorial governments, Tribal or-7

ganizations, nonprofit community-based entities, and 8

primary care and behavioral health organizations to 9

address increased community behavioral health 10

needs worsened by the COVID–19 public health 11

emergency. 12

(2) USE OF GRANT FUNDS.—Grant funds 13

awarded under this section to eligible entities may 14

be used for promoting care coordination among local 15

entities; training the mental and behavioral health 16

workforce, relevant stakeholders, and community 17

members; expanding evidence-based integrated mod-18

els of care; addressing surge capacity for mental and 19

behavioral health needs; providing mental and behav-20

ioral health services to individuals with mental 21

health needs (including co-occurring substance use 22

disorders) as delivered by behavioral and mental 23

health professionals utilizing telehealth services; and 24

supporting, enhancing, or expanding mental and be-25

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havioral health preventive and crisis intervention 1

services. 2

SEC. 3058. FUNDING FOR THE NATIONAL CHILD TRAU-3

MATIC STRESS NETWORK. 4






(42 U.S.C. 290hh–1) with respect to addressing the prob-10

lem of high-risk or medically underserved persons who ex-11

perience violence-related stress. 12

SEC. 3059. FUNDING FOR PROJECT AWARE. 13





rying out section 520A of the Public Health Service Act 18

(42 U.S.C. 290bb–32) with respect to advancing wellness 19

and resiliency in education. 20

SEC. 3059A. FUNDING FOR YOUTH SUICIDE PREVENTION. 21





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rying out sections 520E and 520E–2 of the Public Health 1

Service Act (42 U.S.C. 290bb–36, 290bb–36b). 2

SEC. 3059B. FUNDING FOR BEHAVIORAL HEALTH WORK-3

FORCE EDUCATION AND TRAINING. 4






(42 U.S.C. 294e–1). 10

CHAPTER 7—EXCHANGE GRANT 11

PROGRAM 12

SEC. 3061. ESTABLISHING A GRANT PROGRAM FOR EX-13

CHANGE MODERNIZATION. 14

(a) IN GENERAL.—Out of funds appropriated under 15

subsection (b), the Secretary shall award grants to each 16

American Health Benefits Exchange established under 17

section 1311(b) of the Patient Protection and Affordable 18

Care Act (42 U.S.C. 18031(b)) (other than an Exchange 19

established by the Secretary under section 1321(c) of such 20

Act (42 U.S.C. 18041(c))) that submits to the Secretary 21

an application at such time and in such manner, and con-22

taining such information, as specified by the Secretary, 23

for purposes of enabling such Exchange to modernize or 24

update any system, program, or technology utilized by 25

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•HR 1319 EH

such Exchange to ensure such Exchange is compliant with 1

all applicable requirements. 2

(b) FUNDING.—There is appropriated, out of any 3

monies in the Treasury not otherwise obligated, 4


rying out this section. 6

Subtitle B—Medicaid 7

SEC. 3101. MANDATORY COVERAGE OF COVID–19 VACCINES 8

AND ADMINISTRATION AND TREATMENT 9

UNDER MEDICAID. 10

(a) COVERAGE.— 11

(1) IN GENERAL.—Section 1905(a)(4) of the 12

Social Security Act (42 U.S.C. 1396d(a)(4)) is 13

amended— 14

(A) by striking ‘‘and (D)’’ and inserting 15

‘‘(D)’’; and 16

(B) by striking the semicolon at the end 17

and inserting ‘‘; (E) during the period begin-18

ning on the date of the enactment of the Amer-19

ican Rescue Plan Act of 2021 and ending on 20

the last day of the first calendar quarter that 21

begins at least one year after the last day of the 22

emergency period described in section 23

1135(g)(1)(B), a COVID–19 vaccine and ad-24

ministration of the vaccine; and (F) during the 25

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period beginning on the date of the enactment 1

of the American Rescue Plan Act of 2021 and 2

ending on the last day of the first calendar 3

quarter that begins at least one year after the 4

last day of the emergency period described in 5

section 1135(g)(1)(B), testing and treatments 6

for COVID-19, including specialized equipment 7

and therapies (including preventive therapies), 8

and, without regard to the requirements of sec-9

tion 1902(a)(10)(B) (relating to comparability), 10

in the case of an individual who is diagnosed 11

with or presumed to have COVID–19, during 12

the period such individual has (or is presumed 13

to have) COVID–19, the treatment of a condi-14

tion that may seriously complicate the treat-15

ment of COVID–19, if otherwise covered under 16

the State plan (or waiver of such plan);’’. 17

(2) MAKING COVID–19 VACCINE AVAILABLE TO 18

ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT 19

AVAILABLE TO CERTAIN UNINSURED.—Section 20

1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) 21

is amended in the matter following subparagraph 22

(G)— 23

(A) by striking ‘‘and to other conditions 24

which may complicate pregnancy, (VIII)’’ and 25

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•HR 1319 EH

inserting ‘‘, medical assistance for services re-1

lated to other conditions which may complicate 2

pregnancy, and medical assistance for vaccines 3

described in section 1905(a)(4)(E) and the ad-4

ministration of such vaccines during the period 5

described in such section, (VIII)’’; 6

(B) by inserting ‘‘and medical assistance 7

for vaccines described in section 1905(a)(4)(E) 8

and the administration of such vaccines during 9

the period described in such section’’ after ‘‘(de-10

scribed in subsection (z)(2))’’; 11

(C) by striking ‘‘cancer (XV)’’ and insert-12

ing ‘‘cancer, (XV)’’; 13

(D) by inserting ‘‘and medical assistance 14



the period described in such section’’ after ‘‘de-17

scribed in subsection (k)(1)’’; 18

(E) by inserting ‘‘and medical assistance 19



the period described in such section’’ after 22

‘‘family planning setting’’; 23

(F) by striking ‘‘and (XVIII)’’ and insert-24

ing ‘‘(XVIII)’’; 25

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•HR 1319 EH

(G) by striking ‘‘and any visit described in 1

section 1916(a)(2)(G) that is furnished during 2

any such portion’’ and inserting ‘‘, any service 3

described in section 1916(a)(2)(G) that is fur-4

nished during any such portion, any vaccine de-5

scribed in section 1905(a)(4)(E) (and the ad-6

ministration of such vaccine) that is furnished 7

during any such portion, and testing and treat-8

ments for COVID-19, including specialized 9

equipment and therapies (including preventive 10

therapies), and, in the case of an individual who 11

is diagnosed with or presumed to have COVID– 12

19, during the period such individual has (or is 13

presumed to have) COVID–19, the treatment of 14

a condition that may seriously complicate the 15

treatment of COVID–19, if otherwise covered 16

under the State plan (or waiver of such plan)’’; 17

and 18

(H) by striking the semicolon at the end 19

and inserting ‘‘, and (XIX) medical assistance 20

shall be made available during the period de-21

scribed in section 1905(a)(4)(E) for vaccines 22

described in such section and the administra-23

tion of such vaccines, for any individual who is 24

eligible for and receiving medical assistance 25

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•HR 1319 EH

under the State plan or under a waiver of such 1

plan (other than an individual who is eligible 2

for medical assistance consisting only of pay-3

ment of premiums pursuant to subparagraph 4

(E) or (F) or section 1933), notwithstanding 5

any provision of this title limiting such individ-6

ual’s eligibility for medical assistance under 7

such plan or waiver to coverage for a limited 8

type of benefits and services that would not oth-9

erwise include coverage of a COVID–19 vaccine 10

and its administration;’’. 11

(3) PROHIBITION OF COST SHARING.— 12

(A) IN GENERAL.—Subsections (a)(2) and 13

(b)(2) of section 1916 of the Social Security 14

Act (42 U.S.C. 1396o) are each amended— 15

(i) in subparagraph (F), by striking 16

‘‘or’’ at the end; 17

(ii) in subparagraph (G), by striking 18

‘‘; and’’; and 19

(iii) by adding at the end the fol-20

lowing subparagraphs: 21

‘‘(H) during the period beginning on the 22

date of the enactment of this subparagraph and 23



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section 1135(g)(1)(B), a COVID–19 vaccine 2

and the administration of such vaccine (for any 3

individual eligible for medical assistance for 4

such vaccine (and administration)); or 5

‘‘(I) during the period beginning on the 6

date of the enactment of this subparagraph and 7




section 1135(g)(1)(B), testing and treatments 11

for COVID-19, including specialized equipment 12

and therapies (including preventive therapies), 13

and, in the case of an individual who is diag-14

nosed with or presumed to have COVID–19, 15

during the period during which such individual 16

has (or is presumed to have) COVID–19, the 17

treatment of a condition that may seriously 18

complicate the treatment of COVID–19, if oth-19

erwise covered under the State plan (or waiver 20

of such plan); and’’. 21

(B) APPLICATION TO ALTERNATIVE COST 22

SHARING.—Section 1916A(b)(3)(B) of the So-23

cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 24

is amended— 25

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•HR 1319 EH

(i) in clause (xi), by striking ‘‘any 1

visit’’ and inserting ‘‘any service’’; and 2

(ii) by adding at the end the following 3

clauses: 4

‘‘(xii) During the period beginning on 5

the date of the enactment of this clause 6

and ending on the last day of the first cal-7

endar quarter that begins at least one year 8

after the last day of the emergency period 9

described in section 1135(g)(1)(B), a 10

COVID–19 vaccine and the administration 11

of such vaccine (for any individual eligible 12

for medical assistance for such vaccine 13

(and administration)). 14

‘‘(xiii) During the period beginning on 15

the date of the enactment of this clause 16

and ending on the last day of the first cal-17

endar quarter that begins at least one year 18

after the last day of the emergency period 19

described in section 1135(g)(1)(B), testing 20

and treatments for COVID-19, including 21

specialized equipment and therapies (in-22

cluding preventive therapies), and, in the 23

case of an individual who is diagnosed with 24

or presumed to have COVID–19, during 25

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•HR 1319 EH

the period during which such individual 1

has (or is presumed to have) COVID–19, 2

the treatment of a condition that may seri-3

ously complicate the treatment of COVID– 4

19, if otherwise covered under the State 5

plan (or waiver of such plan).’’. 6

(4) INCLUSION IN THE MEDICAID DRUG RE-7

BATE PROGRAM OF COVERED OUTPATIENT DRUGS 8

USED FOR COVID–19 TREATMENT.— 9

(A) IN GENERAL.—The requirements of 10

section 1927 of the Social Security Act (42 11

U.S.C. 1396r–8) shall apply to any drug or bio-12

logical product to which subparagraph (F) of 13

section 1905(a)(4) of such Act, as added by 14

paragraph (1), applies or to which the sub-15

clause (XVIII) in the matter following subpara-16

graph (G) of section 1902(a)(10) of such Act, 17

as added by paragraph (2), applies that is— 18

(i) furnished as medical assistance in 19

accordance with such subparagraph (F) or 20

subclause (XVIII) and section 21

1902(a)(10)(A) of such Act, as applicable, 22

for the treatment, or prevention, of 23

COVID-19, as described in such subpara-24

graph or subclause, respectively; and 25

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•HR 1319 EH

(ii) a covered outpatient drug (as de-1

fined in section 1927(k) of such Act, ex-2

cept that, in applying paragraph (2)(A) of 3

such section to a drug to which such sub-4

paragraph (F) or such subclause (XVIII) 5

applies, such drug shall be deemed a pre-6

scribed drug for purposes of section 7

1905(a)(12) of such Act). 8

(B) CONFORMING AMENDMENT.—Section 9

1927(d)(7) of the Social Security Act (42 10

U.S.C. 1396r–8(d)(7)) is amended by adding at 11

the end the following new subparagraph: 12

‘‘(E) Drugs and biological products to 13

which section 1905(a)(4)(F) and subclause 14

(XVIII) in the matter following subparagraph 15

(G) of section 1902(a)(10) apply that are fur-16

nished as medical assistance in accordance with 17

such section or clause, respectively, for the 18

treatment or prevention, of COVID–19, as de-19

scribed in such subparagraph of subclause, re-20

spectively, and section 1902(a)(10)(A).’’. 21

(5) ALTERNATIVE BENEFIT PLANS.—Section 22

1937(b) of the Social Security Act (42 U.S.C. 23

1396u–7(b)) is amended by adding at the end the 24

following new paragraph: 25

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•HR 1319 EH

‘‘(8) COVID–19 VACCINES, TESTING, AND 1

TREATMENT.—Notwithstanding the previous provi-2

sions of this section, a State may not provide for 3

medical assistance through enrollment of an indi-4

vidual with benchmark coverage or benchmark-equiv-5

alent coverage under this section unless, during the 6

period beginning on the date of the enactment of the 7

American Rescue Plan Act of 2021 and ending on 8

the last day of the first calendar quarter that begins 9

at least one year after the last day of the emergency 10

period described in section 1135(g)(1)(B), such cov-11

erage includes (and does not impose any deduction, 12

cost sharing, or similar charge for)— 13

‘‘(A) COVID–19 vaccines and administra-14

tion of the vaccines; and 15

‘‘(B) testing and treatments for COVID- 16

19, including specialized equipment and thera-17

pies (including preventive therapies), and, in 18

the case of such an individual who is diagnosed 19

with or presumed to have COVID–19, during 20

the period such individual has (or is presumed 21

to have) COVID–19, the treatment of a condi-22

tion that may seriously complicate the treat-23

ment of COVID–19, if otherwise covered under 24

the State plan (or waiver of such plan).’’. 25

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•HR 1319 EH

(b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 1

FOR COVERAGE AND ADMINISTRATION OF COVID–19 2

VACCINES.—Section 1905 of the Social Security Act (42 3

U.S.C. 1396d) is amended— 4

(1) in subsection (b), by striking ‘‘and (ff)’’ and 5

inserting ‘‘(ff), and (hh)’’; 6

(2) in subsection (ff), in the matter preceding 7

paragraph (1), by inserting ‘‘, subject to subsection 8

(hh)’’ after ‘‘or (z)(2)’’ and 9

(3) by adding at the end the following new sub-10

section: 11

‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL 12

ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF 13

COVID–19 VACCINES.— 14

‘‘(1) IN GENERAL.—Notwithstanding any other 15

provision of this title, during the period described in 16

paragraph (2), the Federal medical assistance per-17

centage for a State, with respect to amounts ex-18

pended by the State for medical assistance for a vac-19

cine described in subsection (a)(4)(E) (and the ad-20

ministration of such a vaccine), shall be equal to 100 21

percent. 22

‘‘(2) PERIOD DESCRIBED.—The period de-23

scribed in this paragraph is the period that— 24

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•HR 1319 EH

‘‘(A) begins on the first day of the first 1

quarter beginning after the date of the enact-2

ment of this subsection; and 3

‘‘(B) ends on the last day of the first quar-4

ter that begins at least one year after the last 5

day of the emergency period described in sec-6

tion 1135(g)(1)(B). 7

‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-8

RITORIAL CAPS.—Any payment made to a territory 9

for expenditures for medical assistance under sub-10

section (a)(4)(E) that are subject to the Federal 11

medical assistance percentage specified under para-12

graph (1) shall not be taken into account for pur-13

poses of applying payment limits under subsections 14

(f) and (g) of section 1108.’’. 15

SEC. 3102. MODIFICATIONS TO CERTAIN COVERAGE UNDER 16

MEDICAID FOR PREGNANT AND 17

POSTPARTUM WOMEN. 18

(a) STATE OPTION.—Section 1902(e) of the Social 19

Security Act (42 U.S.C. 1396a(e)) is amended by adding 20

at the end the following new paragraph: 21

‘‘(16) EXTENDING CERTAIN COVERAGE FOR 22

PREGNANT AND POSTPARTUM WOMEN.— 23

‘‘(A) IN GENERAL.—At the option of the 24

State, the State plan (or waiver of such State 25

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plan) may provide, that an individual who, 1

while pregnant, is eligible for and has received 2

medical assistance under the State plan ap-3

proved under this title (or a waiver of such 4

plan) (including during a period of retroactive 5

eligibility under subsection (a)(34)) shall, in ad-6

dition to remaining eligible under paragraph (5) 7

for all pregnancy-related and postpartum med-8

ical assistance available under the State plan 9

(or waiver) through the last day of the month 10

in which the 60-day period (beginning on the 11

last day of her pregnancy) ends, remain eligible 12

under the State plan (or waiver) for medical as-13

sistance for the period beginning on the first 14

day occurring after the end of such 60-day pe-15

riod and ending on the last day of the month 16

in which the 12-month period (beginning on the 17

last day of her pregnancy) ends. 18

‘‘(B) FULL BENEFITS DURING PREGNANCY 19

AND THROUGHOUT THE 12-MONTH 20

POSTPARTUM PERIOD.—The medical assistance 21

provided for a pregnant or postpartum indi-22

vidual by a State making an election under this 23

paragraph, without regard to the basis on which 24

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•HR 1319 EH

the individual is eligible for medical assistance 1

under the State plan (or waiver), shall— 2

‘‘(i) include all items and services cov-3

ered under the State plan (or waiver) that 4

are not less in amount, duration, or scope, 5

or are determined by the Secretary to be 6

substantially equivalent, to the medical as-7

sistance available for an individual de-8

scribed in subsection (a)(10)(A)(i); and 9

‘‘(ii) be provided for the individual 10

while pregnant and during the 12-month 11

period that begins on the last day of the 12

individual’s pregnancy and ends on the last 13

day of the month in which such 12-month 14

period ends. 15

‘‘(C) COVERAGE UNDER CHIP.—A State 16

making an election under this paragraph that 17

covers under title XXI child health assistance 18

for targeted low-income children who are preg-19

nant or targeted low-income pregnant women, 20

as applicable, shall also make the election under 21

section 2107(e)(1)(J) of such title.’’. 22

(b) EFFECTIVE DATE.—The amendment made by 23

subsection (a) shall apply with respect to State elections 24

made under paragraph (16) of section 1902(e) of the So-25

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•HR 1319 EH

cial Security Act (42 U.S.C. 1396a(e)), as added by sub-1

section (a), during the 7-year period beginning on the 1st 2

day of the 1st fiscal year quarter that begins at least one 3

year after the date of the enactment of this Act. 4

SEC. 3103. STATE OPTION TO PROVIDE QUALIFYING COM-5

MUNITY-BASED MOBILE CRISIS INTERVEN-6

TION SERVICES. 7

Title XIX of the Social Security Act is amended by 8

adding after section 1946 (42 U.S.C 1396w–5) the fol-9


‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALIFYING COM-11

MUNITY-BASED MOBILE CRISIS INTERVEN-12

TION SERVICES. 13

‘‘(a) IN GENERAL.—Notwithstanding section 14

1902(a)(1) (relating to Statewideness), section 15

1902(a)(10)(B) (relating to comparability), section 16

1902(a)(23)(A) (relating to freedom of choice of pro-17

viders), or section 1902(a)(27) (relating to provider agree-18

ments), a State may, during the 5-year period beginning 19

on the first day of the first fiscal year quarter that begins 20

on or after the date that is 1 year after the date of the 21

enactment of this section, provide medical assistance for 22

qualifying community-based mobile crisis intervention 23

services under a State plan amendment or waiver ap-24

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proved under section 1115 or subsection (b) or (c) of sec-1

tion 1915. 2

‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE CRI-3

SIS INTERVENTION SERVICES DEFINED.—For purposes 4

of this section, the term ‘qualifying community-based mo-5

bile crisis intervention services’ means, with respect to a 6

State, items and services for which medical assistance is 7

available under the State plan under this title or a waiver 8

of such plan, that are— 9

‘‘(1) furnished to an individual otherwise eligi-10

ble for medical assistance under the State plan (or 11

waiver of such plan) who is— 12

‘‘(A) outside of a hospital or other facility 13

setting; and 14

‘‘(B) experiencing a mental health or sub-15

stance use disorder crisis; 16

‘‘(2) furnished by a multidisciplinary mobile cri-17

sis team— 18

‘‘(A) that includes at least 1 behavioral 19

health care professional who is capable of con-20

ducting an assessment of the individual, in ac-21

cordance with the professional’s permitted scope 22

of practice under State law, and other profes-23

sionals or paraprofessionals with appropriate 24

expertise in behavioral health or mental health 25

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crisis response, including nurses, social workers, 1

peer support specialists, and others, as des-2

ignated by the State through a State plan 3

amendment (or waiver of such plan); 4

‘‘(B) whose members are trained in trau-5

ma-informed care, de-escalation strategies, and 6

harm reduction; 7

‘‘(C) that is able to respond in a timely 8

manner and, where appropriate, provide— 9

‘‘(i) screening and assessment; 10

‘‘(ii) stabilization and de-escalation; 11

and 12

‘‘(iii) coordination with, and referrals 13

to, health services as needed; 14

‘‘(D) that maintains relationships with rel-15

evant community partners, including medical 16

and behavioral health providers, primary care 17

providers, community health centers, crisis res-18

pite centers, and managed care organizations (if 19

applicable); 20

‘‘(E) that maintains the privacy and con-21

fidentiality of patient information consistent 22

with Federal and State requirements; and 23

‘‘(3) available 24 hours per day, every day of 24

the year. 25

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‘‘(c) PAYMENTS.—Notwithstanding section 1905(b) 1

or 1905(ff) and subject to subsections (y) and (z) of sec-2

tion 1905, during each of the first 12 fiscal quarters oc-3

curring during the period described in subsection (a) that 4

a State meets the requirements described in subsection 5

(d), the Federal medical assistance percentage applicable 6

to amounts expended by the State for medical assistance 7

for qualifying community-based mobile crisis intervention 8

services furnished during such quarter shall be equal to 9

85 percent. In no case shall the application of the previous 10

sentence result in the Federal medical assistance percent-11

age applicable to amounts expended by a State for medical 12

assistance for such qualifying community-based mobile cri-13

sis intervention services furnished during a quarter being 14

less than the Federal medical assistance percentage that 15

would apply to such amounts expended by the State for 16

such services furnished during such quarter without appli-17

cation of the previous sentence. 18

‘‘(d) REQUIREMENTS.—The requirements described 19

in this paragraph are the following: 20

‘‘(1) The State demonstrates, to the satisfaction 21

of the Secretary that it will be able to support the 22

provision of qualifying community-based mobile cri-23

sis intervention services that meet the conditions 24

specified in subsection (b). 25

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‘‘(2) The State provides assurances satisfactory 1

to the Secretary that— 2

‘‘(A) any additional Federal funds received 3

by the State for qualifying community-based 4

mobile crisis intervention services provided 5

under this section that are attributable to the 6

increased Federal medical assistance percentage 7

under subsection (c) will be used to supplement, 8

and not supplant, the level of State funds ex-9

pended for such services for the fiscal year pre-10

ceding the first fiscal quarter occurring during 11

the period described in subsection (a); 12

‘‘(B) if the State made qualifying commu-13

nity-based mobile crisis intervention services 14

available in a region of the State in such fiscal 15

year, the State will continue to make such serv-16

ices available in such region under this section 17

during each month occurring during the period 18

described in subsection (a) for which the Fed-19

eral medical assistance percentage under sub-20

section (c) is applicable with respect to the 21

State. 22

‘‘(e) FUNDING FOR STATE PLANNING GRANTS.— 23

There is appropriated, out of any funds in the Treasury 24

not otherwise appropriated, $15,000,000 to the Secretary 25

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for purposes of implementing, administering, and making 1

planning grants to States as soon as practicable for pur-2

poses of developing a State plan amendment or section 3

1115, 1915(b), or 1915(c) waiver request (or an amend-4

ment to such a waiver) to provide qualifying community- 5

based mobile crisis intervention services under this section, 6

to remain available until expended.’’. 7

SEC. 3104. TEMPORARY INCREASE IN FMAP FOR MEDICAL 8

ASSISTANCE UNDER STATE MEDICAID PLANS 9

WHICH BEGIN TO EXPEND AMOUNTS FOR 10

CERTAIN MANDATORY INDIVIDUALS. 11

Section 1905 of the Social Security Act (42 U.S.C. 12

1396d), as amended by section 3101 of this subtitle, is 13

further amended— 14

(1) in subsection (b), in the first sentence, by 15

striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 16

(2) in subsection (ff), by striking ‘‘subject to 17

subsection (hh)’’ and inserting ‘‘subject to sub-18

sections (hh) and (ii)’’; and 19


section: 21

‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL 22

ASSISTANCE UNDER STATE MEDICAID PLANS WHICH 23

BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY 24

INDIVIDUALS.— 25

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‘‘(1) IN GENERAL.—For each quarter occurring 1

during the 8-quarter period beginning with the first 2

calendar quarter during which a qualifying State (as 3

defined in paragraph (3)) expends amounts for all 4

individuals described in section 5

1902(a)(10)(A)(i)(VIII) under the State plan (or 6

waiver of such plan), the Federal medical assistance 7

percentage determined under subsection (b) for such 8

State shall, after application of any increase, if ap-9

plicable, under section 6008 of the Families First 10

Coronavirus Response Act, be increased by 5 per-11

centage points, except for any quarter (and each 12

subsequent quarter) during such period during 13

which the State ceases to provide medical assistance 14

to any such individual under the State plan (or 15

waiver of such plan). 16

‘‘(2) SPECIAL APPLICATION RULES.—Any in-17

crease described in paragraph (1) (or payment made 18

for expenditures on medical assistance that are sub-19

ject to such increase)— 20

‘‘(A) shall not apply with respect to dis-21

proportionate share hospital payments described 22

in section 1923; 23

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‘‘(B) shall not be taken into account in cal-1

culating the enhanced FMAP of a State under 2

section 2105; 3

‘‘(C) shall not be taken into account for 4

purposes of part A, D, or E of title IV; and 5

‘‘(D) shall not be taken into account for 6

purposes of applying payment limits under sub-7

sections (f) and (g) of section 1108. 8

‘‘(3) DEFINITION.—For purposes of this sub-9

section, the term ‘qualifying State’ means a State 10

which has not expended amounts for all individuals 11

described in section 1902(a)(10)(A)(i)(VIII) before 12

the date of the enactment of this subsection.’’. 13

SEC. 3105. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 14

ASSISTANCE PERCENTAGE TO URBAN INDIAN 15

HEALTH ORGANIZATIONS AND NATIVE HA-16

WAIIAN HEALTH CARE SYSTEMS. 17

Section 1905(b) of the Social Security Act (42 U.S.C. 18

1396d(b)) is amended by inserting after ‘‘(as defined in 19

section 4 of the Indian Health Care Improvement Act)’’ 20

the following: ‘‘; for the 8 fiscal year quarters beginning 21

with the first fiscal year quarter beginning after the date 22

of the enactment of the American Rescue Plan Act of 23

2021, the Federal medical assistance percentage shall also 24

be 100 per centum with respect to amounts expended as 25

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medical assistance for services which are received through 1

an Urban Indian organization (as defined in paragraph 2

(29) of section 4 of the Indian Health Care Improvement 3

Act) that has a grant or contract with the Indian Health 4

Service under title V of such Act; and, for such 8 fiscal 5

year quarters, the Federal medical assistance percentage 6

shall also be 100 per centum with respect to amounts ex-7

pended as medical assistance for services which are re-8

ceived through a Native Hawaiian Health Center (as de-9

fined in section 12(4) of the Native Hawaiian Health Care 10

Improvement Act) or a qualified entity (as defined in sec-11

tion 6(b) of such Act) that has a grant or contract with 12

the Papa Ola Lokahi under section 8 of such Act’’. 13

SEC. 3106. SUNSET OF LIMIT ON MAXIMUM REBATE 14

AMOUNT FOR SINGLE SOURCE DRUGS AND 15

INNOVATOR MULTIPLE SOURCE DRUGS. 16

Section 1927(c)(2)(D) of the Social Security Act (42 17

U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 18

‘‘December 31, 2009,’’ the following: ‘‘and before January 19

1, 2023,’’. 20

SEC. 3107. ADDITIONAL SUPPORT FOR MEDICAID HOME 21

AND COMMUNITY-BASED SERVICES DURING 22

THE COVID–19 EMERGENCY. 23

(a) INCREASED FMAP.— 24

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(1) IN GENERAL.—Notwithstanding section 1

1905(b) of the Social Security Act (42 U.S.C. 2

1396d(b)) or section 1905(ff), in the case of a State 3

that meets the HCBS program requirements under 4

subsection (b), the Federal medical assistance per-5

centage determined for the State under section 6

1905(b) of such Act (or, if applicable, under section 7

1905(ff)) and, if applicable, increased under sub-8

section (y), (z), (aa), or (ii) of section 1905 of such 9

Act (42 U.S.C. 1396d), section 1915(k) of such Act 10

(42 U.S.C. 1396n(k)), or section 6008(a) of the 11

Families First Coronavirus Response Act (Public 12

Law 116–127), shall be increased by 7.35 percent-13

age points with respect to expenditures of the State 14

under the State Medicaid program for home and 15

community-based services (as defined in paragraph 16

(2)(B)) that are provided during the HCBS program 17

improvement period (as defined in paragraph 18

(2)(A)). In no case may the application of the pre-19

vious sentence result in the Federal medical assist-20

ance percentage determined for a State being more 21

than 95 percent with respect to such expenditures. 22

Any payment made to Puerto Rico, the Virgin Is-23

lands, Guam, the Northern Mariana Islands, or 24

American Samoa for expenditures on medical assist-25

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ance that are subject to the Federal medical assist-1

ance percentage increase specified under the first 2

sentence of this paragraph shall not be taken into 3

account for purposes of applying payment limits 4

under subsections (f) and (g) of section 1108 of the 5

Social Security Act (42 U.S.C. 1308). 6

(2) DEFINITIONS.—In this section: 7

(A) HCBS PROGRAM IMPROVEMENT PE-8

RIOD.—The term ‘‘HCBS program improve-9

ment period’’ means, with respect to a State, 10

the period— 11

(i) beginning on April 1, 2021; and 12

(ii) ending on March 31, 2022. 13

(B) HOME AND COMMUNITY-BASED SERV-14

ICES.—The term ‘‘home and community-based 15

services’’ means any of the following: 16

(i) Home health care services author-17

ized under paragraph (7) of section 18

1905(a) of the Social Security Act (42 19

U.S.C. 1396d(a)). 20

(ii) Personal care services authorized 21

under paragraph (24) of such section. 22

(iii) PACE services authorized under 23

paragraph (26) of such section. 24

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(iv) Home and community-based serv-1

ices authorized under subsections (b), (c), 2

(i), (j), and (k) of section 1915 of such Act 3

(42 U.S.C. 1396n), such services author-4

ized under a waiver under section 1115 of 5

such Act (42 U.S.C. 1315), and such serv-6

ices through coverage authorized under 7

section 1937 of such Act (42 U.S.C. 8

1396u–7). 9

(v) Case management services author-10

ized under section 1905(a)(19) of the So-11

cial Security Act (42 U.S.C. 1396d(a)(19)) 12

and section 1915(g) of such Act (42 13

U.S.C. 1396n(g)). 14

(vi) Rehabilitative services, including 15

those related to behavioral health, de-16

scribed in section 1905(a)(13) of such Act 17

(42 U.S.C. 1396d(a)(13)). 18

(vii) Such other services specified by 19

the Secretary of Health and Human Serv-20

ices. 21

(C) ELIGIBLE INDIVIDUAL.—The term ‘‘el-22

igible individual’’ means an individual who is el-23

igible for and enrolled for medical assistance 24

under a State Medicaid program and includes 25

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an individual who becomes eligible for medical 1

assistance under a State Medicaid program 2

when removed from a waiting list. 3

(D) MEDICAID PROGRAM.—The term 4

‘‘Medicaid program’’ means, with respect to a 5

State, the State program under title XIX of the 6

Social Security Act (42 U.S.C. 1396 et seq.) 7

(including any waiver or demonstration under 8

such title or under section 1115 of such Act (42 9

U.S.C. 1315) relating to such title). 10

(E) STATE.—The term ‘‘State’’ has the 11

meaning given such term for purposes of title 12

XIX of the Social Security Act (42 U.S.C. 1396 13

et seq.). 14

(b) STATE REQUIREMENTS FOR FMAP INCREASE.— 15

As conditions for receipt of the increase under subsection 16

(a) to the Federal medical assistance percentage deter-17

mined for a State, the State shall meet each of the fol-18

lowing requirements (referred to in subsection (a) as the 19

HCBS program requirements): 20

(1) SUPPLEMENT, NOT SUPPLANT.—The State 21

shall use the Federal funds attributable to the in-22

crease under subsection (a) to supplement, and not 23

supplant, the level of State funds expended for home 24

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•HR 1319 EH

and community-based services for eligible individuals 1

through programs in effect as of April 1, 2021. 2

(2) REQUIRED IMPLEMENTATION OF CERTAIN 3

ACTIVITIES.—The State shall implement, or supple-4

ment the implementation of, one or more activities 5

to enhance, expand, or strengthen home and commu-6

nity-based services under the State Medicaid pro-7

gram. 8

SEC. 3108. FUNDING FOR STATE STRIKE TEAMS FOR RESI-9

DENT AND EMPLOYEE SAFETY IN NURSING 10

FACILITIES. 11


1396r) is amended by adding at the end the following new 13

subsection: 14

‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi-15

tion to amounts otherwise available, there is appropriated 16

to the Secretary, out of any monies in the Treasury not 17


until expended, for purposes of allocating such amount 19

among the States (including the District of Columbia and 20

each territory of the United States) for such a State to 21

establish and implement a strike team that will be de-22

ployed to a nursing facility in the State with diagnosed 23

or suspected cases of COVID–19 among residents or staff 24

for the purposes of assisting with clinical care, infection 25

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control, or staffing during the emergency period described 1

in section 1135(g)(1)(B).’’. 2

SEC. 3109. SPECIAL RULE FOR THE PERIOD OF A DE-3

CLARED PUBLIC HEALTH EMERGENCY RE-4

LATED TO CORONAVIRUS. 5

(a) IN GENERAL.—Section 1923(f)(3) of the Social 6

Security Act (42 U.S.C. 1396r-4(f)(3)) is amended— 7

(1) in subparagraph (A), by striking ‘‘subpara-8

graph (E)’’ and inserting ‘‘subparagraphs (E) and 9

(F)’’ ; and 10


paragraph: 12

‘‘(F) ALLOTMENTS DURING THE 13

CORONAVIRUS TEMPORARY MEDICAID FMAP IN-14

CREASE.— 15

‘‘(i) IN GENERAL.—Notwithstanding 16

any other provision of this subsection, for 17

any fiscal year for which the Federal med-18

ical assistance percentage applicable to ex-19

penditures under this section is increased 20

pursuant to section 6008 of the Families 21

First Coronavirus Response Act, the Sec-22

retary shall recalculate the annual DSH al-23

lotment, including the DSH allotment 24

specified under paragraph (6)(A)(vi), to 25

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ensure that the total DSH payments (in-1

cluding both Federal and State shares) 2

that a State may make related to a fiscal 3

year is equal to the total DSH payments 4

that the State could have made for such 5

fiscal year without such increase to the 6

Federal medical assistance percentage. 7

‘‘(ii) NO APPLICATION TO ALLOT-8

MENTS BEGINNING AFTER COVID–19 EMER-9

GENCY PERIOD.—The DSH allotment for 10

any State for the first fiscal year beginning 11

after the end of the emergency period de-12

scribed in section 1135(g)(1)(B) or any 13

succeeding fiscal year shall be determined 14

under this paragraph without regard to the 15

DSH allotments determined under clause 16

(i).’’. 17


subsection (a) shall take effect and apply as if included 19

in the enactment of the Families First Coronavirus Re-20

sponse Act (Public Law 116–127). 21

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Subtitle C—Children’s Health 1

Insurance Program 2

SEC. 3201. MANDATORY COVERAGE OF COVID–19 VACCINES 3

AND ADMINISTRATION AND TREATMENT 4

UNDER CHIP. 5

(a) COVERAGE.— 6

(1) IN GENERAL.—Section 2103(c) of the So-7

cial Security Act (42 U.S.C. 1397cc(c)) is amended 8

by adding at the end the following paragraph: 9

‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-10

CINES AND TREATMENT.—Regardless of the type of 11

coverage elected by a State under subsection (a), the 12

child health assistance provided for a targeted low- 13

income child, and, in the case of a State that elects 14

to provide pregnancy-related assistance pursuant to 15

section 2112, the pregnancy-related assistance pro-16

vided for a targeted low-income pregnant woman (as 17

such terms are defined for purposes of such section), 18

shall include coverage, during the period beginning 19

on the date of the enactment of this paragraph and 20

ending on the last day of the first calendar quarter 21

that begins at least one year after the last day of 22

the emergency period described in section 23

1135(g)(1)(B), of— 24

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•HR 1319 EH

‘‘(A) a COVID–19 vaccine (and the admin-1

istration of the vaccine); and 2

‘‘(B) testing and treatments for COVID- 3

19, including specialized equipment and thera-4

pies (including preventive therapies), and, in 5

the case of an individual who is diagnosed with 6

or presumed to have COVID–19, during the pe-7

riod during which such individual has (or is 8

presumed to have) COVID–19, the treatment of 9

a condition that may seriously complicate the 10

treatment of COVID–19, if otherwise covered 11

under the State child health plan (or waiver of 12

such plan).’’. 13

(2) PROHIBITION OF COST SHARING.—Section 14

2103(e)(2) of the Social Security Act (42 U.S.C. 15

1397cc(e)(2)), as amended by section 6004(b)(3) of 16

the Families First Coronavirus Response Act, is 17

amended— 18

(A) in the paragraph header, by inserting 19

‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 20

before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 21

and 22

(B) by striking ‘‘visits described in section 23

1916(a)(2)(G), or’’ and inserting ‘‘services de-24

scribed in section 1916(a)(2)(G), vaccines de-25

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•HR 1319 EH

scribed in section 1916(a)(2)(H) administered 1

during the period described in such section (and 2

the administration of such vaccines), testing or 3

treatments described in section 1916(a)(2)(I) 4

furnished during the period described in such 5

section, or’’. 6

(b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 7

FOR COVERAGE AND ADMINISTRATION OF COVID–19 8

VACCINES.—Section 2105(c) of the Social Security Act 9

(42 U.S.C. 1397ee(c)) is amended by adding at the end 10

the following new paragraph: 11

‘‘(12) TEMPORARY ENHANCED PAYMENT FOR 12

COVERAGE AND ADMINISTRATION OF COVID–19 VAC-13

CINES.—During the period described in section 14

1905(hh)(2), notwithstanding subsection (b), the en-15

hanced FMAP for a State, with respect to payments 16

under subsection (a) for expenditures under the 17

State child health plan (or a waiver of such plan) for 18

a vaccine described in section 1905(a)(4)(E) (and 19

the administration of such a vaccine), shall be equal 20

to 100 percent.’’. 21

(c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 22

2104(m) of the Social Security Act (42 U.S.C. 23

1397dd(m)) is amended— 24

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•HR 1319 EH

(1) in paragraph (2)(B), in the matter pre-1

ceding clause (i), by striking ‘‘paragraphs (5) and 2

(7)’’ and inserting ‘‘paragraphs (5), (7), and (12)’’; 3

and 4

(2) by adding at the end the following new 5

paragraph: 6

‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT 7

FOR INCREASED FEDERAL PAYMENTS FOR COV-8

ERAGE AND ADMINISTRATION OF COVID–19 VAC-9

CINES.—If a State, commonwealth, or territory re-10

ceives payment for a fiscal year (beginning with fis-11

cal year 2021) under subsection (a) of section 2105 12

for expenditures that are subject to the enhanced 13

FMAP specified under subsection (c)(12) of such 14

section, the amount of the allotment determined for 15

the State, commonwealth, or territory under this 16

subsection— 17

‘‘(A) for such fiscal year shall be increased 18

by the projected expenditures for such year by 19

the State, commonwealth, or territory under the 20

State child health plan (or a waiver of such 21

plan) for vaccines described in section 22

1905(a)(4)(E) (and the administration of such 23

vaccines); and 24

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•HR 1319 EH

‘‘(B) once actual expenditures are available 1

in the subsequent fiscal year, the fiscal year al-2

lotment that was adjusted by the amount de-3

scribed in subparagraph (A) shall be adjusted 4

on the basis of the difference between— 5

‘‘(i) such projected amount of expend-6

itures described in subparagraph (A) for 7

such fiscal year described in such subpara-8

graph by the State, commonwealth, or ter-9

ritory; and 10

‘‘(ii) the actual amount of expendi-11

tures for such fiscal year described in sub-12

paragraph (A) by the State, common-13

wealth, or territory under the State child 14

health plan (or waiver of such plan) for 15

vaccines described in section 1905(a)(4)(E) 16

(and the administration of such vac-17

cines).’’. 18

SEC. 3202. MODIFICATIONS TO CERTAIN COVERAGE UNDER 19

CHIP FOR PREGNANT AND POSTPARTUM 20

WOMEN. 21

(a) MODIFICATIONS TO COVERAGE.— 22

(1) IN GENERAL.—Section 2107(e)(1) of the 23

Social Security Act (42 U.S.C. 1397gg(e)(1)) is 24

amended— 25

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•HR 1319 EH

(A) by redesignating subparagraphs (J) 1

through (S) as subparagraphs (K) through (T), 2

respectively; and 3

(B) by inserting after subparagraph (I) the 4

following new subparagraph: 5

‘‘(J) Paragraphs (5) and (16) of section 6

1902(e) (relating to the State option to provide 7

medical assistance consisting of full benefits 8

during pregnancy and throughout the 12-month 9

postpartum period under title XIX), if the 10

State provides child health assistance for tar-11

geted low-income children who are pregnant or 12

to targeted low-income pregnant women and the 13

State has elected to apply such paragraph (16) 14

with respect to pregnant women under title 15

XIX, the provision of assistance under the 16

State child health plan or waiver for targeted 17

low-income children or targeted low-income 18

pregnant women during pregnancy and the 12- 19

month postpartum period shall be required and 20

not at the option of the State and shall include 21

coverage of all items or services provided to a 22

targeted low-income child or targeted low-in-23

come pregnant woman (as applicable) under the 24

State child health plan or waiver).’’. 25

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•HR 1319 EH

(2) OPTIONAL COVERAGE OF TARGETED LOW- 1

INCOME PREGNANT WOMEN.—Section 2112(d)(2)(A) 2

of the Social Security Act (42 U.S.C. 3

1397ll(d)(2)(A)) is amended by inserting after ‘‘60- 4

day period’’ the following: ‘‘, or, in the case that 5

subparagraph (A) of section 1902(e)(16) applies to 6

the State child health plan (or waiver of such plan), 7

pursuant to section 2107(e)(1), the 12-month pe-8

riod,’’. 9

(b) EFFECTIVE DATE.—The amendments made by 10

subsection (a), shall apply with respect to State elections 11

made under paragraph (16) of section 1902(e) of the So-12

cial Security Act (42 U.S.C. 1396a(e)), as added by sec-13

tion 3102(a) of subtitle B of this title, during the 7-year 14

period beginning on the 1st day of the 1st fiscal year quar-15

ter that begins at least one year after the date of the en-16

actment of this Act. 17

Subtitle D—Other Provisions 18

CHAPTER 1—ENSURING ENVIRONMENTAL 19

HEALTH AND RATEPAYER PROTEC-20

TION DURING THE PANDEMIC 21

SEC. 3301. FUNDING FOR POLLUTION AND DISPARATE IM-22

PACTS OF THE COVID–19 PANDEMIC. 23


available, there is appropriated to the Environmental Pro-25

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•HR 1319 EH

tection Agency for fiscal year 2021, out of any money in 1


to remain available until expended, to address health out-3

come disparities from pollution and the COVID–19 pan-4

demic, of which— 5

(1) $50,000,000, shall be for grants, contracts, 6

and other agency activities that identify and address 7

disproportionate environmental or public health 8

harms and risks in minority populations or low-in-9

come populations under— 10

(A) section 103(b) of the Clean Air Act 11

(42 U.S.C. 7403(b)); 12

(B) section 1442 of the Safe Drinking 13

Water Act (42 U.S.C. 300j–1); 14

(C) section 104(k)(7)(A) of the Com-15

prehensive Environmental Response, Compensa-16

tion, and Liability Act of 1980 (42 U.S.C. 17

9604(k)(7)(A)); and 18

(D) sections 791 through 797 of the En-19

ergy Policy Act of 2005 (42 U.S.C. 16131 20

through 16137); and 21

(2) $50,000,000 shall be for grants and activi-22

ties authorized under subsections (a) through (c) of 23

section 103 of the Clean Air Act (42 U.S.C. 7403) 24

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•HR 1319 EH

and grants and activities authorized under section 1

105 of such Act (42 U.S.C. 7405). 2

(b) ADMINISTRATION OF FUNDS.— 3

(1) Of the funds made available pursuant to 4

subsection (a)(1), the Administrator shall reserve 2 5

percent for administrative costs necessary to carry 6

out activities funded pursuant to such subsection. 7

(2) Of the funds made available pursuant to 8

subsection (a)(2), the Administrator shall reserve 5 9

percent for activities funded pursuant to such sub-10

section other than grants. 11

SEC. 3302. FUNDING FOR LIHEAP. 12


appropriated for fiscal year 2021, out of any amounts in 14


to remain available through September 30, 2022, for addi-16

tional funding to provide payments under section 2602(b) 17

of the Low-Income Home Energy Assistance Act of 1981 18

(42 U.S.C. 8621(b)), except that— 19

(1) $2,250,000,000 of such amounts shall be 20

allocated as though the total appropriation for such 21

payments for fiscal year 2021 was less than 22

$1,975,000,000; and 23

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(2) section 2607(b)(2)(B) of such Act (42 1

U.S.C. 8626(b)(2)(B)) shall not apply to funds ap-2

propriated under this section for fiscal year 2021. 3

SEC. 3303. FUNDING FOR WATER ASSISTANCE PROGRAM. 4


available, there is appropriated to the Secretary of Health 6

and Human Services for fiscal year 2021, out of any 7


$500,000,000, to remain available until expended, for 9

grants to States and Indian Tribes to assist low-income 10

households, particularly those with the lowest incomes, 11

that pay a high proportion of household income for drink-12

ing water and wastewater services, by providing funds to 13

owners or operators of public water systems or treatment 14

works to reduce arrearages of and rates charged to such 15

households for such services. 16

(b) ALLOTMENT.—The Secretary shall— 17

(1) allot amounts appropriated in this section to 18

a State or Indian Tribe based on— 19

(A) the percentage of households in the 20

State, or under the jurisdiction of the Indian 21

Tribe, with income equal or less than 150 per-22

cent of the Federal poverty line; and 23

(B) the percentage of households in the 24

State, or under the jurisdiction of the Indian 25

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Tribe, that spend more than 30 percent of 1

monthly income on housing; and 2

(2) reserve up to 3 percent of the amount ap-3

propriated in this section for Indian Tribes and trib-4

al organizations. 5

CHAPTER 2—DISTANCE LEARNING AND 6

CONSUMER PROTECTION DURING THE 7

COVID–19 PANDEMIC 8

SEC. 3311. FUNDING FOR CONSUMER PRODUCT SAFETY 9

FUND TO PROTECT CONSUMERS FROM PO-10

TENTIALLY DANGEROUS PRODUCTS RE-11

LATED TO COVID–19. 12


wise available, there is appropriated to the Consumer 14

Product Safety Commission for fiscal year 2021, out of 15



2026, for the purposes described in subsection (b). 18

(b) PURPOSES.—The funds made available in sub-19

section (a) shall only be used for purposes of the Con-20

sumer Product Safety Commission to— 21

(1) carry out the requirements in title XX of di-22

vision FF of the Consolidated Appropriations Act, 23

2021 (Public Law 116–260); 24

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(2) enhance targeting, surveillance, and screen-1

ing of consumer products, particularly COVID–19 2

products, entering the United States at ports of 3

entry, including ports of entry for de minimis ship-4

ments; 5

(3) enhance monitoring of internet websites for 6

the offering for sale of new and used violative con-7

sumer products, particularly COVID–19 products, 8

and coordination with retail and resale websites to 9

improve identification and elimination of listings of 10

such products; 11

(4) increase awareness and communication par-12

ticularly of COVID–19 product related risks and 13

other consumer product safety information; and 14

(5) improve the Commission’s data collection 15

and analysis system especially with a focus on con-16

sumer product safety risks resulting from the 17

COVID–19 pandemic to socially disadvantaged indi-18

viduals and other vulnerable populations. 19

(c) DEFINITIONS.—In this section— 20

(1) the term ‘‘Commission’’ means the Con-21

sumer Product Safety Commission; 22

(2) the term ‘‘violative consumer products’’ 23

means consumer products in violation of an applica-24

ble consumer product safety standard under the 25

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Consumer Product Safety Act (15 U.S.C. 2051 et 1

seq.) or any similar rule, regulation, standard, or 2

ban under any other Act enforced by the Commis-3

sion; 4

(3) the term ‘‘COVID–19 emergency period’’ 5

means the period during which a public health emer-6

gency declared pursuant to section 319 of the Public 7

Health Service Act (42 U.S.C. 247d) with respect to 8

the 2019 novel coronavirus (COVID–19), including 9

under any renewal of such declaration, is in effect; 10

and 11

(4) the term ‘‘COVID–19 products’’ means con-12

sumer products, as defined by section 3(a)(5) of the 13

Consumer Product Safety Act (15 U.S.C. 14

2052(a)(5)), whose risks have been significantly af-15

fected by COVID–19 or whose sales have materially 16

increased during the COVID–19 emergency period 17

as a result of the COVID–19 pandemic. 18

SEC. 3312. FUNDING FOR E-RATE SUPPORT FOR EMER-19

GENCY EDUCATIONAL CONNECTIONS AND 20

DEVICES. 21

(a) REGULATIONS REQUIRED.—Not later than 60 22

days after the date of the enactment of this Act, the Com-23

mission shall promulgate regulations providing for the 24

provision, from amounts made available from the Emer-25

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gency Connectivity Fund, of support under paragraphs 1

(1)(B) and (2) of section 254(h) of the Communications 2

Act of 1934 (47 U.S.C. 254(h)) to an eligible school or 3

library, for the purchase during a COVID–19 emergency 4

period of eligible equipment or advanced telecommuni-5

cations and information services (or both), for use by— 6

(1) in the case of a school, students and staff 7

of the school at locations that include locations other 8

than the school; and 9

(2) in the case of a library, patrons of the li-10

brary at locations that include locations other than 11

the library. 12

(b) SUPPORT AMOUNT.—In providing support under 13

the covered regulations, the Commission shall reimburse 14

100 percent of the costs associated with the eligible equip-15

ment, advanced telecommunications and information serv-16

ices, or eligible equipment and advanced telecommuni-17

cations and information services, except that any reim-18

bursement of a school or library for the costs associated 19

with any eligible equipment may not exceed an amount 20

that the Commission determines, with respect to the re-21

quest by the school or library for the reimbursement, is 22

reasonable. 23

(c) EMERGENCY CONNECTIVITY FUND.— 24

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(1) ESTABLISHMENT.—There is established in 1

the Treasury of the United States a fund to be 2

known as the ‘‘Emergency Connectivity Fund’’. 3


otherwise available, there is appropriated to the 5

Emergency Connectivity Fund for fiscal year 2021, 6

out of any money in the Treasury not otherwise ap-7

propriated— 8

(A) $7,599,000,000, to remain available 9

until September 30, 2030, for— 10

(i) the provision of support under the 11

covered regulations; and 12

(ii) the Commission to adopt, and the 13

Commission and the Universal Service Ad-14

ministrative Company to administer, the 15

covered regulations; and 16

(B) $1,000,000, to remain available until 17

September 30, 2030, for the Inspector General 18

of the Commission to conduct oversight of sup-19

port provided under the covered regulations. 20

(3) LIMITATION.—Not more than 2 percent of 21

the amount made available under paragraph (2)(A) 22

may be used for the purposes described in clause (ii) 23

of such paragraph. 24

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(4) RELATIONSHIP TO UNIVERSAL SERVICE 1

CONTRIBUTIONS.—Support provided under the cov-2

ered regulations shall be provided from amounts 3

made available from the Emergency Connectivity 4

Fund and not from contributions under section 5

254(d) of the Communications Act of 1934 (47 6

U.S.C. 254(d)). 7


(1) ADVANCED TELECOMMUNICATIONS AND IN-9

FORMATION SERVICES.—The term ‘‘advanced tele-10

communications and information services’’ means 11

advanced telecommunications and information serv-12

ices, as such term is used in section 254(h) of the 13

Communications Act of 1934 (47 U.S.C. 254(h)). 14

(2) COMMISSION.—The term ‘‘Commission’’ 15

means the Federal Communications Commission. 16

(3) CONNECTED DEVICE.—The term ‘‘con-17

nected device’’ means a laptop computer, tablet com-18

puter, or similar end-user device that is capable of 19

connecting to advanced telecommunications and in-20

formation services. 21

(4) COVERED REGULATIONS.—The term ‘‘cov-22

ered regulations’’ means the regulations promul-23

gated under subsection (a). 24

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(5) COVID–19 EMERGENCY PERIOD.—The 1

term ‘‘COVID–19 emergency period’’ means a pe-2

riod that— 3

(A) begins on the date of a determination 4

by the Secretary of Health and Human Services 5

pursuant to section 319 of the Public Health 6

Service Act (42 U.S.C. 247d) that a public 7

health emergency exists as a result of COVID– 8

19; and 9

(B) ends on the June 30 that first occurs 10

after the date that is 1 year after the date on 11

which such determination (including any re-12

newal thereof) terminates. 13

(6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 14

equipment’’ means the following: 15

(A) Wi-Fi hotspots. 16

(B) Modems. 17

(C) Routers. 18

(D) Devices that combine a modem and 19

router. 20

(E) Connected devices. 21

(7) ELIGIBLE SCHOOL OR LIBRARY.—The term 22

‘‘eligible school or library’’ means an elementary 23

school, secondary school, or library (including a 24

Tribal elementary school, Tribal secondary school, or 25

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Tribal library) eligible for support under paragraphs 1

(1)(B) and (2) of section 254(h) of the Communica-2

tions Act of 1934 (47 U.S.C. 254(h)). 3

(8) EMERGENCY CONNECTIVITY FUND.—The 4

term ‘‘Emergency Connectivity Fund’’ means the 5

fund established under subsection (c)(1). 6

(9) LIBRARY.—The term ‘‘library’’ includes a 7

library consortium. 8

(10) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-9

less networking protocol based on Institute of Elec-10

trical and Electronics Engineers standard 802.11 11

(or any successor standard). 12

(11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 13

hotspot’’ means a device that is capable of— 14

(A) receiving advanced telecommunications 15

and information services; and 16

(B) sharing such services with a connected 17

device through the use of Wi-Fi. 18

CHAPTER 3—OVERSIGHT OF DEPART-19

MENT OF COMMERCE PREVENTION 20

AND RESPONSE TO COVID–19 21

SEC. 3321. FUNDING FOR DEPARTMENT OF COMMERCE IN-22

SPECTOR GENERAL. 23


appropriated to the Office of the Inspector General of the 25

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Department of Commerce for fiscal year 2021, out of any 1


$3,000,000, to remain available until September 30, 2022, 3

for oversight of activities supported with funds appro-4

priated to the Department of Commerce to prevent, pre-5

pare for, and respond to COVID–19. 6

TITLE IV—COMMITTEE ON 7

FINANCIAL SERVICES 8

Subtitle A—Defense Production Act 9

of 1950 10

SEC. 4001. COVID–19 EMERGENCY MEDICAL SUPPLIES EN-11

HANCEMENT. 12

(a) SUPPORTING ENHANCED USE OF THE DEFENSE 13

PRODUCTION ACT OF 1950.—In addition to funds other-14

wise available, there is appropriated, for fiscal year 2021, 15


priated, $10,000,000,000, notwithstanding section 304(e) 17

of the Defense Production Act of 1950 (50 U.S.C. 18

4534(e)), to remain available until September 30, 2025, 19

to carry out titles I, III, and VII of such Act in accordance 20

with subsection (b). 21

(b) MEDICAL SUPPLIES AND EQUIPMENT.— 22

(1) TESTING, PPE, VACCINES, AND OTHER MA-23

TERIALS.—Except as provided in paragraph (2), 24

amounts appropriated in subsection (a) shall be used 25

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•HR 1319 EH

for the purchase, production (including the construc-1

tion, repair, and retrofitting of government-owned or 2

private facilities as necessary), or distribution of 3

medical supplies and equipment (including durable 4

medical equipment) related to combating the 5

COVID–19 pandemic, including— 6

(A) in vitro diagnostic products for the de-7

tection of SARS-CoV-2 or the diagnosis of the 8

virus that causes COVID–19, and the reagents 9

and other materials necessary for producing, 10

conducting, or administering such products, and 11

the machinery, equipment, laboratory capacity, 12

or other technology necessary to produce such 13

products; 14

(B) face masks and personal protective 15

equipment, including face shields, nitrile gloves, 16

N–95 filtering facepiece respirators, and any 17

other masks or equipment (including durable 18

medical equipment) needed to respond to the 19

COVID–19 pandemic, and the materials, ma-20

chinery, additional manufacturing lines or fa-21

cilities, or other technology necessary to 22

produce such equipment; and 23

(C) drugs, devices, and biological products 24

that are approved, cleared, licensed, or author-25

206

•HR 1319 EH

ized under either of such Acts for use in treat-1

ing or preventing COVID–19 and symptoms re-2

lated to COVID–19, and any materials, manu-3

facturing machinery, additional manufacturing 4

or fill-finish lines or facilities, technology, or 5

equipment (including durable medical equip-6

ment) necessary to produce or use such drugs, 7

biological products, or devices (including sy-8

ringes, vials, or other supplies or equipment re-9

lated to delivery, distribution, or administra-10

tion). 11

(2) RESPONDING TO PUBLIC HEALTH EMER-12

GENCIES.—After September 30, 2022, amounts ap-13

propriated in subsection (a) may be used for any ac-14

tivity authorized by paragraph (1), or any other ac-15

tivity necessary to meet critical public health needs 16

of the United States, with respect to any pathogen 17

that the President has determined has the potential 18

for creating a public health emergency. 19

Subtitle B—Housing Provisions 20

SEC. 4101. EMERGENCY RENTAL ASSISTANCE. 21

(a) FUNDING.— 22


otherwise available, there is appropriated to the Sec-24

retary of the Treasury for fiscal year 2021, out of 25

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any money in the Treasury not otherwise appro-1

priated, $20,250,000,000, to remain available until 2

September 30, 2027, for making payments to eligi-3

ble grantees under this section— 4

(2) RESERVATION OF FUNDS.—Of the amount 5

appropriated under paragraph (1), the Secretary 6

shall reserve— 7

(A) $305,000,000 for making payments 8

under this section to the Commonwealth of 9

Puerto Rico, the United States Virgin Islands, 10

Guam, the Commonwealth of the Northern 11

Mariana Islands, and American Samoa; 12

(B) $30,000,000 for costs of the Secretary 13

for the administration of emergency rental as-14

sistance programs and technical assistance to 15

recipients of any grants made by the Secretary 16

to provide financial and other assistance to 17

renters; 18

(C) $3,000,000 for administrative expenses 19

of the Inspector General relating to oversight of 20

funds provided in this section; and 21

(D) $1,200,000,000 for payments to high- 22

need grantees as provided in this section. 23

(b) ALLOCATION FOR RENTAL AND UTILITY ASSIST-24

ANCE.— 25

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(1) ALLOCATION FOR STATES AND UNITS OF 1

