In the Senate of the United States,In the Senate of the United States, March 6 (legislative day,...

In the Senate of the United States, March 6 (legislative day, March 5), 2021.

Resolved, That the bill from the House of Representa-

tives (H.R. 1319) entitled ‘‘An Act to provide for reconcili-

ation pursuant to title II of S. Con. Res. 5.’’, do pass with

the following

AMENDMENT:

Strike all after the first word and insert the fol-

lowing:

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, NUTRITION, AND

FORESTRY

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.

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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 ranchers.

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 associ-

ated expenses.

Subtitle B—Nutrition

Sec. 1101. Supplemental nutrition assistance program.

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

provements.

Sec. 1103. Additional funding for nutrition assistance programs.

Sec. 1104. Commodity supplemental food program.

Sec. 1105. Improvements to WIC benefits.

Sec. 1106. WIC program modernization.

Sec. 1107. Meals and supplements reimbursements for individuals who have not

attained the age of 25.

Sec. 1108. Pandemic EBT program.

TITLE II—COMMITTEE ON HEALTH, EDUCATION, LABOR, AND

PENSIONS

Subtitle A—Education Matters

PART 1—DEPARTMENT OF EDUCATION

Sec. 2001. Elementary and Secondary School Emergency Relief Fund.

Sec. 2002. Emergency assistance to non-public schools.

Sec. 2003. Higher Education Emergency Relief Fund.

Sec. 2004. Maintenance of effort and maintenance of equity.

Sec. 2005. Outlying areas.

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.

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

higher education.

Sec. 2014. Funding for the Individuals with Disabilities Education Act.

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.

Subtitle B—Labor Matters

Sec. 2101. Funding for Department of Labor worker protection activities.

Subtitle C—Human Services and Community Supports

Sec. 2201. Child Care and Development Block Grant Program.

Sec. 2202. Child Care Stabilization.

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Sec. 2203. Head Start.

Sec. 2204. Programs for survivors.

Sec. 2205. Child abuse prevention and treatment.

Sec. 2206. Corporation for National and Community Service and the National

Service Trust.

Subtitle D—Public Health

Sec. 2301. Funding for COVID–19 vaccine activities at the Centers for Disease

Control and Prevention.

Sec. 2302. Funding for vaccine confidence activities.

Sec. 2303. Funding for supply chain for COVID–19 vaccines, therapeutics, and

medical supplies.

Sec. 2304. Funding for COVID–19 vaccine, therapeutic, and device activities at

the Food and Drug Administration.

Sec. 2305. Reduced cost-sharing.

Subtitle E—Testing

Sec. 2401. Funding for COVID–19 testing, contact tracing, and mitigation ac-

tivities.

Sec. 2402. Funding for SARS–CoV–2 genomic sequencing and surveillance.

Sec. 2403. Funding for global health.

Sec. 2404. Funding for data modernization and forecasting center.

Subtitle F—Public Health Workforce

Sec. 2501. Funding for public health workforce.

Sec. 2502. Funding for Medical Reserve Corps.

Subtitle G—Public Health Investments

Sec. 2601. Funding for community health centers and community care.

Sec. 2602. Funding for National Health Service Corps.

Sec. 2603. Funding for Nurse Corps.

Sec. 2604. Funding for teaching health centers that operate graduate medical edu-

cation.

Sec. 2605. Funding for family planning.

Subtitle H—Mental Health and Substance Use Disorder

Sec. 2701. Funding for block grants for community mental health services.

Sec. 2702. Funding for block grants for prevention and treatment of substance

abuse.

Sec. 2703. Funding for mental health and substance use disorder training for

health care professionals, paraprofessionals, and public safety of-

ficers.

Sec. 2704. Funding for education and awareness campaign encouraging healthy

work conditions and use of mental health and substance use dis-

order services by health care professionals.

Sec. 2705. Funding for grants for health care providers to promote mental health

among their health professional workforce.

Sec. 2706. Funding for community-based funding for local substance use disorder

services.

Sec. 2707. Funding for community-based funding for local behavioral health

needs.

Sec. 2708. Funding for the National Child Traumatic Stress Network.

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Sec. 2709. Funding for Project AWARE.

Sec. 2710. Funding for youth suicide prevention.

Sec. 2711. Funding for behavioral health workforce education and training.

Sec. 2712. Funding for pediatric mental health care access.

Sec. 2713. Funding for expansion grants for certified community behavioral

health clinics.

Subtitle I—Exchange Grant Program

Sec. 2801. Establishing a grant program for Exchange modernization.

Subtitle J—Continued Assistance to Rail Workers

Sec. 2901. Additional enhanced benefits under the Railroad Unemployment In-

surance Act.

Sec. 2902. Extended unemployment benefits under the Railroad Unemployment

Insurance Act.

Sec. 2903. Extension of waiver of the 7-day waiting period for benefits under the

Railroad Unemployment Insurance Act.

Sec. 2904. Railroad Retirement Board and Office of the Inspector General fund-

ing.

Subtitle K—Ratepayer Protection

Sec. 2911. Funding for LIHEAP.

Sec. 2912. Funding for water assistance program.

Subtitle L—Assistance for Older Americans, Grandfamilies, and Kinship

Families

Sec. 2921. Supporting older americans and their families.

Sec. 2922. National Technical Assistance Center on Grandfamilies and Kinship

Families.

TITLE III—COMMITTEE ON BANKING, HOUSING, AND URBAN

AFFAIRS

Subtitle A—Defense Production Act of 1950

Sec. 3101. COVID–19 emergency medical supplies enhancement.

Subtitle B—Housing Provisions

Sec. 3201. Emergency rental assistance.

Sec. 3202. Emergency housing vouchers.

Sec. 3203. Emergency assistance for rural housing.

Sec. 3204. Housing counseling.

Sec. 3205. Homelessness assistance and supportive services program.

Sec. 3206. Homeowner Assistance Fund.

Sec. 3207. Relief measures for section 502 and 504 direct loan borrowers.

Sec. 3208. Fair housing activities.

Subtitle C—Small Business (SSBCI)

Sec. 3301. State Small Business Credit Initiative.

Subtitle D—Public Transportation

Sec. 3401. Federal Transit Administration grants.

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TITLE IV—COMMITTEE ON HOMELAND SECURITY AND

GOVERNMENTAL AFFAIRS

Sec. 4001. Emergency Federal Employee Leave Fund.

Sec. 4002. Funding for the Government Accountability Office.

Sec. 4003. Pandemic Response Accountability Committee funding availability.

Sec. 4004. Funding for the White House.

Sec. 4005. Federal Emergency Management Agency appropriation.

Sec. 4006. Funeral assistance.

Sec. 4007. Emergency food and shelter program funding.

Sec. 4008. Humanitarian relief.

Sec. 4009. Cybersecurity and Infrastructure Security Agency.

Sec. 4010. Appropriation for the United States Digital Service.

Sec. 4011. Appropriation for the Technology Modernization Fund.

Sec. 4012. Appropriation for the Federal Citizen Services Fund.

Sec. 4013. AFG and SAFER program funding.

Sec. 4014. Emergency management performance grant funding.

Sec. 4015. Extension of reimbursement authority for Federal contractors.

Sec. 4016. Eligibility for workers’ compensation benefits for Federal employees di-

agnosed with COVID–19.

TITLE V—COMMITTEE ON SMALL BUSINESS AND

ENTREPRENEURSHIP

Sec. 5001. Modifications to paycheck protection program.

Sec. 5002. Targeted EIDL advance.

Sec. 5003. Support for restaurants.

Sec. 5004. Community navigator pilot program.

Sec. 5005. Shuttered venue operators.

Sec. 5006. Direct appropriations.

TITLE VI—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

Sec. 6001. Economic adjustment assistance.

Sec. 6002. Funding for pollution and disparate impacts of the COVID–19 pan-

demic.

Sec. 6003. United States Fish and Wildlife Service.

TITLE VII—COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Subtitle A—Transportation and Infrastructure

Sec. 7101. Grants to the National Railroad Passenger Corporation.

Sec. 7102. Relief for airports.

Sec. 7103. Emergency FAA Employee Leave Fund.

Sec. 7104. Emergency TSA Employee Leave Fund.

Subtitle B—Aviation Manufacturing Jobs Protection

Sec. 7201. Definitions.

Sec. 7202. Payroll support program.

Subtitle C—Airlines

Sec. 7301. Air Transportation Payroll Support Program Extension.

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Subtitle D—Consumer Protection and Commerce Oversight

Sec. 7401. Funding for consumer product safety fund to protect consumers from

potentially dangerous products related to COVID–19.

Sec. 7402. Funding for E-Rate support for emergency educational connections

and devices.

Sec. 7403. Funding for Department of Commerce Inspector General.

Sec. 7404. Federal Trade Commission funding for COVID–19 related work.

Subtitle E—Science and Technology

Sec. 7501. National Institute of Standards and Technology.

Sec. 7502. National Science Foundation.

Subtitle F—Corporation for Public Broadcasting

Sec. 7601. Support for the Corporation for Public Broadcasting.

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 emer-

gency relating to COVID–19.

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

TITLE IX—COMMITTEE ON FINANCE

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 entities

and nonprofit organizations.

Sec. 9013. Extension of Federal Pandemic Unemployment Compensation.

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

ular 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.

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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.

PART 4—OTHER PROVISIONS

Sec. 9041. Extension of limitation on excess business losses of noncorporate tax-

payers.

Sec. 9042. Suspension of tax on portion of unemployment compensation.

Subtitle B—Emergency Assistance to Families Through Home Visiting

Programs

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

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.

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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 assistance.

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.

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 credits

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 un-

employment 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 trans-

actions.

Sec. 9675. Modification of treatment of student loan forgiveness.

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 multiem-

ployer 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 com-

munity newspaper plans.

Sec. 9708. Expansion of limitation on excessive employee remuneration.

Subtitle I—Child Care for Workers

Sec. 9801. Child care assistance.

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Subtitle J—Medicaid

Sec. 9811. Mandatory coverage of COVID–19 vaccines and administration and

treatment under Medicaid.

Sec. 9812. Modifications to certain coverage under Medicaid for pregnant and

postpartum women.

Sec. 9813. State option to provide qualifying community-based mobile crisis

intervention services.

Sec. 9814. Temporary increase in FMAP for medical assistance under State Med-

icaid plans which begin to expend amounts for certain manda-

tory individuals.

Sec. 9815. Extension of 100 percent Federal medical assistance percentage to

Urban Indian Health Organizations and Native Hawaiian

Health Care Systems.

Sec. 9816. Sunset of limit on maximum rebate amount for single source drugs

and innovator multiple source drugs.

Sec. 9817. Additional support for Medicaid home and community-based services

during the COVID–19 emergency.

Sec. 9818. Funding for State strike teams for resident and employee safety in

nursing facilities.

Sec. 9819. Special rule for the period of a declared public health emergency re-

lated to coronavirus.

Subtitle K—Children’s Health Insurance Program

Sec. 9821. Mandatory coverage of COVID–19 vaccines and administration and

treatment under CHIP.

Sec. 9822. Modifications to certain coverage under CHIP for pregnant and

postpartum women.

Subtitle L—Medicare

Sec. 9831. Floor on the Medicare area wage index for hospitals in all-urban

States.

Sec. 9832. Secretarial authority to temporarily waive or modify application of

certain Medicare requirements with respect to ambulance serv-

ices furnished during certain emergency periods.

Sec. 9833. Funding for Office of Inspector General.

Subtitle M—Coronavirus State and Local Fiscal Recovery Funds

Sec. 9901. Coronavirus State and Local Fiscal Recovery Funds.

Subtitle N—Other Provisions

Sec. 9911. Funding for providers relating to COVID–19.

Sec. 9912. Extension of customs user fees.

TITLE X—COMMITTEE ON FOREIGN RELATIONS

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.

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TITLE XI—COMMITTEE ON INDIAN AFFAIRS

Sec. 11001. Indian Health Service.

Sec. 11002. Bureau of Indian Affairs.

Sec. 11003. Housing assistance and supportive services programs for Native

Americans.

Sec. 11004. COVID–19 response resources for the preservation and maintenance

of Native American languages.

Sec. 11005. Bureau of Indian Education.

Sec. 11006. American Indian, Native Hawaiian, and Alaska Native education.

TITLE I—COMMITTEE ON AGRI-1

CULTURE, NUTRITION, AND 2

FORESTRY 3

Subtitle A—Agriculture 4

SEC. 1001. FOOD SUPPLY CHAIN AND AGRICULTURE PAN-5

DEMIC RESPONSE. 6

(a) APPROPRIATION.—In addition to amounts other-7

wise available, there is appropriated to the Secretary of Ag-8

riculture for fiscal year 2021, out of any money in the 9

Treasury not otherwise appropriated, $4,000,000,000, to re-10

main available until expended, to carry out this section. 11

(b) USE OF FUNDS.—The Secretary of Agriculture 12

shall use the amounts made available pursuant to sub-13

section (a)— 14

(1) to purchase food and agricultural commod-15

ities; 16

(2) to purchase and distribute agricultural com-17

modities (including fresh produce, dairy, seafood, 18

eggs, and meat) to individuals in need, including 19

through delivery to nonprofit organizations and 20

through restaurants and other food related entities, as 21

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determined by the Secretary, that may receive, store, 1

process, and distribute food items; 2

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

midsized food processors or distributors, seafood proc-4

essing facilities and processing vessels, farmers mar-5

kets, producers, or other organizations to respond to 6

COVID–19, including for measures to protect workers 7

against COVID–19; and 8

(4) to make loans and grants and provide other 9

assistance to maintain and improve food and agricul-10

tural supply chain resiliency. 11

(c) ANIMAL HEALTH.— 12

(1) COVID–19 ANIMAL SURVEILLANCE.—The 13

Secretary of Agriculture shall conduct monitoring 14

and surveillance of susceptible animals for incidence 15

of SARS–CoV–2. 16

(2) FUNDING.—Out of the amounts made avail-17

able under subsection (a), the Secretary shall use 18

$300,000,000 to carry out this subsection. 19

(d) OVERTIME FEES.— 20

(1) SMALL ESTABLISHMENT; VERY SMALL ESTAB-21

LISHMENT DEFINITIONS.—The terms ‘‘small establish-22

ment’’ and ‘‘very small establishment’’ have the mean-23

ing given those terms in the final rule entitled 24

‘‘Pathogen Reduction; Hazard Analysis and Critical 25

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Control Point (HACCP) Systems’’ published in the 1

Federal Register on July 25, 1996 (61 Fed. Reg. 2

38806). 3

(2) OVERTIME INSPECTION COST REDUCTION.— 4

Notwithstanding section 10703 of the Farm Security 5

and Rural Investment Act of 2002 (7 U.S.C. 2219a), 6

the Act of June 5, 1948 (21 U.S.C. 695), section 25 7

of the Poultry Products Inspection Act (21 U.S.C. 8

468), and section 24 of the Egg Products Inspection 9

Act (21 U.S.C. 1053), and any regulations promul-10

gated by the Department of Agriculture implementing 11

such provisions of law and subject to the availability 12

of funds under paragraph (3), the Secretary of Agri-13

culture shall reduce the amount of overtime inspection 14

costs borne by federally-inspected small establishments 15

and very small establishments engaged in meat, poul-16

try, or egg products processing and subject to the re-17

quirements of the Federal Meat Inspection Act (21 18

U.S.C. 601 et seq.), the Poultry Products Inspection 19

Act (21 U.S.C. 451 et seq.), or the Egg Products In-20

spection Act (21 U.S.C. 1031 et seq.), for inspection 21

activities carried out during the period of fiscal years 22

2021 through 2030. 23

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(3) FUNDING.—Out of the amounts made avail-1

able under subsection (a), the Secretary shall use 2

$100,000,000 to carry out this subsection. 3

SEC. 1002. EMERGENCY RURAL DEVELOPMENT GRANTS FOR 4

RURAL HEALTH CARE. 5

(a) GRANTS.—The Secretary of Agriculture (in this 6

section referred to as the ‘‘Secretary’’) shall use the funds 7

made available by this section to establish an emergency 8

pilot program for rural development not later than 150 9

days after the date of enactment of this Act to provide 10

grants to eligible applicants (as defined in section 11

3570.61(a) of title 7, Code of Federal Regulations) to be 12

awarded by the Secretary based on rural development needs 13

related to the COVID–19 pandemic. 14

(b) USES.—An eligible applicant to whom a grant is 15

awarded under this section may use the grant funds for 16

costs, including those incurred prior to the issuance of the 17

grant, as determined by the Secretary, of facilities which 18

primarily serve rural areas (as defined in section 19

343(a)(13)(C) of the Consolidated Farm and Rural Devel-20

opment Act (7 U.S.C. 1991(a)(13)(C)), which are located 21

in a rural area, the median household income of the popu-22

lation to be served by which is less than the greater of the 23

poverty line or the applicable percentage (determined under 24

section 3570.63(b) of title 7, Code of Federal Regulations) 25

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of the State nonmetropolitan median household income, and 1

for which the performance of any construction work com-2

pleted with grant funds shall meet the condition set forth 3

in section 9003(f) of the Farm Security and Rural Invest-4

ment Act of 2002 (7 U.S.C. 8103(f)), to— 5

(1) increase capacity for vaccine distribution; 6

(2) provide medical supplies to increase medical 7

surge capacity; 8

(3) reimburse for revenue lost during the 9

COVID–19 pandemic, including revenue losses in-10

curred prior to the awarding of the grant; 11

(4) increase telehealth capabilities, including un-12

derlying health care information systems; 13

(5) construct temporary or permanent structures 14

to provide health care services, including vaccine ad-15

ministration or testing; 16

(6) support staffing needs for vaccine adminis-17

tration or testing; and 18

(7) engage in any other efforts to support rural 19

development determined to be critical to address the 20

COVID–19 pandemic, including nutritional assist-21

ance to vulnerable individuals, as approved by the 22

Secretary. 23

(c) FUNDING.—In addition to amounts otherwise 24

available, there is appropriated to the Secretary for fiscal 25

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year 2021, out of any money in the Treasury not otherwise 1

appropriated, $500,000,000, to remain available until Sep-2

tember 30, 2023, to carry out this section, of which not more 3

than 3 percent may be used by the Secretary for adminis-4

trative purposes and not more than 2 percent may be used 5

by the Secretary for technical assistance as defined in sec-6

tion 306(a)(26) of the Consolidated Farm and Rural Devel-7

opment Act (7 U.S.C. 1926(a)(26)). 8

SEC. 1003. PANDEMIC PROGRAM ADMINISTRATION FUNDS. 9

In addition to amounts otherwise available, there are 10

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

Treasury not otherwise appropriated, $47,500,000, to re-12

main available until expended, for necessary administrative 13

expenses associated with carrying out this subtitle. 14

SEC. 1004. FUNDING FOR THE USDA OFFICE OF INSPECTOR 15

GENERAL FOR OVERSIGHT OF COVID–19-RE-16

LATED PROGRAMS. 17

In addition to amounts otherwise made available, 18

there is appropriated to the Office of the Inspector General 19

of the Department of Agriculture for fiscal year 2021, out 20

of any money in the Treasury not otherwise appropriated, 21

$2,500,000, to remain available until September 30, 2022, 22

for audits, investigations, and other oversight activities of 23

projects and activities carried out with funds made avail-24

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able to the Department of Agriculture related to the 1

COVID–19 pandemic. 2

SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DIS-3

ADVANTAGED FARMERS AND RANCHERS. 4

(a) PAYMENTS.— 5

(1) APPROPRIATION.—In addition to amounts 6

otherwise available, there is appropriated to the Sec-7

retary for fiscal year 2021, out of amounts in the 8

Treasury not otherwise appropriated, such sums as 9

may be necessary, to remain available until expended, 10

for the cost of loan modifications and payments under 11

this section. 12

(2) PAYMENTS.—The Secretary shall provide a 13

payment in an amount up to 120 percent of the out-14

standing indebtedness of each socially disadvantaged 15

farmer or rancher as of January 1, 2021, to pay off 16

the loan directly or to the socially disadvantaged 17

farmer or rancher (or a combination of both), on 18

each— 19

(A) direct farm loan made by the Secretary 20

to the socially disadvantaged farmer or rancher; 21

and 22

(B) farm loan guaranteed by the Secretary 23

the borrower of which is the socially disadvan-24

taged farmer or rancher. 25

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(b) DEFINITIONS.—In this section: 1

(1) FARM LOAN.—The term ‘‘farm loan’’ 2

means— 3

(A) a loan administered by the Farm Serv-4

ice Agency under subtitle A, B, or C of the Con-5

solidated Farm and Rural Development Act (7 6

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

(B) a Commodity Credit Corporation Farm 8

Storage Facility Loan. 9

(2) SECRETARY.—The term ‘‘Secretary’’ means 10

the Secretary of Agriculture. 11

(3) SOCIALLY DISADVANTAGED FARMER OR 12

RANCHER.—The term ‘‘socially disadvantaged farmer 13

or rancher’’ has the meaning given the term in section 14

2501(a) of the Food, Agriculture, Conservation, and 15

Trade Act of 1990 (7 U.S.C. 2279(a)). 16

SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR SOCIALLY 17

DISADVANTAGED FARMERS, RANCHERS, FOR-18

EST LAND OWNERS AND OPERATORS, AND 19

GROUPS. 20



riculture for fiscal year 2021, out of any money in the 23



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(b) ASSISTANCE.—The Secretary of Agriculture shall 1

use the amounts made available pursuant to subsection (a) 2

for purposes described in this subsection by— 3

(1) using not less than 5 percent of the total 4

amount of funding provided under subsection (a) to 5

provide outreach, mediation, financial training, ca-6

pacity building training, cooperative development 7

training and support, and other technical assistance 8

on issues concerning food, agriculture, agricultural 9

credit, agricultural extension, rural development, or 10

nutrition to socially disadvantaged farmers, ranchers, 11

or forest landowners, or other members of socially dis-12

advantaged groups; 13



provide grants and loans to improve land access for 16

socially disadvantaged farmers, ranchers, or forest 17

landowners, including issues related to heirs’ property 18

in a manner as determined by the Secretary; 19

(3) using not less than 0.5 percent of the total 20


fund the activities of one or more equity commissions 22

that will address racial equity issues within the De-23

partment of Agriculture and its programs; 24

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support and supplement agricultural research, edu-3

cation, and extension, as well as scholarships and 4

programs that provide internships and pathways to 5

Federal employment, by— 6

(A) using not less than 1 percent of the total 7

amount of funding provided under subsection (a) 8

at colleges or universities eligible to receive funds 9

under the Act of August 30, 1890 (commonly 10

known as the ‘‘Second Morrill Act’’) (7 U.S.C. 11

321 et seq.), including Tuskegee University; 12

(B) using not less than 1 percent of the 13

total amount of funding provided under sub-14

section (a) at 1994 Institutions (as defined in 15

section 532 of the Equity in Educational Land- 16

Grant Status Act of 1994 (7 U.S.C. 301 note; 17

Public Law 103–382)); 18

(C) using not less than 1 percent of the total 19

amount of funding provided under subsection (a) 20

at Alaska Native serving institutions and Native 21

Hawaiian serving institutions eligible to receive 22

grants under subsections (a) and (b), respec-23

tively, of section 1419B of the National Agricul-24

20

† HR 1319 EAS

tural Research, Extension, and Teaching Policy 1

Act of 1977 (7 U.S.C. 3156); 2

(D) using not less than 1 percent of the 3


section (a) at Hispanic-serving institutions eligi-5

ble to receive grants under section 1455 of the 6

National Agricultural Research, Extension, and 7

Teaching Policy Act of 1977 (7 U.S.C. 3241); 8

and 9

(E) using not less than 1 percent of the 10


section (a) at the insular area institutions of 12

higher education located in the territories of the 13

United States, as referred to in section 1489 of 14

the National Agricultural Research, Extension, 15

and Teaching Policy Act of 1977 (7 U.S.C. 16

3361); and 17



provide financial assistance to socially disadvantaged 20

farmers, ranchers, or forest landowners that are 21

former farm loan borrowers that suffered related ad-22

verse actions or past discrimination or bias in De-23

partment of Agriculture programs, as determined by 24

the Secretary. 25

21

† HR 1319 EAS

(c) DEFINITIONS.—In this section: 1

(1) NONINDUSTRIAL PRIVATE FOREST LAND.— 2

The term ‘‘nonindustrial private forest land’’ has the 3

meaning given the term in section 1201(a)(18) of the 4

Food Security Act of 1985 (16 U.S.C. 3801(a)(18)). 5

(2) SOCIALLY DISADVANTAGED FARMER, RANCH-6

ER, OR FOREST LANDOWNER.—The term ‘‘socially dis-7

advantaged farmer, rancher, or forest landowner’’ 8

means a farmer, rancher, or owner or operator of 9

nonindustrial private forest land who is a member of 10

a socially disadvantaged group. 11

(3) SOCIALLY DISADVANTAGED GROUP.—The 12

term ‘‘socially disadvantaged group’’ has the meaning 13

given the term in section 2501(a) of the Food, Agri-14

culture, Conservation, and Trade Act of 1990 (7 15

U.S.C. 2279(a)). 16

SEC. 1007. USE OF THE COMMODITY CREDIT CORPORATION 17

FOR COMMODITIES AND ASSOCIATED EX-18

PENSES. 19


there are appropriated for fiscal year 2021, out of any 21

money in the Treasury not otherwise appropriated, 22

$800,000,000, to remain available until September 30, 23

2022, to use the Commodity Credit Corporation to acquire 24

and make available commodities under section 406(b) of the 25

22

† HR 1319 EAS

Food for Peace Act (7 U.S.C. 1736(b)) and for expenses 1

under such section. 2

Subtitle B—Nutrition 3

SEC. 1101. SUPPLEMENTAL NUTRITION ASSISTANCE PRO-4

GRAM. 5

(a) VALUE OF BENEFITS.—Section 702(a) of division 6

N of the Consolidated Appropriations Act, 2021 (Public 7

Law 116–260) is amended by striking ‘‘June 30, 2021’’ and 8

inserting ‘‘September 30, 2021’’. 9

(b) SNAP ADMINISTRATIVE EXPENSES.—In addition 10

to amounts otherwise available, there is hereby appro-11

priated for fiscal year 2021, out of any amounts in the 12


main available until September 30, 2023, with amounts to 14

be obligated for each of fiscal years 2021, 2022, and 2023, 15

for the costs of State administrative expenses associated 16

with carrying out this section and administering the sup-17

plemental nutrition assistance program established under 18

the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 19

of which— 20

(1) $15,000,000 shall be for necessary expenses of 21

the Secretary of Agriculture (in this section referred 22

to as the ‘‘Secretary’’) for management and oversight 23

of the program; and 24

23

† HR 1319 EAS

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

make grants to each State agency for each of fiscal 2

years 2021 through 2023 as follows: 3

(A) 75 percent of the amounts available 4

shall be allocated to States based on the share of 5

each State of households that participate in the 6

supplemental nutrition assistance program as 7

reported to the Department of Agriculture for the 8

most recent 12-month period for which data are 9

available, adjusted by the Secretary (as of the 10

date of the enactment of this Act) for participa-11

tion in disaster programs under section 5(h) of 12

the Food and Nutrition Act of 2008 (7 U.S.C. 13

2014(h)); and 14

(B) 25 percent of the amounts available 15

shall be allocated to States based on the increase 16

in the number of households that participate in 17

the supplemental nutrition assistance program 18

as reported to the Department of Agriculture 19

over the most recent 12-month period for which 20

data are available, adjusted by the Secretary (as 21

of the date of the enactment of this Act) for par-22

ticipation in disaster programs under section 23

5(h) of the Food and Nutrition Act of 2008 (7 24

U.S.C. 2014(h)). 25

24

† HR 1319 EAS

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 subsection 10

(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 tech-16

nology; 17

(3) to support the mobile technologies demonstra-18

tion projects and the use of mobile technologies au-19

thorized under section 7(h)(14) of the Food and Nu-20

trition Act of 2008 (7 U.S.C. 2016(h)(14)); and 21

(4) to provide technical assistance to educate re-22

tailers on the process and technical requirements for 23

the online acceptance of the supplemental nutrition 24

assistance program benefits, for mobile payments, and 25

25

† HR 1319 EAS

for electronic benefit transfer modernization initia-1

tives. 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 addition’’; 9

and 10

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

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

funds made available, there is appropriated for fiscal year 13

2021, out of any money in the Treasury not otherwise ap-14

propriated, $1,000,000,000 to remain available until Sep-15

tember 30, 2027, for the Secretary of Agriculture to provide 16

grants to the Commonwealth of Northern Mariana Islands, 17

Puerto Rico, and American Samoa for nutrition assistance, 18

of which $30,000,000 shall be available to provide grants 19

to the Commonwealth of Northern Mariana Islands for such 20

assistance.’’. 21

SEC. 1104. COMMODITY SUPPLEMENTAL FOOD PROGRAM. 22


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

in the Treasury not otherwise appropriated, $37,000,000, 25

26

† HR 1319 EAS

to remain available until September 30, 2022, for activities 1

authorized by section 4(a) of the Agriculture and Consumer 2

Protection Act of 1973 (7 U.S.C. 612c note). 3

SEC. 1105. IMPROVEMENTS TO WIC BENEFITS. 4

(a) DEFINITIONS.—In this section: 5

(1) APPLICABLE PERIOD.—The term ‘‘applicable 6

period’’ means a period— 7

(A) beginning after the date of enactment of 8

this Act, as selected by a State agency; and 9

(B) ending not later than the earlier of— 10

(i) 4 months after the date described in 11

subparagraph (A); or 12

(ii) September 30, 2021. 13

(2) CASH-VALUE VOUCHER.—The term ‘‘cash- 14

value voucher’’ has the meaning given the term in sec-15

tion 246.2 of title 7, Code of Federal Regulations (as 16

in effect on the date of the enactment of this Act). 17

(3) PROGRAM.—The term ‘‘program’’ means the 18

special supplemental nutrition program for women, 19

infants, and children established by section 17 of the 20

Child Nutrition Act of 1966 (42 U.S.C. 1786). 21

(4) QUALIFIED FOOD PACKAGE.—The term 22

‘‘qualified food package’’ means each of the following 23

food packages (as defined in section 246.10(e) of title 24

27

† HR 1319 EAS

7, Code of Federal Regulations (as in effect on the 1

date of the enactment of this Act)): 2

(A) Food package III–Participants with 3

qualifying conditions. 4

(B) Food Package IV–Children 1 through 4 5

years. 6

(C) Food Package V–Pregnant and par-7

tially (mostly) breastfeeding women. 8

(D) Food Package VI–Postpartum women. 9

(E) Food Package VII–Fully breastfeeding. 10



(6) STATE AGENCY.—The term ‘‘State agency’’ 13

has the meaning given the term in section 17(b) of the 14

Child Nutrition Act of 1966 (42 U.S.C. 1786(b)). 15

(b) AUTHORITY TO INCREASE AMOUNT OF CASH- 16

VALUE VOUCHER.—During the public health emergency de-17

clared by the Secretary of Health and Human Services 18

under section 319 of the Public Health Service Act (42 19

U.S.C. 247d) on January 31, 2020, with respect to the 20

Coronavirus Disease 2019 (COVID–19), and in response to 21

challenges relating to that public health emergency, the Sec-22

retary may, in carrying out the program, increase the 23

amount of a cash-value voucher under a qualified food pack-24

age to an amount that is less than or equal to $35. 25

28

† HR 1319 EAS

(c) APPLICATION OF INCREASED AMOUNT OF CASH- 1

VALUE VOUCHER TO STATE AGENCIES.— 2

(1) NOTIFICATION.—An increase to the amount 3

of a cash-value voucher under subsection (b) shall 4

apply to any State agency that notifies the Secretary 5

of— 6

(A) the intent to use that increased amount, 7

without further application; and 8

(B) the applicable period selected by the 9

State agency during which that increased 10

amount shall apply. 11

(2) USE OF INCREASED AMOUNT.—A State agen-12

cy that makes a notification to the Secretary under 13

paragraph (1) shall use the increased amount de-14

scribed in that paragraph— 15

(A) during the applicable period described 16

in that notification; and 17

(B) only during a single applicable period. 18

(d) SUNSET.—The authority of the Secretary under 19

subsection (b), and the authority of a State agency to in-20

crease the amount of a cash-value voucher under subsection 21

(c), shall terminate on September 30, 2021. 22

(e) FUNDING.—In addition to amounts otherwise made 23

available, there is appropriated to the Secretary, out of 24

funds in the Treasury not otherwise appropriated, 25

29

† HR 1319 EAS

$490,000,000 to carry out this section, to remain available 1

until September 30, 2022. 2

SEC. 1106. WIC PROGRAM MODERNIZATION. 3

In addition to amounts otherwise available, there are 4

appropriated to the Secretary of Agriculture, out of 5

amounts in the Treasury not otherwise appropriated, 6

$390,000,000 for fiscal year 2021, to remain available until 7

September 30, 2024, to carry out outreach, innovation, and 8

program modernization efforts, including appropriate 9

waivers and flexibility, to increase participation in and re-10

demption of benefits under programs established under sec-11

tion 17 of the Child Nutrition Act of 1966 (7 U.S.C. 1431), 12

except that such waivers may not relate to the content of 13

the WIC Food Packages (as defined in section 246.10(e) of 14

title 7, Code of Federal Regulations (as in effect on the date 15

of enactment of this Act)), or the nondiscrimination re-16

quirements under section 246.8 of title 7, Code of Federal 17

Regulations (as in effect on the date of enactment of this 18

Act). 19

SEC. 1107. MEALS AND SUPPLEMENTS REIMBURSEMENTS 20

FOR INDIVIDUALS WHO HAVE NOT ATTAINED 21

THE AGE OF 25. 22

(a) PROGRAM FOR AT-RISK SCHOOL CHILDREN.—Be-23

ginning on the date of enactment of this section, notwith-24

standing paragraph (1)(A) of section 17(r) of the Richard 25

30

† HR 1319 EAS

B. Russell National School Lunch Act (42 U.S.C. 1766(r)), 1

during the COVID–19 public health emergency declared 2


U.S.C. 247d), the Secretary shall reimburse institutions 4

that are emergency shelters under such section 17(r) (42 5

U.S.C. 1766(r)) for meals and supplements served to indi-6

viduals who, at the time of such service— 7

(1) have not attained the age of 25; and 8

(2) are receiving assistance, including non-resi-9

dential assistance, from such emergency shelter. 10

(b) PARTICIPATION BY EMERGENCY SHELTERS.—Be-11

ginning on the date of enactment of this section, notwith-12

standing paragraph (5)(A) of section 17(t) of the Richard 13

B. Russell National School Lunch Act (42 U.S.C. 1766(t)), 14

during the COVID–19 public health emergency declared 15


U.S.C. 247d), the Secretary shall reimburse emergency shel-17

ters under such section 17(t) (42 U.S.C. 1766(t)) for meals 18

and supplements served to individuals who, at the time of 19

such service have not attained the age of 25. 20

(c) DEFINITIONS.—In this section: 21

(1) EMERGENCY SHELTER.—The term ‘‘emer-22

gency shelter’’ has the meaning given the term under 23

section 17(t)(1) of the Richard B. Russell National 24

School Lunch Act (42 U.S.C. 1766(t)(1)). 25

31

† HR 1319 EAS



SEC. 1108. PANDEMIC EBT PROGRAM. 3

Section 1101 of the Families First Coronavirus Re-4

sponse Act (7 U.S.C. 2011 note; Public Law 116–127) is 5

amended— 6

(1) in subsection (a)— 7

(A) by striking ‘‘During fiscal years 2020 8

and 2021’’ and inserting ‘‘In any school year in 9

which there is a public health emergency des-10

ignation’’; and 11

(B) by inserting ‘‘or in a covered summer 12

period following a school session’’ after ‘‘in ses-13

sion’’; 14

(2) in subsection (g), by striking ‘‘During fiscal 15

year 2020, the’’ and inserting ‘‘The’’; 16

(3) in subsection (h)(1)— 17

(A) by inserting ‘‘either’’ after ‘‘at least 1 18

child enrolled in such a covered child care facil-19

ity and’’; and 20

(B) by inserting ‘‘or a Department of Agri-21

culture grant-funded nutrition assistance pro-22

gram in the Commonwealth of the Northern 23

Mariana Islands, Puerto Rico, or American 24

32

† HR 1319 EAS

Samoa’’ before ‘‘shall be eligible to receive assist-1

ance’’; 2

(4) by redesignating subsections (i) and (j) as 3

subsections (j) and (k), respectively; 4

(5) by inserting after subsection (h) the fol-5

lowing: 6

‘‘(i) EMERGENCIES DURING SUMMER.—The Secretary 7

of Agriculture may permit a State agency to extend a State 8

agency plan approved under subsection (b) for not more 9

than 90 days for the purpose of operating the plan during 10

a covered summer period, during which time schools par-11

ticipating in the school lunch program under the Richard 12

B. Russell National School Lunch Act or the school break-13

fast program under section 4 of the Child Nutrition Act 14

of 1966 (42 U.S.C. 1773 ) and covered child care facilities 15

shall be deemed closed for purposes of this section.’’; 16

(6) in subsection (j) (as so redesignated)— 17

(A) by redesignating paragraphs (2) 18

through (6) as paragraphs (3) through (7), re-19

spectively; 20

(B) by inserting after paragraph (1) the fol-21

lowing: 22

‘‘(2) COVERED SUMMER PERIOD.—The term ‘cov-23

ered summer period’ means a summer period that fol-24

33

† HR 1319 EAS

lows a school year during which there was a public 1

health emergency designation.’’; and 2

(C) in paragraph (5) (as so redesignated), 3

by striking ‘‘or another coronavirus with pan-4

demic potential’’; and 5

(7) in subsection (k) (as so redesignated), by in-6

serting ‘‘Federal agencies,’’ before ‘‘State agencies’’. 7

TITLE II—COMMITTEE ON 8

HEALTH, EDUCATION, LABOR, 9

AND PENSIONS 10

Subtitle A—Education Matters 11

PART 1—DEPARTMENT OF EDUCATION 12

SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMER-13

GENCY RELIEF FUND. 14

(a) IN GENERAL.—In addition to amounts otherwise 15

available through the Education Stabilization Fund, there 16

is appropriated to the Department of Education for fiscal 17


appropriated, $122,774,800,000, to remain available 19

through September 30, 2023, to carry out this section. 20

(b) GRANTS.—From funds provided under subsection 21

(a), the Secretary shall— 22

(1) use $800,000,000 for the purposes of identi-23

fying homeless children and youth and providing 24

homeless children and youth with— 25

34

† HR 1319 EAS

(A) wrap-around services in light of the 1

challenges of COVID–19; and 2

(B) assistance needed to enable homeless 3

children and youth to attend school and partici-4

pate fully in school activities; and 5

(2) from the remaining amounts, make grants to 6

each State educational agency in accordance with this 7

section. 8

(c) ALLOCATIONS TO STATES.—The amount of each 9

grant under subsection (b) shall be allocated by the Sec-10

retary to each State in the same proportion as each State 11

received under part A of title I of the Elementary and Sec-12

ondary Education Act of 1965 in the most recent fiscal 13

year. 14

(d) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-15

CIES.— 16

(1) IN GENERAL.—Each State shall allocate not 17

less than 90 percent of the grant funds awarded to the 18

State under this section as subgrants to local edu-19

cational agencies (including charter schools that are 20

local educational agencies) in the State in proportion 21

to the amount of funds such local educational agencies 22

and charter schools that are local educational agencies 23

received under part A of title I of the Elementary and 24

35

† HR 1319 EAS

Secondary Education Act of 1965 in the most recent 1

fiscal year. 2

(2) AVAILABILITY OF FUNDS.—Each State shall 3

make allocations under paragraph (1) to local edu-4

cational agencies in an expedited and timely manner 5

and, to the extent practicable, not later than 60 days 6

after the receipt of such funds. 7

(e) USES OF FUNDS.—A local educational agency that 8

receives funds under this section— 9

(1) shall reserve not less than 20 percent of such 10

funds to address learning loss through the implemen-11

tation of evidence-based interventions, such as sum-12

mer learning or summer enrichment, extended day, 13

comprehensive afterschool programs, or extended 14

school year programs, and ensure that such interven-15

tions respond to students’ academic, social, and emo-16

tional needs and address the disproportionate impact 17

of the coronavirus on the student subgroups described 18

in section 1111(b)(2)(B)(xi) of the Elementary and 19

Secondary Education Act of 1965 (20 U.S.C. 20

6311(b)(2)(B)(xi)), students experiencing homeless-21

ness, and children and youth in foster care; and 22

(2) shall use the remaining funds for any of the 23

following: 24

36

† HR 1319 EAS

(A) Any activity authorized by the Elemen-1

tary and Secondary Education Act of 1965. 2

(B) Any activity authorized by the Individ-3

uals with Disabilities Education Act. 4

(C) Any activity authorized by the Adult 5

Education and Family Literacy Act. 6

(D) Any activity authorized by the Carl D. 7

Perkins Career and Technical Education Act of 8

2006. 9

(E) Coordination of preparedness and re-10

sponse efforts of local educational agencies with 11

State, local, Tribal, and territorial public health 12

departments, and other relevant agencies, to im-13

prove coordinated responses among such entities 14

to prevent, prepare for, and respond to 15

coronavirus. 16

(F) Activities to address the unique needs of 17

low-income children or students, children with 18

disabilities, English learners, racial and ethnic 19

minorities, students experiencing homelessness, 20

and foster care youth, including how outreach 21

and service delivery will meet the needs of each 22

population. 23

37

† HR 1319 EAS

(G) Developing and implementing proce-1

dures and systems to improve the preparedness 2

and response efforts of local educational agencies. 3

(H) Training and professional development 4

for staff of the local educational agency on sani-5

tation and minimizing the spread of infectious 6

diseases. 7

(I) Purchasing supplies to sanitize and 8

clean the facilities of a local educational agency, 9

including buildings operated by such agency. 10

(J) Planning for, coordinating, and imple-11

menting activities during long-term closures, in-12

cluding providing meals to eligible students, pro-13

viding technology for online learning to all stu-14

dents, providing guidance for carrying out re-15

quirements under the Individuals with Disabil-16

ities Education Act and ensuring other edu-17

cational services can continue to be provided 18

consistent with all Federal, State, and local re-19

quirements. 20

(K) Purchasing educational technology (in-21

cluding hardware, software, and connectivity) 22

for students who are served by the local edu-23

cational agency that aids in regular and sub-24

stantive educational interaction between students 25

38

† HR 1319 EAS

and their classroom instructors, including low- 1

income students and children with disabilities, 2

which may include assistive technology or adapt-3

ive equipment. 4

(L) Providing mental health services and 5

supports, including through the implementation 6

of evidence-based full-service community schools. 7

(M) Planning and implementing activities 8

related to summer learning and supplemental 9

afterschool programs, including providing class-10

room instruction or online learning during the 11

summer months and addressing the needs of low- 12

income students, children with disabilities, 13

English learners, migrant students, students ex-14

periencing homelessness, and children in foster 15

care. 16

(N) Addressing learning loss among stu-17

dents, including low-income students, children 18

with disabilities, English learners, racial and 19

ethnic minorities, students experiencing home-20

lessness, and children and youth in foster care, 21

of the local educational agency, including by— 22

(i) administering and using high-qual-23

ity assessments that are valid and reliable, 24

to accurately assess students’ academic 25

39

† HR 1319 EAS

progress and assist educators in meeting 1

students’ academic needs, including through 2

differentiating instruction; 3

(ii) implementing evidence-based ac-4

tivities to meet the comprehensive needs of 5

students; 6

(iii) providing information and assist-7

ance to parents and families on how they 8

can effectively support students, including 9

in a distance learning environment; and 10

(iv) tracking student attendance and 11

improving student engagement in distance 12

education. 13

(O) School facility repairs and improve-14

ments to enable operation of schools to reduce 15

risk of virus transmission and exposure to envi-16

ronmental health hazards, and to support stu-17

dent health needs. 18

(P) Inspection, testing, maintenance, re-19

pair, replacement, and upgrade projects to im-20

prove the indoor air quality in school facilities, 21

including mechanical and non-mechanical heat-22

ing, ventilation, and air conditioning systems, 23

filtering, purification and other air cleaning, 24

40

† HR 1319 EAS

fans, control systems, and window and door re-1

pair and replacement. 2

(Q) Developing strategies and implementing 3

public health protocols including, to the greatest 4

extent practicable, policies in line with guidance 5

from the Centers for Disease Control and Preven-6

tion for the reopening and operation of school fa-7

cilities to effectively maintain the health and 8

safety of students, educators, and other staff. 9

(R) Other activities that are necessary to 10

maintain the operation of and continuity of 11

services in local educational agencies and con-12

tinuing to employ existing staff of the local edu-13

cational agency. 14

(f) STATE FUNDING.—With funds not otherwise allo-15

cated under subsection (d), a State— 16

(1) shall reserve not less than 5 percent of the 17

total amount of grant funds awarded to the State 18

under this section to carry out, directly or through 19

grants or contracts, activities to address learning loss 20

by supporting the implementation of evidence-based 21

interventions, such as summer learning or summer 22

enrichment, extended day, comprehensive afterschool 23

programs, or extended school year programs, and en-24

sure that such interventions respond to students’ aca-25

41

† HR 1319 EAS

demic, social, and emotional needs and address the 1

disproportionate impact of the coronavirus on the stu-2

dent subgroups described in section 1111(b)(2)(B)(xi) 3

of the Elementary and Secondary Education Act of 4

1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experi-5

encing homelessness, and children and youth in foster 6

care, including by providing additional support to 7

local educational agencies to fully address such im-8

pacts; 9




grants or contracts, the implementation of evidence- 13

based summer enrichment programs, and ensure such 14

programs respond to students’ academic, social, and 15

emotional needs and address the disproportionate im-16

pact of the coronavirus on the student populations de-17

scribed in section 1111(b)(2)(B)(xi) of the Elementary 18

and Secondary Education Act of 1965 (20 U.S.C. 19

6311(b)(2)(B)(xi)), students experiencing homeless-20

ness, and children and youth in foster care; 21




grants or contracts, the implementation of evidence- 25

42

† HR 1319 EAS

based comprehensive afterschool programs, and ensure 1

such programs respond to students’ academic, social, 2

and emotional needs and address the disproportionate 3

impact of the coronavirus on the student populations 4

described in section 1111(b)(2)(B)(xi) of the Elemen-5

tary and Secondary Education Act of 1965 (20 6

U.S.C. 6311(b)(2)(B)(xi)), students experiencing 7

homelessness, and children and youth in foster care; 8

and 9

(4) may reserve not more than one-half of 1 per-10

cent of the total amount of grant funds awarded to 11

the State under this section for administrative costs 12

and the remainder for emergency needs as determined 13

by the State educational agency to address issues re-14

sponding to coronavirus, which may be addressed 15

through the use of grants or contracts. 16

(g) REALLOCATION.—A State shall return to the Sec-17

retary any funds received under this section that the State 18

does not award within 1 year of receiving such funds and 19

the Secretary shall reallocate such funds to the remaining 20

States in accordance with subsection (c). 21

(h) DEFINITIONS.—In this section— 22

(1) the terms ‘‘child’’, ‘‘children with disabil-23

ities’’, ‘‘distance education’’, ‘‘elementary school’’, 24

‘‘English learner’’, ‘‘evidence-based’’, ‘‘secondary 25

43

† HR 1319 EAS

school’’, ‘‘local educational agency’’, ‘‘parent’’, ‘‘Sec-1

retary’’, ‘‘State educational agency’’, and ‘‘tech-2

nology’’ have the meanings given those terms in sec-3

tion 8101 of the Elementary and Secondary Edu-4

cation Act of 1965 (20 U.S.C. 7801); 5

(2) the term ‘‘full-service community school’’ has 6

the meaning given that term in section 4622(2) of the 7

Elementary and Secondary Education Act of 1965 8

(20 U.S.C. 7272(2)); and 9

(3) the term ‘‘State’’ means each of the 50 States, 10

the District of Columbia, and the Commonwealth of 11

Puerto Rico. 12

(i) SAFE RETURN TO IN-PERSON INSTRUCTION.— 13

(1) IN GENERAL.—A local educational agency re-14

ceiving funds under this section shall develop and 15

make publicly available on the local educational agen-16

cy’s website, not later than 30 days after receiving the 17

allocation of funds described in paragraph (d)(1), a 18

plan for the safe return to in-person instruction and 19

continuity of services. 20

(2) COMMENT PERIOD.—Before making the plan 21

described in paragraph (1) publicly available, the 22

local educational agency shall seek public comment on 23

the plan and take such comments into account in the 24

development of the plan. 25

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(3) PREVIOUS PLANS.—If a local educational 1

agency has developed a plan for the safe return to in- 2

person instruction before the date of enactment of this 3

Act that meets the requirements described in para-4

graphs (1) and (2), such plan shall be deemed to sat-5

isfy the requirements under this subsection. 6

SEC. 2002. EMERGENCY ASSISTANCE TO NON-PUBLIC 7

SCHOOLS. 8


available through the Emergency Assistance to Non-Public 10

Schools Program, there is appropriated to the Department 11

of Education for fiscal year 2021, out of any money in the 12


main available through September 30, 2023, for making al-14

locations to Governors under the Emergency Assistance to 15

Non-Public Schools Program to provide services or assist-16

ance to non-public schools that enroll a significant percent-17

age of low-income students and are most impacted by the 18

qualifying emergency. 19

(b) LIMITATIONS.—Funds provided under subsection 20

(a) shall not be used to provide reimbursements to any non- 21

public school. 22

SEC. 2003. HIGHER EDUCATION EMERGENCY RELIEF FUND. 23

In addition to amounts otherwise available, there is 24

appropriated to the Department of Education for fiscal 25

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† HR 1319 EAS


appropriated, $39,584,570,000, to remain available through 2

September 30, 2023, for making allocations to institutions 3

of higher education in accordance with the same terms and 4

conditions of section 314 of the Coronavirus Response and 5

Relief Supplemental Appropriations Act, 2021 (division M 6

of Public Law 116–260), except that— 7

(1) subsection (a)(1) of such section 314 shall be 8

applied by substituting ‘‘91 percent’’ for ‘‘89 percent’’; 9


applied— 11

(A) in the matter preceding subparagraph 12

(A), by substituting ‘‘under the heading ‘Higher 13

Education’ in the Department of Education Ap-14

propriations Act, 2020’’ for ‘‘in the Further Con-15

solidated Appropriations Act, 2020 (Public Law 16

116–94)’’; and 17

(B) in subparagraph (B), by substituting 18

‘‘under the heading ‘Higher Education’ in the 19

Department of Education Appropriations Act, 20

2020’’ for ‘‘in the Further Consolidated Appro-21

priations Act, 2020 (Public Law 116–94)’’; 22

(3) an institution that receives an allocation ap-23

portioned in accordance with clause (iii) of subsection 24

(a)(2)(A) of such section 314 that has a total endow-25

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† HR 1319 EAS

ment size of less than $1,000,000 (including an insti-1

tution that does not have an endowment) shall be 2

treated by the Secretary as having a total endowment 3

size of $1,000,000 for the purposes of such clause (iii); 4


applied by substituting ‘‘1 percent’’ for ‘‘3 percent’’; 6

(5) except as provided in paragraphs (7) and (9) 7

of subsection (d) of such section 314, an institution 8

shall use a portion of funds received under this sec-9

tion to— 10

(A) implement evidence-based practices to 11

monitor and suppress coronavirus in accordance 12

with public health guidelines; and 13

(B) conduct direct outreach to financial aid 14

applicants about the opportunity to receive a fi-15

nancial aid adjustment due to the recent unem-16

ployment of a family member or independent 17

student, or other circumstances, described in sec-18

tion 479A of the Higher Education Act of 1965 19

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

(6) the following shall not apply to funds pro-21

vided or received in accordance with this section— 22

(A) subsection (b) of such section 314; 23

(B) paragraph (2) of subsection (c) of such 24

section 314; 25

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

(8) of subsection (d) of such section 314; 2

(D) subsections (e) and (f) of such section 3

314; and 4

(E) section 316 of the Coronavirus Response 5

and Relief Supplemental Appropriations Act, 6

2021 (division M of Public Law 116–260); and 7

(7) an institution that receives an allocation 8

under this section apportioned in accordance with 9

subparagraphs (A) through (D) of subsection (a)(1) of 10

such section 314 shall use not less than 50 percent of 11

such allocation to provide emergency financial aid 12

grants to students in accordance with subsection 13

(c)(3) of such section 314. 14

SEC. 2004. MAINTENANCE OF EFFORT AND MAINTENANCE 15

OF EQUITY. 16

(a) STATE MAINTENANCE OF EFFORT.— 17

(1) IN GENERAL.—As a condition of receiving 18

funds under section 2001, a State shall maintain sup-19

port for elementary and secondary education, and for 20

higher education (which shall include State funding 21

to institutions of higher education and State need- 22

based financial aid, and shall not include support for 23

capital projects or for research and development or 24

tuition and fees paid by students), in each of fiscal 25

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† HR 1319 EAS

years 2022 and 2023 at least at the proportional lev-1

els of such State’s support for elementary and sec-2

ondary education and for higher education relative to 3

such State’s overall spending, averaged over fiscal 4

years 2017, 2018, and 2019. 5

(2) WAIVER.—For the purpose of relieving fiscal 6

burdens incurred by States in preventing, preparing 7

for, and responding to the coronavirus, the Secretary 8

of Education may waive any maintenance of effort 9

requirements associated with the Education Stabiliza-10

tion Fund. 11

(b) STATE MAINTENANCE OF EQUITY.— 12

(1) HIGH-NEED LOCAL EDUCATIONAL AGEN-13

CIES.—As a condition of receiving funds under sec-14

tion 2001, a State educational agency shall not, in 15

fiscal year 2022 or 2023, reduce State funding (as 16

calculated on a per-pupil basis) for any high-need 17

local educational agency in the State by an amount 18

that exceeds the overall per-pupil reduction in State 19

funds, if any, across all local educational agencies in 20

such State in such fiscal year. 21

(2) HIGHEST POVERTY LOCAL EDUCATIONAL 22

AGENCIES.—Notwithstanding paragraph (1), as a 23

condition of receiving funds under section 2001, a 24

State educational agency shall not, in fiscal year 25

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† HR 1319 EAS

2022 or 2023, reduce State funding (as calculated on 1

a per-pupil basis) for any highest poverty local edu-2

cational agency below the level of funding (as cal-3

culated on a per-pupil basis) provided to each such 4

local educational agency in fiscal year 2019. 5

(c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF 6

EQUITY FOR HIGH-POVERTY SCHOOLS.— 7

(1) IN GENERAL.—As a condition of receiving 8

funds under section 2001, a local educational agency 9

shall not, in fiscal year 2022 or 2023— 10

(A) reduce per-pupil funding (from com-11

bined State and local funding) for any high-pov-12

erty school served by such local educational agen-13

cy by an amount that exceeds— 14

(i) the total reduction in local edu-15

cational agency funding (from combined 16

State and local funding) for all schools 17

served by the local educational agency in 18

such fiscal year (if any); divided by 19

(ii) the number of children enrolled in 20

all schools served by the local educational 21

agency in such fiscal year; or 22

(B) reduce per-pupil, full-time equivalent 23

staff in any high-poverty school by an amount 24

that exceeds— 25

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(i) the total reduction in full-time 1

equivalent staff in all schools served by such 2

local educational agency in such fiscal year 3

(if any); divided by 4

(ii) the number of children enrolled in 5

all schools served by the local educational 6

agency in such fiscal year. 7

(2) EXCEPTION.—Paragraph (1) shall not apply 8

to a local educational agency in fiscal year 2022 or 9

2023 that meets at least 1 of the following criteria in 10

such fiscal year: 11

(A) Such local educational agency has a 12

total enrollment of less than 1,000 students. 13

(B) Such local educational agency operates 14

a single school. 15

(C) Such local educational agency serves all 16

students within each grade span with a single 17

school. 18

(D) Such local educational agency dem-19

onstrates an exceptional or uncontrollable cir-20

cumstance, such as unpredictable changes in stu-21

dent enrollment or a precipitous decline in the 22

financial resources of such agency, as determined 23

by the Secretary of Education. 24

(d) DEFINITIONS.—In this section: 25

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(1) ELEMENTARY EDUCATION; SECONDARY EDU-1

CATION.—The terms ‘‘elementary education’’ and 2

‘‘secondary education’’ have the meaning given such 3

terms under State law. 4

(2) HIGHEST POVERTY LOCAL EDUCATIONAL 5

AGENCY.—The term ‘‘highest poverty local educational 6

agency’’ means a local educational agency that is 7

among the group of local educational agencies in the 8

State that— 9

(A) in rank order, have the highest percent-10

ages of economically disadvantaged students in 11

the State, on the basis of the most recent satisfac-12

tory data available from the Department of 13

Commerce (or, for local educational agencies for 14

which no such data are available, such other 15

data as the Secretary of Education determines 16

are satisfactory); and 17

(B) collectively serve not less than 20 per-18

cent of the State’s total enrollment of students 19

served by all local educational agencies in the 20

State. 21

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.— 22

The term ‘‘high-need local educational agency’’ means 23

a local educational agency that is among the group 24

of local educational agencies in the State that— 25

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(A) in rank order, have the highest percent-1

ages of economically disadvantaged students in 2

the State, on the basis of the most recent satisfac-3

tory data available from the Department of 4

Commerce (or, for local educational agencies for 5

which no such data are available, such other 6

data as the Secretary of Education determines 7

are satisfactory); and 8

(B) collectively serve not less than 50 per-9

cent of the State’s total enrollment of students 10

served by all local educational agencies in the 11

State. 12

(4) HIGH-POVERTY SCHOOL.— 13

(A) IN GENERAL.—The term ‘‘high-poverty 14

school’’ means, with respect to a school served by 15

a local educational agency, a school that is in 16

the highest quartile of schools served by such 17

local educational agency based on the percentage 18

of economically disadvantaged students served, 19

as determined by the State in accordance with 20

subparagraph (B). 21

(B) DETERMINATION.—In making the deter-22

mination under subparagraph (A), a State shall 23

select a measure of poverty established for the 24

purposes of this paragraph by the Secretary of 25

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Education and apply such measure consistently 1

to all schools in the State. 2

(5) OVERALL PER-PUPIL REDUCTION IN STATE 3

FUNDS.—The term ‘‘overall per-pupil reduction in 4

State funds’’ means, with respect to a fiscal year— 5

(A) the amount of any reduction in the 6

total amount of State funds provided to all local 7

educational agencies in the State in such fiscal 8

year compared to the total amount of such funds 9

provided to all local educational agencies in the 10

State in the previous fiscal year; divided by 11

(B) the aggregate number of children en-12

rolled in all schools served by all local edu-13

cational agencies in the State in the fiscal year 14

for which the determination is being made. 15

(6) STATE.—The term ‘‘State’’ means each of the 16

50 States, the District of Columbia, and the Common-17

wealth of Puerto Rico. 18

SEC. 2005. OUTLYING AREAS. 19




appropriated, $850,000,000, to remain available through 23

September 30, 2023, for the Secretary of Education to allo-24

cate awards to the outlying areas on the basis of their re-25

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† HR 1319 EAS

spective needs, as determined by the Secretary, to be allo-1

cated not more than 30 calendar days after the date of en-2

actment of this Act. 3

SEC. 2006. GALLAUDET UNIVERSITY. 4





September 30, 2023, for the Kendall Demonstration Ele-9

mentary School, the Model Secondary School for the Deaf, 10

and Gallaudet University to prevent, prepare for, and re-11

spond to coronavirus, including to defray expenses associ-12

ated with coronavirus (including lost revenue, reimburse-13

ment for expenses already incurred, technology costs associ-14

ated with a transition to distance education, faculty and 15

staff trainings, and payroll) and to provide financial aid 16

grants to students, which may be used for any component 17

of the student’s cost of attendance. 18

SEC. 2007. STUDENT AID ADMINISTRATION. 19





September 30, 2023, for Student Aid Administration with-24

in the Department of Education to prevent, prepare for, 25

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† HR 1319 EAS

and respond to coronavirus including direct outreach to 1

students and borrowers about financial aid, economic im-2

pact payments, means-tested benefits, unemployment assist-3

ance, and tax benefits, for which the students and borrowers 4

may be eligible. 5

SEC. 2008. HOWARD UNIVERSITY. 6





September 30, 2023, for Howard University to prevent, pre-11

pare for, and respond to coronavirus, including to defray 12

expenses associated with coronavirus (including lost rev-13

enue, reimbursement for expenses already incurred, tech-14

nology costs associated with a transition to distance edu-15

cation, faculty and staff trainings, and payroll) and to pro-16

vide financial aid grants to students, which may be used 17

for any component of the student’s cost of attendance. 18

SEC. 2009. NATIONAL TECHNICAL INSTITUTE FOR THE 19

DEAF. 20





September 30, 2023, for the National Technical Institute 25

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† HR 1319 EAS

for the Deaf to prevent, prepare for, and respond to 1

coronavirus, including to defray expenses associated with 2

coronavirus (including lost revenue, reimbursement for ex-3

penses already incurred, technology costs associated with a 4

transition to distance education, faculty and staff training, 5

and payroll) and to provide financial aid grants to stu-6

dents, which may be used for any component of the student’s 7

cost of attendance. 8

SEC. 2010. INSTITUTE OF EDUCATION SCIENCES. 9





September 30, 2023, for the Institute of Education Sciences 14

to carry out research related to addressing learning loss 15

caused by the coronavirus among the student subgroups de-16

scribed in section 1111(b)(2)(B)(xi) of the Elementary and 17


6311(b)(2)(B)(xi)) and students experiencing homelessness 19

and children and youth in foster care, and to disseminate 20

such findings to State educational agencies and local edu-21

cational agencies and other appropriate entities. 22

SEC. 2011. PROGRAM ADMINISTRATION. 23



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† HR 1319 EAS



September 30, 2024, for Program Administration within 3

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

respond to coronavirus, and for salaries and expenses nec-5

essary to implement this part. 6

SEC. 2012. OFFICE OF INSPECTOR GENERAL. 7




appropriated, $5,000,000, to remain available until ex-11

pended, for the Office of Inspector General of the Depart-12

ment of Education, for salaries and expenses necessary for 13

oversight, investigations, and audits of programs, grants, 14

and projects funded under this part carried out by the Of-15

fice of Inspector General. 16

SEC. 2013. MODIFICATION OF REVENUE REQUIREMENTS 17

FOR PROPRIETARY INSTITUTIONS OF HIGH-18

ER EDUCATION. 19

(a) IN GENERAL.—Section 487(a)(24) of the Higher 20

Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amended 21

by striking ‘‘funds provided under this title’’ and inserting 22

‘‘Federal funds that are disbursed or delivered to or on be-23

half of a student to be used to attend such institution (re-24

58

† HR 1319 EAS

ferred to in this paragraph and subsection (d) as ‘Federal 1

education assistance funds’)’’. 2

(b) IMPLEMENTATION OF NON-FEDERAL REVENUE RE-3

QUIREMENT.—Section 487(d) of the Higher Education Act 4

of 1965 (20 U.S.C. 1094(d)) is amended— 5

(1) in the subsection heading, by striking ‘‘Non- 6

title IV’’ and inserting ‘‘Non-Federal’’; and 7

(2) in paragraph (1)(C), by striking ‘‘funds for 8

a program under this title’’ and inserting ‘‘Federal 9

education assistance funds’’. 10

(c) EFFECTIVE DATE.—The amendments made under 11

this section shall— 12

(1) be subject to the master calendar require-13

ments under section 482 of the Higher Education Act 14

of 1965 (20 U.S.C. 1089) and the public involvement 15

and negotiated rulemaking requirements under sec-16

tion 492 of the Higher Education Act of 1965 (20 17

U.S.C. 1098a), except that such negotiated rule-18

making shall commence not earlier than October 1, 19

2021; and 20

(2) apply to institutional fiscal years beginning 21

on or after January 1, 2023. 22

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SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH DISABIL-1

ITIES EDUCATION ACT. 2

(a) AMOUNTS FOR IDEA.—There is appropriated to 3

the Secretary of Education for fiscal year 2021, out of any 4

money in the Treasury not otherwise appropriated— 5

(1) $2,580,000,000 for grants to States under 6

part B of the Individuals with Disabilities Education 7

Act; 8

(2) $200,000,000 for preschool grants under sec-9

tion 619 of the Individuals with Disabilities Edu-10

cation Act; and 11

(3) $250,000,000 for programs for infants and 12

toddlers with disabilities under part C of the Individ-13

uals with Disabilities Education Act. 14

(b) GENERAL PROVISIONS.—Any amount appro-15

priated under subsection (a) is in addition to other 16

amounts appropriated or made available for the applicable 17

purpose. 18

PART 2—MISCELLANEOUS 19

SEC. 2021. NATIONAL ENDOWMENT FOR THE ARTS. 20




main available until expended, under the National Founda-24

tion on the Arts and the Humanities Act of 1965, as follows: 25

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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 expenses 4

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

which the grants support, to prevent, prepare for, re-6

spond to, and recover from the coronavirus. 7

(2) Sixty percent shall be for direct grants, and 8

relevant administrative expenses, that support organi-9

zations’ programming and general operating expenses 10

to cover up to 100 percent of the costs of the programs 11

which the grants support, to prevent, prepare for, re-12

spond to, and recover from the coronavirus. 13

SEC. 2022. NATIONAL ENDOWMENT FOR THE HUMANITIES. 14




main available until expended, under the National Founda-18

tion on the Arts and the Humanities Act of 1965, as follows: 19

(1) Forty percent shall be for grants, and rel-20

evant administrative expenses, to State humanities 21

councils that support humanities organizations’ pro-22

gramming and general operating expenses to cover up 23

to 100 percent of the costs of the programs which the 24

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† HR 1319 EAS

grants support, to prevent, prepare for, respond to, 1

and recover from the coronavirus. 2

(2) Sixty percent shall be for direct grants, and 3

relevant administrative expenses, that support hu-4

manities organizations’ programming and general op-5

erating expenses to cover up to 100 percent of the 6

costs of the programs which the grants support, to 7

prevent, prepare for, respond to, and recover from the 8

coronavirus. 9

SEC. 2023. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 10


appropriated to the Institute of Museum and Library Serv-12

ices for fiscal year 2021, out of any money in the Treasury 13

not otherwise appropriated, $200,000,000, to remain avail-14

able until expended, for necessary expenses to carry out mu-15

seum and library services. The Director of the Institute of 16

Museum and Library Services shall award not less than 17

89 percent of such funds to State library administrative 18

agencies by applying the formula in section 221(b) of the 19

Museum and Library Services Act, except that— 20

(1) section 221(b)(3)(A) of such Act shall be ap-21

plied by substituting ‘‘$2,000,000’’ for ‘‘$680,000’’ 22

and by substituting ‘‘$200,000’’ for ‘‘$60,000’’; and 23

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(2) section 221(b)(3)(C) and subsections (b) and 1

(c) of section 223 of such Act shall not apply to funds 2

provided under this section. 3

Subtitle B—Labor Matters 4

SEC. 2101. FUNDING FOR DEPARTMENT OF LABOR WORKER 5

PROTECTION ACTIVITIES. 6


wise made available, out of any funds in the Treasury not 8

otherwise appropriated, there are appropriated to the Sec-9

retary of Labor for fiscal year 2021, $200,000,000, to re-10

main available until September 30, 2023, for the Wage and 11

Hour Division, the Office of Workers’ Compensation Pro-12

grams, the Office of the Solicitor, the Mine Safety and 13

Health Administration, and the Occupational Safety and 14

Health Administration to carry out COVID–19 related 15

worker protection activities, and for the Office of Inspector 16

General for oversight of the Secretary’s activities to prevent, 17

prepare for, and respond to COVID–19. 18

(b) ALLOCATION OF AMOUNTS.—Amounts appro-19

priated under subsection (a) shall be allocated as follows: 20

(1) Not less than $100,000,000 shall be for the 21

Occupational Safety and Health Administration, of 22

which $10,000,000 shall be for Susan Harwood train-23

ing grants and not less than $5,000,000 shall be for 24

enforcement activities related to COVID–19 at high 25

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† HR 1319 EAS

risk workplaces including health care, meat and poul-1

try processing facilities, agricultural workplaces and 2

correctional facilities. 3

(2) $12,500,000 shall be for the Office of Inspec-4

tor General. 5

Subtitle C—Human Services and 6

Community Supports 7

SEC. 2201. CHILD CARE AND DEVELOPMENT BLOCK GRANT 8

PROGRAM. 9

(a) CHILD CARE AND DEVELOPMENT BLOCK GRANT 10

FUNDING.—In addition to amounts otherwise available, 11

there is appropriated for fiscal year 2021, out of any 12


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

30, 2021, to carry out the program authorized under section 15

658C of the Child Care and Development Block Grant Act 16

of 1990 (42 U.S.C. 9858a) without regard to requirements 17

in sections 658E(c)(3)(E) or 658G of such Act (42 U.S.C. 18

9858c(c)(3)(E), 9858e). Payments made to States, terri-19

tories, Indian Tribes, and Tribal organizations from funds 20

made available under this subsection shall be obligated in 21

fiscal year 2021 or the succeeding 2 fiscal years. States, ter-22

ritories, Indian Tribes, and Tribal organizations are au-23

thorized to use such funds to provide child care assistance 24

to health care sector employees, emergency responders, sani-25

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† HR 1319 EAS

tation workers, and other workers deemed essential during 1

the response to coronavirus by public officials, without re-2

gard to the income eligibility requirements of section 3

658P(4) of the Child Care and Development Block Grant 4

Act (42 U.S.C. 9858n(4)). 5

(b) ADMINISTRATIVE COSTS.—In addition to amounts 6

otherwise available, there is appropriated for fiscal year 7

2021, out of any amounts in the Treasury not otherwise 8


September 30, 2025, for the costs of providing technical as-10

sistance and conducting research and for the administrative 11

costs to carry out this section and section 2202 of this sub-12

title. 13

(c) SUPPLEMENT NOT SUPPLANT.—Amounts made 14

available to carry out this section shall be used to supple-15

ment and not supplant other Federal, State, and local pub-16

lic funds expended to provide child care services for eligible 17

individuals. 18

SEC. 2202. CHILD CARE STABILIZATION. 19


(1) COVID–19 PUBLIC HEALTH EMERGENCY.— 21

The term ‘‘COVID–19 public health emergency’’ 22

means the public health emergency declared by the 23

Secretary of Health and Human Services under sec-24

tion 319 of the Public Health Service Act (42 U.S.C. 25

65

† HR 1319 EAS

247d) on January 31, 2020, with respect to COVID– 1

19, including any renewal of the declaration. 2

(2) ELIGIBLE CHILD CARE PROVIDER.—The term 3

‘‘eligible child care provider’’ means— 4

(A) an eligible child care provider as de-5

fined in section 658P of the Child Care and De-6

velopment Block Grant Act of 1990 (42 U.S.C. 7

9858n); or 8

(B) a child care provider that is licensed, 9

regulated, or registered in the State, territory, or 10

Indian Tribe on the date of enactment of this Act 11

and meets applicable State and local health and 12

safety requirements. 13

(b) CHILD CARE STABILIZATION FUNDING.—In addi-14

tion to amounts otherwise available, there is appropriated 15

for fiscal year 2021, out of any amounts in the Treasury 16

not otherwise appropriated, $23,975,000,000, to remain 17

available through September 30, 2021, for grants under this 18

section in accordance with the Child Care and Development 19

Block Grant Act of 1990. 20

(c) GRANTS.—From the amounts appropriated to 21

carry out this section and under the authority of section 22

658O of the Child Care and Development Block Grant Act 23

of 1990 (42 U.S.C. 9858m) and this section, the Secretary 24

shall award to each lead agency a child care stabilization 25

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† HR 1319 EAS

grant, without regard to the requirements in subparagraphs 1

(C) and (E) of section 658E(c)(3), and in section 658G, 2

of the Child Care and Development Block Grant Act of 1990 3

(42 U.S.C. 9858c(c)(3), 9858e). Such grant shall be allotted 4

in accordance with section 658O of the Child Care and De-5

velopment Block Grant Act of 1990 (42 U.S.C. 9858m). 6

(d) STATE RESERVATIONS AND SUBGRANTS.— 7

(1) RESERVATION.—A lead agency for a State 8

that receives a child care stabilization grant pursuant 9

to subsection (c) shall reserve not more than 10 per-10

cent of such grant funds to administer subgrants, pro-11

vide technical assistance and support for applying for 12

and accessing the subgrant opportunity, publicize the 13

availability of the subgrants, carry out activities to 14

increase the supply of child care, and provide tech-15

nical assistance to help child care providers imple-16

ment policies as described in paragraph (2)(D)(i). 17

(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO-18

VIDERS.— 19

(A) IN GENERAL.—The lead agency shall 20

use the remainder of the grant funds awarded 21

pursuant to subsection (c) to make subgrants to 22

qualified child care providers described in sub-23

paragraph (B), regardless of such a provider’s 24

previous receipt of other Federal assistance, to 25

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† HR 1319 EAS

support the stability of the child care sector dur-1

ing and after the COVID–19 public health emer-2

gency. 3

(B) QUALIFIED CHILD CARE PROVIDER.— 4

To be qualified to receive a subgrant under this 5

paragraph, a provider shall be an eligible child 6

care provider that on the date of submission of 7

an application for the subgrant, was either— 8

(i) open and available to provide child 9

care services; or 10

(ii) closed due to public health, finan-11

cial hardship, or other reasons relating to 12

the COVID–19 public health emergency. 13

(C) SUBGRANT AMOUNT.—The amount of 14

such a subgrant to a qualified child care pro-15

vider shall be based on the provider’s stated cur-16

rent operating expenses, including costs associ-17

ated with providing or preparing to provide 18

child care services during the COVID–19 public 19

health emergency, and to the extent practicable, 20

cover sufficient operating expenses to ensure con-21

tinuous operations for the intended period of the 22

subgrant. 23

(D) APPLICATION.—The lead agency shall— 24

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(i) make available on the lead agency’s 1

website an application for qualified child 2

care providers that includes certifications 3

that, for the duration of the subgrant— 4

(I) the provider applying will, 5

when open and available to provide 6

child care services, implement policies 7

in line with guidance from the cor-8

responding State, Tribal, and local au-9

thorities, and in accordance with 10

State, Tribal, and local orders, and, to 11

the greatest extent possible, implement 12

policies in line with guidance from the 13

Centers for Disease Control and Pre-14

vention; 15

(II) for each employee, the pro-16

vider will pay not less than the full 17

compensation, including any benefits, 18

that was provided to the employee as of 19

the date of submission of the applica-20

tion for the subgrant (referred to in 21

this subclause as ‘‘full compensation’’), 22

and will not take any action that re-23

duces the weekly amount of the employ-24

ee’s compensation below the weekly 25

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amount of full compensation, or that 1

reduces the employee’s rate of com-2

pensation below the rate of full com-3

pensation, including the involuntary 4

furloughing of any employee employed 5

on the date of submission of the appli-6

cation for the subgrant; and 7

(III) the provider will provide re-8

lief from copayments and tuition pay-9

ments for the families enrolled in the 10

provider’s program, to the extent pos-11

sible, and prioritize such relief for fam-12

ilies struggling to make either type of 13

payment; and 14

(ii) accept and process applications 15

submitted under this subparagraph on a 16

rolling basis, and provide subgrant funds in 17

advance of provider expenditures, except as 18

provided in subsection (e)(2). 19

(E) OBLIGATION.—The lead agency shall 20

notify the Secretary if it is unable to obligate at 21

least 50 percent of the funds received pursuant to 22

subsection (c) that are available for subgrants de-23

scribed in this paragraph within 9 months of the 24

date of enactment of this Act. 25

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(e) USES OF FUNDS.— 1

(1) IN GENERAL.—A qualified child care pro-2

vider that receives funds through such a subgrant 3

shall use the funds for at least one of the following: 4

(A) Personnel costs, including payroll and 5

salaries or similar compensation for an employee 6

(including any sole proprietor or independent 7

contractor), employee benefits, premium pay, or 8

costs for employee recruitment and retention. 9

(B) Rent (including rent under a lease 10

agreement) or payment on any mortgage obliga-11

tion, utilities, facility maintenance or improve-12

ments, or insurance. 13

(C) Personal protective equipment, cleaning 14

and sanitization supplies and services, or train-15

ing and professional development related to 16

health and safety practices. 17

(D) Purchases of or updates to equipment 18

and supplies to respond to the COVID–19 public 19

health emergency. 20

(E) Goods and services necessary to main-21

tain or resume child care services. 22

(F) Mental health supports for children and 23

employees. 24

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(2) REIMBURSEMENT.—The qualified child care 1

provider may use the subgrant funds to reimburse the 2

provider for sums obligated or expended before the 3

date of enactment of this Act for the cost of a good 4

or service described in paragraph (1) to respond to 5

the COVID–19 public health emergency. 6

(f) SUPPLEMENT NOT SUPPLANT.—Amounts made 7

available to carry out this section shall be used to supple-8

ment and not supplant other Federal, State, and local pub-9

lic funds expended to provide child care services for eligible 10

individuals. 11

SEC. 2203. HEAD START. 12


appropriated for fiscal year 2021, out of any amounts in 14

the Treasury not otherwise appropriated, $1,000,000,000, 15

to remain available through September 30, 2022, to carry 16

out the Head Start Act, including for Federal administra-17

tive expenses. After reserving funds for Federal administra-18

tive expenses, the Secretary shall allocate all remaining 19

amounts to Head Start agencies for one-time grants, and 20

shall allocate to each Head Start agency an amount that 21

bears the same ratio to the portion available for allocations 22

as the number of enrolled children served by the Head Start 23

agency bears to the number of enrolled children served by 24

all Head Start agencies. 25

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SEC. 2204. PROGRAMS FOR SURVIVORS. 1

(a) IN GENERAL.—Section 303 of the Family Violence 2

Prevention and Services Act (42 U.S.C. 10403) is amended 3

by adding at the end the following: 4

‘‘(d) ADDITIONAL FUNDING.—For the purposes of car-5

rying out this title, in addition to amounts otherwise made 6

available for such purposes, there are appropriated, out of 7

any amounts in the Treasury not otherwise appropriated, 8

for fiscal year 2021, to remain available until expended ex-9

cept as otherwise provided in this subsection, each of the 10

following: 11

‘‘(1) $180,000,000 to carry out sections 301 12

through 312, to be allocated in the manner described 13

in subsection (a)(2), except that— 14

‘‘(A) a reference in subsection (a)(2) to an 15

amount appropriated under subsection (a)(1) 16

shall be considered to be a reference to an 17

amount appropriated under this paragraph; 18

‘‘(B) the matching requirement in section 19

306(c)(4) and condition in section 308(d)(3) 20

shall not apply; and 21

‘‘(C) each reference in section 305(e) to ‘the 22

end of the following fiscal year’ shall be consid-23

ered to be a reference to ‘the end of fiscal year 24

2025’; and 25

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‘‘(D) funds made available to a State in a 1

grant under section 306(a) and obligated in a 2

timely manner shall be available for expenditure, 3

by the State or a recipient of funds from the 4

grant, through the end of fiscal year 2025; 5

‘‘(2) $18,000,000 to carry out section 309. 6

‘‘(3) $2,000,000 to carry out section 313, of 7

which $1,000,000 shall be allocated to support Indian 8

communities.’’. 9

(b) COVID–19 PUBLIC HEALTH EMERGENCY DE-10

FINED.—In this section, the term ‘‘COVID–19 public health 11

emergency’’ means the public health emergency declared by 12

the Secretary of Health and Human Services under section 13

319 of the Public Health Service Act (42 U.S.C. 247d) on 14

January 31, 2020, with respect to COVID–19, including 15

any renewal of the declaration. 16

(c) GRANTS TO SUPPORT CULTURALLY SPECIFIC POP-17

ULATIONS.— 18

(1) IN GENERAL.—In addition to amounts other-19

wise made available, there is appropriated, out of any 20


to the Secretary of Health and Human Services (in 22

this section referred to as the ‘‘Secretary’’), 23

$49,500,000 for fiscal year 2021, to be available until 24

expended, to carry out this subsection (excluding Fed-25

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† HR 1319 EAS

eral administrative costs, for which funds are appro-1

priated under subsection (e)). 2

(2) USE OF FUNDS.—From amounts appro-3

priated under paragraph (1), the Secretary acting 4

through the Director of the Family Violence Preven-5

tion and Services Program, shall— 6

(A) support culturally specific community- 7

based organizations to provide culturally specific 8

activities for survivors of sexual assault and do-9

mestic violence, to address emergent needs result-10

ing from the COVID–19 public health emergency 11

and other public health concerns; and 12

(B) support culturally specific community- 13

based organizations that provide culturally spe-14

cific activities to promote strategic partnership 15

development and collaboration in responding to 16

the impact of COVID–19 and other public health 17

concerns on survivors of sexual assault and do-18

mestic violence. 19

(d) GRANTS TO SUPPORT SURVIVORS OF SEXUAL AS-20

SAULT.— 21


wise made available, there is appropriated, out of any 23


to the Secretary, $198,000,000 for fiscal year 2021, to 25

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† HR 1319 EAS

be available until expended, to carry out this sub-1

section (excluding Federal administrative costs, for 2

which funds are appropriated under subsection (e)). 3

(2) USE OF FUNDS.—From amounts appro-4

priated under paragraph (1), the Secretary acting 5

through the Director of the Family Violence Preven-6

tion and Services Program, shall assist rape crisis 7

centers in transitioning to virtual services and meet-8

ing the emergency needs of survivors. 9

(e) ADMINISTRATIVE COSTS.—In addition to amounts 10

otherwise made available, there is appropriated to the Sec-11

retary, out of any amounts in the Treasury not otherwise 12

appropriated, $2,500,000 for fiscal year 2021, to remain 13

available until expended, for the Federal administrative 14

costs of carrying out subsections (c) and (d). 15

SEC. 2205. CHILD ABUSE PREVENTION AND TREATMENT. 16


appropriated to the Secretary of Health and Human Serv-18

ices for fiscal year 2021, out of any money in the Treasury 19

not otherwise appropriated, the following amounts, to re-20

main available through September 30, 2023: 21

(1) $250,000,000 for carrying out the program 22

authorized under section 201 of the Child Abuse Pre-23

vention and Treatment Act (42 U.S.C. 5116), which 24

shall be allocated without regard to section 204(4) of 25

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such Act (42 U.S.C. 5116d(4)) and shall be allotted 1

to States in accordance with section 203 of such Act 2

(42 U.S.C. 5116b), except that— 3

(A) in subsection (b)(1)(A) of such section 4

203, ‘‘70 percent’’ shall be deemed to be ‘‘100 5

percent’’; and 6

(B) subsections (b)(1)(B) and (c) of such 7

section 203 shall not apply; and 8

(2) $100,000,000 for carrying out the State 9

grant program authorized under section 106 of the 10

Child Abuse Prevention and Treatment Act (42 11

U.S.C. 5106a), which shall be allocated without re-12

gard to section 112(a)(2) of such Act (42 U.S.C. 13

5106h(a)(2)). 14

SEC. 2206. CORPORATION FOR NATIONAL AND COMMUNITY 15

SERVICE AND THE NATIONAL SERVICE 16

TRUST. 17

(a) CORPORATION FOR NATIONAL AND COMMUNITY 18

SERVICE.—In addition to amounts otherwise made avail-19

able, there is appropriated for fiscal year 2021, out of any 20

money in the Treasury not otherwise appropriated, to the 21

Corporation for National and Community Service, 22

$852,000,000, to remain available through September 30, 23

2024, to carry out subsection (b), except that amounts to 24

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† HR 1319 EAS

carry out subsection (b)(7) shall remain available until 1

September 30, 2026. 2

(b) ALLOCATION OF AMOUNTS.—Amounts provided by 3

subsection (a) shall be allocated as follows: 4

(1) AMERICORPS STATE AND NATIONAL.— 5

$620,000,000 shall be used— 6

(A) to increase the living allowances of par-7

ticipants in national service programs; and 8

(B) to make funding adjustments to existing 9

(as of the date of enactment of this Act) awards 10

and award new and additional awards to enti-11

ties to support programs described in para-12

graphs (1)(B), (2)(B), (3)(B), (4)(B), and (5)(B) 13

of subsection (a), and subsection (b)(2), of section 14

122 of the National and Community Service Act 15

of 1990 (42 U.S.C. 12572), whether or not the 16

entities are already grant recipients under such 17

provisions on the date of enactment of this Act, 18

and notwithstanding section 122(a)(1)(B)(vi) of 19

the National and Community Service Act of 20

1990 (42 U.S.C. 12572(a)(1)(B)(vi)), by— 21

(i) prioritizing entities serving commu-22

nities disproportionately impacted by 23

COVID–19 and utilizing culturally com-24

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petent and multilingual strategies in the 1

provision of services; and 2

(ii) taking into account the diversity of 3

communities and participants served by 4

such entities, including racial, ethnic, socio-5

economic, linguistic, or geographic diver-6

sity. 7

(2) STATE COMMISSIONS.—$20,000,000 shall be 8

used to make adjustments to existing (as of the date 9

of enactment of this Act) awards and new and addi-10

tional awards, including awards to State Commis-11

sions on National and Community Service, under sec-12

tion 126(a) of the National and Community Service 13

Act of 1990 (42 U.S.C. 12576(a)). 14

(3) VOLUNTEER GENERATION FUND.— 15

$20,000,000 shall be used for expenses authorized 16

under section 501(a)(4)(F) of the National and Com-17

munity Service Act of 1990 (42 U.S.C. 18

12681(a)(4)(F)), which, notwithstanding section 19

198P(d)(1)(B) of that Act (42 U.S.C. 20

12653p(d)(1)(B)), shall be for grants awarded by the 21

Corporation for National and Community Service on 22

a competitive basis. 23

(4) AMERICORPS VISTA.—$80,000,000 shall be 24

used for the purposes described in section 101 of the 25

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Domestic Volunteer Service Act of 1973 (42 U.S.C. 1

4951), including to increase the living allowances of 2

volunteers, described in section 105(b) of the Domestic 3

Volunteer Service Act of 1973 (42 U.S.C. 4955(b)). 4

(5) NATIONAL SENIOR SERVICE CORPS.— 5

$30,000,000 shall be used for the purposes described 6

in section 200 of the Domestic Volunteer Service Act 7

of 1973 (42 U.S.C. 5000). 8

(6) ADMINISTRATIVE COSTS.—$73,000,000 shall 9

be used for the Corporation for National and Commu-10

nity Service for administrative expenses to carry out 11

programs and activities funded by subsection (a). 12

(7) OFFICE OF INSPECTOR GENERAL.— 13

$9,000,000 shall be used for the Office of Inspector 14

General of the Corporation for National and Commu-15

nity Service for salaries and expenses necessary for 16

oversight and audit of programs and activities funded 17

by subsection (a). 18

(c) NATIONAL SERVICE TRUST.—In addition to 19

amounts otherwise made available, there is appropriated for 20

fiscal year 2021, out of any money in the Treasury not 21

otherwise appropriated, $148,000,000, to remain available 22

until expended, for administration of the National Service 23

Trust, and for payment to the Trust for the provision of 24

educational awards pursuant to section 145(a)(1)(A) of the 25

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† HR 1319 EAS

National and Community Service Act of 1990 (42 U.S.C. 1

12601(a)(1)(A)). 2

Subtitle D—Public Health 3

SEC. 2301. FUNDING FOR COVID–19 VACCINE ACTIVITIES AT 4

THE CENTERS FOR DISEASE CONTROL AND 5

PREVENTION. 6


available, there is appropriated to the Secretary of Health 8

and Human Services (in this subtitle referred to as the 9

‘‘Secretary’’) for fiscal year 2021, out of any money in the 10


main available until expended, to carry out activities to 12

plan, prepare for, promote, distribute, administer, monitor, 13

and track COVID–19 vaccines. 14

(b) USE OF FUNDS.—The Secretary, acting through 15

the Director of the Centers for Disease Control and Preven-16

tion, and in consultation with other agencies, as applicable, 17

shall, in conducting activities referred to in subsection 18

(a)— 19

(1) conduct activities to enhance, expand, and 20

improve nationwide COVID–19 vaccine distribution 21

and administration, including activities related to 22

distribution of ancillary medical products and sup-23

plies related to vaccines; and 24

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† HR 1319 EAS

(2) provide technical assistance, guidance, and 1

support to, and award grants or cooperative agree-2

ments to, State, local, Tribal, and territorial public 3

health departments for enhancement of COVID–19 4

vaccine distribution and administration capabilities, 5

including— 6

(A) the distribution and administration of 7

vaccines licensed under section 351 of the Public 8

Health Service Act (42 U.S.C. 262) or author-9

ized under section 564 of the Federal Food, 10

Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) 11

and ancillary medical products and supplies re-12

lated to vaccines; 13

(B) the establishment and expansion, in-14

cluding staffing support, of community vaccina-15

tion centers, particularly in underserved areas; 16

(C) the deployment of mobile vaccination 17

units, particularly in underserved areas; 18

(D) information technology, standards-based 19

data, and reporting enhancements, including im-20

provements necessary to support standards-based 21

sharing of data related to vaccine distribution 22

and vaccinations and systems that enhance vac-23

cine safety, effectiveness, and uptake, particu-24

larly among underserved populations; 25

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† HR 1319 EAS

(E) facilities enhancements; 1

(F) communication with the public regard-2

ing when, where, and how to receive COVID–19 3

vaccines; and 4

(G) transportation of individuals to facili-5

tate vaccinations, including at community vac-6

cination centers and mobile vaccination units, 7

particularly for underserved populations. 8

(c) SUPPLEMENTAL FUNDING FOR STATE VACCINA-9

TION GRANTS.— 10

(1) DEFINITIONS.—In this subsection: 11

(A) BASE FORMULA.—The term ‘‘base for-12

mula’’ means the allocation formula that applied 13

to the Public Health Emergency Preparedness 14

cooperative agreement in fiscal year 2020. 15

(B) ALTERNATIVE ALLOCATION.—The term 16

‘‘alternative allocation’’ means an allocation to 17

each State, territory, or locality calculated using 18

the percentage derived from the allocation re-19

ceived by such State, territory, or locality of the 20

aggregate amount of fiscal year 2020 Public 21

Health Emergency Preparedness cooperative 22

agreement awards under section 319C–1 of the 23

Public Health Service Act (42 U.S.C. 247d–3a). 24

(2) SUPPLEMENTAL FUNDING.— 25

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† HR 1319 EAS

(A) IN GENERAL.—Not later than 21 days 1

after the date of enactment of this Act, the Sec-2

retary shall, out of amounts described in sub-3

section (a), provide supplemental funding to any 4

State, locality, or territory that received less of 5

the amounts that were appropriated under title 6

III of division M of Public Law 116–260 for 7

vaccination grants to be issued by the Centers for 8

Disease Control and Prevention than such State, 9

locality, or territory would have received had 10

such amounts been allocated using the alter-11

native allocation. 12

(B) AMOUNT.—The amount of supplemental 13

funding provided under this subsection shall be 14

equal to the difference between— 15

(i) the amount the State, locality, or 16

territory received, or would receive, under 17

the base formula; and 18

(ii) the amount the State, locality, or 19

territory would receive under the alternative 20

allocation. 21

SEC. 2302. FUNDING FOR VACCINE CONFIDENCE ACTIVI-22

TIES. 23


appropriated to the Secretary for fiscal year 2021, out of 25

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† HR 1319 EAS

any money in the Treasury not otherwise appropriated, 1

$1,000,000,000, to remain available until expended, to 2

carry out activities, acting through the Director of the Cen-3

ters for Disease Control and Prevention— 4

(1) to strengthen vaccine confidence in the 5

United States, including its territories and posses-6

sions; 7

(2) to provide further information and education 8

with respect to vaccines licensed under section 351 of 9

the Public Health Service Act (42 U.S.C. 262) or au-10

thorized under section 564 of the Federal Food, Drug, 11

and Cosmetic Act (21 U.S.C. 360bbb–3); and 12

(3) to improve rates of vaccination throughout 13

the United States, including its territories and posses-14

sions, including through activities described in section 15

313 of the Public Health Service Act, as amended by 16

section 311 of division BB of the Consolidated Appro-17

priations Act, 2021 (Public Law 116–260). 18

SEC. 2303. FUNDING FOR SUPPLY CHAIN FOR COVID–19 VAC-19

CINES, THERAPEUTICS, AND MEDICAL SUP-20

PLIES. 21




$6,050,000,000, to remain available until expended, for nec-25

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† HR 1319 EAS

essary expenses with respect to research, development, man-1

ufacturing, production, and the purchase of vaccines, thera-2

peutics, and ancillary medical products and supplies to 3

prevent, prepare, or respond to— 4

(1) SARS–CoV–2 or any viral variant mutating 5

therefrom with pandemic potential; and 6

(2) COVID–19 or any disease with potential for 7

creating a pandemic. 8

SEC. 2304. FUNDING FOR COVID–19 VACCINE, THERA-9

PEUTIC, AND DEVICE ACTIVITIES AT THE 10

FOOD AND DRUG ADMINISTRATION. 11




$500,000,000, to remain available until expended, to be 15

used for the evaluation of the continued performance, safety, 16

and effectiveness, including with respect to emerging 17

COVID–19 variants, of vaccines, therapeutics, and 18

diagnostics approved, cleared, licensed, or authorized for use 19

for the treatment, prevention, or diagnosis of COVID–19; 20

facilitation of advanced continuous manufacturing activi-21

ties related to production of vaccines and related materials; 22

facilitation and conduct of inspections related to the manu-23

facturing of vaccines, therapeutics, and devices delayed or 24

cancelled for reasons related to COVID–19; review of devices 25

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† HR 1319 EAS

authorized for use for the treatment, prevention, or diag-1

nosis of COVID–19; and oversight of the supply chain and 2

mitigation of shortages of vaccines, therapeutics, and de-3

vices approved, cleared, licensed, or authorized for use for 4

the treatment, prevention, or diagnosis of COVID–19 by the 5

Food and Drug Administration. 6

SEC. 2305. REDUCED COST-SHARING. 7

(a) IN GENERAL.—Section 1402 of the Patient Protec-8

tion and Affordable Care Act is amended by redesignating 9

subsection (f) as subsection (g) and by inserting after sub-10

section (e) the following new subsection: 11

‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE 12

UNEMPLOYMENT COMPENSATION DURING 2021.—For pur-13

poses of this section, in the case of an individual who has 14

received, or has been approved to receive, unemployment 15

compensation for any week beginning during 2021, for the 16

plan year in which such week begins— 17

‘‘(1) such individual shall be treated as meeting 18

the requirements of subsection (b)(2), and 19

‘‘(2) for purposes of subsections (c) and (d), there 20

shall not be taken into account any household income 21

of the individual in excess of 133 percent of the pov-22

erty line for a family of the size involved.’’. 23

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(b) EFFECTIVE DATE.—The amendment made by this 1

section shall apply to plan years beginning after December 2

31, 2020. 3

Subtitle E—Testing 4

SEC. 2401. FUNDING FOR COVID–19 TESTING, CONTACT 5

TRACING, AND MITIGATION ACTIVITIES. 6





Treasury not otherwise appropriated, $47,800,000,000, to 11

remain available until expended, to carry out activities to 12

detect, diagnose, trace, and monitor SARS–CoV–2 and 13

COVID–19 infections and related strategies to mitigate the 14

spread of COVID–19. 15

(b) USE OF FUNDS.—From amounts appropriated by 16

subsection (a), the Secretary shall— 17

(1) implement a national, evidence-based strat-18

egy for testing, contact tracing, surveillance, and 19

mitigation with respect to SARS–CoV–2 and 20

COVID–19, including through activities authorized 21

under section 319(a) of the Public Health Service Act; 22

(2) provide technical assistance, guidance, and 23

support, and award grants or cooperative agreements 24

to State, local, and territorial public health depart-25

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† HR 1319 EAS

ments for activities to detect, diagnose, trace, and 1

monitor SARS–CoV–2 and COVID–19 infections and 2

related strategies and activities to mitigate the spread 3

of COVID–19; 4

(3) support the development, manufacturing, 5

procurement, distribution, and administration of tests 6

to detect or diagnose SARS–CoV–2 and COVID–19, 7

including through— 8

(A) support for the development, manufac-9

ture, procurement, and distribution of supplies 10

necessary for administering tests, such as per-11

sonal protective equipment; and 12

(B) support for the acquisition, construc-13

tion, alteration, or renovation of non-federally 14

owned facilities for the production of diagnostics 15

and ancillary medical products and supplies 16

where the Secretary determines that such an in-17

vestment is necessary to ensure the production of 18

sufficient amounts of such supplies; 19

(4) establish and expand Federal, State, local, 20

and territorial testing and contact tracing capabili-21

ties, including— 22

(A) through investments in laboratory ca-23

pacity, such as— 24

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† HR 1319 EAS

(i) academic and research laboratories, 1

or other laboratories that could be used for 2

processing of COVID–19 testing; 3

(ii) community-based testing sites and 4

community-based organizations; or 5

(iii) mobile health units, particularly 6

in medically underserved areas; and 7

(B) with respect to quarantine and isola-8

tion of contacts; 9

(5) enhance information technology, data mod-10

ernization, and reporting, including improvements 11

necessary to support sharing of data related to public 12

health capabilities; 13

(6) award grants to, or enter into cooperative 14

agreements or contracts with, State, local, and terri-15

torial public health departments to establish, expand, 16

and sustain a public health workforce; and 17

(7) to cover administrative and program support 18

costs necessary to conduct activities related to sub-19

paragraph (a). 20

SEC. 2402. FUNDING FOR SARS–COV–2 GENOMIC SEQUENC-21

ING AND SURVEILLANCE. 22



year 2021 out of any money in the Treasury not otherwise 25

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† HR 1319 EAS

appropriated, $1,750,000,000, to remain available until ex-1

pended, to strengthen and expand activities and workforce 2

related to genomic sequencing, analytics, and disease sur-3

veillance. 4

(b) USE OF FUNDS.—From amounts appropriated by 5

subsection (a), the Secretary, acting through the Director 6

of the Centers for Disease Control and Prevention, shall— 7

(1) conduct, expand, and improve activities to 8

sequence genomes, identify mutations, and survey the 9

circulation and transmission of viruses and other or-10

ganisms, including strains of SARS–CoV–2; 11

(2) award grants or cooperative agreements to 12

State, local, Tribal, or territorial public health de-13

partments or public health laboratories— 14

(A) to increase their capacity to sequence 15

genomes of circulating strains of viruses and 16

other organisms, including SARS–CoV–2; 17

(B) to identify mutations in viruses and 18

other organisms, including SARS–CoV–2; 19

(C) to use genomic sequencing to identify 20

outbreaks and clusters of diseases or infections, 21

including COVID–19; and 22

(D) to develop effective disease response 23

strategies based on genomic sequencing and sur-24

veillance data; 25

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(3) enhance and expand the informatics capa-1

bilities of the public health workforce; and 2

(4) award grants for the construction, alteration, 3

or renovation of facilities to improve genomic se-4

quencing and surveillance capabilities at the State 5

and local level. 6

SEC. 2403. FUNDING FOR GLOBAL HEALTH. 7



any amounts in the Treasury not otherwise appropriated, 10

$750,000,000, to remain available until expended, for ac-11

tivities to be conducted acting through the Director of the 12

Centers for Disease Control and Prevention to combat 13

SARS–CoV–2, COVID–19, and other emerging infectious 14

disease threats globally, including efforts related to global 15

health security, global disease detection and response, global 16

health protection, global immunization, and global coordi-17

nation on public health. 18

SEC. 2404. FUNDING FOR DATA MODERNIZATION AND 19

FORECASTING CENTER. 20




$500,000,000, to remain available until expended, for ac-24

tivities to be conducted acting through the Director of the 25

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Centers for Disease Control and Prevention to support pub-1

lic health data surveillance and analytics infrastructure 2

modernization initiatives at the Centers for Disease Control 3

and Prevention, and establish, expand, and maintain ef-4

forts to modernize the United States disease warning system 5

to forecast and track hotspots for COVID–19, its variants, 6

and emerging biological threats, including academic and 7

workforce support for analytics and informatics infrastruc-8

ture and data collection systems. 9

Subtitle F—Public Health 10

Workforce 11

SEC. 2501. FUNDING FOR PUBLIC HEALTH WORKFORCE. 12






main available until expended, to carry out activities re-18

lated to establishing, expanding, and sustaining a public 19

health workforce, including by making awards to State, 20

local, and territorial public health departments. 21

(b) USE OF FUNDS FOR PUBLIC HEALTH DEPART-22

MENTS.—Amounts made available to an awardee pursuant 23

to subsection (a) shall be used for the following: 24

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(1) Costs, including wages and benefits, related 1

to the recruiting, hiring, and training of individ-2

uals— 3

(A) to serve as case investigators, contact 4

tracers, social support specialists, community 5

health workers, public health nurses, disease 6

intervention specialists, epidemiologists, program 7

managers, laboratory personnel, informaticians, 8

communication and policy experts, and any 9

other positions as may be required to prevent, 10

prepare for, and respond to COVID–19; and 11

(B) who are employed by— 12

(i) the State, territorial, or local public 13

health department involved; or 14

(ii) a nonprofit private or public orga-15

nization with demonstrated expertise in im-16

plementing public health programs and es-17

tablished relationships with such State, ter-18

ritorial, or local public health departments, 19

particularly in medically underserved 20

areas. 21

(2) Personal protective equipment, data manage-22

ment and other technology, or other necessary sup-23

plies. 24

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(3) Administrative costs and activities necessary 1

for awardees to implement activities funded under 2

this section. 3

(4) Subawards from recipients of awards under 4

subsection (a) to local health departments for the pur-5

poses of the activities funded under this section. 6

SEC. 2502. FUNDING FOR MEDICAL RESERVE CORPS. 7




$100,000,000, to remain available until expended, for car-11

rying out section 2813 of the Public Health Service Act (42 12

U.S.C. 300hh–15). 13

Subtitle G—Public Health 14

Investments 15

SEC. 2601. FUNDING FOR COMMUNITY HEALTH CENTERS 16

AND COMMUNITY CARE. 17






main available until expended, for necessary expenses for 23

awarding grants and cooperative agreements under section 24

330 of the Public Health Service Act (42 U.S.C. 254b) to 25

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† HR 1319 EAS

be awarded without regard to the time limitation in sub-1

section (e)(3) and subsections (e)(6)(A)(iii), (e)(6)(B)(iii), 2

and (r)(2)(B) of such section 330, and for necessary ex-3

penses for awarding grants to Federally qualified health 4

centers, as described in section 1861(aa)(4)(B) of the Social 5

Security Act (42 U.S.C.1395x(aa)(4)(B)), and for awarding 6

grants or contracts to Papa Ola Lokahi and to qualified 7

entities under sections 4 and 6 of the Native Hawaiian 8

Health Care Improvement Act (42 U.S.C. 11703, 11705). 9

Of the total amount appropriated by the preceding sentence, 10

not less than $20,000,000 shall be for grants or contracts 11

to Papa Ola Lokahi and to qualified entities under sections 12

4 and 6 of the Native Hawaiian Health Care Improvement 13

Act (42 U.S.C. 11703, 11705). 14

(b) USE OF FUNDS.—Amounts made available to an 15

awardee pursuant to subsection (a) shall be used— 16

(1) to plan, prepare for, promote, distribute, ad-17

minister, and track COVID–19 vaccines, and to carry 18

out other vaccine-related activities; 19

(2) to detect, diagnose, trace, and monitor 20

COVID–19 infections and related activities necessary 21

to mitigate the spread of COVID–19, including ac-22

tivities related to, and equipment or supplies pur-23

chased for, testing, contact tracing, surveillance, miti-24

gation, and treatment of COVID–19; 25

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(3) to purchase equipment and supplies to con-1

duct mobile testing or vaccinations for COVID–19, to 2

purchase and maintain mobile vehicles and equip-3

ment to conduct such testing or vaccinations, and to 4

hire and train laboratory personnel and other staff to 5

conduct such mobile testing or vaccinations, particu-6

larly in medically underserved areas; 7

(4) to establish, expand, and sustain the health 8

care workforce to prevent, prepare for, and respond to 9

COVID–19, and to carry out other health workforce- 10

related activities; 11

(5) to modify, enhance, and expand health care 12

services and infrastructure; and 13

(6) to conduct community outreach and edu-14

cation activities related to COVID–19. 15

(c) PAST EXPENDITURES.—An awardee may use 16

amounts awarded pursuant to subsection (a) to cover the 17

costs of the awardee carrying out any of the activities de-18

scribed in subsection (b) during the period beginning on 19

the date of the declaration of a public health emergency by 20

the Secretary under section 319 of the Public Health Service 21

Act (42 U.S.C. 247d) on January 31, 2020, with respect 22

to COVID–19 and ending on the date of such award. 23

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SEC. 2602. FUNDING FOR NATIONAL HEALTH SERVICE 1

CORPS. 2





pended, for carrying out sections 338A, 338B, and 338I of 7

the Public Health Service Act (42 U.S.C. 254l, 254l–1, 8

254q–1) with respect to the health workforce. 9

(b) STATE LOAN REPAYMENT PROGRAMS.— 10

(1) IN GENERAL.—Of the amount made available 11

pursuant to subsection (a), $100,000,000 shall be 12

made available for providing primary health services 13

through grants to States under section 338I(a) of the 14

Public Health Service Act (42 U.S.C. 254q–1(a)). 15

(2) CONDITIONS.—With respect to grants de-16

scribed in paragraph (1) using funds made available 17

under such paragraph: 18

(A) Section 338I(b) of the Public Health 19

Service Act (42 U.S.C. 254q–1(b)) shall not 20

apply. 21

(B) Notwithstanding section 338I(d)(2) of 22

the Public Health Service Act (42 U.S.C. 254q– 23

1(d)(2)), not more than 10 percent of an award 24

to a State from such amounts, may be used by 25

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† HR 1319 EAS

the State for costs of administering the State 1

loan repayment program. 2

SEC. 2603. FUNDING FOR NURSE CORPS. 3






U.S.C. 297n). 9

SEC. 2604. FUNDING FOR TEACHING HEALTH CENTERS 10

THAT OPERATE GRADUATE MEDICAL EDU-11

CATION. 12


available, and notwithstanding the capped amount ref-14

erenced in sections 340H(b)(2) and 340H(d)(2) of the Pub-15

lic Health Service Act (42 U.S.C. 256h(b)(2) and (d)(2)), 16

there is appropriated to the Secretary for fiscal year 2021, 17

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

priated, $330,000,000, to remain available until September 19

30, 2023, for the program of payments to teaching health 20

centers that operate graduate medical education under sec-21

tion 340H of the Public Health Service Act (42 U.S.C. 22

256h) and for teaching health center development grants au-23

thorized under section 749A of the Public Health Service 24

Act (42 U.S.C. 293l–1). 25

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(b) USE OF FUNDS.—Amounts made available pursu-1

ant to subsection (a) shall be used for the following activi-2

ties: 3

(1) For making payments to establish new ap-4

proved graduate medical residency training programs 5

pursuant to section 340H(a)(1)(C) of the Public 6

Health Service Act (42 U.S.C. 256h(a)(1)(C)). 7

(2) To provide an increase to the per resident 8

amount described in section 340H(a)(2) of the Public 9

Health Service Act (42 U.S.C. 256h(a)(2)) of $10,000. 10

(3) For making payments under section 11

340H(a)(1)(A) of the Public Health Service Act (42 12

U.S.C. 256h(a)(1)(A))) to qualified teaching health 13

centers for maintenance of filled positions at existing 14

approved graduate medical residency training pro-15

grams. 16

(4) For making payments under section 17

340H(a)(1)(B) of the Public Health Service Act (42 18

U.S.C. 256h(a)(1)(B)) for the expansion of existing 19

approved graduate medical residency training pro-20

grams. 21

(5) For making awards under section 749A of 22

the Public Health Service Act (42 U.S.C. 293l–1) to 23

teaching health centers for the purpose of establishing 24

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† HR 1319 EAS

new accredited or expanded primary care residency 1

programs. 2

(6) To cover administrative costs and activities 3

necessary for qualified teaching health centers receiv-4

ing payments under section 340H of the Public 5

Health Service Act (42 U.S.C. 256h) to carry out ac-6

tivities under such section. 7

SEC. 2605. FUNDING FOR FAMILY PLANNING. 8




$50,000,000, to remain available until expended, for nec-12

essary expenses for making grants and contracts under sec-13

tion 1001 of the Public Health Service Act (42 U.S.C. 300). 14

Subtitle H—Mental Health and 15

Substance Use Disorder 16

SEC. 2701. FUNDING FOR BLOCK GRANTS FOR COMMUNITY 17

MENTAL HEALTH SERVICES. 18


appropriated to the Secretary of Health and Human Serv-20

ices (in this subtitle referred to as the ‘‘Secretary’’) for fiscal 21


appropriated, $1,500,000,000, to remain available until ex-23

pended, for carrying out subpart I of part B of title XIX 24

of the Public Health Service Act (42 U.S.C. 300x et seq.), 25

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subpart III of part B of title XIX of such Act (42 U.S.C. 1