LOCAL GOVERNMENT.— 2

(A) IN GENERAL.—The amount appro-3

priated under paragraph (1) of subsection (a) 4

that remains after the application of paragraph 5

(2) of such subsection shall be allocated to eligi-6

ble grantees described in subparagraphs (A) 7

and (B) of subsection (f)(1) in the same man-8

ner as the amount appropriated under section 9

501 of subtitle A of title V of division N of the 10

Consolidated Appropriations Act, 2021 (Public 11

Law 116–260) is allocated to States and units 12

of local government under subsection (b)(1) of 13

such section, except that section 501(b) of such 14

subtitle A shall be applied— 15

(i) without regard to clause (i) of 16

paragraph (1)(A); 17

(ii) by deeming the amount appro-18

priated under paragraph (1) of subsection 19

(a) of this Act that remains after the ap-20

plication of paragraph (2) of such sub-21

section to be the amount deemed to apply 22

for purposes of applying clause (ii) of sec-23

tion 501(b)(1)(A) of such subtitle A; 24

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•HR 1319 EH

(iii) by substituting ‘‘$152,000,000’’ 1

for ‘‘$200,000,000’’ each place such term 2

appears; 3

(iv) in subclause (I) of such section 4

501(b)(1)(A)(v), by substituting ‘‘under 5

section 4101 of the American Rescue Plan 6

Act of 2021’’ for ‘‘under section 501 of 7

subtitle A of title V of division N of the 8

Consolidated Appropriations Act, 2021’’; 9

and 10

(v) in subclause (II) of such section 11

501(b)(1)(A)(v), by substituting ‘‘local 12

government elects to receive funds from 13

the Secretary under section 4101 of the 14

American Rescue Plan Act of 2021 and 15

will use the funds in a manner consistent 16

with such section’’ for ‘‘local government 17

elects to receive funds from the Secretary 18

under section 501 of subtitle A of title V 19

of division N of the Consolidated Appro-20

priations Act, 2021 and will use the funds 21

in a manner consistent with such section’’. 22

(B) PRO RATA ADJUSTMENT.—The Sec-23

retary shall make pro rata adjustments in the 24

amounts of the allocations determined under 25

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•HR 1319 EH

subparagraph (A) of this paragraph for entities 1

described in such subparagraph as necessary to 2

ensure that the total amount of allocations 3

made pursuant to such subparagraph does not 4

exceed the remainder appropriated amount de-5

scribed in such subparagraph. 6

(2) ALLOCATIONS FOR TERRITORIES.—The 7

amount reserved under subsection (a)(2)(A) shall be 8

allocated to eligible grantees described in subsection 9

(f)(1)(C) in the same manner as the amount appro-10

priated under section 501(a)(2)(A) of subtitle A of 11

title V of division N of the Consolidated Appropria-12

tions Act, 2021 (Public Law 116–260) is allocated 13

under section 501(b)(3) of such subtitle A to eligible 14

grantees under subparagraph (C) of such section 15

501(b)(3), except that section 501(b)(3) of such sub-16

title A shall be applied— 17

(A) in subparagraph (A), by inserting ‘‘of 18

this Act’’ after ‘‘the amount reserved under 19

subsection (a)(2)(A)’’; and 20

(B) in clause (i) of subparagraph (B), by 21

substituting ‘‘the amount equal to 0.3 percent 22

of the amount appropriated under subsection 23

(a)(1)’’ with ‘‘the amount equal to 0.3 percent 24

211

•HR 1319 EH

of the amount appropriated under subsection 1

(a)(1) of this Act’’. 2

(3) HIGH-NEED GRANTEES.—The Secretary 3

shall allocate funds reserved under subsection 4

(a)(2)(D) to eligible grantees with a high need for 5

assistance under this section as evidenced by the 6

number of very low-income renter households paying 7

more than 50 percent of income on rent or living in 8

substandard or overcrowded conditions, rental mar-9

ket costs, and employment trends. 10

(c) PAYMENT SCHEDULE.— 11

(1) IN GENERAL.—The Secretary shall pay all 12

eligible grantees not less than 40 percent of each 13

such eligible grantee’s total allocation provided 14

under subsection (b) within 60 days of enactment of 15

this Act. 16

(2) SUBSEQUENT PAYMENTS.—The Secretary 17

shall pay to eligible grantees additional amounts in 18

tranches up to the full amount of each such eligible 19

grantee’s total allocation in accordance with a proce-20

dure established by the Secretary, provided that any 21

such procedure established by the Secretary shall re-22

quire that an eligible grantee must have obligated 23

not less than 75 percent of the funds already dis-24

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•HR 1319 EH

bursed by the Secretary pursuant to this section 1

prior to disbursement of additional amounts. 2

(d) USE OF FUNDS.— 3

(1) IN GENERAL.—An eligible grantee shall 4

only use the funds provided from payments made 5

under this section as follows: 6

(A) FINANCIAL ASSISTANCE.— 7

(i) IN GENERAL.—Subject to clause 8

(ii) of this subparagraph, funds received by 9

an eligible grantee from payments made 10

under this section shall be used to provide 11

financial assistance to eligible households, 12

not to exceed 18 months, including the 13

payment of— 14

(I) rent; 15

(II) rental arrears; 16

(III) utilities and home energy 17

costs; 18

(IV) utilities and home energy 19

costs arrears; and 20

(V) other expenses related to 21

housing, as defined by the Secretary. 22

(ii) LIMITATION.—The aggregate 23

amount of financial assistance an eligible 24

household may receive under this section, 25

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•HR 1319 EH

when combined with financial assistance 1

provided under section 501 of subtitle A of 2

title V of division N of the Consolidated 3

Appropriations Act, 2021 (Public Law 4

116–260), shall not exceed 18 months. 5

(B) HOUSING STABILITY SERVICES.—Not 6

more than 10 percent of funds received by an 7

eligible grantee from payments made under this 8

section may be used to provide case manage-9

ment and other services intended to help keep 10

households stably housed. 11

(C) ADMINISTRATIVE COSTS.—Not more 12

than 15 percent of the total amount paid to an 13

eligible grantee under this section may be used 14

for administrative costs attributable to pro-15

viding financial assistance, housing stability 16

services, and other affordable rental housing 17

and eviction prevention activities, including for 18

data collection and reporting requirements re-19

lated to such funds. 20

(D) OTHER AFFORDABLE RENTAL HOUS-21

ING AND EVICTION PREVENTION ACTIVITIES.— 22

An eligible grantee may use any funds from 23

payments made under this section that are un-24

obligated on October 1, 2022, for purposes in 25

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•HR 1319 EH

addition to those specified in this paragraph, 1

provided that— 2

(i) such other purposes are affordable 3

housing purposes, as defined by the Sec-4

retary, serving very low-income families (as 5

such term is defined in section 3(b) of the 6

United States Housing Act of 1937 (42 7

U.S.C. 1437a(b))); and 8

(ii) prior to obligating any funds for 9

such purposes, the eligible grantee has ob-10

ligated not less than 75 percent of the 11

total funds allocated to such eligible grant-12

ee in accordance with this section. 13

(2) DISTRIBUTION OF ASSISTANCE.—Amounts 14

appropriated under subsection (a)(1) of this section 15

shall be subject to the same terms and conditions 16

that apply under paragraph (4) of section 501(c) of 17

subtitle A of title V of division N of the Consolidated 18

Appropriations Act, 2021 (Public Law 116–260) to 19

amounts appropriated under subsection (a)(1) of 20

such section 501. 21

(e) REALLOCATION OF FUNDS.— 22

(1) IN GENERAL.—Beginning March 31, 2022, 23

the Secretary shall reallocate funds allocated to eligi-24

ble grantees in accordance with subsection (b) but 25

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•HR 1319 EH

not yet paid in accordance with subsection (c)(2) ac-1

cording to a procedure established by the Secretary. 2

(2) ELIGIBILITY FOR REALLOCATED FUNDS.— 3

The Secretary shall require an eligible grantee to 4

have obligated 50 percent of the total amount of 5

funds allocated to such eligible grantee under sub-6

section (b) to be eligible to receive funds reallocated 7

under paragraph (1) of this subsection. 8

(3) PAYMENT OF REALLOCATED FUNDS BY THE 9

SECRETARY.—The Secretary shall pay to each eligi-10

ble grantee eligible for a payment of reallocated 11

funds described in paragraph (2) of this subsection 12

the amount allocated to such eligible grantee in ac-13

cordance with the procedure established by the Sec-14

retary in accordance with paragraph (2) of this sub-15

section. 16

(4) USE OF REALLOCATED FUNDS.—Eligible 17

grantees may use any funds received in accordance 18

with this subsection only for purposes specified in 19

paragraph (1) of subsection (d). 20

(f) DEFINITIONS.—In this section: 21

(1) ELIGIBLE GRANTEE.—The term ‘‘eligible 22

grantee’’ means any of the following: 23

(A) The 50 States of the United States 24

and the District of Columbia. 25

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•HR 1319 EH

(B) A unit of local government (as defined 1

in paragraph (5)). 2

(C) The Commonwealth of Puerto Rico, 3

the United States Virgin Islands, Guam, the 4

Commonwealth of the Northern Mariana Is-5

lands, and American Samoa. 6

(2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 7

household’’ means a household of 1 or more individ-8

uals who are obligated to pay rent on a residential 9

dwelling and with respect to which the eligible grant-10

ee involved determines that— 11

(A) 1 or more individuals within the house-12

hold has— 13

(i) qualified for unemployment bene-14

fits; or 15

(ii) experienced a reduction in house-16

hold income, incurred significant costs, or 17

experienced other financial hardship during 18

or due, directly or indirectly, to the 19

coronavirus pandemic; 20

(B) 1 or more individuals within the 21

household can demonstrate a risk of experi-22

encing homelessness or housing instability; and 23

(C) the household is a low-income family 24

(as such term is defined in section 3(b) of the 25

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•HR 1319 EH

United States Housing Act of 1937 (42 U.S.C. 1

1437a(b)). 2

(3) INSPECTOR GENERAL.—The term ‘‘Inspec-3

tor General’’ means the Inspector General of the De-4

partment of the Treasury. 5


the Secretary of the Treasury. 7

(5) UNIT OF LOCAL GOVERNMENT.—The term 8

‘‘unit of local government’’ has the meaning given 9

such term in section 501 of subtitle A of title V of 10

division N of the Consolidated Appropriations Act, 11

2021 (Public Law 116–260). 12

(g) AVAILABILITY.—Funds provided to an eligible 13

grantee under a payment made under this section shall 14

remain available through September 30, 2025. 15

(h) EXTENSION OF AVAILABILITY UNDER PROGRAM 16

FOR EXISTING FUNDING.—Paragraph (1) of section 17

501(e) of subtitle A of title V of division N of the Consoli-18

dated Appropriations Act, 2021 (Public Law 116–260) is 19

amended by striking ‘‘December 31, 2021’’ and inserting 20

‘‘September 30, 2022’’. 21

SEC. 4102. EMERGENCY HOUSING VOUCHERS. 22



Housing and Urban Development (in this section referred 25

218

•HR 1319 EH

to as the ‘‘Secretary’’) for fiscal year 2021, out of any 1


$5,000,000,000, to remain available until September 30, 3

2030, for— 4

(1) incremental emergency vouchers under sub-5

section (b); 6

(2) renewals of the vouchers under subsection 7

(b); 8

(3) fees for the costs of administering vouchers 9

under subsection (b) and other eligible expenses de-10

fined by notice to prevent, prepare, and respond to 11

coronavirus to facilitate the leasing of the emergency 12

vouchers, such as security deposit assistance and 13

other costs related to retention and support of par-14

ticipating owners; and 15

(4) adjustments in the calendar year 2021 sec-16

tion 8 renewal funding allocation, including main-17

stream vouchers, for public housing agencies that ex-18

perience a significant increase in voucher per-unit 19

costs due to extraordinary circumstances or that, de-20

spite taking reasonable cost savings measures, would 21

otherwise be required to terminate rental assistance 22

for families as a result of insufficient funding. 23

(b) EMERGENCY VOUCHERS.— 24

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(1) IN GENERAL.—The Secretary shall provide 1

emergency rental assistance vouchers under sub-2

section (a), which shall be tenant-based rental assist-3

ance under section 8(o) of the United States Hous-4

ing Act of 1937 (42 U.S.C. 1437f(o)). 5

(2) QUALIFYING INDIVIDUALS OR FAMILIES DE-6

FINED.—For the purposes of this section, qualifying 7

individuals or families are those who are— 8

(A) homeless (as such term is defined in 9

section 103(a) of the McKinney-Vento Home-10

less Assistance Act (42 U.S.C. 11302(a)); 11

(B) at risk of homelessness (as such term 12

is defined in section 401(1) of the McKinney- 13

Vento Homeless Assistance Act (42 U.S.C. 14

11360(1))); 15

(C) fleeing, or attempting to flee, domestic 16

violence, dating violence, sexual assault, stalk-17

ing, or human trafficking, as defined by the 18

Secretary; or 19

(D) recently homeless, as determined by 20

the Secretary, and for whom providing rental 21

assistance will prevent the family’s homeless-22

ness or having high risk of housing instability. 23

(3) ALLOCATION.—The Secretary shall notify 24

public housing agencies of the number of emergency 25

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•HR 1319 EH

vouchers provided under this section to be allocated 1

to the agency not later than 60 days after the date 2

of the enactment of this Act, in accordance with a 3

formula that includes public housing agency capacity 4

and ensures geographic diversity, including with re-5

spect to rural areas, among public housing agencies 6

administering the Housing Choice Voucher program. 7

(4) TERMS AND CONDITIONS.— 8

(A) ELECTION TO ADMINISTER.—The Sec-9

retary shall establish a procedure for public 10

housing agencies to accept or decline the emer-11

gency vouchers allocated to the agency in ac-12

cordance with the formula under subparagraph 13

(3). 14

(B) FAILURE TO USE VOUCHERS PROMPT-15

LY.—If a public housing agency fails to lease 16

its authorized vouchers under subsection (b) on 17

behalf of eligible families within a reasonable 18

period of time, the Secretary may revoke and 19

redistribute any unleased vouchers and associ-20

ated funds, including administrative fees and 21

costs referred to in subsection (a)(3), to other 22

public housing agencies according to the for-23

mula under paragraph (3). 24

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•HR 1319 EH

(5) WAIVERS AND ALTERNATIVE REQUIRE-1

MENTS.—The Secretary may waive or specify alter-2

native requirements for any provision of the United 3

States Housing Act of 1937 (42 U.S.C. 1437 et 4

seq.) or regulation applicable to such statute other 5

than requirements related to fair housing, non-6

discrimination, labor standards, and the environ-7

ment, upon a finding that the waiver or alternative 8

requirement is necessary to expedite or facilitate the 9

use of amounts made available in this section. 10

(6) TERMINATION OF VOUCHERS UPON TURN-11

OVER.—After September 30, 2023, a public housing 12

agency may not reissue any vouchers made available 13

under this section when assistance for the family as-14

sisted ends. 15

(c) TECHNICAL ASSISTANCE AND OTHER COSTS.— 16

The Secretary may use not more $20,000,000 of the 17

amounts made available under this section for the costs 18

to the Secretary of administering and overseeing the im-19

plementation of this section and the Housing Choice 20

Voucher program generally, including information tech-21

nology, financial reporting, and other costs. Of the 22

amounts set aside under this subsection, the Secretary 23

may use not more than $10,000,000, without competition, 24

to make new awards or increase prior awards to existing 25

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technical assistance providers to provide an immediate in-1

crease in capacity building and technical assistance to 2

public housing agencies. 3

(d) IMPLEMENTATION.—The Secretary may imple-4

ment the provisions of this section by notice. 5

SEC. 4103. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 6


appropriated to the Secretary of Agriculture for fiscal year 8


propriated, $100,000,000, to remain available until Sep-10

tember 30, 2022, to provide grants under section 11

521(a)(2) of the Housing Act of 1949 or agreements en-12

tered into in lieu of debt forgiveness or payments for eligi-13

ble households as authorized by section 502(c)(5)(D) of 14

the Housing Act of 1949, for temporary adjustment of in-15

come losses for residents of housing financed or assisted 16

under section 514, 515, or 516 of the Housing Act of 17

1949 who have experienced income loss but are not cur-18

rently receiving Federal rental assistance. 19

SEC. 4104. HOUSING ASSISTANCE AND SUPPORTIVE SERV-20

ICES PROGRAMS FOR NATIVE AMERICANS. 21





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2025, to prevent, prepare for, and respond to coronavirus, 3

for activities and assistance authorized under title I of the 4

Native American Housing Assistance and Self-Determina-5

tion Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 6

under title VIII of NAHASDA (25 U.S.C. 4221 et seq.), 7

and under section 106(a)(1) of the Housing and Commu-8

nity Development Act of 1974 with respect to Indian 9

tribes (42 U.S.C. 5301 et seq.), which shall be made avail-10

able as follows: 11

(1) HOUSING BLOCK GRANTS.—$455,000,000 12

shall be available for the Native American Housing 13

Block Grants and Native Hawaiian Housing Block 14

Grant programs, as authorized under titles I and 15

VIII of NAHASDA, subject to the following terms 16

and conditions: 17

(A) FORMULA.—Of the amounts made 18

available under this paragraph, $450,000,000 19

shall be for grants under title I of NAHASDA 20

and shall be distributed according to the same 21

funding formula used in fiscal year 2021. 22

(B) NATIVE HAWAIIANS.—Of the amounts 23

made available under this paragraph, 24

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$5,000,000 shall be for grants under title VIII 1

of NAHASDA. 2

(C) USE.—Amounts made available under 3

this paragraph shall be used by recipients to 4

prevent, prepare for, and respond to 5

coronavirus, including to maintain normal oper-6

ations and fund eligible affordable housing ac-7

tivities under NAHASDA during the period 8

that the program is impacted by coronavirus. In 9

addition, amounts made available under sub-10

paragraph (B) shall be used to provide rental 11

assistance to eligible Native Hawaiian families 12

both on and off the Hawaiian Home Lands. 13

(D) TIMING OF OBLIGATIONS.—Amounts 14

made available under this paragraph shall be 15

used, as necessary, to cover or reimburse allow-16

able costs to prevent, prepare for, and respond 17

to coronavirus that are incurred by a recipient, 18

including for costs incurred as of January 21, 19

2020. 20

(E) WAIVERS OR ALTERNATIVE REQUIRE-21

MENTS.—The Secretary may waive or specify 22

alternative requirements for any provision of 23

NAHASDA (25 U.S.C. 4101 et seq.) or regula-24

tion applicable to the Native American Housing 25

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Block Grant or Native Hawaiian Housing Block 1

Grant program other than requirements related 2

to fair housing, nondiscrimination, labor stand-3

ards, and the environment, upon a finding that 4

the waiver or alternative requirement is nec-5

essary to expedite or facilitate the use of 6

amounts made available under this paragraph. 7

(F) UNOBLIGATED AMOUNTS.—Amounts 8

made available under this paragraph which are 9

not accepted, are voluntarily returned, or other-10

wise recaptured for any reason shall be used to 11

fund grants under paragraph (2). 12

(2) INDIAN COMMUNITY DEVELOPMENT BLOCK 13

GRANTS.—$280,000,000 shall be available for grants 14

under title I of the Housing and Community Devel-15

opment Act of 1974, subject to the following terms 16

and conditions: 17

(A) USE.—Amounts made available under 18

this paragraph shall be used, without competi-19

tion, for emergencies that constitute imminent 20

threats to health and safety and are designed to 21

prevent, prepare for, and respond to 22

coronavirus. 23

(B) PLANNING.—Not to exceed 20 percent 24

of any grant made with funds made available 25

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under this paragraph shall be expended for 1

planning and management development and ad-2

ministration. 3

(C) TIMING OF OBLIGATIONS.—Amounts 4

made available under this paragraph shall be 5

used, as necessary, to cover or reimburse allow-6

able costs to prevent, prepare for, and respond 7

to coronavirus incurred by a recipient, including 8

for costs incurred as of January 21, 2020. 9

(D) INAPPLICABILITY OF PUBLIC SERVICES 10

CAP.—Indian tribes may use up to 100 percent 11

of any grant from amounts made available 12

under this paragraph for public services activi-13

ties to prevent, prepare for, and respond to 14

coronavirus. 15

(E) WAIVERS OR ALTERNATIVE REQUIRE-16

MENTS.—The Secretary may waive or specify 17

alternative requirements for any provision of 18

title I of the Housing and Community Develop-19

ment Act of 1974 (42 U.S.C. 5301 et seq.) or 20

regulation applicable to the Indian Community 21

Development Block Grant program other than 22

requirements related to fair housing, non-23

discrimination, labor standards, and the envi-24

ronment, upon a finding that the waiver or al-25

227

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ternative requirement is necessary to expedite 1

or facilitate the use of amounts made available 2


(3) TECHNICAL ASSISTANCE.—$10,000,000 4

shall be used, without competition, to make new 5

awards or increase prior awards to existing technical 6

assistance providers to provide an immediate in-7

crease in training and technical assistance to Indian 8

tribes, Indian housing authorities, tribally des-9

ignated housing entities, and recipients under title 10

VIII of NAHASDA for activities under this section. 11

(4) OTHER COSTS.—$5,000,000 shall be used 12

for the administrative costs to oversee and admin-13

ister the implementation of this section, and pay for 14

associated information technology, financial report-15

ing, and other costs. 16

SEC. 4105. HOUSING COUNSELING. 17


wise available, there is appropriated to the Neighborhood 19

Reinvestment Corporation (in this section referred to as 20

the ‘‘Corporation’’) for fiscal year 2021, out of any money 21

in the Treasury not otherwise appropriated, 22


2025, for grants to housing counseling intermediaries ap-24

proved by the Department of Housing and Urban Devel-25

228

•HR 1319 EH

opment, State housing finance agencies, and 1

NeighborWorks organizations for providing housing coun-2

seling services, as authorized under the Neighborhood Re-3

investment Corporation Act (42 U.S.C. 8101-8107) and 4

consistent with the discretion set forth in section 5

606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to design 6

and administer grant programs. Of the grant funds made 7

available under this subsection, not less than 40 percent 8

shall be provided to counseling organizations that— 9

(1) target housing counseling services to minor-10

ity and low-income populations facing housing insta-11

bility; or 12

(2) provide housing counseling services in 13

neighborhoods having high concentrations of minor-14

ity and low-income populations. 15

(b) LIMITATION.—The aggregate amount provided to 16

NeighborWorks organizations under this section shall not 17

exceed 15 percent of the total of grant funds made avail-18

able by subsection (a). 19

(c) ADMINISTRATION AND OVERSIGHT.—The Cor-20

poration may retain a portion of the amounts provided 21

under this section, in a proportion consistent with its 22

standard rate for program administration in order to cover 23

its expenses related to program administration and over-24

sight. 25

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(d) HOUSING COUNSELING SERVICES DEFINED.— 1

For the purposes of this section, the term ‘‘housing coun-2

seling services’’ means— 3

(1) housing counseling provided directly to 4

households facing housing instability, such as evic-5

tion, default, foreclosure, loss of income, or home-6

lessness; 7

(2) education, outreach, training, technology 8

upgrades, and other program related support; and 9

(3) operational oversight funding for grantees 10

and subgrantees that receive funds under this sec-11

tion. 12

SEC. 4106. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 13

SERVICES PROGRAM. 14







2025, except that amounts authorized under subsection 21

(d)(3) shall remain available until September 30, 2029, 22

for assistance under title II of the Cranston-Gonzalez Na-23

tional Affordable Housing Act (42 U.S.C. 12721 et seq.) 24

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for the following activities to primarily benefit qualifying 1

individuals or families: 2

(1) Tenant-based rental assistance. 3

(2) The development and support of affordable 4

housing pursuant to section 212(a) of the Cranston- 5

Gonzalez National Affordable Housing Act (42 6

U.S.C. 12742(a)) (‘‘the Act’’ herein). 7

(3) Supportive services to qualifying individuals 8

or families not already receiving such supportive 9

services, including— 10

(A) activities listed in section 401(29) of 11

the McKinney-Vento Homeless Assistance Act 12

(42 U.S.C. 11360(29)); 13

(B) housing counseling; and 14

(C) homeless prevention services. 15

(4) The acquisition and development of non- 16

congregate shelter units, all or a portion of which 17

may— 18

(A) be converted to permanent affordable 19

housing; 20

(B) be used as emergency shelter under 21

subtitle B of title IV of the McKinney-Vento 22

Homeless Assistance Act (42 U.S.C. 11371- 23

11378); 24

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•HR 1319 EH

(C) be converted to permanent housing 1

under subtitle C of title IV of the McKinney- 2


11381-11389); or 4

(D) remain as non-congregate shelter 5

units. 6

(b) QUALIFYING INDIVIDUALS OR FAMILIES DE-7

FINED.—For the purposes of this section, qualifying indi-8

viduals or families are those who are— 9

(1) homeless, as defined in section 103(a) of 10

the McKinney-Vento Homeless Assistance Act (42 11

U.S.C. 11302(a)); 12

(2) at-risk of homelessness, as defined in sec-13

tion 401(1) of the McKinney-Vento Homeless Assist-14

ance Act (42 U.S.C. 11360(1)); 15

(3) fleeing, or attempting to flee, domestic vio-16

lence, dating violence, sexual assault, stalking, or 17

human trafficking, as defined by the Secretary; 18

(4) in other populations where providing sup-19

portive services or assistance under section 212(a) of 20

the Act (42 U.S.C. 12742(a)) would prevent the 21

family’s homelessness or would serve those with the 22

greatest risk of housing instability; or 23

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•HR 1319 EH

(5) veterans and families that include a veteran 1

family member that meet one of the preceding cri-2

teria. 3

(c) TERMS AND CONDITIONS.— 4

(1) FUNDING RESTRICTIONS.—The cost limits 5

in section 212(e) (42 U.S.C. 12742(e)), the commit-6

ment requirements in section 218(g) (42 U.S.C. 7

12748(g)), the matching requirements in section 220 8

(42 U.S.C. 12750), and the set-aside for housing de-9

veloped, sponsored, or owned by community housing 10

development organizations required in section 231 of 11

the Act (42 U.S.C. 12771) shall not apply for 12

amounts made available in this section. 13

(2) ADMINISTRATIVE COSTS.— Notwithstanding 14

sections 212(c) and (d)(1) of the Act (42 U.S.C. 15

12742(c) and (d)(1)), of the funds made available in 16

this section for carrying out activities authorized in 17

this section, a grantee may use up to fifteen percent 18

of its allocation for administrative and planning 19

costs. 20

(3) OPERATING EXPENSES.—Notwithstanding 21

sections 212(a) and (g) of the Act (42 U.S.C. 22

12742(a) and (g)), a grantee may use up to an addi-23

tional five percent of its allocation for the payment 24

of operating expenses of community housing develop-25

233

•HR 1319 EH

ment organizations and nonprofit organizations car-1

rying out activities authorized under this section, 2

but only if— 3

(A) such funds are used to develop the ca-4

pacity of the community housing development 5

organization or nonprofit organization in the ju-6

risdiction or insular area to carry out activities 7

authorized under this section; and 8

(B) the community housing development 9

organization or nonprofit organization complies 10

with the limitation on assistance in section 11

234(b) of the Act (42 U.S.C. 12774(b)). 12

(4) CONTRACTING.—A grantee, when con-13

tracting with service providers engaged directly in 14

the provision of services under paragraph (a)(3), 15

shall, to the extent practicable, enter into contracts 16

in amounts that cover the actual total program costs 17

and administrative overhead to provide the services 18

contracted. 19

(d) ALLOCATION.— 20

(1) FORMULA ASSISTANCE.—Except as pro-21

vided in paragraphs (2) and (3), the Secretary shall 22

allocate amounts made available under this section 23

pursuant to section 217 of the Act (42 U.S.C. 24

12747) to grantees that received allocations pursu-25

234

•HR 1319 EH

ant to that same formula in fiscal year 2021, and 1

shall make such allocations within 30 days of enact-2

ment of this Act. 3

(2) TECHNICAL ASSISTANCE.—Up to 4

$25,000,000 of the amounts made available under 5

this section shall be used, without competition, to 6

make new awards or increase prior awards to exist-7

ing technical assistance providers to provide an im-8

mediate increase in capacity building and technical 9

assistance available to any grantees implementing 10

activities or projects consistent with this section. 11

(3) OTHER COSTS.—Up to $50,000,000 of the 12

amounts made available under this section shall be 13

used for the administrative costs to oversee and ad-14

minister implementation of this section and the 15

HOME program generally, including information 16

technology, financial reporting, and other costs. 17

(4) WAIVERS OR ALTERNATIVE REQUIRE-18

MENTS.—The Secretary may waive or specify alter-19

native requirements for any provision of the Cran-20

ston-Gonzalez National Affordable Housing Act (42 21

U.S.C. 12701 et seq.) and titles I and IV of the 22

McKinney-Vento Homelessness Act (42 U.S.C. 23

11301 et seq., 11360 et seq.) or regulation for the 24

administration of the amounts made available under 25

235

•HR 1319 EH

this section other than requirements related to fair 1

housing, nondiscrimination, labor standards, and the 2

environment, upon a finding that the waiver or alter-3

native requirement is necessary to expedite or facili-4

tate the use of amounts made available under this 5

section. 6

SEC. 4107. HOMEOWNER ASSISTANCE FUND. 7



the Treasury for the Homeowner Assistance Fund estab-10

lished under subsection (c) for fiscal year 2021, out of 11



2025, for qualified expenses that meet the purposes speci-14

fied under subsection (c) and expenses described in sub-15

section (d)(1). 16

(b) DEFINITIONS.—In this section: 17

(1) CONFORMING LOAN LIMIT.—The term ‘‘con-18

forming loan limit’’ means the applicable limitation 19

governing the maximum original principal obligation 20

of a mortgage secured by a single-family residence, 21

a mortgage secured by a 2-family residence, a mort-22

gage secured by a 3-family residence, or a mortgage 23

secured by a 4-family residence, as determined and 24

adjusted annually under section 302(b)(2) of the 25

236

•HR 1319 EH

Federal National Mortgage Association Charter Act 1

(12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the 2

Federal Home Loan Mortgage Corporation Act (12 3

U.S.C. 1454(a)(2)). 4

(2) DWELLING.—The term ‘‘dwelling’’ means 5

any building, structure, or portion thereof which is 6

occupied as, or designed or intended for occupancy 7

as, a residence by one or more individuals. 8

(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-9

ty’’ means— 10

(A) a State; or 11

(B) any entity eligible for payment under 12

subsection (f). 13

(4) MORTGAGE.—The term ‘‘mortgage’’ means 14

any credit transaction— 15

(A) that is secured by a mortgage, deed of 16

trust, or other consensual security interest on a 17

principal residence of a borrower that is (i) a 1- 18

to 4-unit dwelling, or (ii) residential real prop-19

erty that includes a 1- to 4-unit dwelling; and 20

(B) the unpaid principal balance of which 21

was, at the time of origination, not more than 22

the conforming loan limit. 23

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•HR 1319 EH

(5) FUND.—The term ‘‘Fund’’ means the 1

Homeowner Assistance Fund established under sub-2

section (c). 3



(7) SOCIALLY AND ECONOMICALLY DISADVAN-6

TAGED INDIVIDUAL.—The term ‘‘socially and eco-7

nomically disadvantaged individual’’ means an indi-8

vidual who is a socially disadvantaged individual or 9

an economically disadvantaged individual, as such 10

terms are defined, respectively, under section 8 of 11

the Small Business Act (15 U.S.C. 637) and the 12

regulations thereunder. 13

(8) STATE.—The term ‘‘State’’ means any 14

State of the United States, the District of Columbia, 15

the Commonwealth of Puerto Rico, Guam, American 16

Samoa, the United States Virgin Islands, and the 17

Commonwealth of the Northern Mariana Islands. 18

(c) ESTABLISHMENT OF FUND.— 19

(1) ESTABLISHMENT; QUALIFIED EXPENSES.— 20

There is established in the Department of the Treas-21

ury a Homeowner Assistance Fund to mitigate fi-22

nancial hardships associated with the coronavirus 23

pandemic by providing such funds as are appro-24

priated by subsection (a) to eligible entities for the 25

238

•HR 1319 EH

purpose of preventing homeowner mortgage delin-1

quencies, defaults, foreclosures, loss of utilities or 2

home energy services, and displacements of home-3

owners experiencing financial hardship after Janu-4

ary 21, 2020, through qualified expenses related to 5

mortgages and housing, which include— 6

(A) mortgage payment assistance; 7

(B) financial assistance to allow a home-8

owner to reinstate a mortgage or to pay other 9

housing related costs related to a period of for-10

bearance, delinquency, or default; 11

(C) principal reduction; 12

(D) facilitating interest rate reductions; 13

(E) payment assistance for— 14

(i) utilities, including electric, gas, 15

home energy, and water; 16

(ii) internet service, including 17

broadband internet access service, as de-18

fined in section 8.1(b) of title 47, Code of 19

Federal Regulations (or any successor reg-20

ulation); 21

(iii) homeowner’s insurance, flood in-22

surance, and mortgage insurance; and 23

239

•HR 1319 EH

(iv) homeowner’s association, condo-1

minium association fees, or common 2

charges; 3

(F) reimbursement of funds expended by a 4

State, local government, or designated entity 5

under subsection (e) during the period begin-6

ning on January 21, 2020, and ending on the 7

date that the first funds are disbursed by the 8

eligible entity under the Homeowner Assistance 9

Fund, for the purpose of providing housing or 10

utility payment assistance to individuals or oth-11

erwise providing funds to prevent foreclosure or 12

eviction of a homeowner or tenant or prevent 13

mortgage delinquency or loss of housing or util-14

ities as a response to the coronavirus disease 15

(COVID) pandemic; and 16

(G) any other assistance to promote hous-17

ing stability for homeowners, including pre-18

venting eviction, mortgage delinquency or de-19

fault, foreclosure, or the loss of utility or home 20

energy services, as determined by the Secretary. 21

(2) TARGETING.—Not less than 60 percent of 22

amounts made to each eligible entity allocated 23

amounts under subsection (d) or (f) shall be used 24

for qualified expenses that assist homeowners having 25

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•HR 1319 EH

incomes equal to or less than 100 percent of the 1

area median income for their household size or equal 2

to or less than 100 percent of the median income for 3

the United States, as determined by the Secretary of 4

Housing and Urban Development, whichever is 5

greater. The eligible entity shall prioritize remaining 6

funds to socially and economically disadvantaged in-7

dividuals. 8

(d) ALLOCATION OF FUNDS.— 9

(1) ADMINISTRATION.—Of any amounts made 10

available under this section, the Secretary shall re-11

serve— 12

(A) to the Department of the Treasury, an 13

amount not to exceed $40,000,000 to admin-14

ister and oversee the Fund, and to provide tech-15

nical assistance to eligible entities for the cre-16

ation and implementation of State and tribal 17

programs to administer assistance from the 18

Fund; and 19

(B) to the Inspector General of the De-20

partment of the Treasury, an amount to not ex-21

ceed $2,600,000 for oversight of the program 22

under this section. 23

(2) FOR STATES.—After the application of 24

paragraphs (1), (4), and (5) of this subsection and 25

241

•HR 1319 EH

subject to paragraph (3) of this subsection, the Sec-1

retary shall allocate the remaining funds available 2

within the Homeowner Assistance Fund to each 3

State of the United States, the District of Columbia, 4

and the Commonwealth of Puerto Rico based on 5

homeowner need, for such State relative to all States 6

of the United States, the District of Columbia, and 7

the Commonwealth of Puerto Rico, as of the date of 8

the enactment of this Act, which is determined by— 9

(A) the average number of unemployed in-10

dividuals measured over a period of time not 11

fewer than 3 months and not more than 12 12

months; 13

(B) the total number of mortgagors with— 14

(i) mortgage payments that are more 15

than 30 days past due; or 16

(ii) mortgages in foreclosure. 17

(3) SMALL STATE MINIMUM.— 18

(A) IN GENERAL.—Each State of the 19

United States, the District of Columbia, and 20

the Commonwealth of Puerto Rico shall receive 21

no less than $40,000,000 for the purposes es-22

tablished in (c). 23

(B) PRO RATA ADJUSTMENTS.—The Sec-24

retary shall adjust on a pro rata basis the 25

242

•HR 1319 EH

amount of the payments for each State of the 1

United States, the District of Columbia, and 2

the Commonwealth of Puerto Rico determined 3

under this subsection without regard to this 4

subparagraph to the extent necessary to comply 5

with the requirements of subparagraph (A). 6

(4) TERRITORY SET-ASIDE.—Notwithstanding 7

any other provision of this section, of the amounts 8

appropriated under subsection (a), the Secretary 9

shall reserve $30,000,000 to be disbursed to Guam, 10

American Samoa, the United States Virgin Islands, 11

and the Commonwealth of the Northern Mariana Is-12

lands based on each such territory’s share of the 13

combined total population of all such territories, as 14

determined by the Secretary. For the purposes of 15

this paragraph, population shall be determined based 16

on the most recent year for which data are available 17

from the United States Census Bureau. 18

(5) TRIBAL SET-ASIDE.—The Secretary shall 19

allocate funds to any eligible entity designated under 20

subsection (f) pursuant to the requirements of that 21

subsection. 22

(e) DISTRIBUTION OF FUNDS TO STATES.— 23

(1) IN GENERAL.—The Secretary shall make 24

payments, beginning not later than 45 days after en-25

243

•HR 1319 EH

actment of this Act, from amounts allocated under 1

subsection (d) to eligible entities that have notified 2

the Secretary that they request to receive payment 3

from the Fund and that the eligible entity will use 4

such payments in compliance with this section. 5

(2) REALLOCATION.—If a State does not re-6

quest allocated funds by the 45th day after the date 7

of enactment of this Act, such State shall not be eli-8

gible for a payment from the Secretary pursuant to 9

this section, and the Secretary shall, by the 180th 10

day after the date of enactment of this Act, reallo-11

cate any funds that were not requested by such 12

State among the States that have requested funds 13

by the 45th day after the date of enactment of this 14

Act. For any such reallocation of funds, the Sec-15

retary shall adhere to the requirements of subsection 16

(d), except for paragraph (1), to the greatest extent 17

possible, provided that the Secretary shall also take 18

into consideration in determining such reallocation a 19

State’s remaining need and a State’s record of using 20

payments from the Fund to serve homeowners at 21

disproportionate risk of mortgage default, fore-22

closure, or displacement, including homeowners hav-23

ing incomes equal to or less than 100 percent of the 24

area median income for their household size or 100 25

244

•HR 1319 EH

percent of the median income for the United States, 1

as determined by the Secretary of Housing and 2

Urban Development, whichever is greater, and mi-3

nority homeowners. 4

(f) TRIBAL SET-ASIDE.— 5

(1) SET-ASIDE.—Notwithstanding any other 6

provision of this section, of the amounts appro-7

priated under subsection (a), the Secretary shall use 8

5 percent to make payments to entities that are eli-9

gible for payments under clauses (i) and (ii) of sec-10

tion 501(b)(2)(A) of subtitle A of title V of division 11

N of the Consolidated Appropriations Act, 2021 12

(Public Law 116-260) for the purposes described in 13

subsection (c). 14

(2) ALLOCATION AND PAYMENT.—The Sec-15

retary shall allocate the funds set aside under para-16

graph (1) using the allocation formulas described in 17

clauses (i) and (ii) of section 501(b)(2)(A) of sub-18

title A of title V of division N of the Consolidated 19

Appropriations Act, 2021 (Public Law 116-260), 20

and shall make payments of such amounts beginning 21

no later than 45 days after enactment of this Act to 22

entities eligible for payment under clauses (i) and 23

(ii) of section 501(b)(2)(A) of subtitle A of title V 24

of division N of the Consolidated Appropriations 25

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Act, 2021 (Public Law 116-260) that notify the Sec-1

retary that they request to receive payments allo-2

cated from the Fund by the Secretary for purposes 3

described under subsection (c) and will use such 4

payments in compliance with this section. 5

(3) ADJUSTMENT.—Allocations provided under 6

this subsection may be further adjusted as provided 7

by section 501(b)(2)(B) of subtitle A of title V of di-8

vision N of the Consolidated Appropriations Act, 9

2021 (Public Law 116-260). 10

SEC. 4108. RELIEF MEASURES FOR SECTION 502 AND 504 DI-11

RECT LOAN BORROWERS. 12





main available until September 30, 2023, for direct loans 17

made under sections 502 and 504 of the Housing Act of 18

1949 (42 U.S.C. 1472, 1474). 19

(b) ADMINISTRATIVE EXPENSES.—The Secretary 20

may use not more than 3 percent of the amounts appro-21

priated under this section for administrative purposes. 22

SEC. 4109. FAIR HOUSING ACTIVITIES. 23



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2023, for the Fair Housing Initiatives Program under sec-5

tion 561 of the Housing and Community Development Act 6

of 1987 (42 U.S.C. 3616a) to ensure fair housing organi-7

zations have additional resources to address fair housing 8

inquiries, complaints, investigations, and education and 9

outreach activities, during or relating to the coronavirus 10

pandemic. 11

(b) ADMINISTRATIVE EXPENSES.—The Secretary 12

may use not more than 3 percent of the amounts appro-13

priated under this section for administrative purposes. 14

Subtitle C—Small Business (SSBCI) 15

SEC. 4201. STATE SMALL BUSINESS CREDIT INITIATIVE. 16

(a) STATE SMALL BUSINESS CREDIT INITIATIVE.— 17

(1) IN GENERAL.—The State Small Business 18

Credit Initiative Act of 2010 (12 U.S.C. 5701 et 19

seq.) is amended— 20

(A) in section 3003— 21

(i) in subsection (b)— 22

(I) by amending paragraph (1) to 23

read as follows: 24

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‘‘(1) IN GENERAL.—Not later than 30 days 1

after the date of enactment of subsection (d), the 2

Secretary shall allocate Federal funds to partici-3

pating States so that each State is eligible to receive 4

an amount equal to what the State would receive 5

under the 2021 allocation, as determined under 6

paragraph (2).’’; 7

(II) in paragraph (2)— 8

(aa) by striking ‘‘2009’’ 9

each place such term appears 10

and inserting ‘‘2021’’; 11

(bb) by striking ‘‘2008’’ 12

each place such term appears 13

and inserting ‘‘2020’’; 14

(cc) in subparagraph (A), by 15

striking ‘‘The Secretary’’ and in-16

serting ‘‘With respect to States 17

other than Tribal governments, 18

the Secretary’’; 19

(dd) in subparagraph (C)(i), 20

by striking ‘‘2007’’ and inserting 21

‘‘2019’’; and 22

(ee) by adding at the end 23

the following: 24

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‘‘(C) SEPARATE ALLOCATION FOR TRIBAL 1

GOVERNMENTS.— 2

‘‘(i) IN GENERAL.—With respect to 3

States that are Tribal governments, the 4

Secretary shall determine the 2021 alloca-5

tion by allocating $500,000,000 among the 6

Tribal governments in the proportion the 7

Secretary determines appropriate, includ-8

ing with consideration to available employ-9

ment and economic data regarding each 10

such Tribal government. 11

‘‘(ii) NOTICE OF INTENT; TIMING OF 12

ALLOCATION.—With respect to allocations 13

to States that are Tribal governments, the 14

Secretary may— 15

‘‘(I) require Tribal governments 16

that individually or jointly wish to 17

participate in the Program to file a 18

notice of intent with the Secretary not 19

later than 30 days after the date of 20

enactment of subsection (d); and 21

‘‘(II) notwithstanding paragraph 22

(1), allocate Federal funds to partici-23

pating Tribal governments not later 24

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than 60 days after the date of enact-1

ment of subsection (d). 2

‘‘(D) EMPLOYMENT DATA.—If the Sec-3

retary determines that employment data with 4

respect to a State is unavailable from the Bu-5

reau of Labor Statistics of the Department of 6

Labor, the Secretary shall consider such other 7

economic and employment data that is other-8

wise available for purposes of determining the 9

employment data of such State.’’; and 10

(III) by striking paragraph (3); 11

and 12

(ii) in subsection (c)— 13

(I) in paragraph (1)(A)(iii), by 14

inserting before the period the fol-15

lowing: ‘‘that have delivered loans or 16

investments to eligible businesses’’; 17

and 18

(II) by amending paragraph (4) 19

to read as follows: 20

‘‘(4) TERMINATION OF AVAILABILITY OF 21

AMOUNTS NOT TRANSFERRED.— 22

‘‘(A) IN GENERAL.—Any portion of a par-23

ticipating State’s allocated amount that has not 24

been transferred to the State under this section 25

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may be deemed by the Secretary to be no longer 1

allocated to the State and no longer available to 2

the State and shall be returned to the general 3

fund of the Treasury or reallocated as described 4

under subparagraph (B), if— 5

‘‘(i) the second 1⁄3 of a State’s allo-6

cated amount has not been transferred to 7

the State before the end of the end of the 8

3-year period beginning on the date that 9

the Secretary approves the State for par-10

ticipation; or 11

‘‘(ii) the last 1⁄3 of a State’s allocated 12

amount has not been transferred to the 13

State before the end of the end of the 6- 14

year period beginning on the date that the 15

Secretary approves the State for participa-16

tion. 17

‘‘(B) REALLOCATION.—Any amount 18

deemed by the Secretary to be no longer allo-19

cated to a State and no longer available to such 20

State under subparagraph (A) may be reallo-21

cated by the Secretary to other participating 22

States. In making such a reallocation, the Sec-23

retary shall not take into account the minimum 24

allocation requirements under subsection 25

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(b)(2)(B) or the specific allocation for Tribal 1

governments described under subsection 2

(b)(2)(C).’’; 3

(B) in section 3004(d), by striking ‘‘date 4

of enactment of this Act’’ each place it appears 5

and inserting ‘‘date of the enactment of section 6

3003(d)’’; 7

(C) in section 3005(b), by striking ‘‘date of 8

enactment of this Act’’ each place it appears 9


3003(d)’’; 11

(D) in section 3006(b)(4), by striking 12

‘‘date of enactment of this Act’’ and inserting 13

‘‘date of the enactment of section 3003(d)’’; 14

(E) in section 3007(b), by striking ‘‘March 15

31, 2011’’ and inserting ‘‘March 31, 2022’’; 16

(F) in section 3009, by striking ‘‘date of 17

enactment of this Act’’ each place it appears 18


3003(d)’’; and 20

(G) in section 3011(b), by striking ‘‘date 21

of the enactment of this Act’’ each place it ap-22

pears and inserting ‘‘date of the enactment of 23

section 3003(d)’’. 24

(2) APPROPRIATION.— 25

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(A) IN GENERAL.—In addition to amounts 1

otherwise available, there is hereby appropriated 2

to the Secretary of the Treasury for fiscal year 3

2021, out of any money in the Treasury not 4

otherwise appropriated, $10,000,000,000, to re-5

main available until expended, to provide sup-6

port to small businesses responding to and re-7

covering from the economic effects of the 8

COVID–19 pandemic, ensure business enter-9

prises owned and controlled by socially and eco-10

nomically disadvantaged individuals have access 11

to credit and investments, provide technical as-12

sistance to help small businesses applying for 13

various support programs, and to pay reason-14

able costs of administering such Initiative. 15

(B) RESCISSION.—With respect to 16

amounts appropriated under subparagraph 17

(A)— 18

(i) the Secretary of the Treasury shall 19

complete all disbursements and remaining 20

obligations before September 30, 2030; 21

and 22

(ii) any amounts that remain unex-23

pended (whether obligated or unobligated) 24

on September 30, 2030, shall be rescinded 25

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and deposited into the general fund of the 1

Treasury. 2

(b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI-3

NESS ENTERPRISES OWNED AND CONTROLLED BY SO-4

CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-5

UALS.—Section 3003 of the State Small Business Credit 6

Initiative Act of 2010 (12 U.S.C. 5702) is amended by 7

adding at the end the following: 8

‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI-9



UALS.—Of the amounts appropriated for fiscal year 2021 12

to carry out the Program, the Secretary shall— 13

‘‘(1) allocate $1,500,000,000 to States from 14

funds allocated under this section and, by regulation 15

or other guidance, prescribe Program requirements 16

that the funds be expended for business enterprises 17

owned and controlled by socially and economically 18

disadvantaged individuals; 19

‘‘(2) allocate such amounts to States based on 20

the needs of business enterprises owned and con-21

trolled by socially and economically disadvantaged 22

individuals, as determined by the Secretary, in each 23

State, and not subject to the allocation formula de-24

scribed under subsection (b); 25

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‘‘(3) oversee the States’ expenditure of these 1

funds to directly support business enterprises owned 2

and controlled by socially and economically disadvan-3

taged individuals; and 4

‘‘(4) establish a minimum amount of support 5

that a State shall provide to business enterprises 6

owned and controlled by socially and economically 7

disadvantaged individuals. 8

‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSI-9



UALS.—Of the amounts appropriated for fiscal year 2021 12

to carry out the Program, the Secretary shall set aside 13

$1,000,000,000 for an incentive program under which the 14

Secretary shall increase the second 1⁄3 and last 1⁄3 alloca-15

tions for States that demonstrate robust support, as deter-16

mined by the Secretary, for business concerns owned and 17

controlled by socially and economically disadvantaged indi-18

viduals in the deployment of prior allocation amounts.’’. 19

(c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 20

SMALL BUSINESSES.—Section 3003 of the State Small 21

Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 22

as amended by subsection (b), is further amended by add-23

ing at the end the following: 24

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•HR 1319 EH

‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 1

SMALL BUSINESSES.— 2

‘‘(1) IN GENERAL.—Of the amounts appro-3

priated to carry out the Program, the Secretary 4

shall allocate not less than $500,000,000 to States 5

from funds allocated under this section to be ex-6

pended for very small businesses. 7

‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 8

subsection, the term ‘very small business’— 9

‘‘(A) means a business with fewer than 10 10

employees; and 11

‘‘(B) may include independent contractors 12

and sole proprietors.’’. 13

(d) CDFI AND MDI PARTICIPATION PLAN.—Section 14

3004 of the State Small Business Credit Initiative Act of 15

2010 (12 U.S.C. 5703) is amended by adding at the end 16

the following: 17

‘‘(e) CDFI AND MDI PARTICIPATION PLAN.—The 18

Secretary may not approve a State to be a participating 19

State unless the State has provided the Secretary with a 20

plan detailing how minority depository institutions and 21

community development financial institutions will be en-22

couraged to participate in State programs.’’. 23

(e) PANDEMIC RESPONSE PLAN.—Section 3004 of 24

the State Small Business Credit Initiative Act of 2010 (12 25

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•HR 1319 EH

U.S.C. 5703), as amended by subsection (d), is further 1


‘‘(f) PANDEMIC RESPONSE PLAN.—The Secretary 3

may not approve a State to be a participating State unless 4

the State has provided the Secretary with a description 5

of how the State will expeditiously utilize funds to support 6

small businesses, including business enterprises owned and 7

controlled by socially and economically disadvantaged indi-8

viduals, in responding to and recovering from the eco-9

nomic effects of the COVID–19 pandemic.’’. 10

(f) TECHNICAL ASSISTANCE.—Section 3009 of the 11

State Small Business Credit Initiative Act of 2010 (12 12

U.S.C. 5708) is amended by adding at the end the fol-13

lowing: 14

‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts ap-15

propriated for fiscal year 2021 to carry out the Program, 16

$500,000,000 may be used by the Secretary to— 17

‘‘(1) provide funds to States to carry out a 18

technical assistance plan under which a State will 19

provide legal, accounting, and financial advisory 20

services, either directly or contracted with legal, ac-21

counting, and financial advisory firms, with priority 22

given to business enterprises owned and controlled 23

by socially and economically disadvantaged individ-24

uals, to very small businesses and business enter-25

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prises owned and controlled by socially and economi-1

cally disadvantaged individuals applying for— 2

‘‘(A) State programs under the Program; 3

and 4

‘‘(B) other State or Federal programs that 5

support small businesses; 6

‘‘(2) transfer amounts to the Minority Business 7

Development Agency, so that the Agency may use 8

such amounts in a manner the Agency determines 9

appropriate, including through contracting with 10

third parties, to provide technical assistance to busi-11

ness enterprises owned and controlled by socially 12

and economically disadvantaged individuals applying 13

to— 14


and 16


support small businesses; and 18

‘‘(3) contract with legal, accounting, and finan-19

cial advisory firms (with priority given to business 20

enterprises owned and controlled by socially and eco-21

nomically disadvantaged individuals), to provide 22

technical assistance to business enterprises owned 23

and controlled by socially and economically disadvan-24

taged individuals applying to— 25

258

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and 2


support small businesses.’’. 4

(g) PREDATORY LENDING PROHIBITED.—Section 5

3004 of the State Small Business Credit Initiative Act of 6

2010 (15 U.S.C. 5702), as amended by subsection (e), is 7

further amended by adding at the end the following: 8

‘‘(g) PREDATORY LENDING PROHIBITED.—The Sec-9

retary may not approve a State to be a participating State 10

unless the State has agreed that no lending activity sup-11

ported by amounts received by the State under the Pro-12

gram would result in predatory lending, as determined by 13

the Secretary.’’. 14

(h) INCLUSION OF TRIBAL GOVERNMENTS.—Section 15

3002(10) of the State Small Business Credit Initiative Act 16

of 2010 (12 U.S.C. 5701(10)) is amended— 17

(1) in subparagraph (C), by striking ‘‘and’’ at 18

the end; 19

(2) in subparagraph (D), by striking the period 20

at the end and inserting ‘‘; and’’; and 21

(3) by adding at the end the following: 22

‘‘(E) a Tribal government, or a group of 23

Tribal governments that jointly apply for an al-24

location.’’. 25

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(i) DEFINITIONS.—Section 3002 of the State Small 1

Business Credit Initiative Act of 2010 (12 U.S.C. 5701) 2

is amended by adding at the end the following: 3

‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-4

TROLLED BY SOCIALLY AND ECONOMICALLY DIS-5

ADVANTAGED INDIVIDUALS.—The term ‘business en-6

terprise owned and controlled by socially and eco-7

nomically disadvantaged individuals’ means a busi-8

ness that— 9

‘‘(A) if privately owned, 51 percent is 10

owned by one or more socially and economically 11

disadvantaged individuals; 12

‘‘(B) if publicly owned, 51 percent of the 13

stock is owned by one or more socially and eco-14

nomically disadvantaged individuals; and 15

‘‘(C) in the case of a mutual institution, a 16

majority of the Board of Directors, account 17

holders, and the community which the institu-18

tion services is predominantly comprised of so-19

cially and economically disadvantaged individ-20

uals. 21

‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL 22

INSTITUTION.—The term ‘community development 23

financial institution’ has the meaning given that 24

term under section 103 of the Riegle Community 25

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•HR 1319 EH

Development and Regulatory Improvement Act of 1

1994. 2

‘‘(17) MINORITY DEPOSITORY INSTITUTION.— 3

The term ‘minority depository institution’ has the 4

meaning given that term under section 308(b) of the 5

Financial Institutions Reform, Recovery, and En-6

forcement Act of 1989. 7

‘‘(18) SOCIALLY AND ECONOMICALLY DIS-8

ADVANTAGED INDIVIDUAL.—The term ‘socially and 9

economically disadvantaged individual’ means an in-10

dividual who is a socially disadvantaged individual or 11

an economically disadvantaged individual, as such 12

terms are defined, respectively, under section 8 of 13

the Small Business Act (15 U.S.C. 637) and the 14

regulations thereunder. 15

‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 16

government’ means a government of an Indian Tribe 17

listed on the list of recognized Tribes published by 18

the Secretary of the Interior under section 104 of 19

the Federally Recognized Indian Tribe List Act of 20

1994 (25 U.S.C. 5131) and means the Office of Ha-21

waiian Affairs established by the Constitution of the 22

State of Hawaii.’’. 23

(j) RULE OF APPLICATION.—The amendments made 24

by this section shall apply with respect to funds appro-25

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•HR 1319 EH

priated under this section and funds appropriated on and 1

after the date of enactment of this section. 2

Subtitle D—Airlines 3

SEC. 4301. AIR TRANSPORTATION PAYROLL SUPPORT PRO-4

GRAM EXTENSION. 5

(a) DEFINITIONS.—The definitions in section 6

40102(a) of title 49, United States Code, shall apply with 7

respect to terms used in this section, except that— 8

(1) the term ‘‘catering functions’’ means prepa-9

ration, assembly, or both, of food, beverages, provi-10

sions and related supplies for delivery, and the deliv-11

ery of such items, directly to aircraft or to a location 12

on or near airport property for subsequent delivery 13

to aircraft; 14

(2) the term ‘‘contractor’’ means— 15

(A) a person that performs, under contract 16

with a passenger air carrier conducting oper-17

ations under part 121 of title 14, Code of Fed-18

eral Regulations— 19

(i) catering functions; or 20

(ii) functions on the property of an 21

airport that are directly related to the air 22

transportation of persons, property, or 23

mail, including the loading and unloading 24

of property on aircraft, assistance to pas-25

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sengers under part 382 of title 14, Code of 1