300x–51 et seq.), and section 505(c) of such Act (42 U.S.C. 2

290aa–4(c)) with respect to mental health. Notwithstanding 3

section 1952 of the Public Health Service Act (42 U.S.C. 4

300x–62), any amount awarded to a State out of amounts 5

appropriated by this section shall be expended by the State 6

by September 30, 2025. 7

SEC. 2702. FUNDING FOR BLOCK GRANTS FOR PREVENTION 8

AND TREATMENT OF SUBSTANCE ABUSE. 9




$1,500,000,000, to remain available until expended, for car-13

rying out subpart II of part B of title XIX of the Public 14

Health Service Act (42 U.S.C. 300x–21 et seq.), subpart III 15

of part B of title XIX of such Act (42 U.S.C. 300x–51 et 16

seq.), section 505(d) of such Act (42 U.S.C. 290aa–4(d)) 17

with respect to substance abuse, and section 515(d) of such 18

Act (42 U.S.C. 290bb–21(d)). Notwithstanding section 1952 19

of the Public Health Service Act (42 U.S.C. 300x–62), any 20

amount awarded to a State out of amounts appropriated 21

by this section shall be expended by the State by September 22

30, 2025. 23

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SEC. 2703. FUNDING FOR MENTAL HEALTH AND SUBSTANCE 1

USE DISORDER TRAINING FOR HEALTH CARE 2

PROFESSIONALS, PARAPROFESSIONALS, AND 3

PUBLIC SAFETY OFFICERS. 4





pended, for the purpose described in subsection (b). 9

(b) USE OF FUNDING.—The Secretary, acting through 10

the Administrator of the Health Resources and Services Ad-11

ministration, shall, taking into consideration the needs of 12

rural and medically underserved communities, use amounts 13

appropriated by subsection (a) to award grants or contracts 14

to health professions schools, academic health centers, State 15

or local governments, Indian Tribes and Tribal organiza-16

tions, or other appropriate public or private nonprofit enti-17

ties (or consortia of entities, including entities promoting 18

multidisciplinary approaches), to plan, develop, operate, or 19

participate in health professions and nursing training ac-20

tivities for health care students, residents, professionals, 21

paraprofessionals, trainees, and public safety officers, and 22

employers of such individuals, in evidence-informed strate-23

gies for reducing and addressing suicide, burnout, mental 24

health conditions, and substance use disorders among health 25

care professionals. 26

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† HR 1319 EAS

SEC. 2704. FUNDING FOR EDUCATION AND AWARENESS 1

CAMPAIGN ENCOURAGING HEALTHY WORK 2

CONDITIONS AND USE OF MENTAL HEALTH 3

AND SUBSTANCE USE DISORDER SERVICES 4

BY HEALTH CARE PROFESSIONALS. 5







the Director of the Centers for Disease Control and Preven-12

tion and in consultation with the medical professional com-13

munity, shall use amounts appropriated by subsection (a) 14

to carry out a national evidence-based education and 15

awareness campaign directed at health care professionals 16

and first responders (such as emergency medical service 17

providers), and employers of such professionals and first re-18

sponders. Such awareness campaign shall— 19

(1) encourage primary prevention of mental 20

health conditions and substance use disorders and sec-21

ondary and tertiary prevention by encouraging health 22

care professionals to seek support and treatment for 23

their own mental health and substance use concerns; 24

and 25

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(2) help such professionals to identify risk factors 1

in themselves and others and respond to such risks. 2

SEC. 2705. FUNDING FOR GRANTS FOR HEALTH CARE PRO-3

VIDERS TO PROMOTE MENTAL HEALTH 4

AMONG THEIR HEALTH PROFESSIONAL 5

WORKFORCE. 6







the Administrator of the Health Resources and Services Ad-13

ministration, shall, taking into consideration the needs of 14

rural and medically underserved communities, use amounts 15

appropriated by subsection (a) to award grants or contracts 16

to entities providing health care, including health care pro-17

viders associations and Federally qualified health centers, 18

to establish, enhance, or expand evidence-informed pro-19

grams or protocols to promote mental health among their 20

providers, other personnel, and members. 21

SEC. 2706. FUNDING FOR COMMUNITY-BASED FUNDING FOR 22

LOCAL SUBSTANCE USE DISORDER SERVICES. 23



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† HR 1319 EAS



pended, to carry out the purpose described in subsection (b). 3

(b) USE OF FUNDS.— 4

(1) IN GENERAL.—The Secretary, acting through 5

the Assistant Secretary for Mental Health and Sub-6

stance Use and in consultation with the Director of 7

the Centers for Disease Control and Prevention, shall 8

award grants to support States; local, Tribal, and 9

territorial governments; Tribal organizations; non-10

profit community-based organizations; and primary 11

and behavioral health organizations to support com-12

munity-based overdose prevention programs, syringe 13

services programs, and other harm reduction services. 14

(2) USE OF GRANT FUNDS.—Grant funds award-15

ed under this section to eligible entities shall be used 16

for preventing and controlling the spread of infectious 17

diseases and the consequences of such diseases for in-18

dividuals with substance use disorder, distributing 19

opioid overdose reversal medication to individuals at 20

risk of overdose, connecting individuals at risk for, or 21

with, a substance use disorder to overdose education, 22

counseling, and health education, and encouraging 23

such individuals to take steps to reduce the negative 24

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† HR 1319 EAS

personal and public health impacts of substance use 1

or misuse. 2

SEC. 2707. FUNDING FOR COMMUNITY-BASED FUNDING FOR 3

LOCAL BEHAVIORAL HEALTH NEEDS. 4





pended, to carry out the purpose described in subsection (b). 9

(b) USE OF FUNDS.— 10

(1) IN GENERAL.—The Secretary, acting through 11

the Assistant Secretary for Mental Health and Sub-12

stance Use, shall award grants to State, local, Tribal, 13

and territorial governments, Tribal organizations, 14

nonprofit community-based entities, and primary 15

care and behavioral health organizations to address 16

increased community behavioral health needs wors-17

ened by the COVID–19 public health emergency. 18

(2) USE OF GRANT FUNDS.—Grant funds award-19

ed under this section to eligible entities shall be used 20

for promoting care coordination among local entities; 21

training the mental and behavioral health workforce, 22

relevant stakeholders, and community members; ex-23

panding evidence-based integrated models of care; ad-24

dressing surge capacity for mental and behavioral 25

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† HR 1319 EAS

health needs; providing mental and behavioral health 1

services to individuals with mental health needs (in-2

cluding co-occurring substance use disorders) as deliv-3

ered by behavioral and mental health professionals 4

utilizing telehealth services; and supporting, enhanc-5

ing, or expanding mental and behavioral health pre-6

ventive and crisis intervention services. 7

SEC. 2708. FUNDING FOR THE NATIONAL CHILD TRAUMATIC 8

STRESS NETWORK. 9






U.S.C. 290hh–1) with respect to addressing the problem of 15

high-risk or medically underserved persons who experience 16

violence-related stress. 17

SEC. 2709. FUNDING FOR PROJECT AWARE. 18





rying out section 520A of the Public Health Service Act 23

(42 U.S.C. 290bb–32) with respect to advancing wellness 24

and resiliency in education. 25

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† HR 1319 EAS

SEC. 2710. FUNDING FOR YOUTH SUICIDE PREVENTION. 1





rying out sections 520E and 520E–2 of the Public Health 6

Service Act (42 U.S.C. 290bb–36, 290bb–36b). 7

SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH WORK-8

FORCE EDUCATION AND TRAINING. 9






U.S.C. 294e–1). 15

SEC. 2712. FUNDING FOR PEDIATRIC MENTAL HEALTH 16

CARE ACCESS. 17





rying out section 330M of the Public Health Service Act 22

(42 U.S.C. 254c–19). 23

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† HR 1319 EAS

SEC. 2713. FUNDING FOR EXPANSION GRANTS FOR CER-1

TIFIED COMMUNITY BEHAVIORAL HEALTH 2

CLINICS. 3


appropriated to the Secretary, acting through the Assistant 5

Secretary for Mental Health and Substance Use, for fiscal 6



pended, for grants to communities and community organi-9

zations that meet the criteria for Certified Community Be-10

havioral Health Clinics pursuant to section 223(a) of the 11

Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a 12

note). 13

Subtitle I—Exchange Grant 14

Program 15

SEC. 2801. ESTABLISHING A GRANT PROGRAM FOR EX-16

CHANGE MODERNIZATION. 17

(a) IN GENERAL.—Out of funds appropriated under 18

subsection (b), the Secretary of Health and Human Services 19

(in this subtitle referred to as the ‘‘Secretary’’) shall award 20

grants to each American Health Benefits Exchange estab-21

lished under section 1311(b) of the Patient Protection and 22

Affordable Care Act (42 U.S.C. 18031(b)) (other than an 23

Exchange established by the Secretary under section 1321(c) 24

of such Act (42 U.S.C. 18041(c))) that submits to the Sec-25

retary an application at such time and in such manner, 26

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† HR 1319 EAS

and containing such information, as specified by the Sec-1

retary, for purposes of enabling such Exchange to modernize 2

or update any system, program, or technology utilized by 3

such Exchange to ensure such Exchange is compliant with 4

all applicable requirements. 5

(b) FUNDING.—In addition to amounts otherwise 6

available, there is appropriated, for fiscal year 2021, out 7



for carrying out this section. 10

Subtitle J—Continued Assistance to 11

Rail Workers 12

SEC. 2901. ADDITIONAL ENHANCED BENEFITS UNDER THE 13

RAILROAD UNEMPLOYMENT INSURANCE ACT. 14

(a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad 15

Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 16

amended— 17

(1) in the first sentence— 18

(A) by striking ‘‘March 14, 2021’’ and in-19

serting ‘‘September 6, 2021’’; 20

(B) by striking ‘‘or July 1, 2020’’ and in-21

serting ‘‘July 1, 2020, or July 1, 2021’’; and 22

(2) in the fourth sentence, by striking ‘‘March 23

14, 2021’’ and inserting ‘‘September 6, 2021’’. 24

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† HR 1319 EAS

(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 1

Funds appropriated under subparagraph (B) of section 2

2(a)(5) of the Railroad Unemployment Insurance Act (45 3

U.S.C. 352(a)(5)) shall be available to cover the cost of re-4

covery benefits provided under such section 2(a)(5) by rea-5

son of the amendments made by subsection (a) as well as 6

to cover the cost of such benefits provided under such section 7

2(a)(5) as in effect on the day before the date of enactment 8

of this Act. 9

SEC. 2902. EXTENDED UNEMPLOYMENT BENEFITS UNDER 10

THE RAILROAD UNEMPLOYMENT INSURANCE 11

ACT. 12

(a) IN GENERAL.—Section 2(c)(2)(D) of the Railroad 13

Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is 14

amended— 15

(1) in clause (i)— 16

(A) in subclause (I), by striking ‘‘185 days’’ 17

and inserting ‘‘330 days’’; 18

(B) in subclause (II), 19

(i) by striking ‘‘19 consecutive 14-day 20

periods’’ and inserting ‘‘33 consecutive 14- 21

day periods’’; and 22

(ii) by striking ‘‘6 consecutive 14-day 23

periods’’ and inserting ‘‘20 consecutive 14- 24

day periods’’; 25

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† HR 1319 EAS

(2) in clause (ii)— 1

(A) by striking ‘‘120 days of unemploy-2

ment’’ and inserting ‘‘265 days of unemploy-3

ment’’; 4

(B) by striking ‘‘12 consecutive 14-day peri-5

ods’’ and inserting ‘‘27 consecutive 14-day peri-6

ods’’; and 7

(C) by striking ‘‘6 consecutive 14-day peri-8

ods’’ and inserting ‘‘20 consecutive 14-day peri-9

ods’’; 10

(3) in clause (iii)— 11

(A) by striking ‘‘June 30, 2021’’ and insert-12

ing ‘‘June 30, 2022’’; and 13

(B) by striking ‘‘the provisions of clauses (i) 14

and (ii) shall not apply to any employee whose 15

extended benefit period under subparagraph (B) 16

begins after March 14, 2021, and shall not apply 17

to any employee with respect to any registration 18

period beginning after April 5, 2021.’’ and in-19

serting ‘‘the provisions of clauses (i) and (ii) 20

shall not apply to any employee with respect to 21

any registration period beginning after Sep-22

tember 6, 2021.’’; and 23

(4) in clause (v), by adding at the end the fol-24

lowing: ‘‘In addition to the amount appropriated by 25

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† HR 1319 EAS

the preceding two sentences, out of any funds in the 1

Treasury not otherwise appropriated, there are ap-2

propriated $2,000,000 to cover the cost of additional 3

extended unemployment benefits provided under this 4

subparagraph, to remain available until expended.’’. 5


Funds appropriated under the first, second, or third sen-7

tence of clause (v) of section 2(c)(2)(D) of the Railroad Un-8

employment Insurance Act shall be available to cover the 9

cost of additional extended unemployment benefits provided 10

under such section 2(c)(2)(D) by reason of the amendments 11

made by subsection (a) as well as to cover the cost of such 12

benefits provided under such section 2(c)(2)(D) as in effect 13

on the day before the date of enactment of this Act. 14

SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY WAITING 15

PERIOD FOR BENEFITS UNDER THE RAIL-16

ROAD UNEMPLOYMENT INSURANCE ACT. 17

(a) IN GENERAL.—Section 2112(a) of the CARES Act 18

(15 U.S.C. 9030(a)) is amended by striking ‘‘March 14, 19

2021’’ and inserting ‘‘September 6, 2021’’. 20


Funds appropriated under section 2112(c) of the CARES 22

Act (15 U.S.C. 9030(c)) shall be available to cover the cost 23

of additional benefits payable due to section 2112(a) of such 24

Act by reason of the amendments made by subsection (a) 25

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† HR 1319 EAS

as well as to cover the cost of such benefits payable due to 1

such section 2112(a) as in effect on the day before the date 2

of enactment of this Act. 3

SEC. 2904. RAILROAD RETIREMENT BOARD AND OFFICE OF 4

THE INSPECTOR GENERAL FUNDING. 5




(1) $27,975,000, to remain available until ex-9

pended, for the Railroad Retirement Board, to pre-10

vent, prepare for, and respond to coronavirus, of 11

which— 12

(A) $6,800,000 shall be for additional hir-13

ing and overtime bonuses as needed to admin-14

ister the Railroad Unemployment Insurance Act; 15

and 16

(B) $21,175,000 shall be to supplement, not 17

supplant, existing resources devoted to operations 18

and improvements for the Information Tech-19

nology Investment Initiatives of the Railroad Re-20

tirement Board; and 21

(2) $500,000, to remain available until ex-22

pended, for the Railroad Retirement Board Office of 23

Inspector General for audit, investigatory and review 24

activities. 25

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† HR 1319 EAS

Subtitle K—Ratepayer Protection 1

SEC. 2911. FUNDING FOR LIHEAP. 2


appropriated for fiscal year 2021, out of any amounts in 4


to remain available through September 30, 2022, for addi-6

tional funding to provide payments under section 2602(b) 7

of the Low-Income Home Energy Assistance Act of 1981 8

(42 U.S.C. 8621(b)), except that— 9

(1) $2,250,000,000 of such amounts shall be allo-10

cated as though the total appropriation for such pay-11

ments for fiscal year 2021 was less than 12

$1,975,000,000; and 13

(2) section 2607(b)(2)(B) of such Act (42 U.S.C. 14

8626(b)(2)(B)) shall not apply to funds appropriated 15

under this section for fiscal year 2021. 16

SEC. 2912. FUNDING FOR WATER ASSISTANCE PROGRAM. 17



and Human Services (in this section referred to as the ‘‘Sec-20

retary’’) for fiscal year 2021, out of any amounts in the 21


main available until expended, for grants to States and In-23

dian Tribes to assist low-income households, particularly 24

those with the lowest incomes, that pay a high proportion 25

116

† HR 1319 EAS

of household income for drinking water and wastewater 1

services, by providing funds to owners or operators of public 2

water systems or treatment works to reduce arrearages of 3

and rates charged to such households for such services. 4

(b) ALLOTMENT.—The Secretary shall— 5

(1) allot amounts appropriated in this section to 6

a State or Indian Tribe based on— 7

(A) the percentage of households in the 8

State, or under the jurisdiction of the Indian 9

Tribe, with income equal or less than 150 per-10

cent of the Federal poverty line; and 11

(B) the percentage of households in the 12

State, or under the jurisdiction of the Indian 13

Tribe, that spend more than 30 percent of 14

monthly income on housing; and 15

(2) reserve up to 3 percent of the amount appro-16

priated in this section for Indian Tribes and tribal 17

organizations. 18

(c) DEFINITION.—In this section, the term ‘‘State’’ 19

means each of the 50 States of the United States, the Dis-20

trict of Columbia, the Commonwealth of Puerto Rico, Amer-21

ican Samoa, Guam, the United States Virgin Islands, and 22

the Commonwealth of the Northern Mariana Islands. 23

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† HR 1319 EAS

Subtitle L—Assistance for Older 1

Americans, Grandfamilies, and 2

Kinship Families 3

SEC. 2921. SUPPORTING OLDER AMERICANS AND THEIR 4

FAMILIES. 5


wise available, there is appropriated for fiscal year 2021, 7


priated, $1,434,000,000, to remain available until ex-9

pended, to carry out the Older Americans Act of 1965. 10

(b) ALLOCATION OF AMOUNTS.—Amounts made avail-11

able by subsection (a) shall be available as follows: 12

(1) $750,000,000 shall be available to carry out 13

part C of title III of such Act. 14


title VI of such Act, including part C of such title. 16


part B of title III of such Act, including for— 18

(A) supportive services of the types made 19

available for fiscal year 2020; 20

(B) efforts related to COVID–19 vaccination 21

outreach, including education, communication, 22

transportation, and other activities to facilitate 23

vaccination of older individuals; and 24

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† HR 1319 EAS

(C) prevention and mitigation activities re-1

lated to COVID–19 focused on addressing ex-2

tended social isolation among older individuals, 3

including activities for investments in techno-4

logical equipment and solutions or other strate-5

gies aimed at alleviating negative health effects 6

of social isolation due to long-term stay-at-home 7

recommendations for older individuals for the 8

duration of the COVID–19 public health emer-9

gency. 10


part D of title III of such Act. 12


part E of title III of such Act. 14


the long-term care ombudsman program under title 16

VII of such Act. 17

SEC. 2922. NATIONAL TECHNICAL ASSISTANCE CENTER ON 18

GRANDFAMILIES AND KINSHIP FAMILIES. 19



and Human Services for fiscal year 2021, out of any money 22


to remain available through September 30, 2025, for the 24

Secretary, acting through the Administrator of the Admin-25

119

† HR 1319 EAS

istration for Community Living, to establish, directly or 1

through grants or contracts, a National Technical Assist-2

ance Center on Grandfamilies and Kinship Families (in 3

this section referred to as the ‘‘Center’’) to provide training, 4

technical assistance, and resources for government pro-5

grams, nonprofit and other community-based organiza-6

tions, and Indian Tribes, Tribal organizations, and urban 7

Indian organizations, that serve grandfamilies and kinship 8

families to support the health and well-being of members 9

of grandfamilies and kinship families, including caregivers, 10

children, and their parents. The Center shall focus pri-11

marily on serving grandfamilies and kinship families in 12

which the primary caregiver is an adult age 55 or older, 13

or the child has one or more disabilities. 14

(b) ACTIVITIES OF THE CENTER.—The Center shall— 15

(1) engage experts to stimulate the development 16

of new and identify existing evidence-based, evidence- 17

informed, and exemplary practices or programs re-18

lated to health promotion (including mental health 19

and substance use disorder treatment), education, nu-20

trition, housing, financial needs, legal issues, dis-21

ability self-determination, caregiver support, and 22

other issues to help serve caregivers, children, and 23

their parents in grandfamilies and kinship families; 24

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(2) encourage and support the implementation of 1

the evidence-based, evidence-informed, and exemplary 2

practices or programs identified under paragraph (1) 3

to support grandfamilies and kinship families and to 4

promote coordination of services for grandfamilies 5

and kinship families across systems that support 6

them; 7

(3) facilitate learning across States, territories, 8

Indian Tribes, Tribal organizations, and urban In-9

dian organizations for providing technical assistance, 10

resources, and training related to issues described in 11

paragraph (1) to individuals and entities across sys-12

tems that directly work with grandfamilies and kin-13

ship families; 14

(4) help government programs, nonprofit and 15

other community-based organizations, and Indian 16

Tribes, Tribal organizations, and urban Indian orga-17

nizations, serving grandfamilies and kinship families, 18

to plan and coordinate responses to assist 19

grandfamilies and kinship families during national, 20

State, Tribal, territorial, and local emergencies and 21

disasters; and 22

(5) assist government programs, and nonprofit 23

and other community-based organizations, in pro-24

moting equity and implementing culturally and lin-25

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guistically appropriate approaches as the programs 1

and organizations serve grandfamilies and kinship 2

families. 3

TITLE III—COMMITTEE ON BANK-4

ING, HOUSING, AND URBAN 5

AFFAIRS 6

Subtitle A—Defense Production Act 7

of 1950 8

SEC. 3101. COVID–19 EMERGENCY MEDICAL SUPPLIES EN-9

HANCEMENT. 10

(a) SUPPORTING ENHANCED USE OF THE DEFENSE 11

PRODUCTION ACT OF 1950.—In addition to funds otherwise 12

available, there is appropriated, for fiscal year 2021, out 13


$10,000,000,000, to remain available until September 30, 15

2025, to carry out titles I, III, and VII of such Act in ac-16

cordance with subsection (b). 17

(b) MEDICAL SUPPLIES AND EQUIPMENT.— 18

(1) TESTING, PPE, VACCINES, AND OTHER MATE-19

RIALS.—Except as provided in paragraph (2), 20

amounts appropriated in subsection (a) shall be used 21

for the purchase, production (including the construc-22

tion, repair, and retrofitting of government-owned or 23

private facilities as necessary), or distribution of 24

medical supplies and equipment (including durable 25

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medical equipment) related to combating the COVID– 1

19 pandemic, including— 2

(A) in vitro diagnostic products for the de-3

tection of SARS–CoV–2 or the diagnosis of the 4

virus that causes COVID–19, and the reagents 5

and other materials necessary for producing, 6

conducting, or administering such products, and 7

the machinery, equipment, laboratory capacity, 8

or other technology necessary to produce such 9

products; 10

(B) face masks and personal protective 11

equipment, including face shields, nitrile gloves, 12

N–95 filtering facepiece respirators, and any 13

other masks or equipment (including durable 14

medical equipment) needed to respond to the 15

COVID–19 pandemic, and the materials, ma-16

chinery, additional manufacturing lines or fa-17

cilities, or other technology necessary to produce 18

such equipment; and 19

(C) drugs, devices, and biological products 20

that are approved, cleared, licensed, or author-21

ized for use in treating or preventing COVID–19 22

and symptoms related to COVID–19, and any 23

materials, manufacturing machinery, additional 24

manufacturing or fill-finish lines or facilities, 25

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technology, or equipment (including durable 1

medical equipment) necessary to produce or use 2

such drugs, biological products, or devices (in-3

cluding syringes, vials, or other supplies or 4

equipment related to delivery, distribution, or 5

administration). 6

(2) RESPONDING TO PUBLIC HEALTH EMER-7

GENCIES.—After September 30, 2022, amounts appro-8

priated in subsection (a) may be used for any activity 9

authorized by paragraph (1), or any other activity 10

necessary to meet critical public health needs of the 11

United States, with respect to any pathogen that the 12

President has determined has the potential for cre-13

ating a public health emergency. 14

Subtitle B—Housing Provisions 15

SEC. 3201. EMERGENCY RENTAL ASSISTANCE. 16

(a) FUNDING.— 17


otherwise available, there is appropriated to the Sec-19

retary of the Treasury for fiscal year 2021, out of any 20


$21,550,000,000, to remain available until September 22

30, 2027, for making payments to eligible grantees 23

under this section— 24

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(2) RESERVATION OF FUNDS.—Of the amount 1

appropriated under paragraph (1), the Secretary 2

shall reserve— 3

(A) $305,000,000 for making payments 4

under this section to the Commonwealth of Puer-5

to Rico, the United States Virgin Islands, Guam, 6

the Commonwealth of the Northern Mariana Is-7

lands, and American Samoa; 8

(B) $30,000,000 for costs of the Secretary 9

for the administration of emergency rental as-10

sistance programs and technical assistance to re-11

cipients of any grants made by the Secretary to 12

provide financial and other assistance to renters; 13

(C) $3,000,000 for administrative expenses 14

of the Inspector General relating to oversight of 15

funds provided in this section; and 16

(D) $2,500,000,000 for payments to high- 17

need grantees as provided in this section. 18

(b) ALLOCATION OF FUNDS TO ELIGIBLE GRANT-19

EES.— 20

(1) ALLOCATION FOR STATES AND UNITS OF 21

LOCAL GOVERNMENT.— 22

(A) IN GENERAL.—The amount appro-23

priated under paragraph (1) of subsection (a) 24

that remains after the application of paragraph 25

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(2) of such subsection shall be allocated to eligi-1

ble grantees described in subparagraphs (A) and 2

(B) of subsection (f)(1) in the same manner as 3

the amount appropriated under section 501 of 4

subtitle A of title V of division N of the Consoli-5

dated Appropriations Act, 2021 (Public Law 6

116–260) is allocated to States and units of local 7

government under subsection (b)(1) of such sec-8

tion, except that section 501(b) of such subtitle A 9

shall be applied— 10

(i) without regard to clause (i) of 11

paragraph (1)(A); 12

(ii) by deeming the amount appro-13

priated under paragraph (1) of subsection 14

(a) of this Act that remains after the appli-15

cation of paragraph (2) of such subsection 16

to be the amount deemed to apply for pur-17

poses of applying clause (ii) of section 18

501(b)(1)(A) of such subtitle A; 19

(iii) by substituting ‘‘$152,000,000’’ 20

for ‘‘$200,000,000’’ each place such term 21

appears; 22

(iv) in subclause (I) of such section 23

501(b)(1)(A)(v), by substituting ‘‘under sec-24

tion 3201 of the American Rescue Plan Act 25

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† HR 1319 EAS

of 2021’’ for ‘‘under section 501 of subtitle 1

A of title V of division N of the Consoli-2

dated Appropriations Act, 2021’’; and 3

(v) in subclause (II) of such section 4

501(b)(1)(A)(v), by substituting ‘‘local gov-5

ernment elects to receive funds from the Sec-6

retary under section 3201 of the American 7

Rescue Plan Act of 2021 and will use the 8

funds in a manner consistent with such sec-9

tion’’ for ‘‘local government elects to receive 10

funds from the Secretary under section 501 11

of subtitle A of title V of division N of the 12

Consolidated Appropriations Act, 2021 and 13

will use the funds in a manner consistent 14

with such section’’. 15

(B) PRO RATA ADJUSTMENT.—The Sec-16

retary shall make pro rata adjustments in the 17

amounts of the allocations determined under sub-18

paragraph (A) of this paragraph for entities de-19

scribed in such subparagraph as necessary to en-20

sure that the total amount of allocations made 21

pursuant to such subparagraph does not exceed 22

the remainder appropriated amount described in 23

such subparagraph. 24

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(2) ALLOCATIONS FOR TERRITORIES.—The 1

amount reserved under subsection (a)(2)(A) shall be 2

allocated to eligible grantees described in subsection 3

(f)(1)(C) in the same manner as the amount appro-4

priated under section 501(a)(2)(A) of subtitle A of 5

title V of division N of the Consolidated Appropria-6

tions Act, 2021 (Public Law 116–260) is allocated 7

under section 501(b)(3) of such subtitle A to eligible 8

grantees described under subparagraph (C) of such 9

section 501(b)(3), except that section 501(b)(3) of such 10

subtitle A shall be applied— 11

(A) in subparagraph (A), by inserting ‘‘of 12

section 3201 of the American Rescue Plan Act of 13

2021’’ after ‘‘the amount reserved under sub-14

section (a)(2)(A)’’; and 15

(B) in clause (i) of subparagraph (B), by 16

substituting ‘‘the amount equal to 0.3 percent of 17

the amount appropriated under subsection 18

(a)(1)’’ with ‘‘the amount equal to 0.3 percent of 19

the amount appropriated under subsection (a)(1) 20

of section 3201 of the American Rescue Plan Act 21

of 2021’’. 22

(3) HIGH-NEED GRANTEES.—The Secretary shall 23

allocate funds reserved under subsection (a)(2)(D) to 24

eligible grantees with a high need for assistance under 25

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this section, with the number of very low-income 1

renter households paying more than 50 percent of in-2

come on rent or living in substandard or overcrowded 3

conditions, rental market costs, and change in em-4

ployment since February 2020 used as the factors for 5

allocating funds. 6

(c) PAYMENT SCHEDULE.— 7

(1) IN GENERAL.—The Secretary shall pay all 8

eligible grantees not less than 40 percent of each such 9

eligible grantee’s total allocation provided under sub-10

section (b) within 60 days of enactment of this Act. 11

(2) SUBSEQUENT PAYMENTS.—The Secretary 12

shall pay to eligible grantees additional amounts in 13

tranches up to the full amount of each such eligible 14

grantee’s total allocation in accordance with a proce-15

dure established by the Secretary, provided that any 16

such procedure established by the Secretary shall re-17

quire that an eligible grantee must have obligated not 18

less than 75 percent of the funds already disbursed by 19

the Secretary pursuant to this section prior to dis-20

bursement of additional amounts. 21

(d) USE OF FUNDS.— 22

(1) IN GENERAL.—An eligible grantee shall only 23

use the funds provided from payments made under 24

this section as follows: 25

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(A) FINANCIAL ASSISTANCE.— 1

(i) IN GENERAL.—Subject to clause (ii) 2

of this subparagraph, funds received by an 3

eligible grantee from payments made under 4

this section shall be used to provide finan-5

cial assistance to eligible households, not to 6

exceed 18 months, including the payment 7

of— 8

(I) rent; 9

(II) rental arrears; 10

(III) utilities and home energy 11

costs; 12

(IV) utilities and home energy 13

costs arrears; and 14

(V) other expenses related to hous-15

ing, as defined by the Secretary. 16

(ii) LIMITATION.—The aggregate 17

amount of financial assistance an eligible 18

household may receive under this section, 19

when combined with financial assistance 20

provided under section 501 of subtitle A of 21

title V of division N of the Consolidated Ap-22

propriations Act, 2021 (Public Law 116– 23

260), shall not exceed 18 months. 24

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(B) HOUSING STABILITY SERVICES.—Not 1

more than 10 percent of funds received by an eli-2

gible grantee from payments made under this 3

section may be used to provide case management 4

and other services intended to help keep house-5

holds stably housed. 6

(C) ADMINISTRATIVE COSTS.—Not more 7

than 15 percent of the total amount paid to an 8

eligible grantee under this section may be used 9

for administrative costs attributable to providing 10

financial assistance, housing stability services, 11

and other affordable rental housing and eviction 12

prevention activities, including for data collec-13

tion and reporting requirements related to such 14

funds. 15

(D) OTHER AFFORDABLE RENTAL HOUSING 16

AND EVICTION PREVENTION ACTIVITIES.—An eli-17

gible grantee may use any funds from payments 18

made under this section that are unobligated on 19

October 1, 2022, for purposes in addition to 20

those specified in this paragraph, provided 21

that— 22

(i) such other purposes are affordable 23

rental housing and eviction prevention pur-24

poses, as defined by the Secretary, serving 25

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very low-income families (as such term is 1

defined in section 3(b) of the United States 2

Housing Act of 1937 (42 U.S.C. 1437a(b))); 3

and 4

(ii) prior to obligating any funds for 5

such purposes, the eligible grantee has obli-6

gated not less than 75 percent of the total 7

funds allocated to such eligible grantee in 8

accordance with this section. 9

(2) DISTRIBUTION OF ASSISTANCE.—Amounts 10

appropriated under subsection (a)(1) of this section 11

shall be subject to the same terms and conditions that 12

apply under paragraph (4) of section 501(c) of sub-13

title A of title V of division N of the Consolidated Ap-14

propriations Act, 2021 (Public Law 116–260) to 15

amounts appropriated under subsection (a)(1) of such 16

section 501. 17

(e) REALLOCATION OF FUNDS.— 18

(1) IN GENERAL.—Beginning March 31, 2022, 19

the Secretary shall reallocate funds allocated to eligi-20

ble grantees in accordance with subsection (b) but not 21

yet paid in accordance with subsection (c)(2) accord-22

ing to a procedure established by the Secretary. 23

(2) ELIGIBILITY FOR REALLOCATED FUNDS.— 24

The Secretary shall require an eligible grantee to have 25

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obligated 50 percent of the total amount of funds allo-1

cated to such eligible grantee under subsection (b) to 2

be eligible to receive funds reallocated under para-3

graph (1) of this subsection. 4

(3) PAYMENT OF REALLOCATED FUNDS BY THE 5

SECRETARY.—The Secretary shall pay to each eligible 6

grantee eligible for a payment of reallocated funds de-7

scribed in paragraph (2) of this subsection the 8

amount allocated to such eligible grantee in accord-9

ance with the procedure established by the Secretary 10

in accordance with paragraph (1) of this subsection. 11

(4) USE OF REALLOCATED FUNDS.—Eligible 12

grantees may use any funds received in accordance 13

with this subsection only for purposes specified in 14

paragraph (1) of subsection (d). 15

(f) DEFINITIONS.—In this section: 16

(1) ELIGIBLE GRANTEE.—The term ‘‘eligible 17

grantee’’ means any of the following: 18

(A) The 50 States of the United States and 19

the District of Columbia. 20

(B) A unit of local government (as defined 21

in paragraph (5)). 22

(C) The Commonwealth of Puerto Rico, the 23

United States Virgin Islands, Guam, the Com-24

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† HR 1319 EAS

monwealth of the Northern Mariana Islands, and 1

American Samoa. 2

(2) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 3

household’’ means a household of 1 or more individ-4

uals who are obligated to pay rent on a residential 5

dwelling and with respect to which the eligible grant-6

ee involved determines that— 7

(A) 1 or more individuals within the house-8

hold has— 9

(i) qualified for unemployment bene-10

fits; or 11

(ii) experienced a reduction in house-12

hold income, incurred significant costs, or 13

experienced other financial hardship during 14

or due, directly or indirectly, to the 15

coronavirus pandemic; 16

(B) 1 or more individuals within the house-17

hold can demonstrate a risk of experiencing 18

homelessness or housing instability; and 19

(C) the household is a low-income family 20

(as such term is defined in section 3(b) of the 21

United States Housing Act of 1937 (42 U.S.C. 22

1437a(b)). 23

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(3) INSPECTOR GENERAL.—The term ‘‘Inspector 1

General’’ means the Inspector General of the Depart-2

ment of the Treasury. 3


the Secretary of the Treasury. 5

(5) UNIT OF LOCAL GOVERNMENT.—The term 6

‘‘unit of local government’’ has the meaning given 7

such term in section 501 of subtitle A of title V of di-8

vision N of the Consolidated Appropriations Act, 9

2021 (Public Law 116–260). 10

(g) AVAILABILITY.—Funds provided to an eligible 11

grantee under a payment made under this section shall re-12

main available through September 30, 2025. 13

(h) EXTENSION OF AVAILABILITY UNDER PROGRAM 14

FOR EXISTING FUNDING.—Paragraph (1) of section 501(e) 15

of subtitle A of title V of division N of the Consolidated 16

Appropriations Act, 2021 (Public Law 116–260) is amend-17

ed by striking ‘‘December 31, 2021’’ and inserting ‘‘Sep-18

tember 30, 2022’’. 19

SEC. 3202. EMERGENCY HOUSING VOUCHERS. 20


wise available, there is appropriated to the Secretary of 22

Housing and Urban Development (in this section referred 23

to as the ‘‘Secretary’’) for fiscal year 2021, out of any 24


135

† HR 1319 EAS


2030, for— 2

(1) incremental emergency vouchers under sub-3

section (b); 4

(2) renewals of the vouchers under subsection (b); 5

(3) fees for the costs of administering vouchers 6

under subsection (b) and other eligible expenses de-7

fined by notice to prevent, prepare, and respond to 8

coronavirus to facilitate the leasing of the emergency 9

vouchers, such as security deposit assistance and other 10

costs related to retention and support of participating 11

owners; and 12

(4) adjustments in the calendar year 2021 sec-13

tion 8 renewal funding allocation, including main-14

stream vouchers, for public housing agencies that ex-15

perience a significant increase in voucher per-unit 16

costs due to extraordinary circumstances or that, de-17

spite taking reasonable cost savings measures, would 18

otherwise be required to terminate rental assistance 19

for families as a result of insufficient funding. 20

(b) EMERGENCY VOUCHERS.— 21

(1) IN GENERAL.—The Secretary shall provide 22

emergency rental assistance vouchers under subsection 23

(a), which shall be tenant-based rental assistance 24

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† HR 1319 EAS

under section 8(o) of the United States Housing Act 1

of 1937 (42 U.S.C. 1437f(o)). 2

(2) QUALIFYING INDIVIDUALS OR FAMILIES DE-3

FINED.—For the purposes of this section, qualifying 4

individuals or families are those who are— 5

(A) homeless (as such term is defined in sec-6

tion 103(a) of the McKinney-Vento Homeless As-7

sistance Act (42 U.S.C. 11302(a)); 8

(B) at risk of homelessness (as such term is 9

defined in section 401(1) of the McKinney-Vento 10

Homeless Assistance Act (42 U.S.C. 11360(1))); 11

(C) fleeing, or attempting to flee, domestic 12

violence, dating violence, sexual assault, stalking, 13

or human trafficking, as defined by the Sec-14

retary; or 15

(D) recently homeless, as determined by the 16

Secretary, and for whom providing rental assist-17

ance will prevent the family’s homelessness or 18

having high risk of housing instability. 19

(3) ALLOCATION.—The Secretary shall notify 20

public housing agencies of the number of emergency 21

vouchers provided under this section to be allocated to 22

the agency not later than 60 days after the date of the 23

enactment of this Act, in accordance with a formula 24

that includes public housing agency capacity and en-25

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† HR 1319 EAS

sures geographic diversity, including with respect to 1

rural areas, among public housing agencies admin-2

istering the Housing Choice Voucher program. 3

(4) TERMS AND CONDITIONS.— 4

(A) ELECTION TO ADMINISTER.—The Sec-5

retary shall establish a procedure for public 6

housing agencies to accept or decline the emer-7

gency vouchers allocated to the agency in accord-8

ance with the formula under subparagraph (3). 9

(B) FAILURE TO USE VOUCHERS PROMPT-10

LY.—If a public housing agency fails to lease its 11

authorized vouchers under subsection (b) on be-12

half of eligible families within a reasonable pe-13

riod of time, the Secretary may revoke and redis-14

tribute any unleased vouchers and associated 15

funds, including administrative fees and costs re-16

ferred to in subsection (a)(3), to other public 17

housing agencies according to the formula under 18

paragraph (3). 19

(5) WAIVERS AND ALTERNATIVE REQUIRE-20

MENTS.—The Secretary may waive or specify alter-21

native requirements for any provision of the United 22

States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 23

or regulation applicable to such statute other than re-24

quirements related to fair housing, nondiscrimina-25

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† HR 1319 EAS

tion, labor standards, and the environment, upon a 1

finding that the waiver or alternative requirement is 2

necessary to expedite or facilitate the use of amounts 3

made available in this section. 4

(6) TERMINATION OF VOUCHERS UPON TURN-5

OVER.—After September 30, 2023, a public housing 6

agency may not reissue any vouchers made available 7

under this section when assistance for the family as-8

sisted ends. 9

(c) TECHNICAL ASSISTANCE AND OTHER COSTS.—The 10

Secretary may use not more $20,000,000 of the amounts 11

made available under this section for the costs to the Sec-12

retary of administering and overseeing the implementation 13

of this section and the Housing Choice Voucher program 14

generally, including information technology, financial re-15

porting, and other costs. Of the amounts set aside under 16

this subsection, the Secretary may use not more than 17

$10,000,000, without competition, to make new awards or 18

increase prior awards to existing technical assistance pro-19

viders to provide an immediate increase in capacity build-20

ing and technical assistance to public housing agencies. 21

(d) IMPLEMENTATION.—The Secretary may implement 22

the provisions of this section by notice. 23

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† HR 1319 EAS

SEC. 3203. EMERGENCY ASSISTANCE FOR RURAL HOUSING. 1


appropriated to the Secretary of Agriculture for fiscal year 3

2021, out of any money in the Treasury not otherwise ap-4

propriated, $100,000,000, to remain available until Sep-5

tember 30, 2022, to provide grants under section 521(a)(2) 6

of the Housing Act of 1949 or agreements entered into in 7

lieu of debt forgiveness or payments for eligible households 8

as authorized by section 502(c)(5)(D) of the Housing Act 9

of 1949, for temporary adjustment of income losses for resi-10

dents of housing financed or assisted under section 514, 515, 11

or 516 of the Housing Act of 1949 who have experienced 12

income loss but are not currently receiving Federal rental 13

assistance. 14

SEC. 3204. HOUSING COUNSELING. 15


wise available, there is appropriated to the Neighborhood 17

Reinvestment Corporation (in this section referred to as the 18

‘‘Corporation’’) for fiscal year 2021, out of any money in 19

the Treasury not otherwise appropriated, $100,000,000, to 20

remain available until September 30, 2025, for grants to 21

housing counseling intermediaries approved by the Depart-22

ment of Housing and Urban Development, State housing 23

finance agencies, and NeighborWorks organizations for pro-24

viding housing counseling services, as authorized under the 25

Neighborhood Reinvestment Corporation Act (42 U.S.C. 26

140

† HR 1319 EAS

8101–8107) and consistent with the discretion set forth in 1

section 606(a)(5) of such Act (42 U.S.C. 8105(a)(5)) to de-2

sign and administer grant programs. Of the grant funds 3

made available under this subsection, not less than 40 per-4

cent shall be provided to counseling organizations that— 5

(1) target housing counseling services to minor-6

ity and low-income populations facing housing insta-7

bility; or 8

(2) provide housing counseling services in neigh-9

borhoods having high concentrations of minority and 10

low-income populations. 11

(b) LIMITATION.—The aggregate amount provided to 12

NeighborWorks organizations under this section shall not 13

exceed 15 percent of the total of grant funds made available 14

by subsection (a). 15

(c) ADMINISTRATION AND OVERSIGHT.—The Corpora-16

tion may retain a portion of the amounts provided under 17

this section, in a proportion consistent with its standard 18

rate for program administration in order to cover its ex-19

penses related to program administration and oversight. 20

(d) HOUSING COUNSELING SERVICES DEFINED.— For 21

the purposes of this section, the term ‘‘housing counseling 22

services’’ means— 23

(1) housing counseling provided directly to 24

households facing housing instability, such as evic-25

141

† HR 1319 EAS

tion, default, foreclosure, loss of income, or homeless-1

ness; 2

(2) education, outreach, training, technology up-3

grades, and other program related support; and 4

(3) operational oversight funding for grantees 5

and subgrantees that receive funds under this section. 6

SEC. 3205. HOMELESSNESS ASSISTANCE AND SUPPORTIVE 7

SERVICES PROGRAM. 8







2025, except that amounts authorized under subsection 15

(d)(3) shall remain available until September 30, 2029, for 16

assistance under title II of the Cranston-Gonzalez National 17

Affordable Housing Act (42 U.S.C. 12721 et seq.) for the 18

following activities to primarily benefit qualifying individ-19

uals or families: 20

(1) Tenant-based rental assistance. 21

(2) The development and support of affordable 22

housing pursuant to section 212(a) of the Cranston- 23

Gonzalez National Affordable Housing Act (42 U.S.C. 24

12742(a)) (‘‘the Act’’ herein). 25

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† HR 1319 EAS

(3) Supportive services to qualifying individuals 1

or families not already receiving such supportive serv-2

ices, including— 3

(A) activities listed in section 401(29) of the 4

McKinney-Vento Homeless Assistance Act (42 5

U.S.C. 11360(29)); 6

(B) housing counseling; and 7

(C) homeless prevention services. 8

(4) The acquisition and development of non-con-9

gregate shelter units, all or a portion of which may— 10

(A) be converted to permanent affordable 11

housing; 12

(B) be used as emergency shelter under sub-13

title B of title IV of the McKinney-Vento Home-14

less Assistance Act (42 U.S.C. 11371–11378); 15

(C) be converted to permanent housing 16

under subtitle C of title IV of the McKinney- 17

Vento Homeless Assistance Act (42 U.S.C. 18

11381–11389); or 19

(D) remain as non-congregate shelter units. 20

(b) QUALIFYING INDIVIDUALS OR FAMILIES DE-21

FINED.—For the purposes of this section, qualifying indi-22

viduals or families are those who are— 23

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† HR 1319 EAS

(1) homeless, as defined in section 103(a) of the 1

McKinney-Vento Homeless Assistance Act (42 U.S.C. 2

11302(a)); 3

(2) at-risk of homelessness, as defined in section 4

401(1) of the McKinney-Vento Homeless Assistance 5

Act (42 U.S.C. 11360(1)); 6

(3) fleeing, or attempting to flee, domestic vio-7

lence, dating violence, sexual assault, stalking, or 8

human trafficking, as defined by the Secretary; 9

(4) in other populations where providing sup-10

portive services or assistance under section 212(a) of 11

the Act (42 U.S.C. 12742(a)) would prevent the fam-12

ily’s homelessness or would serve those with the great-13

est risk of housing instability; or 14

(5) veterans and families that include a veteran 15

family member that meet one of the preceding cri-16

teria. 17

(c) TERMS AND CONDITIONS.— 18

(1) FUNDING RESTRICTIONS.—The cost limits in 19

section 212(e) (42 U.S.C. 12742(e)), the commitment 20

requirements in section 218(g) (42 U.S.C. 12748(g)), 21

the matching requirements in section 220 (42 U.S.C. 22

12750), and the set-aside for housing developed, spon-23

sored, or owned by community housing development 24

organizations required in section 231 of the Act (42 25

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U.S.C. 12771) shall not apply for amounts made 1

available in this section. 2

(2) ADMINISTRATIVE COSTS.— Notwithstanding 3

sections 212(c) and (d)(1) of the Act (42 U.S.C. 4

12742(c) and (d)(1)), of the funds made available in 5

this section for carrying out activities authorized in 6

this section, a grantee may use up to fifteen percent 7

of its allocation for administrative and planning 8

costs. 9

(3) OPERATING EXPENSES.—Notwithstanding 10

sections 212(a) and (g) of the Act (42 U.S.C. 11

12742(a) and (g)), a grantee may use up to an addi-12

tional five percent of its allocation for the payment 13

of operating expenses of community housing develop-14

ment organizations and nonprofit organizations car-15

rying out activities authorized under this section, but 16

only if— 17

(A) such funds are used to develop the ca-18

pacity of the community housing development 19

organization or nonprofit organization in the ju-20

risdiction or insular area to carry out activities 21

authorized under this section; and 22

(B) the community housing development or-23

ganization or nonprofit organization complies 24

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with the limitation on assistance in section 1

234(b) of the Act (42 U.S.C. 12774(b)). 2

(4) CONTRACTING.—A grantee, when contracting 3

with service providers engaged directly in the provi-4

sion of services under paragraph (a)(3), shall, to the 5

extent practicable, enter into contracts in amounts 6

that cover the actual total program costs and admin-7

istrative overhead to provide the services contracted. 8

(d) ALLOCATION.— 9

(1) FORMULA ASSISTANCE.—Except as provided 10

in paragraphs (2) and (3), the Secretary shall allo-11

cate amounts made available under this section pur-12

suant to section 217 of the Act (42 U.S.C. 12747) to 13

grantees that received allocations pursuant to that 14

same formula in fiscal year 2021, and shall make 15

such allocations within 30 days of enactment of this 16

Act. 17

(2) TECHNICAL ASSISTANCE.—Up to $25,000,000 18

of the amounts made available under this section 19

shall be used, without competition, to make new 20

awards or increase prior awards to existing technical 21

assistance providers to provide an immediate increase 22

in capacity building and technical assistance avail-23

able to any grantees implementing activities or 24

projects consistent with this section. 25

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(3) OTHER COSTS.—Up to $50,000,000 of the 1

amounts made available under this section shall be 2

used for the administrative costs to oversee and ad-3

minister implementation of this section and the 4

HOME program generally, including information 5

technology, financial reporting, and other costs. 6

(4) WAIVERS OR ALTERNATIVE REQUIRE-7

MENTS.—The Secretary may waive or specify alter-8

native requirements for any provision of the Cran-9

ston-Gonzalez National Affordable Housing Act (42 10

U.S.C. 12701 et seq.) and titles I and IV of the 11

McKinney-Vento Homelessness Act (42 U.S.C. 11301 12

et seq., 11360 et seq.) or regulation for the adminis-13

tration of the amounts made available under this sec-14

tion other than requirements related to fair housing, 15

nondiscrimination, labor standards, and the environ-16

ment, upon a finding that the waiver or alternative 17

requirement is necessary to expedite or facilitate the 18

use of amounts made available under this section. 19

SEC. 3206. HOMEOWNER ASSISTANCE FUND. 20


wise available, there is appropriated to the Secretary of the 22

Treasury for the Homeowner Assistance Fund established 23

under subsection (c) for fiscal year 2021, out of any money 24

in the Treasury not otherwise appropriated, 25

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2025, for qualified expenses that meet the purposes specified 2

under subsection (c) and expenses described in subsection 3

(d)(1). 4


(1) CONFORMING LOAN LIMIT.—The term ‘‘con-6

forming loan limit’’ means the applicable limitation 7

governing the maximum original principal obligation 8

of a mortgage secured by a single-family residence, a 9

mortgage secured by a 2-family residence, a mortgage 10

secured by a 3-family residence, or a mortgage se-11

cured by a 4-family residence, as determined and ad-12

justed annually under section 302(b)(2) of the Federal 13

National Mortgage Association Charter Act (12 14

U.S.C. 1717(b)(2)) and section 305(a)(2) of the Fed-15

eral Home Loan Mortgage Corporation Act (12 16

U.S.C. 1454(a)(2)). 17

(2) DWELLING.—The term ‘‘dwelling’’ means 18

any building, structure, or portion thereof which is 19

occupied as, or designed or intended for occupancy as, 20

a residence by one or more individuals. 21

(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-22

ty’’ means— 23

(A) a State; or 24

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(B) any entity eligible for payment under 1

subsection (f). 2

(4) MORTGAGE.—The term ‘‘mortgage’’ means 3

any credit transaction— 4

(A) that is secured by a mortgage, deed of 5

trust, or other consensual security interest on a 6

principal residence of a borrower that is (i) a 1- 7

to 4-unit dwelling, or (ii) residential real prop-8

erty that includes a 1- to 4-unit dwelling; and 9

(B) the unpaid principal balance of which 10

was, at the time of origination, not more than 11

the conforming loan limit. 12

(5) FUND.—The term ‘‘Fund’’ means the Home-13

owner Assistance Fund established under subsection 14

(c). 15



(7) STATE.—The term ‘‘State’’ means any State 18

of the United States, the District of Columbia, the 19

Commonwealth of Puerto Rico, Guam, American 20

Samoa, the United States Virgin Islands, and the 21

Commonwealth of the Northern Mariana Islands. 22

(c) ESTABLISHMENT OF FUND.— 23

(1) ESTABLISHMENT; QUALIFIED EXPENSES.— 24

There is established in the Department of the Treas-25

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ury a Homeowner Assistance Fund to mitigate finan-1

cial hardships associated with the coronavirus pan-2

demic by providing such funds as are appropriated 3

by subsection (a) to eligible entities for the purpose of 4

preventing homeowner mortgage delinquencies, de-5

faults, foreclosures, loss of utilities or home energy 6

services, and displacements of homeowners experi-7

encing financial hardship after January 21, 2020, 8

through qualified expenses related to mortgages and 9

housing, which include— 10

(A) mortgage payment assistance; 11

(B) financial assistance to allow a home-12

owner to reinstate a mortgage or to pay other 13

housing related costs related to a period of for-14

bearance, delinquency, or default; 15

(C) principal reduction; 16

(D) facilitating interest rate reductions; 17

(E) payment assistance for— 18

(i) utilities, including electric, gas, 19

home energy, and water; 20

(ii) internet service, including 21

broadband internet access service, as defined 22

in section 8.1(b) of title 47, Code of Federal 23

Regulations (or any successor regulation); 24

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(iii) homeowner’s insurance, flood in-1

surance, and mortgage insurance; and 2

(iv) homeowner’s association, condo-3

minium association fees, or common 4

charges; 5

(F) reimbursement of funds expended by a 6

State, local government, or designated entity 7

under subsection (f) during the period beginning 8

on January 21, 2020, and ending on the date 9

that the first funds are disbursed by the eligible 10

entity under the Homeowner Assistance Fund, 11

for the purpose of providing housing or utility 12

payment assistance to homeowners or otherwise 13

providing funds to prevent foreclosure or post- 14

foreclosure eviction of a homeowner or prevent 15

mortgage delinquency or loss of housing or utili-16

ties as a response to the coronavirus disease 17

(COVID) pandemic; and 18

(G) any other assistance to promote housing 19

stability for homeowners, including preventing 20

mortgage delinquency, default, foreclosure, post- 21

foreclosure eviction of a homeowner, or the loss 22

of utility or home energy services, as determined 23

by the Secretary. 24

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(2) TARGETING.—Not less than 60 percent of 1

amounts made to each eligible entity allocated 2

amounts under subsection (d) or (f) shall be used for 3

qualified expenses that assist homeowners having in-4

comes equal to or less than 100 percent of the area 5

median income for their household size or equal to or 6

less than 100 percent of the median income for the 7

United States, as determined by the Secretary of 8

Housing and Urban Development, whichever is great-9

er. The eligible entity shall prioritize remaining funds 10

to socially disadvantaged individuals. 11

(d) ALLOCATION OF FUNDS.— 12

(1) ADMINISTRATION.—Of any amounts made 13

available under this section, the Secretary shall re-14

serve— 15

(A) to the Department of the Treasury, an 16

amount not to exceed $40,000,000 to administer 17

and oversee the Fund, and to provide technical 18

assistance to eligible entities for the creation and 19

implementation of State and tribal programs to 20

administer assistance from the Fund; and 21

(B) to the Inspector General of the Depart-22

ment of the Treasury, an amount to not exceed 23

$2,600,000 for oversight of the program under 24

this section. 25

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(2) FOR STATES.—After the application of para-1

graphs (1), (4), and (5) of this subsection and subject 2

to paragraph (3) of this subsection, the Secretary 3

shall allocate the remaining funds available within 4

the Homeowner Assistance Fund to each State of the 5

United States, the District of Columbia, and the Com-6

monwealth of Puerto Rico based on homeowner need, 7

for such State relative to all States of the United 8

States, the District of Columbia, and the Common-9

wealth of Puerto Rico, as of the date of the enactment 10

of this Act, which is determined by reference to— 11

(A) the average number of unemployed indi-12

viduals measured over a period of time not fewer 13

than 3 months and not more than 12 months; 14

and 15

(B) the total number of mortgagors with— 16

(i) mortgage payments that are more 17

than 30 days past due; or 18

(ii) mortgages in foreclosure. 19

(3) SMALL STATE MINIMUM.— 20

(A) IN GENERAL.—Each State of the United 21

States, the District of Columbia, and the Com-22

monwealth of Puerto Rico shall receive no less 23

than $50,000,000 for the purposes established in 24

(c). 25

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(B) PRO RATA ADJUSTMENTS.—The Sec-1

retary shall adjust on a pro rata basis the 2

amount of the payments for each State of the 3

United States, the District of Columbia, and the 4

Commonwealth of Puerto Rico determined under 5

this subsection without regard to this subpara-6

graph to the extent necessary to comply with the 7

requirements of subparagraph (A). 8

(4) TERRITORY SET-ASIDE.—Notwithstanding 9

any other provision of this section, of the amounts ap-10

propriated under subsection (a), the Secretary shall 11

reserve $30,000,000 to be disbursed to Guam, Amer-12

ican Samoa, the United States Virgin Islands, and 13

the Commonwealth of the Northern Mariana Islands 14

based on each such territory’s share of the combined 15

total population of all such territories, as determined 16

by the Secretary. For the purposes of this paragraph, 17

population shall be determined based on the most re-18

cent year for which data are available from the 19

United States Census Bureau. 20

(5) TRIBAL SET-ASIDE.—The Secretary shall al-21

locate funds to any eligible entity designated under 22

subsection (f) pursuant to the requirements of that 23

subsection. 24

(e) DISTRIBUTION OF FUNDS TO STATES.— 25

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(1) IN GENERAL.—The Secretary shall make 1

payments, beginning not later than 45 days after en-2

actment of this Act, from amounts allocated under 3

subsection (d) to eligible entities that have notified the 4

Secretary that they request to receive payment from 5

the Fund and that the eligible entity will use such 6

payments in compliance with this section. 7

(2) REALLOCATION.—If a State does not request 8

allocated funds by the 45th day after the date of en-9

actment of this Act, such State shall not be eligible for 10

a payment from the Secretary pursuant to this sec-11

tion, and the Secretary shall, by the 180th day after 12

the date of enactment of this Act, reallocate any funds 13

that were not requested by such State among the 14

States that have requested funds by the 45th day after 15

the date of enactment of this Act. For any such re-16

allocation of funds, the Secretary shall adhere to the 17

requirements of subsection (d), except for paragraph 18

(1), to the greatest extent possible, provided that the 19

Secretary shall also take into consideration in deter-20

mining such reallocation a State’s remaining need 21

and a State’s record of using payments from the 22

Fund to serve homeowners at disproportionate risk of 23

mortgage default, foreclosure, or displacement, includ-24

ing homeowners having incomes equal to or less than 25

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100 percent of the area median income for their 1

household size or 100 percent of the median income 2

for the United States, as determined by the Secretary 3

of Housing and Urban Development, whichever is 4

greater, and minority homeowners. 5

(f) TRIBAL SET-ASIDE.— 6

(1) SET-ASIDE.—Notwithstanding any other pro-7

vision of this section, of the amounts appropriated 8

under subsection (a), the Secretary shall use 5 percent 9

to make payments to entities that are eligible for pay-10

ments under clauses (i) and (ii) of section 11

501(b)(2)(A) of subtitle A of title V of division N of 12

the Consolidated Appropriations Act, 2021 (Public 13

Law 116–260) for the purposes described in sub-14

section (c). 15

(2) ALLOCATION AND PAYMENT.—The Secretary 16

shall allocate the funds set aside under paragraph (1) 17

using the allocation formulas described in clauses (i) 18

and (ii) of section 501(b)(2)(A) of subtitle A of title 19

V of division N of the Consolidated Appropriations 20

Act, 2021 (Public Law 116–260), and shall make 21

payments of such amounts beginning no later than 45 22

days after enactment of this Act to entities eligible for 23

payment under clauses (i) and (ii) of section 24

501(b)(2)(A) of subtitle A of title V of division N of 25

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† HR 1319 EAS

the Consolidated Appropriations Act, 2021 (Public 1

Law 116–260) that notify the Secretary that they re-2

quest to receive payments allocated from the Fund by 3

the Secretary for purposes described under subsection 4

(c) and will use such payments in compliance with 5

this section. 6

(3) ADJUSTMENT.—Allocations provided under 7

this subsection may be further adjusted as provided 8

by section 501(b)(2)(B) of subtitle A of title V of divi-9

sion N of the Consolidated Appropriations Act, 2021 10

(Public Law 116–260). 11

SEC. 3207. RELIEF MEASURES FOR SECTION 502 AND 504 DI-12

RECT LOAN BORROWERS. 13



riculture (in this section referred to as the ‘‘Secretary’’) for 16



until September 30, 2023, for direct loans made under sec-19

tions 502 and 504 of the Housing Act of 1949 (42 U.S.C. 20

1472, 1474). 21

(b) ADMINISTRATIVE EXPENSES.—The Secretary may 22

use not more than 3 percent of the amounts appropriated 23

under this section for administrative purposes. 24

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SEC. 3208. FAIR HOUSING ACTIVITIES. 1







for the Fair Housing Initiatives Program under section 561 8

of the Housing and Community Development Act of 1987 9

(42 U.S.C. 3616a) to ensure fair housing organizations have 10

additional resources to address fair housing inquiries, com-11

plaints, investigations, education and outreach activities, 12

and costs of delivering or adapting services, during or relat-13

ing to the coronavirus pandemic. 14

(b) ADMINISTRATIVE EXPENSES.—The Secretary may 15

use not more than 3 percent of the amounts appropriated 16

under this section for administrative purposes. 17

Subtitle C—Small Business (SSBCI) 18

SEC. 3301. STATE SMALL BUSINESS CREDIT INITIATIVE. 19

(a) STATE SMALL BUSINESS CREDIT INITIATIVE.— 20

(1) IN GENERAL.—The State Small Business 21

Credit Initiative Act of 2010 (12 U.S.C. 5701 et seq.) 22

is amended— 23

(A) in section 3003— 24

(i) in subsection (b)— 25

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(I) by amending paragraph (1) to 1

read as follows: 2

‘‘(1) IN GENERAL.—Not later than 30 days after 3

the date of enactment of subsection (d), the Secretary 4

shall allocate Federal funds to participating States so 5

that each State is eligible to receive an amount equal 6

to what the State would receive under the 2021 allo-7

cation, as determined under paragraph (2).’’; 8

(II) in paragraph (2)— 9

(aa) by striking ‘‘2009’’ each 10

place such term appears and in-11

serting ‘‘2021’’; 12

(bb) by striking ‘‘2008’’ each 13

place such term appears and in-14

serting ‘‘2020’’; 15

(cc) in subparagraph (A), by 16

striking ‘‘The Secretary’’ and in-17

serting ‘‘With respect to States 18

other than Tribal governments, 19

the Secretary’’; 20

(dd) in subparagraph (C)(i), 21

by striking ‘‘2007’’ and inserting 22

‘‘2019’’; and 23

(ee) by adding at the end the 24

following: 25

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† HR 1319 EAS

‘‘(C) SEPARATE ALLOCATION FOR TRIBAL 1

GOVERNMENTS.— 2

‘‘(i) IN GENERAL.—With respect to 3

States that are Tribal governments, the Sec-4

retary shall determine the 2021 allocation 5

by allocating $500,000,000 among the Trib-6

al governments in the proportion the Sec-7

retary determines appropriate, including 8

with consideration to available employment 9

and economic data regarding each such 10

Tribal government. 11

‘‘(ii) NOTICE OF INTENT; TIMING OF 12

ALLOCATION.—With respect to allocations to 13

States that are Tribal governments, the Sec-14

retary 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 en-20

actment 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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† HR 1319 EAS

than 60 days after the date of enact-1

ment of subsection (d). 2

‘‘(D) EMPLOYMENT DATA.—If the Secretary 3

determines that employment data with respect to 4

a State is unavailable from the Bureau of Labor 5

Statistics of the Department of Labor, the Sec-6

retary shall consider such other economic and 7

employment data that is otherwise available for 8

purposes of determining the employment data of 9

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’’; and 17

(II) by amending paragraph (4) 18

to read as follows: 19

‘‘(4) TERMINATION OF AVAILABILITY OF 20

AMOUNTS NOT TRANSFERRED.— 21

‘‘(A) IN GENERAL.—Any portion of a par-22

ticipating State’s allocated amount that has not 23

been transferred to the State under this section 24

may be deemed by the Secretary to be no longer 25

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† HR 1319 EAS

allocated to the State and no longer available to 1

the State and shall be returned to the general 2

fund of the Treasury or reallocated as described 3

under subparagraph (B), if— 4

‘‘(i) the second 1⁄3 of a State’s allocated 5

amount has not been transferred to the 6

State before the end of the end of the 3-year 7

period beginning on the date that the Sec-8

retary approves the State for participation; 9

or 10

‘‘(ii) the last 1⁄3 of a State’s allocated 11

amount has not been transferred to the 12

State before the end of the end of the 6-year 13

period beginning on the date that the Sec-14

retary approves the State for participation. 15

‘‘(B) REALLOCATION.—Any amount deemed 16

by the Secretary to be no longer allocated to a 17

State and no longer available to such State 18

under subparagraph (A) may be reallocated by 19

the Secretary to other participating States. In 20

making such a reallocation, the Secretary shall 21

not take into account the minimum allocation 22

requirements under subsection (b)(2)(B) or the 23

specific allocation for Tribal governments de-24

scribed under subsection (b)(2)(C).’’; 25

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(B) in section 3004(d), by striking ‘‘date of 1