Federal Regulations, security, airport 2

ticketing and check-in functions, ground- 3

handling of aircraft, or aircraft cleaning 4

and sanitization functions and waste re-5

moval; or 6

(B) a subcontractor that performs such 7

functions; 8

(3) the term ‘‘employee’’ means an individual, 9

other than a corporate officer, who is employed by 10

an air carrier or a contractor; 11

(4) the term ‘‘eligible air carrier’’ means an air 12

carrier that— 13

(A) received financial assistance pursuant 14

section 402(a)(1) of division N of the Consoli-15

dated Appropriations Act, 2021 (Public Law 16

116-260); 17

(B) provides air transportation as of 18

March 31, 2021; 19

(C) has not conducted involuntary fur-20

loughs or reduced pay rates or benefits between 21

March 31, 2021, and the date on which the air 22

carrier makes a certification to the Secretary 23

pursuant to subparagraph (D); and 24

263

•HR 1319 EH

(D) certifies to the Secretary that such air 1

carrier will— 2

(i) refrain from conducting involun-3

tary furloughs or reducing pay rates or 4

benefits until September 30, 2021, or the 5

date on which assistance provided under 6

this section is exhausted, whichever is 7

later; 8

(ii) refrain from purchasing an equity 9

security of the air carrier or the parent 10

company of the air carrier that is listed on 11

a national securities exchange through 12

September 30, 2022; 13

(iii) refrain from paying dividends, or 14

making other capital distributions, with re-15

spect to common stock (or equivalent inter-16

est) of such air carrier through September 17

30, 2022; 18

(iv) during the 2-year period begin-19

ning April 1, 2021, and ending April 1, 20

2023, refrain from paying— 21

(I) any officer or employee of the 22

air carrier whose total compensation 23

exceeded $425,000 in calendar year 24

2019 (other than an employee whose 25

264

•HR 1319 EH

compensation is determined through 1

an existing collective bargaining 2

agreement entered into prior to the 3

date of enactment of this Act)— 4

(aa) total compensation that 5

exceeds, during any 12 consecu-6

tive months of such 2-year pe-7

riod, the total compensation re-8

ceived by the officer or employee 9

from the air carrier in calendar 10

year 2019; or 11

(bb) severance pay or other 12

benefits upon termination of em-13

ployment with the air carrier 14

which exceeds twice the max-15

imum total compensation re-16


from the air carrier in calendar 18

year 2019; and 19

(II) any officer or employee of 20

the air carrier whose total compensa-21

tion exceeded $3,000,000 in calendar 22

year 2019 during any 12 consecutive 23

months of such period total compensa-24

tion in excess of the sum of— 25

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•HR 1319 EH

(aa) $3,000,000; and 1

(bb) 50 percent of the excess 2

over $3,000,000 of the total com-3

pensation received by the officer 4

or employee from the air carrier 5

in calendar year 2019. 6

(5) the term ‘‘eligible contractor’’ means a con-7

tractor that— 8

(A) received financial assistance pursuant 9

to section 402(a)(2) of division N of the Con-10

solidated Appropriations Act, 2021 (Public Law 11

116-260); 12

(B) performs one or more of the functions 13

described under paragraph (2) as of March 31, 14

2021; 15

(C) has not conducted involuntary fur-16

loughs or reduced pay rates or benefits between 17

March 31, 2021, and the date on which the 18

contractor makes a certification to the Sec-19

retary pursuant to subparagraph (D); and 20

(D) certifies to the Secretary that such 21

contractor will— 22

(i) refrain from conducting involun-23

tary furloughs or reducing pay rates or 24

benefits until September 30, 2021, or the 25

266

•HR 1319 EH

date on which assistance provided under 1

this section is exhausted, whichever is 2

later; 3

(ii) refrain from purchasing an equity 4

security of the contractor or the parent 5

company of the contractor that is listed on 6

a national securities exchange through 7

September 30, 2022; 8

(iii) refrain from paying dividends, or 9

making other capital distributions, with re-10

spect to common stock (or equivalent inter-11

est) of the contractor through September 12

30, 2022; 13

(iv) during the 2-year period begin-14

ning April 1, 2021, and ending April 1, 15

2023, refrain from paying— 16

(I) any officer or employee of the 17

contractor whose total compensation 18

exceeded $425,000 in calendar year 19

2019 (other than an employee whose 20

compensation is determined through 21

an existing collective bargaining 22

agreement entered into prior to the 23

date of enactment of this Act)— 24

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•HR 1319 EH

(aa) total compensation that 1

exceeds, during any 12 consecu-2

tive months of such 2-year pe-3

riod, the total compensation re-4


from the contractor in calendar 6

year 2019; or 7

(bb) severance pay or other 8

benefits upon termination of em-9

ployment with the contractor 10

which exceeds twice the max-11

imum total compensation re-12


from the contractor in calendar 14

year 2019; and 15

(II) any officer or employee of 16

the contractor whose total compensa-17

tion exceeded $3,000,000 in calendar 18

year 2019 during any 12 consecutive 19

months of such period total compensa-20

tion in excess of the sum of— 21

(aa) $3,000,000; and 22

(bb) 50 percent of the excess 23

over $3,000,000 of the total com-24

pensation received by the officer 25

268

•HR 1319 EH

or employee from the contractor 1


(6) the term ‘‘Secretary’’ means the Secretary 3

of the Treasury. 4

(b) PAYROLL SUPPORT GRANTS.— 5

(1) IN GENERAL.—To preserve aviation jobs 6

and compensate air carrier industry workers, the 7

Secretary shall make available to eligible air carriers 8

and eligible contractors, financial assistance exclu-9

sively for the continuation of payment of employee 10

wages, salaries, and benefits to— 11

(A) eligible air carriers, in an aggregate 12

amount of $14,000,000,000; and 13

(B) eligible contractors, in an aggregate 14

amount of $1,000,000,000. 15

(2) APPORTIONMENTS.— 16

(A) IN GENERAL.—The Secretary shall ap-17

portion funds to eligible air carriers and eligible 18

contractors in accordance with the requirements 19

of this section not later than April 15, 2021. 20

(B) ELIGIBLE AIR CARRIERS.—The Sec-21

retary shall apportion funds made available 22

under paragraph (1)(A) to each eligible air car-23

rier in the ratio that— 24

269

•HR 1319 EH

(i) the amount received by the air car-1

rier pursuant to section 403(a) of division 2

N of the Consolidated Appropriations Act, 3

2021 (Public Law 116-260) bears to 4

(ii) $15,000,000,000. 5

(C) ELIGIBLE CONTRACTORS.—The Sec-6

retary shall apportion, to each eligible con-7

tractor, an amount equal to the total amount 8

such contractor received pursuant to section 9

403(a) of division N of the Consolidated Appro-10

priations Act, 2021 (Public Law 116-260). 11

(3) IN GENERAL.— 12

(A) FORMS; TERMS AND CONDITIONS.— 13

The Secretary shall provide financial assistance 14

to an eligible air carrier or eligible contractor 15

under this section in the same form and on the 16

same terms and conditions as determined by 17

pursuant to section 403(b)(1)(A) of subtitle A 18

of title IV of division N of the Consolidated Ap-19

propriations Act, 2021 (Pub. L. No. 116-260). 20

(B) PROCEDURES.—The Secretary shall 21

publish streamlined and expedited procedures 22

not later than 5 days after the date of enact-23

ment of this section for eligible air carriers and 24

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•HR 1319 EH

eligible contractors to submit requests for fi-1

nancial assistance under this section. 2

(C) DEADLINE FOR IMMEDIATE PAYROLL 3

ASSISTANCE.—Not later than 10 days after the 4

date of enactment of this section, the Secretary 5

shall make initial payments to air carriers and 6

contractors that submit requests for financial 7

assistance approved by the Secretary. 8

(4) TAXPAYER PROTECTION.—The Secretary 9

shall receive financial instruments issued by recipi-10

ents of financial assistance under this section in the 11

same form and amount, and under the same terms 12

and conditions, as determined by the Secretary 13

under section 408 of subtitle A of title IV of division 14

N of the Consolidated Appropriations Act, 2021 15

(Pub. L. No. 116-260). 16

(5) ADMINISTRATIVE EXPENSES.—Of the 17

amounts made available under paragraph (1)(A), 18

$10,000,000 shall be made available to the Sec-19

retary for costs and administrative expenses associ-20

ated with providing financial assistance under this 21

section. 22


available, there is appropriated for fiscal year 2021, out 24


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$15,000,000,000, to remain available until expended, to 1

carry out this section. 2

TITLE V—COMMITTEE ON 3

OVERSIGHT AND REFORM 4

Subtitle A—Coronavirus State and 5

Local Fiscal Recovery Funds 6

SEC. 5001. CORONAVIRUS STATE AND LOCAL FISCAL RE-7

COVERY FUNDS. 8

(a) IN GENERAL.—Title VI of the Social Security Act 9

(42 U.S.C. 801 et seq.) is amended by adding at the end 10

the following: 11

‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 12

‘‘(a) APPROPRIATION.—In addition to amounts oth-13

erwise available, there is appropriated for fiscal year 2021, 14



pended, for making payments under this section to States, 17

territories, and Tribal governments to mitigate the fiscal 18

effects stemming from the public health emergency with 19

respect to the Coronavirus Disease (COVID–19). 20

‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 21

‘‘(1) PAYMENTS TO TERRITORIES.— 22

‘‘(A) IN GENERAL.—The Secretary shall 23

reserve $4,500,000,000 of the amount appro-24

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priated under subsection (a) to make payments 1

to the territories. 2

‘‘(B) ALLOCATION.—Of the amount re-3

served under subparagraph (A)— 4

‘‘(i) 50 percent of such amount shall 5

be allocated by the Secretary equally 6

among each territory; and 7

‘‘(ii) 50 percent of such amount shall 8

be allocated by the Secretary as an addi-9

tional amount to each territory in an 10

amount which bears the same proportion 11

to 1⁄2 of the total amount reserved under 12

subparagraph (A) as the relative popu-13

lation of the territory bears to the total 14

population of all such territories. 15

‘‘(C) PAYMENT.—The Secretary shall pay 16

each territory the total of the amounts allocated 17

for the territory under subparagraph (B). 18

‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 19




to Tribal governments. 23

‘‘(B) ALLOCATION.—Of the amount re-24


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‘‘(i) $1,000,000,000 shall be allocated 1

by the Secretary equally among each Trib-2

al government; and 3

‘‘(ii) $19,000,000,000 shall be allo-4

cated by the Secretary among each Tribal 5

government in an amount determined by 6

the Secretary. 7

‘‘(C) PAYMENT.— The Secretary shall pay 8

each Tribal government the total of the 9

amounts allocated for the Tribal government 10

under subparagraph (B). 11

‘‘(3) PAYMENTS TO EACH OF THE 50 STATES 12

AND THE DISTRICT OF COLUMBIA.— 13




to each of the 50 States and the District of Co-17

lumbia. 18

‘‘(B) ALLOCATIONS.—Of the amount re-19


‘‘(i) $25,500,000,000 of such amount 21

shall be allocated by the Secretary equally 22

among each of the 50 States and the Dis-23

trict of Columbia; 24

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‘‘(ii) an amount equal to 1

$1,250,000,000 less the amount allocated 2

for the District of Columbia pursuant to 3

section 601(c)(6) shall allocated by the 4

Secretary as an additional amount to the 5

District of Columbia; and 6

‘‘(iii) an amount equal to the remain-7

der of the amount reserved under subpara-8

graph (A) after the application of clauses 9

(i) and (ii) of this subparagraph shall be 10

allocated by the Secretary as an additional 11

amount to each of the 50 States and the 12

District of Columbia in an amount which 13

bears the same proportion to such remain-14

der as the average estimated number of 15

seasonally-adjusted unemployed individuals 16

(as measured by the Bureau of Labor Sta-17

tistics Local Area Unemployment Statistics 18

program) in the State or District of Co-19

lumbia over the 3-month period ending in 20

December 2020 bears to the average esti-21

mated number of seasonally-adjusted un-22

employed individuals in all of the 50 States 23

and the District of Columbia over the same 24

period. 25

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‘‘(C) PAYMENT.—The Secretary shall pay 1

each of the 50 States and the District of Co-2

lumbia the total of the amounts allocated for 3

the State and District of Columbia under sub-4

paragraph (B). 5

‘‘(4) POPULATION DATA.—For purposes of de-6

termining allocations for a State or territory under 7

this section, the population of the State or territory 8

shall be determined based on the most recent data 9

available from the Bureau of the Census. 10

‘‘(5) TIMING.— 11

‘‘(A) IN GENERAL.—Subject to subpara-12

graph (B), to the extent practicable, with re-13

spect to each State, territory, and Tribal gov-14

ernment allocated a payment under this sub-15

section, the Secretary shall make the payment 16

required for the State, territory, or Tribal gov-17

ernment (as applicable) not later than 60 days 18

after the date on which the certification re-19

quired under subsection (d) is provided to the 20

Secretary. 21

‘‘(B) EXCEPTION.—With respect to the 22

amount allocated to the District of Columbia 23

under paragraph (3)(B)(ii)— 24

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‘‘(i) the Secretary shall pay such 1

amount to the District of Columbia not 2

later than 15 days after the date of enact-3

ment of this section; and 4

‘‘(ii) the District of Columbia shall 5

not be required to submit a certification 6

under subsection (d) as a condition for re-7

ceiving such payment. 8

‘‘(6) PRO RATA ADJUSTMENT AUTHORITY.— 9

The amounts otherwise determined for allocation 10

and payment under paragraphs (1), (2), and (3) 11

may be adjusted by the Secretary on a pro rata 12

basis to the extent necessary to ensure that all avail-13

able funds are distributed to territories, Tribal gov-14

ernments, and States in accordance with the require-15

ments specified in each paragraph (as applicable) 16

and the certification requirement specified in sub-17

section (d). 18

‘‘(c) REQUIREMENTS.— 19

‘‘(1) USE OF FUNDS.—A State, territory, or 20

Tribal government shall only use the funds provided 21

under a payment made under this section, or trans-22

ferred pursuant to section 603(c)(3), to— 23

‘‘(A) respond to or mitigate the public 24

health emergency with respect to the 25

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Coronavirus Disease 2019 (COVID–19) or its 1

negative economic impacts; 2

‘‘(B) cover costs incurred as a result of 3

such emergency; 4

‘‘(C) replace revenue that was lost, de-5

layed, or decreased (as determined based on 6

revenue projections for the State, Tribal Gov-7

ernment, or territory as of January 27, 2020) 8

as a result of such emergency; or 9

‘‘(D) address the negative economic im-10

pacts of such emergency. 11

‘‘(2) TRANSFER AUTHORITY.—A State, terri-12

tory, or Tribal government receiving a payment from 13

funds made available under this section may transfer 14

funds to a private nonprofit organization (as that 15

term is defined in paragraph (17) of section 401 of 16

the McKinney-Vento Homeless Assistance Act (42 17

U.S.C. 11360(17)), or a public benefit corporation 18

involved in the transportation of passengers or 19

cargo, a special-purpose unit of State or local gov-20

ernment. 21

‘‘(d) CERTIFICATION OF NEED AND INTENDED 22

USES.—In order to receive a payment under this section 23

(other than the payment made in accordance with sub-24

section (b)(5)(B) of this section) or a transfer of funds 25

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•HR 1319 EH

under section 603(c)(3), a State, territory, or Tribal gov-1

ernment shall provide the Secretary with a certification 2

signed by the authorized officer of such State, territory, 3

or Tribal government, that— 4

‘‘(1) such State, territory, or Tribal government 5

requires Federal assistance under this section to ef-6

fectively carry out the activities specified in sub-7

section (c) of this section; and 8

‘‘(2) such State, territory, or Tribal govern-9

ment’s intended uses of any payment under this sec-10

tion, or transfer of funds under section 603(c)(3), 11

are consistent with subsection (c) of this section. 12

‘‘(e) DEFINITIONS.—In this section: 13

‘‘(1) SECRETARY.—The term ‘Secretary’ means 14


‘‘(2) STATE.—The term ‘State’ means each of 16

the 50 States and the District of Columbia. 17

‘‘(3) TERRITORY.—The term ‘territory’ means 18

the Commonwealth of Puerto Rico, the United 19

States Virgin Islands, Guam, the Commonwealth of 20

the Northern Mariana Islands, and American 21

Samoa. 22

‘‘(4) TRIBAL GOVERNMENT.—The term ‘Tribal 23

Government’ means the recognized governing body 24

of any Indian or Alaska Native tribe, band, nation, 25

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•HR 1319 EH

pueblo, village, community, component band, or com-1

ponent reservation, individually identified (including 2

parenthetically) in the list published most recently as 3

of the date of enactment of this Act pursuant to sec-4

tion 104 of the Federally Recognized Indian Tribe 5

List Act of 1994 (25 U.S.C. 5131). 6

‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 7





pended, for making payments under this section to metro-12

politan cities, nonentitlement units of local government, 13

and counties to mitigate the fiscal effects stemming from 14

the public health emergency with respect to the 15

Coronavirus Disease (COVID–19). 16

‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 17

‘‘(1) METROPOLITAN CITIES.— 18

‘‘(A) IN GENERAL.—Of the amount appro-19

priated under subsection (a), the Secretary 20

shall reserve $45,570,000,000 to make pay-21

ments to metropolitan cities. 22

‘‘(B) ALLOCATION AND PAYMENT.—From 23

the amount reserved under subparagraph (A), 24

the Secretary shall estimate, allocate, and pay, 25

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•HR 1319 EH

to each metropolitan city an amount determined 1

for the metropolitan city consistent with the 2

formula under section 106(b) of the Housing 3

and Community Development Act of 1974 (42 4

U.S.C. 5306(b)), except that, in applying such 5

formula, the Secretary shall substitute ‘all met-6

ropolitan cities’ for ‘all metropolitan areas’ each 7

place it appears. 8

‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-9

ERNMENT.— 10

‘‘(A) IN GENERAL.—Of the amount appro-11


shall reserve $19,530,000,000 to make pay-13

ments to States for distribution by the State to 14

nonentitlement units of local government in the 15

State. 16

‘‘(B) ALLOCATION AND PAYMENT.—From 17

the amount reserved under subparagraph (A), 18

the Secretary shall allocate and pay to each 19

State an amount which bears the same propor-20

tion to such reserved amount as the total popu-21

lation of all areas that are non-metropolitan cit-22

ies in the State bears to the total population of 23

all areas that are non-metropolitan cities in all 24

such States. 25

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•HR 1319 EH

‘‘(C) DISTRIBUTION TO NONENTITLEMENT 1

UNITS OF LOCAL GOVERNMENT.— 2

‘‘(i) IN GENERAL.—Not later than 30 3

days after a State receives a payment 4

under subparagraph (B), the State shall 5

distribute to each nonentitlement unit of 6

local government in the State an amount 7

that bears the same proportion to the 8

amount of such payment as the population 9

of the nonentitlement unit of local govern-10

ment bears to the total population of all 11

the nonentitlement units of local govern-12

ment in the State, subject to clause (iii). 13

‘‘(ii) DISTRIBUTION OF FUNDS.— 14

‘‘(I) EXTENSION FOR DISTRIBU-15

TION.—If an authorized officer of a 16

State required to make distributions 17

under clause (i) certifies in writing to 18

the Secretary before the end of the 19

30-day distribution period described 20

in such clause that it would constitute 21

an excessive administrative burden for 22

the State to meet the terms of such 23

clause with respect to 1 or more such 24

distributions, the authorized officer 25

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may request, and the Secretary shall 1

grant, an extension of such period of 2

not more than 30 days to allow the 3

State to make such distributions in 4

accordance with clause (i). 5

‘‘(II) ADDITIONAL EXTEN-6

SIONS.— 7

‘‘(aa) IN GENERAL.—If a 8

State has been granted an exten-9

sion to the distribution period 10

under subclause (I) but is unable 11

to make all the distributions re-12

quired under clause (i) before the 13

end of such period as extended, 14

the authorized officer of the 15

State may request an additional 16

extension of the distribution pe-17

riod of not more than 30 days. 18

The Secretary may grant a re-19

quest for an additional extension 20

of such period only if— 21

‘‘(AA) the authorized 22

officer making such request 23

provides a written plan to 24

the Secretary specifying, for 25

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•HR 1319 EH

each distribution for which 1

an additional extension is re-2

quested, when the State ex-3

pects to make such distribu-4

tion and the actions the 5

State has taken and will 6

take in order to make all 7

such distributions before the 8

end of the distribution pe-9

riod (as extended under sub-10

clause (I) and this sub-11

clause); and 12

‘‘(BB) the Secretary 13

certifies in writing that the 14

actions specified in such 15

plan are likely sufficient for 16

the State to make all such 17

distributions before the end 18

of the distribution period (as 19

so extended). 20

‘‘(bb) FURTHER ADDI-21

TIONAL EXTENSIONS.—If a State 22

granted an additional extension 23

of the distribution period under 24

item (aa) requires any further 25

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•HR 1319 EH

additional extensions of such pe-1

riod, the request only may be 2

made and granted subject to the 3

requirements specified in item 4

(aa). 5

‘‘(iii) CAPPED AMOUNT.—The total 6

amount distributed to a nonentitlement 7

unit of local government under this para-8

graph may not exceed the amount equal to 9

75 percent of the most recent budget for 10

the nonentitlement unit of local govern-11

ment as of January 27, 2020. 12

‘‘(iv) REDISTRIBUTION OF EXCESS 13

AMOUNTS.—Any amounts not distributed 14

to a nonentitlement unit of local govern-15

ment as a result of the application of 16

clause (iii) shall be retained or paid as fol-17

lows: 18

‘‘(I) 50 percent of all such undis-19

tributed amounts shall be retained by 20

the State. 21

‘‘(II) Subject to the payment 22

limit under clause (iii), the remainder 23

of all such undistributed amounts 24

shall be allocated and paid by the 25

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•HR 1319 EH

State to each nonentitlement unit of 1

local government in the State an 2

amount that bears the same propor-3

tion to such remainder as the popu-4

lation of the nonentitlement unit of 5

local government bears to the total 6

population of all nonentitlement units 7

of local government in the State. 8

‘‘(v) ADJUSTMENT AUTHORITY.—A 9

State may make pro rata adjustments to 10

the allocations determined under clause 11

(iv)(II) as necessary to comply with clause 12

(iii) and ensure that all available funds are 13

distributed to nonentitlement units of local 14

government in a State. 15

‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, 16

by the end of the 120-day period that begins on 17

the date a State receives a payment under sub-18

paragraph (B) or, if later, the last day of the 19

distribution period for the State (as extended 20

with respect to the State under subparagraph 21

(C)(ii)), such State has failed to make all the 22

distributions from such payment in accordance 23

with the terms of subparagraph (C) (including 24

any extensions of the distribution period grant-25

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•HR 1319 EH

ed in accordance with such subparagraph), an 1

amount equal to the amount of such payment 2

that remains undistributed as of such date shall 3

be booked as a debt of such State owed to the 4

Federal Government, shall be paid back from 5

the State’s allocation provided under section 6

602(b)(3)(B)(iii), and shall be deposited into 7

the general fund of the Treasury. 8

‘‘(3) COUNTIES.— 9

‘‘(A) AMOUNT.—From the amount appro-10


shall reserve $65,100,000,000 of such amount 12

to make payments directly to counties in an 13

amount which bears the same proportion to the 14

total amount reserved under this paragraph as 15

the relative population of each such county 16

bears to the total population of all such entities. 17

‘‘(B) SPECIAL RULES.— 18

‘‘(i) URBAN COUNTIES.—No county 19

that is an ‘urban county’ (as defined in 20

section 102 of the Housing and Commu-21

nity Development Act of 1974 (42 U.S.C. 22

5302)) shall receive less than the amount 23

the county would otherwise receive if the 24

amount paid under this paragraph were al-25

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•HR 1319 EH

located to metropolitan cities and urban 1

counties under section 106(b) of the Hous-2

ing and Community Development Act of 3

1974 (42 U.S.C. 5306(b)). 4

‘‘(ii) COUNTIES THAT ARE NOT UNITS 5

OF GENERAL LOCAL GOVERNMENT.—In 6

the case of an amount to be paid to a 7

county that is not a unit of general local 8

government, the amount shall instead be 9

paid to the State in which such county is 10

located, and such State shall distribute 11

such amount to units of general local gov-12

ernment within such county in an amounts 13

that bear the same proportion as the popu-14

lation of such units of general local govern-15

ment bear to the total population of such 16

county. 17

‘‘(iii) DISTRICT OF COLUMBIA.—For 18

purposes of this paragraph, the District of 19

Columbia shall be considered to consist of 20

a single county that is a unit of general 21

local government. 22

‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit 23

of general local government that has formed a con-24

solidated government, or that is geographically con-25

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•HR 1319 EH

tained (in full or in part) within the boundaries of 1

another unit of general local government may receive 2

a distribution under each of paragraphs (1), (2), and 3

(3), as applicable, based on the respective formulas 4

specified in such paragraphs. 5

‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— 6

The amounts otherwise determined for allocation 7

and payment under paragraphs (1), (2), and (3) 8

may be adjusted by the Secretary on a pro rata 9

basis to the extent necessary to ensure that all avail-10

able funds are distributed to metropolitan cities, 11

counties, and States in accordance with the require-12

ments specified in each paragraph (as applicable) 13

and the certification requirement specified in sub-14

section (d). 15

‘‘(6) POPULATION.—For purposes of deter-16

mining allocations under this section, the population 17

of an entity shall be determined based on the most 18

recent data are available from the Bureau of the 19

Census or, if not available, from such other data as 20

a State determines appropriate. 21

‘‘(7) TIMING.—To the extent practicable— 22

‘‘(A) with respect to each metropolitan city 23

allocated a payment under paragraph (1) and 24

each county allocated a payment under para-25

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•HR 1319 EH

graph (3), the Secretary shall make the pay-1

ment required for the metropolitan city or coun-2

ty (as applicable) not later than 60 days after 3

the date on which the certification required 4

under subsection (d) is provided to the Sec-5

retary; and 6

‘‘(B) with respect to the payments allo-7

cated to States under paragraph (2) for dis-8

tribution to nonentitlement units of local gov-9

ernment, the Secretary shall make such pay-10

ments not later than 60 days after the date of 11

enactment of this section. 12

‘‘(c) REQUIREMENTS.— 13

‘‘(1) USE OF FUNDS.—Except as provided in 14

paragraph (3), a metropolitan city, nonentitlement 15

unit of local government, or county receiving a pay-16

ment from funds made available under this section 17

shall only use such amounts to— 18

‘‘(A) respond to or mitigate the public 19

health emergency with respect to the 20

Coronavirus Disease 2019 (COVID–19) or its 21

negative economic impacts; 22

‘‘(B) cover costs incurred as a result of 23

such emergency; 24

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•HR 1319 EH

‘‘(C) replace revenue that was lost, de-1

layed, or decreased (as determined based on 2

revenue projections for the metropolitan city, 3

nonentitlement unit of local government, or 4

county as of January 27, 2020) as a result of 5

such emergency; or 6

‘‘(D) address the negative economic im-7

pacts of such emergency. 8

‘‘(2) TRANSFER AUTHORITY.—A metropolitan 9

city, nonentitlement unit of local government, or 10

county receiving a payment from funds made avail-11

able under this section may transfer funds to a pri-12

vate nonprofit organization (as that term is defined 13

in paragraph (17) of section 401 of the McKinney- 14


11360(17)), a public benefit corporation involved in 16

the transportation of passengers or cargo, or a spe-17

cial-purpose unit of State or local government. 18

‘‘(3) TRANSFERS TO STATES.—Notwithstanding 19

paragraph (1) of this subsection, a metropolitan city, 20

nonentitlement unit of local government, or county 21

receiving a payment from funds made available 22

under this section may transfer such funds to the 23

State in which such entity is located. 24

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•HR 1319 EH

‘‘(d) CERTIFICATION OF NEED AND INTENDED 1

USES.—In order to receive a payment under paragraphs 2

(1) or (3) of subsection (b), a metropolitan city or a coun-3

ty (as each of those terms are defined in subsection (e)), 4

shall provide the Secretary with a certification signed by 5

the authorized officer of such metropolitan city or county, 6

that— 7

‘‘(1) such metropolitan city or county requires 8

Federal assistance under this section to effectively 9

carry out the activities specified in subsection (c); 10

and 11

‘‘(2) such metropolitan city or county’s intended 12

uses of any payment under this section are con-13

sistent with subsection (c). 14

‘‘(e) DEFINITIONS.—In this section: 15

‘‘(1) COUNTY.—The term ‘county’ means a 16

county, parish, or other equivalent county division 17

(as defined by the Bureau of the Census). 18

‘‘(2) METROPOLITAN CITY.—The term ‘metro-19

politan city’ has the meaning given that term in sec-20

tion 102(a)(4) of the Housing and Community De-21

velopment Act of 1974 (42 U.S.C. 5302(a)(4)) and 22

includes cities that relinquish or defer their status as 23

a metropolitan city for purposes of receiving alloca-24

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•HR 1319 EH

tions under section 106 of such Act (42 U.S.C. 1

5306) for fiscal year 2021. 2

‘‘(3) NONENTITLEMENT UNIT OF LOCAL GOV-3

ERNMENT.—The term ‘nonentitlement unit of local 4

government’ means a ‘city’ (as that term is defined 5

in section 102(a)(5) of the Housing and Community 6

Development Act of 1974 (42 U.S.C. 5302(a)(5))) 7

that is not a metropolitan city. 8

‘‘(4) SECRETARY.—The term ‘Secretary’ means 9


‘‘(5) STATE.—The term ‘State’ means each of 11

the 50 States, the District of Columbia, the Com-12

monwealth of Puerto Rico, the United States Virgin 13

Islands, Guam, the Commonwealth of the Northern 14

Mariana Islands, and American Samoa. 15

‘‘(6) UNIT OF GENERAL LOCAL GOVERN-16

MENT.—The term ‘unit of general local government’ 17

has the meaning given that term in section 18

102(a)(1) of the Housing and Community Develop-19

ment Act of 1974 (42 U.S.C. 5302(a)(1)).’’. 20

(b) TECHNICAL AMENDMENT.—The heading for title 21

VI of the Social Security Act (42 U.S.C. 801 et seq.) is 22

amended by striking ‘‘FUND’’ and inserting ‘‘AND 23

FISCAL RECOVERY FUNDS’’. 24

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•HR 1319 EH

Subtitle B—Other Matters 1

SEC. 5111. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. 2

(a) ESTABLISHMENT; APPROPRIATION.—There is es-3

tablished in the Treasury the Emergency Federal Em-4

ployee Leave Fund (in this section referred to as the 5

‘‘Fund’’), to be administered by the Director of the Office 6

of Personnel Management, for the purposes set forth in 7

subsection (b). In addition to amounts otherwise available, 8



$570,000,000, which shall be deposited into the Fund and 11

remain available through September 30, 2022. The Fund 12

is available for reasonable expenses incurred by the Office 13

of Personnel Management in administering this section. 14

(b) PURPOSE.—Amounts in the Fund shall be avail-15

able for reimbursement to an agency for the use of paid 16

leave under this section by any employee of the agency 17

who is unable to work because the employee— 18

(1) is subject to a Federal, State, or local quar-19

antine or isolation order related to COVID–19; 20

(2) has been advised by a health care provider 21

to self-quarantine due to concerns related to 22

COVID–19; 23

(3) is caring for an individual who is subject to 24

such an order or has been so advised; 25

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•HR 1319 EH

(4) is experiencing symptoms of COVID–19 1

and seeking a medical diagnosis; 2

(5) is caring for a son or daughter of such em-3

ployee if the school or place of care of the son or 4

daughter has been closed, if the school of such son 5

or daughter requires or makes optional a virtual 6

learning instruction model or requires or makes op-7

tional a hybrid of in-person and virtual learning in-8

struction models, or the child care provider of such 9

son or daughter is unavailable, due to COVID–19 10

precautions; 11

(6) is experiencing any other substantially simi-12

lar condition; 13

(7) is caring for a family member with a mental 14

or physical disability or who is 55 years of age or 15

older and incapable of self-care, without regard to 16

whether another individual other than the employee 17

is available to care for such family member, if the 18

place of care for such family member is closed or the 19

direct care provider is unavailable due to COVID– 20

19; or 21

(8) is obtaining immunization related to 22

COVID–19 or to recover from any injury, disability, 23

illness, or condition related to such immunization. 24

(c) LIMITATIONS.— 25

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•HR 1319 EH

(1) PERIOD OF AVAILABILITY.—Paid leave 1

under this section may only be provided to and used 2

by an employee during the period beginning on the 3

date of enactment of this Act and ending on Sep-4

tember 30, 2021. 5

(2) TOTAL HOURS; AMOUNT.—Paid leave under 6

this section— 7

(A) shall be provided to an employee in an 8

amount not to exceed 600 hours of paid leave 9

for each full-time employee, and in the case of 10

a part-time employee, employee on an uncom-11

mon tour of duty, or employee with a seasonal 12

work schedule, in an amount not to exceed the 13

proportional equivalent of 600 hours to the ex-14

tent amounts in the Fund remain available for 15

reimbursement; 16

(B) shall be paid at the same hourly rate 17

as other leave payments; and 18

(C) may not be provided to an employee if 19

the leave would result in payments greater than 20

$2,800 in aggregate for any biweekly pay pe-21

riod for a full-time employee, or a proportion-22

ally equivalent biweekly limit for a part-time 23

employee. 24

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•HR 1319 EH

(3) RELATIONSHIP TO OTHER LEAVE.—Paid 1

leave under this section— 2

(A) is in addition to any other leave pro-3

vided to an employee; and 4

(B) may not be used by an employee con-5

currently with any other paid leave. 6

(4) CALCULATION OF RETIREMENT BENEFIT.— 7

Any paid leave provided to an employee under this 8

section shall reduce the total service used to cal-9

culate any Federal civilian retirement benefit. 10

(d) EMPLOYEE DEFINED.—In this section, the term 11

‘‘employee’’ means— 12

(1) an individual in the executive branch for 13

whom annual and sick leave is provided under sub-14

chapter I of chapter 63 of title 5, United States 15

Code; 16

(2) an individual employed by the United States 17

Postal Service; 18

(3) an individual employed by the Postal Regu-19

latory Commission; and 20

(4) an employee of the Public Defender Service 21

for the District of Columbia and the District of Co-22

lumbia Courts. 23

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SEC. 5112. FUNDING FOR THE GOVERNMENT ACCOUNT-1

ABILITY OFFICE. 2




remain available until September 30, 2025, for necessary 6

expenses of the Government Accountability Office to pre-7

vent, prepare for, and respond to Coronavirus and to sup-8

port oversight of the Coronavirus response and of funds 9

provided in this Act or any other Act pertaining to the 10

Coronavirus pandemic. 11

SEC. 5113. PANDEMIC RESPONSE ACCOUNTABILITY COM-12

MITTEE FUNDING AVAILABILITY. 13




remain available until September 30, 2025, for the Pan-17

demic Response Accountability Committee to promote 18

transparency and support oversight of the Coronavirus re-19

sponse and of funds provided in this Act or any other Act 20

pertaining to the Coronavirus pandemic. 21

SEC. 5114. FUNDING FOR THE WHITE HOUSE. 22




remain available until September 30, 2021, for necessary 26

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•HR 1319 EH

expenses for the White House, to prevent, prepare for, and 1

respond to coronavirus. 2

TITLE VI—COMMITTEE ON 3

SMALL BUSINESS 4

SEC. 6001. MODIFICATIONS TO PAYCHECK PROTECTION 5

PROGRAM. 6

(a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES 7

FOR COVERED LOANS UNDER THE PAYCHECK PROTEC-8

TION PROGRAM.— 9

(1) IN GENERAL.—Section 7(a)(36) of the 10

Small Business Act (15 U.S.C. 636(a)(36)), as 11

amended by the Economic Aid to Hard-Hit Small 12

Businesses, Nonprofits, and Venues Act (title III of 13

division N of Public Law 116–260), is amended— 14

(A) in subparagraph (A)— 15

(i) in clause (xv), by striking ‘‘and’’ at 16

the end; 17

(ii) in clause (xvi), by striking the pe-18

riod at the end and inserting ‘‘; and’’; and 19

(iii) by adding at the end the fol-20

lowing: 21

‘‘(xvii) the term ‘additional covered 22

nonprofit entity’— 23

‘‘(I) means an organization de-24

scribed in any paragraph of section 25

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501(c) of the Internal Revenue Code 1

of 1986, other than paragraph (3), 2

(4), (6), or (19), and exempt from tax 3

under section 501(a) of such Code; 4

and 5

‘‘(II) does not include any entity 6

that, if the entity were a business con-7

cern, would be described in section 8

120.110 of title 13, Code of Federal 9

Regulations (or in any successor regu-10

lation or other related guidance or 11

rule that may be issued by the Admin-12

istrator) other than a business con-13

cern described in paragraph (a) or (k) 14

of such section.’’; and 15

(B) in subparagraph (D)— 16

(i) in clause (iii), by adding at the end 17

the following: 18

‘‘(III) ELIGIBILITY OF CERTAIN 19

ORGANIZATIONS.—Subject to the pro-20

visions in this subparagraph, during 21

the covered period— 22

‘‘(aa) a nonprofit organiza-23

tion shall be eligible to receive a 24

covered loan if the nonprofit or-25

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ganization employs not more 1

than 500 employees per physical 2

location of the organization; and 3

‘‘(bb) an additional covered 4

nonprofit entity and an organiza-5

tion that, but for subclauses 6

(I)(dd) and (II)(dd) of clause 7

(vii), would be eligible for a cov-8

ered loan under clause (vii) shall 9

be eligible to receive a covered 10

loan if the entity or organization 11

employs not more than 300 em-12

ployees per physical location of 13

the entity or organization.’’; 14

(ii) in clause (iv)— 15

(I) in subclause (III), by striking 16

‘‘and’’ at the end; 17

(II) in subclause (IV)— 18

(aa) by striking ‘‘(aa)’’; 19

(bb) by striking ‘‘; or’’ and 20

inserting a semicolon; and 21

(cc) by striking item (bb); 22

and 23

(III) by adding at the end the 24

following: 25

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‘‘(V) any nonprofit organization, 1

additional covered nonprofit entity, or 2

any organization made eligible for a 3

loan under clause (vii); and’’; and 4

(iii) by striking clause (vi) and insert-5

ing the following: 6

‘‘(vi) ELIGIBILITY OF ADDITIONAL 7

COVERED NONPROFIT ENTITIES.—An addi-8

tional covered nonprofit entity shall be eli-9

gible to receive a covered loan if— 10

‘‘(I) the additional covered non-11

profit entity does not receive more 12

than 15 percent of its receipts from 13

lobbying activities; 14

‘‘(II) the lobbying activities of 15

the additional covered nonprofit entity 16

do not comprise more than 15 percent 17

of the total activities of the organiza-18

tion; 19

‘‘(III) the cost of the lobbying ac-20

tivities of the additional covered non-21

profit entity did not exceed 22

$1,000,000 during the most recent 23

tax year of the additional covered non-24

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•HR 1319 EH

profit entity that ended prior to Feb-1

ruary 15, 2020; and 2

‘‘(IV) the additional covered non-3

profit entity employs not more than 4

300 employees.’’. 5

(2) ELIGIBILITY FOR SECOND DRAW LOANS.— 6

Paragraph (37)(A)(i) of section 7(a) of the Small 7

Business Act (15 U.S.C. 636(a)), as added by the 8

Economic Aid to Hard-Hit Small Businesses, Non-9

profits, and Venues Act (title III of division N of 10

Public Law 116–260), is amended by inserting ‘‘ ‘ad-11

ditional covered nonprofit entity’,’’ after ‘‘the 12

terms’’. 13

(b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI-14

ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK 15

PROTECTION PROGRAM.— 16

(1) IN GENERAL.—Section 7(a)(36)(D) of the 17

Small Business Act (15 U.S.C. 636(a)(36)(D)), as 18

amended by subsection (a), is further amended— 19

(A) in clause (iii), by adding at the end the 20

following: 21

‘‘(IV) ELIGIBILITY OF INTERNET 22

PUBLISHING ORGANIZATIONS.—A 23

business concern or other organization 24

that was not eligible to receive a cov-25

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ered loan the day before the date of 1

enactment of this subclause, is as-2

signed a North American Industry 3

Classification System code of 519130, 4

certifies in good faith as an Internet- 5

only news publisher or Internet-only 6

periodical publisher, and is engaged in 7

the collection and distribution of local 8

or regional and national news and in-9

formation shall be eligible to receive a 10

covered loan for the continued provi-11

sion of news, information, content, or 12

emergency information if— 13

‘‘(aa) the business concern 14

or organization employs not more 15

than 500 employees, or the size 16

standard established by the Ad-17

ministrator for that North Amer-18

ican Industry Classification code, 19

per physical location of the busi-20

ness concern or organization; and 21

‘‘(bb) the business concern 22

or organization makes a good 23

faith certification that proceeds 24

of the loan will be used to sup-25

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•HR 1319 EH

port expenses at the component 1

of the business concern or orga-2

nization that supports local or re-3

gional news.’’; 4

(B) in clause (iv), by adding at the end the 5

following: 6

‘‘(VI) any business concern or 7

other organization that was not eligi-8

ble to receive a covered loan the day 9

before the date of enactment of this 10

subclause, is assigned a North Amer-11

ican Industry Classification System 12

code of 519130, certifies in good faith 13

as an Internet-only news publisher or 14

Internet-only periodical publisher, and 15

is engaged in the collection and dis-16

tribution of local or regional and na-17

tional news and information, if the 18

business concern or organization— 19

‘‘(aa) employs not more 20

than 500 employees, or the size 21

standard established by the Ad-22

ministrator for that North Amer-23

ican Industry Classification code, 24

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•HR 1319 EH

per physical location of the busi-1

ness concern or organization; and 2

‘‘(bb) is majority owned or 3

controlled by a business concern 4

or organization that is assigned a 5

North American Industry Classi-6

fication System code of 7

519130.’’; 8

(C) in clause (v), by striking ‘‘clause 9

(iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub-10

clause (II), (III), or (IV) of clause (iii), sub-11

clause (IV) or (VI) of clause (iv), clause (vi), or 12

clause (vii)’’; and 13

(D) in clause (viii)(II)— 14

(i) by striking ‘‘business concern made 15

eligible by clause (iii)(II) or clause (iv)(IV) 16

of this subparagraph’’ and inserting ‘‘busi-17

ness concern made eligible by subclause 18

(II) or (IV) of clause (iii) or subclause (IV) 19

or (VI) of clause (iv) of this subpara-20

graph’’; and 21

(ii) by inserting ‘‘or organization’’ 22

after ‘‘business concern’’ each place it ap-23

pears. 24

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•HR 1319 EH

(2) ELIGIBILITY FOR SECOND DRAW LOANS.— 1

Section 7(a)(37)(A)(iv)(II) of the Small Business 2

Act, as amended by the Economic Aid to Hard-Hit 3

Small Businesses, Nonprofits, and Venues Act (title 4

III of division N of Public Law 116–260), is amend-5

ed by striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and 6

inserting ‘‘subclause (II) or (III) of clause (iii), sub-7

clause (IV) or (V) of clause (iv), clause (vi), or 8

clause (vii)’’. 9

(c) COORDINATION WITH CONTINUATION COVERAGE 10


(1) PAYCHECK PROTECTION PROGRAM.—Sec-12

tion 7A(a)(12) of the Small Business Act (as redes-13

ignated, transferred, and amended by section 304(b) 14

of the Economic Aid to Hard-Hit Small Businesses, 15

Nonprofits, and Venues Act (Public Law 116–260)) 16

is amended— 17

(A) by striking ‘‘CARES Act or’’ and in-18

serting ‘‘CARES Act,’’; and 19

(B) by inserting before the period at the 20

end the following: ‘‘, or premiums taken into 21

account in determining the credit allowed under 22

section 6432 of the Internal Revenue Code of 23

1986’’. 24

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•HR 1319 EH

(2) PAYCHECK PROTECTION PROGRAM SECOND 1

DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small 2

Business Act, as amended by the Economic Aid to 3

Hard-Hit Small Businesses, Nonprofits, and Venues 4

Act (title III of division N of Public Law 116–260), 5

is amended— 6

(A) by striking ‘‘or’’ at the end of item 7

(aa); 8

(B) by striking the period at the end of 9

item (bb) and inserting ‘‘; or’’; and 10

(C) by adding at the end the following new 11

item: 12

‘‘(cc) premiums taken into 13

account in determining the credit 14

allowed under section 6432 of the 15

Internal Revenue Code of 1986.’’. 16

(3) APPLICABILITY.—The amendments made 17

by this subsection shall apply only with respect to 18

applications for forgiveness of covered loans made 19

under paragraphs (36) or (37) of section 7(a) of the 20

Small Business Act, as amended by the Economic 21

Aid to Hard-Hit Small Businesses, Nonprofits, and 22

Venues Act (title III of division N of Public Law 23

116–260), that are received on or after the date of 24

the enactment of this Act. 25

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•HR 1319 EH

(d) COMMITMENT AUTHORITY AND APPROPRIA-1

TIONS.— 2

(1) COMMITMENT AUTHORITY.—Section 3

1102(b)(1) of the CARES Act (Public Law 116– 4

136) is amended by striking ‘‘$806,450,000,000’’ 5

and inserting ‘‘$813,700,000,000’’. 6

(2) DIRECT APPROPRIATIONS.—In addition to 7

amounts otherwise available, there is appropriated to 8

the Administrator of the Small Business Administra-9

tion for fiscal year 2021, out of any money in the 10

Treasury not otherwise appropriated, 11

$7,250,000,000, to remain available until expended, 12

for carrying out this section. 13

SEC. 6002. TARGETED EIDL ADVANCE. 14

(a) DEFINITIONS.—In this section— 15

(1) the term ‘‘Administrator’’ means the Ad-16

ministrator of the Small Business Administration; 17

(2) the terms ‘‘covered entity’’ and ‘‘economic 18

loss’’ have the meanings given the terms in section 19

331(a) of the Economic Aid to Hard-Hit Small 20

Businesses, Nonprofits, and Venues Act (title III of 21

division N of Public Law 116–260); 22

(3) the term ‘‘severely impacted small business’’ 23

means a covered entity that— 24

309

•HR 1319 EH

(A) has suffered an economic loss of great-1

er than 50 percent; and 2

(B) employs not more than 10 employees; 3

(4) the term ‘‘substantially impacted small busi-4

ness’’ means a covered entity that— 5

(A) employs not more than 10 employees; 6

and 7

(B) is not a severely impacted small busi-8

ness; and 9

(5) the term ‘‘supplemental payment’’ means a 10

payment— 11

(A) made by the Administrator under sec-12

tion 1110(e) of the CARES Act (15 U.S.C. 13

9009(e)) to a severely impacted small business 14

or a substantially impacted small business; 15

(B) in an amount that is $5,000; and 16

(C) that, with respect to a covered entity, 17

is in addition to any payment made to the cov-18

ered entity under section 1110(e) of the 19

CARES Act (15 U.S.C. 9009(e)) or section 331 20

of the Economic Aid to Hard-Hit Small Busi-21

nesses, Nonprofits, and Venues Act (title III of 22

division N of Public Law 116–260). 23

(b) PAYMENTS.—The Administrator shall take the 24

following actions: 25

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•HR 1319 EH

(1) Not later than 14 days after the date of the 1

enactment of this subsection, the Administrator shall 2

begin processing applications for payments, and may 3

make payments, to covered entities that have not re-4

ceived the full amounts to which the covered entities 5

are entitled under section 331 of the Economic Aid 6

to Hard-Hit Small Businesses, Nonprofits, and 7


116–260). 9

(2)(A) During the 14-day period beginning on 10

the date that is 28 days after the date of enactment 11

of this subsection, and subject to the availability of 12

funds, the Administrator shall— 13

(i) begin processing applications for sup-14

plemental payments to severely impacted small 15

businesses; and 16

(ii) continue to process applications for the 17

payments described in paragraph (1). 18

(B) During the period described in subpara-19

graph (A), the Administrator may make supple-20

mental payments to severely impacted small busi-21

nesses, and payments described in paragraph (1), in 22

the order that the Administrator receives applica-23

tions for those payments. 24

311

•HR 1319 EH

(3)(A) Beginning on the date that is 42 days 1

after the date of enactment of this subsection, and 2

subject to the availability of funds, the Adminis-3

trator shall— 4

(i) begin processing applications for sup-5

plemental payments to substantially impacted 6

small businesses; and 7

(ii) continue to process applications for the 8

supplemental payments described in paragraph 9

(2) and payments described in paragraph (1). 10

(B) During the period described in subpara-11

graph (A), the Administrator may make supple-12

mental payments to substantially impacted small 13

businesses, supplemental payments described in 14

paragraph (2), and payments described in paragraph 15

(1), in the order that the Administrator receives ap-16

plications for those payments. 17

(c) APPROPRIATIONS.—In addition to amounts other-18

wise available, there is appropriated to the Administrator 19


not otherwise appropriated, $15,000,000,000, to remain 21

available until expended, for carrying out this section. 22

SEC. 6003. SUPPORT FOR RESTAURANTS. 23


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•HR 1319 EH

(1) ADMINISTRATOR.—The term ‘‘Adminis-1

trator’’ means the Administrator of the Small Busi-2

ness Administration. 3

(2) AFFILIATED BUSINESS.—The term ‘‘affili-4

ated business’’ means a business in which an eligible 5

entity has an equity or right to profit distributions 6

of not less than 50 percent, or in which an eligible 7

entity has the contractual authority to control the 8

direction of the business, provided that such affili-9

ation shall be determined as of any arrangements or 10

agreements in existence as of March 13, 2020. 11

(3) COVERED PERIOD.—The term ‘‘covered pe-12

riod’’ means the period— 13

(A) beginning on February 15, 2020; and 14

(B) ending on December 31, 2021, or a 15

date to be determined by the Administrator 16

that is not later than 2 years after the date of 17

enactment of this section. 18

(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-19

ty’’— 20

(A) means a restaurant, food stand, food 21

truck, food cart, caterer, saloon, inn, tavern, 22

bar, lounge, brewpub, tasting room, taproom, li-23

censed facility or premise of a beverage alcohol 24

producer where the public may taste, sample, or 25

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•HR 1319 EH

purchase products, or other similar place of 1

business in which the public or patrons assem-2

ble for the primary purpose of being served food 3

or drink; 4

(B) includes an entity described in sub-5

paragraph (A) that is located in an airport ter-6

minal or that is a Tribally-owned concern; and 7

(C) does not include— 8

(i) an entity described in subpara-9

graph (A) that— 10

(I) is a State or local govern-11

ment-operated business; 12

(II) as of March 13, 2020, owns 13

or operates (together with any affili-14

ated business) more than 20 locations, 15

regardless of whether those locations 16

do business under the same or mul-17

tiple names; or 18

(III) has a pending application 19

for or has received a grant under sec-20

tion 324 of the Economic Aid to 21

Hard-Hit Small Businesses, Non-22

profits, and Venues Act (title III of 23

division N of Public Law 116–260); 24

or 25

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•HR 1319 EH

(ii) a publicly-traded company. 1

(5) EXCHANGE; ISSUER; SECURITY.—The terms 2

‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 3

meanings given those terms in section 3(a) of the 4

Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 5

(6) FUND.—The term ‘‘Fund’’ means the Res-6

taurant Revitalization Fund established under sub-7

section (b). 8

(7) PANDEMIC-RELATED REVENUE LOSS.—The 9

term ‘‘pandemic-related revenue loss’’ means, with 10

respect to an eligible entity— 11

(A) except as provided in subparagraphs 12

(B), (C), and (D), the gross receipts, as estab-13

lished using such verification documentation as 14

the Administrator may require, of the eligible 15

entity during 2020 subtracted from the gross 16

receipts of the eligible entity in 2019, if such 17

sum is greater than zero; 18

(B) if the eligible entity was not in oper-19

ation for the entirety of 2019— 20

(i) the difference between— 21

(I) the product obtained by mul-22

tiplying the average monthly gross re-23

ceipts of the eligible entity in 2019 by 24

12; and 25

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•HR 1319 EH

(II) the product obtained by mul-1

tiplying the average monthly gross re-2

ceipts of the eligible entity in 2020 by 3

12; or 4

(ii) an amount based on a formula de-5

termined by the Administrator; 6

(C) if the eligible entity opened during the 7

period beginning on January 1, 2020, and end-8

ing on the day before the date of enactment of 9

this section— 10

(i) the expenses described in sub-11

section (c)(5)(A) that were incurred by the 12

eligible entity minus any gross receipts re-13

ceived; or 14


termined by the Administrator; or 16

(D) if the eligible entity has not yet opened 17

as of the date of application for a grant under 18

subsection (c), but has incurred expenses de-19

scribed in subsection (c)(5)(A) as of the date of 20

enactment of this section— 21

(i) the amount of those expenses; or 22


termined by the Administrator. 24

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•HR 1319 EH

For purposes of this paragraph, the pandemic-re-1

lated revenue losses for an eligible entity shall be re-2

duced by any amounts received from a covered loan 3

made under paragraph (36) or (37) of section 7(a) 4

of the Small Business Act (15 U.S.C. 636(a)) in 5

2020 or 2021. 6

(8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 7

has the meaning given the term in section 8

7(a)(36)(A) of the Small Business Act (15 U.S.C. 9

636(a)(36)(A)), except that such term shall not in-10

clude— 11

(A) qualified wages (as defined in sub-12

section (c)(3) of section 2301 of the CARES 13

Act) taken into account in determining the 14

credit allowed under such section 2301; or 15

(B) premiums taken into account in deter-16

mining the credit allowed under section 6432 of 17

the Internal Revenue Code of 1986. 18

(9) PUBLICLY-TRADED COMPANY.—The term 19

‘‘publicly-traded company’’ means an entity that is 20

majority owned or controlled by an entity that is an 21

issuer, the securities of which are listed on a na-22

tional securities exchange under section 6 of the Se-23

curities Exchange Act of 1934 (15 U.S.C. 78f). 24

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•HR 1319 EH

(10) TRIBALLY-OWNED CONCERN.—The term 1

‘‘Tribally-owned concern’’ has the meaning given the 2

term in section 124.3 of title 13, Code of Federal 3

Regulations, or any successor regulation. 4

(b) RESTAURANT REVITALIZATION FUND.— 5

(1) IN GENERAL.—There is established in the 6

Treasury of the United States a fund to be known 7

as the Restaurant Revitalization Fund. 8

(2) APPROPRIATIONS.— 9

(A) IN GENERAL.—In addition to amounts 10

otherwise available, there is appropriated to the 11

Restaurant Revitalization Fund for fiscal year 12

2021, out of any money in the Treasury not 13

otherwise appropriated, $25,000,000,000, to re-14

main available until expended. 15

(B) DISTRIBUTION.— 16

(i) IN GENERAL.—Of the amounts 17

made available under subparagraph (A)— 18

(I) $5,000,000,000 shall be avail-19

able to eligible entities with gross re-20

ceipts during 2019 of not more than 21

$500,000; and 22

(II) $20,000,000,000 shall be 23

available to the Administrator to 24

award grants under subsection (c) in 25

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•HR 1319 EH

an equitable manner to eligible enti-1

ties of different sizes based on annual 2

gross receipts. 3

(ii) ADJUSTMENTS.—The Adminis-4

trator may make adjustments as necessary 5

to the distribution of funds under clause 6

(i)(II) based on demand and the relative 7

local costs in the markets in which eligible 8

entities operate. 9

(C) GRANTS AFTER INITIAL PERIOD.— 10

Notwithstanding subparagraph (B), on and 11

after the date that is 60 days after the date of 12

enactment of this section, or another period of 13

time determined by the Administrator, the Ad-14

ministrator may make grants using amounts 15

appropriated under subparagraph (A) to any el-16

igible entity regardless of the annual gross re-17

ceipts of the eligible entity. 18

(3) USE OF FUNDS.—The Administrator shall 19

use amounts in the Fund to make grants described 20

in subsection (c). 21

(c) RESTAURANT REVITALIZATION GRANTS.— 22

(1) IN GENERAL.—Except as provided in sub-23

section (b) and paragraph (3), the Administrator 24

shall award grants to eligible entities in the order in 25

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•HR 1319 EH

which applications are received by the Adminis-1

trator. 2

(2) APPLICATION.— 3

(A) CERTIFICATION.—An eligible entity 4

applying for a grant under this subsection shall 5

make a good faith certification that— 6

(i) the uncertainty of current eco-7

nomic conditions makes necessary the 8

grant request to support the ongoing oper-9

ations of the eligible entity; and 10

(ii) the eligible entity has not applied 11

for or received a grant under section 324 12

of the Economic Aid to Hard-Hit Small 13

Businesses, Nonprofits, and Venues Act 14

(title III of division N of Public Law 116– 15

260). 16

(B) BUSINESS IDENTIFIERS.—In accepting 17

applications for grants under this subsection, 18

the Administrator shall prioritize the ability of 19

each applicant to use their existing business 20

identifiers over requiring other forms of reg-21

istration or identification that may not be com-22

mon to their industry and imposing additional 23

burdens on applicants. 24

(3) PRIORITY IN AWARDING GRANTS.— 25

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•HR 1319 EH

(A) IN GENERAL.—During the initial 21- 1

day period in which the Administrator awards 2

grants under this subsection, the Administrator 3

shall prioritize awarding grants to eligible enti-4

ties that are small business concerns owned and 5

controlled by women (as defined in section 3(n) 6

of the Small Business Act (15 U.S.C. 632(n))), 7

small business concerns owned and controlled 8

by veterans (as defined in section 3(q) of such 9

Act (15 U.S.C. 632(q))), or socially and eco-10

nomically disadvantaged small business con-11

cerns (as defined in section 8(a)(4)(A) of the 12

Small Business Act (15 U.S.C. 637(a)(4)(A))). 13

The Administrator may take such steps as nec-14

essary to ensure that eligible entities described 15

in this subparagraph have access to grant fund-16

ing under this section after the end of such 21- 17

day period. 18

(B) CERTIFICATION.—For purposes of es-19

tablishing priority under subparagraph (A), an 20

applicant shall submit a self-certification of eli-21

gibility for priority with the grant application. 22

(4) GRANT AMOUNT.— 23

(A) AGGREGATE MAXIMUM AMOUNT.—The 24

aggregate amount of grants made to an eligible 25

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•HR 1319 EH

entity and any affiliated businesses of the eligi-1

ble entity under this subsection— 2

(i) shall not exceed $10,000,000; and 3

(ii) shall be limited to $5,000,000 per 4

physical location of the eligible entity. 5

(B) DETERMINATION OF GRANT 6

AMOUNT.— 7

(i) IN GENERAL.—Except as provided 8

in this paragraph, the amount of a grant 9

made to an eligible entity under this sub-10

section shall be equal to the pandemic-re-11

lated revenue loss of the eligible entity. 12

(ii) RETURN TO TREASURY.—Any 13

amount of a grant made under this sub-14

section to an eligible entity based on esti-15

mated receipts that is greater than the ac-16

tual gross receipts of the eligible entity in 17

2020 shall be returned to the Treasury. 18

(5) USE OF FUNDS.—During the covered pe-19

riod, an eligible entity that receives a grant under 20

this subsection may use the grant funds for the fol-21

lowing expenses incurred as a direct result of, or 22

during, the COVID–19 pandemic: 23

(A) Payroll costs. 24

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(B) Payments of principal or interest on 1

any mortgage obligation (which shall not in-2

clude any prepayment of principal on a mort-3

gage obligation). 4

(C) Rent payments, including rent under a 5

lease agreement (which shall not include any 6

prepayment of rent). 7

(D) Utilities. 8

(E) Maintenance expenses, including— 9

(i) construction to accommodate out-10

door seating; and 11

(ii) walls, floors, deck surfaces, fur-12

niture, fixtures, and equipment. 13

(F) Supplies, including protective equip-14

ment and cleaning materials. 15

(G) Food and beverage expenses that are 16

within the scope of the normal business practice 17

of the eligible entity before the covered period. 18

(H) Covered supplier costs, as defined in 19

section 7A(a) of the Small Business Act (as re-20

designated, transferred, and amended by sec-21

tion 304(b) of the Economic Aid to Hard-Hit 22

Small Businesses, Nonprofits, and Venues Act 23

(Public Law 116–260)). 24

(I) Operational expenses. 25

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(J) Paid sick leave. 1

(K) Any other expenses that the Adminis-2

trator determines to be essential to maintaining 3

the eligible entity. 4

(6) RETURNING FUNDS.—If an eligible entity 5

that receives a grant under this subsection fails to 6

use all grant funds or permanently ceases operations 7

on or before the last day of the covered period, the 8

eligible entity shall return to the Treasury any funds 9

that the eligible entity did not use for the allowable 10

expenses under paragraph (5). 11

SEC. 6004. COMMUNITY NAVIGATOR PILOT PROGRAM. 12


(1) ADMINISTRATION.—The term ‘‘Administra-14

tion’’ means the Small Business Administration. 15

(2) ADMINISTRATOR.—The term ‘‘Adminis-16

trator’’ means the Administrator of the Small Busi-17

ness Administration. 18

(3) COMMUNITY NAVIGATOR SERVICES.—The 19

term ‘‘community navigator services’’ means the out-20

reach, education, and technical assistance provided 21

by community navigators that target eligible busi-22

nesses to increase awareness of, and participation in, 23

programs of the Small Business Administration. 24

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(4) COMMUNITY NAVIGATOR.—The term ‘‘com-1

munity navigator’’ means a community organization, 2

community financial institution as defined in section 3


636(a)(36)(A)), or other private nonprofit organiza-5

tion engaged in the delivery of community navigator 6

services. 7

(5) ELIGIBLE BUSINESS.—The term ‘‘eligible 8

business’’ means any small business concern, with 9

priority for small business concerns owned and con-10

trolled by women (as defined in section 3(n) of the 11

Small Business Act (15 U.S.C. 632(n))), small busi-12

ness concerns owned and controlled by veterans (as 13

defined in section 3(q) of such Act (15 U.S.C. 14

632(q))), and socially and economically disadvan-15

taged small business concerns (as defined in section 16


637(a)(4)(A))). 18

(6) PRIVATE NONPROFIT ORGANIZATION.—The 19

term ‘‘private nonprofit organization’’ means an en-20

tity that is described in section 501(c) of the Inter-21

nal Revenue Code of 1986 and exempt from tax 22

under section 501(a) of such Code. 23

(7) RESOURCE PARTNER.—The term ‘‘resource 24

partner’’ means— 25

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(A) a small business development center 1

(as defined in section 3 of the Small Business 2

Act (15 U.S.C. 632)); 3

(B) a women’s business center (as de-4

scribed in section 29 of the Small Business Act 5

(15 U.S.C. 656)); and 6

(C) a chapter of the Service Corps of Re-7

tired Executives (as defined in section 8

8(b)(1)(B) of the Act (15 U.S.C. 9

637(b)(1)(B))). 10

(8) SMALL BUSINESS CONCERN.—The term 11

‘‘small business concern’’ has the meaning given 12

under section 3 of the Small Business Act (15 13

U.S.C. 632). 14

(9) STATE.—The term ‘‘State’’ means a State 15

of the United States, the District of Columbia, the 16

Commonwealth of Puerto Rico, the Virgin Islands, 17

American Samoa, the Commonwealth of the North-18

ern Mariana Islands, and Guam, or an agency, in-19

strumentality, or fiscal agent thereof. 20

(10) UNIT OF GENERAL LOCAL GOVERN-21

MENT.—The term ‘‘unit of general local govern-22

ment’’ means a county, city, town, village, or other 23

general purpose political subdivision of a State. 24

(b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 25

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(1) IN GENERAL.—The Administrator of the 1