enactment of this Act’’ each place it appears and 2

inserting ‘‘date of the enactment of section 3

3003(d)’’; 4

(C) in section 3005(b), by striking ‘‘date of 5

enactment of this Act’’ each place it appears and 6


3003(d)’’; 8

(D) in section 3006(b)(4), by striking ‘‘date 9

of enactment of this Act’’ and inserting ‘‘date of 10

the enactment of section 3003(d)’’; 11

(E) in section 3007(b), by striking ‘‘March 12

31, 2011’’ and inserting ‘‘March 31, 2022’’; 13

(F) in section 3009, by striking ‘‘date of en-14

actment of this Act’’ each place it appears and 15


3003(d)’’; and 17

(G) in section 3011(b), by striking ‘‘date of 18

the enactment of this Act’’ each place it appears 19

and inserting ‘‘date of the enactment of section 20

3003(d)’’. 21

(2) APPROPRIATION.— 22

(A) IN GENERAL.—In addition to amounts 23

otherwise available, there is hereby appropriated 24

to the Secretary of the Treasury for fiscal year 25

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† HR 1319 EAS

2021, out of any money in the Treasury not oth-1

erwise appropriated, $10,000,000,000, to remain 2

available until expended, to provide support to 3

small businesses responding to and recovering 4

from the economic effects of the COVID–19 pan-5

demic, ensure business enterprises owned and 6

controlled by socially and economically dis-7

advantaged individuals have access to credit and 8

investments, provide technical assistance to help 9

small businesses applying for various support 10

programs, and to pay reasonable costs of admin-11

istering such Initiative. 12

(B) RESCISSION.—With respect to amounts 13

appropriated under subparagraph (A)— 14

(i) the Secretary of the Treasury shall 15

complete all disbursements and remaining 16

obligations before September 30, 2030; and 17

(ii) any amounts that remain unex-18

pended (whether obligated or unobligated) 19

on September 30, 2030, shall be rescinded 20

and deposited into the general fund of the 21

Treasury. 22

(b) ADDITIONAL ALLOCATIONS TO SUPPORT BUSINESS 23

ENTERPRISES OWNED AND CONTROLLED BY SOCIALLY AND 24

ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Section 25

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† HR 1319 EAS

3003 of the State Small Business Credit Initiative Act of 1

2010 (12 U.S.C. 5702) is amended by adding at the end 2

the following: 3

‘‘(d) ADDITIONAL ALLOCATIONS TO SUPPORT BUSI-4

NESS ENTERPRISES OWNED AND CONTROLLED BY SO-5

CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-6

UALS.—Of the amounts appropriated for fiscal year 2021 7

to carry out the Program, the Secretary shall— 8

‘‘(1) allocate $1,500,000,000 to States from funds 9

allocated under this section and, by regulation or 10

other guidance, prescribe Program requirements that 11

the funds be expended for business enterprises owned 12

and controlled by socially and economically disadvan-13

taged individuals; and 14

‘‘(2) allocate such amounts to States based on the 15

needs of business enterprises owned and controlled by 16

socially and economically disadvantaged individuals, 17

as determined by the Secretary, in each State, and 18

not subject to the allocation formula described under 19

subsection (b). 20

‘‘(e) INCENTIVE ALLOCATIONS TO SUPPORT BUSINESS 21

ENTERPRISES OWNED AND CONTROLLED BY SOCIALLY AND 22

ECONOMICALLY DISADVANTAGED INDIVIDUALS.—Of the 23

amounts appropriated for fiscal year 2021 to carry out the 24

Program, the Secretary shall set aside $1,000,000,000 for 25

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† HR 1319 EAS

an incentive program under which the Secretary shall in-1

crease the second 1⁄3 and last 1⁄3 allocations for States that 2

demonstrate robust support, as determined by the Secretary, 3

for business concerns owned and controlled by socially and 4

economically disadvantaged individuals in the deployment 5

of prior allocation amounts.’’. 6

(c) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 7

SMALL BUSINESSES.—Section 3003 of the State Small 8

Business Credit Initiative Act of 2010 (12 U.S.C. 5702), 9

as amended by subsection (b), is further amended by adding 10

at the end the following: 11

‘‘(f) ADDITIONAL ALLOCATIONS TO SUPPORT VERY 12

SMALL BUSINESSES.— 13

‘‘(1) IN GENERAL.—Of the amounts appro-14

priated to carry out the Program, the Secretary shall 15

allocate not less than $500,000,000 to States from 16

funds allocated under this section to be expended for 17

very small businesses. 18

‘‘(2) VERY SMALL BUSINESS DEFINED.—In this 19

subsection, the term ‘very small business’— 20

‘‘(A) means a business with fewer than 10 21

employees; and 22

‘‘(B) may include independent contractors 23

and sole proprietors.’’. 24

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† HR 1319 EAS

(d) TECHNICAL ASSISTANCE.—Section 3009 of the 1

State Small Business Credit Initiative Act of 2010 (12 2

U.S.C. 5708) is amended by adding at the end the following: 3

‘‘(e) TECHNICAL ASSISTANCE.—Of the amounts appro-4

priated for fiscal year 2021 to carry out the Program, 5

$500,000,000 may be used by the Secretary to— 6

‘‘(1) provide funds to States to carry out a tech-7

nical assistance plan under which a State will pro-8

vide legal, accounting, and financial advisory serv-9

ices, either directly or contracted with legal, account-10

ing, and financial advisory firms, with priority given 11

to business enterprises owned and controlled by so-12

cially and economically disadvantaged individuals, to 13

very small businesses and business enterprises owned 14

and controlled by socially and economically disadvan-15

taged individuals applying for— 16

‘‘(A) State programs under the Program; 17

and 18

‘‘(B) other State or Federal programs that 19

support small businesses; 20

‘‘(2) transfer amounts to the Minority Business 21

Development Agency, so that the Agency may use such 22

amounts in a manner the Agency determines appro-23

priate, including through contracting with third par-24

ties, to provide technical assistance to business enter-25

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† HR 1319 EAS

prises owned and controlled by socially and economi-1

cally disadvantaged individuals applying to— 2


and 4


support small businesses; and 6

‘‘(3) contract with legal, accounting, and finan-7

cial advisory firms (with priority given to business 8

enterprises owned and controlled by socially and eco-9

nomically disadvantaged individuals), to provide 10

technical assistance to business enterprises owned and 11

controlled by socially and economically disadvantaged 12

individuals applying to— 13


and 15


support small businesses.’’. 17

(e) INCLUSION OF TRIBAL GOVERNMENTS.—Section 18

3002(10) of the State Small Business Credit Initiative Act 19

of 2010 (12 U.S.C. 5701(10)) is amended— 20

(1) in subparagraph (C), by striking ‘‘and’’ at 21

the end; 22

(2) in subparagraph (D), by striking the period 23

at the end and inserting ‘‘; and’’; and 24

(3) by adding at the end the following: 25

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† HR 1319 EAS

‘‘(E) a Tribal government, or a group of 1

Tribal governments that jointly apply for an al-2

location.’’. 3

(f) DEFINITIONS.—Section 3002 of the State Small 4

Business Credit Initiative Act of 2010 (12 U.S.C. 5701) is 5

amended by adding at the end the following: 6

‘‘(15) BUSINESS ENTERPRISE OWNED AND CON-7

TROLLED BY SOCIALLY AND ECONOMICALLY DIS-8

ADVANTAGED INDIVIDUALS.—The term ‘business en-9

terprise owned and controlled by socially and eco-10

nomically disadvantaged individuals’ means a busi-11

ness that— 12

‘‘(A) if privately owned, 51 percent is 13

owned by one or more socially and economically 14

disadvantaged individuals; 15

‘‘(B) if publicly owned, 51 percent of the 16

stock is owned by one or more socially and eco-17

nomically disadvantaged individuals; and 18

‘‘(C) in the case of a mutual institution, a 19

majority of the Board of Directors, account hold-20

ers, and the community which the institution 21

services is predominantly comprised of socially 22

and economically disadvantaged individuals. 23

‘‘(16) COMMUNITY DEVELOPMENT FINANCIAL IN-24

STITUTION.—The term ‘community development fi-25

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† HR 1319 EAS

nancial institution’ has the meaning given that term 1

under section 103 of the Riegle Community Develop-2

ment and Regulatory Improvement Act of 1994. 3

‘‘(17) MINORITY DEPOSITORY INSTITUTION.—The 4

term ‘minority depository institution’ has the mean-5

ing given that term under section 308(b) of the Fi-6

nancial Institutions Reform, Recovery, and Enforce-7

ment Act of 1989. 8

‘‘(18) SOCIALLY AND ECONOMICALLY DISADVAN-9

TAGED INDIVIDUAL.—The term ‘socially and economi-10

cally disadvantaged individual’ means an individual 11

who is a socially disadvantaged individual or an eco-12

nomically disadvantaged individual, as such terms 13

are defined, respectively, under section 8 of the Small 14

Business Act (15 U.S.C. 637) and the regulations 15

thereunder. 16

‘‘(19) TRIBAL GOVERNMENT.—The term ‘Tribal 17

government’ means the recognized governing body of 18

any Indian or Alaska Native tribe, band, nation, 19

pueblo, village, community, component band, or com-20

ponent reservation, individually identified (including 21

parenthetically) in the list published most recently as 22

of the date of enactment of this paragraph pursuant 23

to section 104 of the Federally Recognized Indian 24

Tribe List Act of 1994 (25 U.S.C. 5131).’’. 25

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† HR 1319 EAS

(g) RULE OF APPLICATION.—The amendments made 1

by this section shall apply with respect to funds appro-2

priated under this section and funds appropriated on and 3

after the date of enactment of this section. 4

Subtitle D—Public Transportation 5

SEC. 3401. FEDERAL TRANSIT ADMINISTRATION GRANTS. 6

(a) FEDERAL TRANSIT ADMINISTRATION APPROPRIA-7

TION.— 8


wise made available, there are appropriated for fiscal 10

year 2021, out of any funds in the Treasury not oth-11


available until September 30, 2024, that shall— 13

(A) be for grants to eligible recipients under 14

sections 5307, 5309, 5310, and 5311 of title 49, 15

United States Code, to prevent, prepare for, and 16

respond to coronavirus; and 17

(B) not be subject to any prior restriction 18

on the total amount of funds available for imple-19

mentation or execution of programs authorized 20

under sections 5307, 5310, or 5311 of such title. 21

(2) AVAILABILITY OF FUNDS FOR OPERATING EX-22

PENSES.— 23

(A) IN GENERAL.—Notwithstanding sub-24

section (a)(1) or (b) of section 5307 and section 25

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† HR 1319 EAS

5310(b)(2)(A) of title 49, United States Code, 1

funds provided under this section, other than 2

subsection (b)(4), shall be available for the oper-3

ating expenses of transit agencies to prevent, pre-4

pare for, and respond to the coronavirus public 5

health emergency, including, beginning on Janu-6

ary 20, 2020— 7

(i) reimbursement for payroll of public 8

transportation (including payroll and ex-9

penses of private providers of public trans-10

portation); 11

(ii) operating costs to maintain service 12

due to lost revenue due as a result of the 13

coronavirus public health emergency, in-14

cluding the purchase of personal protective 15

equipment; and 16

(iii) paying the administrative leave of 17

operations or contractor personnel due to 18

reductions in service. 19

(B) USE OF FUNDS.—Funds described in 20

subparagraph (A) shall be— 21

(i) available for immediate obligation, 22

notwithstanding the requirement for such 23

expenses to be included in a transportation 24

improvement program, long-range transpor-25

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† HR 1319 EAS

tation plan, statewide transportation plan, 1

or statewide transportation improvement 2

program under sections 5303 and 5304 of 3

title 49, United States Code; 4

(ii) directed to payroll and operations 5

of public transportation (including payroll 6

and expenses of private providers of public 7

transportation), unless the recipient certifies 8

to the Administrator of the Federal Transit 9

Administration that the recipient has not 10

furloughed any employees; 11

(iii) used to provide a Federal share of 12

the costs for any grant made under this sec-13

tion of 100 percent. 14

(b) ALLOCATION OF FUNDS.— 15

(1) URBANIZED AREA FORMULA GRANTS.— 16

(A) IN GENERAL.—Of the amounts made 17

available under subsection (a), $26,086,580,227 18

shall be for grants to recipients and subrecipients 19

under section 5307 of title 49, United States 20

Code, and shall be administered as if such funds 21

were provided under section 5307 of such title. 22

(B) ALLOCATION.—Amounts made available 23

under subparagraph (A) shall be apportioned to 24

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† HR 1319 EAS

urbanized areas based on data contained in the 1

National Transit Database such that— 2

(i) each urbanized area shall receive an 3

apportionment of an amount that, when 4

combined with amounts that were otherwise 5

made available to such urbanized area for 6

similar activities to prevent, prepare for, 7

and respond to coronavirus, is equal to 132 8

percent of the urbanized area’s 2018 oper-9

ating costs; and 10

(ii) for funds remaining after the ap-11

portionment described in clause (i), such 12

funds shall be apportioned such that each 13

urbanized area that did not receive an ap-14

portionment under clause (i) shall receive 15

an apportionment equal to 25 percent of the 16

urbanized area’s 2018 operating costs. 17

(2) FORMULA GRANTS FOR THE ENHANCED MO-18

BILITY OF SENIORS AND INDIVIDUALS WITH DISABIL-19

ITIES.— 20


available under subsection (a), $50,000,000 shall 22

be for grants to recipients or subrecipients eligi-23

ble under section 5310 of title 49, United States 24

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† HR 1319 EAS

Code, and shall be apportioned in accordance 1

with such section. 2

(B) ALLOCATION RATIO.—Amounts made 3

available under subparagraph (A) shall be allo-4

cated in the same ratio as funds were provided 5

under section 5310 of title 49, United States 6

Code, for fiscal year 2020. 7

(3) FORMULA GRANTS FOR RURAL AREAS.— 8


available under subsection (a), $317,214,013 10

shall be for grants to recipients or subrecipients 11

eligible under section 5311 of title 49, United 12

States Code, and shall be administered as if the 13

funds were provided under section 5311 of such 14

title, and shall be apportioned in accordance 15

with such section, except as described in para-16

graph (B). 17

(B) ALLOCATION RATIO.—Amounts made 18

available under subparagraph (A) to States, as 19

defined in section 5302 of title 49, United States 20

Code, shall be allocated to such States based on 21

data contained in the National Transit Data-22

base, such that— 23

(i) any State that received an amount 24

for similar activities to prevent, prepare 25

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† HR 1319 EAS

for, and respond to coronavirus that is 1

equal to or greater than 150 percent of the 2

combined 2018 rural operating costs of the 3

recipients and subrecipients in such State 4

shall receive an amount equal to 5 percent 5

of such State’s 2018 rural operating costs; 6

(ii) any State that does not receive an 7

allocation under clause (i) that received an 8

amount for similar activities to prevent, 9

prepare for, and respond to coronavirus 10

that is equal to or greater than 140 percent 11

of the combined 2018 rural operating costs 12

of the recipients and subrecipients in that 13

State shall receive an amount equal to 10 14

percent of such State’s 2018 rural operating 15

costs; and 16

(iii) any State that does not receive an 17

allocation under clauses (i) or (ii) shall re-18

ceive an amount equal to 20 percent of such 19

State’s 2018 rural operating costs. 20

(4) CAPITAL INVESTMENTS.— 21


available under subsection (a)— 23

(i) $1,425,000,000 shall be for grants 24

administered under subsections (d) and (e) 25

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† HR 1319 EAS

of section 5309 of title 49, United States 1

Code; and 2

(ii) $250,000,000 shall be for grants 3

administered under subsection (h) of section 4

5309 of title 49, United States Code. 5

(B) FUNDING DISTRIBUTION.— 6

(i) IN GENERAL.—Of the amounts 7

made available in subparagraph (A)(i), 8

$1,250,000,000 shall be provided to each re-9

cipient for all projects with existing full 10

funding grant agreements that received allo-11

cations for fiscal year 2019 or 2020, except 12

that recipients with projects open for rev-13

enue service are not eligible to receive a 14

grant under this subparagraph. Funds shall 15

be provided proportionally based on the 16

non-capital investment grant share of the 17

amount allocated. 18

(ii) ALLOCATION.—Of the amounts 19

made available in subparagraph (A)(i), 20

$175,000,000 shall be provided to each re-21

cipient for all projects with existing full 22

funding grant agreements that received an 23

allocation only prior to fiscal year 2019, ex-24

cept that projects open for revenue service 25

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† HR 1319 EAS

are not eligible to receive a grant under this 1

subparagraph and no project may receive 2

more than 40 percent of the amounts pro-3

vided under this clause. The Administrator 4

of the Federal Transit Administration shall 5

proportionally distribute funds in excess of 6

such percent to recipients for which the per-7

cent of funds does not exceed 40 percent. 8

Funds shall be provided proportionally 9

based on the non-capital investment grant 10

share of the amount allocated. 11

(iii) ELIGIBLE RECIPIENTS.—For 12

amounts made available in subparagraph 13

(A)(ii), eligible recipients shall be any re-14

cipient of an allocation under subsection (h) 15

of section 5309 of title 49, United States 16

Code, or an applicant in the project devel-17

opment phase described in paragraph (2) of 18

such subsection. 19

(iv) AMOUNT.—Amounts distributed 20

under clauses (i), (ii), and (iii) of subpara-21

graph (A) shall be provided notwith-22

standing the limitation of any calculation 23

of the maximum amount of Federal finan-24

cial assistance for the project under sub-25

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† HR 1319 EAS

section (k)(2)(C)(ii) or (h)(7) of section 1


(5) SECTION 5311(F) SERVICES.— 3


available under subsection (a) and in addition to 5

the amounts made available under paragraph 6

(3), $100,000,000 shall be available for grants to 7

recipients for bus operators that partner with re-8

cipients or subrecipients of funds under section 9

5311(f) of title 49, United States Code. 10

(B) ALLOCATION RATIO.—Notwithstanding 11

paragraph (3), the Administrator of the Federal 12

Transit Administration shall allocate amounts 13

under subparagraph (A) in the same ratio as 14

funds were provided under section 5311 of title 15

49, United States Code, for fiscal year 2020. 16

(C) EXCEPTION.—If a State or territory 17

does not have bus providers eligible under section 18

5311(f) of title 49, United States Code, funds 19

under this paragraph may be used by such State 20

or territory for any expense eligible under section 21


(6) PLANNING.— 23


available under subsection (a), $25,000,000 shall 25

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† HR 1319 EAS

be for grants to recipients eligible under section 1

5307 of title 49, United States Code, for the 2

planning of public transportation associated 3

with the restoration of services as the 4

coronavirus public health emergency concludes 5

and shall be available in accordance with such 6

section. 7

(B) AVAILABILITY OF FUNDS FOR ROUTE 8

PLANNING.—Amounts made available under sub-9

paragraph (A) shall be available for route plan-10

ning designed to— 11

(i) increase ridership and reduce travel 12

times, while maintaining or expanding the 13

total level of vehicle revenue miles of service 14

provided in the planning period; or 15

(ii) make service adjustments to in-16

crease the quality or frequency of service 17

provided to low-income riders and dis-18

advantaged neighborhoods or communities. 19

(C) LIMITATION.—Amounts made available 20

under subparagraph (A) shall not be used for 21

route planning related to transitioning public 22

transportation service provided as of the date of 23

receipt of funds to a transportation network 24

company or other third-party contract provider, 25

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† HR 1319 EAS

unless the existing provider of public transpor-1

tation service is a third-party contract provider. 2

(7) RECIPIENTS AND SUBRECIPIENTS REQUIRING 3

ADDITIONAL ASSISTANCE.— 4


available under subsection (a), $2,207,561,294 6

shall be for grants to eligible recipients or sub-7

recipients of funds under sections 5307 or 5311 8

of title 49, United States Code, that, as a result 9

of COVID–19, require additional assistance for 10

costs related to operations, personnel, cleaning, 11

and sanitization combating the spread of patho-12

gens on transit systems, and debt service pay-13

ments incurred to maintain operations and 14

avoid layoffs and furloughs. 15

(B) ADMINISTRATION.—Funds made avail-16

able under subparagraph (A) shall, after alloca-17

tion, be administered as if provided under para-18

graph (1) or (3), as applicable. 19

(C) APPLICATION REQUIREMENTS.— 20

(i) IN GENERAL.—The Administrator 21

of the Federal Transit Administration may 22

not allocate funds to an eligible recipient or 23

subrecipient of funds under chapter 53 of 24

181

† HR 1319 EAS

title 49, United States Code, unless the re-1

cipient provides to the Administrator— 2

(I) estimates of financial need; 3

(II) data on reductions in farebox 4

or other sources of local revenue for 5

sustained operations; 6

(III) a spending plan for such 7

funds; and 8

(IV) demonstration of expenditure 9

of greater than 90 percent of funds 10

available to the applicant from funds 11

made available for similar activities in 12

fiscal year 2020. 13

(ii) DEADLINES.—The Administrator 14

of the Federal Transit Administration 15

shall— 16

(I) not later than 180 days after 17

the date of enactment of this Act, issue 18

a Notice of Funding Opportunity for 19

assistance under this paragraph; and 20

(II) not later than 120 days after 21

the application deadline established in 22

the Notice of Funding Opportunity 23

under subclause (I), make awards 24

182

† HR 1319 EAS

under this paragraph to selected appli-1

cants. 2

(iii) EVALUATION.— 3

(I) IN GENERAL.—Applications 4

for assistance under this paragraph 5

shall be evaluated by the Administrator 6

of the Federal Transit Administration 7

based on the level of financial need 8

demonstrated by an eligible recipient 9

or subrecipient, including projections 10

of future financial need to maintain 11

service as a percentage of the 2018 op-12

erating costs that has not been replaced 13

by the funds made available to the eli-14

gible recipient or subrecipient under 15

paragraphs (1) through (5) of this sub-16

section when combined with the 17

amounts allocated to such eligible re-18

cipient or subrecipient from funds pre-19

viously made available for the oper-20

ating expenses of transit agencies re-21

lated to the response to the COVID–19 22

public health emergency. 23

(II) RESTRICTION.—Amounts 24

made available under this paragraph 25

183

† HR 1319 EAS

shall only be available for operating 1

expenses. 2

(iv) STATE APPLICANTS.—A State may 3

apply for assistance under this paragraph 4

on behalf of an eligible recipient or sub-5

recipient or a group of eligible recipients or 6

subrecipients. 7

(D) UNOBLIGATED FUNDS.—If amounts 8

made available under this paragraph remain 9

unobligated on September 30, 2023, such 10

amounts shall be available for any purpose eligi-11

ble under sections 5307 or 5311 of title 49, 12

United States Code. 13

TITLE IV—COMMITTEE ON 14

HOMELAND SECURITY AND 15

GOVERNMENTAL AFFAIRS 16

SEC. 4001. EMERGENCY FEDERAL EMPLOYEE LEAVE FUND. 17

(a) ESTABLISHMENT; APPROPRIATION.—There is es-18

tablished in the Treasury the Emergency Federal Employee 19

Leave Fund (in this section referred to as the ‘‘Fund’’), to 20

be administered by the Director of the Office of Personnel 21

Management, for the purposes set forth in subsection (b). 22

In addition to amounts otherwise available, there is appro-23

priated for fiscal year 2021, out of any money in the Treas-24

ury not otherwise appropriated, $570,000,000, which shall 25

184

† HR 1319 EAS

be deposited into the Fund and remain available through 1

September 30, 2022. The Fund is available for reasonable 2

expenses incurred by the Office of Personnel Management 3

in administering this section. 4

(b) PURPOSE.—Amounts in the Fund shall be avail-5

able for reimbursement to an agency for the use of paid 6

leave under this section by any employee of the agency who 7

is unable to work because the employee— 8

(1) is subject to a Federal, State, or local quar-9

antine or isolation order related to COVID–19; 10

(2) has been advised by a health care provider to 11

self-quarantine due to concerns related to COVID–19; 12

(3) is caring for an individual who is subject to 13

such an order or has been so advised; 14

(4) is experiencing symptoms of COVID–19 and 15

seeking a medical diagnosis; 16

(5) is caring for a son or daughter of such em-17

ployee if the school or place of care of the son or 18

daughter has been closed, if the school of such son or 19

daughter requires or makes optional a virtual learn-20

ing instruction model or requires or makes optional 21

a hybrid of in-person and virtual learning instruc-22

tion models, or the child care provider of such son or 23

daughter is unavailable, due to COVID–19 pre-24

cautions; 25

185

† HR 1319 EAS

(6) is experiencing any other substantially simi-1

lar condition; 2

(7) is caring for a family member with a mental 3

or physical disability or who is 55 years of age or 4

older and incapable of self-care, without regard to 5

whether another individual other than the employee is 6

available to care for such family member, if the place 7

of care for such family member is closed or the direct 8

care provider is unavailable due to COVID–19; or 9

(8) is obtaining immunization related to 10

COVID–19 or is recovering from any injury, dis-11

ability, illness, or condition related to such immuni-12

zation. 13

(c) LIMITATIONS.— 14

(1) PERIOD OF AVAILABILITY.—Paid leave under 15

this section may only be provided to and used by an 16

employee during the period beginning on the date of 17

enactment of this Act and ending on September 30, 18

2021. 19

(2) TOTAL HOURS; AMOUNT.—Paid leave under 20

this section— 21

(A) shall be provided to an employee in an 22

amount not to exceed 600 hours of paid leave for 23

each full-time employee, and in the case of a 24

part-time employee, employee on an uncommon 25

186

† HR 1319 EAS

tour of duty, or employee with a seasonal work 1

schedule, in an amount not to exceed the propor-2

tional equivalent of 600 hours to the extent 3

amounts in the Fund remain available for reim-4

bursement; 5

(B) shall be paid at the same hourly rate as 6

other leave payments; and 7

(C) may not be provided to an employee if 8

the leave would result in payments greater than 9

$2,800 in aggregate for any biweekly pay period 10

for a full-time employee, or a proportionally 11

equivalent biweekly limit for a part-time em-12

ployee. 13

(3) RELATIONSHIP TO OTHER LEAVE.—Paid 14

leave under this section— 15

(A) is in addition to any other leave pro-16

vided to an employee; and 17

(B) may not be used by an employee con-18

currently with any other paid leave. 19

(4) CALCULATION OF RETIREMENT BENEFIT.— 20

Any paid leave provided to an employee under this 21

section shall reduce the total service used to calculate 22

any Federal civilian retirement benefit. 23

(d) EMPLOYEE DEFINED.—In this section, the term 24

‘‘employee’’ means— 25

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† HR 1319 EAS

(1) an individual in the executive branch for 1

whom annual and sick leave is provided under sub-2

chapter I of chapter 63 of title 5, United States Code; 3

(2) an individual employed by the United States 4

Postal Service; 5

(3) an individual employed by the Postal Regu-6

latory Commission; and 7

(4) an employee of the Public Defender Service 8

for the District of Columbia and the District of Co-9

lumbia Courts. 10

SEC. 4002. FUNDING FOR THE GOVERNMENT ACCOUNT-11

ABILITY OFFICE. 12




main available until September 30, 2025, for necessary ex-16

penses of the Government Accountability Office to prevent, 17

prepare for, and respond to Coronavirus and to support 18

oversight of the Coronavirus response and of funds provided 19

in this Act or any other Act pertaining to the Coronavirus 20

pandemic. 21

SEC. 4003. PANDEMIC RESPONSE ACCOUNTABILITY COM-22

MITTEE FUNDING AVAILABILITY. 23



188

† HR 1319 EAS


main available until September 30, 2025, for the Pandemic 2

Response Accountability Committee to support oversight of 3

the Coronavirus response and of funds provided in this Act 4

or any other Act pertaining to the Coronavirus pandemic. 5

SEC. 4004. FUNDING FOR THE WHITE HOUSE. 6




main available until September 30, 2021, for necessary ex-10

penses for the White House, to prevent, prepare for, and 11

respond to coronavirus. 12

SEC. 4005. FEDERAL EMERGENCY MANAGEMENT AGENCY 13

APPROPRIATION. 14


appropriated to the Federal Emergency Management Agen-16

cy for fiscal year 2021, out of any money in the Treasury 17

not otherwise appropriated, $50,000,000,000, to remain 18

available until September 30, 2025, to carry out the pur-19

poses of the Disaster Relief Fund for costs associated with 20

major disaster declarations. 21

SEC. 4006. FUNERAL ASSISTANCE. 22

(a) IN GENERAL.—For the emergency declaration 23

issued by the President on March 13, 2020, pursuant to 24

section 501(b) of the Robert T. Stafford Disaster Relief and 25

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† HR 1319 EAS

Emergency Assistance Act (42 U.S.C. 5191(b)), and for any 1

subsequent major disaster declaration that supersedes such 2

emergency declaration, the President shall provide financial 3

assistance to an individual or household to meet disaster- 4

related funeral expenses under section 408(e)(1) of the Rob-5

ert T. Stafford Disaster Relief and Emergency Assistance 6

Act (42 U.S.C. 5174(e)(1)), for which the Federal cost share 7

shall be 100 percent. 8

(b) USE OF FUNDS.—Funds appropriated under sec-9

tion 4005 may be used to carry out subsection (a) of this 10

section. 11

SEC. 4007. EMERGENCY FOOD AND SHELTER PROGRAM 12

FUNDING. 13


there is appropriated to the Federal Emergency Manage-15

ment Agency for fiscal year 2021, out of any money in the 16


main available until September 30, 2025, for the emergency 18

food and shelter program. 19

SEC. 4008. HUMANITARIAN RELIEF. 20





main available until September 30, 2025, for the emergency 25

190

† HR 1319 EAS

food and shelter program for the purposes of providing hu-1

manitarian relief to families and individuals encountered 2

by the Department of Homeland Security. 3

SEC. 4009. CYBERSECURITY AND INFRASTRUCTURE SECU-4

RITY AGENCY. 5




to remain available until September 30, 2023, for the Cy-9

bersecurity and Infrastructure Security Agency for cyberse-10

curity risk mitigation. 11

SEC. 4010. APPROPRIATION FOR THE UNITED STATES DIG-12

ITAL SERVICE. 13




main available until September 30, 2024, for the United 17

States Digital Service. 18

SEC. 4011. APPROPRIATION FOR THE TECHNOLOGY MOD-19

ERNIZATION FUND. 20

In addition to amounts otherwise appropriated, there 21

is appropriated to the General Services Administration for 22


otherwise appropriated, $1,000,000,000, to remain avail-24

191

† HR 1319 EAS

able until September 30, 2025, to carry out the purposes 1

of the Technology Modernization Fund. 2

SEC. 4012. APPROPRIATION FOR THE FEDERAL CITIZEN 3

SERVICES FUND. 4


appropriated to the General Services Administration for 6



until September 30, 2024, to carry out the purposes of the 9

Federal Citizen Services Fund. 10

SEC. 4013. AFG AND SAFER PROGRAM FUNDING. 11





main available until September 30, 2025, of which 16

$100,000,000 shall be for assistance to firefighter grants and 17

$200,000,000 shall be for staffing for adequate fire and 18

emergency response grants. 19

SEC. 4014. EMERGENCY MANAGEMENT PERFORMANCE 20

GRANT FUNDING. 21





192

† HR 1319 EAS

main available until September 30, 2025, for emergency 1

management performance grants. 2

SEC. 4015. EXTENSION OF REIMBURSEMENT AUTHORITY 3

FOR FEDERAL CONTRACTORS. 4

Section 3610 of the CARES Act (Public Law 116–136; 5

134 Stat. 414) is amended by striking ‘‘September 30, 6


SEC. 4016. ELIGIBILITY FOR WORKERS’ COMPENSATION 8

BENEFITS FOR FEDERAL EMPLOYEES DIAG-9

NOSED WITH COVID–19. 10

(a) IN GENERAL.—Subject to subsection (c), a covered 11

employee shall, with respect to any claim made by or on 12

behalf of the covered employee for benefits under subchapter 13

I of chapter 81 of title 5, United States Code, be deemed 14

to have an injury proximately caused by exposure to the 15

novel coronavirus arising out of the nature of the covered 16

employee’s employment. Such covered employee, or a bene-17

ficiary of such an employee, shall be entitled to such benefits 18

for such claim, including disability compensation, medical 19

services, and survivor benefits. 20


(1) COVERED EMPLOYEE.— 22

(A) IN GENERAL.—The term ‘‘covered em-23

ployee’’ means an individual— 24

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† HR 1319 EAS

(i) who is an employee under section 1

8101(1) of title 5, United States Code, em-2

ployed in the Federal service at anytime 3

during the period beginning on January 27, 4

2020, and ending on January 27, 2023; 5

(ii) who is diagnosed with COVID–19 6

during such period; and 7

(iii) who, during a covered exposure 8

period prior to such diagnosis, carries out 9

duties that— 10

(I) require contact with patients, 11

members of the public, or co-workers; 12

or 13

(II) include a risk of exposure to 14

the novel coronavirus. 15

(B) TELEWORKING EXCEPTION.—The term 16

‘‘covered employee’’ does not include any em-17

ployee otherwise covered by subparagraph (A) 18

who is exclusively teleworking during a covered 19

exposure period, regardless of whether such em-20

ployment is full time or part time. 21

(2) COVERED EXPOSURE PERIOD.—The term 22

‘‘covered exposure period’’ means, with respect to a 23

diagnosis of COVID–19, the period beginning on a 24

date to be determined by the Secretary of Labor. 25

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† HR 1319 EAS

(3) NOVEL CORONAVIRUS.—The term ‘‘novel 1

coronavirus’’ means SARS–CoV–2 or another 2

coronavirus declared to be a pandemic by public 3

health authorities. 4

(c) LIMITATION.— 5

(1) DETERMINATIONS MADE ON OR BEFORE THE 6

DATE OF ENACTMENT.—This section shall not apply 7

with respect to a covered employee who is determined 8

to be entitled to benefits under subchapter I of chapter 9

81 of title 5, United States Code, for a claim de-10

scribed in subsection (a) if such determination is 11

made on or before the date of enactment of this Act. 12

(2) LIMITATION ON DURATION OF BENEFITS.— 13

No funds are authorized to be appropriated to pay, 14

and no benefits may be paid for, claims approved on 15

the basis of subsection (a) after September 30, 2030. 16

No administrative costs related to any such claim 17

may be paid after such date. 18

(d) EMPLOYEES’ COMPENSATION FUND.— 19

(1) IN GENERAL.—The costs of benefits for 20

claims approved on the basis of subsection (a) shall 21

not be included in the annual statement of the cost 22

of benefits and other payments of an agency or in-23

strumentality under section 8147(b) of title 5, United 24

States Code. 25

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(2) FAIR SHARE PROVISION.—Costs of adminis-1

tration for claims described in paragraph (1)— 2

(A) may be paid from the Employees’ Com-3

pensation Fund; and 4

(B) shall not be subject to the fair share 5

provision in section 8147(c) of title 5, United 6

States Code. 7

TITLE V—COMMITTEE ON SMALL 8

BUSINESS AND ENTREPRE-9

NEURSHIP 10

SEC. 5001. MODIFICATIONS TO PAYCHECK PROTECTION 11

PROGRAM. 12

(a) ELIGIBILITY OF CERTAIN NONPROFIT ENTITIES 13

FOR COVERED LOANS UNDER THE PAYCHECK PROTECTION 14

PROGRAM.— 15

(1) IN GENERAL.—Section 7(a)(36) of the Small 16

Business Act (15 U.S.C. 636(a)(36)), as amended by 17

the Economic Aid to Hard-Hit Small Businesses, 18

Nonprofits, and Venues Act (title III of division N of 19

Public Law 116–260), is amended— 20

(A) in subparagraph (A)— 21

(i) in clause (xv), by striking ‘‘and’’ at 22

the end; 23

(ii) in clause (xvi), by striking the pe-24

riod at the end and inserting ‘‘; and’’; and 25

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(iii) by adding at the end the fol-1

lowing: 2

‘‘(xvii) the term ‘additional covered 3

nonprofit entity’— 4

‘‘(I) means an organization de-5

scribed in any paragraph of section 6

501(c) of the Internal Revenue Code of 7

1986, other than paragraph (3), (4), 8

(6), or (19), and exempt from tax 9

under section 501(a) of such Code; and 10

‘‘(II) does not include any entity 11

that, if the entity were a business con-12

cern, would be described in section 13

120.110 of title 13, Code of Federal 14

Regulations (or in any successor regu-15

lation or other related guidance or rule 16

that may be issued by the Adminis-17

trator) other than a business concern 18

described in paragraph (a) or (k) of 19

such section.’’; and 20

(B) in subparagraph (D)— 21

(i) in clause (iii), by adding at the end 22

the following: 23

‘‘(III) ELIGIBILITY OF CERTAIN 24

ORGANIZATIONS.—Subject to the provi-25

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† HR 1319 EAS

sions in this subparagraph, during the 1

covered period— 2

‘‘(aa) a nonprofit organiza-3

tion shall be eligible to receive a 4

covered loan if the nonprofit orga-5

nization employs not more than 6

500 employees per physical loca-7

tion of the organization; and 8

‘‘(bb) an additional covered 9

nonprofit entity and an organiza-10

tion that, but for subclauses 11

(I)(dd) and (II)(dd) of clause 12

(vii), would be eligible for a cov-13

ered loan under clause (vii) shall 14

be eligible to receive a covered 15

loan if the entity or organization 16

employs not more than 300 em-17

ployees per physical location of 18

the entity or organization.’’; and 19

(ii) by adding at the end the following: 20

‘‘(ix) ELIGIBILITY OF ADDITIONAL COV-21

ERED NONPROFIT ENTITIES.—An additional 22

covered nonprofit entity shall be eligible to 23

receive a covered loan if— 24

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‘‘(I) the additional covered non-1

profit entity does not receive more than 2

15 percent of its receipts from lobbying 3

activities; 4

‘‘(II) the lobbying activities of the 5

additional covered nonprofit entity do 6

not comprise more than 15 percent of 7

the total activities of the organization; 8

‘‘(III) the cost of the lobbying ac-9

tivities of the additional covered non-10

profit entity did not exceed $1,000,000 11

during the most recent tax year of the 12

additional covered nonprofit entity 13

that ended prior to February 15, 2020; 14

and 15

‘‘(IV) the additional covered non-16

profit entity employs not more than 17

300 employees.’’. 18

(2) ELIGIBILITY FOR SECOND DRAW LOANS.— 19

Paragraph (37)(A)(i) of section 7(a) of the Small 20

Business Act (15 U.S.C. 636(a)), as added by the 21

Economic Aid to Hard-Hit Small Businesses, Non-22

profits, and Venues Act (title III of division N of 23

Public Law 116–260), is amended by inserting ‘‘ ‘ad-24

ditional covered nonprofit entity’,’’ after ‘‘the terms’’. 25

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(b) ELIGIBILITY OF INTERNET PUBLISHING ORGANI-1

ZATIONS FOR COVERED LOANS UNDER THE PAYCHECK 2

PROTECTION PROGRAM.— 3

(1) IN GENERAL.—Section 7(a)(36)(D) of the 4

Small Business Act (15 U.S.C. 636(a)(36)(D)), as 5

amended by subsection (a), is further amended— 6

(A) in clause (iii), by adding at the end the 7

following: 8

‘‘(IV) ELIGIBILITY OF INTERNET 9

PUBLISHING ORGANIZATIONS.—A busi-10

ness concern or other organization that 11

was not eligible to receive a covered 12

loan the day before the date of enact-13

ment of this subclause, is assigned a 14

North American Industry Classifica-15

tion System code of 519130, certifies in 16

good faith as an Internet-only news 17

publisher or Internet-only periodical 18

publisher, and is engaged in the collec-19

tion and distribution of local or re-20

gional and national news and infor-21

mation shall be eligible to receive a 22

covered loan for the continued provi-23

sion of news, information, content, or 24

emergency information if— 25

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‘‘(aa) the business concern or 1

organization employs not more 2

than 500 employees, or the size 3

standard established by the Ad-4

ministrator for that North Amer-5

ican Industry Classification code, 6

per physical location of the busi-7

ness concern or organization; and 8

‘‘(bb) the business concern or 9

organization makes a good faith 10

certification that proceeds of the 11

loan will be used to support ex-12

penses at the component of the 13

business concern or organization 14

that supports local or regional 15

news.’’; 16

(B) in clause (iv)— 17

(i) in subclause (III), by striking 18

‘‘and’’ at the end; 19

(ii) in subclause (IV)(bb), by striking 20

the period at the end and inserting ‘‘; and’’; 21

and 22

(iii) by adding at the end the fol-23

lowing: 24

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‘‘(V) any business concern or 1

other organization that was not eligible 2

to receive a covered loan the day before 3

the date of enactment of this subclause, 4

is assigned a North American Industry 5

Classification System code of 519130, 6

certifies in good faith as an Internet- 7

only news publisher or Internet-only 8

periodical publisher, and is engaged in 9

the collection and distribution of local 10

or regional and national news and in-11

formation, if the business concern or 12

organization— 13

‘‘(aa) employs not more than 14

500 employees, or the size stand-15

ard established by the Adminis-16

trator for that North American 17

Industry Classification code, per 18

physical location of the business 19

concern or organization; and 20

‘‘(bb) is majority owned or 21

controlled by a business concern 22

or organization that is assigned a 23

North American Industry Classi-24

fication System code of 519130.’’; 25

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(C) in clause (v), by striking ‘‘clause 1

(iii)(II), (iv)(IV), or (vii)’’ and inserting ‘‘sub-2

clause (II), (III), or (IV) of clause (iii), sub-3

clause (IV) or (V) of clause (iv), clause (vii), or 4

clause (ix)’’; and 5

(D) in clause (viii)(II)— 6

(i) by striking ‘‘business concern made 7

eligible by clause (iii)(II) or clause (iv)(IV) 8

of this subparagraph’’ and inserting ‘‘busi-9

ness concern made eligible by subclause (II) 10

or (IV) of clause (iii) or subclause (IV) or 11

(V) of clause (iv) of this subparagraph’’; 12

and 13

(ii) by inserting ‘‘or organization’’ 14

after ‘‘business concern’’ each place it ap-15

pears. 16

(2) ELIGIBILITY FOR SECOND DRAW LOANS.— 17

Section 7(a)(37)(A)(iv)(II) of the Small Business Act, 18

as amended by the Economic Aid to Hard-Hit Small 19

Businesses, Nonprofits, and Venues Act (title III of 20

division N of Public Law 116–260), is amended by 21

striking ‘‘clause (iii)(II), (iv)(IV), or (vii)’’ and in-22

serting ‘‘subclause (II), (III), or (IV) of clause (iii), 23

subclause (IV) or (V) of clause (iv), clause (vii), or 24

clause (ix)’’. 25

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(c) COORDINATION WITH CONTINUATION COVERAGE 1

PREMIUM ASSISTANCE.— 2

(1) PAYCHECK PROTECTION PROGRAM.—Section 3

7A(a)(12) of the Small Business Act (as redesignated, 4

transferred, and amended by section 304(b) of the 5

Economic Aid to Hard-Hit Small Businesses, Non-6

profits, and Venues Act (Public Law 116–260)) is 7

amended— 8

(A) by striking ‘‘CARES Act or’’ and in-9

serting ‘‘CARES Act,’’; and 10

(B) by inserting before the period at the end 11

the following: ‘‘, or premiums taken into account 12

in determining the credit allowed under section 13

6432 of the Internal Revenue Code of 1986’’. 14

(2) PAYCHECK PROTECTION PROGRAM SECOND 15

DRAW.—Section 7(a)(37)(J)(iii)(I) of the Small Busi-16

ness Act, as amended by the Economic Aid to Hard- 17

Hit Small Businesses, Nonprofits, and Venues Act 18

(title III of division N of Public Law 116–260), is 19

amended— 20

(A) by striking ‘‘or’’ at the end of item (aa); 21

(B) by striking the period at the end of item 22

(bb) and inserting ‘‘; or’’; and 23

(C) by adding at the end the following new 24

item: 25

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‘‘(cc) premiums taken into 1

account in determining the credit 2

allowed under section 6432 of the 3

Internal Revenue Code of 1986.’’. 4

(3) APPLICABILITY.—The amendments made by 5

this subsection shall apply only with respect to appli-6

cations for forgiveness of covered loans made under 7

paragraphs (36) or (37) of section 7(a) of the Small 8

Business Act, as amended by the Economic Aid to 9

Hard-Hit Small Businesses, Nonprofits, and Venues 10

Act (title III of division N of Public Law 116–260), 11

that are received on or after the date of the enactment 12

of this Act. 13

(d) COMMITMENT AUTHORITY AND APPROPRIA-14

TIONS.— 15

(1) COMMITMENT AUTHORITY.—Section 16

1102(b)(1) of the CARES Act (Public Law 116–136) 17

is amended by striking ‘‘$806,450,000,000’’ and in-18

serting ‘‘$813,700,000,000’’. 19

(2) DIRECT APPROPRIATIONS.—In addition to 20

amounts otherwise available, there is appropriated to 21

the Administrator of the Small Business Administra-22

tion for fiscal year 2021, out of any money in the 23

Treasury not otherwise appropriated, $7,250,000,000, 24

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† HR 1319 EAS

to remain available until expended, for carrying out 1

this section. 2

SEC. 5002. TARGETED EIDL ADVANCE. 3

(a) DEFINITIONS.—In this section— 4

(1) the term ‘‘Administrator’’ means the Admin-5

istrator of the Small Business Administration; and 6

(2) the terms ‘‘covered entity’’ and ‘‘economic 7

loss’’ have the meanings given the terms in section 8

331(a) of the Economic Aid to Hard-Hit Small Busi-9

nesses, Nonprofits, and Venues Act (title III of divi-10

sion N of Public Law 116–260). 11

(b) APPROPRIATIONS.—In addition to amounts other-12

wise available, there is appropriated to the Administrator 13

for fiscal year 2021, out of any money in the Treasury not 14

otherwise appropriated, $15,000,000,000— 15

(1) to remain available until expended; and 16

(2) of which, the Administrator shall use— 17

(A) $10,000,000,000 to make payments to 18

covered entities that have not received the full 19

amounts to which the covered entities are enti-20

tled under section 331 of the Economic Aid to 21

Hard-Hit Small Businesses, Nonprofits, and 22

Venues Act (title III of division N of Public Law 23

116–260); and 24

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(B) $5,000,000,000 to make payments 1

under section 1110(e) of the CARES Act (15 2

U.S.C. 9009(e)), each of which shall be— 3

(i) made to a covered entity that— 4

(I) has suffered an economic loss 5

of greater than 50 percent; and 6

(II) employs not more than 10 7

employees; 8

(ii) in an amount that is $5,000; and 9

(iii) with respect to the covered entity 10

to which the payment is made, in addition 11

to any payment made to the covered entity 12

under section 1110(e) of the CARES Act 13

(15 U.S.C. 9009(e)) or section 331 of the 14

Economic Aid to Hard-Hit Small Busi-15

nesses, Nonprofits, and Venues Act (title III 16

of division N of Public Law 116–260). 17

SEC. 5003. SUPPORT FOR RESTAURANTS. 18


(1) ADMINISTRATOR.—The term ‘‘Adminis-20

trator’’ means the Administrator of the Small Busi-21

ness Administration. 22

(2) AFFILIATED BUSINESS.—The term ‘‘affiliated 23

business’’ means a business in which an eligible enti-24

ty has an equity or right to profit distributions of not 25

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† HR 1319 EAS

less than 50 percent, or in which an eligible entity 1

has the contractual authority to control the direction 2

of the business, provided that such affiliation shall be 3

determined as of any arrangements or agreements in 4

existence as of March 13, 2020. 5

(3) COVERED PERIOD.—The term ‘‘covered pe-6

riod’’ means the period— 7

(A) beginning on February 15, 2020; and 8

(B) ending on December 31, 2021, or a date 9

to be determined by the Administrator that is 10

not later than 2 years after the date of enact-11

ment of this section. 12

(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-13

ty’’— 14

(A) means a restaurant, food stand, food 15

truck, food cart, caterer, saloon, inn, tavern, bar, 16

lounge, brewpub, tasting room, taproom, licensed 17

facility or premise of a beverage alcohol producer 18

where the public may taste, sample, or purchase 19

products, or other similar place of business in 20

which the public or patrons assemble for the pri-21

mary purpose of being served food or drink; 22

(B) includes an entity described in sub-23

paragraph (A) that is located in an airport ter-24

minal or that is a Tribally-owned concern; and 25

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† HR 1319 EAS

(C) does not include— 1

(i) an entity described in subpara-2

graph (A) that— 3

(I) is a State or local government- 4

operated business; 5

(II) as of March 13, 2020, owns 6

or operates (together with any affili-7

ated business) more than 20 locations, 8

regardless of whether those locations do 9

business under the same or multiple 10

names; or 11

(III) has a pending application 12

for or has received a grant under sec-13

tion 324 of the Economic Aid to Hard- 14

Hit Small Businesses, Nonprofits, and 15

Venues Act (title III of division N of 16

Public Law 116–260); or 17

(ii) a publicly-traded company. 18

(5) EXCHANGE; ISSUER; SECURITY.—The terms 19

‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the mean-20

ings given those terms in section 3(a) of the Securities 21

Exchange Act of 1934 (15 U.S.C. 78c(a)). 22

(6) FUND.—The term ‘‘Fund’’ means the Res-23

taurant Revitalization Fund established under sub-24

section (b). 25

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† HR 1319 EAS

(7) PANDEMIC-RELATED REVENUE LOSS.—The 1

term ‘‘pandemic-related revenue loss’’ means, with re-2

spect to an eligible entity— 3

(A) except as provided in subparagraphs 4

(B), (C), and (D), the gross receipts, as estab-5

lished using such verification documentation as 6

the Administrator may require, of the eligible en-7

tity during 2020 subtracted from the gross re-8

ceipts of the eligible entity in 2019, if such sum 9

is greater than zero; 10

(B) if the eligible entity was not in oper-11

ation for the entirety of 2019— 12

(i) the difference between— 13

(I) the product obtained by multi-14

plying the average monthly gross re-15

ceipts of the eligible entity in 2019 by 16

12; and 17

(II) the product obtained by mul-18

tiplying the average monthly gross re-19

ceipts of the eligible entity in 2020 by 20

12; or 21

(ii) an amount based on a formula de-22

termined by the Administrator; 23

(C) if the eligible entity opened during the 24

period beginning on January 1, 2020, and end-25

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† HR 1319 EAS

ing on the day before the date of enactment of 1

this section— 2

(i) the expenses described in subsection 3

(c)(5)(A) that were incurred by the eligible 4

entity minus any gross receipts received; or 5


termined by the Administrator; or 7

(D) if the eligible entity has not yet opened 8

as of the date of application for a grant under 9

subsection (c), but has incurred expenses de-10

scribed in subsection (c)(5)(A) as of the date of 11

enactment of this section— 12

(i) the amount of those expenses; or 13


termined by the Administrator. 15

For purposes of this paragraph, the pandemic-related 16

revenue losses for an eligible entity shall be reduced 17

by any amounts received from a covered loan made 18

under paragraph (36) or (37) of section 7(a) of the 19

Small Business Act (15 U.S.C. 636(a)) in 2020 or 20

2021. 21

(8) PAYROLL COSTS.—The term ‘‘payroll costs’’ 22

has the meaning given the term in section 7(a)(36)(A) 23

of the Small Business Act (15 U.S.C. 636(a)(36)(A)), 24

except that such term shall not include— 25

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† HR 1319 EAS

(A) qualified wages (as defined in sub-1

section (c)(3) of section 2301 of the CARES Act) 2

taken into account in determining the credit al-3

lowed under such section 2301; or 4

(B) premiums taken into account in deter-5

mining the credit allowed under section 6432 of 6

the Internal Revenue Code of 1986. 7

(9) PUBLICLY-TRADED COMPANY.—The term 8

‘‘publicly-traded company’’ means an entity that is 9

majority owned or controlled by an entity that is an 10

issuer, the securities of which are listed on a national 11

securities exchange under section 6 of the Securities 12

Exchange Act of 1934 (15 U.S.C. 78f). 13

(10) TRIBALLY-OWNED CONCERN.—The term 14

‘‘Tribally-owned concern’’ has the meaning given the 15

term in section 124.3 of title 13, Code of Federal Reg-16

ulations, or any successor regulation. 17

(b) RESTAURANT REVITALIZATION FUND.— 18

(1) IN GENERAL.—There is established in the 19

Treasury of the United States a fund to be known as 20

the Restaurant Revitalization Fund. 21

(2) APPROPRIATIONS.— 22

(A) IN GENERAL.—In addition to amounts 23

otherwise available, there is appropriated to the 24

Restaurant Revitalization Fund for fiscal year 25

212

† HR 1319 EAS

2021, out of any money in the Treasury not oth-1


available until expended. 3

(B) DISTRIBUTION.— 4

(i) IN GENERAL.—Of the amounts 5

made available under subparagraph (A)— 6

(I) $5,000,000,000 shall be avail-7

able to eligible entities with gross re-8

ceipts during 2019 of not more than 9

$500,000; and 10

(II) $23,600,000,000 shall be 11

available to the Administrator to 12

award grants under subsection (c) in 13

an equitable manner to eligible entities 14

of different sizes based on annual gross 15

receipts. 16

(ii) ADJUSTMENTS.—The Adminis-17

trator may make adjustments as necessary 18

to the distribution of funds under clause 19

(i)(II) based on demand and the relative 20

local costs in the markets in which eligible 21

entities operate. 22

(C) GRANTS AFTER INITIAL PERIOD.—Not-23

withstanding subparagraph (B), on and after the 24

date that is 60 days after the date of enactment 25

213

† HR 1319 EAS

of this section, or another period of time deter-1

mined by the Administrator, the Administrator 2

may make grants using amounts appropriated 3

under subparagraph (A) to any eligible entity 4

regardless of the annual gross receipts of the eli-5

gible entity. 6

(3) USE OF FUNDS.—The Administrator shall 7

use amounts in the Fund to make grants described in 8

subsection (c). 9

(c) RESTAURANT REVITALIZATION GRANTS.— 10

(1) IN GENERAL.—Except as provided in sub-11

section (b) and paragraph (3), the Administrator 12

shall award grants to eligible entities in the order in 13

which applications are received by the Administrator. 14

(2) APPLICATION.— 15

(A) CERTIFICATION.—An eligible entity ap-16

plying for a grant under this subsection shall 17

make a good faith certification that— 18

(i) the uncertainty of current economic 19

conditions makes necessary the grant re-20

quest to support the ongoing operations of 21

the eligible entity; and 22

(ii) the eligible entity has not applied 23

for or received a grant under section 324 of 24

the Economic Aid to Hard-Hit Small Busi-25

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† HR 1319 EAS

nesses, Nonprofits, and Venues Act (title III 1

of division N of Public Law 116–260). 2

(B) BUSINESS IDENTIFIERS.—In accepting 3

applications for grants under this subsection, the 4

Administrator shall prioritize the ability of each 5

applicant to use their existing business identi-6

fiers over requiring other forms of registration or 7

identification that may not be common to their 8

industry and imposing additional burdens on 9

applicants. 10

(3) PRIORITY IN AWARDING GRANTS.— 11

(A) IN GENERAL.—During the initial 21- 12

day period in which the Administrator awards 13

grants under this subsection, the Administrator 14

shall prioritize awarding grants to eligible enti-15

ties that are small business concerns owned and 16

controlled by women (as defined in section 3(n) 17

of the Small Business Act (15 U.S.C. 632(n))), 18

small business concerns owned and controlled by 19

veterans (as defined in section 3(q) of such Act 20

(15 U.S.C. 632(q))), or socially and economically 21

disadvantaged small business concerns (as de-22

fined in section 8(a)(4)(A) of the Small Business 23

Act (15 U.S.C. 637(a)(4)(A))). The Adminis-24

trator may take such steps as necessary to ensure 25

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† HR 1319 EAS

that eligible entities described in this subpara-1

graph have access to grant funding under this 2

section after the end of such 21-day period. 3

(B) CERTIFICATION.—For purposes of estab-4

lishing priority under subparagraph (A), an ap-5

plicant shall submit a self-certification of eligi-6

bility for priority with the grant application. 7

(4) GRANT AMOUNT.— 8

(A) AGGREGATE MAXIMUM AMOUNT.—The 9

aggregate amount of grants made to an eligible 10

entity and any affiliated businesses of the eligi-11

ble entity under this subsection— 12

(i) shall not exceed $10,000,000; and 13

(ii) shall be limited to $5,000,000 per 14

physical location of the eligible entity. 15

(B) DETERMINATION OF GRANT AMOUNT.— 16

(i) IN GENERAL.—Except as provided 17

in this paragraph, the amount of a grant 18

made to an eligible entity under this sub-19

section shall be equal to the pandemic-re-20

lated revenue loss of the eligible entity. 21

(ii) RETURN TO TREASURY.—Any 22

amount of a grant made under this sub-23

section to an eligible entity based on esti-24

mated receipts that is greater than the ac-25

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† HR 1319 EAS

tual gross receipts of the eligible entity in 1

2020 shall be returned to the Treasury. 2

(5) USE OF FUNDS.—During the covered period, 3

an eligible entity that receives a grant under this sub-4

section may use the grant funds for the following ex-5

penses incurred as a direct result of, or during, the 6

COVID–19 pandemic: 7

(A) Payroll costs. 8

(B) Payments of principal or interest on 9

any mortgage obligation (which shall not include 10

any prepayment of principal on a mortgage obli-11

gation). 12

(C) Rent payments, including rent under a 13

lease agreement (which shall not include any 14

prepayment of rent). 15

(D) Utilities. 16

(E) Maintenance expenses, including— 17

(i) construction to accommodate out-18

door seating; and 19

(ii) walls, floors, deck surfaces, fur-20

niture, fixtures, and equipment. 21

(F) Supplies, including protective equip-22

ment and cleaning materials. 23

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† HR 1319 EAS

(G) Food and beverage expenses that are 1

within the scope of the normal business practice 2

of the eligible entity before the covered period. 3

(H) Covered supplier costs, as defined in 4

section 7A(a) of the Small Business Act (as re-5

designated, transferred, and amended by section 6

304(b) of the Economic Aid to Hard-Hit Small 7

Businesses, Nonprofits, and Venues Act (Public 8

Law 116–260)). 9

(I) Operational expenses. 10

(J) Paid sick leave. 11

(K) Any other expenses that the Adminis-12

trator determines to be essential to maintaining 13

the eligible entity. 14

(6) RETURNING FUNDS.—If an eligible entity 15

that receives a grant under this subsection fails to use 16

all grant funds or permanently ceases operations on 17

or before the last day of the covered period, the eligible 18

entity shall return to the Treasury any funds that the 19

eligible entity did not use for the allowable expenses 20

under paragraph (5). 21

SEC. 5004. COMMUNITY NAVIGATOR PILOT PROGRAM. 22


(1) ADMINISTRATION.—The term ‘‘Administra-24

tion’’ means the Small Business Administration. 25

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† HR 1319 EAS

(2) ADMINISTRATOR.—The term ‘‘Adminis-1

trator’’ means the Administrator of the Small Busi-2

ness Administration. 3

(3) COMMUNITY NAVIGATOR SERVICES.—The 4

term ‘‘community navigator services’’ means the out-5

reach, education, and technical assistance provided by 6

community navigators that target eligible businesses 7

to increase awareness of, and participation in, pro-8

grams of the Small Business Administration. 9

(4) COMMUNITY NAVIGATOR.—The term ‘‘commu-10

nity navigator’’ means a community organization, 11

community financial institution as defined in section 12

7(a)(36)(A) of the Small Business Act (15 U.S.C. 13

636(a)(36)(A)), or other private nonprofit organiza-14

tion engaged in the delivery of community navigator 15

services. 16

(5) ELIGIBLE BUSINESS.—The term ‘‘eligible 17

business’’ means any small business concern, with 18

priority for small business concerns owned and con-19

trolled by women (as defined in section 3(n) of the 20

Small Business Act (15 U.S.C. 632(n))), small busi-21

ness concerns owned and controlled by veterans (as 22

defined in section 3(q) of such Act (15 U.S.C. 23

632(q))), and socially and economically disadvan-24

taged small business concerns (as defined in section 25

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† HR 1319 EAS

8(a)(4)(A) of the Small Business Act (15 U.S.C. 1

637(a)(4)(A))). 2

(6) PRIVATE NONPROFIT ORGANIZATION.—The 3

term ‘‘private nonprofit organization’’ means an enti-4

ty that is described in section 501(c) of the Internal 5

Revenue Code of 1986 and exempt from tax under sec-6

tion 501(a) of such Code. 7

(7) RESOURCE PARTNER.—The term ‘‘resource 8

partner’’ means— 9

(A) a small business development center (as 10

defined in section 3 of the Small Business Act 11

(15 U.S.C. 632)); 12

(B) a women’s business center (as described 13

in section 29 of the Small Business Act (15 14

U.S.C. 656)); and 15

(C) a chapter of the Service Corps of Re-16

tired Executives (as defined in section 8(b)(1)(B) 17

of the Act (15 U.S.C. 637(b)(1)(B))). 18

(8) SMALL BUSINESS CONCERN.—The term 19

‘‘small business concern’’ has the meaning given 20

under section 3 of the Small Business Act (15 U.S.C. 21

632). 22

(9) STATE.—The term ‘‘State’’ means a State of 23

the United States, the District of Columbia, the Com-24

monwealth of Puerto Rico, the Virgin Islands, Amer-25

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† HR 1319 EAS

ican Samoa, the Commonwealth of the Northern Mar-1

iana Islands, and Guam, or an agency, instrumen-2

tality, or fiscal agent thereof. 3

(10) UNIT OF GENERAL LOCAL GOVERNMENT.— 4

The term ‘‘unit of general local government’’ means a 5

county, city, town, village, or other general purpose 6

political subdivision of a State. 7

(b) COMMUNITY NAVIGATOR PILOT PROGRAM.— 8

(1) IN GENERAL.—The Administrator of the 9

Small Business Administration shall establish a Com-10

munity Navigator pilot program to make grants to, 11

or enter into contracts or cooperative agreements 12

with, private nonprofit organizations, resource part-13

ners, States, Tribes, and units of local government to 14

ensure the delivery of free community navigator serv-15

ices to current or prospective owners of eligible busi-16

nesses in order to improve access to assistance pro-17

grams and resources made available because of the 18

COVID–19 pandemic by Federal, State, Tribal, and 19

local entities. 20

(2) APPROPRIATIONS.—In addition to amounts 21

otherwise available, there is appropriated to the Ad-22

ministrator for fiscal year 2021, out of any money in 23

the Treasury not otherwise appropriated, 24

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† HR 1319 EAS

$100,000,000, to remain available until September 1

30, 2022, for carrying out this subsection. 2

(c) OUTREACH AND EDUCATION.— 3

(1) PROMOTION.—The Administrator shall de-4

velop and implement a program to promote commu-5

nity navigator services to current or prospective own-6

ers of eligible businesses. 7

(2) CALL CENTER.—The Administrator shall es-8

tablish a telephone hotline to offer information about 9

Federal programs to assist eligible businesses and 10

offer referral services to resource partners, community 11

navigators, potential lenders, and other persons that 12

the Administrator determines appropriate for current 13

or prospective owners of eligible businesses. 14

(3) OUTREACH.—The Administrator shall— 15

(A) conduct outreach and education, in the 16

10 most commonly spoken languages in the 17

United States, to current or prospective owners 18

of eligible businesses on community navigator 19

services and other Federal programs to assist eli-20

gible businesses; 21

(B) improve the website of the Administra-22

tion to describe such community navigator serv-23

ices and other Federal programs; and 24

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(C) implement an education campaign by 1

advertising in media targeted to current or pro-2

spective owners of eligible businesses. 3

(4) APPROPRIATIONS.—In addition to amounts 4

otherwise available, there is appropriated to the Ad-5

ministrator for fiscal year 2021, out of any money in 6

the Treasury not otherwise appropriated, 7


2022, for carrying out this subsection. 9

(d) SUNSET.—The authority of the Administrator to 10

make grants under this section shall terminate on December 11

31, 2025. 12

SEC. 5005. SHUTTERED VENUE OPERATORS. 13


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



carry out section 324 of the Economic Aid to Hard-Hit 18

Small Businesses, Nonprofits, and Venues Act (title III of 19

division N of Public Law 116–260), of which $500,000 shall 20

be used to provide technical assistance to help applicants 21

access the System for Award Management (or any successor 22

thereto) or to assist applicants with an alternative grant 23

application system. 24

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(b) REDUCTION OF SHUTTERED VENUES ASSISTANCE 1