Small Business Administration shall establish a 2

Community Navigator pilot program to make grants 3

to, or enter into contracts or cooperative agreements 4

with, private nonprofit organizations, resource part-5

ners, States, Tribes, and units of local government 6

to ensure the delivery of free community navigator 7

services to current or prospective owners of eligible 8

businesses in order to improve access to assistance 9

programs and resources made available because of 10

the COVID–19 pandemic by Federal, State, Tribal, 11

and local entities. 12

(2) APPROPRIATIONS.—In addition to amounts 13

otherwise available, there is appropriated to the Ad-14

ministrator for fiscal year 2021, out of any money 15


$100,000,000, to remain available until September 17

30, 2022, for carrying out this subsection. 18

(c) OUTREACH AND EDUCATION.— 19

(1) PROMOTION.—The Administrator shall de-20

velop and implement a program to promote commu-21

nity navigator services to current or prospective 22

owners of eligible businesses. 23

(2) CALL CENTER.—The Administrator shall 24

establish a telephone hotline to offer information 25

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about Federal programs to assist eligible businesses 1

and offer referral services to resource partners, com-2

munity navigators, potential lenders, and other per-3

sons that the Administrator determines appropriate 4

for current or prospective owners of eligible busi-5

nesses. 6

(3) OUTREACH.—The Administrator shall— 7

(A) conduct outreach and education, in the 8

10 most commonly spoken languages in the 9

United States, to current or prospective owners 10

of eligible businesses on community navigator 11

services and other Federal programs to assist 12

eligible businesses; 13

(B) improve the website of the Administra-14

tion to describe such community navigator serv-15

ices and other Federal programs; and 16

(C) implement an education campaign by 17

advertising in media targeted to current or pro-18

spective owners of eligible businesses. 19

(4) APPROPRIATIONS.—In addition to amounts 20

otherwise available, there is appropriated to the Ad-21

ministrator for fiscal year 2021, out of any money 22


$75,000,000, to remain available until September 24

30, 2022, for carrying out this subsection. 25

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(d) SUNSET.—The authority of the Administrator to 1

make grants under this section shall terminate on Decem-2

ber 31, 2025. 3

SEC. 6005. SHUTTERED VENUE OPERATORS. 4




to remain available until expended, to carry out section 8

324 of the Economic Aid to Hard-Hit Small Businesses, 9

Nonprofits, and Venues Act (title III of division N of Pub-10

lic Law 116–260), of which $500,000 shall be used to pro-11

vide technical assistance to help applicants access the Sys-12

tem for Award Management (or any successor thereto) or 13

to assist applicants with an alternative grant application 14

system, which the Administrator of the Small Business 15

Administration may develop for use for grant programs 16

of the Small Business Administration. 17

SEC. 6006. DIRECT APPROPRIATIONS. 18


available, there is appropriated to the Administrator for 20

fiscal year 2021, out of any money in the Treasury not 21

otherwise appropriated, to remain available until ex-22

pended— 23

(1) $840,000,000 for administrative expenses, 24

including to prevent, prepare for, and respond to the 25

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COVID–19 pandemic, domestically or internation-1

ally, including administrative expenses related to 2

paragraphs (36) and (37) of section 7(a) of the 3

Small Business Act, section 324 of the Economic 4

Aid to Hard-Hit Small Businesses, Nonprofits, and 5


116–260), section 6002 of this title, and section 7

6003 of this title; and 8

(2) $460,000,000 to carry out the disaster loan 9

program authorized by section 7(b) of the Small 10

Business Act (15 U.S.C. 636(b)), of which 11

$70,000,000 shall be for the cost of direct loans au-12

thorized by such section and $390,000,000 shall be 13

for administrative expenses to carry out such pro-14

gram. 15

(b) INSPECTOR GENERAL.—In addition to amounts 16

otherwise available, there is appropriated to the Inspector 17

General of the Small Business Administration for fiscal 18



pended, for necessary expenses of the Office of Inspector 21

General. 22

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TITLE VII—COMMITTEE ON 1

TRANSPORTATION AND IN-2

FRASTRUCTURE 3

Subtitle A—Transportation and 4

Infrastructure 5

SEC. 7001. FEDERAL EMERGENCY MANAGEMENT AGENCY 6

APPROPRIATION. 7


appropriated to the Federal Emergency Management 9

Agency for fiscal year 2021, out of any money in the 10


remain available until September 30, 2025, to carry out 12

the purposes of the Disaster Relief Fund for costs associ-13

ated with major disaster declarations. 14

SEC. 7002. FUNERAL ASSISTANCE. 15

(a) IN GENERAL.—For the emergency declaration 16

issued by the President on March 13, 2020, pursuant to 17

section 501(b) of the Robert T. Stafford Disaster Relief 18

and Emergency Assistance Act (42 U.S.C. 5191(b)), and 19

for any subsequent major disaster declaration that super-20

sedes such emergency declaration, the President shall pro-21

vide financial assistance to an individual or household to 22

meet disaster-related funeral expenses under section 23

408(e)(1) of the Robert T. Stafford Disaster Relief and 24

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Emergency Assistance Act (42 U.S.C. 5174(e)(1)), for 1

which the Federal cost share shall be 100 percent. 2

(b) USE OF FUNDS.—Funds appropriated under sec-3

tion 7001 may be used to carry out subsection (a) of this 4

section. 5

SEC. 7003. ECONOMIC ADJUSTMENT ASSISTANCE. 6

(a) ECONOMIC DEVELOPMENT ADMINISTRATION AP-7

PROPRIATION.—In addition to amounts otherwise avail-8

able, there is appropriated for fiscal year 2021, out of any 9



2022, to the Department of Commerce for economic ad-12

justment assistance as authorized by sections 209 and 703 13

of the Public Works and Economic Development Act of 14

1965 (42 U.S.C. 3149 and 3233) to prevent, prepare for, 15

and respond to coronavirus and for necessary expenses for 16

responding to economic injury as a result of coronavirus. 17

(b) Of the funds provided by this section, up to 2 18

percent shall be used for Federal costs to administer such 19

assistance utilizing temporary Federal personnel as may 20

be necessary consistent with the requirements applicable 21

to such administrative funding in fiscal year 2020 to pre-22

vent, prepare for, and respond to coronavirus and which 23

shall remain available until September 30, 2027. 24

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(c) Of the funds provided by this section, 15 percent 1

shall be for assistance to communities that have suffered 2

economic injury as a result of job losses in the travel, tour-3

ism, or outdoor recreation sectors. 4

(d) The total amount provided by this section shall 5

be allocated to eligible recipients in the States and Terri-6

tories according to the total level of economic injury of 7

such States and Territories as a result of coronavirus be-8

ginning on March 1, 2020, as measured by the change 9

in economic activity, demonstrated by current Federal eco-10

nomic data sources such as unemployment claims and 11

gross domestic product, before and after such date. 12

SEC. 7004. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOP-13

MENT CORPORATION OPERATIONS AND 14

MAINTENANCE. 15


appropriated for fiscal year 2021, out of amounts not oth-17

erwise appropriated from the Harbor Maintenance Trust 18

Fund pursuant to section 210 of the Water Resources De-19

velopment Act of 1986 (33 U.S.C. 2238), $1,500,000, to 20

remain available until expended, to prevent, prepare for, 21

and respond to coronavirus by conducting the operations, 22

maintenance, and capital infrastructure activities of the 23

Seaway International Bridge. 24

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•HR 1319 EH

SEC. 7005. GRANTS TO THE NATIONAL RAILROAD PAS-1

SENGER CORPORATION. 2

(a) NORTHEAST CORRIDOR APPROPRIATION.—In ad-3

dition to amounts otherwise available, there is appro-4

priated for fiscal year 2021, out of any money in the 5


main available until September 30, 2024, for grants as 7

authorized under section 11101(a) of the FAST Act (Pub-8

lic Law 114–94) to prevent, prepare for, and respond to 9

coronavirus. 10

(b) NATIONAL NETWORK APPROPRIATION.—In addi-11

tion to amounts otherwise available, there is appropriated 12



available until September 30, 2024, for grants as author-15

ized under section 11101(b) of the FAST Act (Public Law 16

114–94) to prevent, prepare for, and respond to 17

coronavirus. 18

(c) LONG-DISTANCE SERVICE RESTORATION AND 19

EMPLOYEE RECALLS.—Not less than $165,926,000 of the 20

aggregate amounts made available under subsections (a) 21

and (b) shall be for use by the National Railroad Pas-22

senger Corporation to— 23

(1) restore, not later than 90 days after the 24

date of enactment of this Act, the frequency of rail 25

service on long-distance routes (as defined in section 26

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•HR 1319 EH

24102 of title 49, United States Code) that the Na-1

tional Railroad Passenger Corporation reduced the 2

frequency of on or after July 1, 2020, and continue 3

to operate such service at such frequency; and 4

(2) recall and manage employees furloughed on 5

or after October 1, 2020, as a result of efforts to 6

prevent, prepare for, and respond to coronavirus. 7

(d) USE OF FUNDS IN LIEU OF CAPITAL PAY-8

MENTS.—Not less than $109,805,000 of the aggregate 9

amounts made available under subsections (a) and (b)— 10

(1) shall be for use by the National Railroad 11

Passenger Corporation in lieu of capital payments 12

from States and commuter rail passenger transpor-13

tation providers that are subject to the cost alloca-14

tion policy under section 24905(c) of title 49, United 15

States Code; and 16

(2) notwithstanding sections 24319(g) and 17

24905(c)(1)(A)(i) of title 49, United States Code, 18

such amounts do not constitute cross-subsidization 19

of commuter rail passenger transportation. 20

(e) USE OF FUNDS FOR STATE PAYMENTS FOR 21

STATE-SUPPORTED ROUTES.— 22

(1) IN GENERAL.—Of the amounts made avail-23

able under subsection (b), $174,850,000 shall be for 24

use by the National Railroad Passenger Corporation 25

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•HR 1319 EH

to offset amounts required to be paid by States for 1

covered State-supported routes. 2

(2) FUNDING SHARE.—The share of funding 3

provided under paragraph (1) with respect to a cov-4

ered State-supported route shall be distributed as 5

follows: 6

(A) Each covered State-supported route 7

shall receive 7 percent of the costs allocated to 8

the route in fiscal year 2019 under the cost al-9

location methodology adopted pursuant to sec-10

tion 209 of the Passenger Rail Investment and 11

Improvement Act of 2008 (Public Law 110– 12

432). 13

(B) Any remaining amounts after the dis-14

tribution described in subparagraph (A) shall be 15

apportioned to each covered State-supported 16

route in proportion to the passenger revenue of 17

such route and other revenue allocated to such 18

route in fiscal year 2019 divided by the total 19

passenger revenue and other revenue allocated 20

to all covered State-supported routes in fiscal 21

year 2019. 22

(3) COVERED STATE-SUPPORTED ROUTE DE-23

FINED.—In this subsection, the term ‘‘covered 24

State-supported route’’ means a State-supported 25

336

•HR 1319 EH

route, as such term is defined in section 24102 of 1

title 49, United States Code, but does not include a 2

State-supported route for which service was termi-3

nated on or before February 1, 2020. 4

(f) USE OF FUNDS FOR DEBT REPAYMENT OR PRE-5

PAYMENT.—Not more than $100,885,000 of the aggre-6

gate amounts made available under subsections (a) and 7

(b) shall be— 8

(1) for the repayment or prepayment of debt in-9

curred by the National Railroad Passenger Corpora-10

tion under financing arrangements entered into prior 11

to the date of enactment of this Act; and 12

(2) to pay required reserves, costs, and fees re-13

lated to such debt, including for loans from the De-14

partment of Transportation and loans that would 15

otherwise have been paid from National Railroad 16

Passenger Corporation revenues. 17

(g) PROJECT MANAGEMENT OVERSIGHT.—Not more 18

than $2,000,000 of the aggregate amounts made available 19

under subsections (a) and (b) shall be for activities author-20

ized under section 11101(c) of the FAST Act (Public Law 21

114–94). 22

SEC. 7006. FEDERAL TRANSIT ADMINISTRATION GRANTS. 23

(a) FEDERAL TRANSIT ADMINISTRATION APPRO-24

PRIATION.— 25

337

•HR 1319 EH


erwise made available, there are appropriated for fis-2

cal year 2021, out of any funds in the Treasury not 3

otherwise appropriated, $30,461,355,534, to remain 4

available until September 30, 2024, that shall— 5

(A) be for grants to eligible recipients 6

under sections 5307, 5309, 5310, and 5311 of 7

title 49, United States Code, to prevent, pre-8

pare for, and respond to coronavirus; and 9

(B) not be subject to any prior restriction 10

on the total amount of funds available for im-11

plementation or execution of programs author-12

ized under sections 5307, 5310, or 5311 of 13

such title. 14

(2) AVAILABILITY OF FUNDS FOR OPERATING 15

EXPENSES.— 16

(A) IN GENERAL.—Notwithstanding sub-17

section (a)(1) or (b) of section 5307 and section 18

5310(b)(2)(A) of title 49, United States Code, 19

funds provided under this section, other than 20

subsection (b)(4), shall be available for the op-21

erating expenses of transit agencies to prevent, 22

prepare for, and respond to the coronavirus 23

public health emergency, including, beginning 24

on January 20, 2020— 25

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•HR 1319 EH

(i) reimbursement for payroll of public 1

transportation (including payroll and ex-2

penses of private providers of public trans-3

portation); 4

(ii) operating costs to maintain service 5

due to lost revenue due as a result of the 6

coronavirus public health emergency, in-7

cluding the purchase of personal protective 8

equipment; and 9

(iii) paying the administrative leave of 10

operations or contractor personnel due to 11

reductions in service. 12

(B) USE OF FUNDS.—Funds described in 13

subparagraph (A) shall be— 14

(i) available for immediate obligation, 15

notwithstanding the requirement for such 16

expenses to be included in a transportation 17

improvement program, long-range trans-18

portation plan, statewide transportation 19

plan, or statewide transportation improve-20

ment program under sections 5303 and 21

5304 of title 49, United States Code; 22

(ii) directed to payroll and operations 23

of public transportation (including payroll 24

and expenses of private providers of public 25

339

•HR 1319 EH

transportation), unless the recipient cer-1

tifies to the Administrator of the Federal 2

Transit Administration that the recipient 3

has not furloughed any employees; 4

(iii) used to provide a Federal share 5

of the costs for any grant made under this 6

section of 100 percent. 7

(b) ALLOCATION OF FUNDS.— 8

(1) URBANIZED AREA FORMULA GRANTS.— 9

(A) IN GENERAL.—Of the amounts made 10

available under subsection (a), $26,086,580,227 11

shall be for grants to recipients and subrecipi-12

ents under section 5307 of title 49, United 13

States Code, and shall be administered as if 14

such funds were provided under section 5307 of 15

such title. 16

(B) ALLOCATION.—Amounts made avail-17

able under subparagraph (A) shall be appor-18

tioned to urbanized areas based on data con-19

tained in the National Transit Database such 20

that— 21

(i) each urbanized area shall receive 22

an apportionment of an amount that, when 23

combined with amounts that were other-24

wise made available to such urbanized area 25

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•HR 1319 EH

for similar activities to prevent, prepare 1

for, and respond to coronavirus, is equal to 2

132 percent of the urbanized area’s 2018 3

operating costs; and 4

(ii) for funds remaining after the ap-5

portionment described in clause (i), such 6

funds shall be apportioned such that— 7

(I) each urbanized area that did 8

not receive an apportionment under 9

clause (i) shall receive an apportion-10

ment equal to 25 percent of the ur-11

banized area’s 2018 operating costs; 12

and 13

(II) each urbanized area under 14

clause (i), when the amounts that 15

were otherwise made available, prior 16

to clause (i) to that urbanized area 17

for similar activities to prevent, pre-18

pare for, and respond to coronavirus 19

are equal to or greater than 130 per-20

cent of the urbanized area’s 2018 op-21

erating costs but do not exceed 132 22

percent of such costs, such urbanized 23

area shall receive an apportionment 24

equal to 10 percent of the urbanized 25

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•HR 1319 EH

area’s 2018 operating costs, in addi-1

tion to amounts apportioned to the 2

urbanized area under clause (i). 3

(2) FORMULA GRANTS FOR THE ENHANCED 4

MOBILITY OF SENIORS AND INDIVIDUALS WITH DIS-5

ABILITIES.— 6


available under subsection (a), $50,000,000 8

shall be for grants to recipients or subrecipients 9

eligible under section 5310 of title 49, United 10

States Code, and shall be apportioned in ac-11

cordance with such section. 12

(B) ALLOCATION RATIO.—Amounts made 13

available under subparagraph (A) shall be allo-14

cated in the same ratio as funds were provided 15

under section 5310 of title 49, United States 16

Code, for fiscal year 2020. 17

(3) FORMULA GRANTS FOR RURAL AREAS.— 18



shall be for grants to recipients or subrecipients 21

eligible under section 5311 of title 49, United 22

States Code, and shall be administered as if the 23

funds were provided under section 5311 of such 24

title, and shall be apportioned in accordance 25

342

•HR 1319 EH

with such section, except as described in para-1

graph (B). 2

(B) ALLOCATION RATIO.—Amounts made 3

available under subparagraph (A) to States, as 4

defined in section 5302 of title 49, United 5

States Code, shall be allocated to such States 6

based on data contained in the National Transit 7

Database, such that— 8

(i) any State that received an amount 9

for similar activities to prevent, prepare 10

for, and respond to coronavirus that is 11

equal to or greater than 150 percent of the 12

combined 2018 rural operating costs of the 13

recipients and subrecipients in such State 14

shall receive an amount equal to 5 percent 15

of such State’s 2018 rural operating costs; 16

(ii) any State that does not receive an 17

allocation under clause (i) that received an 18

amount for similar activities to prevent, 19

prepare for, and respond to coronavirus 20

that is equal to or greater than 140 per-21

cent of the combined 2018 rural operating 22

costs of the recipients and subrecipients in 23

that State shall receive an amount equal to 24

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•HR 1319 EH

10 percent of such State’s 2018 rural op-1

erating costs; and 2

(iii) any State that does not receive an 3

allocation under clauses (i) or (ii) shall re-4

ceive an amount equal to 20 percent of 5

such State’s 2018 rural operating costs. 6

(4) CAPITAL INVESTMENTS.— 7


available under subsection (a)— 9

(i) $1,425,000,000 shall be for grants 10

administered under subsections (d) and (e) 11

of section 5309 of title 49, United States 12

Code, and section 3005(b) of the FAST 13

Act (Public Law 114–94); and 14

(ii) $250,000,000 shall be for grants 15

administered under subsection (h) of sec-16

tion 5309 of title 49, United States Code. 17

(B) FUNDING DISTRIBUTION.— 18

(i) IN GENERAL.—Of the amounts 19

made available in subparagraph (A)(i), 20

$1,250,000,000 shall be provided to each 21

recipient for all projects with existing full 22

funding grant agreements that received al-23

locations for fiscal year 2019 or 2020 and 24

all projects under section 3005(b) of Pub-25

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•HR 1319 EH

lic Law 114–94 that received allocations 1

for fiscal year 2019 or 2020, except that 2

recipients with projects open for revenue 3

service are not eligible to receive a grant 4

under this subparagraph. Funds shall be 5

provided proportionally based on the non- 6

capital investment grant or non-expedited 7

project delivery share of the amount allo-8

cated. 9

(ii) ALLOCATION.—Of the amounts 10

made available in subparagraph (A)(i), 11

$175,000,000 shall be provided to each re-12

cipient for all projects with existing full 13

funding grant agreements that received an 14

allocation only prior to fiscal year 2019, 15

except that projects open for revenue serv-16

ice are not eligible to receive a grant under 17

this subparagraph and no project may re-18

ceive more than 40 percent of the amounts 19

provided under this clause. The Adminis-20

trator of the Federal Transit Administra-21

tion shall proportionally distribute funds in 22

excess of such percent to recipients for 23

which the percent of funds does not exceed 24

40 percent. Funds shall be provided pro-25

345

•HR 1319 EH

portionally based on the non-capital invest-1

ment grant share of the amount allocated. 2

(iii) ELIGIBLE RECIPIENTS.—For 3

amounts made available in subparagraph 4

(A)(ii), eligible recipients shall be any re-5

cipient of an allocation under subsection 6

(h) of section 5309 of title 49, United 7

States Code, or an applicant in the project 8

development phase described in paragraph 9

(2) of such subsection. 10

(iv) AMOUNT.—Amounts distributed 11

under clauses (i), (ii), and (iii) of subpara-12

graph (A) shall be provided notwith-13

standing the limitation of any calculation 14

of the maximum amount of Federal finan-15

cial assistance for the project under sub-16

section (k)(2)(C)(ii) or (h)(7) of section 17

5309 of title 49, United States Code, or 18

section 3005(b)(9) of the FAST Act (Pub-19

lic Law 114–94). 20

(5) SECTION 5311(F) SERVICES.— 21


available under subsection (a) and in addition 23

to the amounts made available under paragraph 24

(3), $100,000,000 shall be available for grants 25

346

•HR 1319 EH

to recipients for bus operators that partner with 1

recipients or subrecipients of funds under sec-2

tion 5311(f) of title 49, United States Code. 3

(B) ALLOCATION RATIO.—Notwithstanding 4

paragraph (3), the Administrator of the Federal 5

Transit Administration shall allocate amounts 6

under subparagraph (A) in the same ratio as 7

funds were provided under section 5311 of title 8

49, United States Code, for fiscal year 2020. 9

(C) EXCEPTION.—If a State or territory 10

does not have bus providers eligible under sec-11

tion 5311(f) of title 49, United States Code, 12

funds under this paragraph may be used by 13

such State or territory for any expense eligible 14

under section 5311 of title 49, United States 15

Code. 16

(6) PLANNING.— 17



shall be for grants to recipients eligible under 20

section 5307 of title 49, United States Code, 21

for the planning of public transportation associ-22

ated with the restoration of services as the 23

coronavirus public health emergency concludes 24

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•HR 1319 EH

and shall be available in accordance with such 1

section. 2

(B) AVAILABILITY OF FUNDS FOR ROUTE 3

PLANNING.—Amounts made available under 4

subparagraph (A) shall be available for route 5

planning designed to— 6

(i) increase ridership and reduce trav-7

el times, while maintaining or expanding 8

the total level of vehicle revenue miles of 9

service provided in the planning period; or 10

(ii) make service adjustments to in-11

crease the quality or frequency of service 12

provided to low-income riders and dis-13

advantaged neighborhoods or communities. 14

(C) LIMITATION.—Amounts made available 15

under subparagraph (A) shall not be used for 16

route planning related to transitioning public 17

transportation service provided as of the date of 18

receipt of funds to a transportation network 19

company or other third-party contract provider, 20

unless the existing provider of public transpor-21

tation service is a third-party contract provider. 22

(7) RECIPIENTS AND SUBRECIPIENTS REQUIR-23

ING ADDITIONAL ASSISTANCE.— 24

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available under subsection (a), $2,207,561,294 2

shall be for grants to eligible recipients or sub-3

recipients of funds under sections 5307 or 5311 4

of title 49, United States Code, that, as a result 5

of COVID–19, require additional assistance for 6

costs related to operations, personnel, cleaning, 7

and sanitization combating the spread of patho-8

gens on transit systems, and debt service pay-9

ments incurred to maintain operations and 10

avoid layoffs and furloughs. 11

(B) ADMINISTRATION.—Funds made avail-12

able under subparagraph (A) shall, after alloca-13

tion, be administered as if provided under para-14

graph (1) or (3), as applicable. 15

(C) APPLICATION REQUIREMENTS.— 16

(i) IN GENERAL.—The Administrator 17

of the Federal Transit Administration may 18

not allocate funds to an eligible recipient 19

or subrecipient of funds under chapter 53 20

of title 49, United States Code, unless the 21

recipient provides to the Administrator— 22

(I) estimates of financial need; 23

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•HR 1319 EH

(II) data on reductions in farebox 1

or other sources of local revenue for 2

sustained operations; 3

(III) a spending plan for such 4

funds; and 5

(IV) demonstration of expendi-6

ture of greater than 90 percent of 7

funds available to the applicant from 8

funds made available for similar ac-9

tivities in fiscal year 2020. 10

(ii) DEADLINES.—The Administrator 11

of the Federal Transit Administration 12

shall— 13

(I) not later than 180 days after 14

the date of enactment of this Act, 15

issue a Notice of Funding Oppor-16

tunity for assistance under this para-17

graph; and 18

(II) not later than 120 days after 19

the application deadline established in 20

the Notice of Funding Opportunity 21

under subclause (I), make awards 22

under this paragraph to selected ap-23

plicants. 24

(iii) EVALUATION.— 25

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(I) IN GENERAL.—Applications 1

for assistance under this paragraph 2

shall be evaluated by the Adminis-3

trator of the Federal Transit Admin-4

istration based on the level of finan-5

cial need demonstrated by an eligible 6

recipient or subrecipient, including 7

projections of future financial need to 8

maintain service as a percentage of 9

the 2018 operating costs that has not 10

been replaced by the funds made 11

available to the eligible recipient or 12

subrecipient under paragraphs (1) 13

through (5) of this subsection when 14

combined with the amounts allocated 15

to such eligible recipient or sub-16

recipient from funds previously made 17

available for the operating expenses of 18

transit agencies related to the re-19

sponse to the COVID–19 public 20

health emergency. 21

(II) RESTRICTION.—Amounts 22

made available under this paragraph 23

shall only be available for operating 24

expenses. 25

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(iv) STATE APPLICANTS.—A State 1

may apply for assistance under this para-2

graph on behalf of an eligible recipient or 3

subrecipient or a group of eligible recipi-4

ents or subrecipients. 5

(D) UNOBLIGATED FUNDS.—If amounts 6

made available under this paragraph remain 7

unobligated on September 30, 2023, such 8

amounts shall be available for any purpose eligi-9

ble under sections 5307 or 5311 of title 49, 10

United States Code. 11

SEC. 7007. RELIEF FOR AIRPORTS. 12

(a) IN GENERAL.— 13


erwise available, there is appropriated for fiscal year 15

2021, out of any funds in the Treasury not other-16

wise appropriated, $8,000,000,000, to remain avail-17

able until September 30, 2024, for assistance to air-18

ports under sections 47101 through 47144 of title 19

49, United States Code, to be made available to pre-20

vent, prepare for, and respond to coronavirus. 21

(2) REQUIREMENTS AND LIMITATIONS.— 22

Amounts made available under this section— 23

(A) may not be used for any purpose not 24

directly related to the airport; and 25

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(B) may not be provided to any airport 1

that was allocated in excess of 4 years of oper-2

ating funds to prevent, prepare for, and re-3

spond to coronavirus in fiscal year 2020. 4

(b) ALLOCATIONS.—The following terms shall apply 5

to the amounts made available under this section: 6

(1) OPERATING EXPENSES AND DEBT SERVICE 7

PAYMENTS.— 8

(A) IN GENERAL.—Not more than 9

$6,492,000,000 shall be made available for pri-10

mary airports, as such term is defined in sec-11

tion 47102 of title 49, United States Code, and 12

certain cargo airports, for costs related to oper-13

ations, personnel, cleaning, sanitization, jani-14

torial services, combating the spread of patho-15

gens at the airport, and debt service payments. 16

(B) DISTRIBUTION.— Amounts made 17

available under this paragraph— 18

(i) shall not be subject to the reduced 19

apportionments under section 47114(f) of 20

title 49, United States Code; 21

(ii) shall first be apportioned as set 22

forth in sections 47114(c)(1)(A), 23

47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 24

47114(c)(2)(A), 47114(c)(2)(B), and 25

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47114(c)(2)(E) of title 49, United States 1

Code; and 2

(iii) shall not be subject to a max-3

imum apportionment limit set forth in sec-4

tion 47114(c)(1)(B) of title 49, United 5

States Code. 6

(C) REMAINING AMOUNTS.—Any amount 7

remaining after distribution under subpara-8

graph (B) shall be distributed to the sponsor of 9

each primary airport (as such term is defined 10

in section 47102 of title 49, United States 11

Code) based on each such primary airport’s 12

passenger enplanements compared to the total 13

passenger enplanements of all such primary air-14

ports in calendar year 2019. 15

(2) FEDERAL SHARE FOR DEVELOPMENT 16

PROJECTS.— 17


$608,000,000 allocated under subsection (a)(1) 19

shall be available to pay a Federal share of 100 20

percent of the costs for any grant awarded in 21

fiscal year 2021, or in fiscal year 2020 with less 22

than a 100-percent Federal share, for an air-23

port development project (as such term is de-24

fined in section 47102 of title 49). 25

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(B) REMAINING AMOUNTS.—Any amount 1

remaining under this paragraph shall be distrib-2

uted as described in paragraph (1)(C). 3

(3) NONPRIMARY AIRPORTS.— 4


$100,000,000 shall be made available for gen-6

eral aviation and commercial service airports 7

that are not primary airports (as such terms 8

are defined in section 47102 of title 49, United 9

States Code) for costs related to operations, 10

personnel, cleaning, sanitization, janitorial serv-11

ices, combating the spread of pathogens at the 12

airport, and debt service payments. 13

(B) DISTRIBUTION.—Amounts made avail-14

able under this paragraph shall be apportioned 15

to each non-primary airport based on the cat-16

egories published in the most current National 17

Plan of Integrated Airport Systems, reflecting 18

the percentage of the aggregate published eligi-19

ble development costs for each such category, 20

and then dividing the allocated funds evenly 21

among the eligible airports in each category, 22

rounding up to the nearest thousand dollars. 23

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(C) REMAINING AMOUNTS.—Any amount 1

remaining under this paragraph shall be distrib-2

uted as described in paragraph (1)(C). 3

(4) AIRPORT CONCESSIONS.— 4


$800,000,000 shall be made available for spon-6

sors of primary airports to provide relief from 7

rent and minimum annual guarantees to airport 8

concessions, of which at least $640,000,000 9

shall be available to provide relief to eligible 10

small airport concessions and of which at least 11

$160,000,000 shall be available to provide relief 12

to eligible large airport concessions located at 13

primary airports. 14

(B) DISTRIBUTION.—The amounts made 15

available for each set-aside in this paragraph 16

shall be distributed to the sponsor of each pri-17

mary airport (as such term is defined in section 18

47102 of title 49, United States Code) based on 19

each such primary airport’s passenger 20

enplanements compared to the total passenger 21

enplanements of all such primary airports in 22

calendar year 2019. 23

(C) CONDITIONS.—As a condition of ap-24

proving a grant under this paragraph— 25

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(i) the sponsor shall provide such re-1

lief from the date of enactment of this Act 2

until the sponsor has provided relief equal-3

ing the total grant amount, to the extent 4

practicable and to the extent permissible 5

under State laws, local laws, and applicable 6

trust indentures; and 7

(ii) for each set-aside, the sponsor 8

shall provide relief from rent and minimum 9

annual guarantee obligations to each eligi-10

ble airport concession in an amount that 11

reflects each eligible airport concession’s 12

proportional share of the total amount of 13

the rent and minimum annual guarantees 14

of those eligible airport concessions at such 15

airport. 16

(c) ADMINISTRATION.— 17

(1) ADMINISTRATIVE EXPENSES.—The Admin-18

istrator of the Federal Aviation Administration may 19

retain up to 0.1 percent of the funds provided under 20

this section to fund the award of, and oversight by 21

the Administrator of, grants made under this sec-22

tion. 23

(2) WORKFORCE RETENTION REQUIRE-24

MENTS.— 25

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(A) REQUIRED RETENTION.—As a condi-1

tion for receiving funds provided under this sec-2

tion, an airport shall continue to employ, 3

through September 30, 2021, at least 90 per-4

cent of the number of individuals employed 5

(after making adjustments for retirements or 6

voluntary employee separations) by the airport 7

as of March 27, 2020. 8

(B) WAIVER OF RETENTION REQUIRE-9

MENT.—The Secretary shall waive the work-10

force retention requirement if the Secretary de-11

termines that— 12

(i) the airport is experiencing eco-13

nomic hardship as a direct result of the re-14

quirement; or 15

(ii) the requirement reduces aviation 16

safety or security. 17

(C) EXCEPTION.—The workforce retention 18

requirement shall not apply to nonhub airports 19

or nonprimary airports receiving funds under 20

this section. 21

(D) NONCOMPLIANCE.—Any financial as-22

sistance provided under this section to an air-23

port that fails to comply with the workforce re-24

tention requirement described in subparagraph 25

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(A), and does not otherwise qualify for a waiver 1

or exception under this paragraph, shall be sub-2

ject to clawback by the Secretary. 3


(1) ELIGIBLE LARGE AIRPORT CONCESSION.— 5

The term ‘‘eligible large airport concession’’ means 6

a concession (as defined in section 23.3 of title 49, 7

Code of Federal Regulations), that is in-terminal 8

and has maximum gross receipts, averaged over the 9

previous three fiscal years, of more than 10

$56,420,000. 11

(2) ELIGIBLE SMALL AIRPORT CONCESSION.— 12

The term ‘‘eligible small airport concession’’ means 13

a concession (as defined in section 23.3 of title 49, 14

Code of Federal Regulations), that is in-terminal 15

and— 16

(A) a small business with maximum gross 17

receipts, averaged over the previous 3 fiscal 18

years, of less than $56,420,000; or 19

(B) is a joint venture (as defined in section 20

23.3 of title 49, Code of Federal Regulations). 21

SEC. 7008. EMERGENCY FAA EMPLOYEE LEAVE FUND. 22


tablished in the Federal Aviation Administration an Emer-24

gency FAA Employee Leave Fund (in this section referred 25

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to as the ‘‘Fund’’), to be administered by the Adminis-1

trator of the Federal Aviation Administration, for the pur-2

poses set forth in subsection (b). In addition to amounts 3

otherwise available, there is appropriated for fiscal year 4


propriated, $9,000,000, which shall be deposited into the 6

Fund and remain available through September 30, 2022. 7


able to the Administrator for the use of paid leave under 9

this section by any employee of the Administration who 10

is unable to work because the employee— 11





COVID–19; 16










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precautions; 4


lar condition; 6








19; or 14







by an employee of the Administration during the pe-21

riod beginning on the date of enactment of this sec-22

tion and ending on September 30, 2021. 23


this section— 25

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(A) shall be provided to an employee of the 1

Administration in an amount not to exceed 600 2

hours of paid leave for each full-time employee, 3

and in the case of a part-time employee, em-4

ployee on an uncommon tour of duty, or em-5

ployee with a seasonal work schedule, in an 6

amount not to exceed the proportional equiva-7

lent of 600 hours to the extent amounts in the 8

Fund remain available for reimbursement; 9



(C) may not be provided to an employee if 12

the leave would result in payments greater than 13

$2,800 in aggregate for any biweekly pay pe-14

riod for a full-time employee, or a proportion-15

ally equivalent biweekly limit for a part-time 16

employee. 17




vided to an employee of the Administration; and 21

(B) may not be used by an employee of the 22

Administration concurrently with any other 23

paid leave. 24

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Any paid leave provided to an employee of the Ad-2

ministration under this section shall reduce the total 3

service used to calculate any Federal retirement ben-4

efit. 5

Subtitle B—Aviation 6

Manufacturing Jobs Protection 7

SEC. 7101. DEFINITIONS. 8

In this subtitle: 9

(1) ELIGIBLE EMPLOYEE GROUP.—The term 10

‘‘eligible employee group’’ means the portion of an 11

employer’s United States workforce that— 12

(A) does not exceed 25 percent of the em-13

ployer’s total United States workforce as of 14

April 1, 2020; and 15

(B) contains only employees with a total 16

compensation level of $200,000 or less per year; 17

and 18

(C) is engaged in aviation manufacturing 19

activities and services, or maintenance, repair, 20

and overhaul activities and services. 21

(2) AVIATION MANUFACTURING COMPANY.— 22

The term ‘‘aviation manufacturing company’’ means 23

a corporation, firm, or other business entity— 24

(A) that— 25

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(i) actively manufactures an aircraft, 1

aircraft engine, propeller, or a component, 2

part, or systems of an aircraft or aircraft 3

engine under a Federal Aviation Adminis-4

tration production approval; or 5

(ii) holds a certificate issued under 6

part 145 of title 14, Code of Federal Regu-7

lations, for maintenance, repair, and over-8

haul of aircraft, aircraft engines, compo-9

nents, or propellers. 10

(B) which— 11

(i) is established, created, or orga-12

nized in the United States or under the 13

laws of the United States; and 14

(ii) has significant operations in, and 15

a majority of its employees engaged in 16

aviation manufacturing activities and serv-17

ices, or maintenance, repair, and overhaul 18

activities and services based in the United 19

States; 20

(C) which has involuntarily furloughed or 21

laid off at least 10 percent of its workforce in 22

2020 as compared to 2019 or has experienced 23

at least a 15 percent decline in 2020 revenues 24

as compared to 2019; 25

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•HR 1319 EH

(D) that, as supported by sworn financial 1

statements or other appropriate data, has iden-2

tified the eligible employee group and the 3

amount of total compensation level for the eligi-4

ble employee group; 5

(E) that agrees to provide private con-6

tributions and maintain the total compensation 7

level for the eligible employee group for the du-8

ration of an agreement under this subtitle; 9

(F) that agrees to provide immediate no-10

tice and justification to the Secretary of invol-11

untary furloughs or layoffs exceeding 10 per-12

cent of the workforce that is not included in an 13

eligible employee group for the duration of an 14

agreement and receipt of public contributions 15

under this subtitle; 16

(G) that has not conducted involuntary 17

furloughs or reduced pay rates or benefits for 18

the eligible employee group, subject to the em-19

ployer’s right to discipline or terminate an em-20

ployee in accordance with employer policy, be-21

tween the date of application and the date on 22

which such a corporation, firm, or other busi-23

ness entity enters into an agreement with the 24

Secretary under this subtitle; and 25

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(H) that— 1

(i) in the case of a corporation, firm, 2

or other business entity including any par-3

ent company or subsidiary of such a cor-4

poration, firm, or other business entity, 5

that holds any type or production certifi-6

cate or similar authorization issued under 7

section 44704 of title 49, United States 8

Code, with respect to a transport-category 9

airplane covered under part 25 of title 14, 10

Code of Federal Regulations, certificated 11

with a passenger seating capacity of 50 or 12

more, agrees to refrain from conducting in-13

voluntary layoffs or furloughs, or reducing 14

pay rates and benefits, for the eligible em-15

ployee group, subject to the employer’s 16

right to discipline or terminate an em-17

ployee in accordance with employer policy 18

from the date of agreement until Sep-19

tember 30, 2021, or the duration of the 20

agreement and receipt of public contribu-21

tions under this subtitle, whichever period 22

ends later; or 23

(ii) in the case of corporation, firm, or 24

other business entity not specified under 25

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subparagraph (i), agrees to refrain from 1

conducting involuntary layoffs or fur-2

loughs, or reducing pay rates and benefits, 3

for the eligible employee group, subject to 4

the employer’s right to discipline or termi-5

nate an employee in accordance with em-6

ployer policy for the duration of the agree-7

ment and receipt of public contributions 8

under this subtitle. 9

(3) EMPLOYEE.—The term ‘‘employee’’ has the 10

meaning given that term in section 3 of the Fair 11

Labor Standards Act of 1938 (29 U.S.C. 203). 12

(4) EMPLOYER.—The term ‘‘employer’’ means 13

an aviation manufacturing company that is an em-14

ployer (as defined in section 3 of the Fair Labor 15

Standards Act of 1938 (29 U.S.C. 203)). 16

(5) PRIVATE CONTRIBUTION.—The term ‘‘pri-17

vate contribution’’ means the contribution funded by 18

the employer under this subtitle to maintain 50 per-19

cent of the eligible employee group’s total compensa-20

tion level, and combined with the public contribu-21

tion, is sufficient to maintain the total compensation 22

level for the eligible employee group as of April 1, 23

2020. 24

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(6) PUBLIC CONTRIBUTION.—The term ‘‘public 1

contribution’’ means the contribution funded by the 2

Federal Government under this title to provide 50 3

percent of the eligible employees group’s total com-4

pensation level, and combined with the private con-5

tribution, is sufficient to maintain the total com-6

pensation level for those in the eligible employee 7

group as of April 1, 2020. 8


the Secretary of Transportation. 10

(8) TOTAL COMPENSATION LEVEL.—The term 11

‘‘total compensation level’’ means the level of total 12

base compensation and benefits being provided to an 13

eligible employee group employee, excluding overtime 14

and premium pay, and excluding any Federal, State, 15

or local payroll taxes paid, as of April 1, 2020. 16

SEC. 7102. PAYROLL SUPPORT PROGRAM. 17

(a) IN GENERAL.—The Secretary shall establish a 18

payroll support program and enter into agreements with 19

employers who meet the eligibility criteria specified in sub-20

section (b) and are not ineligible under subsection (c), to 21

provide public contributions to supplement compensation 22

of an eligible employee group. There is appropriated for 23

fiscal year 2021, out of amounts in the Treasury not oth-24

erwise appropriated, $3,000,000,000, to remain available 25

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until September 30, 2023, for the Secretary to carry out 1

the payroll support program authorized under the pre-2

ceding sentence for which 1 percent of the funds may be 3

used for implementation costs and administrative ex-4

penses. 5

(b) ELIGIBILITY.—The Secretary shall enter into an 6

agreement and provide public contributions, for a term no 7

longer than 6 months, solely with an employer that agrees 8

to use the funds received under an agreement exclusively 9

for the continuation of employee wages, salaries, and bene-10

fits, to maintain the total compensation level for the eligi-11

ble employee group as of April 1, 2020 for the duration 12

of the agreement, and to facilitate the retention, rehire, 13

or recall of employees of the employer, except that such 14

funds may not be used for back pay of returning rehired 15

or recalled employees. 16

(c) INELIGIBILITY.—The Secretary may not enter 17

into any agreement under this section with an employer 18

who was allowed a credit under section 2301 of the 19

CARES Act (26 U.S.C. 3111 note) for the immediately 20

preceding calendar quarter ending before such agreement 21

is entered into, who received financial assistance under 22

section 4113 of the CARES Act (15 U.S.C. 9073), or who 23

is currently expending financial assistance under the pay-24

check protection program established under section 25

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7(a)(36) of the Small Business Act (15 U.S.C. 1

636(a)(36)), as of the date the employer submits an appli-2

cation under the payroll support program established 3

under subsection (a). 4

(d) REDUCTIONS.—To address any shortfall in assist-5

ance that would otherwise be provided under this subtitle, 6

the Secretary shall reduce, on a pro rata basis, the finan-7

cial assistance provided under this subtitle. 8

(e) AGREEMENT DEADLINE.—No agreement may be 9

entered into by the Secretary under the payroll support 10

program established under subsection (a) after the last 11

day of the 6 month period that begins on the effective 12

date of the first agreement entered into under such pro-13

gram. 14

Subtitle C—Continued Assistance 15

to Rail Workers 16

SEC. 7201. ADDITIONAL ENHANCED BENEFITS UNDER THE 17

RAILROAD UNEMPLOYMENT INSURANCE ACT. 18

(a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 19

Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 20

amended— 21

(1) in the first sentence— 22

(A) by striking ‘‘March 14, 2021’’ and in-23

serting ‘‘August 29, 2021’’; 24

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(B) by striking ‘‘or July 1, 2020’’ and in-1

serting ‘‘July 1, 2020, or July 1, 2021’’; and 2

(2) by adding at the end the following: ‘‘For 3

registration periods beginning after March 14, 2021, 4

but on or before August 29, 2021, the recovery ben-5

efit payable under this subparagraph shall be in the 6

amount of $800.’’. 7

(b) CLARIFICATION ON AUTHORITY TO USE 8

FUNDS.—Funds appropriated under subparagraph (B) of 9

section 2(a)(5) of the Railroad Unemployment Insurance 10

Act (45 U.S.C. 352(a)(5)) shall be available to cover the 11

cost of recovery benefits provided under such section 12

2(a)(5) by reason of the amendments made by subsection 13

(a) as well as to cover the cost of such benefits provided 14

under such section 2(a)(5) as in effect on the day before 15

the date of enactment of this Act. 16

SEC. 7202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 17

THE RAILROAD UNEMPLOYMENT INSURANCE 18

ACT. 19

(a) IN GENERAL.—Section 2(c)(2)(D) of the Rail-20

road Unemployment Insurance Act (45 U.S.C. 21

352(c)(2)(D)) is amended— 22

(1) in clause (i)— 23

(A) in subclause (I), by striking ‘‘185 24

days’’ and inserting ‘‘305 days’’; 25

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(B) in subclause (II), 1

(i) by striking ‘‘19 consecutive 14-day 2

periods’’ and inserting ‘‘31 consecutive 14- 3

day periods’’; and 4

(ii) by striking ‘‘6 consecutive 14-day 5

periods’’ and inserting ‘‘18 consecutive 14- 6

day periods’’; 7

(2) in clause (ii)— 8

(A) by striking ‘‘120 days of unemploy-9

ment’’ and inserting ‘‘240 days of unemploy-10

ment’’; 11

(B) by striking ‘‘12 consecutive 14-day pe-12

riods’’ and inserting ‘‘24 consecutive 14-day pe-13

riods’’; and 14

(C) by striking ‘‘6 consecutive 14-day peri-15

ods’’ and inserting ‘‘18 consecutive 14-day peri-16

ods’’; and 17

(3) in clause (iii)— 18

(A) by striking ‘‘June 30, 2021’’ and in-19

serting ‘‘June 30, 2022’’; and 20

(B) by striking ‘‘the provisions of clauses 21

(i) and (ii) shall not apply to any employee 22

whose extended benefit period under subpara-23

graph (B) begins after March 14, 2021, and 24

shall not apply to any employee with respect to 25

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any registration period beginning after April 5, 1

2021.’’ and inserting ‘‘the provisions of clauses 2

(i) and (ii) shall not apply to any employee with 3

respect to any registration period beginning 4

after August 29, 2021.’’ 5


FUNDS.—Funds appropriated under either the first or 7

second sentence of clause (v) of section 2(c)(2)(D) of the 8

Railroad Unemployment Insurance Act shall be available 9

to cover the cost of additional extended unemployment 10

benefits provided under such section 2(c)(2)(D) by reason 11

of the amendments made by subsection (a) as well as to 12

cover the cost of such benefits provided under such section 13

2(c)(2)(D) as in effect on the day before the date of enact-14

ment of this Act. 15

SEC. 7203. EXTENSION OF WAIVER OF THE 7-DAY WAITING 16

PERIOD FOR BENEFITS UNDER THE RAIL-17

ROAD UNEMPLOYMENT INSURANCE ACT. 18

(a) IN GENERAL.—Section 2112(a) of the CARES 19

Act (15 U.S.C. 9030(a)) is amended by striking ‘‘March 20

14, 2021’’ and inserting ‘‘August 29, 2021’’. 21


FUNDS.—Funds appropriated under section 2112(c) of 23

the CARES Act (15 U.S.C. 9030(c)) shall be available to 24

cover the cost of additional benefits payable due to section 25

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2112(a) of such Act by reason of the amendments made 1

by subsection (a) as well as to cover the cost of such bene-2

fits payable due to such section 2112(a) as in effect on 3

the day before the date of enactment of this Act. 4

SEC. 7204. RAILROAD RETIREMENT BOARD AND OFFICE OF 5

THE INSPECTOR GENERAL FUNDING. 6



money in the Treasury not otherwise appropriated— 9

(1) $27,975,000, to remain available until ex-10

pended, for the Railroad Retirement Board, to pre-11

vent, prepare for, and respond to coronavirus, of 12

which— 13

(A) $6,800,000 shall be for additional hir-14

ing and overtime bonuses as needed to admin-15

ister the Railroad Unemployment Insurance 16

Act; and 17

(B) $21,175,000 shall be to supplement, 18

not supplant, existing resources devoted to op-19

erations and improvements for the Information 20

Technology Investment Initiatives of the Rail-21

road Retirement Board; and 22

(2) $500,000, to remain available until ex-23

pended, for the Railroad Retirement Board Office of 24

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Inspector General for audit, investigatory and review 1

activities. 2

TITLE VIII—COMMITTEE ON 3

VETERANS’ AFFAIRS 4

SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC-5

ESSING. 6





2023, pursuant to sections 308, 310, 7101 through 7113, 11

7701, and 7703 of title 38, United States Code. 12

SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE 13

AND HEALTH NEEDS. 14





2023, for allocation under chapters 17, 20, 73, and 81 19

of title 38, United States Code, of which not more than 20

$4,000,000,000 shall be available pursuant to section 21

1703 of title 38, United States Code for health care fur-22

nished through the Veterans Community Care program in 23

sections 1703(c)(1) and 1703(c)(5) of such title. 24

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SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 1





2022, for the supply chain modernization initiative under 6

sections 308, 310, and 7301(b) of title 38, United States 7

Code. 8

SEC. 8004. FUNDING FOR STATE HOMES. 9



money in the Treasury not otherwise appropriated— 12

(1) $500,000,000, to remain available until ex-13

pended, for allocation under sections 8131 through 14

8137 of title 38, United States Code: and 15

(2) $250,000,000, to remain available until 16

September 30, 2022, for a one-time only obligation 17

and expenditure to existing State extended care fa-18

cilities for veterans in proportion to each State’s 19

share of the total resident capacity in such facilities 20

as of the date of enactment of this Act where such 21

capacity includes only veterans on whose behalf the 22

Department pays a per diem payment pursuant to 23

section 1741 or 1745 of title 38, United States 24

Code. 25

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SEC. 8005. FUNDING FOR THE DEPARTMENT OF VETERANS 1

AFFAIRS OFFICE OF INSPECTOR GENERAL. 2


there is appropriated to the Office of Inspector General 4

of the Department of Veterans Affairs for fiscal year 5


propriated, $10,000,000, to remain available until ex-7

pended, for audits, investigations, and other oversight of 8

projects and activities carried out with funds made avail-9

able to the Department of Veterans Affairs. 10

SEC. 8006. COVID–19 VETERAN RAPID RETRAINING ASSIST-11

ANCE PROGRAM. 12

(a) IN GENERAL.—The Secretary of Veterans Affairs 13

shall carry out a program under which the Secretary shall 14

provide up to 12 months of retraining assistance to an 15

eligible veteran for the pursuit of a covered program of 16

education. Such retraining assistance shall be in addition 17

to any other entitlement to educational assistance or bene-18

fits for which a veteran is, or has been, eligible. 19

(b) ELIGIBLE VETERANS.— 20

(1) IN GENERAL.—In this section, the term ‘‘el-21

igible veteran’’ means a veteran who— 22

(A) as of the date of the receipt by the De-23

partment of Veterans Affairs of an application 24

for assistance under this section, is at least 22 25

years of age but not more than 66 years of age; 26

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•HR 1319 EH

(B) as of such date, is unemployed by rea-1

son of the covered public health emergency, as 2

certified by the veteran; 3

(C) as of such date, is not eligible to re-4

ceive educational assistance under chapter 30, 5

31, 32, 33, or 35 of title 38, United States 6

Code, or chapter 1606 of title 10, United States 7

Code; 8

(D) is not enrolled in any Federal or State 9

jobs program; 10

(E) is not in receipt of compensation for a 11

service-connected disability rated totally dis-12

abling by reason of unemployability; and 13

(F) will not be in receipt of unemployment 14

compensation (as defined in section 85(b) of the 15

Internal Revenue Code of 1986), including any 16

cash benefit received pursuant to subtitle A of 17

title II of division A of the CARES Act (Public 18

Law 116–136), as of the first day on which the 19

veteran would receive a housing stipend pay-20

ment under this section. 21

(2) TREATMENT OF VETERANS WHO TRANSFER 22

ENTITLEMENT.—For purposes of paragraph (1)(C), 23

a veteran who has transferred all of the veteran’s 24

entitlement to educational assistance under section 25

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3319 of title 38, United States Code, shall be con-1

sidered to be a veteran who is not eligible to receive 2

educational assistance under chapter 33 of such 3

title. 4

(3) FAILURE TO COMPLETE.—A veteran who 5

receives retraining assistance under this section to 6

pursue a program of education and who fails to com-7

plete the program of education shall not be eligible 8

to receive additional assistance under this section. 9

(c) COVERED PROGRAMS OF EDUCATION.— 10

(1) IN GENERAL.—For purposes of this section, 11

a covered program of education is a program of edu-12

cation (as such term is defined in section 3452(b) of 13

title 38, United States Code) for training, pursued 14

on a full-time or part-time basis— 15

(A) that— 16

(i) is approved under chapter 36 of 17

such title; 18

(ii) does not lead to a bachelors or 19

graduate degree; and 20

(iii) is designed to provide training for 21

a high-demand occupation, as determined 22

under paragraph (3); or 23

(B) that is a high technology program of 24

education offered by a qualified provider, under 25

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the meaning given such terms in section 116 of 1

the Harry W. Colmery Veterans Educational 2

Assistance Act of 2017 (Public Law 115–48; 38 3

U.S.C. 3001 note). 4

(2) ACCREDITED PROGRAMS.—In the case of an 5

accredited program of education, the program of 6

education shall not be considered a covered program 7

of education under this section if the program has 8

received a show cause order from the accreditor of 9

the program during the five-year period preceding 10

the date of the enactment of this Act. 11

(3) DETERMINATION OF HIGH-DEMAND OCCU-12

PATIONS.— 13

(A) INITIAL IMPLEMENTATION.—In car-14

rying out this section, the Secretary shall use 15

the list of high-demand occupations compiled by 16

the Commissioner of Labor Statistics until the 17

final list under subparagraph (C) is complete. 18

(B) STUDY REQUIRED.—The Secretary of 19

Veterans Affairs shall enter into an agreement 20

with a federally funded research and develop-21

ment corporation or another appropriate non- 22

Department entity for the conduct of a study to 23

determine which occupations are high-demand 24

occupations. Such study shall be completed not 25

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•HR 1319 EH

later than 90 days after the date of the enact-1

ment of this Act. 2

(C) FINAL LIST.—The Secretary— 3

(i) may add or remove occupation 4

from the list in use pursuant to subpara-5

graph (A) during the 90-day period fol-6

lowing the completion of the study required 7

by subparagraph (B); 8

(ii) shall issue a final list of high-de-9

mand occupations for use under this sec-10

tion by not later than 90 days after the 11

date of the completion of the study; and 12

(iii) shall make such final list publicly 13

available on a website of the Department. 14

(D) USE OF LIST.—The Secretary shall 15

use the list developed under this paragraph in 16

order to apply the requirement that retraining 17

assistance under this section is used for train-18

ing for a high-demand occupation, but the Sec-19

retary may remove occupations from the list as 20

the Secretary determines appropriate. 21

(4) FULL-TIME DEFINED.—For purposes of 22

this subsection, the term ‘‘full-time’’ has the mean-23

ing given such term under section 3688 of title 38, 24

United States Code. 25

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•HR 1319 EH

(d) AMOUNT OF ASSISTANCE.— 1

(1) RETRAINING ASSISTANCE.—The Secretary 2

of Veterans Affairs shall provide to an eligible vet-3

eran pursuing a covered program of education under 4

the retraining assistance program under this section 5

an amount equal to the amount of educational as-6

sistance payable under section 3313(c)(1)(A) of title 7

38, United States Code, for each month the veteran 8

pursues the covered program of education. Such 9

amount shall be payable directly to the educational 10

institution offering the covered program of education 11

pursued by the veteran as follows: 12

(A) 50 percent of the total amount payable 13

shall be paid when the eligible veteran begins 14

the program of education. 15

(B) 25 percent of the total amount payable 16

shall be paid when the eligible veteran com-17

pletes the program of education. 18

(C) 25 percent of the total amount payable 19

shall be paid when the eligible veteran finds em-20

ployment in a field related to the program of 21

education. 22

(2) FAILURE TO COMPLETE.— 23

(A) PRO-RATED PAYMENTS.—In the case 24

of a veteran who pursues a covered program of 25

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•HR 1319 EH

education under the retraining assistance pro-1

gram under this section, but who does not com-2

plete the program of education, the Secretary 3

shall pay to the educational institution offering 4

such program of education a pro-rated amount 5

based on the number of months the veteran 6

pursued the program of education in accordance 7

with this paragraph. 8

(B) PAYMENT OTHERWISE DUE UPON 9

COMPLETION OF PROGRAM.—The Secretary 10

shall pay to the educational institution a pro- 11

rated amount under paragraph (1)(B) when the 12

veteran provides notice to the educational insti-13

tution that the veteran no longer intends to 14

pursue the program of education. 15

(C) NONRECOVERY FROM VETERAN.—In 16

the case of a veteran referred to in subpara-17

graph (A), the educational institution may not 18

seek payment from the veteran for any amount 19

that would have been payable under paragraph 20

(1)(B) had the veteran completed the program 21

of education. 22

(D) PAYMENT DUE UPON EMPLOYMENT.— 23

(i) VETERANS WHO FIND EMPLOY-24

MENT.—In the case of a veteran referred 25

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•HR 1319 EH

to in subparagraph (A) who finds employ-1

ment in a field related to the program of 2

education during the 180-day period begin-3

ning on the date on which the veteran 4

withdraws from the program of education, 5

the Secretary shall pay to the educational 6

institution a pro-rated amount under para-7

graph (1)(C) when the veteran finds such 8

employment. 9

(ii) VETERANS WHO DO NOT FIND EM-10

PLOYMENT.—In the case of a veteran re-11

ferred to in subparagraph (A) who does 12

not find employment in a field related to 13

the program of education during the 180- 14

day period beginning on the date on which 15

the veteran withdraws from the program of 16

education— 17

(I) the Secretary shall not make 18

a payment to the educational institu-19

tion under paragraph (1)(C); and 20

(II) the educational institution 21

may not seek payment from the vet-22

eran for any amount that would have 23

been payable under paragraph (1)(C) 24

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•HR 1319 EH

had the veteran found employment 1

during such 180-day period. 2

(3) HOUSING STIPEND.—For each month that 3

an eligible veteran pursues a covered program of 4

education under the retraining assistance program 5

under this section, the Secretary shall pay to the 6

veteran a monthly housing stipend in an amount 7

equal to— 8

(A) in the case of a covered program of 9

education leading to a degree, or a covered pro-10

gram of education not leading to a degree, at 11

an institution of higher learning (as that term 12

is defined in section 3452(f) of title 38, United 13

States Code) pursued on more than a half-time 14

basis, the amount specified under subsection 15

(c)(1)(B) of section 3313 of title 38, United 16

States Code; 17

(B) in the case of a covered program of 18

education other than a program of education 19

leading to a degree at an institution other than 20

an institution of higher learning pursued on 21

more than a half-time basis, the amount speci-22

fied under subsection (g)(3)(A)(ii) of such sec-23

tion; or 24

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•HR 1319 EH

(C) in the case of a covered program of 1

education pursued on less than a half-time 2

basis, or a covered program of education pur-3

sued solely through distance learning on more 4

than a half-time basis, the amount specified 5

under subsection (c)(1)(B)(iii) of such section. 6

(4) FAILURE TO FIND EMPLOYMENT.—The 7

Secretary shall not make a payment under para-8

graph (1)(C) with respect to an eligible veteran who 9

completes or fails to complete a program of edu-10

cation under the retraining assistance program 11

under this section if the veteran fails to find employ-12

ment in a field related to the program of education 13

within the 180-period beginning on the date on 14

which the veteran withdraws from or completes the 15

program. 16

(e) NO TRANSFERABILITY.—Retraining assistance 17

provided under this section may not be transferred to an-18

other individual. 19

(f) LIMITATION.—Not more than 17,250 eligible vet-20

erans may receive retraining assistance under this section. 21

(g) TERMINATION.—No retraining assistance may be 22

paid under this section after the date that is 21 months 23

after the date of the enactment of this Act. 24

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•HR 1319 EH

(h) COMPTROLLER GENERAL REPORT.—Not later 1

than 180 days after the termination of the retraining as-2

sistance program under subsection (k), the Comptroller 3

General shall submit to the Committees on Veterans’ Af-4

fairs of the Senate and House of Representatives a report 5

on the outcomes and effectiveness of the program. 6

(i) FUNDING.—In addition to amounts otherwise 7

available there is appropriated to the Department of Vet-8

erans Affairs for fiscal year 2021, out of any money in 9


to remain available until expended, to carry out this sec-11

tion. 12

SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR-13

ING FOR VETERANS DURING EMERGENCY RE-14

LATING TO COVID–19. 15

(a) IN GENERAL.—The Secretary of Veterans Af-16

fairs— 17

(1) shall provide for any copayment or other 18

cost sharing with respect to health care under the 19

laws administered by the Secretary received by a 20

veteran during the period specified in subsection (b); 21

and 22

(2) shall reimburse any veteran who paid a co-23

payment or other cost sharing for health care under 24

the laws administered by the Secretary received by 25

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•HR 1319 EH

the veteran during such period the amount paid by 1

the veteran. 2

(b) PERIOD SPECIFIED.—The period specified in this 3

subsection is the period beginning on April 6, 2020, and 4

ending on September 30, 2021. 5


available, there is appropriated to the Secretary of Vet-7

erans Affairs for fiscal year 2021, out of any money in 8


to remain available until expended, to carry out this sec-10

tion, except for health care furnished pursuant to section 11

1703(c)(2)–(c)(4) of title 38, United States Code. 12

SEC. 8008. EMERGENCY DEPARTMENT OF VETERANS AF-13

FAIRS EMPLOYEE LEAVE FUND. 14


tablished in the Treasury the Emergency Department of 16

Veterans Affairs Employee Leave Fund (in this section 17

referred to as the ‘‘Fund’’), to be administered by the Sec-18

retary of Veterans Affairs, for the purposes set forth in 19

subsection (b). In addition to amounts otherwise available, 20



$80,000,000, which shall be deposited into the Fund and 23

remain available through September 20, 2022. 24

388

•HR 1319 EH


able for payment to the Department of Veterans Affairs 2

for the use of paid leave by any covered employee who 3

is unable to work because the employee— 4





COVID–19; 9













precautions; 22


lar condition; 24

389

•HR 1319 EH








19; or 8







by a covered employee during the period beginning 15

on the date of enactment of this Act and ending on 16

September 30, 2021. 17


this section— 19

(A) shall be provided to a covered employee 20

in an amount not to exceed 600 hours of paid 21

leave for each full-time employee, and in the 22

case of a part-time employee, employee on an 23

uncommon tour of duty, or employee with a 24

seasonal work schedule, in an amount not to ex-25

390

•HR 1319 EH

ceed the proportional equivalent of 600 hours to 1

the extent amounts in the Fund remain avail-2

able for reimbursement; 3



(C) may not be provided to a covered em-6

ployee if the leave would result in payments 7

greater than $2,800 in aggregate for any bi-8

weekly pay period for a full-time employee, or 9

a proportionally equivalent biweekly limit for a 10

part-time employee. 11




vided to a covered employee; and 15

(B) may not be used by a covered em-16

ployee concurrently with any other paid leave. 17


Any paid leave provided to a covered employee under 19

this section shall reduce the total service used to cal-20

culate any Federal civilian retirement benefit. 21

(d) COVERED EMPLOYEE DEFINED.—In this section, 22

the term ‘‘covered employee’’ means an employee of the 23

Department of Veterans Affairs appointed under chapter 24

74 of title 38, United States Code. 25

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•HR 1319 EH

TITLE IX—COMMITTEE ON WAYS 1

AND MEANS 2

Subtitle A—Crisis Support for 3

Unemployed Workers 4

PART 1—EXTENSION OF CARES ACT 5

UNEMPLOYMENT PROVISIONS 6

SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOYMENT AS-7

SISTANCE. 8

(a) IN GENERAL.—Section 2102(c) of the CARES 9

Act (15 U.S.C. 9021(c)) is amended— 10

(1) in paragraph (1)— 11

(A) by striking ‘‘paragraphs (2) and (3)’’ 12

and inserting ‘‘paragraph (2)’’; and 13

(B) in subparagraph (A)(ii), by striking 14

‘‘March 14, 2021’’ and inserting ‘‘August 29, 15

2021’’; and 16

(2) by striking paragraph (3) and redesignating 17

paragraph (4) as paragraph (3). 18

(b) INCREASE IN NUMBER OF WEEKS.—Section 19

2102(c)(2) of such Act (15 U.S.C. 9021(c)(2)) is amend-20

ed— 21

(1) by striking ‘‘50 weeks’’ and inserting ‘‘74 22

weeks’’; and 23

(2) by striking ‘‘50-week period’’ and inserting 24

‘‘74-week period’’. 25

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•HR 1319 EH

(c) HOLD HARMLESS FOR PROPER ADMINISTRA-1

TION.—In the case of an individual who is eligible to re-2

ceive pandemic unemployment assistance under section 3

2102 of the CARES Act (15 U.S.C. 9021) as of the day 4

before the date of enactment of this Act and on the date 5

of enactment of this Act becomes eligible for pandemic 6

emergency unemployment compensation under section 7

2107 of the CARES Act (15 U.S.C. 9025) by reason of 8

the amendments made by section 9016(b) of this title, any 9

payment of pandemic unemployment assistance under 10

such section 2102 made after the date of enactment of 11

this Act to such individual during an appropriate period 12

of time, as determined by the Secretary of Labor, that 13

should have been made under such section 2107 shall not 14

be considered to be an overpayment of assistance under 15

such section 2102, except that an individual may not re-16

ceive payment for assistance under section 2102 and a 17

payment for assistance under section 2107 for the same 18

week of unemployment. 19

(d) EFFECTIVE DATE.—The amendments made by 20

subsections (a) and (b) shall apply as if included in the 21

enactment of the CARES Act (Public Law 116–136), ex-22

cept that no amount shall be payable by virtue of such 23

amendments with respect to any week of unemployment 24

commencing before the date of the enactment of this Act. 25

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•HR 1319 EH

SEC. 9012. EXTENSION OF EMERGENCY UNEMPLOYMENT 1

RELIEF FOR GOVERNMENTAL ENTITIES AND 2

NONPROFIT ORGANIZATIONS. 3

(a) IN GENERAL.—Section 903(i)(1)(D) of the Social 4

Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by 5

striking ‘‘March 14, 2021’’ and inserting ‘‘August 29, 6

2021’’. 7

(b) INCREASE IN REIMBURSEMENT RATE.—Section 8

903(i)(1)(B) of such Act (42 U.S.C. 1103(i)(1)(B)) is 9

amended— 10

(1) in the first sentence, by inserting ‘‘and ex-11

cept as otherwise provided in this subparagraph’’ 12

after ‘‘as determined by the Secretary of Labor’’; 13

and 14

(2) by inserting after the first sentence the fol-15

lowing: ‘‘With respect to the amounts of such com-16

pensation paid for weeks of unemployment beginning 17

after March 31, 2021, and ending on or before Au-18

gust 29, 2021, the preceding sentence shall be ap-19

plied by substituting ‘75 percent’ for ‘one-half’.’’. 20

SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-21

MENT COMPENSATION. 22

(a) IN GENERAL.—Section 2104(e)(2) of the CARES 23

Act (15 U.S.C. 9023(e)(2)) is amended by striking 24

‘‘March 14, 2021’’ and inserting ‘‘August 29, 2021’’. 25

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•HR 1319 EH

(b) AMOUNT.—Section 2104(b)(3)(A) of such Act 1

(15 U.S.C. 9023(b)(3)(A)) is amended by adding at the 2

end the following: 3

‘‘(iii) For weeks of unemployment 4

ending after March 14, 2021, and ending 5

on or before August 29, 2021, $400.’’. 6

SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 7

FIRST WEEK OF COMPENSABLE REGULAR 8

UNEMPLOYMENT FOR STATES WITH NO WAIT-9

ING WEEK. 10

(a) IN GENERAL.—Section 2105(e)(2) of the CARES 11

Act (15 U.S.C. 9024(e)(2)) is amended by striking 12


(b) FULL REIMBURSEMENT.—Paragraph (3) of sec-14

tion 2105(c) of such Act (15 U.S.C. 9024(c)) is repealed 15

and such section shall be applied to weeks of unemploy-16

ment to which an agreement under section 2105 of such 17

Act applies as if such paragraph had not been enacted. 18

SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 19

FLEXIBILITY. 20

If a State modifies its unemployment compensation 21

law and policies, subject to the succeeding sentence, with 22

respect to personnel standards on a merit basis on an 23

emergency temporary basis as needed to respond to the 24

spread of COVID-19, such modifications shall be dis-25

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•HR 1319 EH

regarded for the purposes of applying section 303 of the 1

Social Security Act and section 3304 of the Internal Rev-2

enue Code of 1986 to such State law. Such modifications 3

shall only apply through August 29, 2021, and shall be 4

limited to engaging of temporary staff, rehiring of retirees 5

or former employees on a non-competitive basis, and other 6

temporary actions to quickly process applications and 7

claims. 8

SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM-9

PLOYMENT COMPENSATION. 10

(a) IN GENERAL.—Section 2107(g) of the CARES 11

Act (15 U.S.C. 9025(g)) is amended to read as follows: 12

‘‘(g) APPLICABILITY.—An agreement entered into 13

under this section shall apply to weeks of unemployment— 14

‘‘(1) beginning after the date on which such 15

agreement is entered into; and 16

‘‘(2) ending on or before August 29, 2021.’’. 17

(b) INCREASE IN NUMBER OF WEEKS.—Section 18

2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amend-19

ed by striking ‘‘24’’ and inserting ‘‘48’’. 20

(c) COORDINATION OF PANDEMIC EMERGENCY UN-21

EMPLOYMENT COMPENSATION WITH EXTENDED COM-22

PENSATION.—Section 2107(a)(5)(B) of such Act (15 23

U.S.C. 9025(a)(5)(B)) is amended by inserting ‘‘or for the 24

week that includes the date of enactment of the American 25

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•HR 1319 EH

Rescue Plan Act of 2021 (without regard to the amend-1

ments made by subsections (a) and (b) of section 9016 2

of such Act)’’ after ‘‘2020)’’. 3


this section shall apply as if included in the enactment 5

of the CARES Act (Public Law 116–136), except that no 6

amount shall be payable by virtue of such amendments 7

with respect to any week of unemployment commencing 8

before the date of the enactment of this Act. 9

SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 10

SHORT-TIME COMPENSATION PAYMENTS IN 11

STATES WITH PROGRAMS IN LAW. 12

Section 2108(b)(2) of the CARES Act (15 U.S.C. 13

9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ 14

and inserting ‘‘August 29, 2021’’. 15

SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 16

SHORT-TIME COMPENSATION AGREEMENTS 17

FOR STATES WITHOUT PROGRAMS IN LAW. 18

Section 2109(d)(2) of the CARES Act (15 U.S.C. 19

9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ 20

and inserting ‘‘August 29, 2021’’. 21

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•HR 1319 EH

PART 2—EXTENSION OF FFCRA UNEMPLOYMENT 1

PROVISIONS 2

SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR 3

STATES WITH ADVANCES. 4

Section 1202(b)(10)(A) of the Social Security Act 5

(42 U.S.C. 1322(b)(10)(A)) is amended by striking 6


SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EX-8

TENDED UNEMPLOYMENT COMPENSATION. 9

Section 4105 of the Families First Coronavirus Re-10

sponse Act (26 U.S.C. 3304 note) is amended by striking 11

‘‘March 14, 2021’’ each place it appears and inserting 12

‘‘August 29, 2021’’. 13

PART 3—DEPARTMENT OF LABOR FUNDING FOR 14

TIMELY, ACCURATE, AND EQUITABLE PAYMENT 15

SEC. 9031. FUNDING FOR ADMINISTRATION. 16


appropriated to the Employment and Training Adminis-18

tration of the Department of Labor for fiscal year 2021, 19


priated, $8,000,000, to remain available until expended, 21

for necessary expenses to carry out Federal activities re-22

lating to the administration of unemployment compensa-23

tion programs. 24

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•HR 1319 EH

SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE 1

ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 2

WORKERS. 3


available, there is appropriated to the Secretary of Labor 5


not otherwise appropriated, $2,000,000,000, to remain 7

available until expended, to detect and prevent fraud, pro-8

mote equitable access, and ensure the timely payment of 9

benefits with respect to unemployment insurance pro-10

grams, including programs extended under this subtitle. 11

(b) USE OF FUNDS.—Amounts made available under 12

subsection (a) may be used— 13

(1) for Federal administrative costs related to 14

the purposes described in subsection (a); 15

(2) for systemwide infrastructure investment 16

and development related to such purposes; and 17

(3) to make grants to States or territories ad-18

ministering unemployment insurance programs de-19

scribed in subsection (a) for such purposes, includ-20

ing the establishment of procedures or the building 21

of infrastructure to verify or validate identity, imple-22

ment Federal guidance regarding fraud detection 23

and prevention, and accelerate claims processing or 24

process claims backlogs due to the pandemic. 25

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•HR 1319 EH

(c) RESTRICTIONS ON GRANTS TO STATES AND TER-1

RITORIES.—As a condition of receiving a grant under sub-2

section (b)(3), the Secretary may require that a State or 3

territory receiving such a grant shall— 4

(1) use such program integrity tools as the Sec-5

retary may specify; and 6

(2) as directed by the Secretary, conduct user 7

accessibility testing on any new system developed by 8

the Secretary pursuant to subsection (b)(2). 9

Subtitle B—Emergency Assistance 10

to Families Through Home Vis-11

iting Programs 12

SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 13

THROUGH HOME VISITING PROGRAMS. 14

Title V of the Social Security Act (42 U.S.C. 701- 15

713) is amended by inserting after section 511 the fol-16

lowing: 17

‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 18

THROUGH HOME VISITING PROGRAMS. 19

‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition 20

to amounts otherwise appropriated, out of any money in 21

the Treasury of the United States not otherwise appro-22

priated, there are appropriated to the Secretary 23

$150,000,000, to remain available through September 30, 24

2022, to enable eligible entities to conduct programs in 25

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accordance with section 511 and subsection (c) of this sec-1

tion. 2

‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re-3

ceive funds made available by subsection (a) of this sec-4

tion, an entity shall— 5

‘‘(1) as of the date of the enactment of this sec-6

tion, be conducting a program under section 511; 7

‘‘(2) ensure the modification of grants, con-8

tracts, and other agreements, as applicable, executed 9

under section 511 under which the program is con-10

ducted as are necessary to provide that, during the 11

period that begins with the date of the enactment of 12

this section and ends with the end of the 2nd suc-13

ceeding fiscal year after the funds are awarded, the 14

entity shall— 15

‘‘(A) not reduce funding for, or staffing 16

levels of, the program on account of reduced en-17

rollment in the program; and 18

‘‘(B) when using funds to provide emer-19

gency supplies to eligible families receiving 20

grant services under section 511, ensure coordi-21

nation with local diaper banks to the extent 22

practicable; and 23

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‘‘(3) reaffirm that, in conducting the program, 1

the entity will focus on priority populations (as de-2

fined in section 511(d)(4)). 3

‘‘(c) USES OF FUNDS.—An entity to which funds are 4

provided under this section shall use the funds— 5

‘‘(1) to serve families with home visits or with 6

virtual visits, that may be conducted by the use of 7

electronic information and telecommunications tech-8

nologies, in a service delivery model described in sec-9

tion 511(d)(3)(A); 10

‘‘(2) to pay hazard pay or other additional staff 11

costs associated with providing home visits or ad-12

ministration for programs funded under section 511; 13

‘‘(3) to train home visitors employed by the en-14

tity in conducting a virtual home visit and in emer-15

gency preparedness and response planning for fami-16

lies served, and may include training on how to safe-17

ly conduct intimate partner violence screenings, and 18

training on safety and planning for families served 19

to support the family outcome improvements listed 20

in section 511(d)(2)(B); 21

‘‘(4) for the acquisition by families served by 22

programs under section 511 of such technological 23

means as are needed to conduct and support a vir-24

tual home visit; 25

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‘‘(5) to provide emergency supplies (such as 1

diapers and diapering supplies including diaper 2

wipes and diaper cream, necessary to ensure that a 3

child using a diaper is properly cleaned and pro-4

tected from diaper rash, formula, food, water, hand 5

soap and hand sanitizer) to an eligible family (as de-6

fined in section 511(k)(2)); 7

‘‘(6) to coordinate with and provide reimburse-8

ment for supplies to diaper banks when using such 9

entities to provide emergency supplies specified in 10

paragraph (5); or 11

‘‘(7) to provide prepaid grocery cards to an eli-12

gible family (as defined in section 511(k)(2)) partici-13

pating in the maternal, infant, and early childhood 14

home visiting program under section 511 for the 15

purpose of enabling the family to meet the emer-16

gency needs of the family.’’. 17

Subtitle C—Emergency Assistance 18

to Children and Families 19

SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. 20


603) is amended by adding at the end the following: 22

‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— 23

‘‘(1) APPROPRIATION.—In addition to amounts 24

otherwise available, there is appropriated for fiscal 25

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year 2021, out of any money in the Treasury of the 1

United States not otherwise appropriated, 2

$1,000,000,000, to remain available until expended, 3

to carry out this subsection. 4

‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL 5

ASSISTANCE.—Of the amount specified in paragraph 6

(1), the Secretary shall reserve $2,000,000 for ad-7

ministrative expenses and the provision of technical 8

assistance to States and Indian tribes with respect 9

to the use of funds provided under this subsection. 10

‘‘(3) ALLOTMENTS.— 11

‘‘(A) 50 STATES AND THE DISTRICT OF 12

COLUMBIA.— 13

‘‘(i) TOTAL AMOUNT TO BE ALLOT-14

TED.—The Secretary shall allot a total of 15

92.5 percent of the amount specified in 16

paragraph (1) that is not reserved under 17

paragraph (2) among the States that are 18

not a territory and that are operating a 19

program funded under this part, in accord-20

ance with clause (ii) of this subparagraph. 21

‘‘(ii) ALLOTMENT FORMULA.—The 22

Secretary shall allot to each such State the 23

sum of the following percentages of the 24

total amount described in clause (i): 25

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•HR 1319 EH

‘‘(I) 50 percent, multiplied by— 1

‘‘(aa) the population of chil-2

dren in the State, determined on 3

the basis of the most recent pop-4

ulation estimates as determined 5

by the Bureau of the Census; di-6

vided by 7

‘‘(bb) the total population of 8

children in the States that are 9

not territories, as so determined; 10

plus 11

‘‘(II) 50 percent, multiplied by— 12

‘‘(aa) the total amount ex-13

pended by the State for basic as-14

sistance, non-recurrent short 15

term benefits, and emergency as-16

sistance in fiscal year 2019, as 17

reported by the State under sec-18

tion 411; divided by 19

‘‘(bb) the total amount ex-20

pended by the States that are not 21

territories for basic assistance, 22

non-recurrent short term bene-23

fits, and emergency assistance in 24

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•HR 1319 EH

fiscal year 2019, as so reported 1

by the States. 2

‘‘(B) TERRITORIES AND INDIAN TRIBES.— 3

The Secretary shall allot among the territories 4

and Indian tribes otherwise eligible for a grant 5

under this part such portions of 7.5 percent of 6

the amount specified in paragraph (1) that are 7

not reserved under paragraph (2) as the Sec-8

retary deems appropriate based on the needs of 9

the territory or tribe involved. 10

‘‘(C) EXPENDITURE COMMITMENT RE-11

QUIREMENT.—To receive the full amount of 12

funding payable under this subsection, a State 13

or Indian tribe shall inform the Secretary as to 14

whether it intends to use all of its allotment 15

under this paragraph and provide that informa-16

tion— 17

‘‘(i) in the case of a State that is not 18

a territory, within 45 days after the date 19

of the enactment of this subsection; or 20

‘‘(ii) in the case of a territory or an 21

Indian tribe, within 90 days after such 22

date of enactment. 23

‘‘(4) GRANTS.— 24

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provide funds to each State and Indian tribe to 2

which an amount is allotted under paragraph 3

(3), from the amount so allotted. 4

‘‘(B) TREATMENT OF UNUSED FUNDS.— 5

‘‘(i) REALLOTMENT.—The Secretary 6

shall reallot in accordance with paragraph 7

(3) all funds provided to any State or In-8

dian tribe under this subsection that are 9

unused, among the other States and In-10

dian tribes eligible for funds under this 11

subsection. For purposes of paragraph (3), 12

the Secretary shall treat the funds as if in-13

cluded in the amount specified in para-14

graph (1). 15

‘‘(ii) PROVISION.—The Secretary shall 16

provide funds to each such other State or 17

Indian tribe in an amount equal to the 18

amount so reallotted. 19

‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER-20

RITORIES.—In the case of a territory not operating 21

a program funded under this part, the Secretary 22

shall provide the funds required to be provided to 23

the territory under this subsection, to the agency 24

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that administers the bulk of local human services 1

programs in the territory. 2

‘‘(6) USE OF FUNDS.— 3

‘‘(A) IN GENERAL.—A State or Indian 4

tribe to which funds are provided under this 5

subsection may use the funds only for non-re-6

current short term benefits, whether in the 7

form of cash or in other forms. 8

‘‘(B) LIMITATION ON USE FOR ADMINIS-9

TRATIVE EXPENSES.—A State to which funds 10

are provided under this subsection shall not ex-11

pend more than 15 percent of the funds for ad-12

ministrative purposes. 13

‘‘(C) NONSUPPLANTATION.—Funds pro-14

vided under this subsection shall be used to 15

supplement and not supplant other Federal, 16

State, or tribal funds for services and activities 17

that promote the purposes of this part. 18

‘‘(D) EXPENDITURE DEADLINE.— 19

‘‘(i) IN GENERAL.—Except as pro-20

vided in clause (ii), a State or Indian tribe 21

to which funds are provided under this 22

subsection shall expend the funds not later 23

than the end of fiscal year 2022. 24

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‘‘(ii) EXCEPTION FOR REALLOTTED 1

FUNDS.—A State or Indian tribe to which 2

funds are provided under paragraph (4)(B) 3

shall expend the funds within 12 months 4

after receipt. 5

‘‘(7) EXPENDITURE REPORTS.—On expending 6

all funds provided to a State or Indian tribe under 7

this subsection, the entity shall submit to the Sec-8

retary a written report that describes how the funds 9

were expended, which report shall be so submitted— 10

‘‘(A) if the entity is a State that is not a 11

territory, within 90 days after expenditure; or 12

‘‘(B) if the entity is a territory or is oper-13

ating a tribal program funded under this part, 14

within 120 days after expenditure. 15

‘‘(8) SUSPENSION OF TERRITORY SPENDING 16

CAP.—Section 1108 shall not apply with respect to 17

any funds provided under this subsection. 18

‘‘(9) DEFINITIONS.—In this subsection: 19

‘‘(A) APPLICABLE PERIOD.—The term ‘ap-20

plicable period’ means the period that begins 21

with April 1, 2021, and ends with September 22

30, 2022. 23

‘‘(B) NON-RECURRENT SHORT TERM BEN-24

EFITS.—The term ‘non-recurrent short term 25

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benefits’ has the meaning given the term in 1

OMB approved Form ACF-196R, published on 2

July 31, 2014. 3

‘‘(C) STATE.—The term ‘State’ means the 4

50 States of the United States, the District of 5

Columbia, and the territories. 6

‘‘(D) TERRITORY.—The term ‘territory’ 7

means the Commonwealth of Puerto Rico, the 8

United States Virgin Islands, Guam, American 9

Samoa, and the Commonwealth of the Northern 10

Mariana Islands.’’. 11

Subtitle D—Elder Justice and 12

Support Guarantee 13

SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS-14

ABILITY SERVICES PROGRAMS. 15

Subtitle A of title XX of the Social Security Act (42 16

U.S.C. 1397-1397h) is amended by adding at the end the 17

following: 18

‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS-19

ABILITY SERVICES PROGRAMS. 20




priated, $276,000,000, to remain available until expended, 24

to carry out the programs described in subtitle B. 25

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‘‘(b) USE OF FUNDS.— 1

‘‘(1) IN GENERAL.—Of the amounts made 2

available by subsection (a)— 3

‘‘(A) $88,000,000 shall be made available 4

to carry out the programs described in subtitle 5

B in fiscal year 2021, of which not less than an 6

amount equal to $100,0000,000 minus the 7

amount previously provided in fiscal year 2021 8

to carry out section 2042(b) shall be made 9

available to carry out such section; and 10

‘‘(B) $188,000,000 shall be made available 11

to carry out the programs described in subtitle 12

B in fiscal year 2022, of which not less than 13

$100,000,000 shall be for activities described in 14

section 2042(b). 15

‘‘(2) SERVICES FOR ALL ADULTS.—The 16

amounts made available by subsection (a) of this 17

section to carry out section 2042(b) may be used to 18

provide services under programs described in section 19

2042(b) for all adults, as defined by local adult pro-20

tective services statutes and regulations.’’. 21

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Subtitle E—Support to Skilled 1

Nursing Facilities in Response 2

to COVID–19 3

SEC. 9401. PROVIDING FOR INFECTION CONTROL SUPPORT 4

TO SKILLED NURSING FACILITIES THROUGH 5

CONTRACTS WITH QUALITY IMPROVEMENT 6

ORGANIZATIONS. 7

Section 1862(g) of the Social Security Act (42 U.S.C. 8

1395y(g)) is amended— 9

(1) by striking ‘‘The Secretary’’ and inserting 10

‘‘(1) The Secretary’’; and 11


paragraph: 13

‘‘(2) In addition to any amounts otherwise available, 14

there is appropriated to the Secretary, out of any monies 15


$200,000,000, to remain available until expended, for pur-17

poses of carrying out infection control support (as deter-18

mined appropriate by the Secretary) through the develop-19

ment and dissemination of protocols relating to the pre-20

vention or mitigation of COVID–19 in skilled nursing fa-21

cilities (as defined in section 1819(a)).’’. 22

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•HR 1319 EH

SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 1

AND EMPLOYEE SAFETY IN SKILLED NURS-2

ING FACILITIES. 3


1395i–3) is amended by adding at the end the following 5

new subsection: 6

‘‘(k) FUNDING FOR STRIKE TEAMS.—In addition to 7

amounts otherwise available, there is appropriated to the 8

Secretary, out of any monies in the Treasury not otherwise 9


pended, for purposes of allocating such amount among the 11

States (including the District of Columbia and each terri-12

tory of the United States) for such a State to establish 13

and implement a strike team that will be deployed to a 14

skilled nursing facility in the State with diagnosed or sus-15

pected cases of COVID–19 among residents or staff for 16

the purposes of assisting with clinical care, infection con-17

trol, or staffing during the emergency period described in 18

section 1135(g)(1)(B).’’. 19

Subtitle F—Preserving Health 20

Benefits for Workers 21

SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 22

(a) PREMIUM ASSISTANCE FOR COBRA CONTINU-23

ATION COVERAGE FOR INDIVIDUALS AND THEIR FAMI-24

LIES.— 25

(1) PROVISION OF PREMIUM ASSISTANCE.— 26

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•HR 1319 EH

(A) REDUCTION OF PREMIUMS PAY-1

ABLE.—In the case of any premium for a pe-2

riod of coverage during the period beginning on 3

the first day of the first month beginning after 4

the date of the enactment of this Act, and end-5

ing on September 30, 2021, for COBRA con-6

tinuation coverage with respect to any assist-7

ance eligible individual described in paragraph 8

(3), such individual shall be treated for pur-9

poses of any COBRA continuation provision as 10

having paid the amount of such premium if 11

such individual pays (or any person other than 12

such individual’s employer pays on behalf of 13

such individual) 15 percent of the amount of 14

such premium. 15

(B) PLAN ENROLLMENT OPTION.— 16

(i) IN GENERAL.—Notwithstanding 17

the COBRA continuation provisions, any 18

assistance eligible individual who is en-19

rolled in a group health plan offered by a 20

plan sponsor may, not later than 90 days 21

after the date of notice of the plan enroll-22

ment option described in this subpara-23

graph, elect to enroll in coverage under a 24

plan offered by such plan sponsor that is 25

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•HR 1319 EH

different than coverage under the plan in 1

which such individual was enrolled at the 2

time, in the case of any assistance eligible 3

individual described in paragraph (3), the 4

qualifying event specified in section 603(2) 5

of the Employee Retirement Income Secu-6

rity Act of 1974, section 4980B(f)(3)(B) 7


section 2203(2) of the Public Health Serv-9

ice Act, except for the voluntary termi-10

nation of such individual’s employment by 11

such individual, occurred, and such cov-12

erage shall be treated as COBRA continu-13

ation coverage for purposes of the applica-14

ble COBRA continuation coverage provi-15

sion. 16

(ii) REQUIREMENTS.—Any assistance 17

eligible individual may elect to enroll in 18

different coverage as described in clause (i) 19

only if— 20

(I) the employer involved has 21

made a determination that such em-22

ployer will permit such assistance eli-23

gible individual to enroll in different 24

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•HR 1319 EH

coverage as provided under this sub-1

paragraph; 2

(II) the premium for such dif-3

ferent coverage does not exceed the 4

premium for coverage in which such 5

individual was enrolled at the time 6

such qualifying event occurred; 7

(III) the different coverage in 8


coverage that is also offered to simi-10

larly situated active employees of the 11

employer at the time at which such 12

election is made; and 13

(IV) the different coverage in 14


not— 16

(aa) coverage that provides 17

only excepted benefits as defined 18

in section 9832(c) of the Internal 19

Revenue Code of 1986, section 20

733(c) of the Employee Retire-21

ment Income Security Act of 22

1974, and section 2791(c) of the 23

Public Health Service Act; 24

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•HR 1319 EH

(bb) a qualified small em-1

ployer health reimbursement ar-2


9831(d)(2) of the Internal Rev-4

enue Code of 1986); or 5

(cc) a flexible spending ar-6


106(c)(2) of the Internal Rev-8

enue Code of 1986). 9

(2) LIMITATION OF PERIOD OF PREMIUM AS-10

SISTANCE.— 11

(A) ELIGIBILITY FOR ADDITIONAL COV-12

ERAGE.—Paragraph (1)(A) shall not apply with 13

respect to any assistance eligible individual de-14

scribed in paragraph (3) for months of coverage 15

beginning on or after the earlier of— 16

(i) the first date that such individual 17

is eligible for coverage under any other 18

group health plan (other than coverage 19

consisting of only excepted benefits (as de-20

fined in section 9832(c) of the Internal 21

Revenue Code of 1986, section 733(c) of 22


Act of 1974, and section 2791(c) of the 24

Public Health Service Act), coverage under 25

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•HR 1319 EH

a flexible spending arrangement (as de-1

fined in section 106(c)(2) of the Internal 2

Revenue Code of 1986), coverage under a 3

qualified small employer health reimburse-4

ment arrangement (as defined in section 5

9831(d)(2) of the Internal Revenue Code 6

of 1986)), or eligible for benefits under the 7

Medicare program under title XVIII of the 8

Social Security Act; or 9

(ii) the earlier of— 10

(I) the date following the expira-11

tion of the maximum period of con-12

tinuation coverage required under the 13

applicable COBRA continuation cov-14

erage provision; or 15

(II) the date following the expira-16

tion of the period of continuation cov-17

erage allowed under paragraph 18

(4)(B)(ii). 19

(B) NOTIFICATION REQUIREMENT.—Any 20

assistance eligible individual shall notify the 21

group health plan with respect to which para-22

graph (1)(A) applies if such paragraph ceases 23

to apply by reason of clause (i) of subparagraph 24

(A) (as applicable). Such notice shall be pro-25

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•HR 1319 EH

vided to the group health plan in such time and 1

manner as may be specified by the Secretary of 2

Labor. 3

(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 4

purposes of this section, the term ‘‘assistance eligible 5

individual’’ means, with respect to a period of cov-6

erage during the period beginning on the first day 7

of the first month beginning after the date of the en-8

actment of this Act, and ending on September 30, 9

2021, any individual that is a qualified beneficiary 10

who— 11

(A) is eligible for COBRA continuation 12

coverage by reason of a qualifying event speci-13

fied in section 603(2) of the Employee Retire-14

ment Income Security Act of 1974, section 15

4980B(f)(3)(B) of the Internal Revenue Code 16

of 1986, or section 2203(2) of the Public 17

Health Service Act, except for the voluntary 18

termination of such individual’s employment by 19

such individual; and 20

(B) elects such coverage. 21

(4) EXTENSION OF ELECTION PERIOD AND EF-22

FECT ON COVERAGE.— 23

(A) IN GENERAL.—For purposes of apply-24

ing section 605(a) of the Employee Retirement 25

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•HR 1319 EH

Income Security Act of 1974, section 1

4980B(f)(5)(A) of the Internal Revenue Code 2

of 1986, and section 2205(a) of the Public 3

Health Service Act, in the case of— 4

(i) an individual who does not have an 5

election of COBRA continuation coverage 6

in effect on the first day of the first month 7

beginning after the date of the enactment 8

of this Act but who would be an assistance 9

eligible individual described in paragraph 10

(3) if such election were so in effect; or 11

(ii) an individual who elected COBRA 12

continuation coverage and discontinued 13

from such coverage before the first day of 14

the first month beginning after the date of 15

the enactment of this Act, 16

such individual may elect the COBRA continu-17

ation coverage under the COBRA continuation 18

coverage provisions containing such provisions 19

during the period beginning on the first day of 20

the first month beginning after the date of the 21

enactment of this Act and ending 60 days after 22

the date on which the notification required 23

under paragraph (6)(C) is provided to such in-24

dividual. 25

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•HR 1319 EH

(B) COMMENCEMENT OF COBRA CONTINU-1

ATION COVERAGE.—Any COBRA continuation 2

coverage elected by a qualified beneficiary dur-3

ing an extended election period under subpara-4

graph (A)— 5

(i) shall commence (including for pur-6

poses of applying the treatment of pre-7

mium payments under paragraph (1)(A) 8

and any cost-sharing requirements for 9

items and services under a group health 10

plan) with the first period of coverage be-11

ginning on or after the first day of the 12

first month beginning after the date of the 13

enactment of this Act, and 14

(ii) shall not extend beyond the period 15

of COBRA continuation coverage that 16

would have been required under the appli-17

cable COBRA continuation coverage provi-18

sion if the coverage had been elected as re-19

quired under such provision. 20

(5) NOTICES TO INDIVIDUALS.— 21

(A) GENERAL NOTICE.— 22

(i) IN GENERAL.—In the case of no-23

tices provided under section 606(a)(4) of 24


421

•HR 1319 EH

Act of 1974 (29 U.S.C. 1166(4)), section 1

4980B(f)(6)(D) of the Internal Revenue 2

Code of 1986, or section 2206(4) of the 3


300bb–6(4)), with respect to individuals 5

who, during the period described in para-6

graph (3), become entitled to elect COBRA 7

continuation coverage, the requirements of 8

such provisions shall not be treated as met 9

unless such notices include an additional 10

written notification to the recipient in clear 11

and understandable language of— 12

(I) the availability of premium 13

assistance with respect to such cov-14

erage under this subsection; and 15

(II) the option to enroll in dif-16

ferent coverage if the employer per-17

mits assistance eligible individuals de-18

scribed in paragraph (3) to elect en-19

rollment in different coverage (as de-20

scribed in paragraph (1)(B)). 21

(ii) ALTERNATIVE NOTICE.—In the 22

case of COBRA continuation coverage to 23

which the notice provision under such sec-24

tions does not apply, the Secretary of 25

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•HR 1319 EH

Labor, in consultation with the Secretary 1

of the Treasury and the Secretary of 2

Health and Human Services, shall, in con-3

sultation with administrators of the group 4

health plans (or other entities) that provide 5

or administer the COBRA continuation 6

coverage involved, provide rules requiring 7

the provision of such notice. 8

(iii) FORM.—The requirement of the 9

additional notification under this subpara-10

graph may be met by amendment of exist-11

ing notice forms or by inclusion of a sepa-12

rate document with the notice otherwise 13

required. 14

(B) SPECIFIC REQUIREMENTS.—Each ad-15

ditional notification under subparagraph (A) 16

shall include— 17

(i) the forms necessary for estab-18

lishing eligibility for premium assistance 19

under this subsection; 20

(ii) the name, address, and telephone 21

number necessary to contact the plan ad-22

ministrator and any other person main-23

taining relevant information in connection 24

with such premium assistance; 25

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•HR 1319 EH

(iii) a description of the extended elec-1

tion period provided for in paragraph 2

(4)(A); 3

(iv) a description of the obligation of 4

the qualified beneficiary under paragraph 5

(2)(B) and the penalty provided under sec-6

tion 6720C of the Internal Revenue Code 7

of 1986 for failure to carry out the obliga-8

tion; 9

(v) a description, displayed in a 10

prominent manner, of the qualified bene-11

ficiary’s right to a reduced premium and 12

any conditions on entitlement to the re-13

duced premium; and 14

(vi) a description of the option of the 15

qualified beneficiary to enroll in different 16

coverage if the employer permits such ben-17

eficiary to elect to enroll in such different 18

coverage under paragraph (1)(B). 19

(C) NOTICE IN CONNECTION WITH EX-20

TENDED ELECTION PERIODS.—In the case of 21

any assistance eligible individual described in 22

paragraph (3) (or any individual described in 23

paragraph (4)(A)) who became entitled to elect 24

COBRA continuation coverage before the first 25

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•HR 1319 EH

day of the first month beginning after the date 1

of the enactment of this Act, the administrator 2

of the applicable group health plan (or other 3

entity) shall provide (within 60 days after such 4

first day of such first month) for the additional 5

notification required to be provided under sub-6

paragraph (A) and failure to provide such no-7

tice shall be treated as a failure to meet the no-8

tice requirements under the applicable COBRA 9

continuation provision. 10



with respect to any assistance eligible individual 13

described in paragraph (3), the Secretary of 14



Human Services, shall prescribe models for the 17

additional notification required under this para-18

graph. 19

(6) NOTICE OF EXPIRATION OF PERIOD OF 20


(A) IN GENERAL.—With respect to any as-22

sistance eligible individual, subject to subpara-23

graph (B), the requirements of section 24

606(a)(4) of the Employee Retirement Income 25

425

•HR 1319 EH

Security Act of 1974 (29 U.S.C. 1166(4)), sec-1

tion 4980B(f)(6)(D) of the Internal Revenue 2

Code of 1986, or section 2206(4) of the Public 3

Health Service Act (42 U.S.C. 300bb–6(4)), 4

shall not be treated as met unless the plan ad-5

ministrator of the individual, during the period 6

specified under subparagraph (C), provides to 7

such individual a written notice in clear and un-8

derstandable language— 9

(i) that the premium assistance for 10

such individual will expire soon and the 11

prominent identification of the date of 12

such expiration; and 13

(ii) that such individual may be eligi-14

ble for coverage without any premium as-15

sistance through— 16

(I) COBRA continuation cov-17

erage; or 18

(II) coverage under a group 19

health plan. 20

(B) EXCEPTION.—The requirement for the 21

group health plan administrator to provide the 22

written notice under subparagraph (A) shall be 23

waived if the premium assistance for such indi-24

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•HR 1319 EH

vidual expires pursuant to clause (i) of para-1

graph (2)(A). 2

(C) PERIOD SPECIFIED.—For purposes of 3

subparagraph (A), the period specified in this 4

subparagraph is, with respect to the date of ex-5

piration of premium assistance for any assist-6

ance eligible individual pursuant to a limitation 7

requiring a notice under this paragraph, the pe-8

riod beginning on the day that is 45 days before 9

the date of such expiration and ending on the 10

day that is 15 days before the date of such ex-11

piration. 12



with respect to any assistance eligible indi-15

vidual, the Secretary of Labor, in consultation 16

with the Secretary of the Treasury and the Sec-17

retary of Health and Human Services, shall 18

prescribe models for the notification required 19


(7) REGULATIONS.—The Secretary of the 21

Treasury and the Secretary of Labor may jointly 22

prescribe such regulations or other guidance as may 23

be necessary or appropriate to carry out the provi-24

sions of this subsection, including the prevention of 25

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fraud and abuse under this subsection, except that 1

the Secretary of Labor and the Secretary of Health 2

and Human Services may prescribe such regulations 3

(including interim final regulations) or other guid-4

ance as may be necessary or appropriate to carry 5

out the provisions of paragraphs (5), (6), and (8). 6

(8) OUTREACH.— 7

(A) IN GENERAL.—The Secretary of 8



Human Services, shall provide outreach con-11

sisting of public education and enrollment as-12

sistance relating to premium assistance pro-13

vided under this subsection. Such outreach shall 14

target employers, group health plan administra-15

tors, public assistance programs, States, insur-16

ers, and other entities as determined appro-17

priate by such Secretaries. Such outreach shall 18

include an initial focus on those individuals 19

electing continuation coverage who are referred 20

to in paragraph (5)(C). Information on such 21

premium assistance, including enrollment, shall 22

also be made available on websites of the De-23

partments of Labor, Treasury, and Health and 24

Human Services. 25

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(B) ENROLLMENT UNDER MEDICARE.— 1

The Secretary of Health and Human Services 2

shall provide outreach consisting of public edu-3

cation. Such outreach shall target individuals 4

who lose health insurance coverage. Such out-5

reach shall include information regarding en-6

rollment for Medicare benefits for purposes of 7

preventing mistaken delays of such enrollment 8

by such individuals, including lifetime penalties 9

for failure of timely enrollment. 10

(9) DEFINITIONS.—For purposes of this sec-11

tion: 12

(A) ADMINISTRATOR.—The term ‘‘admin-13

istrator’’ has the meaning given such term in 14

section 3(16)(A) of the Employee Retirement 15


(B) COBRA CONTINUATION COVERAGE.— 17

The term ‘‘COBRA continuation coverage’’ 18

means continuation coverage provided pursuant 19

to part 6 of subtitle B of title I of the Em-20

ployee Retirement Income Security Act of 1974 21

(other than under section 609), title XXII of 22

the Public Health Service Act, or section 23

4980B of the Internal Revenue Code of 1986 24

(other than subsection (f)(1) of such section in-25

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sofar as it relates to pediatric vaccines), or 1

under a State program that provides com-2

parable continuation coverage. Such term does 3

not include coverage under a health flexible 4

spending arrangement under a cafeteria plan 5

within the meaning of section 125 of the Inter-6

nal Revenue Code of 1986. 7

(C) COBRA CONTINUATION PROVISION.— 8

The term ‘‘COBRA continuation provision’’ 9

means the provisions of law described in sub-10

paragraph (B). 11

(D) COVERED EMPLOYEE.—The term 12

‘‘covered employee’’ has the meaning given such 13

term in section 607(2) of the Employee Retire-14

ment Income Security Act of 1974. 15

(E) QUALIFIED BENEFICIARY.—The term 16

‘‘qualified beneficiary’’ has the meaning given 17



(F) GROUP HEALTH PLAN.—The term 20

‘‘group health plan’’ has the meaning given 21



(G) STATE.—The term ‘‘State’’ includes 24

the District of Columbia, the Commonwealth of 25

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Puerto Rico, the Virgin Islands, Guam, Amer-1

ican Samoa, and the Commonwealth of the 2

Northern Mariana Islands. 3

(H) PERIOD OF COVERAGE.—Any ref-4

erence in this subsection to a period of coverage 5

shall be treated as a reference to a monthly or 6

shorter period of coverage with respect to which 7

premiums are charged with respect to such cov-8

erage. 9

(I) PLAN SPONSOR.—The term ‘‘plan 10

sponsor’’ has the meaning given such term in 11

section 3(16)(B) of the Employee Retirement 12


(J) PREMIUM.—The term ‘‘premium’’ in-14

cludes, with respect to COBRA continuation 15

coverage, any administrative fee. 16

(10) IMPLEMENTATION FUNDING.—In addition 17

to amounts otherwise made available, out of any 18

funds in the Treasury not otherwise appropriated, 19

there are appropriated to the Secretary of Labor for 20

fiscal year 2021, $10,000,000, to remain available 21

until expended, for the Employee Benefits Security 22

Administration to carry out the provisions of this 23

subtitle. 24

(b) COBRA PREMIUM ASSISTANCE.— 25

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(1) ALLOWANCE OF CREDIT.— 1

(A) IN GENERAL.—Subchapter B of chap-2

ter 65 of the Internal Revenue Code of 1986 is 3

amended by adding at the end the following 4

new section: 5

‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-6

ANCE. 7

‘‘(a) IN GENERAL.—The person to whom premiums 8

are payable for continuation coverage under section 9

9501(a)(1) of the American Rescue Plan Act of 2021 shall 10

be allowed as a credit against the tax imposed by section 11

3111(b), or so much of the taxes imposed under section 12

3221(a) as are attributable to the rate in effect under sec-13

tion 3111(b), for each calendar quarter an amount equal 14

to the premiums not paid by assistance eligible individuals 15

for such coverage by reason of such section 9501(a)(1) 16

with respect to such calendar quarter. 17

‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 18

For purposes of subsection (a), except as otherwise pro-19

vided by the Secretary, the person to whom premiums are 20

payable under such continuation coverage shall be treated 21

as being— 22

‘‘(1) in the case of any group health plan which 23

is a multiemployer plan (as defined in section 3(37) 24

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1974), the plan, 2


described in paragraph (1)— 4

‘‘(A) which is subject to the COBRA con-5

tinuation provisions contained in— 6

‘‘(i) the Internal Revenue Code of 7

1986, 8

‘‘(ii) the Employee Retirement Income 9

Security Act of 1974, or 10

‘‘(iii) the Public Health Service Act, 11

or 12

‘‘(B) under which some or all of the cov-13

erage is not provided by insurance, 14

the employer maintaining the plan, and 15


described in paragraph (1) or (2), the insurer pro-17

viding the coverage under the group health plan. 18

‘‘(c) LIMITATIONS AND REFUNDABILITY.— 19




the tax imposed by section 3111(b), or so much of 23

the taxes imposed under section 3221(a) as are at-24

tributable to the rate in effect under section 25

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3111(b), for such calendar quarter (reduced by any 1

credits allowed against such taxes under sections 2

3131, 3132, and 3134) on the wages paid with re-3

spect to the employment of all employees of the em-4

ployer. 5








‘‘(B) CREDIT MAY BE ADVANCED.—In an-13

ticipation of the credit, including the refundable 14

portion under subparagraph (A), the credit may 15

be advanced, according to forms and instruc-16

tions provided by the Secretary, up to an 17

amount calculated under subsection (a) through 18

the end of the most recent payroll period in the 19

quarter. 20

‘‘(C) TREATMENT OF DEPOSITS.—The 21

Secretary shall waive any penalty under section 22

6656 for any failure to make a deposit of the 23

tax imposed by section 3111(b), or so much of 24

the taxes imposed under section 3221(a) as are 25

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attributable to the rate in effect under section 1

3111(b), if the Secretary determines that such 2

failure was due to the anticipation of the credit 3

allowed under this section. 4

‘‘(D) TREATMENT OF PAYMENTS.—For 5

purposes of section 1324 of title 31, United 6

States Code, any amounts due to an employer 7

under this paragraph shall be treated in the 8

same manner as a refund due from a credit 9

provision referred to in subsection (b)(2) of 10

such section. 11

‘‘(3) OVERSTATEMENTS.—Any overstatement of 12

the credit to which a person is entitled under this 13

section (and any amount paid by the Secretary as a 14

result of such overstatement) shall be treated as an 15

underpayment by such person of the taxes described 16

in paragraph (1) and may be assessed and collected 17

by the Secretary in the same manner as such taxes. 18

‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of 19

this section, the term ‘person’ includes the government of 20

any State or political subdivision thereof, any Indian tribal 21

government (as defined in section 139E(c)(1)), any agency 22

or instrumentality of any of the foregoing, and any agency 23

or instrumentality of the Government of the United States 24

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that is described in section 501(c)(1) and exempt from 1

taxation under section 501(a). 2

‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes 3

of chapter 1, the gross income of any person allowed a 4

credit under this section shall be increased for the taxable 5

year which includes the last day of any calendar quarter 6

with respect to which such credit is allowed by the amount 7

of such credit. No credit shall be allowed under this sec-8

tion with respect to any amount which is taken into ac-9

count as qualified wages under section 2301 of the 10

CARES Act or section 3134 of this title or as qualified 11

health plan expenses under section 7001(d) or 7003(d) of 12

the Families First Coronavirus Response Act or section 13

3131 or 3132 of this title. 14

‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.— 15










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regulations, or other guidance, forms, instructions, and 2

publications, as may be necessary or appropriate to carry 3

out this section, including— 4

‘‘(1) the requirement to report information or 5

the establishment of other methods for verifying the 6

correct amounts of reimbursements under this sec-7

tion, 8

‘‘(2) the application of this section to group 9

health plans that are multiemployer plans (as de-10

fined in section 3(37) of the Employee Retirement 11

Income Security Act of 1974), 12


determined under subsection (a), subject to the limi-14

tations provided in this section, based on such infor-15

mation as the Secretary shall require, 16

‘‘(4) to provide for the reconciliation of such 17

advance payment with the amount of the credit at 18

the time of filing the return of tax for the applicable 19

quarter or taxable year, and 20

‘‘(5) allowing the credit to third party payors 21

(including professional employer organizations, cer-22

tified professional employer organizations, or agents 23

under section 3504).’’. 24

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•HR 1319 EH


sections for subchapter B of chapter 65 of the 2

Internal Revenue Code of 1986 is amended by 3

adding at the end the following new item: 4

‘‘Sec. 6432. Continuation coverage premium assistance.’’.


made by this paragraph shall apply to pre-6

miums to which subsection (a)(1)(A) applies 7

and wages paid on or after April 1, 2021. 8

(D) SPECIAL RULE IN CASE OF EMPLOYEE 9

PAYMENT THAT IS NOT REQUIRED UNDER THIS 10

SECTION.— 11

(i) IN GENERAL.—In the case of an 12

assistance eligible individual who pays, 13

with respect any period of coverage to 14

which subsection (a)(1)(A) applies, the 15

amount of the premium for such coverage 16

that the individual would have (but for this 17

Act) been required to pay, the person to 18

whom such payment is payable shall reim-19

burse such individual for the amount of 20

such premium paid in excess of the 21

amount required to be paid under sub-22

section (a)(1)(A). 23

(ii) CREDIT OF REIMBURSEMENT.—A 24

person to which clause (i) applies shall be 25

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•HR 1319 EH

allowed a credit in the manner provided 1

under section 6432 of the Internal Rev-2

enue Code of 1986 for any payment made 3

to the employee under such clause. 4

(iii) PAYMENT OF CREDITS.—Any 5

person to which clause (i) applies shall 6

make the payment required under such 7

clause to the individual not later than 60 8

days after the date on which such indi-9

vidual elects continuation coverage under 10

subsection (a)(1). 11

(2) PENALTY FOR FAILURE TO NOTIFY HEALTH 12

PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 13

ASSISTANCE.— 14

(A) IN GENERAL.—Part I of subchapter B 15


1986 is amended by adding at the end the fol-17


‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 19

PLAN OF CESSATION OF ELIGIBILITY FOR 20

CONTINUATION COVERAGE PREMIUM ASSIST-21

ANCE. 22

‘‘(a) IN GENERAL.—Except in the case of a failure 23

described in subsection (b) or (c), any person required to 24

notify a group health plan under section 9501(a)(2)(B) 25

439

•HR 1319 EH

of the American Rescue Plan Act of 2021 who fails to 1

make such a notification at such time and in such manner 2

as the Secretary of Labor may require shall pay a penalty 3

of $250 for each such failure. 4

‘‘(b) INTENTIONAL FAILURE.—In the case of any 5

such failure that is fraudulent, such person shall pay a 6

penalty equal to the greater of— 7

‘‘(1) $250, or 8

‘‘(2) 110 percent of the premium assistance 9

provided under section 9501(a)(1)(A) of the Amer-10

ican Rescue Plan Act of 2021 after termination of 11

eligibility under such section. 12

‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 13

shall be imposed under this section with respect to any 14

failure if it is shown that such failure is due to reasonable 15

cause and not to willful neglect.’’. 16


sections of part I of subchapter B of chapter 68 18

of such Code is amended by adding at the end 19

the following new item: 20

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility

for continuation coverage premium assistance.’’.

(3) COORDINATION WITH HCTC.— 21


Internal Revenue Code of 1986 is amended to 23

read as follows: 24

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•HR 1319 EH

‘‘(9) CONTINUATION COVERAGE PREMIUM AS-1

SISTANCE.—In the case of an assistance eligible in-2

dividual who receives premium assistance for con-3

tinuation coverage under section 9501(a)(1) of the 4

American Rescue Plan Act of 2021 for any month 5

during the taxable year, such individual shall not be 6

treated as an eligible individual, a certified indi-7

vidual, or a qualifying family member for purposes 8

of this section or section 7527 with respect to such 9

month.’’. 10


made by subparagraph (A) shall apply to tax-12

able years ending after the date of the enact-13

ment of this Act. 14

(4) EXCLUSION OF CONTINUATION COVERAGE 15

PREMIUM ASSISTANCE FROM GROSS INCOME.— 16

(A) IN GENERAL.—Part III of subchapter 17

B of chapter 1 of the Internal Revenue Code of 18

1986 is amended by inserting after section 19

139H the following new section: 20

‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST-21

ANCE. 22

‘‘In the case of an assistance eligible individual (as 23

defined in subsection (a)(3) of section 9501 of the Amer-24

ican Rescue Plan Act of 2021), gross income does not in-25

441

•HR 1319 EH

clude any premium assistance provided under subsection 1

(a)(1) of such section.’’. 2


sections for part III of subchapter B of chapter 4

1 of such Code is amended by inserting after 5

the item relating to section 139H the following 6

new item: 7

‘‘Sec. 139I. Continuation coverage premium assistance.’’.


made by this paragraph shall apply to taxable 9

years ending after the date of the enactment of 10

this Act. 11

Subtitle G—Promoting Economic 12

Security 13

PART 1—2021 RECOVERY REBATES TO 14

INDIVIDUALS 15

SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 16

(a) IN GENERAL.—Subchapter B of chapter 65 of the 17

Internal Revenue Code of 1986 is amended by inserting 18

after section 6428A the following new section: 19

‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 20

‘‘(a) IN GENERAL.—In the case of an eligible indi-21

vidual, there shall be allowed as a credit against the tax 22

imposed by subtitle A for the first taxable year beginning 23

in 2021 an amount equal to the 2021 rebate amount de-24

termined for such taxable year. 25

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•HR 1319 EH

‘‘(b) 2021 REBATE AMOUNT.—For purposes of this 1

section, the term ‘2021 rebate amount’ means, with re-2

spect to any taxpayer for any taxable year, the sum of— 3

‘‘(1) $1,400 ($2,800 in the case of a joint re-4

turn), plus 5

‘‘(2) $1,400 multiplied by the number of de-6

pendents of the taxpayer for such taxable year. 7

‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this 8

section, the term ‘eligible individual’ means any individual 9

other than— 10

‘‘(1) any nonresident alien individual, 11

‘‘(2) any individual who is a dependent of an-12

other taxpayer for a taxable year beginning in the 13

calendar year in which the individual’s taxable year 14

begins, and 15

‘‘(3) an estate or trust. 16

‘‘(d) LIMITATION BASED ON ADJUSTED GROSS IN-17

COME.— 18

‘‘(1) IN GENERAL.—The amount of the credit 19

allowed by subsection (a) (determined without re-20

gard to this subsection and subsection (f)) shall be 21

reduced (but not below zero) by the amount which 22

bears the same ratio to such credit (as so deter-23

mined) as— 24

‘‘(A) the excess of— 25

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•HR 1319 EH

‘‘(i) the taxpayer’s adjusted gross in-1

come for such taxable year, over 2

‘‘(ii) $75,000, bears to 3

‘‘(B) $25,000. 4

‘‘(2) SPECIAL RULES.— 5

‘‘(A) JOINT RETURN OR SURVIVING 6

SPOUSE.—In the case of a joint return or a sur-7

viving spouse (as defined in section 2(a)), para-8

graph (1) shall be applied by substituting 9

‘$150,000’ for ‘$75,000’ and ‘$50,000’ for 10

‘$25,000’. 11

‘‘(B) HEAD OF HOUSEHOLD.—In the case 12

of a head of household (as defined in section 13

2(b)), paragraph (1) shall be applied by sub-14

stituting ‘$112,500’ for ‘$75,000’ and 15

‘$37,500’ for ‘$25,000’. 16

‘‘(e) DEFINITIONS AND SPECIAL RULES.— 17

‘‘(1) DEPENDENT DEFINED.—For purposes of 18

this section, the term ‘dependent’ has the meaning 19

given such term by section 152. 20

‘‘(2) IDENTIFICATION NUMBER REQUIRE-21

MENT.— 22

‘‘(A) IN GENERAL.—In the case of a re-23

turn other than a joint return, the $1,400 24

amount in subsection (b)(1) shall be treated as 25

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•HR 1319 EH

being zero unless the taxpayer includes the 1

valid identification number of the taxpayer on 2

the return of tax for the taxable year. 3

‘‘(B) JOINT RETURNS.—In the case of a 4

joint return, the $2,800 amount in subsection 5

(b)(1) shall be treated as being— 6

‘‘(i) $1,400 if the valid identification 7

number of only 1 spouse is included on the 8

return of tax for the taxable year, and 9

‘‘(ii) zero if the valid identification 10

number of neither spouse is so included. 11

‘‘(C) DEPENDENTS.—A dependent shall 12

not be taken into account under subsection 13

(b)(2) unless the valid identification number of 14

such dependent is included on the return of tax 15

for the taxable year. 16

‘‘(D) VALID IDENTIFICATION NUMBER.— 17

‘‘(i) IN GENERAL.—For purposes of 18

this paragraph, the term ‘valid identifica-19

tion number’ means a social security num-20

ber issued to an individual by the Social 21

Security Administration on or before the 22

due date for filing the return for the tax-23

able year. 24

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•HR 1319 EH

‘‘(ii) ADOPTION TAXPAYER IDENTI-1

FICATION NUMBER.—For purposes of sub-2

paragraph (C), in the case of a dependent 3

who is adopted or placed for adoption, the 4

term ‘valid identification number’ shall in-5

clude the adoption taxpayer identification 6

number of such dependent. 7

‘‘(E) SPECIAL RULE FOR MEMBERS OF 8

THE ARMED FORCES.—Subparagraph (B) shall 9

not apply in the case where at least 1 spouse 10

was a member of the Armed Forces of the 11

United States at any time during the taxable 12

year and the valid identification number of at 13

least 1 spouse is included on the return of tax 14

for the taxable year. 15

‘‘(F) COORDINATION WITH CERTAIN AD-16

VANCE PAYMENTS.—In the case of any payment 17

determined pursuant to subsection (g)(6), a 18

valid identification number shall be treated for 19

purposes of this paragraph as included on the 20

taxpayer’s return of tax if such valid identifica-21

tion number is available to the Secretary as de-22

scribed in such subsection. 23

‘‘(G) MATHEMATICAL OR CLERICAL ERROR 24

AUTHORITY.—Any omission of a correct valid 25

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•HR 1319 EH

identification number required under this para-1

graph shall be treated as a mathematical or 2

clerical error for purposes of applying section 3

6213(g)(2) to such omission. 4

‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 5

credit allowed by subsection (a) shall be treated as 6

allowed by subpart C of part IV of subchapter A of 7

chapter 1. 8

‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 9

CREDIT.— 10

‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— 11

The amount of the credit which would (but for this 12

paragraph) be allowable under subsection (a) shall 13

be reduced (but not below zero) by the aggregate re-14

funds and credits made or allowed to the taxpayer 15

(or, except as otherwise provided by the Secretary, 16

any dependent of the taxpayer) under subsection (g). 17

Any failure to so reduce the credit shall be treated 18

as arising out of a mathematical or clerical error 19

and assessed according to section 6213(b)(1). 20

‘‘(2) JOINT RETURNS.—Except as otherwise 21

provided by the Secretary, in the case of a refund 22

or credit made or allowed under subsection (g) with 23

respect to a joint return, half of such refund or cred-24

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•HR 1319 EH

it shall be treated as having been made or allowed 1

to each individual filing such return. 2

‘‘(g) ADVANCE REFUNDS AND CREDITS.— 3

‘‘(1) IN GENERAL.—Subject to paragraphs (5) 4

and (6), each individual who was an eligible indi-5

vidual for such individual’s first taxable year begin-6

ning in 2019 shall be treated as having made a pay-7

ment against the tax imposed by chapter 1 for such 8

taxable year in an amount equal to the advance re-9

fund amount for such taxable year. 10

‘‘(2) ADVANCE REFUND AMOUNT.— 11

‘‘(A) IN GENERAL.—For purposes of para-12

graph (1), the advance refund amount is the 13

amount that would have been allowed as a cred-14

it under this section for such taxable year if 15

this section (other than subsection (f) and this 16

subsection) had applied to such taxable year. 17

‘‘(B) TREATMENT OF DECEASED INDIVID-18

UALS.—For purposes of determining the ad-19

vance refund amount with respect to such tax-20

able year— 21

‘‘(i) any individual who was deceased 22

before January 1, 2021, shall be treated 23

for purposes of applying subsection (e)(2) 24

in the same manner as if the valid identi-25

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•HR 1319 EH

fication number of such person was not in-1

cluded on the return of tax for such tax-2

able year (except that subparagraph (E) 3

thereof shall not apply), 4

‘‘(ii) notwithstanding clause (i), in the 5

case of a joint return with respect to which 6

only 1 spouse is deceased before January 7

1, 2021, such deceased spouse was a mem-8

ber of the Armed Forces of the United 9

States at any time during the taxable year, 10

and the valid identification number of such 11

deceased spouse is included on the return 12

of tax for the taxable year, the valid identi-13

fication number of 1 (and only 1) spouse 14

shall be treated as included on the return 15

of tax for the taxable year for purposes of 16

applying subsection (e)(2)(B) with respect 17

to such joint return, and 18

‘‘(iii) no amount shall be determined 19

under subsection (e)(2) with respect to any 20

dependent of the taxpayer if the taxpayer 21

(both spouses in the case of a joint return) 22

was deceased before January 1, 2021. 23

‘‘(3) TIMING AND MANNER OF PAYMENTS.— 24

The Secretary shall, subject to the provisions of this 25

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•HR 1319 EH

title and consistent with rules similar to the rules of 1

subparagraphs (B) and (C) of section 6428A(f)(3), 2

refund or credit any overpayment attributable to this 3

subsection as rapidly as possible, consistent with a 4

rapid effort to make payments attributable to such 5

overpayments electronically if appropriate. No re-6

fund or credit shall be made or allowed under this 7

subsection after December 31, 2021. 8

‘‘(4) NO INTEREST.—No interest shall be al-9

lowed on any overpayment attributable to this sub-10

section. 11

‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE 12

FILED A RETURN OF TAX FOR 2020.— 13

‘‘(A) APPLICATION TO 2020 RETURNS 14

FILED AT TIME OF INITIAL DETERMINATION.— 15

If, at the time of any determination made pur-16

suant to paragraph (3), the individual referred 17

to in paragraph (1) has filed a return of tax for 18

the individual’s first taxable year beginning in 19

2020, paragraph (1) shall be applied with re-20

spect to such individual by substituting ‘2020’ 21

for ‘2019’. 22

‘‘(B) ADDITIONAL PAYMENT.— 23

‘‘(i) IN GENERAL.—In the case of any 24

individual who files, before the additional 25

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•HR 1319 EH

payment determination date, a return of 1

tax for such individual’s first taxable year 2

beginning in 2020, the Secretary shall 3

make a payment (in addition to any pay-4

ment made under paragraph (1)) to such 5

individual equal to the excess (if any) of— 6

‘‘(I) the amount which would be 7

determined under paragraph (1) 8

(after the application of subparagraph 9

(A)) by applying paragraph (1) as of 10

the additional payment determination 11

date, over 12

‘‘(II) the amount of any payment 13

made with respect to such individual 14

under paragraph (1). 15

‘‘(ii) ADDITIONAL PAYMENT DETER-16

MINATION DATE.—The term ‘additional 17

payment determination date’ means the 18

earlier of— 19

‘‘(I) the date which is 90 days 20

after the 2020 calendar year filing 21

deadline, or 22

‘‘(II) September 1, 2021. 23

‘‘(iii) 2020 CALENDAR YEAR FILING 24

DEADLINE.—The term ‘2020 calendar year 25

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•HR 1319 EH

filing deadline’ means the date specified in 1

section 6072(a) with respect to returns for 2

calendar year 2020. Such date shall be de-3

termined after taking into account any pe-4

riod disregarded under section 7508A if 5

such disregard applies to substantially all 6

returns for calendar year 2020 to which 7

section 6072(a) applies. 8

‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS 9

WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 10

OR 2020 AT TIME OF DETERMINATION.—In the case 11

of any individual who, at the time of any determina-12

tion made pursuant to paragraph (3), has filed a tax 13

return for neither the year described in paragraph 14

(1) nor for the year described in paragraph (5)(A), 15

the Secretary shall, consistent with rules similar to 16

the rules of section 6428A(f)(5)(H)(i), apply para-17

graph (1) on the basis of information available to 18

the Secretary and shall, on the basis of such infor-19

mation, determine the advance refund amount with 20

respect to such individual without regard to sub-21

section (d) unless the Secretary has reason to know 22

that such amount would otherwise be reduced by 23

reason of such subsection. 24

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•HR 1319 EH

‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL-1

ING RETURN.—Solely for purposes of this sub-2

section, a return of tax shall not be treated as filed 3

until such return has been processed by the Internal 4

Revenue Service. 5

‘‘(8) RESTRICTION ON USE OF CERTAIN PRE-6

VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 7

made by the Secretary to individuals under this sec-8

tion shall not be in the form of an increase in the 9

balance of any previously issued prepaid debit card 10

if, as of the time of the issuance of such card, such 11

card was issued solely for purposes of making pay-12

ments under section 6428 or 6428A. 13

‘‘(h) REGULATIONS.—The Secretary shall prescribe 14

such regulations or other guidance as may be necessary 15

or appropriate to carry out the purposes of this section, 16

including— 17

‘‘(1) regulations or other guidance providing 18

taxpayers the opportunity to provide the Secretary 19

information sufficient to allow the Secretary to make 20

payments to such taxpayers under subsection (g) 21

(including the determination of the amount of such 22

payment) if such information is not otherwise avail-23

able to the Secretary, and 24

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‘‘(2) regulations or other guidance to ensure to 1

the maximum extent administratively practicable 2

that, in determining the amount of any credit under 3

subsection (a) and any credit or refund under sub-4

section (g), an individual is not taken into account 5

more than once, including by different taxpayers and 6

including by reason of a change in joint return sta-7

tus or dependent status between the taxable year for 8

which an advance refund amount is determined and 9

the taxable year for which a credit under subsection 10

(a) is determined. 11

‘‘(i) OUTREACH.—The Secretary shall carry out a ro-12

bust and comprehensive outreach program to ensure that 13

all taxpayers described in subsection (h)(1) learn of their 14

eligibility for the advance refunds and credits under sub-15

section (g); are advised of the opportunity to receive such 16

advance refunds and credits as provided under subsection 17

(h)(1); and are provided assistance in applying for such 18

advance refunds and credits.’’. 19

(b) TREATMENT OF CERTAIN POSSESSIONS.— 20

(1) PAYMENTS TO POSSESSIONS WITH MIRROR 21

CODE TAX SYSTEMS.—The Secretary of the Treas-22

ury shall pay to each possession of the United States 23

which has a mirror code tax system amounts equal 24

to the loss (if any) to that possession by reason of 25

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the amendments made by this section. Such 1

amounts shall be determined by the Secretary of the 2

Treasury based on information provided by the gov-3

ernment of the respective possession. 4

(2) PAYMENTS TO OTHER POSSESSIONS.—The 5

Secretary of the Treasury shall pay to each posses-6

sion of the United States which does not have a mir-7

ror code tax system amounts estimated by the Sec-8

retary of the Treasury as being equal to the aggre-9

gate benefits (if any) that would have been provided 10

to residents of such possession by reason of the 11

amendments made by this section if a mirror code 12

tax system had been in effect in such possession. 13

The preceding sentence shall not apply unless the re-14

spective possession has a plan, which has been ap-15

proved by the Secretary of the Treasury, under 16

which such possession will promptly distribute such 17

payments to its residents. 18

(3) INCLUSION OF ADMINISTRATIVE EX-19

PENSES.—The Secretary of the Treasury shall pay 20

to each possession of the United States to which the 21

Secretary makes a payment under paragraph (1) or 22

(2) an amount equal to the lesser of— 23

(A) the increase (if any) of the administra-24

tive expenses of such possession— 25

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(i) in the case of a possession de-1

scribed in paragraph (1), by reason of the 2

amendments made by this section, and 3

(ii) in the case of a possession de-4

scribed in paragraph (2), by reason of car-5

rying out the plan described in such para-6

graph, or 7

(B) $500,000 ($10,000,000 in the case of 8

Puerto Rico). 9

The amount described in subparagraph (A) shall be 10

determined by the Secretary of the Treasury based 11

on information provided by the government of the 12

respective possession. 13

(4) COORDINATION WITH CREDIT ALLOWED 14

AGAINST UNITED STATES INCOME TAXES.—No cred-15

it shall be allowed against United States income 16

taxes under section 6428B of the Internal Revenue 17

Code of 1986 (as added by this section), nor shall 18

any credit or refund be made or allowed under sub-19

section (g) of such section, to any person— 20

(A) to whom a credit is allowed against 21

taxes imposed by the possession by reason of 22

the amendments made by this section, or 23

(B) who is eligible for a payment under a 24

plan described in paragraph (2). 25

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(5) MIRROR CODE TAX SYSTEM.—For purposes 1

of this subsection, the term ‘‘mirror code tax sys-2

tem’’ means, with respect to any possession of the 3

United States, the income tax system of such posses-4

sion if the income tax liability of the residents of 5

such possession under such system is determined by 6

reference to the income tax laws of the United 7

States as if such possession were the United States. 8

(6) TREATMENT OF PAYMENTS.—For purposes 9

of section 1324 of title 31, United States Code, the 10

payments under this subsection shall be treated in 11

the same manner as a refund due from a credit pro-12

vision referred to in subsection (b)(2) of such sec-13

tion. 14

(c) ADMINISTRATIVE PROVISIONS.— 15

(1) DEFINITION OF DEFICIENCY.—Section 16

6211(b)(4)(A) of the Internal Revenue Code of 1986 17

is amended by striking ‘‘6428, and 6428A’’ and in-18

serting ‘‘6428, 6428A, and 6428B’’. 19

(2) EXCEPTION FROM REDUCTION OR OFF-20

SET.—Any refund payable by reason of section 21

6428B(g) of the Internal Revenue Code of 1986 (as 22

added by this section), or any such refund payable 23

by reason of subsection (b) of this section, shall not 24

be— 25

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(A) subject to reduction or offset pursuant 1

to subsection (c), (d), (e), or (f) of section 6402 2


(B) reduced or offset by other assessed 4

Federal taxes that would otherwise be subject 5

to levy or collection. 6

(3) CONFORMING AMENDMENTS.— 7

(A) Paragraph (2) of section 1324(b) of 8

title 31, United States Code, is amended by in-9

serting ‘‘6428B,’’ after ‘‘6428A,’’. 10

(B) The table of sections for subchapter B 11


1986 is amended by inserting after the item re-13

lating to section 6428A the following new item: 14

‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’.