FOR NEW PPP RECIPIENTS.—Section 324 of the Economic 2

Aid to Hard-Hit Small Businesses, Nonprofits, and Venues 3

Act (title III of division N of Public Law 116–260), is 4

amended— 5

(1) in subsection (a)(1)(A)(vi)— 6

(A) by striking subclause (III); 7

(B) by redesignating subclause (IV) as sub-8

clause (III); and 9

(C) in subclause (III), as so redesignated, 10

by striking ‘‘subclauses (I), (II), and (III)’’ and 11

inserting ‘‘subclauses (I) and (II)’’; and 12

(2) in subsection (c)(1)— 13

(A) in subparagraph (A), in the matter pre-14

ceding clause (i), by striking ‘‘A grant’’ and in-15

serting ‘‘Subject to subparagraphs (B) and (C), 16

a grant’’; and 17

(B) by adding at the end the following: 18

‘‘(C) REDUCTION FOR RECIPIENTS OF NEW 19

PPP LOANS.— 20

‘‘(i) IN GENERAL.—The otherwise ap-21

plicable amount of a grant under subsection 22

(b)(2) to an eligible person or entity shall be 23

reduced by the total amount of loans guar-24

anteed under paragraph (36) or (37) of sec-25

224

† HR 1319 EAS

tion 7(a) of the Small Business Act (15 1

U.S.C. 636(a)) that are received on or after 2

December 27, 2020 by the eligible person or 3

entity. 4

‘‘(ii) APPLICATION TO GOVERNMENTAL 5

ENTITIES.—For purposes of applying clause 6

(i) to an eligible person or entity owned by 7

a State or a political subdivision of a State, 8

the relevant entity— 9

‘‘(I) shall be the eligible person or 10

entity; and 11

‘‘(II) shall not include entities of 12

the State or political subdivision other 13

than the eligible person or entity.’’. 14

SEC. 5006. DIRECT APPROPRIATIONS. 15


available, there is appropriated to the Administrator for fis-17

cal year 2021, out of any money in the Treasury not other-18

wise appropriated, to remain available until expended— 19

(1) $840,000,000 for administrative expenses, in-20

cluding to prevent, prepare for, and respond to the 21

COVID–19 pandemic, domestically or internation-22

ally, including administrative expenses related to 23

paragraphs (36) and (37) of section 7(a) of the Small 24

Business Act, section 324 of the Economic Aid to 25

225

† HR 1319 EAS

Hard-Hit Small Businesses, Nonprofits, and Venues 1

Act (title III of division N of Public Law 116–260), 2

section 5002 of this title, and section 5003 of this 3

title; and 4

(2) $460,000,000 to carry out the disaster loan 5

program authorized by section 7(b) of the Small Busi-6

ness Act (15 U.S.C. 636(b)), of which $70,000,000 7

shall be for the cost of direct loans authorized by such 8

section and $390,000,000 shall be for administrative 9

expenses to carry out such program. 10

(b) INSPECTOR GENERAL.—In addition to amounts 11

otherwise available, there is appropriated to the Inspector 12

General of the Small Business Administration for fiscal 13



pended, for necessary expenses of the Office of Inspector 16

General. 17

TITLE VI—COMMITTEE ON ENVI-18

RONMENT AND PUBLIC 19

WORKS 20

SEC. 6001. ECONOMIC ADJUSTMENT ASSISTANCE. 21

(a) ECONOMIC DEVELOPMENT ADMINISTRATION AP-22

PROPRIATION.—In addition to amounts otherwise available, 23



226

† HR 1319 EAS


2022, to the Department of Commerce for economic adjust-2

ment assistance as authorized by sections 209 and 703 of 3

the Public Works and Economic Development Act of 1965 4

(42 U.S.C. 3149 and 3233) to prevent, prepare for, and re-5

spond to coronavirus and for necessary expenses for re-6

sponding to economic injury as a result of coronavirus. 7

(b) Of the funds provided by this section, up to 2 per-8

cent shall be used for Federal costs to administer such as-9

sistance utilizing temporary Federal personnel as may be 10

necessary consistent with the requirements applicable to 11

such administrative funding in fiscal year 2020 to prevent, 12

prepare for, and respond to coronavirus and which shall 13

remain available until September 30, 2027. 14

(c) Of the funds provided by this section, 25 percent 15

shall be for assistance to States and communities that have 16

suffered economic injury as a result of job and gross domes-17

tic product losses in the travel, tourism, or outdoor recre-18

ation sectors. 19

SEC. 6002. FUNDING FOR POLLUTION AND DISPARATE IM-20

PACTS OF THE COVID–19 PANDEMIC. 21


available, there is appropriated to the Environmental Pro-23

tection Agency for fiscal year 2021, out of any money in 24


227

† HR 1319 EAS

remain available until expended, to address health outcome 1

disparities from pollution and the COVID–19 pandemic, of 2

which— 3

(1) $50,000,000, shall be for grants, contracts, 4

and other agency activities that identify and address 5

disproportionate environmental or public health 6

harms and risks in minority populations or low-in-7

come populations under— 8

(A) section 103(b) of the Clean Air Act (42 9

U.S.C. 7403(b)); 10

(B) section 1442 of the Safe Drinking 11

Water Act (42 U.S.C. 300j–1); 12

(C) section 104(k)(7)(A) of the Comprehen-13

sive Environmental Response, Compensation, 14

and Liability Act of 1980 (42 U.S.C. 15

9604(k)(7)(A)); and 16

(D) sections 791 through 797 of the Energy 17

Policy Act of 2005 (42 U.S.C. 16131 through 18

16137); and 19

(2) $50,000,000 shall be for grants and activities 20

authorized under subsections (a) through (c) of section 21

103 of the Clean Air Act (42 U.S.C. 7403) and grants 22

and activities authorized under section 105 of such 23

Act (42 U.S.C. 7405). 24

(b) ADMINISTRATION OF FUNDS.— 25

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† HR 1319 EAS

(1) Of the funds made available pursuant to sub-1

section (a)(1), the Administrator shall reserve 2 per-2

cent for administrative costs necessary to carry out 3

activities funded pursuant to such subsection. 4

(2) Of the funds made available pursuant to sub-5

section (a)(2), the Administrator shall reserve 5 per-6

cent for activities funded pursuant to such subsection 7

other than grants. 8

SEC. 6003. UNITED STATES FISH AND WILDLIFE SERVICE. 9

(a) INSPECTION, INTERDICTION, AND RESEARCH RE-10

LATED TO CERTAIN SPECIES AND COVID–19.—In addition 11

to amounts otherwise made available, there is appropriated 12


otherwise appropriated, $95,000,000 to remain available 14

until expended, to carry out the provisions of the Fish and 15

Wildlife Act of 1956 (16 U.S.C. 742a et seq.) and the Fish 16

and Wildlife Coordination Act (16 U.S.C. 661 et seq.) 17

through direct expenditure, contracts, and grants, of 18

which— 19

(1) $20,000,000 shall be for wildlife inspections, 20

interdictions, investigations, and related activities, 21

and for efforts to address wildlife trafficking; 22

(2) $30,000,000 shall be for the care of captive 23

species listed under the Endangered Species Act of 24

1973, for the care of rescued and confiscated wildlife, 25

229

† HR 1319 EAS

and for the care of Federal trust species in facilities 1

experiencing lost revenues due to COVID–19; and 2

(3) $45,000,000 shall be for research and exten-3

sion activities to strengthen early detection, rapid re-4

sponse, and science-based management to address 5

wildlife disease outbreaks before they become 6

pandemics and strengthen capacity for wildlife health 7

monitoring to enhance early detection of diseases that 8

have capacity to jump the species barrier and pose a 9

risk in the United States, including the development 10

of a national wildlife disease database. 11

(b) LACEY ACT PROVISIONS.—In addition to amounts 12

otherwise made available, there is appropriated for fiscal 13



pended, to carry out the provisions of section 42(a) of title 16

18, United States Code, and the Lacey Act Amendments 17

of 1981 (16 U.S.C. 3371–3378). 18

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† HR 1319 EAS

TITLE VII—COMMITTEE ON COM-1

MERCE, SCIENCE, AND TRANS-2

PORTATION 3

Subtitle A—Transportation and 4

Infrastructure 5

SEC. 7101. GRANTS TO THE NATIONAL RAILROAD PAS-6

SENGER CORPORATION. 7

(a) NORTHEAST CORRIDOR APPROPRIATION.—In ad-8

dition to amounts otherwise available, there is appropriated 9



until September 30, 2024, for grants as authorized under 12

section 11101(a) of the FAST Act (Public Law 114–94) to 13

prevent, prepare for, and respond to coronavirus. 14

(b) NATIONAL NETWORK APPROPRIATION.—In addi-15




until September 30, 2024, for grants as authorized under 19

section 11101(b) of the FAST Act (Public Law 114–94) to 20

prevent, prepare for, and respond to coronavirus. 21

(c) LONG-DISTANCE SERVICE RESTORATION AND EM-22

PLOYEE RECALLS.—Not less than $165,926,000 of the ag-23

gregate amounts made available under subsections (a) and 24

231

† HR 1319 EAS

(b) shall be for use by the National Railroad Passenger Cor-1

poration to— 2

(1) restore, not later than 90 days after the date 3

of enactment of this Act, the frequency of rail service 4

on long-distance routes (as defined in section 24102 5

of title 49, United States Code) that the National 6

Railroad Passenger Corporation reduced the fre-7

quency of on or after July 1, 2020, and continue to 8

operate such service at such frequency; and 9

(2) recall and manage employees furloughed on 10

or after October 1, 2020, as a result of efforts to pre-11

vent, prepare for, and respond to coronavirus. 12

(d) USE OF FUNDS IN LIEU OF CAPITAL PAYMENTS.— 13

Not less than $109,805,000 of the aggregate amounts made 14

available under subsections (a) and (b)— 15

(1) shall be for use by the National Railroad 16

Passenger Corporation in lieu of capital payments 17

from States and commuter rail passenger transpor-18

tation providers that are subject to the cost allocation 19

policy under section 24905(c) of title 49, United 20

States Code; and 21

(2) notwithstanding sections 24319(g) and 22

24905(c)(1)(A)(i) of title 49, United States Code, such 23

amounts do not constitute cross-subsidization of com-24

muter rail passenger transportation. 25

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† HR 1319 EAS

(e) USE OF FUNDS FOR STATE PAYMENTS FOR STATE- 1

SUPPORTED ROUTES.— 2

(1) IN GENERAL.—Of the amounts made avail-3

able under subsection (b), $174,850,000 shall be for 4

use by the National Railroad Passenger Corporation 5

to offset amounts required to be paid by States for 6

covered State-supported routes. 7

(2) FUNDING SHARE.—The share of funding pro-8

vided under paragraph (1) with respect to a covered 9

State-supported route shall be distributed as follows: 10

(A) Each covered State-supported route 11

shall receive 7 percent of the costs allocated to the 12

route in fiscal year 2019 under the cost alloca-13

tion methodology adopted pursuant to section 14

209 of the Passenger Rail Investment and Im-15

provement Act of 2008 (Public Law 110–432). 16

(B) Any remaining amounts after the dis-17

tribution described in subparagraph (A) shall be 18

apportioned to each covered State-supported 19

route in proportion to the passenger revenue of 20

such route and other revenue allocated to such 21

route in fiscal year 2019 divided by the total 22

passenger revenue and other revenue allocated to 23

all covered State-supported routes in fiscal year 24

2019. 25

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† HR 1319 EAS

(3) COVERED STATE-SUPPORTED ROUTE DE-1

FINED.—In this subsection, the term ‘‘covered State- 2

supported route’’ means a State-supported route, as 3

such term is defined in section 24102 of title 49, 4

United States Code, but does not include a State-sup-5

ported route for which service was terminated on or 6

before February 1, 2020. 7

(f) USE OF FUNDS FOR DEBT REPAYMENT OR PRE-8

PAYMENT.—Not more than $100,885,000 of the aggregate 9

amounts made available under subsections (a) and (b) shall 10

be— 11

(1) for the repayment or prepayment of debt in-12

curred by the National Railroad Passenger Corpora-13

tion under financing arrangements entered into prior 14

to the date of enactment of this Act; and 15

(2) to pay required reserves, costs, and fees re-16

lated to such debt, including for loans from the De-17

partment of Transportation and loans that would 18

otherwise have been paid from National Railroad 19

Passenger Corporation revenues. 20

(g) PROJECT MANAGEMENT OVERSIGHT.—Not more 21

than $2,000,000 of the aggregate amounts made available 22

under subsections (a) and (b) shall be for activities author-23

ized under section 11101(c) of the FAST Act (Public Law 24

114–94). 25

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† HR 1319 EAS

SEC. 7102. RELIEF FOR AIRPORTS. 1

(a) IN GENERAL.— 2


wise available, there is appropriated for fiscal year 4

2021, out of any funds in the Treasury not otherwise 5

appropriated, $8,000,000,000, to remain available 6

until September 30, 2024, for assistance to sponsors 7

of airports, as such terms are defined in section 8

47102 of title 49, United States Code, to be made 9

available to prevent, prepare for, and respond to 10

coronavirus. 11

(2) REQUIREMENTS AND LIMITATIONS.— 12

Amounts made available under this section— 13

(A) may not be used for any purpose not 14

directly related to the airport; and 15

(B) may not be provided to any airport 16

that was allocated in excess of 4 years of oper-17

ating funds to prevent, prepare for, and respond 18

to coronavirus in fiscal year 2020. 19

(b) ALLOCATIONS.—The following terms shall apply to 20

the amounts made available under this section: 21

(1) OPERATING EXPENSES AND DEBT SERVICE 22

PAYMENTS.— 23

(A) IN GENERAL.—Not more than 24

$6,492,000,000 shall be made available for pri-25

mary airports, as such term is defined in section 26

235

† HR 1319 EAS

47102 of title 49, United States Code, and cer-1

tain cargo airports, for costs related to oper-2

ations, personnel, cleaning, sanitization, jani-3

torial services, combating the spread of pathogens 4

at the airport, and debt service payments. 5

(B) DISTRIBUTION.— Amounts made avail-6

able under this paragraph— 7

(i) shall not be subject to the reduced 8

apportionments under section 47114(f) of 9

title 49, United States Code; 10

(ii) shall first be apportioned as set 11

forth in sections 47114(c)(1)(A), 12

47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 13

47114(c)(2)(A), 47114(c)(2)(B), and 14

47114(c)(2)(E) of title 49, United States 15

Code; and 16

(iii) shall not be subject to a maximum 17

apportionment limit set forth in section 18

47114(c)(1)(B) of title 49, United States 19

Code. 20

(C) REMAINING AMOUNTS.—Any amount 21

remaining after distribution under subpara-22

graph (B) shall be distributed to the sponsor of 23

each primary airport (as such term is defined in 24

section 47102 of title 49, United States Code) 25

236

† HR 1319 EAS

based on each such primary airport’s passenger 1

enplanements compared to the total passenger 2

enplanements of all such primary airports in 3

calendar year 2019. 4

(2) FEDERAL SHARE FOR DEVELOPMENT 5

PROJECTS.— 6


$608,000,000 allocated under subsection (a)(1) 8

shall be available to pay a Federal share of 100 9

percent of the costs for any grant awarded in fis-10

cal year 2021, or in fiscal year 2020 with less 11

than a 100-percent Federal share, for an airport 12

development project (as such term is defined in 13

section 47102 of title 49). 14

(B) REMAINING AMOUNTS.—Any amount 15

remaining under this paragraph shall be distrib-16

uted as described in paragraph (1)(C). 17

(3) NONPRIMARY AIRPORTS.— 18


$100,000,000 shall be made available for general 20

aviation and commercial service airports that 21

are not primary airports (as such terms are de-22

fined in section 47102 of title 49, United States 23

Code) for costs related to operations, personnel, 24

cleaning, sanitization, janitorial services, com-25

237

† HR 1319 EAS

bating the spread of pathogens at the airport, 1

and debt service payments. 2

(B) DISTRIBUTION.—Amounts made avail-3

able under this paragraph shall be apportioned 4

to each non-primary airport based on the cat-5

egories published in the most current National 6

Plan of Integrated Airport Systems, reflecting 7

the percentage of the aggregate published eligible 8

development costs for each such category, and 9

then dividing the allocated funds evenly among 10

the eligible airports in each category, rounding 11

up to the nearest thousand dollars. 12

(C) REMAINING AMOUNTS.—Any amount 13

remaining under this paragraph shall be distrib-14

uted as described in paragraph (1)(C). 15

(4) AIRPORT CONCESSIONS.— 16


$800,000,000 shall be made available for spon-18

sors of primary airports to provide relief from 19

rent and minimum annual guarantees to airport 20

concessions, of which at least $640,000,000 shall 21

be available to provide relief to eligible small air-22

port concessions and of which at least 23

$160,000,000 shall be available to provide relief 24

238

† HR 1319 EAS

to eligible large airport concessions located at 1

primary airports. 2

(B) DISTRIBUTION.—The amounts made 3

available for each set-aside in this paragraph 4

shall be distributed to the sponsor of each pri-5

mary airport (as such term is defined in section 6

47102 of title 49, United States Code) based on 7

each such primary airport’s passenger 8

enplanements compared to the total passenger 9

enplanements of all such primary airports in 10

calendar year 2019. 11

(C) CONDITIONS.—As a condition of ap-12

proving a grant under this paragraph— 13

(i) the sponsor shall provide such relief 14

from the date of enactment of this Act until 15

the sponsor has provided relief equaling the 16

total grant amount, to the extent practicable 17

and to the extent permissible under State 18

laws, local laws, and applicable trust inden-19

tures; and 20

(ii) for each set-aside, the sponsor shall 21

provide relief from rent and minimum an-22

nual guarantee obligations to each eligible 23

airport concession in an amount that re-24

flects each eligible airport concession’s pro-25

239

† HR 1319 EAS

portional share of the total amount of the 1

rent and minimum annual guarantees of 2

those eligible airport concessions at such 3

airport. 4

(c) ADMINISTRATION.— 5

(1) ADMINISTRATIVE EXPENSES.—The Adminis-6

trator of the Federal Aviation Administration may 7

retain up to 0.1 percent of the funds provided under 8

this section to fund the award of, and oversight by the 9

Administrator of, grants made under this section. 10

(2) WORKFORCE RETENTION REQUIREMENTS.— 11

(A) REQUIRED RETENTION.—As a condition 12

for receiving funds provided under this section, 13

an airport shall continue to employ, through 14

September 30, 2021, at least 90 percent of the 15

number of individuals employed (after making 16

adjustments for retirements or voluntary em-17

ployee separations) by the airport as of March 18

27, 2020. 19

(B) WAIVER OF RETENTION REQUIRE-20

MENT.—The Secretary shall waive the workforce 21

retention requirement if the Secretary determines 22

that— 23

240

† HR 1319 EAS

(i) the airport is experiencing eco-1

nomic hardship as a direct result of the re-2

quirement; or 3

(ii) the requirement reduces aviation 4

safety or security. 5

(C) EXCEPTION.—The workforce retention 6

requirement shall not apply to nonhub airports 7

or nonprimary airports receiving funds under 8

this section. 9

(D) NONCOMPLIANCE.—Any financial as-10

sistance provided under this section to an air-11

port that fails to comply with the workforce re-12

tention requirement described in subparagraph 13

(A), and does not otherwise qualify for a waiver 14

or exception under this paragraph, shall be sub-15

ject to clawback by the Secretary. 16


(1) ELIGIBLE LARGE AIRPORT CONCESSION.— 18

The term ‘‘eligible large airport concession’’ means a 19

concession (as defined in section 23.3 of title 49, Code 20

of Federal Regulations), that is in-terminal and has 21

maximum gross receipts, averaged over the previous 22

three fiscal years, of more than $56,420,000. 23

(2) ELIGIBLE SMALL AIRPORT CONCESSION.— 24

The term ‘‘eligible small airport concession’’ means a 25

241

† HR 1319 EAS

concession (as defined in section 23.3 of title 49, Code 1

of Federal Regulations), that is in-terminal and— 2

(A) a small business with maximum gross 3

receipts, averaged over the previous 3 fiscal 4

years, of less than $56,420,000; or 5

(B) is a joint venture (as defined in section 6

23.3 of title 49, Code of Federal Regulations). 7

SEC. 7103. EMERGENCY FAA EMPLOYEE LEAVE FUND. 8


tablished in the Federal Aviation Administration the Emer-10

gency FAA Employee Leave Fund (in this section referred 11

to as the ‘‘Fund’’), to be administered by the Administrator 12

of the Federal Aviation Administration, for the purposes 13

set forth in subsection (b). In addition to amounts otherwise 14



$9,000,000, which shall be deposited into the Fund and re-17

main available through September 30, 2022. 18


able to the Administrator for the use of paid leave under 20

this section by any employee of the Administration who is 21

unable to work because the employee— 22



242

† HR 1319 EAS















cautions; 15


lar condition; 17








243

† HR 1319 EAS




zation. 4




employee of the Administration during the period be-8

ginning on the date of enactment of this section and 9

ending on September 30, 2021. 10


this section— 12

(A) shall be provided to an employee of the 13

Administration in an amount not to exceed 600 14

hours of paid leave for each full-time employee, 15

and in the case of a part-time employee, em-16

ployee on an uncommon tour of duty, or em-17

ployee with a seasonal work schedule, in an 18

amount not to exceed the proportional equivalent 19

of 600 hours to the extent amounts in the Fund 20

remain available for reimbursement; 21





244

† HR 1319 EAS




ployee. 4




vided to an employee of the Administration; and 8

(B) may not be used by an employee of the 9

Administration concurrently with any other 10

paid leave. 11


Any paid leave provided to an employee of the Ad-13

ministration under this section shall reduce the total 14

service used to calculate any Federal civilian retire-15

ment benefit. 16

SEC. 7104. EMERGENCY TSA EMPLOYEE LEAVE FUND. 17


tablished in the Transportation Security Administration 19

(in this section referred to as the ‘‘Administration’’) the 20

Emergency TSA Employee Leave Fund (in this section re-21

ferred to as the ‘‘Fund’’), to be administered by the Admin-22

istrator of the Administration, for the purposes set forth in 23

subsection (b). In addition to amounts otherwise available, 24


245

† HR 1319 EAS


which shall be deposited into the Fund and remain avail-2

able through September 30, 2022. 3


able to the Administration for the use of paid leave under 5

this section by any employee of the Administration who is 6

unable to work because the employee— 7

















cautions; 24

246

† HR 1319 EAS


lar condition; 2











zation. 13




employee of the Administration during the period be-17

ginning on the date of enactment of this section and 18



this section— 21

(A) shall be provided to an employee of the 22

Administration in an amount not to exceed 600 23

hours of paid leave for each full-time employee, 24

and in the case of a part-time employee, em-25

247

† HR 1319 EAS

ployee on an uncommon tour of duty, or em-1

ployee with a seasonal work schedule, in an 2

amount not to exceed the proportional equivalent 3

of 600 hours to the extent amounts in the Fund 4

remain available for reimbursement; 5








ployee. 13




vided to an employee of the Administration; and 17

(B) may not be used by an employee of the 18

Administration concurrently with any other 19

paid leave. 20


Any paid leave provided to an employee of the Ad-22

ministration under this section shall reduce the total 23

service used to calculate any Federal civilian retire-24

ment benefit. 25

248

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Subtitle B—Aviation 1

Manufacturing Jobs Protection 2

SEC. 7201. DEFINITIONS. 3

In this subtitle: 4

(1) ELIGIBLE EMPLOYEE GROUP.—The term ‘‘el-5

igible employee group’’ means the portion of an em-6

ployer’s United States workforce that— 7

(A) does not exceed 25 percent of the em-8

ployer’s total United States workforce as of April 9

1, 2020; and 10

(B) contains only employees with a total 11

compensation level of $200,000 or less per year; 12

and 13

(C) is engaged in aviation manufacturing 14

activities and services, or maintenance, repair, 15

and overhaul activities and services. 16

(2) AVIATION MANUFACTURING COMPANY.—The 17

term ‘‘aviation manufacturing company’’ means a 18

corporation, firm, or other business entity— 19

(A) that— 20

(i) actively manufactures an aircraft, 21

aircraft engine, propeller, or a component, 22

part, or systems of an aircraft or aircraft 23

engine under a Federal Aviation Adminis-24

tration production approval; 25

249

† HR 1319 EAS

(ii) holds a certificate issued under 1

part 145 of title 14, Code of Federal Regu-2

lations, for maintenance, repair, and over-3

haul of aircraft, aircraft engines, compo-4

nents, or propellers; or 5

(iii) operates a process certified to 6

SAE AS9100 related to the design, develop-7

ment, or provision of an aviation product 8

or service, including a part, component, or 9

assembly; 10

(B) which— 11

(i) is established, created, or organized 12

in the United States or under the laws of 13

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 at 23

least a 15 percent decline in 2020 revenues as 24

compared to 2019; 25

250

† HR 1319 EAS

(D) that, as supported by sworn financial 1

statements or other appropriate data, has identi-2

fied the eligible employee group and the amount 3

of total compensation level for the eligible em-4

ployee group; 5

(E) that agrees to provide private contribu-6

tions and maintain the total compensation level 7

for the eligible employee group for the duration 8

of an agreement under this subtitle; 9

(F) that agrees to provide immediate notice 10

and justification to the Secretary of involuntary 11

furloughs or layoffs exceeding 10 percent of the 12

workforce that is not included in an eligible em-13

ployee group for the duration of an agreement 14

and receipt of public contributions under this 15

subtitle; 16

(G) that has not conducted involuntary fur-17

loughs or reduced pay rates or benefits for the el-18

igible employee group, subject to the employer’s 19

right to discipline or terminate an employee in 20

accordance with employer policy, between the 21

date of application and the date on which such 22

a corporation, firm, or other business entity en-23

ters into an agreement with the Secretary under 24

this subtitle; and 25

251

† HR 1319 EAS

(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, that 5

holds any type or production certificate or 6

similar authorization issued under section 7

44704 of title 49, United States Code, with 8

respect to a transport-category airplane cov-9

ered under part 25 of title 14, Code of Fed-10

eral Regulations, certificated with a pas-11

senger seating capacity of 50 or more, 12

agrees to refrain from conducting involun-13

tary layoffs or furloughs, or reducing pay 14

rates and benefits, for the eligible employee 15

group, subject to the employer’s right to dis-16

cipline or terminate an employee in accord-17

ance with employer policy from the date of 18

agreement until September 30, 2021, or the 19

duration of the agreement and receipt of 20

public contributions under this subtitle, 21

whichever period ends later; or 22

(ii) in the case of corporation, firm, or 23

other business entity not specified under 24

subparagraph (i), agrees to refrain from 25

252

† HR 1319 EAS

conducting involuntary layoffs or furloughs, 1

or reducing pay rates and benefits, for the 2

eligible employee group, subject to the em-3

ployer’s right to discipline or terminate an 4

employee in accordance with employer pol-5

icy for the duration of the agreement and 6

receipt of public contributions under this 7

subtitle. 8

(3) EMPLOYEE.—The term ‘‘employee’’ has the 9

meaning given that term in section 3 of the Fair 10

Labor Standards Act of 1938 (29 U.S.C. 203). 11

(4) EMPLOYER.—The term ‘‘employer’’ means an 12

aviation manufacturing company that is an employer 13

(as defined in section 3 of the Fair Labor Standards 14

Act of 1938 (29 U.S.C. 203)). 15

(5) PRIVATE CONTRIBUTION.—The term ‘‘private 16

contribution’’ means the contribution funded by the 17

employer under this subtitle to maintain 50 percent 18

of the eligible employee group’s total compensation 19

level, and combined with the public contribution, is 20

sufficient to maintain the total compensation level for 21

the eligible employee group as of April 1, 2020. 22

(6) PUBLIC CONTRIBUTION.—The term ‘‘public 23

contribution’’ means the contribution funded by the 24

Federal Government under this subtitle to provide 50 25

253

† HR 1319 EAS

percent of the eligible employees group’s total com-1

pensation level, and combined with the private con-2

tribution, is sufficient to maintain the total com-3

pensation level for those in the eligible employee 4

group as of April 1, 2020. 5


the Secretary of Transportation. 7

(8) TOTAL COMPENSATION LEVEL.—The term 8

‘‘total compensation level’’ means the level of total 9

base compensation and benefits being provided to an 10

eligible employee group employee, excluding overtime 11

and premium pay, and excluding any Federal, State, 12

or local payroll taxes paid, as of April 1, 2020. 13

SEC. 7202. PAYROLL SUPPORT PROGRAM. 14

(a) IN GENERAL.—The Secretary shall establish a pay-15

roll support program and enter into agreements with em-16

ployers who meet the eligibility criteria specified in sub-17

section (b) and are not ineligible under subsection (c), to 18

provide public contributions to supplement compensation of 19

an eligible employee group. There is appropriated for fiscal 20

year 2021, out of amounts in the Treasury not otherwise 21

appropriated, $3,000,000,000, to remain available until 22

September 30, 2023, for the Secretary to carry out the pay-23

roll support program authorized under the preceding sen-24

254

† HR 1319 EAS

tence for which 1 percent of the funds may be used for im-1

plementation costs and administrative expenses. 2

(b) ELIGIBILITY.—The Secretary shall enter into an 3

agreement and provide public contributions, for a term no 4

longer than 6 months, solely with an employer that agrees 5

to use the funds received under an agreement exclusively 6

for the continuation of employee wages, salaries, and bene-7

fits, to maintain the total compensation level for the eligible 8

employee group as of April 1, 2020 for the duration of the 9

agreement, and to facilitate the retention, rehire, or recall 10

of employees of the employer, except that such funds may 11

not be used for back pay of returning rehired or recalled 12

employees. 13

(c) INELIGIBILITY.—The Secretary may not enter into 14

any agreement under this section with an employer who 15

was allowed a credit under section 2301 of the CARES Act 16

(26 U.S.C. 3111 note) for the immediately preceding cal-17

endar quarter ending before such agreement is entered into, 18

who received financial assistance under section 4113 of the 19

CARES Act (15 U.S.C. 9073), or who is currently expend-20

ing financial assistance under the paycheck protection pro-21

gram established under section 7(a)(36) of the Small Busi-22

ness Act (15 U.S.C. 636(a)(36)), as of the date the employer 23

submits an application under the payroll support program 24

established under subsection (a). 25

255

† HR 1319 EAS

(d) REDUCTIONS.—To address any shortfall in assist-1

ance that would otherwise be provided under this subtitle, 2

the Secretary shall reduce, on a pro rata basis, the financial 3

assistance provided under this subtitle. 4

(e) AGREEMENT DEADLINE.—No agreement may be 5

entered into by the Secretary under the payroll support pro-6

gram established under subsection (a) after the last day of 7

the 6 month period that begins on the effective date of the 8

first agreement entered into under such program. 9

Subtitle C—Airlines 10

SEC. 7301. AIR TRANSPORTATION PAYROLL SUPPORT PRO-11

GRAM EXTENSION. 12

(a) DEFINITIONS.—The definitions in section 40102(a) 13

of title 49, United States Code, shall apply with respect to 14

terms used in this section, except that— 15

(1) the term ‘‘catering functions’’ means prepa-16

ration, assembly, or both, of food, beverages, provi-17

sions and related supplies for delivery, and the deliv-18

ery of such items, directly to aircraft or to a location 19

on or near airport property for subsequent delivery to 20

aircraft; 21

(2) the term ‘‘contractor’’ means— 22

(A) a person that performs, under contract 23

with a passenger air carrier conducting oper-24

256

† HR 1319 EAS

ations under part 121 of title 14, Code of Fed-1

eral Regulations— 2

(i) catering functions; or 3

(ii) functions on the property of an 4

airport that are directly related to the air 5

transportation of persons, property, or 6

mail, including the loading and unloading 7

of property on aircraft, assistance to pas-8

sengers under part 382 of title 14, Code of 9

Federal Regulations, security, airport 10

ticketing and check-in functions, ground- 11

handling of aircraft, or aircraft cleaning 12

and sanitization functions and waste re-13

moval; or 14

(B) a subcontractor that performs such 15

functions; 16

(3) the term ‘‘employee’’ means an individual, 17

other than a corporate officer, who is employed by an 18

air carrier or a contractor; 19

(4) the term ‘‘eligible air carrier’’ means an air 20

carrier that— 21

(A) received financial assistance pursuant 22

section 402(a)(1) of division N of the Consoli-23


116–260); 25

257

† HR 1319 EAS

(B) provides air transportation as of March 1

31, 2021; 2

(C) has not conducted involuntary furloughs 3

or reduced pay rates or benefits between March 4

31, 2021, and the date on which the air carrier 5

makes a certification to the Secretary pursuant 6

to subparagraph (D); and 7

(D) certifies to the Secretary that such air 8

carrier will— 9

(i) refrain from conducting involun-10

tary furloughs or reducing pay rates or ben-11

efits until September 30, 2021, or the date 12

on which assistance provided under this sec-13

tion is exhausted, whichever is later; 14

(ii) refrain from purchasing an equity 15

security of the air carrier or the parent 16

company of the air carrier that is listed on 17

a national securities exchange through Sep-18

tember 30, 2022; 19

(iii) refrain from paying dividends, or 20

making other capital distributions, with re-21

spect to common stock (or equivalent inter-22

est) of such air carrier through September 23

30, 2022; 24

258

† HR 1319 EAS

(iv) during the 2-year period begin-1

ning April 1, 2021, and ending April 1, 2

2023, refrain from paying— 3

(I) any officer or employee of the 4

air carrier whose total compensation 5

exceeded $425,000 in calendar year 6

2019 (other than an employee whose 7

compensation is determined through an 8

existing collective bargaining agree-9

ment entered into prior to the date of 10

enactment of this Act)— 11

(aa) total compensation that 12

exceeds, during any 12 consecutive 13

months of such 2-year period, the 14

total compensation received by the 15

officer or employee from the air 16

carrier in calendar year 2019; or 17

(bb) severance pay or other 18

benefits upon termination of em-19

ployment with the air carrier 20

which exceeds twice the maximum 21


officer or employee from the air 23

carrier in calendar year 2019; 24

and 25

259

† HR 1319 EAS

(II) any officer or employee of the 1

air carrier whose total compensation 2

exceeded $3,000,000 in calendar year 3

2019 during any 12 consecutive 4

months of such period total compensa-5

tion in excess of the sum of— 6

(aa) $3,000,000; and 7

(bb) 50 percent of the excess 8

over $3,000,000 of the total com-9

pensation received by the officer 10

or employee from the air carrier 11

in calendar year 2019. 12

(5) the term ‘‘eligible contractor’’ means a con-13

tractor that— 14

(A) received financial assistance pursuant 15

to section 402(a)(2) of division N of the Consoli-16


116–260); 18

(B) performs one or more of the functions 19

described under paragraph (2) as of March 31, 20

2021; 21

(C) has not conducted involuntary furloughs 22

or reduced pay rates or benefits between March 23

31, 2021, and the date on which the contractor 24

260

† HR 1319 EAS

makes a certification to the Secretary pursuant 1

to subparagraph (D); and 2

(D) certifies to the Secretary that such con-3

tractor will— 4

(i) refrain from conducting involun-5

tary furloughs or reducing pay rates or ben-6

efits until September 30, 2021, or the date 7

on which assistance provided under this sec-8

tion is exhausted, whichever is later; 9

(ii) refrain from purchasing an equity 10

security of the contractor or the parent com-11

pany of the contractor that is listed on a 12

national securities exchange through Sep-13

tember 30, 2022; 14

(iii) refrain from paying dividends, or 15

making other capital distributions, with re-16

spect to common stock (or equivalent inter-17

est) of the contractor through September 30, 18

2022; 19

(iv) during the 2-year period begin-20

ning April 1, 2021, and ending April 1, 21

2023, refrain from paying— 22

(I) any officer or employee of the 23

contractor whose total compensation 24

exceeded $425,000 in calendar year 25

261

† HR 1319 EAS

2019 (other than an employee whose 1

compensation is determined through an 2

existing collective bargaining agree-3

ment entered into prior to the date of 4

enactment of this Act)— 5

(aa) total compensation that 6

exceeds, during any 12 consecutive 7

months of such 2-year period, the 8


officer or employee from the con-10

tractor in calendar year 2019; or 11

(bb) severance pay or other 12

benefits upon termination of em-13

ployment with the contractor 14

which exceeds twice the maximum 15


officer or employee from the con-17

tractor in calendar year 2019; 18

and 19

(II) any officer or employee of the 20

contractor whose total compensation 21

exceeded $3,000,000 in calendar year 22

2019 during any 12 consecutive 23

months of such period total compensa-24

tion in excess of the sum of— 25

262

† HR 1319 EAS

(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 contractor 5

in calendar year 2019. 6

(6) the term ‘‘Secretary’’ means the Secretary of 7

the Treasury. 8

(b) PAYROLL SUPPORT GRANTS.— 9

(1) IN GENERAL.—The Secretary shall make 10

available to eligible air carriers and eligible contrac-11

tors, financial assistance exclusively for the continu-12

ation of payment of employee wages, salaries, and 13

benefits to— 14

(A) eligible air carriers, in an aggregate 15

amount of $14,000,000,000; and 16

(B) eligible contractors, in an aggregate 17

amount of $1,000,000,000. 18

(2) APPORTIONMENTS.— 19

(A) IN GENERAL.—The Secretary shall ap-20

portion funds to eligible air carriers and eligible 21

contractors in accordance with the requirements 22

of this section not later than April 15, 2021. 23

(B) ELIGIBLE AIR CARRIERS.—The Sec-24

retary shall apportion funds made available 25

263

† HR 1319 EAS

under paragraph (1)(A) to each eligible air car-1

rier in the ratio that— 2

(i) the amount received by the air car-3

rier pursuant to section 403(a) of division 4

N of the Consolidated Appropriations Act, 5

2021 (Public Law 116–260) bears to 6

(ii) $15,000,000,000. 7

(C) ELIGIBLE CONTRACTORS.—The Sec-8

retary shall apportion, to each eligible con-9

tractor, an amount equal to the total amount 10

such contractor received pursuant to section 11

403(a) of division N of the Consolidated Appro-12

priations Act, 2021 (Public Law 116–260). 13

(3) IN GENERAL.— 14

(A) FORMS; TERMS AND CONDITIONS.—The 15

Secretary shall provide financial assistance to 16

an eligible air carrier or eligible contractor 17

under this section in the same form and on the 18

same terms and conditions as determined by 19

pursuant to section 403(b)(1)(A) of subtitle A of 20

title IV of division N of the Consolidated Appro-21

priations Act, 2021 (Pub. L. No. 116–260). 22

(B) PROCEDURES.—The Secretary shall 23

publish streamlined and expedited procedures 24

not later than 5 days after the date of enactment 25

264

† HR 1319 EAS

of this section for eligible air carriers and eligi-1

ble contractors to submit requests for financial 2

assistance under this section. 3

(C) DEADLINE FOR IMMEDIATE PAYROLL 4

ASSISTANCE.—Not later than 10 days after the 5

date of enactment of this section, the Secretary 6

shall make initial payments to air carriers and 7

contractors that submit requests for financial as-8

sistance approved by the Secretary. 9

(4) TAXPAYER PROTECTION.—The Secretary 10

shall receive financial instruments issued by recipi-11

ents of financial assistance under this section in the 12

same form and amount, and under the same terms 13

and conditions, as determined by the Secretary under 14

section 408 of subtitle A of title IV of division N of 15

the Consolidated Appropriations Act, 2021 (Pub. L. 16

No. 116–260). 17

(5) ADMINISTRATIVE EXPENSES.—Of the 18

amounts made available under paragraph (1)(A), 19

$10,000,000 shall be made available to the Secretary 20

for costs and administrative expenses associated with 21

providing financial assistance under this section. 22




265

† HR 1319 EAS


carry out this section. 2

Subtitle D—Consumer Protection 3

and Commerce Oversight 4

SEC. 7401. FUNDING FOR CONSUMER PRODUCT SAFETY 5

FUND TO PROTECT CONSUMERS FROM PO-6

TENTIALLY DANGEROUS PRODUCTS RELATED 7

TO COVID–19. 8


wise available, there is appropriated to the Consumer Prod-10

uct Safety Commission for fiscal year 2021, out of any 11



for the purposes described in subsection (b). 14

(b) PURPOSES.—The funds made available in sub-15

section (a) shall only be used for purposes of the Consumer 16

Product Safety Commission to— 17

(1) carry out the requirements in title XX of di-18

vision FF of the Consolidated Appropriations Act, 19

2021 (Public Law 116–260); 20

(2) enhance targeting, surveillance, and screen-21

ing of consumer products, particularly COVID–19 22

products, entering the United States at ports of entry, 23

including ports of entry for de minimis shipments; 24

266

† HR 1319 EAS

(3) enhance monitoring of internet websites for 1

the offering for sale of new and used violative con-2

sumer products, particularly COVID–19 products, 3

and coordination with retail and resale websites to 4

improve identification and elimination of listings of 5

such products; 6

(4) increase awareness and communication par-7

ticularly of COVID–19 product related risks and 8

other consumer product safety information; and 9

(5) improve the Commission’s data collection 10

and analysis system especially with a focus on con-11

sumer product safety risks resulting from the COVID– 12

19 pandemic to socially disadvantaged individuals 13

and other vulnerable populations. 14

(c) DEFINITIONS.—In this section— 15

(1) the term ‘‘Commission’’ means the Consumer 16

Product Safety Commission; 17

(2) the term ‘‘violative consumer products’’ 18

means consumer products in violation of an applica-19

ble consumer product safety standard under the Con-20

sumer Product Safety Act (15 U.S.C. 2051 et seq.) or 21

any similar rule, regulation, standard, or ban under 22

any other Act enforced by the Commission; 23

(3) the term ‘‘COVID–19 emergency period’’ 24

means the period during which a public health emer-25

267

† HR 1319 EAS

gency declared pursuant to section 319 of the Public 1

Health Service Act (42 U.S.C. 247d) with respect to 2

the 2019 novel coronavirus (COVID–19), including 3

under any renewal of such declaration, is in effect; 4

and 5

(4) the term ‘‘COVID–19 products’’ means con-6

sumer products, as defined by section 3(a)(5) of the 7

Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), 8

whose risks have been significantly affected by 9

COVID–19 or whose sales have materially increased 10

during the COVID–19 emergency period as a result 11

of the COVID–19 pandemic. 12

SEC. 7402. FUNDING FOR E-RATE SUPPORT FOR EMER-13

GENCY EDUCATIONAL CONNECTIONS AND 14

DEVICES. 15

(a) REGULATIONS REQUIRED.—Not later than 60 days 16

after the date of the enactment of this Act, the Commission 17

shall promulgate regulations providing for the provision, 18

from amounts made available from the Emergency 19

Connectivity Fund, of support under paragraphs (1)(B) 20

and (2) of section 254(h) of the Communications Act of 21

1934 (47 U.S.C. 254(h)) to an eligible school or library, 22

for the purchase during a COVID–19 emergency period of 23

eligible equipment or advanced telecommunications and in-24

formation services (or both), for use by— 25

268

† HR 1319 EAS

(1) in the case of a school, students and staff of 1

the school at locations that include locations other 2

than the school; and 3

(2) in the case of a library, patrons of the li-4

brary at locations that include locations other than 5

the library. 6

(b) SUPPORT AMOUNT.—In providing support under 7

the covered regulations, the Commission shall reimburse 100 8

percent of the costs associated with the eligible equipment, 9

advanced telecommunications and information services, or 10

eligible equipment and advanced telecommunications and 11

information services, except that any reimbursement of a 12

school or library for the costs associated with any eligible 13

equipment may not exceed an amount that the Commission 14

determines, with respect to the request by the school or li-15

brary for the reimbursement, is reasonable. 16

(c) EMERGENCY CONNECTIVITY FUND.— 17

(1) ESTABLISHMENT.—There is established in 18

the Treasury of the United States a fund to be known 19

as the ‘‘Emergency Connectivity Fund’’. 20


otherwise available, there is appropriated to the 22

Emergency Connectivity Fund for fiscal year 2021, 23

out of any money in the Treasury not otherwise ap-24

propriated— 25

269

† HR 1319 EAS

(A) $7,171,000,000, to remain available 1

until September 30, 2030, for— 2

(i) the provision of support under the 3

covered regulations; and 4

(ii) the Commission to adopt, and the 5

Commission and the Universal Service Ad-6

ministrative Company to administer, the 7

covered regulations; and 8

(B) $1,000,000, to remain available until 9

September 30, 2030, for the Inspector General of 10

the Commission to conduct oversight of support 11

provided under the covered regulations. 12

(3) LIMITATION.—Not more than 2 percent of the 13

amount made available under paragraph (2)(A) may 14

be used for the purposes described in clause (ii) of 15

such paragraph. 16

(4) RELATIONSHIP TO UNIVERSAL SERVICE CON-17

TRIBUTIONS.—Support provided under the covered 18

regulations shall be provided from amounts made 19

available from the Emergency Connectivity Fund and 20

not from contributions under section 254(d) of the 21

Communications Act of 1934 (47 U.S.C. 254(d)). 22


(1) ADVANCED TELECOMMUNICATIONS AND IN-24

FORMATION SERVICES.—The term ‘‘advanced tele-25

270

† HR 1319 EAS

communications and information services’’ means ad-1

vanced telecommunications and information services, 2

as such term is used in section 254(h) of the Commu-3

nications Act of 1934 (47 U.S.C. 254(h)). 4

(2) COMMISSION.—The term ‘‘Commission’’ 5

means the Federal Communications Commission. 6

(3) CONNECTED DEVICE.—The term ‘‘connected 7

device’’ means a laptop computer, tablet computer, or 8

similar end-user device that is capable of connecting 9

to advanced telecommunications and information 10

services. 11

(4) COVERED REGULATIONS.—The term ‘‘covered 12

regulations’’ means the regulations promulgated 13

under subsection (a). 14

(5) COVID–19 EMERGENCY PERIOD.—The term 15

‘‘COVID–19 emergency period’’ means a period 16

that— 17

(A) begins on the date of a determination 18

by the Secretary of Health and Human Services 19

pursuant to section 319 of the Public Health 20

Service Act (42 U.S.C. 247d) that a public 21

health emergency exists as a result of COVID–19; 22

and 23

(B) ends on the June 30 that first occurs 24

after the date that is 1 year after the date on 25

271

† HR 1319 EAS

which such determination (including any re-1

newal thereof) terminates. 2

(6) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 3

equipment’’ means the following: 4

(A) Wi-Fi hotspots. 5

(B) Modems. 6

(C) Routers. 7

(D) Devices that combine a modem and 8

router. 9

(E) Connected devices. 10

(7) ELIGIBLE SCHOOL OR LIBRARY.—The term 11

‘‘eligible school or library’’ means an elementary 12

school, secondary school, or library (including a Trib-13

al elementary school, Tribal secondary school, or 14

Tribal library) eligible for support under paragraphs 15

(1)(B) and (2) of section 254(h) of the Communica-16

tions Act of 1934 (47 U.S.C. 254(h)). 17

(8) EMERGENCY CONNECTIVITY FUND.—The term 18

‘‘Emergency Connectivity Fund’’ means the fund es-19

tablished under subsection (c)(1). 20

(9) LIBRARY.—The term ‘‘library’’ includes a li-21

brary consortium. 22

(10) WI-FI.—The term ‘‘Wi-Fi’’ means a wireless 23

networking protocol based on Institute of Electrical 24

272

† HR 1319 EAS

and Electronics Engineers standard 802.11 (or any 1

successor standard). 2

(11) WI-FI HOTSPOT.—The term ‘‘Wi-Fi 3

hotspot’’ means a device that is capable of— 4

(A) receiving advanced telecommunications 5

and information services; and 6

(B) sharing such services with a connected 7

device through the use of Wi-Fi. 8

SEC. 7403. FUNDING FOR DEPARTMENT OF COMMERCE IN-9

SPECTOR GENERAL. 10


appropriated to the Office of the Inspector General of the 12

Department of Commerce for fiscal year 2021, out of any 13



for oversight of activities supported with funds appro-16

priated to the Department of Commerce to prevent, prepare 17

for, and respond to COVID–19. 18

SEC. 7404. FEDERAL TRADE COMMISSION FUNDING FOR 19

COVID–19 RELATED WORK. 20


wise available, there is appropriated to the Federal Trade 22

Commission for fiscal year 2021, $30,400,000, to remain 23

available until September 30, 2026, for the purposes de-24

scribed in subsection (b). 25

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† HR 1319 EAS

(b) PURPOSES.—From the amount appropriated 1

under subsection (a), the Federal Trade Commission shall 2

use— 3

(1) $4,400,000 to process and monitor consumer 4

complaints received into the Consumer Sentinel Net-5

work, including increased complaints received regard-6

ing unfair or deceptive acts or practices related to 7

COVID–19; 8

(2) $2,000,000 for consumer-related education, 9

including in connection with unfair or deceptive acts 10

or practices related to COVID–19; and 11

(3) $24,000,000 to fund full-time employees of 12

the Federal Trade Commission to address unfair or 13

deceptive acts or practices, including those related to 14

COVID–19. 15

Subtitle E—Science and Technology 16

SEC. 7501. NATIONAL INSTITUTE OF STANDARDS AND 17

TECHNOLOGY. 18


there are appropriated to the National Institute of Stand-20

ards and Technology for fiscal year 2021, out of any money 21


to remain available until September 30, 2022, to fund 23

awards for research, development, and testbeds to prevent, 24

prepare for, and respond to coronavirus. None of the funds 25

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provided by this section shall be subject to cost share re-1

quirements. 2

SEC. 7502. NATIONAL SCIENCE FOUNDATION. 3


there are appropriated to the National Science Foundation 5



until September 30, 2022, to fund or extend new and exist-8

ing research grants, cooperative agreements, scholarships, 9

fellowships, and apprenticeships, and related administra-10

tive expenses to prevent, prepare for, and respond to 11

coronavirus. 12

Subtitle F—Corporation for Public 13

Broadcasting 14

SEC. 7601. SUPPORT FOR THE CORPORATION FOR PUBLIC 15

BROADCASTING. 16


there is appropriated to the Corporation for Public Broad-18

casting for fiscal year 2021, out of any money in the Treas-19

ury not otherwise appropriated, $175,000,000, to remain 20

available until expended, to prevent, prepare for, and re-21

spond to coronavirus, including for fiscal stabilization 22

grants to public telecommunications entities, as defined in 23

section 397 of the Communications Act of 1934 (47 U.S.C. 24

397), with no deduction for administrative or other costs 25

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† HR 1319 EAS

of the Corporation, to maintain programming and services 1

and preserve small and rural stations threatened by declines 2

in non-Federal revenues. 3

TITLE VIII—COMMITTEE ON 4

VETERANS’ AFFAIRS 5

SEC. 8001. FUNDING FOR CLAIMS AND APPEALS PROC-6

ESSING. 7




to remain available until September 30, 2023, pursuant to 11

sections 308, 310, 7101 through 7113, 7701, and 7703 of 12

title 38, United States Code. 13

SEC. 8002. FUNDING AVAILABILITY FOR MEDICAL CARE AND 14

HEALTH NEEDS. 15





2023, for allocation under chapters 17, 20, 73, and 81 of 20

title 38, United States Code, of which not more than 21

$4,000,000,000 shall be available pursuant to section 1703 22

of title 38, United States Code for health care furnished 23

through the Veterans Community Care program in sections 24

1703(c)(1) and 1703(c)(5) of such title. 25

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SEC. 8003. FUNDING FOR SUPPLY CHAIN MODERNIZATION. 1




to remain available until September 30, 2022, for the sup-5

ply chain modernization initiative under sections 308, 310, 6

and 7301(b) of title 38, United States Code. 7

SEC. 8004. FUNDING FOR STATE HOMES. 8




(1) $500,000,000, to remain available until ex-12

pended, for allocation under sections 8131 through 13

8137 of title 38, United States Code: and 14

(2) $250,000,000, to remain available until Sep-15

tember 30, 2022, for a one-time only obligation and 16

expenditure to existing State extended care facilities 17

for veterans in proportion to each State’s share of the 18

total resident capacity in such facilities as of the date 19

of enactment of this Act where such capacity includes 20

only veterans on whose behalf the Department pays a 21

per diem payment pursuant to section 1741 or 1745 22

of title 38, United States Code. 23

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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 of 4

the Department of Veterans Affairs for fiscal year 2021, out 5


$10,000,000, to remain available until expended, for audits, 7

investigations, and other oversight of projects and activities 8

carried out with funds made available to the Department 9

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 eligi-15

ble veteran for the pursuit of a covered program of edu-16

cation. Such retraining assistance shall be in addition to 17

any other entitlement to educational assistance or benefits 18

for which a veteran is, or has been, eligible. 19

(b) ELIGIBLE VETERANS.— 20

(1) IN GENERAL.—In this section, the term ‘‘eli-21

gible 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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(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 receive 4

educational assistance under chapter 30, 31, 32, 5

33, or 35 of title 38, United States Code, or 6

chapter 1606 of title 10, United States Code; 7

(D) is not enrolled in any Federal or State 8

jobs program; 9

(E) is not in receipt of compensation for a 10

service-connected disability rated totally dis-11

abling by reason of unemployability; and 12

(F) will not be in receipt of unemployment 13

compensation (as defined in section 85(b) of the 14

Internal Revenue Code of 1986), including any 15

cash benefit received pursuant to subtitle A of 16

title II of division A of the CARES Act (Public 17

Law 116–136), as of the first day on which the 18

veteran would receive a housing stipend payment 19

under this section. 20

(2) TREATMENT OF VETERANS WHO TRANSFER 21

ENTITLEMENT.—For purposes of paragraph (1)(C), a 22

veteran who has transferred all of the veteran’s enti-23

tlement to educational assistance under section 3319 24

of title 38, United States Code, shall be considered to 25

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be a veteran who is not eligible to receive educational 1

assistance under chapter 33 of such title. 2

(3) FAILURE TO COMPLETE.—A veteran who re-3

ceives retraining assistance under this section to pur-4

sue a program of education and who fails to complete 5

the program of education shall not be eligible to re-6

ceive additional assistance under this section. 7

(c) COVERED PROGRAMS OF EDUCATION.— 8

(1) IN GENERAL.—For purposes of this section, 9

a covered program of education is a program of edu-10

cation (as such term is defined in section 3452(b) of 11

title 38, United States Code) for training, pursued on 12

a full-time or part-time basis— 13

(A) that— 14

(i) is approved under chapter 36 of 15

such title; 16

(ii) does not lead to a bachelors or 17

graduate degree; and 18

(iii) is designed to provide training for 19

a high-demand occupation, as determined 20

under paragraph (3); or 21

(B) that is a high technology program of 22

education offered by a qualified provider, under 23

the meaning given such terms in section 116 of 24

the Harry W. Colmery Veterans Educational As-25

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† HR 1319 EAS

sistance Act of 2017 (Public Law 115–48; 38 1

U.S.C. 3001 note). 2

(2) ACCREDITED PROGRAMS.—In the case of an 3

accredited program of education, the program of edu-4

cation shall not be considered a covered program of 5

education under this section if the program has re-6

ceived a show cause order from the accreditor of the 7

program during the five-year period preceding the 8

date of the enactment of this Act. 9

(3) DETERMINATION OF HIGH-DEMAND OCCUPA-10

TIONS.—In carrying out this section, the Secretary 11

shall use the list of high-demand occupations compiled 12

by the Commissioner of Labor Statistics. 13

(4) FULL-TIME DEFINED.—For purposes of this 14

subsection, the term ‘‘full-time’’ has the meaning 15

given such term under section 3688 of title 38, United 16

States Code. 17

(d) AMOUNT OF ASSISTANCE.— 18

(1) RETRAINING ASSISTANCE.—The Secretary of 19

Veterans Affairs shall provide to an eligible veteran 20

pursuing a covered program of education under the 21

retraining assistance program under this section an 22

amount equal to the amount of educational assistance 23

payable under section 3313(c)(1)(A) of title 38, 24

United States Code, for each month the veteran pur-25

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† HR 1319 EAS

sues the covered program of education. Such amount 1

shall be payable directly to the educational institution 2

offering the covered program of education pursued by 3

the veteran as follows: 4

(A) 50 percent of the total amount payable 5

shall be paid when the eligible veteran begins the 6

program of education. 7

(B) 25 percent of the total amount payable 8

shall be paid when the eligible veteran completes 9

the program of education. 10

(C) 25 percent of the total amount payable 11

shall be paid when the eligible veteran finds em-12

ployment in a field related to the program of 13

education. 14

(2) FAILURE TO COMPLETE.— 15

(A) PRO-RATED PAYMENTS.—In the case of 16

a veteran who pursues a covered program of edu-17

cation under the retraining assistance program 18

under this section, but who does not complete the 19

program of education, the Secretary shall pay to 20

the educational institution offering such program 21

of education a pro-rated amount based on the 22

number of months the veteran pursued the pro-23

gram of education in accordance with this para-24

graph. 25

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(B) PAYMENT OTHERWISE DUE UPON COM-1