(d) APPROPRIATIONS.—Immediately upon the enact-15

ment of this Act, in addition to amounts otherwise avail-16

able, there are appropriated for fiscal year 2021, out of 17

any money in the Treasury not otherwise appropriated: 18

(1) $1,464,500,000 to remain available until 19

September 30, 2023 for necessary expenses for the 20

Internal Revenue Service for the administration of 21

the advance payments, the provision of taxpayer as-22

sistance, and the furtherance of integrated, modern-23

ized, and secure Internal Revenue Service systems, 24

of which up to $20,000,000 is available for premium 25

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pay for services related to the development of infor-1

mation technology as determined by the Commis-2

sioner of the Internal Revenue occurring between 3

January 1, 2020 and December 31, 2022, notwith-4

standing any limitations on pay otherwise imposed, 5

and all of which shall supplement and not supplant 6

any other appropriations that may be available for 7

this purpose. 8

(2) $7,000,000 to remain available until Sep-9

tember 30, 2022, for necessary expenses for the Bu-10

reau of the Fiscal Service to carry out this section 11

(and the amendments made by this section), which 12

shall supplement and not supplant any other appro-13

priations that may be available for this purpose, and 14

(3) $8,000,000 to remain available until Sep-15

tember 30, 2023, for the Treasury Inspector General 16

for Tax Administration for the purposes of over-17

seeing activities related to the administration of this 18

section (and the amendments made by this section), 19

which shall supplement and not supplant any other 20

appropriations that may be available for this pur-21

pose. 22

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PART 2—CHILD TAX CREDIT 1

SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 2

(a) IN GENERAL.—Section 24 of the Internal Rev-3

enue Code of 1986 is amended by adding at the end the 4

following new subsection: 5

‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 6

taxable year beginning after December 31, 2020, and be-7

fore January 1, 2022— 8

‘‘(1) REFUNDABLE CREDIT.—If the taxpayer 9

(in the case of a joint return, either spouse) has a 10

principal place of abode in the United States (deter-11

mined as provided in section 32) for more than one- 12

half of the taxable year or is a bona fide resident of 13

Puerto Rico (within the meaning of section 937(a)) 14

for such taxable year— 15

‘‘(A) subsection (d) shall not apply, and 16

‘‘(B) so much of the credit determined 17

under subsection (a) (after application of sub-18

paragraph (A)) as does not exceed the amount 19

of such credit which would be so determined 20

without regard to subsection (h)(4) shall be al-21

lowed under subpart C (and not allowed under 22

this subpart). 23

‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 24

AS QUALIFYING CHILDREN.—This section shall be 25

applied— 26

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‘‘(A) by substituting ‘age 18’ for ‘age 17’ 1

in subsection (c)(1), and 2

‘‘(B) by substituting ‘described in sub-3

section (c) (determined after the application of 4

subsection (i)(2)(A))’ for ‘described in sub-5

section (c)’ in subsection (h)(4)(A). 6

‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 7

not apply and subsection (a) shall be applied by sub-8

stituting ‘$3,000 ($3,600 in the case of a qualifying 9

child who has not attained age 6 as of the close of 10

the calendar year in which the taxable year of the 11

taxpayer begins)’ for ‘$1,000’. 12

‘‘(4) REDUCTION OF INCREASED CREDIT 13

AMOUNT BASED ON MODIFIED ADJUSTED GROSS IN-14

COME.— 15

‘‘(A) IN GENERAL.—The amount of the 16

credit allowable under subsection (a) (deter-17

mined without regard to subsection (b)) shall be 18

reduced by $50 for each $1,000 (or fraction 19

thereof) by which the taxpayer’s modified ad-20

justed gross income (as defined in subsection 21

(b)) exceeds the applicable threshold amount. 22

‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 23

For purposes of this paragraph, the term ‘ap-24

plicable threshold amount’ means— 25

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‘‘(i) $150,000, in the case of a joint 1

return or surviving spouse (as defined in 2

section 2(a)), 3

‘‘(ii) $112,500, in the case of a head 4

of household (as defined in section 2(b)), 5

and 6

‘‘(iii) $75,000, in any other case. 7

‘‘(C) LIMITATION ON REDUCTION.— 8

‘‘(i) IN GENERAL.—The amount of 9

the reduction under subparagraph (A) 10

shall not exceed the lesser of— 11

‘‘(I) the applicable credit increase 12

amount, or 13

‘‘(II) 5 percent of the applicable 14

phaseout threshold range. 15

‘‘(ii) APPLICABLE CREDIT INCREASE 16

AMOUNT.—For purposes of this subpara-17

graph, the term ‘applicable credit increase 18

amount’ means the excess (if any) of— 19

‘‘(I) the amount of the credit al-20

lowable under this section for the tax-21

able year determined without regard 22

to this paragraph and subsection (b), 23

over 24

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‘‘(II) the amount of such credit 1

as so determined and without regard 2

to paragraph (3). 3

‘‘(iii) APPLICABLE PHASEOUT 4

THRESHOLD RANGE.—For purposes of this 5

subparagraph, the term ‘applicable phase-6

out threshold range’ means the excess of— 7

‘‘(I) the threshold amount appli-8

cable to the taxpayer under subsection 9

(b) (determined after the application 10

of subsection (h)(3)), over 11

‘‘(II) the applicable threshold 12

amount applicable to the taxpayer 13


‘‘(D) COORDINATION WITH LIMITATION ON 15

OVERALL CREDIT.—Subsection (b) shall be ap-16

plied by substituting ‘the credit allowable under 17

subsection (a) (determined after the application 18

of subsection (i)(4)(A)’ for ‘the credit allowable 19

under subsection (a)’.’’. 20

(b) ADVANCE PAYMENT OF CREDIT.— 21

(1) IN GENERAL.—Chapter 77 of such Code is 22

amended by inserting after section 7527 the fol-23


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‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX CREDIT. 1

‘‘(a) IN GENERAL.—The Secretary shall establish a 2

program for making periodic payments to taxpayers 3

which, in the aggregate during any calendar year, equal 4

the annual advance amount determined with respect to 5

such taxpayer for such calendar year. Except as provided 6

in subsection (b)(3)(B), the periodic payments made to 7

any taxpayer for any calendar year shall be in equal 8

amounts. 9

‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of 10

this section— 11

‘‘(1) IN GENERAL.—Except as otherwise pro-12

vided in this subsection, the term ‘annual advance 13

amount’ means, with respect to any taxpayer for any 14

calendar year, the amount (if any) which is esti-15

mated by the Secretary as being equal to 50 percent 16

of the amount which would be treated as allowed 17

under subpart C of part IV of subchapter A of chap-18

ter 1 by reason of section 24(i)(1) for the taxpayer’s 19

taxable year beginning in such calendar year if— 20

‘‘(A) the status of the taxpayer as a tax-21

payer described in section 24(i)(1) is deter-22

mined with respect to the reference taxable 23

year, 24

‘‘(B) the taxpayer’s modified adjusted 25

gross income for such taxable year is equal to 26

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the taxpayer’s modified adjusted gross income 1

for the reference taxable year, 2

‘‘(C) the only children of such taxpayer for 3

such taxable year are qualifying children prop-4

erly claimed on the taxpayer’s return of tax for 5

the reference taxable year, and 6

‘‘(D) the ages of such children (and the 7

status of such children as qualifying children) 8

are determined for such taxable year by taking 9

into account the passage of time since the ref-10

erence taxable year. 11

‘‘(2) REFERENCE TAXABLE YEAR.—Except as 12

provided in paragraph (3)(A), the term ‘reference 13

taxable year’ means, with respect to any taxpayer 14

for any calendar year, the taxpayer’s taxable year 15

beginning in the preceding calendar year or, in the 16

case of taxpayer who did not file a return of tax for 17

such taxable year, the taxpayer’s taxable year begin-18

ning in the second preceding calendar year. 19

‘‘(3) MODIFICATIONS DURING CALENDAR 20

YEAR.— 21

‘‘(A) IN GENERAL.—The Secretary may 22

modify, during any calendar year, the annual 23

advance amount with respect to any taxpayer 24

for such calendar year to take into account— 25

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‘‘(i) a return of tax filed by such tax-1

payer during such calendar year (and the 2

taxable year to which such return relates 3

may be taken into account as the reference 4

taxable year), and 5

‘‘(ii) any other information provided 6

by the taxpayer to the Secretary which al-7

lows the Secretary to determine payments 8

under subsection (a) which, in the aggre-9

gate during any taxable year of the tax-10

payer, more closely total the Secretary’s 11

estimate of the amount treated as allowed 12

under subpart C of part IV of subchapter 13

A of chapter 1 by reason of section 14

24(i)(1) for such taxable year of such tax-15

payer. 16

‘‘(B) ADJUSTMENT TO REFLECT EXCESS 17

OR DEFICIT IN PRIOR PAYMENTS.—In the case 18

of any modification of the annual advance 19

amount under subparagraph (A), the Secretary 20

may adjust the amount of any periodic payment 21

made after the date of such modification to 22

properly take into account the amount by which 23

any periodic payment made before such date 24

was greater than or less than the amount that 25

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•HR 1319 EH

such payment would have been on the basis of 1

the annual advance amount as so modified. 2

‘‘(4) DETERMINATION OF STATUS.—If informa-3

tion contained in the taxpayer’s return of tax for the 4

reference taxable year does not establish the status 5

of the taxpayer as being described in section 6

24(i)(1), the Secretary shall, for purposes of para-7

graph (1)(A), determine such status based on infor-8

mation known to the Secretary. 9

‘‘(5) TREATMENT OF CERTAIN DEATHS.—A 10

child shall not be taken into account in determining 11

the annual advance amount under paragraph (1) if 12

the death of such child is known to the Secretary as 13

of the beginning of the calendar year for which the 14

estimate under such paragraph is made. 15

‘‘(c) ON-LINE INFORMATION PORTAL.—The Sec-16

retary shall establish an on-line portal which allows tax-17

payers to— 18

‘‘(1) elect not to receive payments under this 19

section, and 20

‘‘(2) provide information to the Secretary which 21

would be relevant to a modification under subsection 22

(b)(3)(B) of the annual advance amount, including 23

information regarding— 24

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‘‘(A) a change in the number of the tax-1

payer’s qualifying children, including by reason 2

of the birth of a child, 3

‘‘(B) a change in the taxpayer’s marital 4

status, 5

‘‘(C) a significant change in the taxpayer’s 6

income, and 7

‘‘(D) any other factor which the Secretary 8

may provide. 9

‘‘(d) NOTICE OF PAYMENTS.—Not later than Janu-10

ary 31 of the calendar year following any calendar year 11

during which the Secretary makes one or more payments 12

to any taxpayer under this section, the Secretary shall pro-13

vide such taxpayer with a written notice which includes 14

the taxpayer’s taxpayer identity (as defined in section 15

6103(b)(6)), the aggregate amount of such payments 16

made to such taxpayer during such calendar year, and 17

such other information as the Secretary determines appro-18

priate. 19

‘‘(e) ADMINISTRATIVE PROVISIONS.— 20

‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY-21

MENT REQUIREMENT.—The payments made by the 22

Secretary under subsection (a) shall be made by 23

electronic funds transfer to the same extent and in 24

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•HR 1319 EH

the same manner as if such payments were Federal 1

payments not made under this title. 2

‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 3

similar to the rules of subparagraphs (B) and (C) of 4

section 6428A(f)(3) shall apply for purposes of this 5

section. 6

‘‘(3) EXCEPTION FROM REDUCTION OR OFF-7

SET.—Any payment made to any individual under 8

this section shall not be— 9

‘‘(A) subject to reduction or offset pursu-10

ant to subsection (c), (d), (e), or (f) of section 11

6402, or 12

‘‘(B) reduced or offset by other assessed 13

Federal taxes that would otherwise be subject 14

to levy or collection. 15

‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN 16

THE POSSESSIONS OF THE UNITED STATES.— 17

‘‘(A) IN GENERAL.—The advance payment 18

amount determined under this section shall be 19

determined— 20

‘‘(i) by applying section 24(i)(1) with-21

out regard to the phrase ‘or is a bona fide 22

resident of Puerto Rico (within the mean-23

ing of section 937(a))’, and 24

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‘‘(ii) without regard to section 1

24(k)(3)(C)(ii)(I). 2

‘‘(B) MIRROR CODE POSSESSIONS.—In the 3

case of any possession of the United States with 4

a mirror code tax system (as defined in section 5

24(k)), this section shall not be treated as part 6

of the income tax laws of the United States for 7

purposes of determining the income tax law of 8

such possession unless such possession elects to 9

have this section be so treated. 10

‘‘(C) ADMINISTRATIVE EXPENSES OF AD-11

VANCE PAYMENTS.— 12

‘‘(i) MIRROR CODE POSSESSIONS.—In 13

the case of any possession described in 14

subparagraph (B) which makes the elec-15

tion described in such subparagraph, the 16

amount otherwise paid by the Secretary to 17

such possession under section 24(k)(1)(A) 18

with respect to taxable years beginning in 19

2021 shall be increased by $300,000 if 20

such possession has a plan, which has been 21

approved by the Secretary, for making ad-22

vance payments consistent with such elec-23

tion. 24

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•HR 1319 EH

‘‘(ii) AMERICAN SAMOA.—The amount 1

otherwise paid by the Secretary to Amer-2

ican Samoa under subparagraph (A) of 3

section 24(k)(3) with respect to taxable 4

years beginning in 2021 shall be increased 5

by $300,000 if the plan described in sub-6

paragraph (B) of such section includes a 7

program, which has been approved by the 8

Secretary, for making advance payments 9

under rules similar to the rules of this sec-10

tion. 11

‘‘(iii) TIMING OF PAYMENT.—The 12

Secretary may pay, upon the request of the 13

possession of the United States to which 14

the payment is to be made, the amount of 15

the increase determined under clause (i) or 16

(ii) immediately upon approval of the plan 17

referred to in such clause, respectively. 18

‘‘(f) APPLICATION.—No payments shall be made 19

under the program established under subsection (a) with 20

respect to— 21

‘‘(1) any period before July 1, 2021, or 22

‘‘(2) any period after December 31, 2021. 23


regulations or other guidance as the Secretary determines 25

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•HR 1319 EH

necessary or appropriate to carry out the purposes of this 1

section and subsections (i)(1) and (j) of section 24, includ-2

ing regulations or other guidance which provides for the 3

application of such provisions where the filing status of 4

the taxpayer for a taxable year is different from the status 5

used for determining the annual advance amount.’’. 6

(2) RECONCILIATION OF CREDIT AND ADVANCE 7

CREDIT.—Section 24 of such Code, as amended by 8

the preceding provision of this Act, is amended by 9

adding at the end the following new subsection: 10

‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE 11

CREDIT.— 12


allowed under this section to any taxpayer for any 14

taxable year shall be reduced (but not below zero) by 15

the aggregate amount of payments made under sec-16

tion 7527A to such taxpayer during such taxable 17

year. Any failure to so reduce the credit shall be 18

treated as arising out of a mathematical or clerical 19

error and assessed according to section 6213(b)(1). 20

‘‘(2) EXCESS ADVANCE PAYMENTS.— 21

‘‘(A) IN GENERAL.—If the aggregate 22

amount of payments under section 7527A to 23

the taxpayer during the taxable year exceeds 24

the amount of the credit allowed under this sec-25

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•HR 1319 EH

tion to such taxpayer for such taxable year (de-1

termined without regard to paragraph (1)), the 2

tax imposed by this chapter for such taxable 3

year shall be increased by the amount of such 4

excess. Any failure to so increase the tax shall 5

be treated as arising out of a mathematical or 6

clerical error and assessed according to section 7

6213(b)(1). 8

‘‘(B) SAFE HARBOR BASED ON MODIFIED 9

ADJUSTED GROSS INCOME.— 10

‘‘(i) IN GENERAL.—In the case of a 11

taxpayer whose modified adjusted gross in-12

come (as defined in subsection (b)) for the 13

taxable year does not exceed 200 percent 14

of the applicable income threshold, the 15

amount of the increase determined under 16

subparagraph (A) with respect to such tax-17

payer for such taxable year shall be re-18

duced (but not below zero) by the safe har-19

bor amount. 20

‘‘(ii) PHASE OUT OF SAFE HARBOR 21

AMOUNT.—In the case of a taxpayer whose 22

modified adjusted gross income (as defined 23

in subsection (b)) for the taxable year ex-24

ceeds the applicable income threshold, the 25

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•HR 1319 EH

safe harbor amount otherwise in effect 1

under clause (i) shall be reduced by the 2

amount which bears the same ratio to such 3

amount as such excess bears to the appli-4

cable income threshold. 5

‘‘(iii) APPLICABLE INCOME THRESH-6

OLD.—For purposes of this subparagraph, 7

the term ‘applicable income threshold’ 8

means— 9

‘‘(I) $60,000 in the case of a 10

joint return or surviving spouse (as 11

defined in section 2(a)), 12

‘‘(II) $50,000 in the case of a 13

head of household, and 14

‘‘(III) $40,000 in any other case. 15

‘‘(iv) SAFE HARBOR AMOUNT.—For 16

purposes of this subparagraph, the term 17

‘safe harbor amount’ means, with respect 18

to any taxable year, the product of— 19

‘‘(I) $2,000, multiplied by 20

‘‘(II) the excess (if any) of the 21

number of qualified children taken 22

into account in determining the an-23

nual advance amount with respect to 24

the taxpayer under section 7527A 25

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•HR 1319 EH

with respect to months beginning in 1

such taxable year, over the number of 2

qualified children taken into account 3

in determining the credit allowed 4

under this section for such taxable 5

year.’’. 6

(3) COORDINATION WITH WAGE WITH-7

HOLDING.—Section 3402(f)(1)(C) of such Code is 8

amended by striking ‘‘section 24(a)’’ and inserting 9

‘‘section 24 (determined after application of sub-10

section (j) thereof)’’. 11


(A) Section 26(b)(2) of such Code is 13

amended by striking ‘‘and’’ at the end of sub-14

paragraph (X), by striking the period at the 15

end of subparagraph (Y) and inserting ‘‘, and’’, 16

and by adding at the end the following new sub-17

paragraph: 18

‘‘(Z) section 24(j)(2) (relating to excess 19

advance payments).’’. 20

(B) Section 6211(b)(4)(A) of such Code, 21

as amended by the preceding provisions of this 22

subtitle, is amended— 23

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•HR 1319 EH

(i) by striking ‘‘24(d)’’ and inserting 1

‘‘24 by reason of subsections (d) and (i)(1) 2

thereof’’, and 3

(ii) by striking ‘‘and 6428B’’ and in-4

serting ‘‘6428B, and 7527A’’. 5

(C) Paragraph (2) of section 1324(b) of 6

title 31, United States Code, is amended— 7

(i) by inserting ‘‘24,’’ before ‘‘25A’’, 8

and 9

(ii) by striking ‘‘ or 6431’’ and insert-10

ing ‘‘6431, or 7527A’’. 11

(D) The table of sections for chapter 77 of 12

the Internal Revenue Code of 1986 is amended 13

by inserting after the item relating to section 14

7527 the following new item: 15

‘‘Sec. 7527A. Advance payment of child tax credit.’’.

(5) APPROPRIATIONS TO CARRY OUT ADVANCE 16

PAYMENTS.—Immediately upon the enactment of 17

this Act, in addition to amounts otherwise available, 18

there are appropriated for fiscal year 2021, out of 19

any money in the Treasury not otherwise appro-20

priated: 21

(A) $397,200,000 to remain available until 22

September 30, 2022, for necessary expenses for 23

the Internal Revenue Service to carry out this 24

section (and the amendments made by this sec-25

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•HR 1319 EH

tion), which shall supplement and not supplant 1

any other appropriations that may be available 2

for this purpose, and 3

(B) $16,200,000 to remain available until 4

September 30, 2022, for necessary expenses for 5

the Bureau of the Fiscal Service to carry out 6

this section (and the amendments made by this 7

section), which shall supplement and not sup-8

plant any other appropriations that may be 9

available for this purpose. 10

(c) EFFECTIVE DATE.— 11

(1) IN GENERAL.—The amendments made by 12

this section shall apply to taxable years beginning 13

after December 31, 2020. 14

(2) ESTABLISHMENT OF ADVANCE PAYMENT 15

PROGRAM.—The Secretary of the Treasury (or the 16

Secretary’s designee) shall establish the program de-17

scribed in section 7527A of the Internal Revenue 18

Code of 1986 as soon as practicable after the date 19

of the enactment of this Act, except that the Sec-20

retary shall ensure that the timing of the establish-21

ment of such program does not interfere with car-22

rying out section 6428B(g) as rapidly as possible. 23

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SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES-1

SIONS. 2


enue Code of 1986, as amended by the preceding provi-4

sions of this Act, is amended by adding at the end the 5


‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 7

‘‘(1) MIRROR CODE POSSESSIONS.— 8


pay to each possession of the United States 10

with a mirror code tax system amounts equal to 11

the loss (if any) to that possession by reason of 12

the application of this section (determined with-13

out regard to this subsection) with respect to 14

taxable years beginning after 2020. Such 15

amounts shall be determined by the Secretary 16

based on information provided by the govern-17

ment of the respective possession. 18

‘‘(B) COORDINATION WITH CREDIT AL-19

LOWED AGAINST UNITED STATES INCOME 20

TAXES.—No credit shall be allowed under this 21

section for any taxable year to any individual to 22

whom a credit is allowable against taxes im-23

posed by a possession of the United States with 24

a mirror code tax system by reason of the appli-25

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•HR 1319 EH

cation of this section in such possession for 1

such taxable year. 2

‘‘(C) MIRROR CODE TAX SYSTEM.—For 3

purposes of this paragraph, the term ‘mirror 4

code tax system’ means, with respect to any 5

possession of the United States, the income tax 6

system of such possession if the income tax li-7

ability of the residents of such possession under 8

such system is determined by reference to the 9

income tax laws of the United States as if such 10

possession were the United States. 11

‘‘(2) PUERTO RICO.— 12

‘‘(A) APPLICATION TO TAXABLE YEARS IN 13

2021.— 14

‘‘(i) For application of refundable 15

credit to residents of Puerto Rico, see sub-16

section (i)(1). 17

‘‘(ii) For nonapplication of advance 18

payment to residents of Puerto Rico, see 19

section 7527A(e)(5)(A). 20

‘‘(B) APPLICATION TO TAXABLE YEARS 21

AFTER 2021.—In the case of any bona fide resi-22

dent of Puerto Rico (within the meaning of sec-23

tion 937(a)) for any taxable year beginning 24

after December 31, 2021— 25

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•HR 1319 EH

‘‘(i) the credit determined under this 1

section shall be allowable to such resident, 2

and 3

‘‘(ii) subsection (d)(1)(B)(ii) shall be 4

applied without regard to the phrase ‘in 5

the case of a taxpayer with 3 or more 6

qualifying children’. 7

‘‘(3) AMERICAN SAMOA.— 8


pay to American Samoa amounts estimated by 10

the Secretary as being equal to the aggregate 11

benefits that would have been provided to resi-12

dents of American Samoa by reason of the ap-13

plication of this section for taxable years begin-14

ning after 2020 if the provisions of this section 15

had been in effect in American Samoa (applied 16

as if American Samoa were the United States 17

and without regard to the application of this 18

section to bona fide residents of Puerto Rico 19

under subsection (i)(1)). 20

‘‘(B) DISTRIBUTION REQUIREMENT.—Sub-21

paragraph (A) shall not apply unless American 22

Samoa has a plan, which has been approved by 23

the Secretary, under which American Samoa 24

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•HR 1319 EH

will promptly distribute such payments to its 1

residents. 2

‘‘(C) COORDINATION WITH CREDIT AL-3

LOWED AGAINST UNITED STATES INCOME 4

TAXES.— 5

‘‘(i) IN GENERAL.—In the case of a 6

taxable year with respect to which a plan 7

is approved under subparagraph (B), this 8

section (other than this subsection) shall 9

not apply to any individual eligible for a 10

distribution under such plan. 11

‘‘(ii) APPLICATION OF SECTION IN 12

EVENT OF ABSENCE OF APPROVED 13

PLAN.—In the case of a taxable year with 14

respect to which a plan is not approved 15

under subparagraph (B)— 16

‘‘(I) if such taxable year begins 17

in 2021, subsection (i)(1) shall be ap-18

plied by substituting ‘bona fide resi-19

dent of Puerto Rico or American 20

Samoa’ for ‘bona fide resident of 21

Puerto Rico’, and 22

‘‘(II) if such taxable year begins 23

after December 31, 2021, rules simi-24

lar to the rules of paragraph (2)(B) 25

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•HR 1319 EH

shall apply with respect to bona fide 1

residents of American Samoa (within 2

the meaning of section 937(a)). 3

‘‘(4) TREATMENT OF PAYMENTS.—For pur-4

poses of section 1324 of title 31, United States 5

Code, the payments under this subsection shall be 6

treated in the same manner as a refund due from 7

a credit provision referred to in subsection (b)(2) of 8

such section.’’. 9


this section shall apply to taxable years beginning after 11

December 31, 2020. 12

PART 3—EARNED INCOME TAX CREDIT 13

SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 14

CREDIT FOR INDIVIDUALS WITH NO QUALI-15

FYING CHILDREN. 16

(a) SPECIAL RULES FOR 2021.—Section 32 of the 17

Internal Revenue Code of 1986 is amended by adding at 18

the end the following new subsection: 19

‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 20

QUALIFYING CHILDREN.—In the case of any taxable year 21

beginning after December 31, 2020, and before January 22

1, 2022— 23

‘‘(1) DECREASE IN MINIMUM AGE FOR CRED-24

IT.— 25

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•HR 1319 EH

‘‘(A) IN GENERAL.—Subsection 1

(c)(1)(A)(ii)(II) shall be applied by substituting 2

‘the applicable minimum age’ for ‘age 25’. 3

‘‘(B) APPLICABLE MINIMUM AGE.—For 4

purposes of this paragraph, the term ‘applicable 5

minimum age’ means— 6

‘‘(i) except as otherwise provided in 7

this subparagraph, age 19, 8

‘‘(ii) in the case of a specified student 9

(other than a qualified former foster youth 10

or a qualified homeless youth), age 24, and 11

‘‘(iii) in the case of a qualified former 12

foster youth or a qualified homeless youth, 13

age 18. 14

‘‘(C) SPECIFIED STUDENT.—For purposes 15

of this paragraph, the term ‘specified student’ 16

means, with respect to any taxable year, an in-17

dividual who is an eligible student (as defined 18

in section 25A(b)(3)) during at least 5 calendar 19

months during the taxable year. 20

‘‘(D) QUALIFIED FORMER FOSTER 21

YOUTH.—For purposes of this paragraph, the 22

term ‘qualified former foster youth’ means an 23

individual who— 24

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•HR 1319 EH

‘‘(i) on or after the date that such in-1

dividual attained age 14, was in foster care 2

provided under the supervision or adminis-3

tration of an entity administering (or eligi-4

ble to administer) a plan under part B or 5

part E of title IV of the Social Security 6

Act (without regard to whether Federal as-7

sistance was provided with respect to such 8

child under such part E), and 9

‘‘(ii) provides (in such manner as the 10

Secretary may provide) consent for entities 11

which administer a plan under part B or 12

part E of title IV of the Social Security 13

Act to disclose to the Secretary informa-14

tion related to the status of such individual 15

as a qualified former foster youth. 16

‘‘(E) QUALIFIED HOMELESS YOUTH.—For 17

purposes of this paragraph, the term ‘qualified 18

homeless youth’ means, with respect to any tax-19

able year, an individual who certifies, in a man-20

ner as provided by the Secretary, that such in-21

dividual is either an unaccompanied youth who 22

is a homeless child or youth, or is unaccom-23

panied, at risk of homelessness, and self-sup-24

porting. 25

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•HR 1319 EH

‘‘(2) ELIMINATION OF MAXIMUM AGE FOR 1

CREDIT.—Subsection (c)(1)(A)(ii)(II) shall be ap-2

plied without regard to the phrase ‘but not attained 3

age 65’. 4

‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-5

CENTAGES.—The table contained in subsection 6

(b)(1) shall be applied by substituting ‘15.3’ for 7

‘7.65’ each place it appears therein. 8

‘‘(4) INCREASE IN EARNED INCOME AND 9

PHASEOUT AMOUNTS.— 10

‘‘(A) IN GENERAL.—The table contained in 11

subsection (b)(2)(A) shall be applied— 12

‘‘(i) by substituting ‘$9,820’ for 13

‘$4,220’, and 14

‘‘(ii) by substituting ‘$11,610’ for 15

‘$5,280’. 16

‘‘(B) COORDINATION WITH INFLATION AD-17

JUSTMENT.—Subsection (j) shall not apply to 18

any dollar amount specified in this paragraph.’’. 19

(b) INFORMATION RETURN MATCHING.—As soon as 20

practicable, the Secretary of the Treasury (or the Sec-21

retary’s delegate) shall develop and implement procedures 22

to use information returns under section 6050S (relating 23

to returns relating to higher education tuition and related 24

expenses) to check the status of individuals as specified 25

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•HR 1319 EH

students for purposes of section 32(n)(1)(B)(ii) of the In-1

ternal Revenue Code of 1986 (as added by this section). 2

(c) EFFECTIVE DATE.—The amendment made by 3


December 31, 2020. 5

SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 6

INCOME CREDIT IN CASE OF QUALIFYING 7

CHILDREN WHO FAIL TO MEET CERTAIN 8

IDENTIFICATION REQUIREMENTS. 9

(a) IN GENERAL.—Section 32(c)(1) of the Internal 10

Revenue Code of 1986 is amended by striking subpara-11

graph (F). 12



December 31, 2020. 15

SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA-16

RATED SPOUSES. 17

(a) IN GENERAL.—Section 32(d) of the Internal Rev-18

enue Code of 1986 is amended— 19

(1) by striking ‘‘MARRIED INDIVIDUALS.—In 20

the case of’’ and inserting the following: ‘‘MARRIED 21

INDIVIDUALS.— 22

‘‘(1) IN GENERAL.—In the case of’’, and 23


paragraph: 25

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•HR 1319 EH

‘‘(2) DETERMINATION OF MARITAL STATUS.— 1

For purposes of this section— 2

‘‘(A) IN GENERAL.—Except as provided in 3

subparagraph (B), marital status shall be deter-4

mined under section 7703(a). 5

‘‘(B) SPECIAL RULE FOR SEPARATED 6

SPOUSE.—An individual shall not be treated as 7

married if such individual— 8

‘‘(i) is married (as determined under 9

section 7703(a)) and does not file a joint 10

return for the taxable year, 11

‘‘(ii) resides with a qualifying child of 12

the individual for more than one-half of 13

such taxable year, and 14

‘‘(iii)(I) during the last 6 months of 15

such taxable year, does not have the same 16

principal place of abode as the individual’s 17

spouse, or 18

‘‘(II) has a decree, instrument, or 19

agreement (other than a decree of divorce) 20

described in section 121(d)(3)(C) with re-21

spect to the individual’s spouse and is not 22

a member of the same household with the 23

individual’s spouse by the end of the tax-24

able year.’’. 25

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•HR 1319 EH

(b) CONFORMING AMENDMENTS.— 1

(1) Section 32(c)(1)(A) of such Code is amend-2

ed by striking the last sentence. 3

(2) Section 32(c)(1)(E)(ii) of such Code is 4

amended by striking ‘‘(within the meaning of section 5

7703)’’. 6

(3) Section 32(d)(1) of such Code, as amended 7

by subsection (a), is amended by striking ‘‘(within 8

the meaning of section 7703)’’. 9

(c) EFFECTIVE DATE.—The amendments made by 10


December 31, 2020. 12

SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 13

INCOME TEST. 14

(a) IN GENERAL.—Section 32(i) of the Internal Rev-15

enue Code of 1986 is amended by striking ‘‘$2,200’’ and 16

inserting ‘‘$10,000’’. 17

(b) INFLATION ADJUSTMENT.—Section 32(j)(1) of 18

such Code is amended— 19

(1) in the matter preceding subparagraph (A), 20

by inserting ‘‘(2021 in the case of the dollar amount 21

in subsection (i)(1))’’ after ‘‘2015’’, 22

(2) in subparagraph (B)(i)— 23

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•HR 1319 EH

(A) by striking ‘‘subsections (b)(2)(A) and 1

(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, 2

and 3

(B) by striking ‘‘and’’ at the end, 4

(3) by striking the period at the end of sub-5

paragraph (B)(ii) and inserting ‘‘, and’’, and 6

(4) by inserting after subparagraph (B)(ii) the 7

following new clause: 8

‘‘(iii) in the case of the $10,000 9

amount in subsection (i)(1), ‘calendar year 10

2020’ for ‘calendar year 2016’.’’. 11



December 31, 2020. 14

SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 15

IN POSSESSIONS OF THE UNITED STATES. 16

(a) IN GENERAL.—Chapter 77 of the Internal Rev-17


following new section: 19

‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 20

TO POSSESSIONS OF THE UNITED STATES. 21

‘‘(a) PUERTO RICO.— 22

‘‘(1) IN GENERAL.—With respect to calendar 23

year 2021 and each calendar year thereafter, the 24

Secretary shall, except as otherwise provided in this 25

489

•HR 1319 EH

subsection, make payments to Puerto Rico equal 1

to— 2

‘‘(A) the specified matching amount for 3

such calendar year, plus 4

‘‘(B) in the case of calendar years 2021 5

through 2025, the lesser of— 6

‘‘(i) the expenditures made by Puerto 7

Rico during such calendar year for edu-8

cation efforts with respect to individual 9

taxpayers and tax return preparers relat-10

ing to the earned income tax credit, or 11

‘‘(ii) $1,000,000. 12

‘‘(2) REQUIREMENT TO REFORM EARNED IN-13

COME TAX CREDIT.—The Secretary shall not make 14

any payments under paragraph (1) with respect to 15

any calendar year unless Puerto Rico has in effect 16

an earned income tax credit for taxable years begin-17

ning in or with such calendar year which (relative to 18

the earned income tax credit which was in effect for 19

taxable years beginning in or with calendar year 20

2019) increases the percentage of earned income 21

which is allowed as a credit for each group of indi-22

viduals with respect to which such percentage is sep-23

arately stated or determined in a manner designed 24

to substantially increase workforce participation. 25

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•HR 1319 EH

‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-1

poses of this subsection— 2

‘‘(A) IN GENERAL.—The term ‘specified 3

matching amount’ means, with respect to any 4

calendar year, the lesser of— 5

‘‘(i) the excess (if any) of— 6

‘‘(I) the cost to Puerto Rico of 7

the earned income tax credit for tax-8

able years beginning in or with such 9

calendar year, over 10

‘‘(II) the base amount for such 11

calendar year, or 12

‘‘(ii) the product of 3, multiplied by 13

the base amount for such calendar year. 14

‘‘(B) BASE AMOUNT.— 15

‘‘(i) BASE AMOUNT FOR 2021.—In the 16

case of calendar year 2021, the term ‘base 17

amount’ means the greater of— 18

‘‘(I) the cost to Puerto Rico of 19

the earned income tax credit for tax-20

able years beginning in or with cal-21

endar year 2019 (rounded to the 22

nearest multiple of $1,000,000), or 23

‘‘(II) $200,000,000. 24

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•HR 1319 EH

‘‘(ii) INFLATION ADJUSTMENT.—In 1

the case of any calendar year after 2021, 2

the term ‘base amount’ means the dollar 3

amount determined under clause (i) in-4

creased by an amount equal to— 5

‘‘(I) such dollar amount, multi-6

plied by— 7

‘‘(II) the cost-of-living adjust-8

ment determined under section 1(f)(3) 9

for such calendar year, determined by 10

substituting ‘calendar year 2020’ for 11

‘calendar year 2016’ in subparagraph 12

(A)(ii) thereof. 13

Any amount determined under this clause 14

shall be rounded to the nearest multiple of 15

$1,000,000. 16

‘‘(4) RULES RELATED TO PAYMENTS.— 17

‘‘(A) TIMING OF PAYMENTS.—The Sec-18

retary shall make payments under paragraph 19

(1) for any calendar year— 20

‘‘(i) after receipt of such information 21

as the Secretary may require to determine 22

such payments, and 23

‘‘(ii) except as provided in clause (i), 24

within a reasonable period of time before 25

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•HR 1319 EH

the due date for individual income tax re-1

turns (as determined under the laws of 2

Puerto Rico) for taxable years which began 3

on the first day of such calendar year. 4

‘‘(B) INFORMATION.—The Secretary may 5

require the reporting of such information as the 6

Secretary may require to carry out this sub-7

section. 8

‘‘(C) DETERMINATION OF COST OF 9

EARNED INCOME TAX CREDIT.—For purposes 10

of this subsection, the cost to Puerto Rico of 11

the earned income tax credit shall be deter-12

mined by the Secretary on the basis of the laws 13

of Puerto Rico and shall include reductions in 14

revenues received by Puerto Rico by reason of 15

such credit and refunds attributable to such 16

credit, but shall not include any administrative 17

costs with respect to such credit. 18

‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS-19

TEMS.— 20




subsection, make payments to the Virgin Islands, 24

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•HR 1319 EH

Guam, and the Commonwealth of the Northern Mar-1

iana Islands equal to— 2

‘‘(A) the cost to such possession of the 3

earned income tax credit for taxable years be-4

ginning in or with such calendar year, plus 5



‘‘(i) the expenditures made by such 8

possession during such calendar year for 9

education efforts with respect to individual 10


ing to such earned income tax credit, or 12

‘‘(ii) $50,000. 13


similar to the rules of subparagraphs (A), (B), and 15

(C) of subsection (a)(4) shall apply for purposes of 16

this subsection. 17

‘‘(c) AMERICAN SAMOA.— 18




subsection, make payments to American Samoa 22

equal to— 23

‘‘(A) the lesser of— 24

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•HR 1319 EH

‘‘(i) the cost to American Samoa of 1

the earned income tax credit for taxable 2

years beginning in or with such calendar 3

year, or 4

‘‘(ii) $16,000,000, plus 5



‘‘(i) the expenditures made by Amer-8

ican Samoa during such calendar year for 9

education efforts with respect to individual 10


ing to such earned income tax credit, or 12

‘‘(ii) $50,000. 13

‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN 14

AN EARNED INCOME TAX CREDIT.—The Secretary 15

shall not make any payments under paragraph (1) 16

with respect to any calendar year unless American 17

Samoa has in effect an earned income tax credit for 18

taxable years beginning in or with such calendar 19

year which allows a refundable tax credit to individ-20

uals on the basis of the taxpayer’s earned income 21

which is designed to substantially increase workforce 22

participation. 23

‘‘(3) INFLATION ADJUSTMENT.—In the case of 24

any calendar year after 2021, the $16,000,000 25

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•HR 1319 EH

amount in paragraph (1)(A)(ii) shall be increased by 1

an amount equal to— 2

‘‘(A) such dollar amount, multiplied by— 3

‘‘(B) the cost-of-living adjustment deter-4

mined under section 1(f)(3) for such calendar 5

year, determined by substituting ‘calendar year 6

2020’ for ‘calendar year 2016’ in subparagraph 7

(A)(ii) thereof. 8

Any increase determined under this clause shall be 9

rounded to the nearest multiple of $100,000. 10


similar to the rules of subparagraphs (A), (B), and 12

(C) of subsection (a)(4) shall apply for purposes of 13

this subsection. 14

‘‘(d) TREATMENT OF PAYMENTS.—For purposes of 15

section 1324 of title 31, United States Code, the payments 16

under this section shall be treated in the same manner 17

as a refund due from a credit provision referred to in sub-18

section (b)(2) of such section.’’. 19

(b) CLERICAL AMENDMENT.—The table of sections 20

for chapter 77 of the Internal Revenue Code of 1986 is 21

amended by adding at the end the following new item: 22

‘‘Sec. 7530. Application of earned income tax credit to possessions of the

United States.’’.

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•HR 1319 EH

SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 1

EARNED INCOME FOR PURPOSES OF EARNED 2

INCOME TAX CREDIT. 3

(a) IN GENERAL.—If the earned income of the tax-4

payer for the taxpayer’s first taxable year beginning in 5

2021 is less than the earned income of the taxpayer for 6

the taxpayer’s first taxable year beginning in 2019, the 7

credit allowed under section 32 of the Internal Revenue 8

Code of 1986 may, at the election of the taxpayer, be de-9

termined by substituting— 10

(1) such earned income for the taxpayer’s first 11

taxable year beginning in 2019, for 12

(2) such earned income for the taxpayer’s first 13

taxable year beginning in 2021. 14

(b) EARNED INCOME.— 15

(1) IN GENERAL.—For purposes of this section, 16

the term ‘‘earned income’’ has the meaning given 17

such term under section 32(c) of the Internal Rev-18

enue Code of 1986. 19

(2) APPLICATION TO JOINT RETURNS.—For 20

purposes of subsection (a), in the case of a joint re-21

turn, the earned income of the taxpayer for the first 22

taxable year beginning in 2019 shall be the sum of 23

the earned income of each spouse for such taxable 24

year. 25

(c) SPECIAL RULES.— 26

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•HR 1319 EH

(1) ERRORS TREATED AS MATHEMATICAL ER-1

RORS.—For purposes of section 6213 of the Internal 2

Revenue Code of 1986, an incorrect use on a return 3

of earned income pursuant to subsection (a) shall be 4

treated as a mathematical or clerical error. 5

(2) NO EFFECT ON DETERMINATION OF GROSS 6

INCOME, ETC.—Except as otherwise provided in this 7

subsection, the Internal Revenue Code of 1986 shall 8

be applied without regard to any substitution under 9

subsection (a). 10

(d) TREATMENT OF CERTAIN POSSESSIONS.— 11


CODE TAX SYSTEMS.—The Secretary of the Treas-13

ury shall pay to each possession of the United States 14

which has a mirror code tax system amounts equal 15

to the loss (if any) to that possession by reason of 16

the application of the provisions of this section 17

(other than this subsection) with respect to section 18

32 of the Internal Revenue Code of 1986. Such 19

amounts shall be determined by the Secretary of the 20

Treasury based on information provided by the gov-21



Secretary of the Treasury shall pay to each posses-24

sion of the United States which does not have a mir-25

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•HR 1319 EH

ror code tax system amounts estimated by the Sec-1

retary of the Treasury as being equal to the aggre-2

gate benefits (if any) that would have been provided 3

to residents of such possession by reason of the pro-4

visions of this section (other than this subsection) 5

with respect to section 32 of the Internal Revenue 6

Code of 1986 if a mirror code tax system had been 7

in effect in such possession. The preceding sentence 8

shall not apply unless the respective possession has 9

a plan, which has been approved by the Secretary of 10

the Treasury, under which such possession will 11

promptly distribute such payments to its residents. 12


of this section, the term ‘‘mirror code tax system’’ 14

means, with respect to any possession of the United 15

States, the income tax system of such possession if 16

the income tax liability of the residents of such pos-17

session under such system is determined by ref-18

erence to the income tax laws of the United States 19

as if such possession were the United States. 20



payments under this section shall be treated in the 23

same manner as a refund due from a credit provi-24

sion referred to in subsection (b)(2) of such section. 25

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•HR 1319 EH

PART 4—DEPENDENT CARE ASSISTANCE 1

SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 2

AND DEPENDENT CARE TAX CREDIT. 3




‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 7

taxable year beginning after December 31, 2020, and be-8

fore January 1, 2022— 9

‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-10

payer (in the case of a joint return, either spouse) 11

has a principal place of abode in the United States 12

(determined as provided in section 32) for more than 13

one-half of the taxable year, the credit allowed under 14

subsection (a) shall be treated as a credit allowed 15

under subpart C (and not allowed under this sub-16

part). 17

‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT 18

CREDITABLE.—Subsection (c) shall be applied— 19

‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ 20

in paragraph (1) thereof, and 21

‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 22

in paragraph (2) thereof. 23

‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 24

Subsection (a)(2) shall be applied— 25

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•HR 1319 EH

‘‘(A) by substituting ‘50 percent’ for ‘35 1

percent ’, and 2

‘‘(B) by substituting ‘$125,000’ for 3

‘$15,000’. 4

‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN-5

COME INDIVIDUALS.— 6

‘‘(A) IN GENERAL.—Subsection (a)(2) 7

shall be applied by substituting ‘the phaseout 8

percentage’ for ‘20 percent’. 9

‘‘(B) PHASEOUT PERCENTAGE.—The term 10

‘phaseout percentage’ means 20 percent re-11

duced (but not below zero) by 1 percentage 12

point for each $2,000 (or fraction thereof) by 13

which the taxpayer’s adjusted gross income for 14

the taxable year exceeds $400,000.’’. 15

(b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec-16

tion 21 of such Code, as amended by subsection (a), is 17

amended by adding at the end the following new sub-18

section: 19

‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 20

‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR 21

CODE TAX SYSTEMS.—The Secretary shall pay to 22

each possession of the United States with a mirror 23

code tax system amounts equal to the loss (if any) 24

to that possession by reason of the application of 25

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•HR 1319 EH

this section (determined without regard to this sub-1

section) with respect to taxable years beginning in or 2

with 2021. Such amounts shall be determined by the 3

Secretary based on information provided by the gov-4


‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 6

Secretary shall pay to each possession of the United 7

States which does not have a mirror code tax system 8

amounts estimated by the Secretary as being equal 9

to the aggregate benefits that would have been pro-10

vided to residents of such possession by reason of 11

this section with respect to taxable years beginning 12

in or with 2021 if a mirror code tax system had 13

been in effect in such possession. The preceding sen-14

tence shall not apply unless the respective possession 15

has a plan, which has been approved by the Sec-16

retary, under which such possession will promptly 17

distribute such payments to its residents. 18

‘‘(3) COORDINATION WITH CREDIT ALLOWED 19

AGAINST UNITED STATES INCOME TAXES.—In the 20

case of any taxable year beginning in or with 2021, 21

no credit shall be allowed under this section to any 22

individual— 23

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•HR 1319 EH

‘‘(A) to whom a credit is allowable against 1

taxes imposed by a possession with a mirror 2

code tax system by reason of this section, or 3

‘‘(B) who is eligible for a payment under 4

a plan described in paragraph (2). 5

‘‘(4) MIRROR CODE TAX SYSTEM.—For pur-6

poses of this subsection, the term ‘mirror code tax 7

system’ means, with respect to any possession of the 8

United States, the income tax system of such posses-9

sion if the income tax liability of the residents of 10

such possession under such system is determined by 11

reference to the income tax laws of the United 12

States as if such possession were the United States. 13

‘‘(5) TREATMENT OF PAYMENTS.—For pur-14

poses of section 1324 of title 31, United States 15

Code, the payments under this subsection shall be 16

treated in the same manner as a refund due from 17

a credit provision referred to in subsection (b)(2) of 18

such section.’’. 19

(c) CONFORMING AMENDMENTS.— 20

(1) Section 6211(b)(4)(A) of such Code, as 21

amended by the preceding provisions of this Act, is 22

amended by inserting ‘‘21 by reason of subsection 23

(g) thereof,’’ before ‘‘24’’. 24

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(2) Section 1324(b)(2) of title 31, United 1

States Code (as amended by the preceding provi-2

sions of this title), is amended by inserting ‘‘21,’’ be-3

fore ‘‘24’’. 4



December 31, 2020. 7

SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-8

VIDED DEPENDENT CARE ASSISTANCE. 9

(a) IN GENERAL.—Section 129(a)(2) of the Internal 10

Revenue Code of 1986 is amended by adding at the end 11

the following new subparagraph: 12

‘‘(D) SPECIAL RULE FOR 2021.—In the 13

case of any taxable year beginning after Decem-14

ber 31, 2020, and before January 1, 2022, sub-15

paragraph (A) shall be applied be substituting 16

‘$10,500 (half such dollar amount’ for ‘$5,000 17

($2,500’.’’. 18



December 31, 2020. 21

(c) RETROACTIVE PLAN AMENDMENTS.—A plan that 22

otherwise satisfies all applicable requirements of sections 23

125 and 129 of the Internal Revenue Code of 1986 (in-24

cluding any rules or regulations thereunder) shall not fail 25

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to be treated as a cafeteria plan or dependent care assist-1

ance program merely because such plan is amended pursu-2

ant to a provision under this section and such amendment 3

is retroactive, if— 4

(1) such amendment is adopted no later than 5

the last day of the plan year in which the amend-6

ment is effective, and 7

(2) the plan is operated consistent with the 8

terms of such amendment during the period begin-9

ning on the effective date of the amendment and 10

ending on the date the amendment is adopted. 11

PART 5—CREDITS FOR PAID SICK AND FAMILY 12

LEAVE 13

SEC. 9641. PAYROLL CREDITS. 14

(a) IN GENERAL.—Chapter 21 of the Internal Rev-15


following new subchapter: 17

‘‘Subchapter D—Credits 18

‘‘Sec. 3131. Credit for paid sick leave.

‘‘Sec. 3132. Payroll credit for paid family leave.

‘‘Sec. 3133. Special rule related to tax on employers.

‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE. 19

‘‘(a) IN GENERAL.—In the case of an employer, there 20

shall be allowed as a credit against applicable employment 21

taxes for each calendar quarter an amount equal to 100 22

percent of the qualified sick leave wages paid by such em-23

ployer with respect to such calendar quarter. 24

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‘‘(b) LIMITATIONS AND REFUNDABILITY.— 1

‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 2

amount of qualified sick leave wages taken into ac-3

count under subsection (a) with respect to any indi-4

vidual shall not exceed $200 ($511 in the case of 5

any day any portion of which is paid sick time de-6

scribed in paragraph (1), (2), or (3) of section 7

5102(a) of the Emergency Paid Sick Leave Act, ap-8

plied with the modification described in subsection 9

(c)(2)(A)(i)) for any day (or portion thereof) for 10

which the individual is paid qualified sick leave 11

wages. 12

‘‘(2) OVERALL LIMITATION ON NUMBER OF 13

DAYS TAKEN INTO ACCOUNT.—The aggregate num-14

ber of days taken into account under paragraph (1) 15

for any calendar quarter shall not exceed the excess 16

(if any) of— 17

‘‘(A) 10, over 18

‘‘(B) the aggregate number of days so 19

taken into account during preceding calendar 20

quarters in such calendar year (other than the 21

first quarter of calendar year 2021). 22




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the applicable employment taxes for such calendar 1

quarter on the wages paid with respect to the em-2

ployment of all employees of the employer. 3








‘‘(B) ADVANCING CREDIT.—In anticipation 11

of the credit, including the refundable portion 12

under subparagraph (A), the credit shall be ad-13

vanced, according to forms and instructions 14

provided by the Secretary, up to an amount cal-15

culated under subsection (a), subject to the lim-16

its under paragraph (1) and (2), all calculated 17

through the end of the most recent payroll pe-18

riod in the quarter. 19

‘‘(c) QUALIFIED SICK LEAVE WAGES.—For purposes 20

of this section— 21

‘‘(1) IN GENERAL.—The term ‘qualified sick 22

leave wages’ means wages paid by an employer 23

which would be required to be paid by reason of the 24

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Emergency Paid Sick Leave Act as if such Act ap-1

plied after March 31, 2021. 2

‘‘(2) RULES OF APPLICATION.—For purposes of 3

determining whether wages are qualified sick leave 4

wages under paragraph (1)— 5

‘‘(A) IN GENERAL.—The Emergency Paid 6

Sick Leave Act shall be applied— 7

‘‘(i) by inserting ‘, the employee is 8

seeking or awaiting the results of a diag-9

nostic test for, or a medical diagnosis of, 10

COVID-19 and such employee has been ex-11

posed to COVID-19 or the employee’s em-12

ployer has requested such test or diag-13

nosis, or the employee is obtaining immu-14

nization related to COVID–19 or recov-15

ering from any injury, disability, illness, or 16

condition related to such immunization’ 17

after ‘medical diagnosis’ in section 18

5102(a)(3) thereof, and 19

‘‘(ii) by applying section 5102(b)(1) of 20

such Act separately with respect to each 21

calendar year after 2020 (and, in the case 22

of calendar year 2021, without regard to 23

the first quarter thereof). 24

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‘‘(B) LEAVE MUST MEET REQUIRE-1

MENTS.—If an employer fails to comply with 2

any requirement of such Act (determined with-3

out regard to section 5109 thereof) with respect 4

to paid sick time (as defined in section 5110 of 5

such Act), amounts paid by such employer with 6

respect to such paid sick time shall not be 7

taken into account as qualified sick leave wages. 8

For purposes of the preceding sentence, an em-9

ployer which takes an action described in sec-10

tion 5104 of such Act shall be treated as failing 11

to meet a requirement of such Act. 12

‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 13

PLAN EXPENSES.— 14


allowed under subsection (a) shall be increased by so 16

much of the employer’s qualified health plan ex-17

penses as are properly allocable to the qualified sick 18

leave wages for which such credit is so allowed. 19

‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— 20

For purposes of this subsection, the term ‘qualified 21

health plan expenses’ means amounts paid or in-22

curred by the employer to provide and maintain a 23

group health plan (as defined in section 5000(b)(1)), 24

but only to the extent that such amounts are ex-25

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cluded from the gross income of employees by reason 1

of section 106(a). 2

‘‘(3) ALLOCATION RULES.—For purposes of 3

this section, qualified health plan expenses shall be 4

allocated to qualified sick leave wages in such man-5

ner as the Secretary may prescribe. Except as other-6

wise provided by the Secretary, such allocation shall 7

be treated as properly made if made on the basis of 8

being pro rata among covered employees and pro 9

rata on the basis of periods of coverage (relative to 10

the time periods of leave to which such wages re-11

late). 12


‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 14

purposes of this section, the term ‘applicable employ-15

ment taxes’ means the following: 16

‘‘(A) The taxes imposed under section 17

3111(b). 18

‘‘(B) So much of the taxes imposed under 19

section 3221(a) as are attributable to the rate 20

in effect under section 3111(b). 21

‘‘(2) WAGES.—For purposes of this section, the 22

term ‘wages’ means wages (as defined in section 23

3121(a), determined without regard to paragraphs 24

(1) through (22) of section 3121(b)) and compensa-25

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tion (as defined in section 3231(e), determined with-1

out regard to the sentence in paragraph (1) thereof 2

which begins ‘Such term does not include remunera-3

tion’). 4

‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-5

poses of chapter 1, the gross income of the em-6

ployer, for the taxable year which includes the last 7

day of any calendar quarter with respect to which a 8

credit is allowed under this section, shall be in-9

creased by the amount of such credit. Any wages 10

taken into account in determining the credit allowed 11

under this section shall not be taken into account for 12

purposes of determining the credit allowed under 13

sections 45A, 45P, 45S, 51, 3132, and 3134. In the 14

case of any credit allowed under section 2301 of the 15

CARES Act or section 41 with respect to wages 16

taken into account under this section, the credit al-17

lowed under this section shall be reduced by the por-18

tion of the credit allowed under such section 2301 19

or section 41 which is attributable to such wages. 20

‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES 21

INTO ACCOUNT.—This section shall not apply to so 22

much of the qualified sick leave wages paid by an el-23

igible employer as such employer elects (at such time 24

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and in such manner as the Secretary may prescribe) 1

to not take into account for purposes of this section. 2

‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 3

No credit shall be allowed under this section to the 4

Government of the United States or to any agency 5

or instrumentality thereof. The preceding sentence 6

shall not apply to any organization described in sec-7

tion 501(c)(1) and exempt from tax under section 8

501(a). 9

‘‘(6) EXTENSION OF LIMITATION ON ASSESS-10

MENT.—Notwithstanding section 6501, the limita-11

tion on the time period for the assessment of any 12

amount attributable to a credit claimed under this 13

section shall not expire before the date that is 5 14

years after the later of— 15

‘‘(A) the date on which the original return 16

which includes the calendar quarter with re-17

spect to which such credit is determined is filed, 18

or 19

‘‘(B) the date on which such return is 20

treated as filed under section 6501(b)(2). 21

‘‘(f) REGULATIONS.—The Secretary shall prescribe 22


to carry out the purposes of this section, including— 24

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•HR 1319 EH

‘‘(1) regulations or other guidance to prevent 1

the avoidance of the purposes of the limitations 2

under this section, 3

‘‘(2) regulations or other guidance to minimize 4

compliance and record-keeping burdens under this 5

section, 6

‘‘(3) regulations or other guidance providing for 7

waiver of penalties for failure to deposit amounts in 8

anticipation of the allowance of the credit allowed 9


‘‘(4) regulations or other guidance for recap-11

turing the benefit of credits determined under this 12

section in cases where there is a subsequent adjust-13

ment to the credit determined under subsection (a), 14

‘‘(5) regulations or other guidance to ensure 15

that the wages taken into account under this section 16

conform with the paid sick time required to be pro-17

vided under the Emergency Paid Sick Leave Act, 18

and 19

‘‘(6) regulations or other guidance to permit the 20

advancement of the credit determined under sub-21

section (a). 22

‘‘(g) APPLICATION OF SECTION.—This section shall 23

apply only to wages paid with respect to the period begin-24

ning on April 1, 2021, and ending on September 30, 2021. 25

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‘‘(h) TREATMENT OF DEPOSITS.—The Secretary 1

shall waive any penalty under section 6656 for any failure 2

to make a deposit of applicable employment taxes if the 3

Secretary determines that such failure was due to the an-4

ticipation of the credit allowed under this section. 5

‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No 6

credit shall be allowed under this section to any employer 7

for any calendar quarter if such employer, with respect 8

to the availability of the provision of qualified sick leave 9

wages to which this section otherwise applies for such cal-10

endar quarter, discriminates in favor of highly com-11

pensated employees (within the meaning of section 12

414(q)), full-time employees, or employees on the basis of 13

employment tenure with such employer. 14

‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY LEAVE. 15

‘‘(a) IN GENERAL.—In the case of an employer, there 16

shall be allowed as a credit against applicable employment 17

taxes for each calendar quarter an amount equal to 100 18

percent of the qualified family leave wages paid by such 19

employer with respect to such calendar quarter. 20



amount of qualified family leave wages taken into 23

account under subsection (a) with respect to any in-24

dividual shall not exceed— 25

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•HR 1319 EH

‘‘(A) for any day (or portion thereof) for 1

which the individual is paid qualified family 2

leave wages, $200, and 3

‘‘(B) in the aggregate with respect to all 4

calendar quarters, $12,000. 5




the applicable employment taxes for such calendar 9

quarter (reduced by any credits allowed under sec-10

tion 3131) on the wages paid with respect to the em-11

ployment of all employees of the employer. 12








‘‘(B) ADVANCING CREDIT.—In anticipation 20

of the credit, including the refundable portion 21

under subparagraph (A), the credit shall be ad-22

vanced, according to forms and instructions 23

provided by the Secretary, up to an amount cal-24

culated under subsection (a), subject to the lim-25

515

•HR 1319 EH

its under paragraph (1) and (2), all calculated 1

through the end of the most recent payroll pe-2

riod in the quarter. 3

‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— 4

‘‘(1) IN GENERAL.—For purposes of this sec-5

tion, the term ‘qualified family leave wages’ means 6

wages paid by an employer which would be required 7

to be paid by reason of the Emergency Family and 8

Medical Leave Expansion Act (including the amend-9

ments made by such Act) as if such Act (and 10

amendments made by such Act) applied after March 11

31, 2021. 12

‘‘(2) RULES OF APPLICATION.— 13

‘‘(A) IN GENERAL.—For purposes of deter-14

mining whether wages are qualified family leave 15

wages under paragraph (1)— 16

‘‘(i) section 110(a)(2)(A) of the Fam-17

ily and Medical Leave Act of 1993 shall be 18

applied by inserting ‘or any reason for 19

leave described in section 5102(a) of the 20

Families First Coronavirus Response Act, 21

or the employee is seeking or awaiting the 22

results of a diagnostic test for, or a med-23

ical diagnosis of, COVID-19 and such em-24

ployee has been exposed to COVID-19 or 25

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the employee’s employer has requested 1

such test or diagnosis, or the employee is 2

obtaining immunization related to COVID– 3

19 or recovering from any injury, dis-4

ability, illness, or condition related to such 5

immunization’ after ‘public health emer-6

gency’, and 7

‘‘(ii) section 110(b) of such Act shall 8

be applied— 9

‘‘(I) without regard to paragraph 10

(1) thereof, 11

‘‘(II) by striking ‘after taking 12

leave after such section for 10 days’ 13

in paragraph (2)(A) thereof, and 14

‘‘(III) by substituting ‘$12,000’ 15

for ‘$10,000’ in paragraph (2)(B)(ii) 16

thereof. 17

‘‘(B) LEAVE MUST MEET REQUIRE-18

MENTS.—For purposes of determining whether 19

wages would be required to be paid under para-20

graph (1), if an employer fails to comply with 21

any requirement of the Family and Medical 22

Leave Act of 1993 or the Emergency Family 23

and Medical Leave Expansion Act (determined 24

without regard to any time limitation under sec-25

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•HR 1319 EH

tion 102(a)(1)(F) of the Family and Medical 1

Leave Act of 1994) with respect to any leave 2

provided for a qualifying need related to a pub-3

lic health emergency (as defined in section 110 4

of such Act, applied as described in subpara-5

graph (A)(i)), amounts paid by such employer 6

with respect to such leave shall not be taken 7

into account as qualified family leave wages. 8

For purposes of the preceding sentence, an em-9

ployer which takes an action described in sec-10

tion 105 of the Family and Medical Leave Act 11

of 1993 shall be treated as failing to meet a re-12

quirement of such Act. 13

‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 14



allowed under subsection (a) shall be increased by so 17

much of the employer’s qualified health plan ex-18

penses as are properly allocable to the qualified fam-19

ily leave wages for which such credit is so allowed. 20

‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.— 21

For purposes of this subsection, the term ‘qualified 22

health plan expenses’ means amounts paid or in-23

curred by the employer to provide and maintain a 24

group health plan (as defined in section 5000(b)(1)), 25

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•HR 1319 EH

but only to the extent that such amounts are ex-1

cluded from the gross income of employees by reason 2

of section 106(a). 3

‘‘(3) ALLOCATION RULES.—For purposes of 4

this section, qualified health plan expenses shall be 5

allocated to qualified family leave wages in such 6

manner as the Secretary may prescribe. Except as 7

otherwise provided by the Secretary, such allocation 8

shall be treated as properly made if made on the 9

basis of being pro rata among covered employees 10

and pro rata on the basis of periods of coverage (rel-11

ative to the time periods of leave to which such 12

wages relate). 13


‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 15

purposes of this section, the term ‘applicable employ-16

ment taxes’ means the following: 17


3111(b). 19




‘‘(2) WAGES.—For purposes of this section, the 23

term ‘wages’ means wages (as defined in section 24

3121(a), determined without regard to paragraphs 25

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•HR 1319 EH

(1) through (22) of section 3121(b)) and compensa-1

tion (as defined in section 3231(e), determined with-2

out regard to the sentence in paragraph (1) thereof 3

which begins ‘Such term does not include remunera-4

tion’). 5

‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-6

poses of chapter 1, the gross income of the em-7

ployer, for the taxable year which includes the last 8

day of any calendar quarter with respect to which a 9

credit is allowed under this section, shall be in-10

creased by the amount of such credit. Any wages 11

taken into account in determining the credit allowed 12

under this section shall not be taken into account for 13

purposes of determining the credit allowed under 14

sections 45A, 45P, 45S, 51, 3131, and 3134. In the 15

case of any credit allowed under section 2301 of the 16

CARES Act or section 41 with respect to wages 17

taken into account under this section, the credit al-18

lowed under this section shall be reduced by the por-19

tion of the credit allowed under such section 2301 20

or section 41 which is attributable to such wages. 21

‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES 22

INTO ACCOUNT.—This section shall not apply to so 23

much of the qualified family leave wages paid by an 24

eligible employer as such employer elects (at such 25

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•HR 1319 EH

time and in such manner as the Secretary may pre-1

scribe) to not take into account for purposes of this 2

section. 3

‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.— 4

No credit shall be allowed under this section to the 5

Government of the United States or to any agency 6

or instrumentality thereof. The preceding sentence 7

shall not apply to any organization described in sec-8

tion 501(c)(1) and exempt from tax under section 9

501(a). 10

‘‘(6) EXTENSION OF LIMITATION ON ASSESS-11

MENT.—Notwithstanding section 6501, the limita-12

tion on the time period for the assessment of any 13

amount attributable to a credit claimed under this 14

section shall not expire before the date that is 5 15

years after the later of— 16

‘‘(A) the date on which the original return 17

which includes the calendar quarter with re-18

spect to which such credit is determined is filed, 19

or 20

‘‘(B) the date on which such return is 21

treated as filed under section 6501(b)(2). 22

‘‘(f) REGULATIONS.—The Secretary shall prescribe 23



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‘‘(1) regulations or other guidance to prevent 1

the avoidance of the purposes of the limitations 2


‘‘(2) regulations or other guidance to minimize 4


section, 6

‘‘(3) regulations or other guidance providing for 7

waiver of penalties for failure to deposit amounts in 8

anticipation of the allowance of the credit allowed 9


‘‘(4) regulations or other guidance for recap-11

turing the benefit of credits determined under this 12

section in cases where there is a subsequent adjust-13

ment to the credit determined under subsection (a), 14

‘‘(5) regulations or other guidance to ensure 15

that the wages taken into account under this section 16

conform with the paid leave required to be provided 17

under the Emergency Family and Medical Leave Ex-18

pansion Act (including the amendments made by 19

such Act), and 20

‘‘(6) regulations or other guidance to permit the 21

advancement of the credit determined under sub-22

section (a). 23

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•HR 1319 EH

‘‘(g) APPLICATION OF SECTION.—This section shall 1

apply only to wages paid with respect to the period begin-2

ning on April 1, 2021, and ending on September 30, 2021. 3

‘‘(h) TREATMENT OF DEPOSITS.—The Secretary 4

shall waive any penalty under section 6656 for any failure 5

to make a deposit of applicable employment taxes if the 6

Secretary determines that such failure was due to the an-7

ticipation of the credit allowed under this section. 8

‘‘(i) NON-DISCRIMINATION REQUIREMENT.—No 9

credit shall be allowed under this section to any employer 10

for any calendar quarter if such employer, with respect 11

to the availability of the provision of qualified family leave 12

wages to which this section otherwise applies for such cal-13

endar quarter, discriminates in favor of highly com-14

pensated employees (within the meaning of section 15

414(q)), full-time employees, or employees on the basis of 16

employment tenure with such employer. 17

‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON EMPLOY-18

ERS. 19

‘‘(a) IN GENERAL.—The credit allowed by section 20

3131 and the credit allowed by section 3132 shall each 21

be increased by the amount of the taxes imposed by sub-22

sections (a) and (b) of section 3111 and section 3221(a) 23

on qualified sick leave wages, or qualified family leave 24

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•HR 1319 EH

wages, for which credit is allowed under such section 3131 1

or 3132 (respectively). 2

‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial of 3

double benefit with respect to the credit increase under 4

subsection (a), see sections 3131(e)(3) and 3132(e)(3).’’. 5

(b) REFUNDS.—Paragraph (2) of section 1324(b) of 6

title 31, United States Code, is amended by inserting 7

‘‘3131, 3132,’’ before ‘‘6428’’. 8

(c) CLERICAL AMENDMENT.—The table of sub-9

chapters for chapter 21 of the Internal Revenue Code of 10

1986 is amended by adding at the end the following new 11

item: 12

‘‘SUBCHAPTER D—CREDITS’’.


this section shall apply to amounts paid with respect to 14

calendar quarters beginning after March 31, 2021. 15

SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN SELF- 16

EMPLOYED INDIVIDUALS. 17

(a) IN GENERAL.—In the case of an eligible self-em-18

ployed individual, there shall be allowed as a credit against 19

the tax imposed by chapter 1 of the Internal Revenue Code 20

of 1986 for any taxable year an amount equal to the quali-21

fied sick leave equivalent amount with respect to the indi-22

vidual. 23

(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 24

purposes of this section— 25

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(1) IN GENERAL.—The term ‘‘eligible self-em-1

ployed individual’’ means an individual who— 2

(A) regularly carries on any trade or busi-3

ness within the meaning of section 1402 of the 4

Internal Revenue Code of 1986, and 5

(B) would be entitled to receive paid leave 6

during the taxable year pursuant to the Emer-7

gency Paid Sick Leave Act if— 8

(i) the individual were an employee of 9

an employer (other than himself or her-10

self), and 11

(ii) such Act applied after March 31, 12

2021. 13

(2) RULES OF APPLICATION.—For purposes of 14

paragraph (1)(B), in determining whether an indi-15

vidual would be entitled to receive paid leave under 16

the Emergency Paid Sick Leave Act, such Act shall 17

be applied— 18

(A) by inserting ‘‘, the employee is seeking 19

or awaiting the results of a diagnostic test for, 20

or a medical diagnosis of, COVID-19 and such 21

employee has been exposed to COVID-19 or is 22

unable to work pending the results of such test 23

or diagnosis, or the employee is obtaining im-24

munization related to COVID–19 or recovering 25

525

•HR 1319 EH

from any injury, disability, illness, or condition 1

related to such immunization’’ after ‘‘medical 2

diagnosis’’ in section 5102(a)(3) of such Act, 3

and 4

(B) by applying section 5102(b)(1) of such 5

Act separately with respect to each taxable 6

year. 7

(c) QUALIFIED SICK LEAVE EQUIVALENT 8

AMOUNT.—For purposes of this section— 9

(1) IN GENERAL.—The term ‘‘qualified sick 10

leave equivalent amount’’ means, with respect to any 11

eligible self-employed individual, an amount equal 12

to— 13

(A) the number of days during the taxable 14

year (but not more than 10) that the individual 15

is unable to perform services in any trade or 16

business referred to in section 1402 of the In-17

ternal Revenue Code of 1986 for a reason with 18

respect to which such individual would be enti-19

tled to receive sick leave as described in sub-20

section (b), multiplied by 21

(B) the lesser of— 22

(i) $200 ($511 in the case of any day 23

of paid sick time described in paragraph 24

(1), (2), or (3) of section 5102(a) of the 25

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•HR 1319 EH

Emergency Paid Sick Leave Act, applied 1

with the modification described in sub-2

section (b)(2)(A)) of this section, or 3

(ii) 67 percent (100 percent in the 4

case of any day of paid sick time described 5

in paragraph (1), (2), or (3) of section 6

5102(a) of the Emergency Paid Sick Leave 7

Act) of the average daily self-employment 8

income of the individual for the taxable 9

year. 10

(2) AVERAGE DAILY SELF-EMPLOYMENT IN-11

COME.—For purposes of this subsection, the term 12

‘‘average daily self-employment income’’ means an 13

amount equal to— 14

(A) the net earnings from self-employment 15

of the individual for the taxable year, divided by 16

(B) 260. 17

(3) ELECTION TO USE PRIOR YEAR NET EARN-18

INGS FROM SELF-EMPLOYMENT INCOME.—In the 19

case of an individual who elects (at such time and 20

in such manner as the Secretary may provide) the 21

application of this paragraph, paragraph (2)(A) shall 22

be applied by substituting ‘‘the prior taxable year’’ 23

for ‘‘the taxable year’’. 24

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•HR 1319 EH

(4) ELECTION TO NOT TAKE DAYS INTO AC-1

COUNT.—Any day shall not be taken into account 2

under paragraph (1)(A) if the eligible self-employed 3

individual elects (at such time and in such manner 4

as the Secretary may prescribe) to not take such day 5

into account for purposes of such paragraph. 6

(d) CREDIT REFUNDABLE.— 7

(1) IN GENERAL.—The credit determined under 8

this section shall be treated as a credit allowed to 9

the taxpayer under subpart C of part IV of sub-10

chapter A of chapter 1 of such Code. 11


of section 1324 of title 31, United States Code, any 13

refund due from the credit determined under this 14

section shall be treated in the same manner as a re-15

fund due from a credit provision referred to in sub-16

section (b)(2) of such section. 17

(e) SPECIAL RULES.— 18

(1) DOCUMENTATION.—No credit shall be al-19

lowed under this section unless the individual main-20

tains such documentation as the Secretary may pre-21

scribe to establish such individual as an eligible self- 22

employed individual. 23

(2) DENIAL OF DOUBLE BENEFIT.—In the case 24

of an individual who receives wages (as defined in 25

528

•HR 1319 EH

section 3121(a) of the Internal Revenue Code of 1

1986) or compensation (as defined in section 2

3231(e) of such Code) paid by an employer which 3

are required to be paid by reason of the Emergency 4

Paid Sick Leave Act, the qualified sick leave equiva-5

lent amount otherwise determined under subsection 6

(c) of this section shall be reduced (but not below 7

zero) to the extent that the sum of the amount de-8

scribed in such subsection and in section 3131(b)(1) 9

of such Code exceeds $2,000 ($5,110 in the case of 10

any day any portion of which is paid sick time de-11

scribed in paragraph (1), (2), or (3) of section 12

5102(a) of the Emergency Paid Sick Leave Act). 13

(f) APPLICATION OF SECTION.—Only days occurring 14

during the period beginning on April 1, 2021, and ending 15

on September 30, 2021, may be taken into account under 16

subsection (c)(1)(A). 17

(g) APPLICATION OF CREDIT IN CERTAIN POSSES-18

SIONS.— 19



each possession of the United States which has a 22

mirror code tax system amounts equal to the loss (if 23

any) to that possession by reason of the application 24

of the provisions of this section. Such amounts shall 25

529

•HR 1319 EH

be determined by the Secretary based on information 1

provided by the government of the respective posses-2

sion. 3





to the aggregate benefits (if any) that would have 8

been provided to residents of such possession by rea-9

son of the provisions of this section if a mirror code 10




proved by the Secretary, under which such posses-14

sion will promptly distribute such payments to its 15

residents. 16









530

•HR 1319 EH






tion. 6

(h) REGULATIONS.—The Secretary shall prescribe 7



(1) regulations or other guidance to effectuate 10

the purposes of this section, and 11

(2) regulations or other guidance to minimize 12


section. 14

SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF- 15

EMPLOYED INDIVIDUALS. 16

(a) IN GENERAL.—In the case of an eligible self-em-17

ployed individual, there shall be allowed as a credit against 18

the tax imposed by chapter 1 of the Internal Revenue Code 19

of 1986 for any taxable year an amount equal to 100 per-20

cent of the qualified family leave equivalent amount with 21

respect to the individual. 22

(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 23

purposes of this section— 24

531

•HR 1319 EH

(1) IN GENERAL.—The term ‘‘eligible self-em-1

ployed individual’’ means an individual who— 2

(A) regularly carries on any trade or busi-3

ness within the meaning of section 1402 of the 4

Internal Revenue Code of 1986, and 5

(B) would be entitled to receive paid leave 6

during the taxable year pursuant to the Emer-7

gency Family and Medical Leave Expansion Act 8

if— 9

(i) the individual were an employee of 10

an employer (other than himself or her-11

self), 12

(ii) section 102(a)(1)(F) of the Fam-13

ily and Medical Leave Act of 1993 applied 14

after March 31, 2021. 15

(2) RULES OF APPLICATION.—For purposes of 16

paragraph (1)(B), in determining whether an indi-17

vidual would be entitled to receive paid leave under 18

the Emergency Family and Medical Leave Act— 19

(A) section 110(a)(2)(A) of the Family and 20

Medical Leave Act of 1993 shall be applied by 21

inserting ‘‘or any reason for leave described in 22

section 5102(a) of the Families First 23

Coronavirus Response Act, or the employee is 24

seeking or awaiting the results of a diagnostic 25

532

•HR 1319 EH

test for, or a medical diagnosis of, COVID-19 1

and such employee has been exposed to 2

COVID-19 or is unable to work pending the re-3

sults of such test or diagnosis, or the employee 4

is obtaining immunization related to COVID– 5

19 or recovering from any injury, disability, ill-6

ness, or condition related to such immuniza-7

tion’’ after ‘‘public health emergency’’, and 8

(B) section 110(b) of such Act shall be ap-9

plied— 10

(i) without regard to paragraph (1) 11

thereof, and 12

(ii) by striking ‘‘after taking leave 13

after such section for 10 days’’ in para-14

graph (2)(A) thereof. 15

(c) QUALIFIED FAMILY LEAVE EQUIVALENT 16

AMOUNT.—For purposes of this section— 17

(1) IN GENERAL.—The term ‘‘qualified family 18

leave equivalent amount’’ means, with respect to any 19

eligible self-employed individual, an amount equal to 20

the product of— 21

(A) the number of days (not to exceed 60) 22

during the taxable year that the individual is 23

unable to perform services in any trade or busi-24

ness referred to in section 1402 of the Internal 25

533

•HR 1319 EH

Revenue Code of 1986 for a reason with respect 1

to which such individual would be entitled to re-2

ceive paid leave as described in subsection (b) 3

of this section, multiplied by 4

(B) the lesser of— 5

(i) 67 percent of the average daily 6

self-employment income of the individual 7

for the taxable year, or 8

(ii) $200. 9

(2) AVERAGE DAILY SELF-EMPLOYMENT IN-10

COME.—For purposes of this subsection, the term 11

‘‘average daily self-employment income’’ means an 12

amount equal to— 13

(A) the net earnings from self-employment 14

income of the individual for the taxable year, 15

divided by 16

(B) 260. 17

(3) ELECTION TO USE PRIOR YEAR NET EARN-18

INGS FROM SELF-EMPLOYMENT INCOME.—In the 19

case of an individual who elects (at such time and 20

in such manner as the Secretary may provide) the 21

application of this paragraph, paragraph (2)(A) shall 22

be applied by substituting ‘‘the prior taxable year’’ 23

for ‘‘the taxable year’’. 24

534

•HR 1319 EH

(4) COORDINATION WITH CREDIT FOR SICK 1

LEAVE.—Any day taken into account in determining 2

the qualified sick leave equivalent amount with re-3

spect to any eligible-self employed individual under 4

section 9642 shall not be take into account in deter-5

mining the qualified family leave equivalent amount 6

with respect to such individual under this section. 7

(d) CREDIT REFUNDABLE.— 8

(1) IN GENERAL.—The credit determined under 9

this section shall be treated as a credit allowed to 10

the taxpayer under subpart C of part IV of sub-11

chapter A of chapter 1 of such Code. 12


of section 1324 of title 31, United States Code, any 14

refund due from the credit determined under this 15

section shall be treated in the same manner as a re-16

fund due from a credit provision referred to in sub-17

section (b)(2) of such section. 18

(e) SPECIAL RULES.— 19

(1) DOCUMENTATION.—No credit shall be al-20

lowed under this section unless the individual main-21

tains such documentation as the Secretary may pre-22

scribe to establish such individual as an eligible self- 23

employed individual. 24

535

•HR 1319 EH

(2) DENIAL OF DOUBLE BENEFIT.—In the case 1

of an individual who receives wages (as defined in 2

section 3121(a) of the Internal Revenue Code of 3

1986) or compensation (as defined in section 4

3231(e) of such Code) paid by an employer which 5

are required to be paid by reason of the Emergency 6

Family and Medical Leave Expansion Act, the quali-7

fied family leave equivalent amount otherwise de-8

scribed in subsection (c) of this section shall be re-9

duced (but not below zero) to the extent that the 10

sum of the amount described in such subsection and 11

in section 3132(b)(1) of such Code exceeds $12,000. 12

(3) REFERENCES TO EMERGENCY FAMILY AND 13

MEDICAL LEAVE EXPANSION ACT.—Any reference in 14

this section to the Emergency Family and Medical 15

Leave Expansion Act shall be treated as including a 16

reference to the amendments made by such Act. 17

(f) APPLICATION OF SECTION.—Only days occurring 18

during the period beginning on April 1, 2021 and ending 19

on September 30, 2021, may be taken into account under 20

subsection (c)(1)(A). 21

(g) APPLICATION OF CREDIT IN CERTAIN POSSES-22

SIONS.— 23



536

•HR 1319 EH

each possession of the United States which has a 1

mirror code tax system amounts equal to the loss (if 2

any) to that possession by reason of the application 3

of the provisions of this section. Such amounts shall 4

be determined by the Secretary based on information 5

provided by the government of the respective posses-6

sion. 7





to the aggregate benefits (if any) that would have 12

been provided to residents of such possession by rea-13

son of the provisions of this section if a mirror code 14




proved by the Secretary, under which such posses-18

sion will promptly distribute such payments to its 19

residents. 20






537

•HR 1319 EH









tion. 9

(h) REGULATIONS.—The Secretary shall prescribe 10



(1) regulations or other guidance to prevent the 13

avoidance of the purposes of this section, and 14

(2) regulations or other guidance to minimize 15


section. 17

PART 6—EMPLOYEE RETENTION CREDIT 18

SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 19

(a) IN GENERAL.—Subchapter D of chapter 21 of 20

subtitle C of the Internal Revenue Code of 1986, as added 21

by section 9641, is amended by adding at the end the fol-22

lowing: 23

538

•HR 1319 EH

‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOY-1

ERS SUBJECT TO CLOSURE DUE TO COVID–19. 2

‘‘(a) IN GENERAL.—In the case of an eligible em-3

ployer, there shall be allowed as a credit against applicable 4

employment taxes for each calendar quarter an amount 5

equal to 70 percent of the qualified wages with respect 6

to each employee of such employer for such calendar quar-7

ter. 8



amount of qualified wages with respect to any em-11

ployee which may be taken into account under sub-12

section (a) by the eligible employer for any calendar 13

quarter shall not exceed $10,000. 14

‘‘(2) CREDIT LIMITED TO EMPLOYMENT 15

TAXES.—The credit allowed by subsection (a) with 16

respect to any calendar quarter shall not exceed the 17

applicable employment taxes (reduced by any credits 18

allowed under sections 3131 and 3132) on the wages 19

paid with respect to the employment of all the em-20

ployees of the eligible employer for such calendar 21

quarter. 22

‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If 23

the amount of the credit under subsection (a) ex-24

ceeds the limitation of paragraph (2) for any cal-25

endar quarter, such excess shall be treated as an 26

539

•HR 1319 EH

overpayment that shall be refunded under sections 1

6402(a) and 6413(b). 2

‘‘(c) DEFINITIONS.—For purposes of this section— 3

‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The 4

term ‘applicable employment taxes’ means the fol-5

lowing: 6


3111(b). 8




‘‘(2) ELIGIBLE EMPLOYER.— 12

‘‘(A) IN GENERAL.—The term ‘eligible em-13

ployer’ means any employer— 14

‘‘(i) which was carrying on a trade or 15

business during the calendar quarter for 16

which the credit is determined under sub-17

section (a), and 18

‘‘(ii) with respect to any calendar 19

quarter, for which— 20

‘‘(I) the operation of the trade or 21

business described in clause (i) is fully 22

or partially suspended during the cal-23

endar quarter due to orders from an 24

appropriate governmental authority 25

540

•HR 1319 EH

limiting commerce, travel, or group 1

meetings (for commercial, social, reli-2

gious, or other purposes) due to the 3

coronavirus disease 2019 (COVID– 4

19), or 5

‘‘(II) the gross receipts (within 6

the meaning of section 448(c)) of such 7

employer for such calendar quarter 8

are less than 80 percent of the gross 9

receipts of such employer for the same 10

calendar quarter in calendar year 11

2019. 12

With respect to any employer for any cal-13

endar quarter, if such employer was not in 14

existence as of the beginning of the same 15

calendar quarter in calendar year 2019, 16

clause (ii)(II) shall be applied by sub-17

stituting ‘2020’ for ‘2019’. 18

‘‘(B) ELECTION TO USE ALTERNATIVE 19

QUARTER.—At the election of the employer— 20

‘‘(i) subparagraph (A)(ii)(II) shall be 21

applied— 22

‘‘(I) by substituting ‘for the im-23

mediately preceding calendar quarter’ 24

for ‘for such calendar quarter’, and 25

541

•HR 1319 EH

‘‘(II) by substituting ‘the cor-1

responding calendar quarter in cal-2

endar year 2019’ for ‘the same cal-3

endar quarter in calendar year 2019’, 4

and 5

‘‘(ii) the last sentence of subpara-6

graph (A) shall be applied by substituting 7

‘the corresponding calendar quarter in cal-8

endar year 2019’ for ‘the same calendar 9

quarter in calendar year 2019’. 10

An election under this subparagraph shall be 11

made at such time and in such manner as the 12

Secretary shall prescribe. 13

‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In 14

the case of an organization which is described 15

in section 501(c) and exempt from tax under 16

section 501(a)— 17

‘‘(i) clauses (i) and (ii)(I) of subpara-18

graph (A) shall apply to all operations of 19

such organization, and 20

‘‘(ii) any reference in this section to 21

gross receipts shall be treated as a ref-22

erence to gross receipts within the meaning 23

of section 6033. 24

‘‘(3) QUALIFIED WAGES.— 25

542

•HR 1319 EH

‘‘(A) IN GENERAL.—The term ‘qualified 1

wages’ means— 2

‘‘(i) in the case of an eligible employer 3

for which the average number of full-time 4

employees (within the meaning of section 5

4980H) employed by such eligible employer 6

during 2019 was greater than 500, wages 7

paid by such eligible employer with respect 8

to which an employee is not providing serv-9

ices due to circumstances described in sub-10

clause (I) or (II) of paragraph (2)(A)(ii), 11

or 12

‘‘(ii) in the case of an eligible em-13

ployer for which the average number of 14

full-time employees (within the meaning of 15

section 4980H) employed by such eligible 16

employer during 2019 was not greater 17

than 500— 18

‘‘(I) with respect to an eligible 19

employer described in subclause (I) of 20

paragraph (2)(A)(ii), wages paid by 21

such eligible employer with respect to 22

an employee during any period de-23

scribed in such clause, or 24

543

•HR 1319 EH

‘‘(II) with respect to an eligible 1

employer described in subclause (II) 2

of such paragraph, wages paid by 3

such eligible employer with respect to 4

an employee during such quarter. 5

‘‘(B) EXCEPTION.—The term ‘qualified 6

wages’ shall not include any wages taken into 7

account under sections 41, 45A, 45P, 45S, 51, 8

1396, 3131, and 3132. 9

‘‘(4) WAGES.— 10

‘‘(A) IN GENERAL.—The term ‘wages’ 11

means wages (as defined in section 3121(a)) 12

and compensation (as defined in section 13

3231(e)). For purposes of the preceding sen-14

tence, in the case of any organization or entity 15

described in subsection (f)(2), wages as defined 16

in section 3121(a) shall be determined without 17

regard to paragraphs (5), (6), (7), (10), and 18

(13) of section 3121(b) (except with respect to 19

services performed in a penal institution by an 20

inmate thereof). 21

‘‘(B) ALLOWANCE FOR CERTAIN HEALTH 22


‘‘(i) IN GENERAL.—Such term shall 24

include amounts paid by the eligible em-25

544

•HR 1319 EH

ployer to provide and maintain a group 1

health plan (as defined in section 2

5000(b)(1)), but only to the extent that 3

such amounts are excluded from the gross 4

income of employees by reason of section 5

106(a). 6

‘‘(ii) ALLOCATION RULES.—For pur-7

poses of this section, amounts treated as 8

wages under clause (i) shall be treated as 9

paid with respect to any employee (and 10

with respect to any period) to the extent 11

that such amounts are properly allocable to 12

such employee (and to such period) in such 13

manner as the Secretary may prescribe. 14

Except as otherwise provided by the Sec-15

retary, such allocation shall be treated as 16

properly made if made on the basis of 17

being pro rata among periods of coverage. 18

‘‘(5) OTHER TERMS.—Any term used in this 19

section which is also used in this chapter or chapter 20

22 shall have the same meaning as when used in 21

such chapter. 22

‘‘(d) AGGREGATION RULE.—All persons treated as a 23

single employer under subsection (a) or (b) of section 52, 24

545

•HR 1319 EH

or subsection (m) or (o) of section 414, shall be treated 1

as one employer for purposes of this section. 2

‘‘(e) CERTAIN RULES TO APPLY.—For purposes of 3

this section, rules similar to the rules of sections 51(i)(1) 4

and 280C(a) shall apply. 5

‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.— 6

‘‘(1) IN GENERAL.—This credit shall not apply 7

to the Government of the United States, the govern-8

ment of any State or political subdivision thereof, or 9

any agency or instrumentality of any of the fore-10

going. 11

‘‘(2) EXCEPTION.—Paragraph (1) shall not 12

apply to— 13

‘‘(A) any organization described in section 14

501(c)(1) and exempt from tax under section 15

501(a), or 16

‘‘(B) any entity described in paragraph (1) 17

if— 18

‘‘(i) such entity is a college or univer-19

sity, or 20

‘‘(ii) the principal purpose or function 21

of such entity is providing medical or hos-22

pital care. 23

In the case of any entity described in subpara-24

graph (B), such entity shall be treated as satis-25

546

•HR 1319 EH

fying the requirements of subsection 1

(c)(2)(A)(i). 2

‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO 3

ACCOUNT.— 4

‘‘(1) IN GENERAL.—This section shall not apply 5

to so much of the qualified wages paid by an eligible 6

employer as such employer elects (at such time and 7

in such manner as the Secretary may prescribe) to 8

not take into account for purposes of this section. 9

‘‘(2) APPLICATION WHERE CERTAIN LOANS NOT 10

FORGIVEN.—The Secretary shall issue guidance pro-11

viding that payroll costs paid during the covered pe-12

riod shall not fail to be treated as qualified wages 13

under this section by reason of paragraph (1) to the 14

extent that— 15

‘‘(A) a covered loan of the taxpayer under 16

section 7(a)(37) of the Small Business Act is 17

not forgiven by reason of a decision under sec-18

tion 7(a)(37)(J) of such Act, or 19

‘‘(B) a covered loan of the taxpayer under 20

section 7A of the Small Business Act is not for-21

given by reason of a decision under section 22

7A(g) of such Act. 23

547

•HR 1319 EH

‘‘(h) THIRD PARTY PAYORS.—Any credit allowed 1

under this section shall be treated as a credit described 2

in section 3511(d)(2). 3

‘‘(i) ADVANCE PAYMENTS.— 4

‘‘(1) IN GENERAL.—Except as provided in para-5

graph (2), no advance payment of the credit under 6

subsection (a) shall be allowed. 7

‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY-8

ERS.— 9

‘‘(A) IN GENERAL.—Under rules provided 10

by the Secretary, an eligible employer for which 11

the average number of full-time employees 12

(within the meaning of section 4980H) em-13

ployed by such eligible employer during 2019 14

was not greater than 500 may elect for any cal-15

endar quarter to receive an advance payment of 16

the credit under subsection (a) for such quarter 17

in an amount not to exceed 70 percent of the 18

average quarterly wages paid by the employer 19


‘‘(B) SPECIAL RULE FOR SEASONAL EM-21

PLOYERS.—In the case of any employer who 22

employs seasonal workers (as defined in section 23

45R(d)(5)(B)), the employer may elect to sub-24

stitute ‘the wages for the calendar quarter in 25

548

•HR 1319 EH

2019 which corresponds to the calendar quarter 1

to which the election relates’ for ‘the average 2

quarterly wages paid by the employer in cal-3

endar year 2019’. 4

‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT 5

IN EXISTENCE IN 2019.—In the case of any em-6

ployer that was not in existence in 2019, sub-7

paragraphs (A) and (B) shall each be applied 8

by substituting ‘2020’ for ‘2019’ each place it 9

appears. 10

‘‘(3) RECONCILIATION OF CREDIT WITH AD-11

VANCE PAYMENTS.— 12

‘‘(A) IN GENERAL.—The amount of credit 13

which would (but for this subsection) be allowed 14

under this section shall be reduced (but not 15

below zero) by the aggregate payment allowed 16

to the taxpayer under paragraph (2). Any fail-17

ure to so reduce the credit shall be treated as 18

arising out of a mathematical or clerical error 19

and assessed according to section 6213(b)(1). 20

‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 21

advance payments to a taxpayer under para-22

graph (2) for a calendar quarter exceed the 23

credit allowed by this section (determined with-24

out regard to subparagraph (A)), the tax im-25

549

•HR 1319 EH

posed under section 3111(b) or so much of the 1

tax imposed under section 3221(a) as is attrib-2

utable to the rate in effect under section 3

3111(b) (whichever is applicable) for the cal-4

endar quarter shall be increased by the amount 5

of such excess. 6

‘‘(j) TREATMENT OF DEPOSITS.—The Secretary shall 7

waive any penalty under section 6656 for any failure to 8

make a deposit of any applicable employment taxes if the 9

Secretary determines that such failure was due to the rea-10

sonable anticipation of the credit allowed under this sec-11

tion. 12

‘‘(k) EXTENSION OF LIMITATION ON ASSESSMENT.— 13










‘‘(l) REGULATIONS AND GUIDANCE.—The Secretary 23

shall issue such forms, instructions, regulations, and guid-24

ance as are necessary— 25

550

•HR 1319 EH


under subsection (a) as provided in subsection (i)(2), 2

subject to the limitations provided in this section, 3

based on such information as the Secretary shall re-4

quire, 5

‘‘(2) with respect to the application of the cred-6

it under subsection (a) to third party payors (includ-7

ing professional employer organizations, certified 8

professional employer organizations, or agents under 9

section 3504), including regulations or guidance al-10

lowing such payors to submit documentation nec-11

essary to substantiate the eligible employer status of 12

employers that use such payors, and 13

‘‘(3) to prevent the avoidance of the purposes of 14

the limitations under this section, including through 15

the leaseback of employees. 16

Any forms, instructions, regulations, or guidance de-17

scribed in paragraph (2) shall require the customer to be 18

responsible for the accounting of the credit and for any 19

liability for improperly claimed credits and shall require 20

the certified professional employer organization or other 21

third party payor to accurately report such tax credits 22

based on the information provided by the customer. 23

551

•HR 1319 EH

‘‘(m) APPLICATION.—This section shall only apply to 1

wages paid after June 30, 2021, and before January 1, 2

2022.’’. 3

(b) REFUNDS.—Paragraph (2) of section 1324(b) of 4

title 31, United States Code, is amended by inserting 5

‘‘3134,’’ before ‘‘6428’’. 6

(c) CLERICAL AMENDMENT.—The table of sections 7

for subchapter D of chapter 21 of subtitle C of the Inter-8

nal Revenue Code of 1986 is amended by adding at the 9

end the following: 10

‘‘Sec. 3134. Employee retention credit for employers subject to closure due to

COVID–19.’’.


this section shall apply to calendar quarters beginning 12

after June 30, 2021. 13

PART 7—PREMIUM TAX CREDIT 14

SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 15

PREMIUM ASSISTANCE FOR CONSUMERS. 16

(a) IN GENERAL.—Section 36B(b)(3)(A) of the In-17

ternal Revenue Code of 1986 is amended by adding at the 18

end the following new clause: 19

‘‘(iii) TEMPORARY PERCENTAGES FOR 20

2021 AND 2022.—In the case of a taxable 21

year beginning in 2021 or 2022— 22

‘‘(I) clause (ii) shall not apply for 23

purposes of adjusting premium per-24

552

•HR 1319 EH

centages under this subparagraph, 1

and 2

‘‘(II) the following table shall be 3

applied in lieu of the table contained 4

in clause (i): 5

‘‘In the case of household income (expressed as

a percent of poverty line) within the following income tier:

The initial premium

percentage is—

The final premium

percentage is—

Up to 150.0 percent ................................... 0.0 0.0150.0 percent up to 200.0 percent ............. 0.0 2.0200.0 percent up to 250.0 percent ............. 2.0 4.0250.0 percent up to 300.0 percent ............. 4.0 6.0300.0 percent up to 400.0 percent ............. 6.0 8.5400.0 percent and higher ........................... 8.5 8.5’’.

(b) CONFORMING AMENDMENT.—Section 36B(c)(1) 6

of the Internal Revenue Code of 1986 is amended by add-7

ing at the end the following new subparagraph: 8

‘‘(E) TEMPORARY RULE FOR 2021 AND 9

2022.—In the case of a taxable year beginning 10

in 2021 or 2022, subparagraph (A) shall be ap-11

plied without regard to ‘but does not exceed 12

400 percent’.’’. 13



December 31, 2020. 16

553

•HR 1319 EH

SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS 1

ON RECONCILIATION OF TAX CREDITS FOR 2

COVERAGE UNDER A QUALIFIED HEALTH 3

PLAN WITH ADVANCE PAYMENTS OF SUCH 4

CREDIT. 5

(a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter-6

nal Revenue Code of 1986 is amended by adding at the 7

end the following new clause: 8

‘‘(iii) TEMPORARY MODIFICATION OF 9

LIMITATION ON INCREASE.—In the case of 10

any taxable year beginning in 2020, for 11

any taxpayer who files for such taxable 12

year an income tax return reconciling any 13

advance payment of the credit under this 14

section, the Secretary shall treat subpara-15

graph (A) as not applying.’’. 16



December 31, 2019. 19

SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE 20

OF INDIVIDUALS RECEIVING UNEMPLOY-21

MENT COMPENSATION DURING 2021. 22

(a) IN GENERAL.—Section 36B of the Internal Rev-23

enue Code of 1986 is amended by redesignating subsection 24

(g) as subsection (h) and by inserting after subsection (f) 25

the following new subsection: 26

554

•HR 1319 EH

‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RE-1

CEIVE UNEMPLOYMENT COMPENSATION DURING 2021.— 2


tion, in the case of a taxpayer who has received, or 4

has been approved to receive, unemployment com-5

pensation for any week beginning during 2021, for 6

the taxable year in which such week begins— 7

‘‘(A) such taxpayer shall be treated as an 8

applicable taxpayer, and 9

‘‘(B) there shall not be taken into account 10

any household income of the taxpayer in excess 11

of 133 percent of the poverty line for a family 12

of the size involved. 13

‘‘(2) UNEMPLOYMENT COMPENSATION.—For 14

purposes of this subsection, the term ‘unemployment 15

compensation’ has the meaning given such term in 16

section 85(b). 17

‘‘(3) EVIDENCE OF UNEMPLOYMENT COM-18

PENSATION.—For purposes of this subsection, a tax-19

payer shall not be treated as having received (or 20

been approved to receive) unemployment compensa-21

tion for any week unless such taxpayer provides self- 22

attestation of, and such documentation as the Sec-23

retary shall prescribe which demonstrates, such re-24

ceipt or approval. 25

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•HR 1319 EH

‘‘(4) CLARIFICATION OF RULES REMAINING AP-1

PLICABLE.— 2

‘‘(A) JOINT RETURN REQUIREMENT.— 3

Paragraph (1)(A) shall not affect the applica-4

tion of subsection (c)(1)(C). 5

‘‘(B) HOUSEHOLD INCOME AND 6

AFFORDABILLITY.—Paragraph (1)(B) shall not 7

apply to any determination of household income 8

for purposes of paragraph (2)(C)(i)(II) or 9

(4)(C)(ii) of subsection (c)’’. 10



December 31, 2020. 13

PART 8—MISCELLANEOUS PROVISIONS 14

SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, 15

ETC. ON WORLDWIDE BASIS. 16


enue Code of 1986 is amended by striking subsection (f). 18



December 31, 2020. 21

SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. 22

For purposes of the Internal Revenue Code of 23

1986— 24

556

•HR 1319 EH

(1) amounts received from the Administrator of 1

the Small Business Administration in the form of a 2

Targeted EIDL Advance shall not be included in the 3

gross income of the person that receives such 4

amounts, 5

(2) no deduction shall be denied, no tax at-6

tribute shall be reduced, and no basis increase shall 7

be denied, by reason of the exclusion from gross in-8

come provided by paragraph (1), and 9

(3) in the case of a partnership or S corpora-10

tion that receives such amounts— 11

(A) any amount excluded from income by 12

reason of paragraph (1) shall be treated as tax 13

exempt income for purposes of sections 705 and 14

1366 of the Internal Revenue Code of 1986, 15

and 16

(B) the Secretary of the Treasury (or the 17

Secretary’s delegate) shall prescribe rules for 18

determining a partner’s distributive share of 19

any amount described in subparagraph (A) for 20

purposes of section 705 of the Internal Revenue 21

Code of 1986. 22

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•HR 1319 EH

SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZA-1

TION GRANTS. 2

For purposes of the Internal Revenue Code of 3

1986— 4

(1) amounts received from the Administrator of 5

the Small Business Administration in the form of a 6

Restaurant Revitalization Grant shall not be in-7

cluded in the gross income of the person that re-8

ceives such amounts, 9

(2) no deduction shall be denied, no tax at-10

tribute shall be reduced, and no basis increase shall 11

be denied, by reason of the exclusion from gross in-12

come provided by paragraph (1), and 13

(3) in the case of a partnership or S corpora-14

tion that receives such amounts— 15

(A) except as otherwise provided by the 16

Secretary of the Treasury (or the Secretary’s 17

delegate), any amount excluded from income by 18

reason of paragraph (1) shall be treated as tax 19

exempt income for purposes of sections 705 and 20

1366 of the Internal Revenue Code of 1986, 21

and 22

(B) the Secretary of the Treasury (or the 23

Secretary’s delegate) shall prescribe rules for 24

determining a partner’s distributive share of 25

any amount described in subparagraph (A) for 26

558

•HR 1319 EH

purposes of section 705 of the Internal Revenue 1

Code of 1986. 2

SEC. 9674. MODIFICATION OF EXCEPTIONS FOR REPORT-3

ING OF THIRD PARTY NETWORK TRANS-4

ACTIONS. 5

(a) IN GENERAL.—Section 6050W(e) of the Internal 6

Revenue Code of 1986 is amended to read as follows: 7

‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY 8

SETTLEMENT ORGANIZATIONS.—A third party settlement 9

organization shall not be required to report any informa-10

tion under subsection (a) with respect to third party net-11

work transactions of any participating payee if the amount 12

which would otherwise be reported under subsection (a)(2) 13

with respect to such transactions does not exceed $600.’’. 14

(b) CLARIFICATION THAT REPORTING IS NOT RE-15

QUIRED ON TRANSACTIONS WHICH ARE NOT FOR GOODS 16

OR SERVICES.—Section 6050W(c)(3) of such Code is 17

amended by inserting ‘‘described in subsection 18

(d)(3)(A)(iii)’’ after ‘‘any transaction’’. 19


(1) IN GENERAL.—The amendment made by 21

subsection (a) shall apply to returns for calendar 22

years beginning after December 31, 2021. 23

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•HR 1319 EH

(2) CLARIFICATION.—The amendment made by 1

subsection (b) shall apply to transactions after the 2

date of the enactment of this Act. 3

Subtitle H—Pensions 4

SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI-5

EMPLOYER PLANS AS IN ENDANGERED, CRIT-6

ICAL, OR CRITICAL AND DECLINING STATUS. 7

(a) IN GENERAL.—Notwithstanding the actuarial 8

certification under section 305(b)(3) of the Employee Re-9

tirement Income Security Act of 1974 and section 10

432(b)(3) of the Internal Revenue Code of 1986, if a plan 11

sponsor of a multiemployer plan elects the application of 12

this section, then, for purposes of section 305 of such Act 13

and section 432 of such Code— 14

(1) the status of the plan for its first plan year 15

beginning during the period beginning on March 1, 16

2020, and ending on February 28, 2021, or the next 17

succeeding plan year (as designated by the plan 18

sponsor in such election), shall be the same as the 19

status of such plan under such sections for the plan 20

year preceding such designated plan year, and 21

(2) in the case of a plan which was in endan-22

gered or critical status for the plan year preceding 23

the designated plan year described in paragraph (1), 24

the plan shall not be required to update its plan or 25

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•HR 1319 EH

schedules under section 305(c)(6) of such Act and 1

section 432(c)(6) of such Code, or section 2

305(e)(3)(B) of such Act and section 432(e)(3)(B) 3

of such Code, whichever is applicable, until the plan 4

year following the designated plan year described in 5

paragraph (1). 6

(b) EXCEPTION FOR PLANS BECOMING CRITICAL 7

DURING ELECTION.—If— 8

(1) an election was made under subsection (a) 9

with respect to a multiemployer plan, and 10

(2) such plan has, without regard to such elec-11

tion, been certified by the plan actuary under section 12

305(b)(3) of the Employee Retirement Income Secu-13

rity Act of 1974 and section 432(b)(3) of the Inter-14

nal Revenue Code of 1986 to be in critical status for 15

the designated plan year described in subsection 16

(a)(1), then such plan shall be treated as a plan in 17

critical status for such plan year for purposes of ap-18

plying section 4971(g)(1)(A) of such Code, section 19

302(b)(3) of such Act (without regard to the second 20

sentence thereof), and section 412(b)(3) of such 21

Code (without regard to the second sentence there-22

of). 23

(c) ELECTION AND NOTICE.— 24

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•HR 1319 EH

(1) ELECTION.—An election under subsection 1

(a)— 2

(A) shall be made at such time and in such 3

manner as the Secretary of the Treasury or the 4

Secretary’s delegate may prescribe and, once 5

made, may be revoked only with the consent of 6

the Secretary, and 7

(B) if made— 8

(i) before the date the annual certifi-9

cation is submitted to the Secretary or the 10

Secretary’s delegate under section 11

305(b)(3) of such Act and section 12

432(b)(3) of such Code, shall be included 13

with such annual certification, and 14

(ii) after such date, shall be submitted 15

to the Secretary or the Secretary’s delegate 16

not later than 30 days after the date of the 17

election. 18

(2) NOTICE TO PARTICIPANTS.— 19

(A) IN GENERAL.—Notwithstanding sec-20

tion 305(b)(3)(D) of the Employee Retirement 21

Income Security Act of 1974 and section 22

432(b)(3)(D) of the Internal Revenue Code of 23

1986, if, by reason of an election made under 24

562

•HR 1319 EH

subsection (a), the plan is in neither endan-1

gered nor critical status— 2

(i) the plan sponsor of a multiem-3

ployer plan shall not be required to provide 4

notice under such sections, and 5

(ii) the plan sponsor shall provide to 6

the participants and beneficiaries, the bar-7

gaining parties, the Pension Benefit Guar-8

anty Corporation, and the Secretary of 9

Labor a notice of the election under sub-10

section (a) and such other information as 11

the Secretary of the Treasury (in consulta-12

tion with the Secretary of Labor) may re-13

quire— 14

(I) if the election is made before 15

the date the annual certification is 16

submitted to the Secretary or the Sec-17

retary’s delegate under section 18

305(b)(3) of such Act and section 19

432(b)(3) of such Code, not later than 20

30 days after the date of the certifi-21

cation, and 22

(II) if the election is made after 23

such date, not later than 30 days 24

after the date of the election. 25

563

•HR 1319 EH

(B) NOTICE OF ENDANGERED STATUS.— 1

Notwithstanding section 305(b)(3)(D) of such 2

Act and section 432(b)(3)(D) of such Code, if 3

the plan is certified to be in critical status for 4

any plan year but is in endangered status by 5

reason of an election made under subsection 6

(a), the notice provided under such sections 7

shall be the notice which would have been pro-8

vided if the plan had been certified to be in en-9

dangered status. 10

SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IM-11

PROVEMENT AND REHABILITATION PERIODS 12

FOR MULTIEMPLOYER PENSION PLANS IN 13

CRITICAL AND ENDANGERED STATUS FOR 14

2020 OR 2021. 15

(a) IN GENERAL.—If the plan sponsor of a multiem-16

ployer plan which is in endangered or critical status for 17

a plan year beginning in 2020 or 2021 (determined after 18

application of section 9701) elects the application of this 19

section, then, for purposes of section 305 of the Employee 20

Retirement Income Security Act of 1974 and section 432 21

of the Internal Revenue Code of 1986, the plan’s funding 22

improvement period or rehabilitation period, whichever is 23

applicable, shall be extended by 5 years. 24

564

•HR 1319 EH

(b) DEFINITIONS AND SPECIAL RULES.—For pur-1

poses of this section— 2

(1) ELECTION.—An election under this section 3

shall be made at such time, and in such manner and 4

form, as (in consultation with the Secretary of 5

Labor) the Secretary of the Treasury or the Sec-6

retary’s delegate may prescribe. 7

(2) DEFINITIONS.—Any term which is used in 8

this section which is also used in section 305 of the 9

Employee Retirement Income Security Act of 1974 10

and section 432 of the Internal Revenue Code of 11

1986 shall have the same meaning as when used in 12

such sections. 13

(c) EFFECTIVE DATE.—This section shall apply to 14

plan years beginning after December 31, 2019. 15

SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC-16

COUNT RULES. 17

(a) ADJUSTMENTS.— 18

(1) AMENDMENT TO EMPLOYEE RETIREMENT 19

INCOME SECURITY ACT OF 1974.—Section 304(b)(8) 20


1974 (29 U.S.C. 1084(b)) is amended by adding at 22

the end the following new subparagraph: 23

‘‘(F) RELIEF FOR 2020 AND 2021.—A mul-24

tiemployer plan with respect to which the sol-25

565

•HR 1319 EH

vency test under subparagraph (C) is met as of 1

February 29, 2020, may elect to apply this 2

paragraph (without regard to whether such plan 3

previously elected the application of this para-4

graph)— 5

‘‘(i) by substituting ‘February 29, 6

2020’ for ‘August 31, 2008’ each place it 7

appears in subparagraphs (A)(i), (B)(i)(I), 8

and (B)(i)(II), 9

‘‘(ii) by inserting ‘and other losses re-10

lated to the virus SARS–CoV–2 or 11

coronavirus disease 2019 (COVID–19) (in-12

cluding experience losses related to reduc-13

tions in contributions, reductions in em-14

ployment, and deviations from anticipated 15

retirement rates, as determined by the plan 16

sponsor)’ after ‘net investment losses’ in 17

subparagraph (A)(i), and 18

‘‘(iii) by substituting ‘this subpara-19

graph or subparagraph (A)’ for ‘this sub-20

paragraph and subparagraph (A) both’ in 21

subparagraph (B)(iii). 22

The preceding sentence shall not apply to a 23

plan to which special financial assistance is 24

granted under section 4262. For purposes of 25

566

•HR 1319 EH

the application of this subparagraph, the Sec-1

retary of the Treasury shall rely on the plan 2

sponsor’s calculations of plan losses unless such 3

calculations are clearly erroneous.’’. 4

(2) AMENDMENT TO INTERNAL REVENUE CODE 5

OF 1986.—Section 431(b)(8) of the Internal Revenue 6

Code of 1986 is amended by adding at the end the 7

following new subparagraph: 8

‘‘(F) RELIEF FOR 2020 AND 2021.—A mul-9

tiemployer plan with respect to which the sol-10

vency test under subparagraph (C) is met as of 11

February 29, 2020, may elect to apply this 12

paragraph (without regard to whether such plan 13

previously elected the application of this para-14

graph)— 15

‘‘(i) by substituting ‘February 29, 16

2020’ for ‘August 31, 2008’ each place it 17

appears in subparagraphs (A)(i), (B)(i)(I), 18

and (B)(i)(II), 19

‘‘(ii) by inserting ‘and other losses re-20

lated to the virus SARS–CoV–2 or 21

coronavirus disease 2019 (COVID–19) (in-22

cluding experience losses related to reduc-23

tions in contributions, reductions in em-24

ployment, and deviations from anticipated 25

567

•HR 1319 EH

retirement rates, as determined by the plan 1

sponsor)’ after ‘net investment losses’ in 2

subparagraph (A)(i), and 3

‘‘(iii) by substituting ‘this subpara-4

graph or subparagraph (A)’ for ‘this sub-5

paragraph and subparagraph (A) both’ in 6

subparagraph (B)(iii). 7

The preceding sentence shall not apply to a 8

plan to which special financial assistance is 9

granted under section 4262 of the Employee 10

Retirement Income Security Act of 1974. For 11

purposes of the application of this subpara-12

graph, the Secretary shall rely on the plan 13

sponsor’s calculations of plan losses unless such 14

calculations are clearly erroneous.’’. 15

(b) EFFECTIVE DATES.— 16


this section shall take effect as of the first day of 18

the first plan year ending on or after February 29, 19

2020, except that any election a plan makes pursu-20

ant to this section that affects the plan’s funding 21

standard account for the first plan year beginning 22

after February 29, 2020, shall be disregarded for 23

purposes of applying the provisions of section 305 of 24

the Employee Retirement Income Security Act of 25

568

•HR 1319 EH

1974 and section 432 of the Internal Revenue Code 1

of 1986 to such plan year. 2

(2) RESTRICTIONS ON BENEFIT INCREASES.— 3

Notwithstanding paragraph (1), the restrictions on 4

plan amendments increasing benefits in sections 5

304(b)(8)(D) of such Act and 431(b)(8)(D) of such 6

Code, as applied by the amendments made by this 7

section, shall take effect on the date of enactment of 8

this Act. 9

SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 10

FINANCIALLY TROUBLED MULTIEMPLOYER 11

PLANS. 12

(a) APPROPRIATION.—Section 4005 of the Employee 13

Retirement Income Security Act of 1974 (29 U.S.C. 1305) 14

is amended by adding at the end the following: 15

‘‘(i)(1) An eighth fund shall be established for special 16

financial assistance to multiemployer pension plans, as 17

provided under section 4262, and to pay for necessary ad-18

ministrative and operating expenses of the corporation re-19

lating to such assistance. 20

‘‘(2) There is appropriated from the general fund 21

such amounts as are necessary for the costs of providing 22

financial assistance under section 4262 and necessary ad-23

ministrative and operating expenses of the corporation. 24

The eighth fund established under this subsection shall be 25

569

•HR 1319 EH

credited with amounts from time to time as the Secretary 1

of the Treasury, in conjunction with the Director of the 2

Pension Benefit Guaranty Corporation, determines appro-3

priate, from the general fund of the Treasury, but in no 4

case shall such transfers occur after September 30, 5

2030.’’. 6

(b) FINANCIAL ASSISTANCE AUTHORITY.—The Em-7

ployee Retirement Income Security Act of 1974 is amend-8

ed by inserting after section 4261 of such Act (29 U.S.C. 9

1431) the following: 10

‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR-11

PORATION. 12

‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 13

‘‘(1) IN GENERAL.—The corporation shall pro-14

vide special financial assistance to an eligible multi-15

employer plan under this section, upon the applica-16

tion of a plan sponsor of such a plan for such assist-17

ance. 18

‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 19

OBLIGATION.—A plan receiving special financial as-20

sistance pursuant to this section shall not be subject 21

to repayment obligations with respect to such special 22

financial assistance. 23

‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 24

570

•HR 1319 EH


tion, a multiemployer plan is an eligible multiem-2

ployer plan if— 3

‘‘(A) the plan is in critical and declining 4

status (within the meaning of section 5

305(b)(6)) in any plan year beginning in 2020 6

through 2022; 7

‘‘(B) a suspension of benefits has been ap-8

proved with respect to the plan under section 9

305(e)(9) as of the date of the enactment of 10

this section; 11

‘‘(C) in any plan year beginning in 2020 12

through 2022, the plan is certified by the plan 13

actuary to be in critical status (within the 14

meaning of section 305(b)(2)), has a modified 15

funded percentage of less than 40 percent, and 16

has a ratio of active to inactive participants 17

which is less than 2 to 3; or 18

‘‘(D) the plan became insolvent for pur-19

poses of section 418E of the Internal Revenue 20

Code of 1986 after December 16, 2014, and 21

has remained so insolvent and has not been ter-22

minated as of the date of enactment of this sec-23

tion. 24

571

•HR 1319 EH

‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 1

purposes of paragraph (1)(C), the term ‘modified 2

funded percentage’ means the percentage equal to a 3

fraction the numerator of which is current value of 4

plan assets (as defined in section 3(26) of such Act) 5

and the denominator of which is current liabilities 6

(as defined in section 431(c)(6)(D) of such Code and 7

section 304(c)(6)(D) of such Act). 8

‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST-9

ANCE.—Within 120 days of the date of enactment of this 10

section, the corporation shall issue regulations or guidance 11

setting forth requirements for special financial assistance 12

applications under this section. In such regulations or 13

guidance, the corporation shall— 14

‘‘(1) limit the materials required for a special 15

financial assistance application to the minimum nec-16

essary to make a determination on the application; 17

‘‘(2) specify effective dates for transfers of spe-18

cial financial assistance following approval of an ap-19

plication, based on the effective date of the sup-20

porting actuarial analysis and the date on which the 21

application is submitted; and 22

‘‘(3) provide for an alternate application for 23

special financial assistance under this section, which 24

may be used by a plan that has been approved for 25

572

•HR 1319 EH

a partition under section 4233 before the date of en-1

actment of this section. 2

‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP-3

PLICATIONS.— 4

‘‘(1) IN GENERAL.—The corporation may speci-5

fy in regulations or guidance under subsection (c) 6

that, during a period no longer than the first 2 7

years following the date of enactment of this section, 8

applications may not be filed by an eligible multiem-9

ployer plan unless— 10

‘‘(A) the eligible multiemployer plan is in-11

solvent or is likely to become insolvent within 5 12

years of the date of enactment of this section; 13

‘‘(B) the corporation projects the eligible 14

multiemployer plan to have a present value of 15

financial assistance payments under section 16

4261 that exceeds $1,000,000,000 if the special 17

financial assistance is not ordered; 18

‘‘(C) the eligible multiemployer plan has 19

implemented benefit suspensions under section 20

305(e)(9) as of the date of the enactment of 21

this section; or 22

‘‘(D) the corporation determines it appro-23

priate based on other similar circumstances. 24

‘‘(e) ACTUARIAL ASSUMPTIONS.— 25

573

•HR 1319 EH

‘‘(1) ELIGIBILITY.—For purposes of deter-1

mining eligibility for special financial assistance, the 2

corporation shall accept assumptions incorporated in 3

a multiemployer plan’s determination that it is in 4

critical status or critical and declining status (within 5

the meaning of section 305(b)) for certifications of 6

plan status completed before January 1, 2021, un-7

less such assumptions are clearly erroneous. For cer-8

tifications of plan status completed after December 9

31, 2020, a plan shall determine whether it is in 10

critical or critical and declining status for purposes 11

of eligibility for special financial assistance by using 12

the assumptions that the plan used in its most re-13

cently completed certification of plan status before 14

January 1, 2021, unless such assumptions (exclud-15

ing the plan’s interest rate) are unreasonable. 16

‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 17

determining the amount of special financial assist-18

ance in its application, an eligible multiemployer 19

plan shall— 20

‘‘(A) use the interest rate used by the plan 21

in its most recently completed certification of 22

plan status before January 1, 2021, provided 23

that such interest rate may not exceed the in-24

terest rate limit; and 25

574

•HR 1319 EH

‘‘(B) for other assumptions, use the as-1

sumptions that the plan used in its most re-2

cently completed certification of plan status be-3

fore January 1, 2021, unless such assumptions 4

are unreasonable. 5

‘‘(3) INTEREST RATE.—The interest rate limit 6

for purposes of this subsection is the rate specified 7

in section 303(h)(2)(C)(iii) (disregarding modifica-8

tions made under clause (iv) of such section) for the 9

month in which the application for special financial 10

assistance is filed by the eligible multiemployer plan 11

or the 3 preceding months, with such specified rate 12

increased by 200 basis points. 13

‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de-14

termines that use of one or more prior assumptions 15

is unreasonable, the plan may propose in its applica-16

tion to change such assumptions, provided that the 17

plan discloses such changes in its application and 18

describes why such assumptions are no longer rea-19

sonable. The corporation shall accept such changed 20

assumptions unless it determines the changes are 21

unreasonable, individually or in the aggregate. The 22

plan may not propose a change to the interest rate 23

otherwise required under this subsection for eligi-24

bility or financial assistance amount. 25

575

•HR 1319 EH

‘‘(f) APPLICATION DEADLINE.—Any application by a 1

plan for special financial assistance under this section 2

shall be submitted to the corporation (and, in the case of 3

a plan to which section 432(k)(1)(D) of the Internal Rev-4

enue Code of 1986 applies, to the Secretary of the Treas-5

ury) no later than December 31, 2025, and any revised 6

application for special financial assistance shall be sub-7

mitted no later than December 31, 2026. 8

‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 9

application for special financial assistance under this sec-10

tion that is timely filed in accordance with the regulations 11

or guidance issued under subsection (c) shall be deemed 12

approved unless the corporation notifies the plan within 13

120 days of the filing of the application that the applica-14

tion is incomplete, any proposed change or assumption is 15

unreasonable, or the plan is not eligible under this section. 16

Such notice shall specify the reasons the plan is ineligible 17

for special financial assistance, any proposed change or 18

assumption is unreasonable, or information is needed to 19

complete the application. If a plan is denied assistance 20

under this subsection, the plan may submit a revised ap-21

plication under this section. Any revised application for 22

special financial assistance submitted by a plan shall be 23

deemed approved unless the corporation notifies the plan 24

within 120 days of the filing of the revised application that 25

576

•HR 1319 EH

the application is incomplete, any proposed change or as-1

sumption is unreasonable, or the plan is not eligible under 2

this section. Special financial assistance issued by the cor-3

poration shall be effective on a date determined by the 4

corporation, but no later than 1 year after a plan’s special 5

financial assistance application is approved by the cor-6

poration or deemed approved. The corporation shall not 7

pay any special financial assistance after September 30, 8

2030. 9

‘‘(h) MANNER OF PAYMENT.—The payment made by 10

the corporation to an eligible multiemployer plan under 11

this section shall be made as a single, lump sum payment. 12

‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL 13

ASSISTANCE.— 14

‘‘(1) IN GENERAL.—Special financial assistance 15

under this section shall be a transfer of funds in the 16

amount necessary as demonstrated by the plan spon-17

sor on the application for such special financial as-18

sistance, in accordance with the requirements de-19

scribed in subsection (j). Special financial assistance 20

shall be paid to such plan as soon as practicable 21

upon approval of the application by the corporation. 22

‘‘(2) NO CAP.—Special financial assistance 23

granted by the corporation under this section shall 24

not be capped by the guarantee under 4022A. 25

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•HR 1319 EH

‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FI-1

NANCIAL ASSISTANCE.— 2

‘‘(1) IN GENERAL.—The amount of financial 3

assistance provided to a multiemployer plan eligible 4

for financial assistance under this section shall be 5

such amount required for the plan to pay all benefits 6

due during the period beginning on the date of pay-7

ment of the special financial assistance payment 8

under this section and ending on the last day of the 9

plan year ending in 2051, with no reduction in a 10

participant’s or beneficiary’s accrued benefit as of 11

the date of enactment of this section, except to the 12

extent of a reduction in accordance with section 13

305(e)(8) adopted prior to the plan’s application for 14

special financial assistance under this section, and 15

taking into account the reinstatement of benefits re-16

quired under subsection (k). 17

‘‘(2) PROJECTIONS.—The funding projections 18

for purposes of this section shall be performed on a 19

deterministic basis. 20

‘‘(k) REINSTATEMENT OF SUSPENDED BENEFITS.— 21

The Secretary, in coordination with the Secretary of the 22

Treasury, shall ensure that an eligible multiemployer plan 23

that receives special financial assistance under this sec-24

tion— 25

578

•HR 1319 EH

‘‘(1) reinstates any benefits that were sus-1

pended under section 305(e)(9) or section 4245(a) 2

in accordance with guidance issued by the Secretary 3

of the Treasury pursuant to section 432(k)(1)(B) of 4

the Internal Revenue Code of 1986, effective as of 5

the first month in which the effective date for the 6

special financial assistance occurs, for participants 7

and beneficiaries as of such month; and 8

‘‘(2) provides payments equal to the amount of 9

benefits previously suspended under section 10

305(e)(9) or 4245(a) to any participants or bene-11

ficiaries in pay status as of the effective date of the 12

special financial assistance, payable, as determined 13

by the eligible multiemployer plan— 14

‘‘(A) as a lump sum within 3 months of 15

such effective date; or 16

‘‘(B) in equal monthly installments over a 17

period of 5 years, commencing within 3 months 18

of such effective date, with no adjustment for 19

interest. 20

‘‘(l) WITHDRAWAL LIABILITY.—An employer’s with-21

drawal liability for purposes of this title shall be calculated 22

without taking into account special financial assistance re-23

ceived under this section until the plan year beginning 15 24

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•HR 1319 EH

calendar years after the effective date of the special finan-1

cial assistance. 2

‘‘(m) REQUIRED DISCLOSURE.—An eligible plan that 3

receives special financial assistance under this section 4

shall provide to the corporation, the Secretary of the 5

Treasury, each employer that has an obligation to con-6

tribute to such plan, and each labor organization rep-7

resenting participants employed by such employer, an esti-8

mate of the employer’s share of the plan’s unfunded vested 9

benefits as of the end of each plan year ending after the 10

date of enactment of this section, as determined after tak-11

ing into account any special financial assistance received 12

under this section. Such disclosure shall include a state-13

ment that, due to the special financial assistance provided 14

under this section, the plan will have sufficient resources 15

to pay 100 percent of the plan’s benefit obligations until 16

the last day of the plan year ending in 2051. 17

‘‘(n) RESTRICTIONS ON THE USE OF SPECIAL FI-18

NANCIAL ASSISTANCE.—Special financial assistance re-19

ceived under this section and any earnings thereon may 20

be used by an eligible multiemployer plan to make benefit 21

payments and pay plan expenses. Special financial assist-22

ance and any earnings on such assistance shall be seg-23

regated from other plan assets. Special financial assist-24

580

•HR 1319 EH

ance shall be invested by plans in investment-grade bonds 1

or other investments as permitted by the corporation. 2

‘‘(o) CONDITIONS ON PLANS RECEIVING SPECIAL FI-3

NANCIAL ASSISTANCE.— 4

‘‘(1) IN GENERAL.—The corporation, in con-5

sultation with the Secretary of the Treasury, may 6

impose, by regulation, reasonable conditions on an 7

eligible multiemployer plan that receives special fi-8

nancial assistance relating to increases in future ac-9

crual rates and any retroactive benefit improve-10

ments, allocation of plan assets, reductions in em-11

ployer contribution rates, diversion of contributions 12

to, and allocation of expenses to, other benefit plans, 13

and withdrawal liability. 14

‘‘(2) LIMITATION.—The corporation shall not 15

impose conditions on an eligible multiemployer plan 16

as a condition of, or following receipt of, special fi-17

nancial assistance under this section relating to— 18

‘‘(A) any prospective reduction in plan 19

benefits (including benefits that may be ad-20

justed pursuant to section 305(e)(8)); 21

‘‘(B) plan governance, including selection 22

of, removal of, and terms of contracts with, 23

trustees, actuaries, investment managers, and 24

other service providers; or 25

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•HR 1319 EH

‘‘(C) any funding rules relating to the plan 1

receiving special financial assistance under this 2

section. 3

‘‘(3) PAYMENT OF PREMIUMS.—An eligible 4

multiemployer plan receiving special financial assist-5

ance under this section shall continue to pay all pre-6

miums due under section 4007 for participants and 7

beneficiaries in the plan. 8

‘‘(4) ASSISTANCE NOT CONSIDERED FOR CER-9

TAIN PURPOSES.—An eligible multiemployer plan 10

that receives special financial assistance shall be 11

deemed to be in critical status within the meaning 12

of section 305(b)(2) until the last plan year ending 13

in 2051. 14

‘‘(5) INSOLVENT PLANS.—An eligible multiem-15

ployer plan receiving special financial assistance 16

under this section that subsequently becomes insol-17

vent will be subject to the current rules and guar-18

antee for insolvent plans. 19

‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 20

An eligible multiemployer plan that receives special 21

financial assistance under this section is not eligible 22

to apply for a new suspension of benefits under sec-23

tion 305(e)(9)(G). 24

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•HR 1319 EH

‘‘(p) COORDINATION WITH SECRETARY OF THE 1

TREASURY.—In prescribing the application process for eli-2

gible multiemployer plans to receive special financial as-3

sistance under this section and reviewing applications of 4

such plans, the corporation shall coordinate with the Sec-5

retary of the Treasury in the following manner: 6

‘‘(1) In the case of a plan which has suspended 7

benefits under section 305(e)(9)— 8

‘‘(A) in determining whether to approve 9

the application, the corporation shall consult 10

with the Secretary of the Treasury regarding 11

the plan’s proposed method of reinstating bene-12

fits, as described in the plan’s application and 13

in accordance with guidance issued by the Sec-14

retary of the Treasury, and 15

‘‘(B) the corporation shall consult with the 16

Secretary of the Treasury regarding the amount 17

of special financial assistance needed based on 18

the projected funded status of the plan as of 19

the last day of the plan year ending in 2051, 20

whether the plan proposes to repay benefits 21

over 5 years or as a lump sum, as required by 22

subsection (k)(2), and any other relevant fac-23

tors, as determined by the corporation in con-24

sultation with the Secretary of the Treasury, to 25

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•HR 1319 EH

ensure the amount of assistance is sufficient to 1

meet such requirement and is sufficient to pay 2

benefits as required in subsection (j)(1). 3

‘‘(2) In the case of any plan which proposes in 4

its application to change the assumptions used, as 5

provided in subsection (e)(4), the corporation shall 6

consult with the Secretary of the Treasury regarding 7

such proposed change in assumptions. 8

‘‘(3) If the corporation specifies in regulations 9

or guidance that temporary priority consideration is 10

available for plans which are insolvent within the 11

meaning of section 418E of the Internal Revenue 12

Code of 1986 or likely to become so insolvent or for 13

plans which have suspended benefits under section 14

305(e)(9), or that availability is otherwise based on 15

the funded status of the plan under section 305, as 16

permitted by subsection (d), the corporation shall 17

consult with the Secretary of the Treasury regarding 18

any granting of priority consideration to such 19

plans.’’. 20

(c) PREMIUM RATE INCREASE.—Section 4006(a)(3) 21

of the Employee Retirement Income Security Act of 1974 22

(29 U.S.C. 1306(a)(3)) is amended— 23

(1) in subparagraph (A)— 24

(A) in clause (vi)— 25

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•HR 1319 EH

(i) by inserting ‘‘, and before January 1

1, 2031’’ after ‘‘December 31, 2014,’’; and 2

(ii) by striking ‘‘or’’ at the end; 3

(B) in clause (vii)— 4

(i) by moving the margin 2 ems to the 5

left; and 6

(ii) in subclause (II), by striking the 7

period and inserting ‘‘, or’’; and 8

(C) by adding at the end the following: 9

‘‘(viii) in the case of a multiemployer plan, for 10

plan years beginning after December 31, 2030, $52 11

for each individual who is a participant in such plan 12

during the applicable plan year.’’; and 13

(2) by adding at the end the following: 14

‘‘(N) For each plan year beginning in a calendar year 15

after 2031, there shall be substituted for the dollar 16

amount specified in clause (viii) of subparagraph (A) an 17

amount equal to the greater of— 18

‘‘(i) the product derived by multiplying such 19

dollar amount by the ratio of— 20

‘‘(I) the national average wage index (as 21

defined in section 209(k)(1) of the Social Secu-22

rity Act) for the first of the 2 calendar years 23

preceding the calendar year in which such plan 24

year begins, to 25

585

•HR 1319 EH

‘‘(II) the national average wage index (as 1

so defined) for 2029; and 2

‘‘(ii) such dollar amount for plan years begin-3

ning in the preceding calendar year. 4

If the amount determined under this subparagraph 5

is not a multiple of $1, such product shall be round-6

ed to the nearest multiple of $1.’’. 7

(d) AMENDMENTS TO INTERNAL REVENUE CODE OF 8

1986.— 9

(1) IN GENERAL.—Section 432(a) of the Inter-10

nal Revenue Code of 1986 is amended— 11

(A) by striking ‘‘and’’ at the end of para-12

graph (2)(B), 13

(B) by striking the period at the end of 14

paragraph (3)(B) and inserting ‘‘, and’’, and 15

(C) by adding at the end the following new 16

paragraph: 17

‘‘(4) if the plan is an eligible multiemployer 18

plan which is applying for or receiving special finan-19

cial assistance under section 4262 of the Employee 20

Retirement Income Security Act of 1974, the re-21

quirements of subsection (k) shall apply to the 22

plan.’’. 23

(2) PLANS RECEIVING SPECIAL FINANCIAL AS-24

SISTANCE TO BE IN CRITICAL STATUS.—Section 25

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•HR 1319 EH

432(b) of the Internal Revenue Code of 1986 is 1

amended by adding at the end the following new 2

paragraph: 3

‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL AS-4

SISTANCE.—If an eligible multiemployer plan receiv-5

ing special financial assistance under section 4262 of 6

the Employee Retirement Income Security Act of 7

1974 meets the requirements of subsection (k)(2), 8

notwithstanding the preceding paragraphs of this 9

subsection, the plan shall be deemed to be in critical 10

status for plan years beginning with the plan year 11

in which the effective date for such assistance occurs 12

and ending with the last plan year ending in 2051.’’. 13

(3) RULES RELATING TO ELIGIBLE MULTIEM-14

PLOYER PLANS.—Section 432 of the Internal Rev-15

enue Code of 1986 is amended by adding at the end 16

the following new subsection: 17

‘‘(k) RULES RELATING TO ELIGIBLE MULTIEM-18

PLOYER PLANS.— 19

‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL 20

ASSISTANCE.—In the case of an eligible multiem-21

ployer plan which applies for special financial assist-22

ance under section 4262 of such Act— 23

‘‘(A) IN GENERAL.—Such application shall 24

be submitted in accordance with the require-25

587

•HR 1319 EH

ments of such section, including any guidance 1

issued thereunder by the Pension Benefit Guar-2

anty Corporation. 3

‘‘(B) REINSTATEMENT OF SUSPENDED 4

BENEFITS.—In the case of a plan for which a 5

suspension of benefits has been approved under 6

subsection (e)(9), the application shall describe 7

the manner in which suspended benefits will be 8

reinstated in accordance with paragraph (2)(A) 9

and guidance issued by the Secretary if the 10

plan receives special financial assistance. 11

‘‘(C) AMOUNT OF FINANCIAL ASSIST-12

ANCE.— 13

‘‘(i) IN GENERAL.—In determining 14

the amount of special financial assistance 15

to be specified in its application, an eligible 16

multiemployer plan shall— 17

‘‘(I) use the interest rate used by 18

the plan in its most recently com-19

pleted certification of plan status be-20

fore January 1, 2021, provided that 21

such interest rate does not exceed the 22

interest rate limit, and 23

‘‘(II) for other assumptions, use 24

the assumptions that the plan used in 25

588

•HR 1319 EH

its most recently completed certifi-1

cation of plan status before January 2

1, 2021, unless such assumptions are 3

unreasonable. 4

‘‘(ii) INTEREST RATE.—For purposes 5

of clause (i), the interest rate limit is the 6

rate specified in section 430(h)(2)(C)(iii) 7

(disregarding modifications made under 8

clause (iv) of such section) for the month 9

in which the application for special finan-10

cial assistance is filed by the eligible multi-11

employer plan or the 3 preceding months, 12

with such specified rate increased by 200 13

basis points. 14

‘‘(iii) CHANGES IN ASSUMPTIONS.—If 15

a plan determines that use of one or more 16

prior assumptions is unreasonable, the 17

plan may propose in its application to 18

change such assumptions, provided that 19

the plan discloses such changes in its ap-20

plication and describes why such assump-21

tions are no longer reasonable. The plan 22

may not propose a change to the interest 23

rate otherwise required under this sub-24

589

•HR 1319 EH

section for eligibility or financial assistance 1

amount. 2

‘‘(D) PLANS APPLYING FOR PRIORITY CON-3

SIDERATION.—In the case of a plan applying 4

for special financial assistance under rules pro-5

viding for temporary priority consideration, as 6

provided in paragraph (4)(C), such plan’s appli-7

cation shall be submitted to the Secretary in 8

addition to the Pension Benefit Guaranty Cor-9

poration. 10

‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL AS-11

SISTANCE.—In the case of an eligible multiemployer 12

plan receiving special financial assistance under sec-13

tion 4262 of the Employee Retirement Income Secu-14

rity Act of 1974— 15

‘‘(A) REINSTATEMENT OF SUSPENDED 16

BENEFITS.—The plan shall— 17

‘‘(i) reinstate any benefits that were 18

suspended under subsection (e)(9) or sec-19

tion 4245(a) of the Employee Retirement 20

Income Security Act of 1974, effective as 21

of the first month in which the effective 22

date for the special financial assistance oc-23

curs, for participants and beneficiaries as 24

of such month, and 25

590

•HR 1319 EH

‘‘(ii) provide payments equal to the 1

amount of benefits previously suspended to 2

any participants or beneficiaries in pay 3

status as of the effective date of the special 4

financial assistance, payable, as determined 5

by the plan— 6

‘‘(I) as a lump sum within 3 7

months of such effective date; or 8

‘‘(II) in equal monthly install-9

ments over a period of 5 years, com-10

mencing within 3 months of such ef-11

fective date, with no adjustment for 12

interest. 13

‘‘(B) RESTRICTIONS ON THE USE OF SPE-14

CIAL FINANCIAL ASSISTANCE.—Special financial 15

assistance received by the plan may be used to 16

make benefit payments and pay plan expenses. 17

Such assistance shall be segregated from other 18

plan assets, and shall be invested by the plan 19

in investment-grade bonds or other investments 20

as permitted by regulations or other guidance 21

issued by the Pension Benefit Guaranty Cor-22

poration. 23

‘‘(C) CONDITIONS ON PLANS RECEIVING 24

SPECIAL FINANCIAL ASSISTANCE.— 25

591

•HR 1319 EH

‘‘(i) IN GENERAL.—The Pension Ben-1

efit Guaranty Corporation, in consultation 2

with the Secretary, may impose, by regula-3

tion, reasonable conditions on an eligible 4

multiemployer plan receiving special finan-5

cial assistance relating to increases in fu-6

ture accrual rates and any retroactive ben-7

efit improvements, allocation of plan as-8

sets, reductions in employer contribution 9

rates, diversion of contributions and alloca-10

tion of expenses to other benefit plans, and 11

withdrawal liability. 12

‘‘(ii) LIMITATION.—The Pension Ben-13

efit Guaranty Corporation shall not impose 14

conditions on an eligible multiemployer 15

plan as a condition of, or following receipt 16

of, special financial assistance relating 17

to— 18

‘‘(I) any prospective reduction in 19

plan benefits (including benefits that 20

may be adjusted pursuant to sub-21

section (e)(8)), 22

‘‘(II) plan governance, including 23

selection of, removal of, and terms of 24

contracts with, trustees, actuaries, in-25

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•HR 1319 EH

vestment managers, and other service 1

providers, or 2

‘‘(III) any funding rules relating 3

to the plan. 4

‘‘(D) ASSISTANCE DISREGARDED FOR CER-5

TAIN PURPOSES.— 6

‘‘(i) FUNDING STANDARDS.—Special 7

financial assistance received by the plan 8

shall not be taken into account for deter-9

mining contributions required under sec-10

tion 431. 11

‘‘(ii) INSOLVENT PLANS.—If the plan 12

becomes insolvent within the meaning of 13

section 418E after receiving special finan-14

cial assistance, the plan shall be subject to 15

all rules applicable to insolvent plans. 16

‘‘(E) INELIGIBILITY FOR SUSPENSION OF 17

BENEFITS.—The plan shall not be eligible to 18

apply for a new suspension of benefits under 19

subsection (e)(9)(G). 20

‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— 21

‘‘(A) IN GENERAL.—For purposes of this 22

section, a multiemployer plan is an eligible mul-23

tiemployer plan if— 24

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•HR 1319 EH

‘‘(i) the plan is in critical and declin-1

ing status in any plan year beginning in 2

2020 through 2022, 3

‘‘(ii) a suspension of benefits has been 4

approved with respect to the plan under 5

subsection (e)(9) as of the date of the en-6

actment of this subsection; 7

‘‘(iii) in any plan year beginning in 8

2020 through 2022, the plan is certified by 9

the plan actuary to be in critical status, 10

has a modified funded percentage of less 11

than 40 percent, and has a ratio of active 12

to inactive participants which is less than 13

2 to 3, or 14

‘‘(iv) the plan became insolvent within 15

the meaning of section 418E after Decem-16

ber 16, 2014, and has remained so insol-17

vent and has not been terminated as of the 18

date of enactment of this subsection. 19

‘‘(B) MODIFIED FUNDED PERCENTAGE.— 20

For purposes of subparagraph (A)(iii), the term 21

‘modified funded percentage’ means the per-22

centage equal to a fraction the numerator of 23

which is current value of plan assets (as defined 24

in section 3(26) of the Employee Retirement 25

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•HR 1319 EH

Income Security Act of 1974) and the denomi-1

nator of which is current liabilities (as defined 2

in section 431(c)(6)(D)). 3

‘‘(4) COORDINATION WITH PENSION BENEFIT 4

GUARANTY CORPORATION.—In prescribing the appli-5

cation process for eligible multiemployer plans to re-6

ceive special financial assistance under section 4262 7


1974 and reviewing applications of such plans, the 9

Pension Benefit Guaranty Corporation shall coordi-10

nate with the Secretary in the following manner: 11

‘‘(A) In the case of a plan which has sus-12

pended benefits under subsection (e)(9)— 13

‘‘(i) in determining whether to ap-14

prove the application, such corporation 15

shall consult with the Secretary regarding 16

the plan’s proposed method of reinstating 17

benefits, as described in the plan’s applica-18

tion and in accordance with guidance 19

issued by the Secretary, and 20

‘‘(ii) such corporation shall consult 21

with the Secretary regarding the amount 22

of special financial assistance needed based 23

on the projected funded status of the plan 24

as of the last day of the plan year ending 25

595

•HR 1319 EH

in 2051, whether the plan proposes to 1

repay benefits over 5 years or as a lump 2

sum, as required by paragraph (2)(A)(ii), 3

and any other relevant factors, as deter-4

mined by such corporation in consultation 5

with the Secretary, to ensure the amount 6

of assistance is sufficient to meet such re-7

quirement and is sufficient to pay benefits 8

as required in section 4262(j)(1) of such 9

Act. 10

‘‘(B) In the case of any plan which pro-11

poses in its application to change the assump-12

tions used, as provided in paragraph (1)(C)(iii), 13

such corporation shall consult with the Sec-14

retary regarding such proposed change in as-15

sumptions. 16

‘‘(C) If such corporation specifies in regu-17

lations or guidance that temporary priority con-18

sideration is available for plans which are insol-19

vent within the meaning of section 418E or 20

likely to become so insolvent or for plans which 21

have suspended benefits under subsection 22

(e)(9), or that availability is otherwise based on 23

the funded status of the plan under this sec-24

tion, as permitted by section 4262(d) of such 25

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•HR 1319 EH

Act, such corporation shall consult with the 1

Secretary regarding any granting of priority 2

consideration to such plans.’’. 3

SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM-4

PLOYER PLANS. 5

(a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 6

REVENUE CODE OF 1986.—Section 430(c) of the Internal 7

Revenue Code of 1986 is amended by adding at the end 8

the following new paragraph: 9

‘‘(8) 15-YEAR AMORTIZATION.—With respect to 10

plan years beginning after December 31, 2019 (or, 11

at the election of the plan sponsor, after December 12

31, 2018)— 13

‘‘(A) the shortfall amortization bases for 14

all plan years preceding the first plan year be-15

ginning after December 31, 2019 (or after De-16

cember 31, 2018, whichever is elected), and all 17

shortfall amortization installments determined 18

with respect to such bases, shall be reduced to 19

zero, and 20

‘‘(B) subparagraphs (A) and (B) of para-21

graph (2) shall each be applied by substituting 22

‘15-plan-year period’ for ‘7-plan-year period’.’’. 23

(b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 24

RETIREMENT INCOME SECURITY ACT OF 1974.—Section 25

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•HR 1319 EH

303(c) of the Employee Retirement Income Security Act 1

of 1974 (29 U.S.C. 1083(c)) is amended by adding at the 2

end the following new paragraph: 3

‘‘(8) 15-YEAR AMORTIZATION.—With respect to 4

plan years beginning after December 31, 2019 (or, 5

at the election of the plan sponsor, after December 6

31, 2018)— 7

‘‘(A) the shortfall amortization bases for 8

all plan years preceding the first plan year be-9

ginning after December 31, 2019 (or after De-10

cember 31, 2018, whichever is elected), and all 11

shortfall amortization installments determined 12

with respect to such bases, shall be reduced to 13

zero, and 14

‘‘(B) subparagraphs (A) and (B) of para-15

graph (2) shall each be applied by substituting 16

‘15-plan-year period’ for ‘7-plan-year period’.’’. 17


this section shall apply to plan years beginning after De-19

cember 31, 2018. 20

SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA-21

TION PERCENTAGES FOR SINGLE EMPLOYER 22

PLANS. 23

(a) AMENDMENT TO INTERNAL REVENUE CODE OF 24

1986.— 25

598

•HR 1319 EH

(1) IN GENERAL.—The table contained in sub-1

clause (II) of section 430(h)(2)(C)(iv) of the Inter-2

nal Revenue Code of 1986 is amended to read as fol-3

lows: 4

‘‘If the calendar year is:

The applica-ble min-

imum per-centage is:

The applica-ble max-


Any year in the period starting in 2012 and end-

ing in 2019 ......................................................... 90% 110%


ing in 2025 ......................................................... 95% 105%

2026 ........................................................................ 90% 110%

2027 ........................................................................ 85% 115%

2028 ........................................................................ 80% 120%

2029 ........................................................................ 75% 125%

After 2029 .............................................................. 70% 130%.’’.

(2) FLOOR ON 25-YEAR AVERAGES.—Subclause 5

(I) of section 430(h)(2)(C)(iv) of such Code is 6

amended by adding at the end the following: ‘‘Not-7

withstanding anything in this subclause, if the aver-8

age of the first, second, or third segment rate for 9

any 25-year period is less than 5 percent, such aver-10

age shall be deemed to be 5 percent.’’. 11

(b) AMENDMENTS TO EMPLOYEE RETIREMENT IN-12

COME SECURITY ACT OF 1974.— 13

(1) IN GENERAL.—The table contained in sub-14

clause (II) of section 303(h)(2)(C)(iv) of the Em-15

ployee Retirement Income Security Act of 1974 (29 16

U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as 17

follows: 18

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•HR 1319 EH

‘‘If the calendar year is:

The applica-ble min-


The applica-ble max-



ing in 2019 ......................................................... 90% 110%


ing in 2025 ......................................................... 95% 105%

2026 ........................................................................ 90% 110%

2027 ........................................................................ 85% 115%

2028 ........................................................................ 80% 120%

2029 ........................................................................ 75% 125%

After 2029 .............................................................. 70% 130%.’’.

(2) FLOOR ON 25-YEAR AVERAGES.—Subclause 1

(I) of section 303(h)(2)(C)(iv) of such Act (29 2

U.S.C. 1083(h)(2)(C)(iv)(I)) is amended by adding 3

at the end the following: ‘‘Notwithstanding anything 4

in this subclause, if the average of the first, second, 5

or third segment rate for any 25-year period is less 6

than 5 percent, such average shall be deemed to be 7

5 percent.’’. 8


(A) IN GENERAL.—Section 101(f)(2)(D) of 10

such Act (29 U.S.C. 1021(f)(2)(D)) is amend-11

ed— 12

(i) in clause (i) by striking ‘‘and the 13

Bipartisan Budget Act of 2015’’ both 14

places it appears and inserting ‘‘, the Bi-15

partisan Budget Act of 2015, and the 16

American Rescue Plan Act of 2021’’, and 17

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•HR 1319 EH

(ii) in clause (ii) by striking ‘‘2023’’ 1

and inserting ‘‘2029’’. 2

(B) STATEMENTS.—The Secretary of 3

Labor shall modify the statements required 4

under subclauses (I) and (II) of section 5

101(f)(2)(D)(i) of such Act to conform to the 6

amendments made by this section. 7



this section shall apply with respect to plan years be-10

ginning after December 31, 2019. 11

(2) ELECTION NOT TO APPLY.—A plan sponsor 12

may elect not to have the amendments made by this 13

section apply to any plan year beginning before Jan-14

uary 1, 2021, either (as specified in the election)— 15

(A) for all purposes for which such amend-16

ments apply, or 17

(B) solely for purposes of determining the 18

adjusted funding target attainment percentage 19

under sections 436 of the Internal Revenue 20

Code of 1986 and 206(g) of the Employee Re-21

tirement Income Security Act of 1974 for such 22

plan year. 23

A plan shall not be treated as failing to meet the re-24

quirements of sections 204(g) of such Act and 25

601

•HR 1319 EH

411(d)(6) of such Code solely by reason of an elec-1

tion under this paragraph. 2

SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN-3

IMUM FUNDING STANDARDS FOR COMMU-4

NITY NEWSPAPER PLANS. 5

(a) AMENDMENT TO INTERNAL REVENUE CODE OF 6

1986.—Subsection (m) of section 430 of the Internal Rev-7

enue Code of 1986 is amended to read as follows: 8

‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 9

PLANS.— 10

‘‘(1) IN GENERAL.—An eligible newspaper plan 11

sponsor of a plan under which no participant has 12

had the participant’s accrued benefit increased 13

(whether because of service or compensation) after 14

April 2, 2019, may elect to have the alternative 15

standards described in paragraph (4) apply to such 16

plan. 17

‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 18

The term ‘eligible newspaper plan sponsor’ means 19

the plan sponsor of— 20

‘‘(A) any community newspaper plan, or 21

‘‘(B) any other plan sponsored, as of April 22

2, 2019, by a member of the same controlled 23

group of a plan sponsor of a community news-24

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•HR 1319 EH

paper plan if such member is in the trade or 1

business of publishing 1 or more newspapers. 2

‘‘(3) ELECTION.—An election under paragraph 3

(1) shall be made at such time and in such manner 4

as prescribed by the Secretary. Such election, once 5

made with respect to a plan year, shall apply to all 6

subsequent plan years unless revoked with the con-7

sent of the Secretary. 8

‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-9

ARDS.—The alternative standards described in this 10

paragraph are the following: 11

‘‘(A) INTEREST RATES.— 12


subsection (h)(2)(C) and except as pro-14

vided in clause (ii), the first, second, and 15

third segment rates in effect for any 16

month for purposes of this section shall be 17

8 percent. 18

‘‘(ii) NEW BENEFIT ACCRUALS.—Not-19

withstanding subsection (h)(2), for pur-20

poses of determining the funding target 21

and normal cost of a plan for any plan 22

year, the present value of any benefits ac-23

crued or earned under the plan for a plan 24

year with respect to which an election 25

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•HR 1319 EH

under paragraph (1) is in effect shall be 1

determined on the basis of the United 2

States Treasury obligation yield curve for 3

the day that is the valuation date of such 4

plan for such plan year. 5

‘‘(iii) UNITED STATES TREASURY OB-6

LIGATION YIELD CURVE.—For purposes of 7

this subsection, the term ‘United States 8

Treasury obligation yield curve’ means, 9

with respect to any day, a yield curve 10

which shall be prescribed by the Secretary 11

for such day on interest-bearing obligations 12

of the United States. 13

‘‘(B) SHORTFALL AMORTIZATION BASE.— 14

‘‘(i) PREVIOUS SHORTFALL AMORTIZA-15

TION BASES.—The shortfall amortization 16

bases determined under subsection (c)(3) 17

for all plan years preceding the first plan 18

year to which the election under paragraph 19

(1) applies (and all shortfall amortization 20

installments determined with respect to 21

such bases) shall be reduced to zero under 22

rules similar to the rules of subsection 23

(c)(6). 24

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•HR 1319 EH

‘‘(ii) NEW SHORTFALL AMORTIZATION 1

BASE.—Notwithstanding subsection (c)(3), 2

the shortfall amortization base for the first 3

plan year to which the election under para-4

graph (1) applies shall be the funding 5

shortfall of such plan for such plan year 6

(determined using the interest rates as 7

modified under subparagraph (A)). 8

‘‘(C) DETERMINATION OF SHORTFALL AM-9

ORTIZATION INSTALLMENTS.— 10

‘‘(i) 30-YEAR PERIOD.—Subpara-11

graphs (A) and (B) of subsection (c)(2) 12

shall be applied by substituting ‘30-plan- 13

year’ for ‘7-plan-year’ each place it ap-14

pears. 15

‘‘(ii) NO SPECIAL ELECTION.—The 16

election under subparagraph (D) of sub-17

section (c)(2) shall not apply to any plan 18


(1) applies. 20

‘‘(D) EXEMPTION FROM AT-RISK TREAT-21

MENT.—Subsection (i) shall not apply. 22

‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-23


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‘‘(A) IN GENERAL.—The term ‘community 1

newspaper plan’ means any plan to which this 2

section applies maintained as of December 31, 3

2018, by an employer which— 4

‘‘(i) maintains the plan on behalf of 5

participants and beneficiaries with respect 6

to employment in the trade or business of 7

publishing 1 or more newspapers which 8

were published by the employer at any 9

time during the 11-year period ending on 10

December 20, 2019, 11

‘‘(ii)(I) is not a company the stock of 12

which is publicly traded (on a stock ex-13

change or in an over-the-counter market), 14

and is not controlled, directly or indirectly, 15

by such a company, or 16

‘‘(II) is controlled, directly or indi-17

rectly, during the entire 30-year period 18

ending on December 20, 2019, by individ-19

uals who are members of the same family, 20

and does not publish or distribute a daily 21

newspaper that is carrier-distributed in 22

printed form in more than 5 States, and 23

‘‘(iii) is controlled, directly or indi-24

rectly— 25

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•HR 1319 EH

‘‘(I) by 1 or more persons resid-1

ing primarily in a State in which the 2

community newspaper has been pub-3

lished on newsprint or carrier-distrib-4

uted, 5

‘‘(II) during the entire 30-year 6

period ending on December 20, 2019, 7

by individuals who are members of the 8

same family, 9

‘‘(III) by 1 or more trusts, the 10

sole trustees of which are persons de-11

scribed in subclause (I) or (II), or 12

‘‘(IV) by a combination of per-13

sons described in subclause (I), (II), 14

or (III). 15

‘‘(B) NEWSPAPER.—The term ‘newspaper’ 16

does not include any newspaper (determined 17

without regard to this subparagraph) to which 18

any of the following apply: 19

‘‘(i) Is not in general circulation. 20

‘‘(ii) Is published (on newsprint or 21

electronically) less frequently than 3 times 22

per week. 23

‘‘(iii) Has not ever been regularly 24

published on newsprint. 25

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‘‘(iv) Does not have a bona fide list of 1

paid subscribers. 2

‘‘(C) CONTROL.—A person shall be treated 3

as controlled by another person if such other 4

person possesses, directly or indirectly, the 5

power to direct or cause the direction and man-6

agement of such person (including the power to 7

elect a majority of the members of the board of 8

directors of such person) through the ownership 9

of voting securities. 10

‘‘(6) CONTROLLED GROUP.—For purposes of 11

this subsection, the term ‘controlled group’ means all 12

persons treated as a single employer under sub-13

section (b), (c), (m), or (o) of section 414 as of De-14

cember 20, 2019.’’. 15

(b) AMENDMENT TO EMPLOYEE RETIREMENT IN-16

COME SECURITY ACT OF 1974.—Subsection (m) of section 17

303 of the Employee Retirement Income Security Act of 18

1974 (29 U.S.C. 1083(m)) is amended to read as follows: 19

‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 20

PLANS.— 21

‘‘(1) IN GENERAL.—An eligible newspaper plan 22

sponsor of a plan under which no participant has 23

had the participant’s accrued benefit increased 24

(whether because of service or compensation) after 25

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April 2, 2019, may elect to have the alternative 1

standards described in paragraph (4) apply to such 2

plan. 3

‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 4

The term ‘eligible newspaper plan sponsor’ means 5

the plan sponsor of— 6

‘‘(A) any community newspaper plan, or 7

‘‘(B) any other plan sponsored, as of April 8

2, 2019, by a member of the same controlled 9

group of a plan sponsor of a community news-10

paper plan if such member is in the trade or 11

business of publishing 1 or more newspapers. 12

‘‘(3) ELECTION.—An election under paragraph 13

(1) shall be made at such time and in such manner 14

as prescribed by the Secretary of the Treasury. Such 15

election, once made with respect to a plan year, shall 16

apply to all subsequent plan years unless revoked 17

with the consent of the Secretary of the Treasury. 18

‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-19

ARDS.—The alternative standards described in this 20

paragraph are the following: 21

‘‘(A) INTEREST RATES.— 22


subsection (h)(2)(C) and except as pro-24

vided in clause (ii), the first, second, and 25

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•HR 1319 EH

third segment rates in effect for any 1

month for purposes of this section shall be 2

8 percent. 3

‘‘(ii) NEW BENEFIT ACCRUALS.—Not-4

withstanding subsection (h)(2), for pur-5

poses of determining the funding target 6

and normal cost of a plan for any plan 7

year, the present value of any benefits ac-8

crued or earned under the plan for a plan 9

year with respect to which an election 10

under paragraph (1) is in effect shall be 11

determined on the basis of the United 12

States Treasury obligation yield curve for 13

the day that is the valuation date of such 14

plan for such plan year. 15

‘‘(iii) UNITED STATES TREASURY OB-16

LIGATION YIELD CURVE.—For purposes of 17

this subsection, the term ‘United States 18

Treasury obligation yield curve’ means, 19

with respect to any day, a yield curve 20

which shall be prescribed by the Secretary 21

of the Treasury for such day on interest- 22

bearing obligations of the United States. 23

‘‘(B) SHORTFALL AMORTIZATION BASE.— 24

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•HR 1319 EH

‘‘(i) PREVIOUS SHORTFALL AMORTIZA-1

TION BASES.—The shortfall amortization 2

bases determined under subsection (c)(3) 3

for all plan years preceding the first plan 4


(1) applies (and all shortfall amortization 6

installments determined with respect to 7

such bases) shall be reduced to zero under 8

rules similar to the rules of subsection 9

(c)(6). 10

‘‘(ii) NEW SHORTFALL AMORTIZATION 11

BASE.—Notwithstanding subsection (c)(3), 12

the shortfall amortization base for the first 13

plan year to which the election under para-14

graph (1) applies shall be the funding 15

shortfall of such plan for such plan year 16

(determined using the interest rates as 17

modified under subparagraph (A)). 18

‘‘(C) DETERMINATION OF SHORTFALL AM-19

ORTIZATION INSTALLMENTS.— 20

‘‘(i) 30-YEAR PERIOD.—Subpara-21

graphs (A) and (B) of subsection (c)(2) 22

shall be applied by substituting ‘30-plan- 23

year’ for ‘7-plan-year’ each place it ap-24

pears. 25

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•HR 1319 EH

‘‘(ii) NO SPECIAL ELECTION.—The 1

election under subparagraph (D) of sub-2

section (c)(2) shall not apply to any plan 3


(1) applies. 5

‘‘(D) EXEMPTION FROM AT-RISK TREAT-6

MENT.—Subsection (i) shall not apply. 7

‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-8


‘‘(A) IN GENERAL.—The term ‘community 10

newspaper plan’ means a plan to which this sec-11

tion applies maintained as of December 31, 12

2018, by an employer which— 13

‘‘(i) maintains the plan on behalf of 14

participants and beneficiaries with respect 15

to employment in the trade or business of 16

publishing 1 or more newspapers which 17

were published by the employer at any 18

time during the 11-year period ending on 19

December 20, 2019, 20

‘‘(ii)(I) is not a company the stock of 21

which is publicly traded (on a stock ex-22

change or in an over-the-counter market), 23

and is not controlled, directly or indirectly, 24

by such a company, or 25

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•HR 1319 EH

‘‘(II) is controlled, directly, or indi-1

rectly, during the entire 30-year period 2

ending on December 20, 2019, by individ-3

uals who are members of the same family, 4

and does not publish or distribute a daily 5

newspaper that is carrier-distributed in 6

printed form in more than 5 States, and 7

‘‘(iii) is controlled, directly, or indi-8

rectly— 9

‘‘(I) by 1 or more persons resid-10

ing primarily in a State in which the 11

community newspaper has been pub-12

lished on newsprint or carrier-distrib-13

uted, 14

‘‘(II) during the entire 30-year 15

period ending on December 20, 2019, 16

by individuals who are members of the 17

same family, 18

‘‘(III) by 1 or more trusts, the 19

sole trustees of which are persons de-20

scribed in subclause (I) or (II), or 21

‘‘(IV) by a combination of per-22

sons described in subclause (I), (II), 23

or (III). 24

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•HR 1319 EH

‘‘(B) NEWSPAPER.—The term ‘newspaper’ 1

does not include any newspaper (determined 2

without regard to this subparagraph) to which 3

any of the following apply: 4

‘‘(i) Is not in general circulation. 5

‘‘(ii) Is published (on newsprint or 6

electronically) less frequently than 3 times 7

per week. 8

‘‘(iii) Has not ever been regularly 9

published on newsprint. 10

‘‘(iv) Does not have a bona fide list of 11

paid subscribers. 12

‘‘(C) CONTROL.—A person shall be treated 13

as controlled by another person if such other 14

person possesses, directly or indirectly, the 15

power to direct or cause the direction and man-16

agement of such person (including the power to 17

elect a majority of the members of the board of 18

directors of such person) through the ownership 19

of voting securities. 20

‘‘(6) CONTROLLED GROUP.—For purposes of 21

this subsection, the term ‘controlled group’ means all 22

persons treated as a single employer under sub-23

section (b), (c), (m), or (o) of section 414 of the In-24

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•HR 1319 EH

ternal Revenue Code of 1986 as of December 20, 1

2019. 2

‘‘(7) EFFECT ON PREMIUM RATE CALCULA-3

TION.—In the case of a plan for which an election 4

is made to apply the alternative standards described 5

in paragraph (3), the additional premium under sec-6

tion 4006(a)(3)(E) shall be determined as if such 7

election had not been made.’’. 8


this section shall apply to plan years ending after Decem-10

ber 31, 2017. 11

SEC. 9708. COST OF LIVING ADJUSTMENT FREEZE. 12

(a) IN GENERAL.—Subsection (d) of section 415 of 13

the Internal Revenue Code of 1986 is amended by adding 14

at the end the following new paragraph: 15

‘‘(5) FREEZE ON COST OF LIVING ADJUST-16

MENTS.— 17

‘‘(A) IN GENERAL.—Except as provided in 18

subparagraph (B), in the case of calendar years 19

beginning after December 31, 2030— 20

‘‘(i) no adjustment shall be made 21

under paragraph (1), and 22

‘‘(ii) the dollar amounts as adjusted 23

under such paragraph for calendar year 24

2030 shall apply. 25

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•HR 1319 EH

‘‘(B) EXCEPTION.—Subparagraph (A) 1

shall not apply in the case of a plan maintained 2

pursuant to 1 or more collective bargaining 3

agreements.’’. 4

(b) COMPENSATION LIMIT.—Paragraph (17) of sec-5

tion 401(a) of the Internal Revenue Code of 1986 is 6

amended by adding at the end the following new subpara-7

graph: 8

‘‘(C) FREEZE ON COST OF LIVING ADJUST-9

MENTS.— 10

‘‘(i) IN GENERAL.—Except as pro-11

vided in clause (ii), in the case of calendar 12

years beginning after December 31, 13

2030— 14

‘‘(I) no adjustment shall be made 15

under subparagraph (B), and 16

‘‘(II) the dollar amount as ad-17

justed under such subparagraph for 18

calendar year 2030 shall apply. 19

‘‘(ii) EXCEPTION.—Clause (i) shall 20

not apply in the case of a plan maintained 21

pursuant to 1 or more collective bargaining 22

agreements.’’. 23

(c) CONFORMING AMENDMENTS.— 24

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•HR 1319 EH

(1) Section 45A(c)(3) of the Internal Revenue 1

Code of 1986 is amended by striking ‘‘415(d)’’ and 2

inserting ‘‘415(d) (without regard to paragraph (5) 3

thereof)’’. 4

(2) Section 402(g)(4) of such Code is amended 5

by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 6

regard to paragraph (5) thereof)’’. 7

(3) Section 408(p)(2)(E)(ii) of such Code is 8

amended by striking ‘‘415(d)’’ and inserting ‘‘415(d) 9

(without regard to paragraph (5) thereof)’’. 10

(4) Section 409(o)(2) of such Code is amended 11

by striking ‘‘415(d)’’ and inserting ‘‘415(d) (without 12

regard to paragraph (5) thereof)’’. 13

(5) Section 416(i)(1)(A) of such Code is 14



(6) Section 457(e)(11)(B)(iii) of such Code is 17



(7) Section 457(e)(15)(B) of such Code is 20



(8) Section 664(g)(7)(B) of such Code is 23



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Subtitle I—Child Care for Workers 1

SEC. 9801. CHILD CARE ASSISTANCE. 2

(a) APPROPRIATION.— 3

(1) IN GENERAL.—Section 418(a)(3) of the So-4

cial Security Act (42 U.S.C. 618(a)(3)) is amended 5


‘‘(3) APPROPRIATION.—For grants under this 7

section, there are appropriated $3,550,000,000 for 8

each fiscal year, of which— 9

‘‘(A) $3,375,000,000 shall be available for 10

grants to States; 11

‘‘(B) $100,000,000 shall be available for 12

grants to Indian tribes and tribal organizations; 13

and 14

‘‘(C) $75,000,000 shall be available for 15

grants to territories.’’. 16

(2) CONFORMING AMENDMENT.—Section 17

418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) 18

is amended by striking ‘‘paragraph (3), and remain-19

ing after the reservation described in paragraph (4) 20

and’’ and inserting ‘‘paragraph (3)(A),’’. 21

(b) SUSPENSION OF STATE MATCH REQUIREMENT 22

IN FISCAL YEARS 2021 AND 2022.—With respect to the 23

amounts made available by section 418(a)(3)(A) of the So-24

cial Security Act for each of fiscal years 2021 and 2022, 25

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•HR 1319 EH

section 418(a)(2)(C) of such Act shall be applied and ad-1

ministered with respect to any State that is entitled to 2

receive the entire amount that would be allotted to the 3

State under section 418(a)(2)(B) of such Act for the fiscal 4

year in the absence of this section, as if the Federal med-5

ical assistance percentage for the State for the fiscal year 6

were 100 percent. 7

(c) FUNDING FOR THE TERRITORIES.—Section 8

418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended 9


‘‘(4) TERRITORIES.— 11

‘‘(A) GRANTS.—The Secretary shall use 12

the amounts made available by paragraph 13

(3)(C) to make grants to the territories under 14

this paragraph. 15

‘‘(B) ALLOTMENTS.—The amount de-16

scribed in subparagraph (A) shall be allotted 17

among the territories in proportion to their re-18

spective needs. 19

‘‘(C) REDISTRIBUTION.—The 1st sentence 20

of clause (i) and clause (ii) of paragraph (2)(D) 21

shall apply with respect to the amounts allotted 22

to the territories under this paragraph, except 23

that the 2nd sentence of paragraph (2)(D) shall 24

not apply and the amounts allotted to the terri-25

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•HR 1319 EH

tories that are available for redistribution for a 1

fiscal year shall be redistributed to each terri-2

tory that applies for the additional amounts, to 3

the extent that the Secretary determines that 4

the territory will be able to use the additional 5

amounts to provide child care assistance, in an 6

amount that bears the same ratio to the 7

amount so available for redistribution as the 8

amount allotted to the territory for the fiscal 9

year bears to the total amount allotted to all 10

the territories receiving redistributed funds 11

under this paragraph for the fiscal year. 12

‘‘(D) INAPPLICABILITY OF PAYMENT LIMI-13

TATION.— Section 1108(a) shall not apply with 14

respect to any amount paid under this para-15

graph. 16

‘‘(E) TERRITORY.—In this paragraph, the 17

term ‘territory’ means the Commonwealth of 18

Puerto Rico, the United States Virgin Islands, 19

Guam, American Samoa, and the Common-20

wealth of the Northern Mariana Islands.’’. 21

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•HR 1319 EH

TITLE X—INTERNATIONAL 1

AFFAIRS 2

SEC. 10001. DEPARTMENT OF STATE OPERATIONS. 3


authorized and appropriated to the Secretary of State for 5



until September 30, 2022, for necessary expenses of the 8

Department of State to carry out the authorities, func-9

tions, duties, and responsibilities in the conduct of the for-10

eign affairs of the United States, to prevent, prepare for, 11

and respond to coronavirus domestically or internationally, 12

which shall include maintaining Department of State oper-13

ations. 14

SEC. 10002. UNITED STATES AGENCY FOR INTERNATIONAL 15

DEVELOPMENT OPERATIONS. 16


authorized and appropriated to the Administrator of the 18

United States Agency for International Development for 19



until September 30, 2022, to carry out the provisions of 22

section 667 of the Foreign Assistance Act of 1961 (22 23

U.S.C. 2427) for necessary expenses of the United States 24

Agency for International Development to prevent, prepare 25

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•HR 1319 EH

for, and respond to coronavirus domestically or inter-1

nationally, and for other operations and maintenance re-2

quirements related to coronavirus. 3

SEC. 10003. GLOBAL RESPONSE. 4


available, there is authorized and appropriated to the Sec-6

retary of State for fiscal year 2021, out of any money in 7


to remain available until September 30, 2022, for nec-9

essary expenses to carry out the provisions of section 531 10

of chapter 4 of part II of the Foreign Assistance Act of 11

1961 (22 U.S.C. 2346) as health programs to prevent, 12

prepare for, and respond to coronavirus, which shall in-13

clude recovery from the impacts of such virus and shall 14

be allocated as follows— 15

(1) $905,000,000 to be made available to the 16

United States Agency for International Development 17

for global health activities to prevent, prepare for, 18

and respond to coronavirus, which shall include a 19

contribution to a multilateral vaccine development 20

partnership to support epidemic preparedness; 21

(2) $3,750,000,000 to be made available to the 22

Department of State to support programs for the 23

prevention, treatment, and control of HIV/AIDS in 24

order to prevent, prepare for, and respond to 25

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•HR 1319 EH

coronavirus, including to mitigate the impact on 1

such programs from coronavirus and support recov-2

ery from the impacts of the coronavirus, of which 3

not less than $3,500,000,000 shall be for a United 4

States contribution to the Global Fund to Fight 5

AIDS, Tuberculosis and Malaria; 6

(3) $3,090,000,000 to be made available to the 7

United States Agency for International Development 8

to prevent, prepare for, and respond to coronavirus, 9

which shall include support for international disaster 10

relief, rehabilitation, and reconstruction, for health 11

activities, and to meet emergency food security 12

needs; and 13

(4) $930,000,000 to be made available to pre-14

vent, prepare for, and respond to coronavirus, which 15

shall include activities to address economic and sta-16

bilization requirements resulting from such virus. 17

(b) WAIVER OF LIMITATION.—Any contribution to 18

the Global Fund to Fight AIDS, Tuberculosis and Malaria 19

made pursuant to subsection (a)(2) shall be made avail-20

able notwithstanding section 202(d)(4)(A)(i) of the United 21

States Leadership Against HIV/AIDS, Tuberculosis, and 22

Malaria Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)), and 23

such contribution shall not be considered a contribution 24

for the purpose of applying such section 202(d)(4)(A)(i). 25

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•HR 1319 EH

(c) PERIOD OF AVAILABILITY.—Funds appropriated 1

by this section shall remain available for one additional 2

year if such funds are initially obligated before the expira-3

tion of the period of availability contained in subsection 4

(a). 5

SEC. 10004. HUMANITARIAN RESPONSE. 6


available, there is authorized and appropriated to the Sec-8

retary of State for fiscal year 2021, out of any money in 9


to remain available until September 30, 2022, to carry out 11

the provisions of section 2(a) and (b) of the Migration and 12

Refugee Assistance Act of 1962 (22 U.S.C. 2601(a) and 13

(b)) to prevent, prepare for, and respond to coronavirus. 14

(b) USE OF FUNDS.—Funds appropriated pursuant 15

to this section shall not be made available for the costs 16

of resettling refugees in the United States. 17

(c) PERIOD OF AVAILABILITY.—Funds appropriated 18

by this section shall remain available for one additional 19

year if such funds are initially obligated before the expira-20

tion of the period of availability contained in subsection 21

(a). 22

SEC. 10005. MULTILATERAL ASSISTANCE. 23


authorized and appropriated to the Secretary of State for 25

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•HR 1319 EH



until September 30, 2022, to carry out the provisions of 3

section 301(a) of the Foreign Assistance Act of 1961 (22 4

U.S.C. 2221(a)) to prevent, prepare for, and respond to 5

coronavirus, which shall include support for the priorities 6

and objectives of the United Nations Global Humanitarian 7

Response Plan COVID–19 through voluntary contribu-8

tions to international organizations and programs admin-9

istered by such organizations. 10

TITLE XI—COMMITTEE ON 11

NATURAL RESOURCES 12

SEC. 1101. INDIAN AFFAIRS. 13


made available, there is appropriated for fiscal year 2021, 15


priated, $900,000,000 to remain available until expended, 17

pursuant to the Snyder Act (25 U.S.C. 13), of which— 18

(1) $100,000,000 shall be for Tribal housing 19

improvement; 20

(2) $772,500,000 shall be for Tribal govern-21

ment services, public safety and justice, social serv-22

ices, child welfare assistance, and for other related 23

expenses; 24

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•HR 1319 EH

(3) $7,500,000 shall be for related Federal ad-1

ministrative costs and oversight; and 2

(4) $20,000,000 shall be to provide and deliver 3

potable water. 4

(b) EXCLUSIONS FROM CALCULATION.—Funds ap-5

propriated under subsection (a) shall be excluded from the 6

calculation of funds received by those Tribal governments 7

that participate in the ‘‘Small and Needy’ ’’ program. 8

(c) ONE-TIME BASIS FUNDS.—Funds made available 9

under subsection (a) to Tribes and Tribal organizations 10

under the Indian Self-Determination and Education As-11

sistance Act (25 U.S.C. 5301 et seq.) shall be available 12

on a one-time basis. Such non-recurring funds shall not 13

be part of the amount required by section 106 of the In-14

dian Self-Determination and Education Assistance Act 15

(25 U.S.C. 5325), and such funds shall only be used for 16

the purposes identified in this section. 17

SEC. 1102. UNITED STATES FISH AND WILDLIFE SERVICE. 18

(a) INSPECTION, INTERDICTION, AND RESEARCH RE-19

LATED TO CERTAIN SPECIES AND COVID–19.—In addi-20

tion to amounts otherwise made available, there is appro-21

priated for fiscal year 2021, out of any money in the 22

Treasury not otherwise appropriated, $95,000,000 to re-23

main available until expended, to carry out the provisions 24

of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 25

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•HR 1319 EH

seq.) and the Fish and Wildlife Coordination Act (16 1

U.S.C. 661 et seq.) through direct expenditure, contracts, 2

and grants, of which— 3

(1) $20,000,000 shall be for wildlife inspec-4

tions, interdictions, investigations, and related activi-5

ties, and for efforts to address wildlife trafficking; 6

(2) $30,000,000 shall be for the care of captive 7

species listed under the Endangered Species Act of 8

1973, for the care of rescued and confiscated wild-9

life, and for the care of Federal trust species in fa-10

cilities experiencing lost revenues due to COVID–19; 11

and 12

(3) $45,000,000 shall be for research and ex-13

tension activities to strengthen early detection, rapid 14

response, and science-based management to address 15

wildlife disease outbreaks before they become 16

pandemics and strengthen capacity for wildlife 17

health monitoring to enhance early detection of dis-18

eases that have capacity to jump the species barrier 19

and pose a risk in the United States, including the 20

development of a national wildlife disease database. 21

(b) LACEY ACT PROVISIONS.—In addition to 22



not otherwise appropriated, $10,000,000, to remain avail-25

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•HR 1319 EH

able until expended, to carry out the provisions of section 1

42(a) of title 18, United States Code, and the Lacey Act 2

Amendments of 1981 (16 U.S.C. 3371–3378) to identify 3

and designate wildlife species, or larger taxonomic groups 4

of species, as injurious under such provisions if they trans-5

mit a pathogen that could potentially pose a risk to human 6

health and develop regulations to develop a process to 7

make emergency listings for injurious species. 8

TITLE XII—COMMITTEE ON 9

SCIENCE, SPACE, AND TECH-10

NOLOGY 11

SEC. 12001. NATIONAL INSTITUTE OF STANDARDS AND 12

TECHNOLOGY. 13


there are appropriated to the National Institute of Stand-15

ards and Technology for fiscal year 2021, out of any 16



2022, to fund awards for research, development, and 19

testbeds to prevent, prepare for, and respond to 20

coronavirus. None of the funds provided by this section 21

shall be subject to cost share requirements. 22

SEC. 12002. NATIONAL SCIENCE FOUNDATION. 23


there are appropriated to the National Science Foundation 25

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•HR 1319 EH



available until September 30, 2022, to fund or extend new 3

and existing research grants, cooperative agreements, 4

scholarships, fellowships, and apprenticeships, and related 5

administrative expenses to prevent, prepare for, and re-6

spond to coronavirus. 7

Passed the House of Representatives February 27

(legislative day February 26), 2021.

Attest:

Clerk.

11

7T

HC

ON

GR

ES

S

1S

TS

ES

SIO

N

H. R

. 1319 A

N A

CT

T

o p

rovid

e for reco

ncilia

tion

pu

rsuan

t to title II o

f S

. Con

. Res. 5

.

h. r. 1319 - congress

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