PLETION OF PROGRAM.—The Secretary shall pay 2

to the educational institution a pro-rated 3

amount under paragraph (1)(B) when the vet-4

eran provides notice to the educational institu-5

tion that the veteran no longer intends to pursue 6

the program of education. 7

(C) NONRECOVERY FROM VETERAN.—In the 8

case of a veteran referred to in subparagraph 9

(A), the educational institution may not seek 10

payment from the veteran for any amount that 11

would have been payable under paragraph 12

(1)(B) had the veteran completed the program of 13

education. 14

(D) PAYMENT DUE UPON EMPLOYMENT.— 15

(i) VETERANS WHO FIND EMPLOY-16

MENT.—In the case of a veteran referred to 17

in subparagraph (A) who finds employment 18

in a field related to the program of edu-19

cation during the 180-day period beginning 20

on the date on which the veteran withdraws 21

from the program of education, the Sec-22

retary shall pay to the educational institu-23

tion a pro-rated amount under paragraph 24

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† HR 1319 EAS

(1)(C) when the veteran finds such employ-1

ment. 2

(ii) VETERANS WHO DO NOT FIND EM-3

PLOYMENT.—In the case of a veteran re-4

ferred to in subparagraph (A) who does not 5

find employment in a field related to the 6

program of education during the 180-day 7

period beginning on the date on which the 8

veteran withdraws from the program of edu-9

cation— 10

(I) the Secretary shall not make a 11

payment to the educational institution 12

under paragraph (1)(C); and 13

(II) the educational institution 14

may not seek payment from the vet-15

eran for any amount that would have 16

been payable under paragraph (1)(C) 17

had the veteran found employment 18

during such 180-day period. 19

(3) HOUSING STIPEND.—For each month that an 20

eligible veteran pursues a covered program of edu-21

cation under the retraining assistance program under 22

this section, the Secretary shall pay to the veteran a 23

monthly housing stipend in an amount equal to— 24

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† HR 1319 EAS

(A) in the case of a covered program of edu-1

cation leading to a degree, or a covered program 2

of education not leading to a degree, at an insti-3

tution of higher learning (as that term is defined 4

in section 3452(f) of title 38, United States 5

Code) pursued on more than a half-time basis, 6

the amount specified under subsection (c)(1)(B) 7

of section 3313 of title 38, United States Code; 8

(B) in the case of a covered program of edu-9

cation other than a program of education lead-10

ing to a degree at an institution other than an 11

institution of higher learning pursued on more 12

than a half-time basis, the amount specified 13

under subsection (g)(3)(A)(ii) of such section; or 14

(C) in the case of a covered program of edu-15

cation pursued on less than a half-time basis, or 16

a covered program of education pursued solely 17

through distance learning on more than a half- 18

time basis, the amount specified under subsection 19

(c)(1)(B)(iii) of such section. 20

(4) FAILURE TO FIND EMPLOYMENT.—The Sec-21

retary shall not make a payment under paragraph 22

(1)(C) with respect to an eligible veteran who com-23

pletes or fails to complete a program of education 24

under the retraining assistance program under this 25

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† HR 1319 EAS

section if the veteran fails to find employment in a 1

field related to the program of education within the 2

180-period beginning on the date on which the vet-3

eran withdraws from or completes the program. 4

(e) NO TRANSFERABILITY.—Retraining assistance 5

provided under this section may not be transferred to an-6

other individual. 7

(f) LIMITATION.—Not more than 17,250 eligible vet-8

erans may receive retraining assistance under this section. 9

(g) TERMINATION.—No retraining assistance may be 10

paid under this section after the date that is 21 months 11

after the date of the enactment of this Act. 12

(h) FUNDING.—In addition to amounts otherwise 13

available there is appropriated to the Department of Vet-14

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



SEC. 8007. PROHIBITION ON COPAYMENTS AND COST SHAR-18

ING FOR VETERANS DURING EMERGENCY RE-19

LATING TO COVID–19. 20

(a) IN GENERAL.—The Secretary of Veterans Affairs— 21

(1) shall provide for any copayment or other cost 22

sharing with respect to health care under the laws ad-23

ministered by the Secretary received by a veteran 24

during the period specified in subsection (b); and 25

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† HR 1319 EAS

(2) shall reimburse any veteran who paid a co-1

payment or other cost sharing for health care under 2

the laws administered by the Secretary received by a 3

veteran during such period the amount paid by the 4

veteran. 5

(b) PERIOD SPECIFIED.—The period specified in this 6

subsection is the period beginning on April 6, 2020, and 7



available, there is appropriated to the Secretary of Veterans 10

Affairs for fiscal year 2021, out of any money in the Treas-11

ury not otherwise appropriated, $1,000,000,000, to remain 12

available until expended, to carry out this section, except 13

for health care furnished pursuant to section 1703(c)(2)– 14

(c)(4) of title 38, United States Code. 15

SEC. 8008. EMERGENCY DEPARTMENT OF VETERANS AF-16

FAIRS EMPLOYEE LEAVE FUND. 17


tablished in the Treasury the Emergency Department of 19

Veterans Affairs Employee Leave Fund (in this section re-20

ferred to as the ‘‘Fund’’), to be administered by the Sec-21

retary of Veterans Affairs, for the purposes set forth in sub-22

section (b). In addition to amounts otherwise available, 23



287

† HR 1319 EAS

which shall be deposited into the Fund and remain avail-1

able through September 20, 2022. 2


able for payment to the Department of Veterans Affairs for 4

the use of paid leave by any covered employee who is unable 5

to work because the employee— 6

















cautions; 23


lar condition; 25

288

† HR 1319 EAS









COVID–19 or to recover from any injury, disability, 9

illness, or condition related to such immunization. 10



this section may only be provided to and used by a 13

covered employee during the period beginning on the 14

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

tember 30, 2021. 16


this section— 18

(A) shall be provided to a covered employee 19

in an amount not to exceed 600 hours of paid 20

leave for each full-time employee, and in the case 21

of a part-time employee, employee on an uncom-22

mon tour of duty, or employee with a seasonal 23

work schedule, in an amount not to exceed the 24

proportional equivalent of 600 hours to the ex-25

289

† HR 1319 EAS

tent amounts in the Fund remain available for 1

reimbursement; 2



(C) may not be provided to a covered em-5

ployee if the leave would result in payments 6

greater than $2,800 in aggregate for any bi-7

weekly pay period for a full-time employee, or a 8

proportionally equivalent biweekly limit for a 9

part-time employee. 10




vided to a covered employee; and 14

(B) may not be used by a covered employee 15

concurrently with any other paid leave. 16


Any paid leave provided to a covered employee under 18

this section shall reduce the total service used to cal-19

culate any Federal civilian retirement benefit. 20

(d) COVERED EMPLOYEE DEFINED.—In this section, 21

the term ‘‘covered employee’’ means an employee of the De-22

partment of Veterans Affairs appointed under chapter 74 23

of title 38, United States Code. 24

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† HR 1319 EAS

TITLE IX—COMMITTEE ON 1

FINANCE 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 Act 9

(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 ‘‘September 6, 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 amended— 20

(1) by striking ‘‘50 weeks’’ and inserting ‘‘79 21

weeks’’; and 22

(2) by striking ‘‘50-week period’’ and inserting 23

‘‘79-week period’’. 24

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† HR 1319 EAS

(c) HOLD HARMLESS FOR PROPER ADMINISTRA-1

TION.—In the case of an individual who is eligible to receive 2

pandemic unemployment assistance under section 2102 of 3

the CARES Act (15 U.S.C. 9021) as of the day before the 4

date of enactment of this Act and on the date of enactment 5

of this Act becomes eligible for pandemic emergency unem-6

ployment compensation under section 2107 of the CARES 7

Act (15 U.S.C. 9025) by reason of the amendments made 8

by section 9016(b) of this title, any payment of pandemic 9

unemployment assistance under such section 2102 made 10

after the date of enactment of this Act to such individual 11

during an appropriate period of time, as determined by the 12

Secretary of Labor, that should have been made under such 13

section 2107 shall not be considered to be an overpayment 14

of assistance under such section 2102, except that an indi-15

vidual may not receive payment for assistance under sec-16

tion 2102 and a payment for assistance under section 2107 17

for the same week of unemployment. 18

(d) EFFECTIVE DATE.—The amendments made by 19

subsections (a) and (b) shall apply as if included in the 20

enactment of the CARES Act (Public Law 116–136), except 21

that no amount shall be payable by virtue of such amend-22

ments with respect to any week of unemployment ending 23

on or before March 14, 2021. 24

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† HR 1319 EAS

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 ‘‘September 6, 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 except 11

as otherwise provided in this subparagraph’’ after ‘‘as 12

determined by the Secretary of Labor’’; and 13

(2) by inserting after the first sentence the fol-14

lowing: ‘‘With respect to the amounts of such com-15

pensation paid for weeks of unemployment beginning 16

after March 31, 2021, and ending on or before Sep-17

tember 6, 2021, the preceding sentence shall be ap-18

plied by substituting ‘75 percent’ for ‘one-half’.’’. 19

SEC. 9013. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-20

MENT COMPENSATION. 21

(a) IN GENERAL.—Section 2104(e)(2) of the CARES 22

Act (15 U.S.C. 9023(e)(2)) is amended by striking ‘‘March 23


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(b) AMOUNT.—Section 2104(b)(3)(A)(ii) of such Act 1

(15 U.S.C. 9023(b)(3)(A)(ii)) is amended by striking 2

‘‘March 14, 2021’’ and inserting ‘‘September 6, 2021’’. 3

SEC. 9014. EXTENSION OF FULL FEDERAL FUNDING OF THE 4

FIRST WEEK OF COMPENSABLE REGULAR UN-5

EMPLOYMENT FOR STATES WITH NO WAITING 6

WEEK. 7

(a) IN GENERAL.—Section 2105(e)(2) of the CARES 8

Act (15 U.S.C. 9024(e)(2)) is amended by striking ‘‘March 9


(b) FULL REIMBURSEMENT.—Paragraph (3) of section 11

2105(c) of such Act (15 U.S.C. 9024(c)) is repealed and 12

such section shall be applied to weeks of unemployment to 13

which an agreement under section 2105 of such Act applies 14

as if such paragraph had not been enacted. In imple-15

menting the preceding sentence, a State may, if necessary, 16

reenter the agreement with the Secretary under section 2105 17

of such Act, and retroactively pay for the first week of reg-18

ular compensation without a waiting week consistent with 19

State law (including a waiver of State law) and receive 20

full reimbursement for weeks of unemployment that ended 21

after December 31, 2020. 22

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† HR 1319 EAS

SEC. 9015. EXTENSION OF EMERGENCY STATE STAFFING 1

FLEXIBILITY. 2

If a State modifies its unemployment compensation 3

law and policies, subject to the succeeding sentence, with 4

respect to personnel standards on a merit basis on an emer-5

gency temporary basis as needed to respond to the spread 6

of COVID–19, such modifications shall be disregarded for 7

the purposes of applying section 303 of the Social Security 8

Act and section 3304 of the Internal Revenue Code of 1986 9

to such State law. Such modifications shall only apply 10

through September 6, 2021, and shall be limited to engaging 11

of temporary staff, rehiring of retirees or former employees 12

on a non-competitive basis, and other temporary actions 13

to quickly process applications and claims. 14

SEC. 9016. EXTENSION OF PANDEMIC EMERGENCY UNEM-15

PLOYMENT COMPENSATION. 16

(a) IN GENERAL.—Section 2107(g) of the CARES Act 17

(15 U.S.C. 9025(g)) is amended to read as follows: 18

‘‘(g) APPLICABILITY.—An agreement entered into 19

under this section shall apply to weeks of unemployment— 20

‘‘(1) beginning after the date on which such 21

agreement is entered into; and 22

‘‘(2) ending on or before September 6, 2021.’’. 23

(b) INCREASE IN NUMBER OF WEEKS.—Section 24

2107(b)(2) of such Act (15 U.S.C. 9025(b)(2)) is amended 25

by striking ‘‘24’’ and inserting ‘‘53’’. 26

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† HR 1319 EAS

(c) COORDINATION OF PANDEMIC EMERGENCY UNEM-1

PLOYMENT COMPENSATION WITH EXTENDED COMPENSA-2

TION.—Section 2107(a)(5)(B) of such Act (15 U.S.C. 3

9025(a)(5)(B)) is amended by inserting ‘‘or for the week 4

that includes the date of enactment of the American Rescue 5

Plan Act of 2021 (without regard to the amendments made 6

by subsections (a) and (b) of section 9016 of such Act)’’ 7

after ‘‘2020)’’. 8

(d) SPECIAL RULE FOR EXTENDED COMPENSATION.— 9

Section 2107(a)(8) of such Act (15 U.S.C. 9025(a)(8)) is 10

amended by striking ‘‘April 12, 2021’’ and inserting ‘‘Sep-11

tember 6, 2021’’. 12

(e) EFFECTIVE DATE.—The amendments made by this 13

section shall apply as if included in the enactment of the 14

CARES Act (Public Law 116–136), except that no amount 15

shall be payable by virtue of such amendments with respect 16

to any week of unemployment ending on or before March 17

14, 2021. 18

SEC. 9017. EXTENSION OF TEMPORARY FINANCING OF 19

SHORT-TIME COMPENSATION PAYMENTS IN 20

STATES WITH PROGRAMS IN LAW. 21

Section 2108(b)(2) of the CARES Act (15 U.S.C. 22

9026(b)(2)) is amended by striking ‘‘March 14, 2021’’ and 23


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† HR 1319 EAS

SEC. 9018. EXTENSION OF TEMPORARY FINANCING OF 1

SHORT-TIME COMPENSATION AGREEMENTS 2

FOR STATES WITHOUT PROGRAMS IN LAW. 3

Section 2109(d)(2) of the CARES Act (15 U.S.C. 4

9027(d)(2)) is amended by striking ‘‘March 14, 2021’’ and 5


PART 2—EXTENSION OF FFCRA UNEMPLOYMENT 7

PROVISIONS 8

SEC. 9021. EXTENSION OF TEMPORARY ASSISTANCE FOR 9

STATES WITH ADVANCES. 10

Section 1202(b)(10)(A) of the Social Security Act (42 11

U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘March 14, 12


SEC. 9022. EXTENSION OF FULL FEDERAL FUNDING OF EX-14

TENDED UNEMPLOYMENT COMPENSATION. 15

(a) IN GENERAL.—Section 4105 of the Families First 16

Coronavirus Response Act (26 U.S.C. 3304 note) is amend-17

ed by striking ‘‘March 14, 2021’’ each place it appears and 18


(b) EFFECTIVE DATE.—The amendment made by sub-20

section (a) shall apply as if included in the enactment of 21

the Families First Coronavirus Response Act (Public Law 22

116–127). 23

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† HR 1319 EAS

PART 3—DEPARTMENT OF LABOR FUNDING FOR 1

TIMELY, ACCURATE, AND EQUITABLE PAYMENT 2

SEC. 9031. FUNDING FOR ADMINISTRATION. 3


appropriated to the Employment and Training Adminis-5

tration of the Department of Labor for fiscal year 2021, 6


priated, $8,000,000, to remain available until expended, for 8

necessary expenses to carry out Federal activities relating 9

to the administration of unemployment compensation pro-10

grams. 11

SEC. 9032. FUNDING FOR FRAUD PREVENTION, EQUITABLE 12

ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 13

WORKERS. 14

Subtitle A of title II of division A of the CARES Act 15

(Public Law 116–136) is amended by adding at the end 16

the following: 17

‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, EQUITABLE 18

ACCESS, AND TIMELY PAYMENT TO ELIGIBLE 19

WORKERS. 20

‘‘(a) IN GENERAL.—In addition to amounts otherwise 21

available, there is appropriated to the Secretary of Labor 22



able until expended, to detect and prevent fraud, promote 25

equitable access, and ensure the timely payment of benefits 26

298

† HR 1319 EAS

with respect to unemployment compensation programs, in-1

cluding programs extended under subtitle A of title IX of 2

the American Rescue Plan Act of 2021. 3

‘‘(b) USE OF FUNDS.—Amounts made available under 4

subsection (a) may be used— 5

‘‘(1) for Federal administrative costs related to 6

the purposes described in subsection (a); 7

‘‘(2) for systemwide infrastructure investment 8

and development related to such purposes; and 9

‘‘(3) to make grants to States or territories ad-10

ministering unemployment compensation programs 11

described in subsection (a) (including territories ad-12

ministering the Pandemic Unemployment Assistance 13

program under section 2102) for such purposes, in-14

cluding the establishment of procedures or the build-15

ing of infrastructure to verify or validate identity, 16

implement Federal guidance regarding fraud detec-17

tion and prevention, and accelerate claims processing 18

or process claims backlogs due to the pandemic. 19

‘‘(c) RESTRICTIONS ON GRANTS TO STATES AND TER-20

RITORIES.—As a condition of receiving a grant under sub-21

section (b)(3), the Secretary may require that a State or 22

territory receiving such a grant shall— 23

‘‘(1) use such program integrity tools as the Sec-24

retary may specify; and 25

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† HR 1319 EAS

‘‘(2) as directed by the Secretary, conduct user 1

accessibility testing on any new system developed by 2

the Secretary pursuant to subsection (b)(2).’’. 3

PART 4—OTHER PROVISIONS 4

SEC. 9041. EXTENSION OF LIMITATION ON EXCESS BUSI-5

NESS LOSSES OF NONCORPORATE TAX-6

PAYERS. 7

(a) IN GENERAL.—Section 461(l)(1) of the Internal 8

Revenue Code of 1986 is amended by striking ‘‘January 9

1, 2026’’ each place it appears and inserting ‘‘January 1, 10

2027’’. 11

(b) EFFECTIVE DATE.—The amendments made by this 12

section shall apply to taxable years beginning after Decem-13

ber 31, 2025. 14

SEC. 9042. SUSPENSION OF TAX ON PORTION OF UNEM-15

PLOYMENT COMPENSATION. 16

(a) IN GENERAL.—Section 85 of the Internal Revenue 17

Code of 1986 is amended by adding at the end the following 18

new subsection: 19

‘‘(c) SPECIAL RULE FOR 2020.— 20

‘‘(1) IN GENERAL.—In the case of any taxable 21

year beginning in 2020, if the adjusted gross income 22

of the taxpayer for such taxable year is less than 23

$150,000, the gross income of such taxpayer shall not 24

include so much of the unemployment compensation 25

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received by such taxpayer (or, in the case of a joint 1

return, received by each spouse) as does not exceed 2

$10,200. 3

‘‘(2) APPLICATION.—For purposes of paragraph 4

(1), the adjusted gross income of the taxpayer shall be 5

determined— 6

‘‘(A) after application of sections 86, 135, 7

137, 219, 221, 222, and 469, and 8

‘‘(B) without regard to this section.’’. 9

(b) CONFORMING AMENDMENTS.— 10

(1) Section 74(d)(2)(B) of the Internal Revenue 11

Code of 1986 is amended by inserting ‘‘85(c),’’ before 12

‘‘86’’. 13

(2) Section 86(b)(2)(A) of such Code is amended 14

by inserting ‘‘85(c),’’ before ‘‘135’’. 15

(3) Section 135(c)(4)(A) of such Code is amended 16

by inserting ‘‘85(c),’’ before ‘‘137’’. 17

(4) Section 137(b)(3)(A) of such Code is amend-18

ed by inserting ‘‘85(c)’’ before ‘‘221’’. 19

(5) Section 219(g)(3)(A)(ii) of such Code is 20

amended by inserting ‘‘85(c),’’ before ‘‘135’’. 21

(6) Section 221(b)(2)(C)(i) of such Code is 22

amended by inserting ‘‘85(c)’’ before ‘‘911’’. 23

(7) Section 222(b)(2)(C)(i) of such Code, as in 24

effect before date of enactment of the Taxpayer Cer-25

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† HR 1319 EAS

tainty and Disaster Tax Relief Act of 2020, is amend-1

ed by inserting ‘‘85(c)’’ before ‘‘911’’. 2

(8) Section 469(i)(3)(E)(ii) of such Code is 3

amended by striking ‘‘135 and 137’’ and inserting 4

‘‘85(c), 135, and 137’’. 5

(c) EFFECTIVE DATE.—The amendments made by this 6


ber 31, 2019. 8

Subtitle B—Emergency Assistance 9

to Families Through Home Vis-10

iting Programs 11

SEC. 9101. EMERGENCY ASSISTANCE TO FAMILIES 12

THROUGH HOME VISITING PROGRAMS. 13

Effective 1 day after the date of enactment of this Act, 14

title V of the Social Security Act (42 U.S.C. 701–713) is 15

amended by inserting after section 511 the following: 16

‘‘SEC. 511A. EMERGENCY ASSISTANCE TO FAMILIES 17

THROUGH HOME VISITING PROGRAMS. 18

‘‘(a) SUPPLEMENTAL APPROPRIATION.—In addition to 19

amounts otherwise appropriated, out of any money in the 20

Treasury of the United States not otherwise appropriated, 21

there are appropriated to the Secretary $150,000,000, to re-22

main available through September 30, 2022, to enable eligi-23

ble entities to conduct programs in accordance with section 24

511 and subsection (c) of this section. 25

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‘‘(b) ELIGIBILITY FOR FUNDS.—To be eligible to re-1

ceive funds made available by subsection (a) of this section, 2

an entity shall— 3

‘‘(1) as of the date of the enactment of this sec-4

tion, be conducting a program under section 511; 5

‘‘(2) ensure the modification of grants, contracts, 6

and other agreements, as applicable, executed under 7

section 511 under which the program is conducted as 8

are necessary to provide that, during the period that 9

begins with the date of the enactment of this section 10

and ends with the end of the 2nd succeeding fiscal 11

year after the funds are awarded, the entity shall— 12

‘‘(A) not reduce funding for, or staffing lev-13

els of, the program on account of reduced enroll-14

ment in the program; and 15

‘‘(B) when using funds to provide emer-16

gency supplies to eligible families receiving grant 17

services under section 511, ensure coordination 18

with local diaper banks to the extent practicable; 19

and 20

‘‘(3) reaffirm that, in conducting the program, 21

the entity will focus on priority populations (as de-22

fined in section 511(d)(4)). 23

‘‘(c) USES OF FUNDS.—An entity to which funds are 24

provided under this section shall use the funds— 25

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‘‘(1) to serve families with home visits or with 1

virtual visits, that may be conducted by the use of 2

electronic information and telecommunications tech-3

nologies, in a service delivery model described in sec-4

tion 511(d)(3)(A); 5

‘‘(2) to pay hazard pay or other additional staff 6

costs associated with providing home visits or admin-7

istration for programs funded under section 511; 8

‘‘(3) to train home visitors employed by the enti-9

ty in conducting a virtual home visit and in emer-10

gency preparedness and response planning for fami-11

lies served, and may include training on how to safe-12

ly conduct intimate partner violence screenings, and 13

training on safety and planning for families served to 14

support the family outcome improvements listed in 15

section 511(d)(2)(B); 16

‘‘(4) for the acquisition by families served by 17

programs under section 511 of such technological 18

means as are needed to conduct and support a virtual 19

home visit; 20

‘‘(5) to provide emergency supplies (such as dia-21

pers and diapering supplies including diaper wipes 22

and diaper cream, necessary to ensure that a child 23

using a diaper is properly cleaned and protected from 24

diaper rash, formula, food, water, hand soap and 25

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hand sanitizer) to an eligible family (as defined in 1

section 511(k)(2)); 2

‘‘(6) to coordinate with and provide reimburse-3

ment for supplies to diaper banks when using such 4

entities to provide emergency supplies specified in 5

paragraph (5); or 6

‘‘(7) to provide prepaid grocery cards to an eligi-7

ble family (as defined in section 511(k)(2)) partici-8

pating in the maternal, infant, and early childhood 9

home visiting program under section 511 for the pur-10

pose of enabling the family to meet the emergency 11

needs of the family.’’. 12

Subtitle C—Emergency Assistance 13

to Children and Families 14

SEC. 9201. PANDEMIC EMERGENCY ASSISTANCE. 15

Section 403 of the Social Security Act (42 U.S.C. 603) 16

is amended by adding at the end the following: 17

‘‘(c) PANDEMIC EMERGENCY ASSISTANCE.— 18

‘‘(1) APPROPRIATION.—In addition to amounts 19

otherwise available, there is appropriated for fiscal 20

year 2021, out of any money in the Treasury of the 21

United States not otherwise appropriated, 22

$1,000,000,000, to remain available until expended, 23

to carry out this subsection. 24

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‘‘(2) RESERVATION OF FUNDS FOR TECHNICAL 1

ASSISTANCE.—Of the amount specified in paragraph 2

(1), the Secretary shall reserve $2,000,000 for admin-3

istrative expenses and the provision of technical as-4

sistance to States and Indian tribes with respect to 5

the use of funds provided under this subsection. 6

‘‘(3) ALLOTMENTS.— 7

‘‘(A) 50 STATES AND THE DISTRICT OF CO-8

LUMBIA.— 9

‘‘(i) TOTAL AMOUNT TO BE ALLOT-10

TED.—The Secretary shall allot a total of 11

92.5 percent of the amount specified in 12

paragraph (1) that is not reserved under 13

paragraph (2) among the States that are 14

not a territory and that are operating a 15

program funded under this part, in accord-16

ance with clause (ii) of this subparagraph. 17

‘‘(ii) ALLOTMENT FORMULA.—The Sec-18

retary shall allot to each such State the sum 19

of the following percentages of the total 20

amount described in clause (i): 21

‘‘(I) 50 percent, multiplied by— 22

‘‘(aa) the population of chil-23

dren in the State, determined on 24

the basis of the most recent popu-25

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lation estimates as determined by 1

the Bureau of the Census; divided 2

by 3

‘‘(bb) the total population of 4

children in the States that are not 5

territories, as so determined; plus 6

‘‘(II) 50 percent, multiplied by— 7

‘‘(aa) the total amount ex-8

pended by the State for basic as-9

sistance, non-recurrent short term 10

benefits, and emergency assistance 11

in fiscal year 2019, as reported by 12

the State under section 411; di-13

vided by 14

‘‘(bb) the total amount ex-15

pended by the States that are not 16

territories for basic assistance, 17

non-recurrent short term benefits, 18

and emergency assistance in fiscal 19

year 2019, as so reported by the 20

States. 21

‘‘(B) TERRITORIES AND INDIAN TRIBES.— 22

The Secretary shall allot among the territories 23

and Indian tribes otherwise eligible for a grant 24

under this part such portions of 7.5 percent of 25

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the amount specified in paragraph (1) that are 1

not reserved under paragraph (2) as the Sec-2

retary deems appropriate based on the needs of 3

the territory or Indian tribe involved. 4

‘‘(C) EXPENDITURE COMMITMENT REQUIRE-5

MENT.—To receive the full amount of funding 6

payable under this subsection, a State or Indian 7

tribe shall inform the Secretary as to whether it 8

intends to use all of its allotment under this 9

paragraph and provide that information— 10

‘‘(i) in the case of a State that is not 11

a territory, within 45 days after the date of 12

the enactment of this subsection; or 13

‘‘(ii) in the case of a territory or an 14

Indian tribe, within 90 days after such date 15

of enactment. 16

‘‘(4) GRANTS.— 17

‘‘(A) IN GENERAL.—The Secretary shall 18

provide funds to each State and Indian tribe to 19

which an amount is allotted under paragraph 20

(3), from the amount so allotted. 21

‘‘(B) TREATMENT OF UNUSED FUNDS.— 22

‘‘(i) REALLOTMENT.—The Secretary 23

shall reallot in accordance with paragraph 24

(3) all funds provided to any State or In-25

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dian tribe under this subsection that are 1

unused, among the other States and Indian 2

tribes eligible for funds under this sub-3

section. For purposes of paragraph (3), the 4

Secretary shall treat the funds as if in-5

cluded in the amount specified in para-6

graph (1). 7

‘‘(ii) PROVISION.—The Secretary shall 8

provide funds to each such other State or 9

Indian tribe in an amount equal to the 10

amount so reallotted. 11

‘‘(5) RECIPIENT OF FUNDS PROVIDED FOR TER-12

RITORIES.—In the case of a territory not operating a 13

program funded under this part, the Secretary shall 14

provide the funds required to be provided to the terri-15

tory under this subsection, to the agency that admin-16

isters the bulk of local human services programs in 17

the territory. 18

‘‘(6) USE OF FUNDS.— 19

‘‘(A) IN GENERAL.—A State or Indian tribe 20

to which funds are provided under this sub-21

section may use the funds only for non-recurrent 22

short term benefits, whether in the form of cash 23

or in other forms. 24

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‘‘(B) LIMITATION ON USE FOR ADMINISTRA-1

TIVE EXPENSES.—A State to which funds are 2

provided under this subsection shall not expend 3

more than 15 percent of the funds for adminis-4

trative purposes. 5

‘‘(C) NONSUPPLANTATION.—Funds provided 6

under this subsection shall be used to supplement 7

and not supplant other Federal, State, or tribal 8

funds for services and activities that promote the 9

purposes of this part. 10

‘‘(D) EXPENDITURE DEADLINE.— 11

‘‘(i) IN GENERAL.—Except as provided 12

in clause (ii), a State or Indian tribe to 13

which funds are provided under this sub-14

section shall expend the funds not later than 15

the end of fiscal year 2022. 16

‘‘(ii) EXCEPTION FOR REALLOTTED 17

FUNDS.—A State or Indian tribe to which 18

funds are provided under paragraph (4)(B) 19

shall expend the funds within 12 months 20

after receipt. 21

‘‘(7) SUSPENSION OF TERRITORY SPENDING 22

CAP.—Section 1108 shall not apply with respect to 23

any funds provided under this subsection. 24

‘‘(8) DEFINITIONS.—In this subsection: 25

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‘‘(A) APPLICABLE PERIOD.—The term ‘ap-1

plicable period’ means the period that begins 2

with April 1, 2021, and ends with September 30, 3

2022. 4

‘‘(B) NON-RECURRENT SHORT TERM BENE-5

FITS.—The term ‘non-recurrent short term bene-6

fits’ has the meaning given the term in OMB ap-7

proved Form ACF–196R, published on July 31, 8

2014. 9

‘‘(C) STATE.—The term ‘State’ means the 10

50 States of the United States, the District of 11

Columbia, and the territories. 12

‘‘(D) TERRITORY.—The term ‘territory’ 13

means the Commonwealth of Puerto Rico, the 14

United States Virgin Islands, Guam, American 15

Samoa, and the Commonwealth of the Northern 16

Mariana Islands.’’. 17

Subtitle D—Elder Justice and 18

Support Guarantee 19

SEC. 9301. ADDITIONAL FUNDING FOR AGING AND DIS-20

ABILITY SERVICES PROGRAMS. 21

Subtitle A of title XX of the Social Security Act (42 22

U.S.C. 1397–1397h) is amended by adding at the end the 23

following: 24

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† HR 1319 EAS

‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING AND DIS-1

ABILITY SERVICES PROGRAMS. 2

‘‘(a) APPROPRIATION.—In addition to amounts other-3



priated, $276,000,000, to remain available until expended, 6

to carry out the programs described in subtitle B. 7

‘‘(b) USE OF FUNDS.—Of the amounts made available 8

by subsection (a)— 9

‘‘(1) $88,000,000 shall be made available to 10

carry out the programs described in subtitle B in fis-11

cal year 2021, of which not less than an amount 12

equal to $100,0000,000 minus the amount previously 13

provided in fiscal year 2021 to carry out section 14

2042(b) shall be made available to carry out such sec-15

tion; and 16

‘‘(2) $188,000,000 shall be made available to 17

carry out the programs described in subtitle B in fis-18

cal year 2022, of which not less than $100,000,000 19

shall be for activities described in section 2042(b).’’. 20

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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

(2) by adding at the end the following new para-12

graph: 13

‘‘(2) In addition to any funds otherwise available, 14

there are appropriated to the Secretary, out of any monies 15

in the Treasury not otherwise obligated, $200,000,000, to 16

remain available until expended, for purposes of requiring 17

multiple organizations described in paragraph (1) to pro-18

vide to skilled nursing facilities (as defined in section 19

1819(a)), infection control and vaccination uptake support 20

relating to the prevention or mitigation of COVID–19, as 21

determined appropriate by the Secretary.’’. 22

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SEC. 9402. FUNDING FOR STRIKE TEAMS FOR RESIDENT 1

AND EMPLOYEE SAFETY IN SKILLED NURSING 2

FACILITIES. 3

Section 1819 of the Social Security Act (42 U.S.C. 4

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 and 13

implement a strike team that will be deployed to a skilled 14

nursing facility in the State with diagnosed or suspected 15

cases of COVID–19 among residents or staff for the purposes 16

of assisting with clinical care, infection control, or staffing 17

during the emergency period described in section 18

1135(g)(1)(B) and the 1-year period immediately following 19

the end of such emergency period.’’. 20

Subtitle F—Preserving Health 21

Benefits for Workers 22

SEC. 9501. PRESERVING HEALTH BENEFITS FOR WORKERS. 23

(a) PREMIUM ASSISTANCE FOR COBRA CONTINUATION 24

COVERAGE FOR INDIVIDUALS AND THEIR FAMILIES.— 25

(1) PROVISION OF PREMIUM ASSISTANCE.— 26

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† HR 1319 EAS

(A) REDUCTION OF PREMIUMS PAYABLE.— 1

In the case of any premium for a period of cov-2

erage during the period beginning on the first 3

day of the first month beginning after the date 4

of the enactment of this Act, and ending on Sep-5

tember 30, 2021, for COBRA continuation cov-6

erage with respect to any assistance eligible indi-7

vidual described in paragraph (3), such indi-8

vidual shall be treated for purposes of any 9

COBRA continuation provision as having paid 10

in full the amount of such premium. 11

(B) PLAN ENROLLMENT OPTION.— 12

(i) IN GENERAL.—Solely for purposes 13

of this subsection, the COBRA continuation 14

provisions shall be applied such that any 15

assistance eligible individual who is en-16

rolled in a group health plan offered by a 17

plan sponsor may, not later than 90 days 18

after the date of notice of the plan enroll-19

ment option described in this subparagraph, 20

elect to enroll in coverage under a plan of-21

fered by such plan sponsor that is different 22

than coverage under the plan in which such 23

individual was enrolled at the time, in the 24

case of any assistance eligible individual de-25

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† HR 1319 EAS

scribed in paragraph (3), the qualifying 1

event specified in section 603(2) of the Em-2

ployee Retirement Income Security Act of 3

1974, section 4980B(f)(3)(B) of the Internal 4

Revenue Code of 1986, or section 2203(2) of 5

the Public Health Service Act, except for the 6

voluntary termination of such individual’s 7

employment by such individual, occurred, 8

and such coverage shall be treated as 9

COBRA continuation coverage for purposes 10

of the applicable COBRA continuation cov-11

erage provision. 12

(ii) REQUIREMENTS.—Any assistance 13

eligible individual may elect to enroll in 14

different coverage as described in clause (i) 15

only if— 16

(I) the employer involved has 17

made a determination that such em-18

ployer will permit such assistance eli-19

gible individual to enroll in different 20

coverage as provided under this sub-21

paragraph; 22

(II) the premium for such dif-23

ferent coverage does not exceed the pre-24

mium for coverage in which such indi-25

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† HR 1319 EAS

vidual was enrolled at the time such 1

qualifying event occurred; 2

(III) the different coverage in 3

which the individual elects to enroll is 4

coverage that is also offered to simi-5

larly situated active employees of the 6

employer at the time at which such 7

election is made; and 8

(IV) the different coverage in 9

which the individual elects to enroll is 10

not— 11

(aa) coverage that provides 12

only excepted benefits as defined 13

in section 9832(c) of the Internal 14

Revenue Code of 1986, section 15

733(c) of the Employee Retire-16

ment Income Security Act of 17

1974, and section 2791(c) of the 18

Public Health Service Act; 19

(bb) a qualified small em-20

ployer health reimbursement ar-21

rangement (as defined in section 22

9831(d)(2) of the Internal Rev-23

enue Code of 1986); or 24

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† HR 1319 EAS

(cc) a flexible spending ar-1

rangement (as defined in section 2

106(c)(2) of the Internal Revenue 3

Code of 1986). 4

(2) LIMITATION OF PERIOD OF PREMIUM ASSIST-5

ANCE.— 6

(A) ELIGIBILITY FOR ADDITIONAL COV-7

ERAGE.—Paragraph (1)(A) shall not apply with 8

respect to any assistance eligible individual de-9

scribed in paragraph (3) for months of coverage 10

beginning on or after the earlier of— 11

(i) the first date that such individual 12

is eligible for coverage under any other 13

group health plan (other than coverage con-14

sisting of only excepted benefits (as defined 15

in section 9832(c) of the Internal Revenue 16

Code of 1986, section 733(c) of the Em-17


1974, and section 2791(c) of the Public 19

Health Service Act), coverage under a flexi-20

ble spending arrangement (as defined in 21

section 106(c)(2) of the Internal Revenue 22

Code of 1986), coverage under a qualified 23

small employer health reimbursement ar-24

rangement (as defined in section 9831(d)(2) 25

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† HR 1319 EAS

of the Internal Revenue Code of 1986)), or 1

eligible for benefits under the Medicare pro-2

gram under title XVIII of the Social Secu-3

rity Act; or 4

(ii) the earlier of— 5

(I) the date following the expira-6

tion of the maximum period of con-7

tinuation coverage required under the 8

applicable COBRA continuation cov-9

erage provision; or 10

(II) the date following the expira-11

tion of the period of continuation cov-12

erage allowed under paragraph 13

(4)(B)(ii). 14

(B) NOTIFICATION REQUIREMENT.—Any as-15

sistance eligible individual shall notify the group 16

health plan with respect to which paragraph 17

(1)(A) applies if such paragraph ceases to apply 18

by reason of clause (i) of subparagraph (A) (as 19

applicable). Such notice shall be provided to the 20

group health plan in such time and manner as 21

may be specified by the Secretary of Labor. 22

(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For 23

purposes of this section, the term ‘‘assistance eligible 24

individual’’ means, with respect to a period of cov-25

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† HR 1319 EAS

erage during the period beginning on the first day of 1

the first month beginning after the date of the enact-2

ment of this Act, and ending on September 30, 2021, 3

any individual that is a qualified beneficiary who— 4

(A) is eligible for COBRA continuation cov-5

erage by reason of a qualifying event specified in 6

section 603(2) of the Employee Retirement In-7

come Security Act of 1974, section 8

4980B(f)(3)(B) of the Internal Revenue Code of 9

1986, or section 2203(2) of the Public Health 10

Service Act, except for the voluntary termination 11

of such individual’s employment by such indi-12

vidual; and 13

(B) elects such coverage. 14

(4) EXTENSION OF ELECTION PERIOD AND EF-15

FECT ON COVERAGE.— 16

(A) IN GENERAL.—For purposes of apply-17

ing section 605(a) of the Employee Retirement 18

Income Security Act of 1974, section 19

4980B(f)(5)(A) of the Internal Revenue Code of 20

1986, and section 2205(a) of the Public Health 21

Service Act, in the case of— 22

(i) an individual who does not have an 23

election of COBRA continuation coverage in 24

effect on the first day of the first month be-25

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† HR 1319 EAS

ginning after the date of the enactment of 1

this Act but who would be an assistance eli-2

gible individual described in paragraph (3) 3

if such election were so in effect; or 4

(ii) an individual who elected COBRA 5

continuation coverage and discontinued 6

from such coverage before the first day of 7

the first month beginning after the date of 8

the enactment of this Act, 9

such individual may elect the COBRA continu-10

ation coverage under the COBRA continuation 11

coverage provisions containing such provisions 12

during the period beginning on the first day of 13

the first month beginning after the date of the 14

enactment of this Act and ending 60 days after 15

the date on which the notification required under 16

paragraph (5)(C) is provided to such individual. 17

(B) COMMENCEMENT OF COBRA CONTINU-18

ATION COVERAGE.—Any COBRA continuation 19

coverage elected by a qualified beneficiary during 20

an extended election period under subparagraph 21

(A)— 22

(i) shall commence (including for pur-23

poses of applying the treatment of premium 24

payments under paragraph (1)(A) and any 25

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† HR 1319 EAS

cost-sharing requirements for items and 1

services under a group health plan) with the 2

first period of coverage beginning on or 3

after the first day of the first month begin-4

ning after the date of the enactment of this 5

Act, and 6

(ii) shall not extend beyond the period 7

of COBRA continuation coverage that 8

would have been required under the applica-9

ble COBRA continuation coverage provision 10

if the coverage had been elected as required 11

under such provision or had not been dis-12

continued. 13

(5) NOTICES TO INDIVIDUALS.— 14

(A) GENERAL NOTICE.— 15

(i) IN GENERAL.—In the case of notices 16

provided under section 606(a)(4) of the Em-17


1974 (29 U.S.C. 1166(4)), section 19

4980B(f)(6)(D) of the Internal Revenue 20

Code of 1986, or section 2206(4) of the Pub-21

lic Health Service Act (42 U.S.C. 300bb– 22

6(4)), with respect to individuals who, dur-23

ing the period described in paragraph (3), 24

become entitled to elect COBRA continu-25

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† HR 1319 EAS

ation coverage, the requirements of such 1

provisions shall not be treated as met unless 2

such notices include an additional written 3

notification to the recipient in clear and 4

understandable language of— 5

(I) the availability of premium 6

assistance with respect to such coverage 7

under this subsection; and 8

(II) the option to enroll in dif-9

ferent coverage if the employer permits 10

assistance eligible individuals described 11

in paragraph (3) to elect enrollment in 12

different coverage (as described in 13

paragraph (1)(B)). 14

(ii) ALTERNATIVE NOTICE.—In the 15

case of COBRA continuation coverage to 16

which the notice provision under such sec-17

tions does not apply, the Secretary of 18

Labor, in consultation with the Secretary of 19

the Treasury and the Secretary of Health 20

and Human Services, shall, in consultation 21

with administrators of the group health 22

plans (or other entities) that provide or ad-23

minister the COBRA continuation coverage 24

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† HR 1319 EAS

involved, provide rules requiring the provi-1

sion of such notice. 2

(iii) FORM.—The requirement of the 3

additional notification under this subpara-4

graph may be met by amendment of exist-5

ing notice forms or by inclusion of a sepa-6

rate document with the notice otherwise re-7

quired. 8

(B) SPECIFIC REQUIREMENTS.—Each addi-9

tional notification under subparagraph (A) shall 10

include— 11

(i) the forms necessary for establishing 12

eligibility for premium assistance under 13

this subsection; 14

(ii) the name, address, and telephone 15

number necessary to contact the plan ad-16

ministrator and any other person main-17

taining relevant information in connection 18

with such premium assistance; 19

(iii) a description of the extended elec-20

tion period provided for in paragraph 21

(4)(A); 22

(iv) a description of the obligation of 23

the qualified beneficiary under paragraph 24

(2)(B) and the penalty provided under sec-25

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tion 6720C of the Internal Revenue Code of 1

1986 for failure to carry out the obligation; 2

(v) a description, displayed in a 3

prominent manner, of the qualified bene-4

ficiary’s right to a subsidized premium and 5

any conditions on entitlement to the sub-6

sidized premium; and 7

(vi) a description of the option of the 8

qualified beneficiary to enroll in different 9

coverage if the employer permits such bene-10

ficiary to elect to enroll in such different 11

coverage under paragraph (1)(B). 12

(C) NOTICE IN CONNECTION WITH EX-13

TENDED ELECTION PERIODS.—In the case of any 14

assistance eligible individual described in para-15

graph (3) (or any individual described in para-16

graph (4)(A)) who became entitled to elect 17

COBRA continuation coverage before the first 18

day of the first month beginning after the date 19

of the enactment of this Act, the administrator of 20

the applicable group health plan (or other entity) 21

shall provide (within 60 days after such first 22

day of such first month) for the additional noti-23

fication required to be provided under subpara-24

graph (A) and failure to provide such notice 25

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† HR 1319 EAS

shall be treated as a failure to meet the notice re-1

quirements under the applicable COBRA con-2

tinuation provision. 3

(D) MODEL NOTICES.—Not later than 30 4

days after the date of enactment of this Act, with 5

respect to any assistance eligible individual de-6

scribed in paragraph (3), the Secretary of Labor, 7

in consultation with the Secretary of the Treas-8

ury and the Secretary of Health and Human 9

Services, shall prescribe models for the additional 10

notification required under this paragraph. 11

(6) NOTICE OF EXPIRATION OF PERIOD OF PRE-12

MIUM ASSISTANCE.— 13

(A) IN GENERAL.—With respect to any as-14

sistance eligible individual, subject to subpara-15

graph (B), the requirements of section 606(a)(4) 16

of the Employee Retirement Income Security Act 17

of 1974 (29 U.S.C. 1166(4)), section 18

4980B(f)(6)(D) of the Internal Revenue Code of 19

1986, or section 2206(4) of the Public Health 20

Service Act (42 U.S.C. 300bb–6(4)), shall not be 21

treated as met unless the plan administrator of 22

the individual, during the period specified under 23

subparagraph (C), provides to such individual a 24

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written notice in clear and understandable lan-1

guage— 2

(i) that the premium assistance for 3

such individual will expire soon and the 4

prominent identification of the date of such 5

expiration; and 6

(ii) that such individual may be eligi-7

ble for coverage without any premium as-8

sistance through— 9

(I) COBRA continuation cov-10

erage; or 11

(II) coverage under a group health 12

plan. 13

(B) EXCEPTION.—The requirement for the 14

group health plan administrator to provide the 15

written notice under subparagraph (A) shall be 16

waived if the premium assistance for such indi-17

vidual expires pursuant to clause (i) of para-18

graph (2)(A). 19

(C) PERIOD SPECIFIED.—For purposes of 20

subparagraph (A), the period specified in this 21

subparagraph is, with respect to the date of expi-22

ration of premium assistance for any assistance 23

eligible individual pursuant to a limitation re-24

quiring a notice under this paragraph, the pe-25

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† HR 1319 EAS

riod beginning on the day that is 45 days before 1

the date of such expiration and ending on the 2

day that is 15 days before the date of such expi-3

ration. 4

(D) MODEL NOTICES.—Not later than 45 5

days after the date of enactment of this Act, with 6

respect to any assistance eligible individual, the 7

Secretary of Labor, in consultation with the Sec-8

retary of the Treasury and the Secretary of 9

Health and Human Services, shall prescribe 10

models for the notification required under this 11

paragraph. 12

(7) REGULATIONS.—The Secretary of the Treas-13

ury and the Secretary of Labor may jointly prescribe 14

such regulations or other guidance as may be nec-15

essary or appropriate to carry out the provisions of 16

this subsection, including the prevention of fraud and 17

abuse under this subsection, except that the Secretary 18

of Labor and the Secretary of Health and Human 19

Services may prescribe such regulations (including 20

interim final regulations) or other guidance as may 21

be necessary or appropriate to carry out the provi-22

sions of paragraphs (5), (6), and (8). 23

(8) OUTREACH.— 24

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(A) IN GENERAL.—The Secretary of Labor, 1

in consultation with the Secretary of the Treas-2

ury and the Secretary of Health and Human 3

Services, shall provide outreach consisting of 4

public education and enrollment assistance relat-5

ing to premium assistance provided under this 6

subsection. Such outreach shall target employers, 7

group health plan administrators, public assist-8

ance programs, States, insurers, and other enti-9

ties as determined appropriate by such Secre-10

taries. Such outreach shall include an initial 11

focus on those individuals electing continuation 12

coverage who are referred to in paragraph 13

(5)(C). Information on such premium assistance, 14

including enrollment, shall also be made avail-15

able on websites of the Departments of Labor, 16

Treasury, and Health and Human Services. 17

(B) ENROLLMENT UNDER MEDICARE.—The 18

Secretary of Health and Human Services shall 19

provide outreach consisting of public education. 20

Such outreach shall target individuals who lose 21

health insurance coverage. Such outreach shall 22

include information regarding enrollment for 23

Medicare benefits for purposes of preventing mis-24

taken delays of such enrollment by such individ-25

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† HR 1319 EAS

uals, including lifetime penalties for failure of 1

timely enrollment. 2

(9) DEFINITIONS.—For purposes of this section: 3

(A) ADMINISTRATOR.—The term ‘‘adminis-4

trator’’ has the meaning given such term in sec-5

tion 3(16)(A) of the Employee Retirement In-6

come Security Act of 1974, and includes a 7

COBRA administrator. 8

(B) COBRA CONTINUATION COVERAGE.—The 9

term ‘‘COBRA continuation coverage’’ means 10

continuation coverage provided pursuant to part 11

6 of subtitle B of title I of the Employee Retire-12

ment Income Security Act of 1974 (other than 13

under section 609), title XXII of the Public 14

Health Service Act, or section 4980B of the In-15

ternal Revenue Code of 1986 (other than sub-16

section (f)(1) of such section insofar as it relates 17

to pediatric vaccines), or under a State program 18

that provides comparable continuation coverage. 19

Such term does not include coverage under a 20

health flexible spending arrangement under a 21

cafeteria plan within the meaning of section 125 22

of the Internal Revenue Code of 1986. 23

(C) COBRA CONTINUATION PROVISION.—The 24

term ‘‘COBRA continuation provision’’ means 25

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† HR 1319 EAS

the provisions of law described in subparagraph 1

(B). 2

(D) COVERED EMPLOYEE.—The term ‘‘cov-3

ered employee’’ has the meaning given such term 4

in section 607(2) of the Employee Retirement In-5

come Security Act of 1974. 6

(E) QUALIFIED BENEFICIARY.—The term 7

‘‘qualified beneficiary’’ has the meaning given 8

such term in section 607(3) of the Employee Re-9

tirement Income Security Act of 1974. 10

(F) GROUP HEALTH PLAN.—The term 11

‘‘group health plan’’ has the meaning given such 12

term in section 607(1) of the Employee Retire-13

ment Income Security Act of 1974. 14

(G) STATE.—The term ‘‘State’’ includes the 15

District of Columbia, the Commonwealth of 16

Puerto Rico, the Virgin Islands, Guam, Amer-17

ican Samoa, and the Commonwealth of the 18

Northern Mariana Islands. 19

(H) PERIOD OF COVERAGE.—Any reference 20

in this subsection to a period of coverage shall be 21

treated as a reference to a monthly or shorter pe-22

riod of coverage with respect to which premiums 23

are charged with respect to such coverage. 24

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(I) PLAN SPONSOR.—The term ‘‘plan spon-1

sor’’ has the meaning given such term in section 2

3(16)(B) of the Employee Retirement Income Se-3

curity Act of 1974. 4

(J) PREMIUM.—The term ‘‘premium’’ in-5

cludes, with respect to COBRA continuation cov-6

erage, any administrative fee. 7

(10) IMPLEMENTATION FUNDING.—In addition 8

to amounts otherwise made available, out of any 9

funds in the Treasury not otherwise appropriated, 10

there are appropriated to the Secretary of Labor for 11

fiscal year 2021, $10,000,000, to remain available 12

until expended, for the Employee Benefits Security 13

Administration to carry out the provisions of this 14

subtitle. 15

(b) COBRA PREMIUM ASSISTANCE.— 16

(1) ALLOWANCE OF CREDIT.— 17

(A) IN GENERAL.—Subchapter B of chapter 18

65 of the Internal Revenue Code of 1986 is 19

amended by adding at the end the following new 20

section: 21

‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM ASSIST-22

ANCE. 23

‘‘(a) IN GENERAL.—The person to whom premiums 24

are payable for continuation coverage under section 25

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† HR 1319 EAS

9501(a)(1) of the American Rescue Plan Act of 2021 shall 1

be allowed as a credit against the tax imposed by section 2

3111(b), or so much of the taxes imposed under section 3

3221(a) as are attributable to the rate in effect under sec-4

tion 3111(b), for each calendar quarter an amount equal 5

to the premiums not paid by assistance eligible individuals 6

for such coverage by reason of such section 9501(a)(1) with 7

respect to such calendar quarter. 8

‘‘(b) PERSON TO WHOM PREMIUMS ARE PAYABLE.— 9

For purposes of subsection (a), except as otherwise provided 10

by the Secretary, the person to whom premiums are payable 11

under such continuation coverage shall be treated as 12

being— 13

‘‘(1) in the case of any group health plan which 14

is a multiemployer plan (as defined in section 3(37) 15

of the Employee Retirement Income Security Act of 16

1974), the plan, 17

‘‘(2) in the case of any group health plan not de-18

scribed in paragraph (1)— 19

‘‘(A) which is subject to the COBRA con-20

tinuation provisions contained in— 21

‘‘(i) the Internal Revenue Code of 22

1986, 23

‘‘(ii) the Employee Retirement Income 24

Security Act of 1974, or 25

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† HR 1319 EAS

‘‘(iii) the Public Health Service Act, or 1

‘‘(B) under which some or all of the cov-2

erage is not provided by insurance, 3

the employer maintaining the plan, and 4

‘‘(3) in the case of any group health plan not de-5

scribed in paragraph (1) or (2), the insurer providing 6

the coverage under the group health plan. 7

‘‘(c) LIMITATIONS AND REFUNDABILITY.— 8

‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT 9

TAXES.—The credit allowed by subsection (a) with re-10

spect to any calendar quarter shall not exceed the tax 11

imposed by section 3111(b), or so much of the taxes 12

imposed under section 3221(a) as are attributable to 13

the rate in effect under section 3111(b), for such cal-14

endar quarter (reduced by any credits allowed against 15

such taxes under sections 3131, 3132, and 3134) on 16

the wages paid with respect to the employment of all 17

employees of the employer. 18

‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— 19

‘‘(A) CREDIT IS REFUNDABLE.—If the 20

amount of the credit under subsection (a) exceeds 21

the limitation of paragraph (1) for any calendar 22

quarter, such excess shall be treated as an over-23

payment that shall be refunded under sections 24

6402(a) and 6413(b). 25

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‘‘(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 instructions 4

provided by the Secretary, up to an amount cal-5

culated under subsection (a) through the end of 6

the most recent payroll period in the quarter. 7

‘‘(C) TREATMENT OF DEPOSITS.—The Sec-8

retary shall waive any penalty under section 9

6656 for any failure to make a deposit of the tax 10

imposed by section 3111(b), or so much of the 11

taxes imposed under section 3221(a) as are at-12

tributable to the rate in effect under section 13

3111(b), if the Secretary determines that such 14

failure was due to the anticipation of the credit 15

allowed under this section. 16

‘‘(D) TREATMENT OF PAYMENTS.—For pur-17

poses of section 1324 of title 31, United States 18

Code, any amounts due to an employer under 19

this paragraph shall be treated in the same man-20

ner as a refund due from a credit provision re-21

ferred to in subsection (b)(2) of such section. 22

‘‘(3) OVERSTATEMENTS.—Any overstatement of 23

the credit to which a person is entitled under this sec-24

tion (and any amount paid by the Secretary as a re-25

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† HR 1319 EAS

sult of such overstatement) shall be treated as an un-1

derpayment by such person of the taxes described in 2

paragraph (1) and may be assessed and collected by 3

the Secretary in the same manner as such taxes. 4

‘‘(d) GOVERNMENTAL ENTITIES.—For purposes of this 5

section, the term ‘person’ includes the government of any 6

State or political subdivision thereof, any Indian tribal 7

government (as defined in section 139E(c)(1)), any agency 8

or instrumentality of any of the foregoing, and any agency 9

or instrumentality of the Government of the United States 10

that is described in section 501(c)(1) and exempt from tax-11

ation under section 501(a). 12

‘‘(e) DENIAL OF DOUBLE BENEFIT.—For purposes of 13

chapter 1, the gross income of any person allowed a credit 14

under this section shall be increased for the taxable year 15

which includes the last day of any calendar quarter with 16

respect to which such credit is allowed by the amount of 17

such credit. No credit shall be allowed under this section 18

with respect to any amount which is taken into account 19

as qualified wages under section 2301 of the CARES Act 20

or section 3134 of this title or as qualified health plan ex-21

penses under section 7001(d) or 7003(d) of the Families 22

First Coronavirus Response Act or section 3131 or 3132 23

of this title. 24

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‘‘(f) EXTENSION OF LIMITATION ON ASSESSMENT.— 1

Notwithstanding section 6501, the limitation on the time 2

period for the assessment of any amount attributable to a 3

credit claimed under this section shall not expire before the 4

date that is 5 years after the later of— 5

‘‘(1) the date on which the original return which 6

includes the calendar quarter with respect to which 7

such credit is determined is filed, or 8

‘‘(2) the date on which such return is treated as 9

filed under section 6501(b)(2). 10

‘‘(g) REGULATIONS.—The Secretary shall issue such 11

regulations, or other guidance, forms, instructions, and 12

publications, as may be necessary or appropriate to carry 13

out this section, including— 14

‘‘(1) the requirement to report information or the 15

establishment of other methods for verifying the cor-16

rect amounts of reimbursements under this section, 17

‘‘(2) the application of this section to group 18

health plans that are multiemployer plans (as defined 19

in section 3(37) of the Employee Retirement Income 20

Security Act of 1974), 21

‘‘(3) to allow the advance payment of the credit 22

determined under subsection (a), subject to the limita-23

tions provided in this section, based on such informa-24

tion as the Secretary shall require, 25

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† HR 1319 EAS

‘‘(4) to provide for the reconciliation of such ad-1

vance payment with the amount of the credit at the 2

time of filing the return of tax for the applicable 3

quarter or taxable year, and 4

‘‘(5) allowing the credit to third party payors 5

(including professional employer organizations, cer-6

tified professional employer organizations, or agents 7

under section 3504).’’. 8

(B) CLERICAL AMENDMENT.—The table of 9

sections for subchapter B of chapter 65 of the In-10

ternal Revenue Code of 1986 is amended by add-11

ing at the end the following new item: 12

‘‘Sec. 6432. Continuation coverage premium assistance.’’.

(C) EFFECTIVE DATE.—The amendments 13

made by this paragraph shall apply to pre-14

miums to which subsection (a)(1)(A) applies and 15

wages paid on or after April 1, 2021. 16

(D) SPECIAL RULE IN CASE OF EMPLOYEE 17

PAYMENT THAT IS NOT REQUIRED UNDER THIS 18

SECTION.— 19

(i) IN GENERAL.—In the case of an as-20

sistance eligible individual who pays, with 21

respect any period of coverage to which sub-22

section (a)(1)(A) applies, any amount of the 23

premium for such coverage that the indi-24

vidual would have (but for this Act) been 25

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† HR 1319 EAS

required to pay, the person to whom such 1

payment is payable shall reimburse such in-2

dividual for the amount of such premium 3

paid. 4

(ii) CREDIT OF REIMBURSEMENT.—A 5

person to which clause (i) applies shall be 6

allowed a credit in the manner provided 7

under section 6432 of the Internal Revenue 8

Code of 1986 for any payment made to the 9

employee under such clause. 10

(iii) PAYMENT OF CREDITS.—Any per-11

son to which clause (i) applies shall make 12

the payment required under such clause to 13

the individual not later than 60 days after 14

the date on which such individual made the 15

premium payment. 16

(2) PENALTY FOR FAILURE TO NOTIFY HEALTH 17

PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM 18

ASSISTANCE.— 19

(A) IN GENERAL.—Part I of subchapter B 20

of chapter 68 of the Internal Revenue Code of 21

1986 is amended by adding at the end the fol-22

lowing new section: 23

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† HR 1319 EAS

‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY HEALTH 1

PLAN OF CESSATION OF ELIGIBILITY FOR 2

CONTINUATION COVERAGE PREMIUM ASSIST-3

ANCE. 4

‘‘(a) IN GENERAL.—Except in the case of a failure de-5

scribed in subsection (b) or (c), any person required to no-6

tify a group health plan under section 9501(a)(2)(B) of the 7

American Rescue Plan Act of 2021 who fails to make such 8

a notification at such time and in such manner as the Sec-9

retary of Labor may require shall pay a penalty of $250 10

for each such failure. 11

‘‘(b) INTENTIONAL FAILURE.—In the case of any such 12

failure that is fraudulent, such person shall pay a penalty 13

equal to the greater of— 14

‘‘(1) $250, or 15

‘‘(2) 110 percent of the premium assistance pro-16

vided under section 9501(a)(1)(A) of the American 17

Rescue Plan Act of 2021 after termination of eligi-18

bility under such section. 19

‘‘(c) REASONABLE CAUSE EXCEPTION.—No penalty 20

shall be imposed under this section with respect to any fail-21

ure if it is shown that such failure is due to reasonable 22

cause and not to willful neglect.’’. 23


sections of part I of subchapter B of chapter 68 25

340

† HR 1319 EAS

of such Code is amended by adding at the end 1

the following new item: 2

‘‘Sec. 6720C. Penalty for failure to notify health plan of cessation of eligibility

for continuation coverage premium assistance.’’.

(3) COORDINATION WITH HCTC.— 3

(A) IN GENERAL.—Section 35(g)(9) of the 4

Internal Revenue Code of 1986 is amended to 5

read as follows: 6

‘‘(9) CONTINUATION COVERAGE PREMIUM ASSIST-7

ANCE.—In the case of an assistance eligible indi-8

vidual who receives premium assistance for continu-9

ation coverage under section 9501(a)(1) of the Amer-10

ican Rescue Plan Act of 2021 for any month during 11

the taxable year, such individual shall not be treated 12

as an eligible individual, a certified individual, or a 13

qualifying family member for purposes of this section 14

or section 7527 with respect to such month.’’. 15

(B) EFFECTIVE DATE.—The amendment 16

made by subparagraph (A) shall apply to tax-17

able years ending after the date of the enactment 18

of this Act. 19

(4) EXCLUSION OF CONTINUATION COVERAGE 20

PREMIUM ASSISTANCE FROM GROSS INCOME.— 21

(A) IN GENERAL.—Part III of subchapter B 22

of chapter 1 of the Internal Revenue Code of 23

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† HR 1319 EAS

1986 is amended by inserting after section 139H 1

the following new section: 2

‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM ASSIST-3

ANCE. 4

‘‘In the case of an assistance eligible individual (as 5

defined in subsection (a)(3) of section 9501 of the American 6

Rescue Plan Act of 2021), gross income does not include 7

any premium assistance provided under subsection (a)(1) 8

of such section.’’. 9


sections for part III of subchapter B of chapter 11

1 of such Code is amended by inserting after the 12

item relating to section 139H the following new 13

item: 14

‘‘Sec. 139I. Continuation coverage premium assistance.’’.

(C) EFFECTIVE DATE.—The amendments 15

made by this paragraph shall apply to taxable 16

years ending after the date of the enactment of 17

this Act. 18

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† HR 1319 EAS

Subtitle G—Promoting Economic 1

Security 2

PART 1—2021 RECOVERY REBATES TO 3

INDIVIDUALS 4

SEC. 9601. 2021 RECOVERY REBATES TO INDIVIDUALS. 5

(a) IN GENERAL.—Subchapter B of chapter 65 of the 6

Internal Revenue Code of 1986 is amended by inserting 7

after section 6428A the following new section: 8

‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDIVIDUALS. 9

‘‘(a) IN GENERAL.—In the case of an eligible indi-10

vidual, there shall be allowed as a credit against the tax 11

imposed by subtitle A for the first taxable year beginning 12

in 2021 an amount equal to the 2021 rebate amount deter-13

mined for such taxable year. 14

‘‘(b) 2021 REBATE AMOUNT.—For purposes of this sec-15

tion, the term ‘2021 rebate amount’ means, with respect to 16

any taxpayer for any taxable year, the sum of— 17

‘‘(1) $1,400 ($2,800 in the case of a joint re-18

turn), plus 19

‘‘(2) $1,400 multiplied by the number of depend-20

ents of the taxpayer for such taxable year. 21

‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this sec-22

tion, the term ‘eligible individual’ means any individual 23

other than— 24

‘‘(1) any nonresident alien individual, 25

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† HR 1319 EAS

‘‘(2) any individual who is a dependent of an-1

other taxpayer for a taxable year beginning in the 2

calendar year in which the individual’s taxable year 3

begins, and 4

‘‘(3) an estate or trust. 5

‘‘(d) LIMITATION BASED ON ADJUSTED GROSS IN-6

COME.— 7

‘‘(1) IN GENERAL.—The amount of the credit al-8

lowed by subsection (a) (determined without regard to 9

this subsection and subsection (f)) shall be reduced 10

(but not below zero) by the amount which bears the 11

same ratio to such credit (as so determined) as— 12

‘‘(A) the excess of— 13

‘‘(i) the taxpayer’s adjusted gross in-14

come for such taxable year, over 15

‘‘(ii) $75,000, bears to 16

‘‘(B) $5,000. 17

‘‘(2) SPECIAL RULES.— 18

‘‘(A) JOINT RETURN OR SURVIVING 19

SPOUSE.—In the case of a joint return or a sur-20

viving spouse (as defined in section 2(a)), para-21

graph (1) shall be applied by substituting 22

‘$150,000’ for ‘$75,000’ and ‘$10,000’ for 23

‘$5,000’. 24

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† HR 1319 EAS

‘‘(B) HEAD OF HOUSEHOLD.—In the case of 1

a head of household (as defined in section 2(b)), 2

paragraph (1) shall be applied by substituting 3

‘$112,500’ for ‘$75,000’ and ‘$7,500’ for ‘$5,000’. 4

‘‘(e) DEFINITIONS AND SPECIAL RULES.— 5

‘‘(1) DEPENDENT DEFINED.—For purposes of 6

this section, the term ‘dependent’ has the meaning 7

given such term by section 152. 8

‘‘(2) IDENTIFICATION NUMBER REQUIREMENT.— 9

‘‘(A) IN GENERAL.—In the case of a return 10

other than a joint return, the $1,400 amount in 11

subsection (b)(1) shall be treated as being zero 12

unless the taxpayer includes the valid identifica-13

tion number of the taxpayer on the return of tax 14

for the taxable year. 15

‘‘(B) JOINT RETURNS.—In the case of a 16

joint return, the $2,800 amount in subsection 17

(b)(1) shall be treated as being— 18

‘‘(i) $1,400 if the valid identification 19

number of only 1 spouse is included on the 20

return of tax for the taxable year, and 21

‘‘(ii) zero if the valid identification 22

number of neither spouse is so included. 23

‘‘(C) DEPENDENTS.—A dependent shall not 24

be taken into account under subsection (b)(2) un-25

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† HR 1319 EAS

less the valid identification number of such de-1

pendent is included on the return of tax for the 2

taxable year. 3

‘‘(D) VALID IDENTIFICATION NUMBER.— 4

‘‘(i) IN GENERAL.—For purposes of 5

this paragraph, the term ‘valid identifica-6

tion number’ means a social security num-7

ber issued to an individual by the Social 8

Security Administration on or before the 9

due date for filing the return for the taxable 10

year. 11

‘‘(ii) ADOPTION TAXPAYER IDENTIFICA-12

TION NUMBER.—For purposes of subpara-13

graph (C), in the case of a dependent who 14

is adopted or placed for adoption, the term 15

‘valid identification number’ shall include 16

the adoption taxpayer identification num-17

ber of such dependent. 18

‘‘(E) SPECIAL RULE FOR MEMBERS OF THE 19

ARMED FORCES.—Subparagraph (B) shall not 20

apply in the case where at least 1 spouse was a 21

member of the Armed Forces of the United States 22

at any time during the taxable year and the 23

valid identification number of at least 1 spouse 24

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† HR 1319 EAS

is included on the return of tax for the taxable 1

year. 2

‘‘(F) COORDINATION WITH CERTAIN AD-3

VANCE PAYMENTS.—In the case of any payment 4

determined pursuant to subsection (g)(6), a valid 5

identification number shall be treated for pur-6

poses of this paragraph as included on the tax-7

payer’s return of tax if such valid identification 8

number is available to the Secretary as described 9

in such subsection. 10

‘‘(G) MATHEMATICAL OR CLERICAL ERROR 11

AUTHORITY.—Any omission of a correct valid 12

identification number required under this para-13

graph shall be treated as a mathematical or cler-14

ical error for purposes of applying section 15

6213(g)(2) to such omission. 16

‘‘(3) CREDIT TREATED AS REFUNDABLE.—The 17

credit allowed by subsection (a) shall be treated as al-18

lowed by subpart C of part IV of subchapter A of 19

chapter 1. 20

‘‘(f) COORDINATION WITH ADVANCE REFUNDS OF 21

CREDIT.— 22

‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The 23

amount of the credit which would (but for this para-24

graph) be allowable under subsection (a) shall be re-25

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† HR 1319 EAS

duced (but not below zero) by the aggregate refunds 1

and credits made or allowed to the taxpayer (or, ex-2

cept as otherwise provided by the Secretary, any de-3

pendent of the taxpayer) under subsection (g). Any 4

failure to so reduce the credit shall be treated as aris-5

ing out of a mathematical or clerical error and as-6

sessed according to section 6213(b)(1). 7

‘‘(2) JOINT RETURNS.—Except as otherwise pro-8

vided by the Secretary, in the case of a refund or 9

credit made or allowed under subsection (g) with re-10

spect to a joint return, half of such refund or credit 11

shall be treated as having been made or allowed to 12

each individual filing such return. 13

‘‘(g) ADVANCE REFUNDS AND CREDITS.— 14

‘‘(1) IN GENERAL.—Subject to paragraphs (5) 15

and (6), each individual who was an eligible indi-16

vidual for such individual’s first taxable year begin-17

ning in 2019 shall be treated as having made a pay-18

ment against the tax imposed by chapter 1 for such 19

taxable year in an amount equal to the advance re-20

fund amount for such taxable year. 21

‘‘(2) ADVANCE REFUND AMOUNT.— 22

‘‘(A) IN GENERAL.—For purposes of para-23

graph (1), the advance refund amount is the 24

amount that would have been allowed as a credit 25

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under this section for such taxable year if this 1

section (other than subsection (f) and this sub-2

section) had applied to such taxable year. 3

‘‘(B) TREATMENT OF DECEASED INDIVID-4

UALS.—For purposes of determining the advance 5

refund amount with respect to such taxable 6

year— 7

‘‘(i) any individual who was deceased 8

before January 1, 2021, shall be treated for 9

purposes of applying subsection (e)(2) in 10

the same manner as if the valid identifica-11

tion number of such person was not in-12

cluded on the return of tax for such taxable 13

year (except that subparagraph (E) thereof 14

shall not apply), 15

‘‘(ii) notwithstanding clause (i), in the 16

case of a joint return with respect to which 17

only 1 spouse is deceased before January 1, 18

2021, such deceased spouse was a member of 19

the Armed Forces of the United States at 20

any time during the taxable year, and the 21

valid identification number of such deceased 22

spouse is included on the return of tax for 23

the taxable year, the valid identification 24

number of 1 (and only 1) spouse shall be 25

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† HR 1319 EAS

treated as included on the return of tax for 1

the taxable year for purposes of applying 2

subsection (e)(2)(B) with respect to such 3

joint return, and 4

‘‘(iii) no amount shall be determined 5

under subsection (e)(2) with respect to any 6

dependent of the taxpayer if the taxpayer 7

(both spouses in the case of a joint return) 8

was deceased before January 1, 2021. 9

‘‘(3) TIMING AND MANNER OF PAYMENTS.—The 10

Secretary shall, subject to the provisions of this title 11

and consistent with rules similar to the rules of sub-12

paragraphs (B) and (C) of section 6428A(f)(3), re-13

fund or credit any overpayment attributable to this 14

subsection as rapidly as possible, consistent with a 15

rapid effort to make payments attributable to such 16

overpayments electronically if appropriate. No refund 17

or credit shall be made or allowed under this sub-18

section after December 31, 2021. 19

‘‘(4) NO INTEREST.—No interest shall be allowed 20

on any overpayment attributable to this subsection. 21

‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE 22

FILED A RETURN OF TAX FOR 2020.— 23

‘‘(A) APPLICATION TO 2020 RETURNS FILED 24

AT TIME OF INITIAL DETERMINATION.—If, at the 25

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time of any determination made pursuant to 1

paragraph (3), the individual referred to in 2

paragraph (1) has filed a return of tax for the 3

individual’s first taxable year beginning in 4

2020, paragraph (1) shall be applied with re-5

spect to such individual by substituting ‘2020’ 6

for ‘2019’. 7

‘‘(B) ADDITIONAL PAYMENT.— 8

‘‘(i) IN GENERAL.—In the case of any 9

individual who files, before the additional 10

payment determination date, a return of 11

tax for such individual’s first taxable year 12

beginning in 2020, the Secretary shall make 13

a payment (in addition to any payment 14

made under paragraph (1)) to such indi-15

vidual equal to the excess (if any) of— 16

‘‘(I) the amount which would be 17

determined under paragraph (1) (after 18

the application of subparagraph (A)) 19

by applying paragraph (1) as of the 20

additional payment determination 21

date, over 22

‘‘(II) the amount of any payment 23

made with respect to such individual 24

under paragraph (1). 25

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‘‘(ii) ADDITIONAL PAYMENT DETER-1

MINATION DATE.—The term ‘additional 2

payment determination date’ means the 3

earlier of— 4

‘‘(I) the date which is 90 days 5

after the 2020 calendar year filing 6

deadline, or 7

‘‘(II) September 1, 2021. 8

‘‘(iii) 2020 CALENDAR YEAR FILING 9

DEADLINE.—The term ‘2020 calendar year 10

filing deadline’ means the date specified in 11

section 6072(a) with respect to returns for 12

calendar year 2020. Such date shall be de-13

termined after taking into account any pe-14

riod disregarded under section 7508A if 15

such disregard applies to substantially all 16

returns for calendar year 2020 to which sec-17

tion 6072(a) applies. 18

‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS 19

WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 OR 20

2020 AT TIME OF DETERMINATION.—In the case of any 21

individual who, at the time of any determination 22

made pursuant to paragraph (3), has filed a tax re-23

turn for neither the year described in paragraph (1) 24

nor for the year described in paragraph (5)(A), the 25

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Secretary shall, consistent with rules similar to the 1

rules of section 6428A(f)(5)(H)(i), apply paragraph 2

(1) on the basis of information available to the Sec-3

retary and shall, on the basis of such information, de-4

termine the advance refund amount with respect to 5

such individual without regard to subsection (d) un-6

less the Secretary has reason to know that such 7

amount would otherwise be reduced by reason of such 8

subsection. 9

‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL-10

ING RETURN.—Solely for purposes of this subsection, 11

a return of tax shall not be treated as filed until such 12

return has been processed by the Internal Revenue 13

Service. 14

‘‘(8) RESTRICTION ON USE OF CERTAIN PRE-15

VIOUSLY ISSUED PREPAID DEBIT CARDS.—Payments 16

made by the Secretary to individuals under this sec-17

tion shall not be in the form of an increase in the bal-18

ance of any previously issued prepaid debit card if, 19

as of the time of the issuance of such card, such card 20

was issued solely for purposes of making payments 21

under section 6428 or 6428A. 22

‘‘(h) REGULATIONS.—The Secretary shall prescribe 23

such regulations or other guidance as may be necessary or 24

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† HR 1319 EAS

appropriate to carry out the purposes of this section, in-1

cluding— 2

‘‘(1) regulations or other guidance providing tax-3

payers the opportunity to provide the Secretary infor-4

mation sufficient to allow the Secretary to make pay-5

ments to such taxpayers under subsection (g) (includ-6

ing the determination of the amount of such pay-7

ment) if such information is not otherwise available 8

to the Secretary, and 9

‘‘(2) regulations or other guidance to ensure to 10

the maximum extent administratively practicable 11

that, in determining the amount of any credit under 12

subsection (a) and any credit or refund under sub-13

section (g), an individual is not taken into account 14

more than once, including by different taxpayers and 15

including by reason of a change in joint return status 16

or dependent status between the taxable year for 17

which an advance refund amount is determined and 18

the taxable year for which a credit under subsection 19

(a) is determined. 20

‘‘(i) OUTREACH.—The Secretary shall carry out a ro-21

bust and comprehensive outreach program to ensure that 22

all taxpayers described in subsection (h)(1) learn of their 23

eligibility for the advance refunds and credits under sub-24

section (g); are advised of the opportunity to receive such 25

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† HR 1319 EAS

advance refunds and credits as provided under subsection 1

(h)(1); and are provided assistance in applying for such 2

advance refunds and credits.’’. 3

(b) TREATMENT OF CERTAIN POSSESSIONS.— 4

(1) PAYMENTS TO POSSESSIONS WITH MIRROR 5

CODE TAX SYSTEMS.—The Secretary of the Treasury 6

shall pay to each possession of the United States 7

which has a mirror code tax system amounts equal to 8

the loss (if any) to that possession by reason of the 9

amendments made by this section. Such amounts 10

shall be determined by the Secretary of the Treasury 11

based on information provided by the government of 12

the respective possession. 13

(2) PAYMENTS TO OTHER POSSESSIONS.—The 14

Secretary of the Treasury shall pay to each possession 15

of the United States which does not have a mirror 16

code tax system amounts estimated by the Secretary 17

of the Treasury as being equal to the aggregate bene-18

fits (if any) that would have been provided to resi-19

dents of such possession by reason of the amendments 20

made by this section if a mirror code tax system had 21

been in effect in such possession. The preceding sen-22

tence shall not apply unless the respective possession 23

has a plan, which has been approved by the Secretary 24

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† HR 1319 EAS

of the Treasury, under which such possession will 1

promptly distribute such payments to its residents. 2

(3) INCLUSION OF ADMINISTRATIVE EXPENSES.— 3

The Secretary of the Treasury shall pay to each pos-4

session of the United States to which the Secretary 5

makes a payment under paragraph (1) or (2) an 6

amount equal to the lesser of— 7

(A) the increase (if any) of the administra-8

tive expenses of such possession— 9

(i) in the case of a possession described 10

in paragraph (1), by reason of the amend-11

ments made by this section, and 12

(ii) in the case of a possession de-13

scribed in paragraph (2), by reason of car-14

rying out the plan described in such para-15

graph, or 16

(B) $500,000 ($10,000,000 in the case of 17

Puerto Rico). 18

The amount described in subparagraph (A) shall be 19

determined by the Secretary of the Treasury based on 20

information provided by the government of the respec-21

tive possession. 22

(4) COORDINATION WITH CREDIT ALLOWED 23

AGAINST UNITED STATES INCOME TAXES.—No credit 24

shall be allowed against United States income taxes 25

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† HR 1319 EAS

under section 6428B of the Internal Revenue Code of 1

1986 (as added by this section), nor shall any credit 2

or refund be made or allowed under subsection (g) of 3

such section, to any person— 4

(A) to whom a credit is allowed against 5

taxes imposed by the possession by reason of the 6

amendments made by this section, or 7

(B) who is eligible for a payment under a 8

plan described in paragraph (2). 9

(5) MIRROR CODE TAX SYSTEM.—For purposes 10

of this subsection, the term ‘‘mirror code tax system’’ 11

means, with respect to any possession of the United 12

States, the income tax system of such possession if the 13

income tax liability of the residents of such possession 14

under such system is determined by reference to the 15

income tax laws of the United States as if such pos-16

session were the United States. 17

(6) TREATMENT OF PAYMENTS.—For purposes of 18

section 1324 of title 31, United States Code, the pay-19

ments under this subsection shall be treated in the 20

same manner as a refund due from a credit provision 21

referred to in subsection (b)(2) of such section. 22

(c) ADMINISTRATIVE PROVISIONS.— 23

(1) DEFINITION OF DEFICIENCY.—Section 24

6211(b)(4)(A) of the Internal Revenue Code of 1986 25

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† HR 1319 EAS

is amended by striking ‘‘6428, and 6428A’’ and in-1

serting ‘‘6428, 6428A, and 6428B’’. 2

(2) EXCEPTION FROM REDUCTION OR OFFSET.— 3

Any refund payable by reason of section 6428B(g) of 4

the Internal Revenue Code of 1986 (as added by this 5

section), or any such refund payable by reason of sub-6

section (b) of this section, shall not be— 7

(A) subject to reduction or offset pursuant 8

to subsection (c), (d), (e), or (f) of section 6402 9

of the Internal Revenue Code of 1986 or any 10

similar authority permitting offset, or 11

(B) reduced or offset by other assessed Fed-12

eral taxes that would otherwise be subject to levy 13

or collection. 14

(3) CONFORMING AMENDMENTS.— 15

(A) Paragraph (2) of section 1324(b) of title 16

31, United States Code, is amended by inserting 17

‘‘6428B,’’ after ‘‘6428A,’’. 18

(B) The table of sections for subchapter B of 19

chapter 65 of the Internal Revenue Code of 1986 20

is amended by inserting after the item relating 21

to section 6428A the following new item: 22

‘‘Sec. 6428B. 2021 recovery rebates to individuals.’’.

(d) APPROPRIATIONS.—Immediately upon the enact-23

ment of this Act, in addition to amounts otherwise avail-24

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† HR 1319 EAS

able, there are appropriated for fiscal year 2021, out of any 1

money in the Treasury not otherwise appropriated: 2

(1) $1,464,500,000 to remain available until 3

September 30, 2023 for necessary expenses for the In-4

ternal Revenue Service for the administration of the 5

advance payments, the provision of taxpayer assist-6

ance, and the furtherance of integrated, modernized, 7

and secure Internal Revenue Service systems, of which 8

up to $20,000,000 is available for premium pay for 9

services related to the development of information 10

technology as determined by the Commissioner of the 11

Internal Revenue occurring between January 1, 2020 12

and December 31, 2022, and all of which shall supple-13

ment and not supplant any other appropriations that 14

may be available for this purpose. 15

(2) $7,000,000 to remain available until Sep-16

tember 30, 2022, for necessary expenses for the Bu-17

reau of the Fiscal Service to carry out this section 18

(and the amendments made by this section), which 19

shall supplement and not supplant any other appro-20

priations that may be available for this purpose, and 21

(3) $8,000,000 to remain available until Sep-22

tember 30, 2023, for the Treasury Inspector General 23

for Tax Administration for the purposes of overseeing 24

activities related to the administration of this section 25

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† HR 1319 EAS

(and the amendments made by this section), which 1

shall supplement and not supplant any other appro-2

priations that may be available for this purpose. 3

PART 2—CHILD TAX CREDIT 4

SEC. 9611. CHILD TAX CREDIT IMPROVEMENTS FOR 2021. 5



new subsection: 8

‘‘(i) SPECIAL RULES FOR 2021.—In the case of any 9

taxable year beginning after December 31, 2020, and before 10

January 1, 2022— 11

‘‘(1) REFUNDABLE CREDIT.—If the taxpayer (in 12

the case of a joint return, either spouse) has a prin-13

cipal place of abode in the United States (determined 14

as provided in section 32) for more than one-half of 15

the taxable year or is a bona fide resident of Puerto 16

Rico (within the meaning of section 937(a)) for such 17

taxable year— 18

‘‘(A) subsection (d) shall not apply, and 19

‘‘(B) so much of the credit determined under 20

subsection (a) (after application of subparagraph 21

(A)) as does not exceed the amount of such credit 22

which would be so determined without regard to 23

subsection (h)(4) shall be allowed under subpart 24

C (and not allowed under this subpart). 25

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‘‘(2) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT 1

AS QUALIFYING CHILDREN.—This section shall be ap-2

plied— 3

‘‘(A) by substituting ‘age 18’ for ‘age 17’ in 4

subsection (c)(1), and 5

‘‘(B) by substituting ‘described in subsection 6

(c) (determined after the application of sub-7

section (i)(2)(A))’ for ‘described in subsection (c)’ 8

in subsection (h)(4)(A). 9

‘‘(3) CREDIT AMOUNT.—Subsection (h)(2) shall 10

not apply and subsection (a) shall be applied by sub-11

stituting ‘$3,000 ($3,600 in the case of a qualifying 12

child who has not attained age 6 as of the close of the 13

calendar year in which the taxable year of the tax-14

payer begins)’ for ‘$1,000’. 15

‘‘(4) REDUCTION OF INCREASED CREDIT AMOUNT 16

BASED ON MODIFIED ADJUSTED GROSS INCOME.— 17

‘‘(A) IN GENERAL.—The amount of the 18

credit allowable under subsection (a) (determined 19

without regard to subsection (b)) shall be reduced 20

by $50 for each $1,000 (or fraction thereof) by 21

which the taxpayer’s modified adjusted gross in-22

come (as defined in subsection (b)) exceeds the 23

applicable threshold amount. 24

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‘‘(B) APPLICABLE THRESHOLD AMOUNT.— 1

For purposes of this paragraph, the term ‘appli-2

cable threshold amount’ means— 3

‘‘(i) $150,000, in the case of a joint re-4

turn or surviving spouse (as defined in sec-5

tion 2(a)) , 6

‘‘(ii) $112,500, in the case of a head of 7

household (as defined in section 2(b)), and 8

‘‘(iii) $75,000, in any other case. 9

‘‘(C) LIMITATION ON REDUCTION.— 10

‘‘(i) IN GENERAL.—The amount of the 11

reduction under subparagraph (A) shall not 12

exceed the lesser of— 13

‘‘(I) the applicable credit increase 14

amount, or 15

‘‘(II) 5 percent of the applicable 16

phaseout threshold range. 17

‘‘(ii) APPLICABLE CREDIT INCREASE 18

AMOUNT.—For purposes of this subpara-19

graph, the term ‘applicable credit increase 20

amount’ means the excess (if any) of— 21

‘‘(I) the amount of the credit al-22

lowable under this section for the tax-23

able year determined without regard to 24

this paragraph and subsection (b), over 25

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† HR 1319 EAS

‘‘(II) the amount of such credit as 1

so determined and without regard to 2

paragraph (3). 3

‘‘(iii) APPLICABLE PHASEOUT 4

THRESHOLD RANGE.—For purposes of this 5

subparagraph, the term ‘applicable phaseout 6

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 of 10

subsection (h)(3)), over 11

‘‘(II) the applicable threshold 12

amount applicable to the taxpayer 13

under this paragraph. 14

‘‘(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 following 23

new section: 24

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† HR 1319 EAS

‘‘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 which, 3

in the aggregate during any calendar year, equal the an-4

nual advance amount determined with respect to such tax-5

payer for such calendar year. Except as provided in sub-6

section (b)(3)(B), the periodic payments made to any tax-7

payer for any calendar year shall be in equal amounts. 8

‘‘(b) ANNUAL ADVANCE AMOUNT.—For purposes of this 9

section— 10

‘‘(1) IN GENERAL.—Except as otherwise provided 11

in this subsection, the term ‘annual advance amount’ 12

means, with respect to any taxpayer for any calendar 13

year, the amount (if any) which is estimated by the 14

Secretary as being equal to 50 percent of the amount 15

which would be treated as allowed under subpart C 16

of part IV of subchapter A of chapter 1 by reason of 17

section 24(i)(1) for the taxpayer’s taxable year begin-18

ning in such calendar year if— 19

‘‘(A) the status of the taxpayer as a tax-20

payer described in section 24(i)(1) is determined 21

with respect to the reference taxable year, 22

‘‘(B) the taxpayer’s modified adjusted gross 23

income for such taxable year is equal to the tax-24

payer’s modified adjusted gross income for the 25

reference taxable year, 26

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† HR 1319 EAS

‘‘(C) the only children of such taxpayer for 1

such taxable year are qualifying children prop-2

erly claimed on the taxpayer’s return of tax for 3

the reference taxable year, and 4

‘‘(D) the ages of such children (and the sta-5

tus of such children as qualifying children) are 6

determined for such taxable year by taking into 7

account the passage of time since the reference 8

taxable year. 9

‘‘(2) REFERENCE TAXABLE YEAR.—Except as 10

provided in paragraph (3)(A), the term ‘reference tax-11

able year’ means, with respect to any taxpayer for 12

any calendar year, the taxpayer’s taxable year begin-13

ning in the preceding calendar year or, in the case 14

of taxpayer who did not file a return of tax for such 15

taxable year, the taxpayer’s taxable year beginning in 16

the second preceding calendar year. 17

‘‘(3) MODIFICATIONS DURING CALENDAR YEAR.— 18

‘‘(A) IN GENERAL.—The Secretary may 19

modify, during any calendar year, the annual 20

advance amount with respect to any taxpayer 21

for such calendar year to take into account— 22

‘‘(i) a return of tax filed by such tax-23

payer during such calendar year (and the 24

taxable year to which such return relates 25

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† HR 1319 EAS

may be taken into account as the reference 1

taxable year), and 2

‘‘(ii) any other information provided 3

by the taxpayer to the Secretary which al-4

lows the Secretary to determine payments 5

under subsection (a) which, in the aggregate 6

during any taxable year of the taxpayer, 7

more closely total the Secretary’s estimate of 8

the amount treated as allowed under sub-9

part C of part IV of subchapter A of chapter 10

1 by reason of section 24(i)(1) for such tax-11

able year of such taxpayer. 12

‘‘(B) ADJUSTMENT TO REFLECT EXCESS OR 13

DEFICIT IN PRIOR PAYMENTS.—In the case of 14

any modification of the annual advance amount 15

under subparagraph (A), the Secretary may ad-16

just the amount of any periodic payment made 17

after the date of such modification to properly 18

take into account the amount by which any peri-19

odic payment made before such date was greater 20

than or less than the amount that such payment 21

would have been on the basis of the annual ad-22

vance amount as so modified. 23

‘‘(4) DETERMINATION OF STATUS.—If informa-24

tion contained in the taxpayer’s return of tax for the 25

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† HR 1319 EAS

reference taxable year does not establish the status of 1

the taxpayer as being described in section 24(i)(1), 2

the Secretary shall, for purposes of paragraph (1)(A), 3

determine such status based on information known to 4

the Secretary. 5

‘‘(5) TREATMENT OF CERTAIN DEATHS.—A child 6

shall not be taken into account in determining the an-7

nual advance amount under paragraph (1) if the 8

death of such child is known to the Secretary as of 9

the beginning of the calendar year for which the esti-10

mate under such paragraph is made. 11

‘‘(c) ON-LINE INFORMATION PORTAL.—The Secretary 12

shall establish an on-line portal which allows taxpayers 13

to— 14

‘‘(1) elect not to receive payments under this sec-15

tion, and 16

‘‘(2) provide information to the Secretary which 17

would be relevant to a modification under subsection 18

(b)(3)(B) of the annual advance amount, including 19

information regarding— 20

‘‘(A) a change in the number of the tax-21

payer’s qualifying children, including by reason 22

of the birth of a child, 23

‘‘(B) a change in the taxpayer’s marital 24

status, 25

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† HR 1319 EAS

‘‘(C) a significant change in the taxpayer’s 1

income, and 2

‘‘(D) any other factor which the Secretary 3

may provide. 4

‘‘(d) NOTICE OF PAYMENTS.—Not later than January 5

31 of the calendar year following any calendar year during 6

which the Secretary makes one or more payments to any 7

taxpayer under this section, the Secretary shall provide 8

such taxpayer with a written notice which includes the tax-9

payer’s taxpayer identity (as defined in section 6103(b)(6)), 10

the aggregate amount of such payments made to such tax-11

payer during such calendar year, and such other informa-12

tion as the Secretary determines appropriate. 13

‘‘(e) ADMINISTRATIVE PROVISIONS.— 14

‘‘(1) APPLICATION OF ELECTRONIC FUNDS PAY-15

MENT REQUIREMENT.—The payments made by the 16

Secretary under subsection (a) shall be made by elec-17

tronic funds transfer to the same extent and in the 18

same manner as if such payments were Federal pay-19

ments not made under this title. 20

‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 21

similar to the rules of subparagraphs (B) and (C) of 22

section 6428A(f)(3) shall apply for purposes of this 23

section. 24

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† HR 1319 EAS

‘‘(3) EXCEPTION FROM REDUCTION OR OFF-1

SET.—Any payment made to any individual under 2

this section shall not be— 3

‘‘(A) subject to reduction or offset pursuant 4

to subsection (c), (d), (e), or (f) of section 6402 5

or any similar authority permitting offset, or 6

‘‘(B) reduced or offset by other assessed Fed-7

eral taxes that would otherwise be subject to levy 8

or collection. 9

‘‘(4) APPLICATION OF ADVANCE PAYMENTS IN 10

THE POSSESSIONS OF THE UNITED STATES.— 11

‘‘(A) IN GENERAL.—The advance payment 12

amount determined under this section shall be 13

determined— 14

‘‘(i) by applying section 24(i)(1) with-15

out regard to the phrase ‘or is a bona fide 16

resident of Puerto Rico (within the meaning 17

of section 937(a))’, and 18

‘‘(ii) without regard to section 19

24(k)(3)(C)(ii)(I). 20

‘‘(B) MIRROR CODE POSSESSIONS.—In the 21

case of any possession of the United States with 22

a mirror code tax system (as defined in section 23

24(k)), this section shall not be treated as part 24

of the income tax laws of the United States for 25

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† HR 1319 EAS

purposes of determining the income tax law of 1

such possession unless such possession elects to 2

have this section be so treated. 3

‘‘(C) ADMINISTRATIVE EXPENSES OF AD-4

VANCE PAYMENTS.— 5

‘‘(i) MIRROR CODE POSSESSIONS.—In 6

the case of any possession described in sub-7

paragraph (B) which makes the election de-8

scribed in such subparagraph, the amount 9

otherwise paid by the Secretary to such pos-10

session under section 24(k)(1)(A) with re-11

spect to taxable years beginning in 2021 12

shall be increased by $300,000 if such pos-13

session has a plan, which has been approved 14

by the Secretary, for making advance pay-15

ments consistent with such election. 16

‘‘(ii) AMERICAN SAMOA.—The amount 17

otherwise paid by the Secretary to Amer-18

ican Samoa under subparagraph (A) of sec-19

tion 24(k)(3) with respect to taxable years 20

beginning in 2021 shall be increased by 21

$300,000 if the plan described in subpara-22

graph (B) of such section includes a pro-23

gram, which has been approved by the Sec-24

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† HR 1319 EAS

retary, for making advance payments under 1

rules similar to the rules of this section. 2

‘‘(iii) TIMING OF PAYMENT.—The Sec-3

retary may pay, upon the request of the 4

possession of the United States to which the 5

payment is to be made, the amount of the 6

increase determined under clause (i) or (ii) 7

immediately upon approval of the plan re-8

ferred to in such clause, respectively. 9

‘‘(f) APPLICATION.—No payments shall be made under 10

the program established under subsection (a) with respect 11

to— 12

‘‘(1) any period before July 1, 2021, or 13

‘‘(2) any period after December 31, 2021. 14

‘‘(g) REGULATIONS.—The Secretary shall issue such 15

regulations or other guidance as the Secretary determines 16

necessary or appropriate to carry out the purposes of this 17

section and subsections (i)(1) and (j) of section 24, includ-18

ing regulations or other guidance which provides for the 19

application of such provisions where the filing status of the 20

taxpayer for a taxable year is different from the status used 21

for determining the annual advance amount.’’. 22

(2) RECONCILIATION OF CREDIT AND ADVANCE 23

CREDIT.—Section 24 of such Code, as amended by the 24

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† HR 1319 EAS

preceding provision of this Act, is amended by adding 1

at the end the following new subsection: 2

‘‘(j) RECONCILIATION OF CREDIT AND ADVANCE CRED-3

IT.— 4


lowed under this section to any taxpayer for any tax-6

able year shall be reduced (but not below zero) by the 7

aggregate amount of payments made under section 8

7527A to such taxpayer during such taxable year. 9

Any failure to so reduce the credit shall be treated as 10

arising out of a mathematical or clerical error and 11

assessed according to section 6213(b)(1). 12

‘‘(2) EXCESS ADVANCE PAYMENTS.— 13

‘‘(A) IN GENERAL.—If the aggregate amount 14

of payments under section 7527A to the taxpayer 15

during the taxable year exceeds the amount of 16

the credit allowed under this section to such tax-17

payer for such taxable year (determined without 18

regard to paragraph (1)), the tax imposed by 19

this chapter for such taxable year shall be in-20

creased by the amount of such excess. Any failure 21

to so increase the tax shall be treated as arising 22

out of a mathematical or clerical error and as-23

sessed according to section 6213(b)(1). 24

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‘‘(B) SAFE HARBOR BASED ON MODIFIED 1

ADJUSTED GROSS INCOME.— 2

‘‘(i) IN GENERAL.—In the case of a 3

taxpayer whose modified adjusted gross in-4

come (as defined in subsection (b)) for the 5

taxable year does not exceed 200 percent of 6

the applicable income threshold, the amount 7

of the increase determined under subpara-8

graph (A) with respect to such taxpayer for 9

such taxable year shall be reduced (but not 10

below zero) by the safe harbor amount. 11

‘‘(ii) PHASE OUT OF SAFE HARBOR 12

AMOUNT.—In the case of a taxpayer whose 13

modified adjusted gross income (as defined 14

in subsection (b)) for the taxable year ex-15

ceeds the applicable income threshold, the 16

safe harbor amount otherwise in effect 17

under clause (i) shall be reduced by the 18

amount which bears the same ratio to such 19

amount as such excess bears to the applica-20

ble income threshold. 21

‘‘(iii) APPLICABLE INCOME THRESH-22

OLD.—For purposes of this subparagraph, 23

the term ‘applicable income threshold’ 24

means— 25

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† HR 1319 EAS

‘‘(I) $60,000 in the case of a joint 1

return or surviving spouse (as defined 2

in section 2(a)), 3

‘‘(II) $50,000 in the case of a 4

head of household, and 5

‘‘(III) $40,000 in any other case. 6

‘‘(iv) SAFE HARBOR AMOUNT.—For 7

purposes of this subparagraph, the term 8

‘safe harbor amount’ means, with respect to 9

any taxable year, the product of— 10

‘‘(I) $2,000, multiplied by 11

‘‘(II) the excess (if any) of the 12

number of qualified children taken into 13

account in determining the annual ad-14

vance amount with respect to the tax-15

payer under section 7527A with re-16

spect to months beginning in such tax-17

able year, over the number of qualified 18

children taken into account in deter-19

mining the credit allowed under this 20

section for such taxable year.’’. 21

(3) COORDINATION WITH WAGE WITHHOLDING.— 22

Section 3402(f)(1)(C) of such Code is amended by 23

striking ‘‘section 24(a)’’ and inserting ‘‘section 24 24

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† HR 1319 EAS

(determined after application of subsection (j) there-1

of)’’. 2


(A) Section 26(b)(2) of such Code is amend-4

ed by striking ‘‘and’’ at the end of subparagraph 5

(X), by striking the period at the end of subpara-6

graph (Y) and inserting ‘‘, and’’, and by adding 7

at the end the following new subparagraph: 8

‘‘(Z) section 24(j)(2) (relating to excess ad-9

vance payments).’’. 10

(B) Section 6211(b)(4)(A) of such Code, as 11

amended by the preceding provisions of this sub-12

title, is amended— 13

(i) by striking ‘‘24(d)’’ and inserting 14

‘‘24 by reason of subsections (d) and (i)(1) 15

thereof’’, and 16

(ii) by striking ‘‘and 6428B’’ and in-17

serting ‘‘6428B, and 7527A’’. 18

(C) Paragraph (2) of section 1324(b) of title 19

31, United States Code, is amended— 20

(i) by inserting ‘‘24,’’ before ‘‘25A’’, 21

and 22

(ii) by striking ‘‘ or 6431’’ and insert-23

ing ‘‘6431, or 7527A’’. 24

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(D) The table of sections for chapter 77 of 1

the Internal Revenue Code of 1986 is amended 2

by inserting after the item relating to section 3

7527 the following new item: 4

‘‘Sec. 7527A. Advance payment of child tax credit.’’.

(5) APPROPRIATIONS TO CARRY OUT ADVANCE 5

PAYMENTS.—Immediately upon the enactment of this 6

Act, in addition to amounts otherwise available, there 7

are appropriated for fiscal year 2021, out of any 8

money in the Treasury not otherwise appropriated: 9

(A) $397,200,000 to remain available until 10

September 30, 2022, for necessary expenses for 11

the Internal Revenue Service to carry out this 12

section (and the amendments made by this sec-13

tion), which shall supplement and not supplant 14

any other appropriations that may be available 15

for this purpose, and 16

(B) $16,200,000 to remain available until 17

September 30, 2022, for necessary expenses for 18

the Bureau of the Fiscal Service to carry out this 19

section (and the amendments made by this sec-20

tion), which shall supplement and not supplant 21

any other appropriations that may be available 22

for this purpose. 23

(c) EFFECTIVE DATE.— 24

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(1) IN GENERAL.—The amendments made by 1

this section shall apply to taxable years beginning 2

after December 31, 2020. 3

(2) ESTABLISHMENT OF ADVANCE PAYMENT PRO-4

GRAM.—The Secretary of the Treasury (or the Sec-5

retary’s designee) shall establish the program de-6

scribed in section 7527A of the Internal Revenue Code 7

of 1986 as soon as practicable after the date of the en-8

actment of this Act, except that the Secretary shall en-9

sure that the timing of the establishment of such pro-10

gram does not interfere with carrying out section 11

6428B(g) as rapidly as possible. 12

SEC. 9612. APPLICATION OF CHILD TAX CREDIT IN POSSES-13

SIONS. 14


Code of 1986, as amended by the preceding provisions of 16

this Act, is amended by adding at the end the following 17

new subsection: 18

‘‘(k) APPLICATION OF CREDIT IN POSSESSIONS.— 19

‘‘(1) MIRROR CODE POSSESSIONS.— 20

‘‘(A) IN GENERAL.—The Secretary shall pay 21

to each possession of the United States with a 22

mirror code tax system amounts equal to the loss 23

(if any) to that possession by reason of the appli-24

cation of this section (determined without regard 25

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† HR 1319 EAS

to this subsection) with respect to taxable years 1

beginning after 2020. Such amounts shall be de-2

termined by the Secretary based on information 3

provided by the government of the respective pos-4

session. 5

‘‘(B) COORDINATION WITH CREDIT AL-6

LOWED AGAINST UNITED STATES INCOME 7

TAXES.—No credit shall be allowed under this 8

section for any taxable year to any individual to 9

whom a credit is allowable against taxes im-10

posed by a possession of the United States with 11

a mirror code tax system by reason of the appli-12

cation of this section in such possession for such 13

taxable year. 14

‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-15

poses of this paragraph, the term ‘mirror code 16

tax system’ means, with respect to any posses-17

sion of the United States, the income tax system 18

of such possession if the income tax liability of 19

the residents of such possession under such sys-20

tem is determined by reference to the income tax 21

laws of the United States as if such possession 22

were the United States. 23

‘‘(2) PUERTO RICO.— 24

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† HR 1319 EAS

‘‘(A) APPLICATION TO TAXABLE YEARS IN 1

2021.— 2

‘‘(i) For application of refundable 3

credit to residents of Puerto Rico, see sub-4

section (i)(1). 5

‘‘(ii) For nonapplication of advance 6

payment to residents of Puerto Rico, see sec-7

tion 7527A(e)(4)(A). 8

‘‘(B) APPLICATION TO TAXABLE YEARS 9

AFTER 2021.—In the case of any bona fide resi-10

dent of Puerto Rico (within the meaning of sec-11

tion 937(a)) for any taxable year beginning after 12

December 31, 2021— 13

‘‘(i) the credit determined under this 14

section shall be allowable to such resident, 15

and 16

‘‘(ii) subsection (d)(1)(B)(ii) shall be 17

applied without regard to the phrase ‘in the 18

case of a taxpayer with 3 or more quali-19

fying children’. 20

‘‘(3) AMERICAN SAMOA.— 21

‘‘(A) IN GENERAL.—The Secretary shall pay 22

to American Samoa amounts estimated by the 23

Secretary as being equal to the aggregate benefits 24

that would have been provided to residents of 25

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† HR 1319 EAS

American Samoa by reason of the application of 1

this section for taxable years beginning after 2

2020 if the provisions of this section had been in 3

effect in American Samoa (applied as if Amer-4

ican Samoa were the United States and without 5

regard to the application of this section to bona 6

fide residents of Puerto Rico under subsection 7

(i)(1)). 8

‘‘(B) DISTRIBUTION REQUIREMENT.—Sub-9

paragraph (A) shall not apply unless American 10

Samoa has a plan, which has been approved by 11

the Secretary, under which American Samoa 12

will promptly distribute such payments to its 13

residents. 14

‘‘(C) COORDINATION WITH CREDIT AL-15

LOWED AGAINST UNITED STATES INCOME 16

TAXES.— 17

‘‘(i) IN GENERAL.—In the case of a 18

taxable year with respect to which a plan is 19

approved under subparagraph (B), this sec-20

tion (other than this subsection) shall not 21

apply to any individual eligible for a dis-22

tribution under such plan. 23

‘‘(ii) APPLICATION OF SECTION IN 24

EVENT OF ABSENCE OF APPROVED PLAN.— 25

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† HR 1319 EAS

In the case of a taxable year with respect to 1

which a plan is not approved under sub-2

paragraph (B)— 3

‘‘(I) if such taxable year begins in 4

2021, subsection (i)(1) shall be applied 5

by substituting ‘bona fide resident of 6

Puerto Rico or American Samoa’ for 7

‘bona fide resident of Puerto Rico’, and 8

‘‘(II) if such taxable year begins 9

after December 31, 2021, rules similar 10

to the rules of paragraph (2)(B) shall 11

apply with respect to bona fide resi-12

dents of American Samoa (within the 13

meaning of section 937(a)). 14

‘‘(4) TREATMENT OF PAYMENTS.—For purposes 15

of section 1324 of title 31, United States Code, the 16

payments under this subsection shall be treated in the 17


referred to in subsection (b)(2) of such section.’’. 19



ber 31, 2020. 22

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† HR 1319 EAS

PART 3—EARNED INCOME TAX CREDIT 1

SEC. 9621. STRENGTHENING THE EARNED INCOME TAX 2

CREDIT FOR INDIVIDUALS WITH NO QUALI-3

FYING CHILDREN. 4

(a) SPECIAL RULES FOR 2021.—Section 32 of the In-5

ternal Revenue Code of 1986 is amended by adding at the 6

end the following new subsection: 7

‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITHOUT 8

QUALIFYING CHILDREN.—In the case of any taxable year 9

beginning after December 31, 2020, and before January 1, 10

2022— 11

‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.— 12

‘‘(A) IN GENERAL.—Subsection 13

(c)(1)(A)(ii)(II) shall be applied by substituting 14

‘the applicable minimum age’ for ‘age 25’. 15

‘‘(B) APPLICABLE MINIMUM AGE.—For pur-16

poses of this paragraph, the term ‘applicable 17

minimum age’ means— 18

‘‘(i) except as otherwise provided in 19

this subparagraph, age 19, 20

‘‘(ii) in the case of a specified student 21

(other than a qualified former foster youth 22

or a qualified homeless youth), age 24, and 23

‘‘(iii) in the case of a qualified former 24

foster youth or a qualified homeless youth, 25

age 18. 26

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† HR 1319 EAS

‘‘(C) SPECIFIED STUDENT.—For purposes of 1

this paragraph, the term ‘specified student’ 2

means, with respect to any taxable year, an in-3

dividual who is an eligible student (as defined in 4

section 25A(b)(3)) during at least 5 calendar 5

months during the taxable year. 6

‘‘(D) QUALIFIED FORMER FOSTER 7

YOUTH.—For purposes of this paragraph, the 8

term ‘qualified former foster youth’ means an in-9

dividual who— 10

‘‘(i) on or after the date that such indi-11

vidual attained age 14, was in foster care 12

provided under the supervision or adminis-13

tration of an entity administering (or eligi-14

ble to administer) a plan under part B or 15

part E of title IV of the Social Security Act 16

(without regard to whether Federal assist-17

ance was provided with respect to such 18

child under such part E), and 19

‘‘(ii) provides (in such manner as the 20

Secretary may provide) consent for entities 21

which administer a plan under part B or 22

part E of title IV of the Social Security Act 23

to disclose to the Secretary information re-24

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† HR 1319 EAS

lated to the status of such individual as a 1

qualified former foster youth. 2

‘‘(E) QUALIFIED HOMELESS YOUTH.—For 3

purposes of this paragraph, the term ‘qualified 4

homeless youth’ means, with respect to any tax-5

able year, an individual who certifies, in a man-6

ner as provided by the Secretary, that such indi-7

vidual is either an unaccompanied youth who is 8

a homeless child or youth, or is unaccompanied, 9

at risk of homelessness, and self-supporting. 10

‘‘(2) ELIMINATION OF MAXIMUM AGE FOR CRED-11

IT.—Subsection (c)(1)(A)(ii)(II) shall be applied 12

without regard to the phrase ‘but not attained age 13

65’. 14

‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-15

CENTAGES.—The table contained in subsection (b)(1) 16

shall be applied by substituting ‘15.3’ for ‘7.65’ each 17

place it appears therein. 18

‘‘(4) INCREASE IN EARNED INCOME AND PHASE-19

OUT AMOUNTS.— 20

‘‘(A) IN GENERAL.—The table contained in 21

subsection (b)(2)(A) shall be applied— 22

‘‘(i) by substituting ‘$9,820’ for 23

‘$4,220’, and 24

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† HR 1319 EAS

‘‘(ii) by substituting ‘$11,610’ for 1

‘$5,280’. 2

‘‘(B) COORDINATION WITH INFLATION AD-3

JUSTMENT.—Subsection (j) shall not apply to 4

any dollar amount specified in this paragraph.’’. 5

(b) INFORMATION RETURN MATCHING.—As soon as 6

practicable, the Secretary of the Treasury (or the Sec-7

retary’s delegate) shall develop and implement procedures 8

to use information returns under section 6050S (relating 9

to returns relating to higher education tuition and related 10

expenses) to check the status of individuals as specified stu-11

dents for purposes of section 32(n)(1)(B)(ii) of the Internal 12

Revenue Code of 1986 (as added by this section). 13

(c) EFFECTIVE DATE.—The amendment made by this 14


ber 31, 2020. 16

SEC. 9622. TAXPAYER ELIGIBLE FOR CHILDLESS EARNED 17

INCOME CREDIT IN CASE OF QUALIFYING 18

CHILDREN WHO FAIL TO MEET CERTAIN 19

IDENTIFICATION REQUIREMENTS. 20

(a) IN GENERAL.—Section 32(c)(1) of the Internal 21

Revenue Code of 1986 is amended by striking subparagraph 22

(F). 23

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† HR 1319 EAS



ber 31, 2020. 3

SEC. 9623. CREDIT ALLOWED IN CASE OF CERTAIN SEPA-4

RATED SPOUSES. 5

(a) IN GENERAL.—Section 32(d) of the Internal Rev-6

enue Code of 1986 is amended— 7

(1) by striking ‘‘MARRIED INDIVIDUALS.—In the 8

case of’’ and inserting the following: ‘‘MARRIED INDI-9

VIDUALS.— 10

‘‘(1) IN GENERAL.—In the case of’’, and 11


graph: 13

‘‘(2) DETERMINATION OF MARITAL STATUS.—For 14

purposes of this section— 15

‘‘(A) IN GENERAL.—Except as provided in 16

subparagraph (B), marital status shall be deter-17

mined under section 7703(a). 18

‘‘(B) SPECIAL RULE FOR SEPARATED 19

SPOUSE.—An individual shall not be treated as 20

married if such individual— 21

‘‘(i) is married (as determined under 22

section 7703(a)) and does not file a joint re-23

turn for the taxable year, 24

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† HR 1319 EAS

‘‘(ii) resides with a qualifying child of 1

the individual for more than one-half of 2

such taxable year, and 3

‘‘(iii)(I) during the last 6 months of 4

such taxable year, does not have the same 5

principal place of abode as the individual’s 6

spouse, or 7

‘‘(II) has a decree, instrument, or 8

agreement (other than a decree of divorce) 9

described in section 121(d)(3)(C) with re-10

spect to the individual’s spouse and is not 11

a member of the same household with the 12

individual’s spouse by the end of the taxable 13

year.’’. 14

(b) CONFORMING AMENDMENTS.— 15

(1) Section 32(c)(1)(A) of such Code is amended 16

by striking the last sentence. 17

(2) Section 32(c)(1)(E)(ii) of such Code is 18

amended by striking ‘‘(within the meaning of section 19

7703)’’. 20

(3) Section 32(d)(1) of such Code, as amended by 21

subsection (a), is amended by striking ‘‘(within the 22

meaning of section 7703)’’. 23

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† HR 1319 EAS



ber 31, 2020. 3

SEC. 9624. MODIFICATION OF DISQUALIFIED INVESTMENT 4

INCOME TEST. 5

(a) IN GENERAL.—Section 32(i) of the Internal Rev-6

enue Code of 1986 is amended by striking ‘‘$2,200’’ and 7

inserting ‘‘$10,000’’. 8

(b) INFLATION ADJUSTMENT.—Section 32(j)(1) of such 9

Code is amended— 10

(1) in the matter preceding subparagraph (A), 11

by inserting ‘‘(2021 in the case of the dollar amount 12

in subsection (i)(1))’’ after ‘‘2015’’, 13

(2) in subparagraph (B)(i)— 14

(A) by striking ‘‘subsections (b)(2)(A) and 15

(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’, and 16

(B) by striking ‘‘and’’ at the end, 17

(3) by striking the period at the end of subpara-18

graph (B)(ii) and inserting ‘‘, and’’, and 19

(4) by inserting after subparagraph (B)(ii) the 20

following new clause: 21

‘‘(iii) in the case of the $10,000 22

amount in subsection (i)(1), ‘calendar year 23

2020’ for ‘calendar year 2016’.’’. 24

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† HR 1319 EAS



ber 31, 2020. 3

SEC. 9625. APPLICATION OF EARNED INCOME TAX CREDIT 4

IN POSSESSIONS OF THE UNITED STATES. 5

(a) IN GENERAL.—Chapter 77 of the Internal Revenue 6


new section: 8

‘‘SEC. 7530. APPLICATION OF EARNED INCOME TAX CREDIT 9

TO POSSESSIONS OF THE UNITED STATES. 10

‘‘(a) PUERTO RICO.— 11

‘‘(1) IN GENERAL.—With respect to calendar 12

year 2021 and each calendar year thereafter, the Sec-13

retary shall, except as otherwise provided in this sub-14

section, make payments to Puerto Rico equal to— 15

‘‘(A) the specified matching amount for 16

such calendar year, plus 17

‘‘(B) in the case of calendar years 2021 18

through 2025, the lesser of— 19

‘‘(i) the expenditures made by Puerto 20

Rico during such calendar year for edu-21

cation efforts with respect to individual tax-22

payers and tax return preparers relating to 23

the earned income tax credit, or 24

‘‘(ii) $1,000,000. 25

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† HR 1319 EAS

‘‘(2) REQUIREMENT TO REFORM EARNED INCOME 1

TAX CREDIT.—The Secretary shall not make any pay-2

ments under paragraph (1) with respect to any cal-3

endar year unless Puerto Rico has in effect an earned 4

income tax credit for taxable years beginning in or 5

with such calendar year which (relative to the earned 6

income tax credit which was in effect for taxable 7

years beginning in or with calendar year 2019) in-8

creases the percentage of earned income which is al-9

lowed as a credit for each group of individuals with 10

respect to which such percentage is separately stated 11

or determined in a manner designed to substantially 12

increase workforce participation. 13

‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur-14

poses of this subsection— 15

‘‘(A) IN GENERAL.—The term ‘specified 16

matching amount’ means, with respect to any 17

calendar year, the lesser of— 18

‘‘(i) the excess (if any) of— 19

‘‘(I) the cost to Puerto Rico of the 20

earned income tax credit for taxable 21

years beginning in or with such cal-22

endar year, over 23

‘‘(II) the base amount for such 24

calendar year, or 25

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† HR 1319 EAS

‘‘(ii) the product of 3, multiplied by 1

the base amount for such calendar year. 2

‘‘(B) BASE AMOUNT.— 3

‘‘(i) BASE AMOUNT FOR 2021.—In the 4

case of calendar year 2021, the term ‘base 5

amount’ means the greater of— 6

‘‘(I) the cost to Puerto Rico of the 7

earned income tax credit for taxable 8

years beginning in or with calendar 9

year 2019 (rounded to the nearest mul-10

tiple of $1,000,000), or 11

‘‘(II) $200,000,000. 12

‘‘(ii) INFLATION ADJUSTMENT.—In the 13

case of any calendar year after 2021, the 14

term ‘base amount’ means the dollar 15

amount determined under clause (i) in-16

creased by an amount equal to— 17

‘‘(I) such dollar amount, multi-18

plied by— 19

‘‘(II) the cost-of-living adjustment 20

determined under section 1(f)(3) for 21

such calendar year, determined by sub-22

stituting ‘calendar year 2020’ for ‘cal-23

endar year 2016’ in subparagraph 24

(A)(ii) thereof. 25

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† HR 1319 EAS

Any amount determined under this clause 1

shall be rounded to the nearest multiple of 2

$1,000,000. 3

‘‘(4) RULES RELATED TO PAYMENTS.— 4

‘‘(A) TIMING OF PAYMENTS.—The Secretary 5

shall make payments under paragraph (1) for 6

any calendar year— 7

‘‘(i) after receipt of such information 8

as the Secretary may require to determine 9

such payments, and 10

‘‘(ii) except as provided in clause (i), 11

within a reasonable period of time before 12

the due date for individual income tax re-13

turns (as determined under the laws of 14

Puerto Rico) for taxable years which began 15

on the first day of such calendar year. 16

‘‘(B) INFORMATION.—The Secretary may 17

require the reporting of such information as the 18

Secretary may require to carry out this sub-19

section. 20

‘‘(C) DETERMINATION OF COST OF EARNED 21

INCOME TAX CREDIT.—For purposes of this sub-22

section, the cost to Puerto Rico of the earned in-23

come tax credit shall be determined by the Sec-24

retary on the basis of the laws of Puerto Rico 25

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† HR 1319 EAS

and shall include reductions in revenues received 1

by Puerto Rico by reason of such credit and re-2

funds attributable to such credit, but shall not 3

include any administrative costs with respect to 4

such credit. 5

‘‘(b) POSSESSIONS WITH MIRROR CODE TAX SYS-6

TEMS.— 7




section, make payments to the Virgin Islands, Guam, 11

and the Commonwealth of the Northern Mariana Is-12

lands equal to— 13

‘‘(A) the cost to such possession of the 14

earned income tax credit for taxable years begin-15

ning in or with such calendar year, plus 16



‘‘(i) the expenditures made by such 19

possession during such calendar year for 20

education efforts with respect to individual 21

taxpayers and tax return preparers relating 22

to such earned income tax credit, or 23

‘‘(ii) $50,000. 24

393

† HR 1319 EAS


similar to the rules of subparagraphs (A), (B), and 2

(C) of subsection (a)(4) shall apply for purposes of 3

this subsection. 4

‘‘(c) AMERICAN SAMOA.— 5




section, make payments to American Samoa equal 9

to— 10

‘‘(A) the lesser of— 11

‘‘(i) the cost to American Samoa of the 12

earned income tax credit for taxable years 13

beginning in or with such calendar year, or 14

‘‘(ii) $16,000,000, plus 15



‘‘(i) the expenditures made by Amer-18

ican Samoa during such calendar year for 19

education efforts with respect to individual 20

taxpayers and tax return preparers relating 21

to such earned income tax credit, or 22

‘‘(ii) $50,000. 23

‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN 24

EARNED INCOME TAX CREDIT.—The Secretary shall 25

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† HR 1319 EAS

not make any payments under paragraph (1) with 1

respect to any calendar year unless American Samoa 2

has in effect an earned income tax credit for taxable 3

years beginning in or with such calendar year which 4

allows a refundable tax credit to individuals on the 5

basis of the taxpayer’s earned income which is de-6

signed to substantially increase workforce participa-7

tion. 8

‘‘(3) INFLATION ADJUSTMENT.—In the case of 9

any calendar year after 2021, the $16,000,000 10

amount in paragraph (1)(A)(ii) shall be increased by 11

an amount equal to— 12

‘‘(A) such dollar amount, multiplied by— 13

‘‘(B) the cost-of-living adjustment deter-14

mined under section 1(f)(3) for such calendar 15

year, determined by substituting ‘calendar year 16

2020’ for ‘calendar year 2016’ in subparagraph 17

(A)(ii) thereof. 18

Any increase determined under this clause shall be 19

rounded to the nearest multiple of $100,000. 20


similar to the rules of subparagraphs (A), (B), and 22

(C) of subsection (a)(4) shall apply for purposes of 23

this subsection. 24

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† HR 1319 EAS

‘‘(d) TREATMENT OF PAYMENTS.—For purposes of sec-1

tion 1324 of title 31, United States Code, the payments 2

under this section shall be treated in the same manner as 3

a refund due from a credit provision referred to in sub-4

section (b)(2) of such section.’’. 5

(b) CLERICAL AMENDMENT.—The table of sections for 6

chapter 77 of the Internal Revenue Code of 1986 is amended 7

by adding at the end the following new item: 8

‘‘Sec. 7530. Application of earned income tax credit to possessions of the United

States.’’.

SEC. 9626. TEMPORARY SPECIAL RULE FOR DETERMINING 9

EARNED INCOME FOR PURPOSES OF EARNED 10

INCOME TAX CREDIT. 11

(a) IN GENERAL.—If the earned income of the tax-12

payer for the taxpayer’s first taxable year beginning in 13

2021 is less than the earned income of the taxpayer for the 14

taxpayer’s first taxable year beginning in 2019, the credit 15

allowed under section 32 of the Internal Revenue Code of 16

1986 may, at the election of the taxpayer, be determined 17

by substituting— 18

(1) such earned income for the taxpayer’s first 19

taxable year beginning in 2019, for 20

(2) such earned income for the taxpayer’s first 21

taxable year beginning in 2021. 22

(b) EARNED INCOME.— 23

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† HR 1319 EAS

(1) IN GENERAL.—For purposes of this section, 1

the term ‘‘earned income’’ has the meaning given such 2

term under section 32(c) of the Internal Revenue Code 3

of 1986. 4

(2) APPLICATION TO JOINT RETURNS.—For pur-5

poses of subsection (a), in the case of a joint return, 6

the earned income of the taxpayer for the first taxable 7

year beginning in 2019 shall be the sum of the earned 8

income of each spouse for such taxable year. 9

(c) SPECIAL RULES.— 10

(1) ERRORS TREATED AS MATHEMATICAL ER-11

RORS.—For purposes of section 6213 of the Internal 12

Revenue Code of 1986, an incorrect use on a return 13

of earned income pursuant to subsection (a) shall be 14

treated as a mathematical or clerical error. 15

(2) NO EFFECT ON DETERMINATION OF GROSS 16

INCOME, ETC.—Except as otherwise provided in this 17

subsection, the Internal Revenue Code of 1986 shall be 18

applied without regard to any substitution under sub-19

section (a). 20

(d) TREATMENT OF CERTAIN POSSESSIONS.— 21


CODE TAX SYSTEMS.—The Secretary of the Treasury 23

shall pay to each possession of the United States 24

which has a mirror code tax system amounts equal to 25

397

† HR 1319 EAS

the loss (if any) to that possession by reason of the 1

application of the provisions of this section (other 2

than this subsection) with respect to section 32 of the 3

Internal Revenue Code of 1986. Such amounts shall 4

be determined by the Secretary of the Treasury based 5

on information provided by the government of the re-6

spective possession. 7


Secretary of the Treasury shall pay to each possession 9

of the United States which does not have a mirror 10

code tax system amounts estimated by the Secretary 11

of the Treasury as being equal to the aggregate bene-12

fits (if any) that would have been provided to resi-13

dents of such possession by reason of the provisions of 14

this section (other than this subsection) with respect 15

to section 32 of the Internal Revenue Code of 1986 if 16

a mirror code tax system had been in effect in such 17

possession. The preceding sentence shall not apply un-18

less the respective possession has a plan, which has 19

been approved by the Secretary of the Treasury, 20

under which such possession will promptly distribute 21

such payments to its residents. 22


of this section, the term ‘‘mirror code tax system’’ 24


398

† HR 1319 EAS








ments under this section shall be treated in the same 8

manner as a refund due from a credit provision re-9

ferred to in subsection (b)(2) of such section. 10

PART 4—DEPENDENT CARE ASSISTANCE 11

SEC. 9631. REFUNDABILITY AND ENHANCEMENT OF CHILD 12

AND DEPENDENT CARE TAX CREDIT. 13



new subsection: 16

‘‘(g) SPECIAL RULES FOR 2021.—In the case of any 17

taxable year beginning after December 31, 2020, and before 18

January 1, 2022— 19

‘‘(1) CREDIT MADE REFUNDABLE.—If the tax-20

payer (in the case of a joint return, either spouse) has 21

a principal place of abode in the United States (de-22

termined as provided in section 32) for more than 23

one-half of the taxable year, the credit allowed under 24

subsection (a) shall be treated as a credit allowed 25

399

† HR 1319 EAS

under subpart C (and not allowed under this sub-1

part). 2

‘‘(2) INCREASE IN DOLLAR LIMIT ON AMOUNT 3

CREDITABLE.—Subsection (c) shall be applied— 4

‘‘(A) by substituting ‘$8,000’ for ‘$3,000’ in 5

paragraph (1) thereof, and 6

‘‘(B) by substituting ‘$16,000’ for ‘$6,000’ 7

in paragraph (2) thereof. 8

‘‘(3) INCREASE IN APPLICABLE PERCENTAGE.— 9

Subsection (a)(2) shall be applied— 10

‘‘(A) by substituting ‘50 percent’ for ‘35 11

percent ’, and 12

‘‘(B) by substituting ‘$125,000’ for 13

‘$15,000’. 14

‘‘(4) APPLICATION OF PHASEOUT TO HIGH IN-15

COME INDIVIDUALS.— 16

‘‘(A) IN GENERAL.—Subsection (a)(2) shall 17

be applied by substituting ‘the phaseout percent-18

age’ for ‘20 percent’. 19

‘‘(B) PHASEOUT PERCENTAGE.—The term 20

‘phaseout percentage’ means 20 percent reduced 21

(but not below zero) by 1 percentage point for 22

each $2,000 (or fraction thereof) by which the 23

taxpayer’s adjusted gross income for the taxable 24

year exceeds $400,000.’’. 25

400

† HR 1319 EAS

(b) APPLICATION OF CREDIT IN POSSESSIONS.—Sec-1

tion 21 of such Code, as amended by subsection (a), is 2

amended by adding at the end the following new subsection: 3

‘‘(h) APPLICATION OF CREDIT IN POSSESSIONS.— 4

‘‘(1) PAYMENT TO POSSESSIONS WITH MIRROR 5

CODE TAX SYSTEMS.—The Secretary shall pay to each 6

possession of the United States with a mirror code tax 7

system amounts equal to the loss (if any) to that pos-8

session by reason of the application of this section 9

(determined without regard to this subsection) with 10

respect to taxable years beginning in or with 2021. 11

Such amounts shall be determined by the Secretary 12

based on information provided by the government of 13

the respective possession. 14

‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The 15

Secretary shall pay to each possession of the United 16

States which does not have a mirror code tax system 17

amounts estimated by the Secretary as being equal to 18

the aggregate benefits that would have been provided 19

to residents of such possession by reason of this sec-20

tion with respect to taxable years beginning in or 21

with 2021 if a mirror code tax system had been in 22

effect in such possession. The preceding sentence shall 23

not apply unless the respective possession has a plan, 24

which has been approved by the Secretary, under 25

401

† HR 1319 EAS

which such possession will promptly distribute such 1

payments to its residents. 2

‘‘(3) COORDINATION WITH CREDIT ALLOWED 3

AGAINST UNITED STATES INCOME TAXES.—In the case 4

of any taxable year beginning in or with 2021, no 5

credit shall be allowed under this section to any indi-6

vidual— 7

‘‘(A) to whom a credit is allowable against 8

taxes imposed by a possession with a mirror code 9

tax system by reason of this section, or 10

‘‘(B) who is eligible for a payment under a 11

plan described in paragraph (2). 12

‘‘(4) MIRROR CODE TAX SYSTEM.—For purposes 13

of this subsection, the term ‘mirror code tax system’ 14







‘‘(5) TREATMENT OF PAYMENTS.—For purposes 21

of section 1324 of title 31, United States Code, the 22

payments under this subsection shall be treated in the 23


referred to in subsection (b)(2) of such section.’’. 25

402

† HR 1319 EAS

(c) CONFORMING AMENDMENTS.— 1

(1) Section 6211(b)(4)(A) of such Code, as 2

amended by the preceding provisions of this Act, is 3

amended by inserting ‘‘21 by reason of subsection (g) 4

thereof,’’ before ‘‘24’’. 5

(2) Section 1324(b)(2) of title 31, United States 6

Code (as amended by the preceding provisions of this 7

title), is amended by inserting ‘‘21,’’ before ‘‘24’’. 8

(d) EFFECTIVE DATE.—The amendments made by this 9


ber 31, 2020. 11

SEC. 9632. INCREASE IN EXCLUSION FOR EMPLOYER-PRO-12

VIDED DEPENDENT CARE ASSISTANCE. 13

(a) IN GENERAL.—Section 129(a)(2) of the Internal 14

Revenue Code of 1986 is amended by adding at the end 15

the following new subparagraph: 16

‘‘(D) SPECIAL RULE FOR 2021.—In the case 17

of any taxable year beginning after December 31, 18

2020, and before January 1, 2022, subparagraph 19

(A) shall be applied be substituting ‘$10,500 20

(half such dollar amount’ for ‘$5,000 ($2,500’.’’. 21



ber 31, 2020. 24

403

† HR 1319 EAS

(c) RETROACTIVE PLAN AMENDMENTS.—A plan that 1

otherwise satisfies all applicable requirements of sections 2

125 and 129 of the Internal Revenue Code of 1986 (includ-3

ing any rules or regulations thereunder) shall not fail to 4

be treated as a cafeteria plan or dependent care assistance 5

program merely because such plan is amended pursuant to 6

a provision under this section and such amendment is ret-7

roactive, if— 8

(1) such amendment is adopted no later than the 9

last day of the plan year in which the amendment is 10

effective, and 11

(2) the plan is operated consistent with the terms 12

of such amendment during the period beginning on 13

the effective date of the amendment and ending on the 14

date the amendment is adopted. 15

PART 5—CREDITS FOR PAID SICK AND FAMILY 16

LEAVE 17

SEC. 9641. PAYROLL CREDITS. 18

(a) IN GENERAL.—Chapter 21 of the Internal Revenue 19


new subchapter: 21

‘‘Subchapter D—Credits 22

‘‘Sec. 3131. Credit for paid sick leave.

‘‘Sec. 3132. Payroll credit for paid family leave.

‘‘Sec. 3133. Special rule related to tax on employers.

404

† HR 1319 EAS

‘‘SEC. 3131. CREDIT FOR PAID SICK LEAVE. 1

‘‘(a) IN GENERAL.—In the case of an employer, there 2

shall be allowed as a credit against applicable employment 3

taxes for each calendar quarter an amount equal to 100 4

percent of the qualified sick leave wages paid by such em-5

ployer with respect to such calendar quarter. 6

‘‘(b) LIMITATIONS AND REFUNDABILITY.— 7

‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 8

amount of qualified sick leave wages taken into ac-9

count under subsection (a), plus any increases under 10

subsection (e), with respect to any individual shall 11

not exceed $200 ($511 in the case of any day any 12

portion of which is paid sick time described in para-13

graph (1), (2), or (3) of section 5102(a) of the Emer-14

gency Paid Sick Leave Act, applied with the modi-15

fication described in subsection (c)(2)(A)(i)) for any 16

day (or portion thereof) for which the individual is 17

paid qualified sick leave wages. 18

‘‘(2) OVERALL LIMITATION ON NUMBER OF DAYS 19

TAKEN INTO ACCOUNT.—The aggregate number of 20

days taken into account under paragraph (1) for any 21

calendar quarter shall not exceed the excess (if any) 22

of— 23

‘‘(A) 10, over 24

‘‘(B) the aggregate number of days so taken 25

into account during preceding calendar quarters 26

405

† HR 1319 EAS

in such calendar year (other than the first quar-1

ter of calendar year 2021). 2



spect to any calendar quarter shall not exceed the ap-5

plicable employment taxes for such calendar quarter 6

on the wages paid with respect to the employment of 7

all employees of the employer. 8







6402(a) and 6413(b). 15

‘‘(B) ADVANCING CREDIT.—In anticipation 16

of the credit, including the refundable portion 17

under subparagraph (A), the credit shall be ad-18

vanced, according to forms and instructions pro-19

vided by the Secretary, up to an amount cal-20

culated under subsection (a), subject to the limits 21

under paragraph (1) and (2), all calculated 22

through the end of the most recent payroll period 23

in the quarter. 24

406

† HR 1319 EAS

‘‘(c) QUALIFIED SICK LEAVE WAGES.—For purposes 1

of this section— 2

‘‘(1) IN GENERAL.—The term ‘qualified sick 3

leave wages’ means wages paid by an employer which 4

would be required to be paid by reason of the Emer-5

gency Paid Sick Leave Act as if such Act applied 6

after March 31, 2021. 7

‘‘(2) RULES OF APPLICATION.—For purposes of 8

determining whether wages are qualified sick leave 9

wages under paragraph (1)— 10

‘‘(A) IN GENERAL.—The Emergency Paid 11

Sick Leave Act shall be applied— 12

‘‘(i) by inserting ‘, the employee is 13

seeking or awaiting the results of a diag-14

nostic test for, or a medical diagnosis of, 15

COVID–19 and such employee has been ex-16

posed to COVID–19 or the employee’s em-17

ployer has requested such test or diagnosis, 18

or the employee is obtaining immunization 19

related to COVID–19 or recovering from 20

any injury, disability, illness, or condition 21

related to such immunization’ after ‘med-22

ical diagnosis’ in section 5102(a)(3) thereof, 23

and 24

407

† HR 1319 EAS

‘‘(ii) by applying section 5102(b)(1) of 1

such Act separately with respect to each cal-2

endar year after 2020 (and, in the case of 3

calendar year 2021, without regard to the 4

first quarter thereof). 5

‘‘(B) LEAVE MUST MEET REQUIREMENTS.— 6

If an employer fails to comply with any require-7

ment of such Act (determined without regard to 8

section 5109 thereof) with respect to paid sick 9

time (as defined in section 5110 of such Act), 10

amounts paid by such employer with respect to 11

such paid sick time shall not be taken into ac-12

count as qualified sick leave wages. For purposes 13

of the preceding sentence, an employer which 14

takes an action described in section 5104 of such 15

Act shall be treated as failing to meet a require-16

ment of such Act. 17

‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 18

PLAN EXPENSES.— 19


lowed under subsection (a) shall be increased by so 21

much of the employer’s qualified health plan expenses 22

as are properly allocable to the qualified sick leave 23

wages for which such credit is so allowed. 24

408

† HR 1319 EAS

‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For 1

purposes of this subsection, the term ‘qualified health 2

plan expenses’ means amounts paid or incurred by 3

the employer to provide and maintain a group health 4

plan (as defined in section 5000(b)(1)), but only to 5

the extent that such amounts are excluded from the 6

gross income of employees by reason of section 106(a). 7

‘‘(3) ALLOCATION RULES.—For purposes of this 8

section, qualified health plan expenses shall be allo-9

cated to qualified sick leave wages in such manner as 10

the Secretary may prescribe. Except as otherwise pro-11

vided by the Secretary, such allocation shall be treat-12

ed as properly made if made on the basis of being pro 13

rata among covered employees and pro rata on the 14

basis of periods of coverage (relative to the time peri-15

ods of leave to which such wages relate). 16

‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS PAID 17

UNDER CERTAIN COLLECTIVELY BARGAINED AGREE-18

MENTS.— 19


lowed under subsection (a) shall be increased by the 21

sum of— 22

‘‘(A) so much of the employer’s collectively 23

bargained defined benefit pension plan contribu-24

tions as are properly allocable to the qualified 25

409

† HR 1319 EAS

sick leave wages for which such credit is so al-1

lowed, plus 2

‘‘(B) so much of the employer’s collectively 3

bargained apprenticeship program contributions 4

as are properly allocable to the qualified sick 5

leave wages for which such credit is so allowed. 6

‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-7

EFIT PENSION PLAN CONTRIBUTIONS.—For purposes 8

of this subsection— 9

‘‘(A) IN GENERAL.—The term ‘collectively 10


tions’ means, with respect to any calendar quar-12

ter, contributions which— 13

‘‘(i) are paid or incurred by an em-14

ployer during the calendar quarter on be-15

half of its employees to a defined benefit 16

plan (as defined in section 414(j)), which 17

meets the requirements of section 401(a), 18

‘‘(ii) are made based on a pension con-19

tribution rate, and 20

‘‘(iii) are required to be made pursu-21

ant to the terms of a collective bargaining 22

agreement in effect with respect to such cal-23

endar quarter. 24

410

† HR 1319 EAS

‘‘(B) PENSION CONTRIBUTION RATE.—The 1

term ‘pension contribution rate’ means the con-2

tribution rate that the employer is obligated to 3

pay on behalf of its employees under the terms 4

of a collective bargaining agreement for benefits 5

under a defined benefit plan under such agree-6

ment, as such rate is applied to contribution 7

base units (as defined by section 4001(a)(11) of 8

the Employee Retirement Income Security Act of 9

1974 (29 U.S.C. 1301(a)(11)). 10

‘‘(C) ALLOCATION RULES.—The amount of 11

collectively bargained defined benefit pension 12

plan contributions allocated to qualified sick 13

leave wages for any calendar quarter shall be the 14

product of— 15

‘‘(i) the pension contribution rate (ex-16

pressed as an hourly rate), and 17

‘‘(ii) the number of hours for which 18

qualified sick leave wages were provided to 19

employees covered under the collective bar-20

gaining agreement described in subpara-21

graph (A)(iii) during the calendar quarter. 22

‘‘(3) COLLECTIVELY BARGAINED APPRENTICE-23

SHIP PROGRAM CONTRIBUTIONS.—For purposes of 24

this section— 25

411

† HR 1319 EAS


bargained apprenticeship program contributions’ 2

means, with respect to any calendar quarter, 3

contributions which— 4

‘‘(i) are paid or incurred by an em-5

ployer on behalf of its employees with re-6

spect to the calendar quarter to a registered 7

apprenticeship program, 8

‘‘(ii) are made based on an apprentice-9

ship program contribution rate, and 10

‘‘(iii) are required to be made pursu-11

ant to the terms of a collective bargaining 12

agreement that is in effect with respect to 13

such calendar quarter. 14

‘‘(B) REGISTERED APPRENTICESHIP PRO-15

GRAM.—The term ‘registered apprenticeship pro-16

gram’ means an apprenticeship registered under 17

the Act of August 16, 1937 (commonly known as 18

the ‘National Apprenticeship Act’; 50 Stat. 664, 19

chapter 663; 29 U.S.C. 50 et seq.) that meets the 20

standards of subpart A of part 29 and part 30 21

of title 29, Code of Federal Regulations. 22

‘‘(C) APPRENTICESHIP PROGRAM CONTRIBU-23

TION RATE.—The term ‘apprenticeship program 24

contribution rate’ means the contribution rate 25

412

† HR 1319 EAS

that the employer is obligated to pay on behalf 1

of its employees under the terms of a collective 2

bargaining agreement for benefits under a reg-3

istered apprenticeship program under such 4

agreement, as such rate is applied to contribu-5

tion base units (as defined by section 6

4001(a)(11) of the Employee Retirement Income 7

Security Act of 1974 (29 U.S.C. 1301(a)(11)). 8

‘‘(D) ALLOCATION RULES.—The amount of 9

collectively bargained apprenticeship program 10

contributions allocated to qualified sick leave 11

wages for any calendar quarter shall be the prod-12

uct of— 13

‘‘(i) the apprenticeship program con-14

tribution rate (expressed as an hourly rate), 15

and 16


qualified sick leave wages were provided to 18

employees covered under the collective bar-19

gaining agreement described in subpara-20

graph (A)(iii) during the calendar quarter. 21

‘‘(f) DEFINITIONS AND SPECIAL RULES.— 22

‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 23

purposes of this section, the term ‘applicable employ-24

ment taxes’ means the following: 25

413

† HR 1319 EAS

‘‘(A) The taxes imposed under section 1

3111(b). 2

‘‘(B) So much of the taxes imposed under 3

section 3221(a) as are attributable to the rate in 4

effect under section 3111(b). 5

‘‘(2) WAGES.—For purposes of this section, the 6

term ‘wages’ means wages (as defined in section 7

3121(a), determined without regard to paragraphs (1) 8

through (22) of section 3121(b)) and compensation 9

(as defined in section 3231(e), determined without re-10

gard to the sentence in paragraph (1) thereof which 11

begins ‘Such term does not include remuneration’). 12

‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-13

poses of chapter 1, the gross income of the employer, 14

for the taxable year which includes the last day of 15

any calendar quarter with respect to which a credit 16

is allowed under this section, shall be increased by the 17

amount of such credit. Any wages taken into account 18

in determining the credit allowed under this section 19

shall not be taken into account for purposes of deter-20

mining the credit allowed under sections 45A, 45P, 21

45S, 51, 3132, and 3134. In the case of any credit al-22

lowed under section 2301 of the CARES Act or sec-23

tion 41 with respect to wages taken into account 24

under this section, the credit allowed under this sec-25

414

† HR 1319 EAS

tion shall be reduced by the portion of the credit al-1

lowed under such section 2301 or section 41 which is 2

attributable to such wages. 3

‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES 4

INTO ACCOUNT.—This section shall not apply to so 5

much of the qualified sick leave wages paid by an eli-6

gible employer as such employer elects (at such time 7

and in such manner as the Secretary may prescribe) 8

to not take into account for purposes of this section. 9

‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No 10

credit shall be allowed under this section to the Gov-11

ernment of the United States or to any agency or in-12

strumentality thereof. The preceding sentence shall 13

not apply to any organization described in section 14

501(c)(1) and exempt from tax under section 501(a). 15

‘‘(6) EXTENSION OF LIMITATION ON ASSESS-16

MENT.—Notwithstanding section 6501, the limitation 17

on the time period for the assessment of any amount 18

attributable to a credit claimed under this section 19

shall not expire before the date that is 5 years after 20

the later of— 21

‘‘(A) the date on which the original return 22

which includes the calendar quarter with respect 23

to which such credit is determined is filed, or 24

415

† HR 1319 EAS

‘‘(B) the date on which such return is treat-1

ed as filed under section 6501(b)(2). 2

‘‘(7) COORDINATION WITH CERTAIN PRO-3

GRAMS.— 4

‘‘(A) IN GENERAL.—This section shall not 5

apply to so much of the qualified sick leave 6

wages paid by an eligible employer as are taken 7

into account as payroll costs in connection 8

with— 9

‘‘(i) a covered loan under section 10

7(a)(37) or 7A of the Small Business Act, 11

‘‘(ii) a grant under section 324 of the 12


nesses, Non-Profits, and Venues Act, or 14

‘‘(iii) a restaurant revitalization grant 15

under section 5003 of the American Rescue 16

Plan Act of 2021. 17

‘‘(B) APPLICATION WHERE PPP LOANS NOT 18

FORGIVEN.—The Secretary shall issue guidance 19

providing that payroll costs paid during the cov-20

ered period shall not fail to be treated as quali-21

fied sick leave wages under this section by reason 22

of subparagraph (A)(i) to the extent that— 23

‘‘(i) a covered loan of the taxpayer 24

under section 7(a)(37) of the Small Busi-25

416

† HR 1319 EAS

ness Act is not forgiven by reason of a deci-1

sion under section 7(a)(37)(J) of such Act, 2

or 3

‘‘(ii) a covered loan of the taxpayer 4

under section 7A of the Small Business Act 5

is not forgiven by reason of a decision 6

under section 7A(g) of such Act. 7

Terms used in the preceding sentence which are 8

also used in section 7A(g) or 7(a)(37)(J) of the 9

Small Business Act shall, when applied in con-10

nection with either such section, have the same 11

meaning as when used in such section, respec-12

tively. 13

‘‘(g) REGULATIONS.—The Secretary shall prescribe 14

such regulations or other guidance as may be necessary to 15

carry out the purposes of this section, including— 16

‘‘(1) regulations or other guidance to prevent the 17

avoidance of the purposes of the limitations under 18

this section, 19

‘‘(2) regulations or other guidance to minimize 20

compliance and record-keeping burdens under this 21

section, 22

‘‘(3) regulations or other guidance providing for 23

waiver of penalties for failure to deposit amounts in 24

417

† HR 1319 EAS

anticipation of the allowance of the credit allowed 1

under this section, 2

‘‘(4) regulations or other guidance for recap-3

turing the benefit of credits determined under this sec-4

tion in cases where there is a subsequent adjustment 5

to the credit determined under subsection (a), 6

‘‘(5) regulations or other guidance to ensure that 7

the wages taken into account under this section con-8

form with the paid sick time required to be provided 9

under the Emergency Paid Sick Leave Act, 10

‘‘(6) regulations or other guidance to permit the 11

advancement of the credit determined under sub-12

section (a), and 13

‘‘(7) regulations or other guidance with respect 14

to the allocation, reporting, and substantiation of col-15

lectively bargained defined benefit pension plan con-16

tributions and collectively bargained apprenticeship 17

program contributions. 18

‘‘(h) APPLICATION OF SECTION.—This section shall 19

apply only to wages paid with respect to the period begin-20

ning on April 1, 2021, and ending on September 30, 2021. 21

‘‘(i) TREATMENT OF DEPOSITS.—The Secretary shall 22

waive any penalty under section 6656 for any failure to 23

make a deposit of applicable employment taxes if the Sec-24

418

† HR 1319 EAS

retary determines that such failure was due to the anticipa-1

tion of the credit allowed under this section. 2

‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No credit 3

shall be allowed under this section to any employer for any 4

calendar quarter if such employer, with respect to the avail-5

ability of the provision of qualified sick leave wages to 6

which this section otherwise applies for such calendar quar-7

ter, discriminates in favor of highly compensated employees 8

(within the meaning of section 414(q)), full-time employees, 9

or employees on the basis of employment tenure with such 10

employer. 11

‘‘SEC. 3132. PAYROLL CREDIT FOR PAID FAMILY LEAVE. 12

‘‘(a) IN GENERAL.—In the case of an employer, there 13

shall be allowed as a credit against applicable employment 14

taxes for each calendar quarter an amount equal to 100 15

percent of the qualified family leave wages paid by such 16

employer with respect to such calendar quarter. 17


‘‘(1) WAGES TAKEN INTO ACCOUNT.—The 19

amount of qualified family leave wages taken into ac-20

count under subsection (a), plus any increases under 21

subsection (e), with respect to any individual shall 22

not exceed— 23

419

† HR 1319 EAS

‘‘(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



spect to any calendar quarter shall not exceed the ap-8

plicable employment taxes for such calendar quarter 9

(reduced by any credits allowed under section 3131) 10

on the wages paid with respect to the employment of 11

all employees of the employer. 12







6402(a) and 6413(b). 19

‘‘(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 pro-23

vided by the Secretary, up to an amount cal-24

culated under subsection (a), subject to the limits 25

420

† HR 1319 EAS

under paragraph (1) and (2), all calculated 1

through the end of the most recent payroll period 2

in the quarter. 3

‘‘(c) QUALIFIED FAMILY LEAVE WAGES.— 4

‘‘(1) IN GENERAL.—For purposes of this section, 5

the term ‘qualified family leave wages’ means wages 6

paid by an employer which would be required to be 7

paid by reason of the Emergency Family and Medical 8

Leave Expansion Act (including the amendments 9

made by such Act) as if such Act (and amendments 10

made by such Act) applied after March 31, 2021. 11

‘‘(2) RULES OF APPLICATION.— 12

‘‘(A) IN GENERAL.—For purposes of deter-13

mining whether wages are qualified family leave 14

wages under paragraph (1)— 15

‘‘(i) section 110(a)(2)(A) of the Family 16

and Medical Leave Act of 1993 shall be ap-17

plied by inserting ‘or any reason for leave 18

described in section 5102(a) of the Families 19

First Coronavirus Response Act, or the em-20

ployee is seeking or awaiting the results of 21

a diagnostic test for, or a medical diagnosis 22

of, COVID–19 and such employee has been 23

exposed to COVID–19 or the employee’s em-24

ployer has requested such test or diagnosis, 25

421

† HR 1319 EAS

or the employee is obtaining immunization 1

related to COVID–19 or recovering from 2

any injury, disability, illness, or condition 3

related to such immunization’ after ‘public 4

health emergency’, and 5

‘‘(ii) section 110(b) of such Act shall be 6

applied— 7

‘‘(I) without regard to paragraph 8

(1) thereof, 9

‘‘(II) by striking ‘after taking 10

leave after such section for 10 days’ in 11

paragraph (2)(A) thereof, and 12

‘‘(III) by substituting ‘$12,000’ 13

for ‘$10,000’ in paragraph (2)(B)(ii) 14

thereof. 15

‘‘(B) LEAVE MUST MEET REQUIREMENTS.— 16

For purposes of determining whether wages 17

would be required to be paid under paragraph 18

(1), if an employer fails to comply with any re-19

quirement of the Family and Medical Leave Act 20

of 1993 or the Emergency Family and Medical 21

Leave Expansion Act (determined without re-22

gard to any time limitation under section 23

102(a)(1)(F) of the Family and Medical Leave 24

Act of 1994) with respect to any leave provided 25

422

† HR 1319 EAS

for a qualifying need related to a public health 1

emergency (as defined in section 110 of such Act, 2

applied as described in subparagraph (A)(i)), 3

amounts paid by such employer with respect to 4

such leave shall not be taken into account as 5

qualified family leave wages. For purposes of the 6

preceding sentence, an employer which takes an 7

action described in section 105 of the Family 8

and Medical Leave Act of 1993 shall be treated 9

as failing to meet a requirement of such Act. 10

‘‘(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 11

PLAN EXPENSES.— 12



much of the employer’s qualified health plan expenses 15

as are properly allocable to the qualified family leave 16

wages for which such credit is so allowed. 17

‘‘(2) QUALIFIED HEALTH PLAN EXPENSES.—For 18

purposes of this subsection, the term ‘qualified health 19

plan expenses’ means amounts paid or incurred by 20

the employer to provide and maintain a group health 21

plan (as defined in section 5000(b)(1)), but only to 22

the extent that such amounts are excluded from the 23

gross income of employees by reason of section 106(a). 24

423

† HR 1319 EAS

‘‘(3) ALLOCATION RULES.—For purposes of this 1

section, qualified health plan expenses shall be allo-2

cated to qualified family leave wages in such manner 3

as the Secretary may prescribe. Except as otherwise 4

provided by the Secretary, such allocation shall be 5

treated as properly made if made on the basis of 6

being pro rata among covered employees and pro rata 7

on the basis of periods of coverage (relative to the 8

time periods of leave to which such wages relate). 9

‘‘(e) ALLOWANCE OF CREDIT FOR AMOUNTS PAID 10

UNDER CERTAIN COLLECTIVELY BARGAINED AGREE-11

MENTS.— 12



much of the sum of— 15

‘‘(A) so much of the employer’s collectively 16


tions as are properly allocable to the qualified 18

family leave wages for which such credit is so al-19

lowed, plus 20

‘‘(B) so much of the employer’s collectively 21

bargained apprenticeship program contributions 22

as are properly allocable to the qualified family 23

leave wages for which such credit is so allowed. 24

424

† HR 1319 EAS

‘‘(2) COLLECTIVELY BARGAINED DEFINED BEN-1

EFIT PENSION PLAN CONTRIBUTIONS.—For purposes 2

of this subsection— 3



tions’ has the meaning given such term under 6

section 3131(e)(2). 7

‘‘(B) ALLOCATION RULES.—The amount of 8

collectively bargained defined benefit pension 9

plan contributions allocated to qualified family 10

leave wages for any calendar quarter shall be the 11

product of— 12

‘‘(i) the pension contribution rate (as 13

defined in section 3131(e)(2)), expressed as 14

an hourly rate, and 15


qualified family leave wages were provided 17

to employees covered under the collective 18

bargaining agreement described in section 19

3131(e)(2)(A)(iii) during the calendar quar-20

ter. 21

‘‘(3) COLLECTIVELY BARGAINED APPRENTICE-22

SHIP PROGRAM CONTRIBUTIONS.—For purposes of 23

this section— 24

425

† HR 1319 EAS


bargained apprenticeship program contributions’ 2

has the meaning given such term under section 3

3131(e)(3). 4

‘‘(B) ALLOCATION RULES.—For purposes of 5

this section, the amount of collectively bargained 6

apprenticeship program contributions allocated 7

to qualified family leave wages for any calendar 8

quarter shall be the product of— 9

‘‘(i) the apprenticeship contribution 10

rate (as defined in section 3131(e)(3)), ex-11

pressed as an hourly rate, and 12


qualified family leave wages were provided 14

to employees covered under the collective 15

bargaining agreement described in section 16

3131(e)(3)(A)(iii) during the calendar quar-17

ter. 18

‘‘(f) DEFINITIONS AND SPECIAL RULES.— 19

‘‘(1) APPLICABLE EMPLOYMENT TAXES.—For 20

purposes of this section, the term ‘applicable employ-21

ment taxes’ means the following: 22


3111(b). 24

426

† HR 1319 EAS




‘‘(2) WAGES.—For purposes of this section, the 4

term ‘wages’ means wages (as defined in section 5

3121(a), determined without regard to paragraphs (1) 6

through (22) of section 3121(b)) and compensation 7

(as defined in section 3231(e), determined without re-8

gard to the sentence in paragraph (1) thereof which 9

begins ‘Such term does not include remuneration’). 10

‘‘(3) DENIAL OF DOUBLE BENEFIT.—For pur-11

poses of chapter 1, the gross income of the employer, 12

for the taxable year which includes the last day of 13

any calendar quarter with respect to which a credit 14

is allowed under this section, shall be increased by the 15

amount of such credit. Any wages taken into account 16

in determining the credit allowed under this section 17

shall not be taken into account for purposes of deter-18

mining the credit allowed under sections 45A, 45P, 19

45S, 51, 3131, and 3134. In the case of any credit al-20

lowed under section 2301 of the CARES Act or sec-21

tion 41 with respect to wages taken into account 22

under this section, the credit allowed under this sec-23

tion shall be reduced by the portion of the credit al-24

427

† HR 1319 EAS

lowed under such section 2301 or section 41 which is 1

attributable to such wages. 2

‘‘(4) ELECTION TO NOT TAKE CERTAIN WAGES 3

INTO ACCOUNT.—This section shall not apply to so 4

much of the qualified family leave wages paid by an 5

eligible employer as such employer elects (at such 6

time and in such manner as the Secretary may pre-7

scribe) to not take into account for purposes of this 8

section. 9

‘‘(5) CERTAIN GOVERNMENTAL EMPLOYERS.—No 10

credit shall be allowed under this section to the Gov-11

ernment of the United States or to any agency or in-12

strumentality thereof. The preceding sentence shall 13

not apply to any organization described in section 14

501(c)(1) and exempt from tax under section 501(a). 15

‘‘(6) EXTENSION OF LIMITATION ON ASSESS-16

MENT.—Notwithstanding section 6501, the limitation 17

on the time period for the assessment of any amount 18

attributable to a credit claimed under this section 19

shall not expire before the date that is 5 years after 20

the later of— 21

‘‘(A) the date on which the original return 22

which includes the calendar quarter with respect 23

to which such credit is determined is filed, or 24

428

† HR 1319 EAS

‘‘(B) the date on which such return is treat-1

ed as filed under section 6501(b)(2). 2

‘‘(7) COORDINATION WITH CERTAIN PRO-3

GRAMS.— 4

‘‘(A) IN GENERAL.—This section shall not 5

apply to so much of the qualified family leave 6

wages paid by an eligible employer as are taken 7

into account as payroll costs in connection 8

with— 9

‘‘(i) a covered loan under section 10

7(a)(37) or 7A of the Small Business Act, 11

‘‘(ii) a grant under section 324 of the 12


nesses, Non-Profits, and Venues Act, or 14

‘‘(iii) a restaurant revitalization grant 15

under section 5003 of the American Rescue 16

Plan Act of 2021. 17

‘‘(B) APPLICATION WHERE PPP LOANS NOT 18

FORGIVEN.—The Secretary shall issue guidance 19

providing that payroll costs paid during the cov-20

ered period shall not fail to be treated as quali-21

fied family leave wages under this section by 22

reason of subparagraph (A)(i) to the extent 23

that— 24

429

† HR 1319 EAS

‘‘(i) a covered loan of the taxpayer 1

under section 7(a)(37) of the Small Busi-2

ness Act is not forgiven by reason of a deci-3

sion under section 7(a)(37)(J) of such Act, 4

or 5

‘‘(ii) a covered loan of the taxpayer 6

under section 7A of the Small Business Act 7

is not forgiven by reason of a decision 8

under section 7A(g) of such Act. 9

Terms used in the preceding sentence which are 10

also used in section 7A(g) or 7(a)(37)(J) of the 11

Small Business Act shall, when applied in con-12

nection with either such section, have the same 13

meaning as when used in such section, respec-14

tively. 15

‘‘(g) REGULATIONS.—The Secretary shall prescribe 16

such regulations or other guidance as may be necessary to 17

carry out the purposes of this section, including— 18

‘‘(1) regulations or other guidance to prevent the 19

avoidance of the purposes of the limitations under 20

this section, 21

‘‘(2) regulations or other guidance to minimize 22


section, 24

430

† HR 1319 EAS

‘‘(3) regulations or other guidance providing for 1

waiver of penalties for failure to deposit amounts in 2

anticipation of the allowance of the credit allowed 3

under this section, 4

‘‘(4) regulations or other guidance for recap-5

turing the benefit of credits determined under this sec-6

tion in cases where there is a subsequent adjustment 7

to the credit determined under subsection (a), 8

‘‘(5) regulations or other guidance to ensure that 9

the wages taken into account under this section con-10

form with the paid leave required to be provided 11

under the Emergency Family and Medical Leave Ex-12

pansion Act (including the amendments made by such 13

Act), 14

‘‘(6) regulations or other guidance to permit the 15

advancement of the credit determined under sub-16

section (a), and 17

‘‘(7) regulations or other guidance with respect 18

to the allocation, reporting, and substantiation of col-19

lectively bargained defined benefit pension plan con-20

tributions and collectively bargained apprenticeship 21

program contributions. 22

‘‘(h) 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

431

† HR 1319 EAS

‘‘(i) TREATMENT OF DEPOSITS.—The Secretary shall 1


make a deposit of applicable employment taxes if the Sec-3

retary determines that such failure was due to the anticipa-4

tion of the credit allowed under this section. 5

‘‘(j) NON-DISCRIMINATION REQUIREMENT.—No credit 6

shall be allowed under this section to any employer for any 7

calendar quarter if such employer, with respect to the avail-8

ability of the provision of qualified family leave wages to 9

which this section otherwise applies for such calendar quar-10

ter, discriminates in favor of highly compensated employees 11

(within the meaning of section 414(q)), full-time employees, 12

or employees on the basis of employment tenure with such 13

employer. 14

‘‘SEC. 3133. SPECIAL RULE RELATED TO TAX ON EMPLOY-15

ERS. 16

‘‘(a) IN GENERAL.—The credit allowed by section 3131 17

and the credit allowed by section 3132 shall each be in-18

creased by the amount of the taxes imposed by subsections 19

(a) and (b) of section 3111 and section 3221(a) on qualified 20

sick leave wages, or qualified family leave wages, for which 21

credit is allowed under such section 3131 or 3132 (respec-22

tively). 23

432

† HR 1319 EAS

‘‘(b) DENIAL OF DOUBLE BENEFIT.—For denial of 1

double benefit with respect to the credit increase under sub-2

section (a), see sections 3131(f)(3) and 3132(f)(3).’’. 3

(b) REFUNDS.—Paragraph (2) of section 1324(b) of 4

title 31, United States Code, is amended by inserting ‘‘3131, 5

3132,’’ before ‘‘6428’’. 6

(c) CLERICAL AMENDMENT.—The table of subchapters 7

for chapter 21 of the Internal Revenue Code of 1986 is 8

amended by adding at the end the following new item: 9

‘‘SUBCHAPTER D—CREDITS’’.


section shall apply to amounts paid with respect to cal-11

endar quarters beginning after March 31, 2021. 12

SEC. 9642. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EM-13

PLOYED INDIVIDUALS. 14

(a) IN GENERAL.—In the case of an eligible self-em-15

ployed individual, there shall be allowed as a credit against 16

the tax imposed by chapter 1 of the Internal Revenue Code 17

of 1986 for any taxable year an amount equal to the quali-18

fied sick leave equivalent amount with respect to the indi-19

vidual. 20

(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 21


(1) IN GENERAL.—The term ‘‘eligible self-em-23

ployed individual’’ means an individual who— 24

433

† HR 1319 EAS

(A) regularly carries on any trade or busi-1

ness within the meaning of section 1402 of the 2

Internal Revenue Code of 1986, and 3

(B) would be entitled to receive paid leave 4

during the taxable year pursuant to the Emer-5

gency Paid Sick Leave Act if— 6

(i) the individual were an employee of 7

an employer (other than himself or herself), 8

and 9

(ii) such Act applied after March 31, 10

2021. 11

(2) RULES OF APPLICATION.—For purposes of 12

paragraph (1)(B), in determining whether an indi-13

vidual would be entitled to receive paid leave under 14

the Emergency Paid Sick Leave Act, such Act shall 15

be applied— 16

(A) by inserting ‘‘, the employee is seeking 17

or awaiting the results of a diagnostic test for, 18

or a medical diagnosis of, COVID–19 and such 19

employee has been exposed to COVID–19 or is 20

unable to work pending the results of such test 21

or diagnosis, or the employee is obtaining immu-22

nization related to COVID–19 or recovering from 23

any injury, disability, illness, or condition re-24

434

† HR 1319 EAS

lated to such immunization’’ after ‘‘medical di-1

agnosis’’ in section 5102(a)(3) of such Act, and 2

(B) by applying section 5102(b)(1) of such 3

Act separately with respect to each taxable year. 4

(c) QUALIFIED SICK LEAVE EQUIVALENT AMOUNT.— 5

For purposes of this section— 6

(1) IN GENERAL.—The term ‘‘qualified sick leave 7

equivalent amount’’ means, with respect to any eligi-8

ble self-employed individual, an amount equal to— 9

(A) the number of days during the taxable 10

year (but not more than 10) that the individual 11

is unable to perform services in any trade or 12

business referred to in section 1402 of the Inter-13

nal Revenue Code of 1986 for a reason with re-14

spect to which such individual would be entitled 15

to receive sick leave as described in subsection 16

(b), multiplied by 17

(B) the lesser of— 18

(i) $200 ($511 in the case of any day 19

of paid sick time described in paragraph 20

(1), (2), or (3) of section 5102(a) of the 21

Emergency Paid Sick Leave Act, applied 22

with the modification described in sub-23

section (b)(2)(A)) of this section, or 24

435

† HR 1319 EAS

(ii) 67 percent (100 percent in the case 1

of any day of paid sick time described in 2

paragraph (1), (2), or (3) of section 5102(a) 3

of the Emergency Paid Sick Leave Act) of 4

the average daily self-employment income of 5

the individual for the taxable year. 6

(2) AVERAGE DAILY SELF-EMPLOYMENT IN-7

COME.—For purposes of this subsection, the term ‘‘av-8

erage daily self-employment income’’ means an 9

amount equal to— 10

(A) the net earnings from self-employment 11

of the individual for the taxable year, divided by 12

(B) 260. 13

(3) ELECTION TO USE PRIOR YEAR NET EARN-14

INGS FROM SELF-EMPLOYMENT INCOME.—In the case 15

of an individual who elects (at such time and in such 16

manner as the Secretary may provide) the applica-17

tion of this paragraph, paragraph (2)(A) shall be ap-18

plied by substituting ‘‘the prior taxable year’’ for ‘‘the 19

taxable year’’. 20

(4) ELECTION TO NOT TAKE DAYS INTO AC-21

COUNT.—Any day shall not be taken into account 22

under paragraph (1)(A) if the eligible self-employed 23

individual elects (at such time and in such manner 24

436

† HR 1319 EAS

as the Secretary may prescribe) to not take such day 1

into account for purposes of such paragraph. 2

(d) CREDIT REFUNDABLE.— 3

(1) IN GENERAL.—The credit determined under 4

this section shall be treated as a credit allowed to the 5

taxpayer under subpart C of part IV of subchapter A 6

of chapter 1 of such Code. 7


section 1324 of title 31, United States Code, any re-9

fund due from the credit determined under this sec-10

tion shall be treated in the same manner as a refund 11

due from a credit provision referred to in subsection 12

(b)(2) of such section. 13

(e) SPECIAL RULES.— 14

(1) DOCUMENTATION.—No credit shall be al-15

lowed under this section unless the individual main-16

tains such documentation as the Secretary may pre-17

scribe to establish such individual as an eligible self- 18

employed individual. 19

(2) DENIAL OF DOUBLE BENEFIT.—In the case of 20

an individual who receives wages (as defined in sec-21

tion 3121(a) of the Internal Revenue Code of 1986) 22

or compensation (as defined in section 3231(e) of such 23

Code) paid by an employer which are required to be 24

paid by reason of the Emergency Paid Sick Leave 25

437

† HR 1319 EAS

Act, the qualified sick leave equivalent amount other-1

wise determined under subsection (c) of this section 2

shall be reduced (but not below zero) to the extent that 3

the sum of the amount described in such subsection 4

and in section 3131(b)(1) of such Code exceeds $2,000 5

($5,110 in the case of any day any portion of which 6

is paid sick time described in paragraph (1), (2), or 7

(3) of section 5102(a) of the Emergency Paid Sick 8

Leave Act). 9

(f) APPLICATION OF SECTION.—Only days occurring 10

during the period beginning on April 1, 2021, and ending 11

on September 30, 2021, may be taken into account under 12

subsection (c)(1)(A). 13

(g) APPLICATION OF CREDIT IN CERTAIN POSSES-14

SIONS.— 15



possession of the United States which has a mirror 18

code tax system amounts equal to the loss (if any) to 19

that possession by reason of the application of the 20

provisions of this section. Such amounts shall be de-21

termined by the Secretary based on information pro-22

vided by the government of the respective possession. 23



438

† HR 1319 EAS



the aggregate benefits (if any) that would have been 3

provided to residents of such possession by reason of 4

the provisions of this section if a mirror code tax sys-5

tem had been in effect in such possession. The pre-6

ceding sentence shall not apply unless the respective 7

possession has a plan, which has been approved by 8

the Secretary, under which such possession will 9















439

† HR 1319 EAS

(h) REGULATIONS.—The Secretary shall prescribe such 1

regulations or other guidance as may be necessary to carry 2

out the purposes of this section, including— 3

(1) regulations or other guidance to effectuate the 4

purposes of this section, and 5

(2) regulations or other guidance to minimize 6


section. 8

SEC. 9643. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF- 9

EMPLOYED INDIVIDUALS. 10

(a) IN GENERAL.—In the case of an eligible self-em-11

ployed individual, there shall be allowed as a credit against 12

the tax imposed by chapter 1 of the Internal Revenue Code 13

of 1986 for any taxable year an amount equal to 100 per-14

cent of the qualified family leave equivalent amount with 15

respect to the individual. 16

(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 17


(1) IN GENERAL.—The term ‘‘eligible self-em-19

ployed individual’’ means an individual who— 20

(A) regularly carries on any trade or busi-21

ness within the meaning of section 1402 of the 22

Internal Revenue Code of 1986, and 23

(B) would be entitled to receive paid leave 24

during the taxable year pursuant to the Emer-25

440

† HR 1319 EAS

gency Family and Medical Leave Expansion Act 1

if— 2

(i) the individual were an employee of 3

an employer (other than himself or herself), 4

(ii) section 102(a)(1)(F) of the Family 5

and Medical Leave Act of 1993 applied 6

after March 31, 2021. 7

(2) RULES OF APPLICATION.—For purposes of 8

paragraph (1)(B), in determining whether an indi-9

vidual would be entitled to receive paid leave under 10

the Emergency Family and Medical Leave Act— 11

(A) section 110(a)(2)(A) of the Family and 12

Medical Leave Act of 1993 shall be applied by 13

inserting ‘‘or any reason for leave described in 14

section 5102(a) of the Families First 15

Coronavirus Response Act, or the employee is 16

seeking or awaiting the results of a diagnostic 17

test for, or a medical diagnosis of, COVID–19 18

and such employee has been exposed to COVID– 19

19 or is unable to work pending the results of 20

such test or diagnosis, or the employee is obtain-21

ing immunization related to COVID–19 or re-22

covering from any injury, disability, illness, or 23

condition related to such immunization’’ after 24

‘‘public health emergency’’, and 25

441

† HR 1319 EAS

(B) section 110(b) of such Act shall be ap-1

plied— 2

(i) without regard to paragraph (1) 3

thereof, and 4

(ii) by striking ‘‘after taking leave 5

after such section for 10 days’’ in para-6

graph (2)(A) thereof. 7

(c) QUALIFIED FAMILY LEAVE EQUIVALENT 8

AMOUNT.—For purposes of this section— 9

(1) IN GENERAL.—The term ‘‘qualified family 10

leave equivalent amount’’ means, with respect to any 11

eligible self-employed individual, an amount equal to 12

the product of— 13

(A) the number of days (not to exceed 60) 14

during the taxable year that the individual is 15

unable to perform services in any trade or busi-16

ness referred to in section 1402 of the Internal 17

Revenue Code of 1986 for a reason with respect 18

to which such individual would be entitled to re-19

ceive paid leave as described in subsection (b) of 20

this section, multiplied by 21

(B) the lesser of— 22

(i) 67 percent of the average daily self- 23

employment income of the individual for the 24

taxable year, or 25

442

† HR 1319 EAS

(ii) $200. 1

(2) AVERAGE DAILY SELF-EMPLOYMENT IN-2

COME.—For purposes of this subsection, the term ‘‘av-3

erage daily self-employment income’’ means an 4

amount equal to— 5

(A) the net earnings from self-employment 6

income of the individual for the taxable year, di-7

vided by 8

(B) 260. 9

(3) ELECTION TO USE PRIOR YEAR NET EARN-10

INGS FROM SELF-EMPLOYMENT INCOME.—In the case 11

of an individual who elects (at such time and in such 12

manner as the Secretary may provide) the applica-13

tion of this paragraph, paragraph (2)(A) shall be ap-14

plied by substituting ‘‘the prior taxable year’’ for ‘‘the 15

taxable year’’. 16

(4) COORDINATION WITH CREDIT FOR SICK 17

LEAVE.—Any day taken into account in determining 18

the qualified sick leave equivalent amount with re-19

spect to any eligible-self employed individual under 20

section 9642 shall not be take into account in deter-21

mining the qualified family leave equivalent amount 22

with respect to such individual under this section. 23

(d) CREDIT REFUNDABLE.— 24

443

† HR 1319 EAS

(1) IN GENERAL.—The credit determined under 1

this section shall be treated as a credit allowed to the 2

taxpayer under subpart C of part IV of subchapter A 3

of chapter 1 of such Code. 4


section 1324 of title 31, United States Code, any re-6

fund due from the credit determined under this sec-7

tion shall be treated in the same manner as a refund 8

due from a credit provision referred to in subsection 9

(b)(2) of such section. 10

(e) SPECIAL RULES.— 11

(1) DOCUMENTATION.—No credit shall be al-12

lowed under this section unless the individual main-13

tains such documentation as the Secretary may pre-14

scribe to establish such individual as an eligible self- 15

employed individual. 16

(2) DENIAL OF DOUBLE BENEFIT.—In the case of 17

an individual who receives wages (as defined in sec-18

tion 3121(a) of the Internal Revenue Code of 1986) 19

or compensation (as defined in section 3231(e) of such 20

Code) paid by an employer which are required to be 21

paid by reason of the Emergency Family and Medical 22

Leave Expansion Act, the qualified family leave 23

equivalent amount otherwise described in subsection 24

(c) of this section shall be reduced (but not below zero) 25

444

† HR 1319 EAS

to the extent that the sum of the amount described in 1

such subsection and in section 3132(b)(1) of such 2

Code exceeds $12,000. 3

(3) REFERENCES TO EMERGENCY FAMILY AND 4

MEDICAL LEAVE EXPANSION ACT.—Any reference in 5

this section to the Emergency Family and Medical 6

Leave Expansion Act shall be treated as including a 7

reference to the amendments made by such Act. 8

(f) APPLICATION OF SECTION.—Only days occurring 9

during the period beginning on April 1, 2021 and ending 10

on September 30, 2021, may be taken into account under 11

subsection (c)(1)(A). 12

(g) APPLICATION OF CREDIT IN CERTAIN POSSES-13

SIONS.— 14



possession of the United States which has a mirror 17

code tax system amounts equal to the loss (if any) to 18

that possession by reason of the application of the 19

provisions of this section. Such amounts shall be de-20

termined by the Secretary based on information pro-21

vided by the government of the respective possession. 22




445

† HR 1319 EAS


the aggregate benefits (if any) that would have been 2

provided to residents of such possession by reason of 3

the provisions of this section if a mirror code tax sys-4

tem had been in effect in such possession. The pre-5

ceding sentence shall not apply unless the respective 6

possession has a plan, which has been approved by 7

the Secretary, under which such possession will 8















(h) REGULATIONS.—The Secretary shall prescribe such 23

regulations or other guidance as may be necessary to carry 24

out the purposes of this section, including— 25

446

† HR 1319 EAS

(1) regulations or other guidance to prevent the 1

avoidance of the purposes of this section, and 2

(2) regulations or other guidance to minimize 3


section. 5

PART 6—EMPLOYEE RETENTION CREDIT 6

SEC. 9651. EXTENSION OF EMPLOYEE RETENTION CREDIT. 7

(a) IN GENERAL.—Subchapter D of chapter 21 of sub-8

title C of the Internal Revenue Code of 1986, as added by 9

section 9641, is amended by adding at the end the following: 10

‘‘SEC. 3134. EMPLOYEE RETENTION CREDIT FOR EMPLOY-11

ERS SUBJECT TO CLOSURE DUE TO COVID–19. 12

‘‘(a) IN GENERAL.—In the case of an eligible employer, 13

there shall be allowed as a credit against applicable employ-14

ment taxes for each calendar quarter an amount equal to 15

70 percent of the qualified wages with respect to each em-16

ployee of such employer for such calendar quarter. 17


‘‘(1) IN GENERAL.— 19

‘‘(A) WAGES TAKEN INTO ACCOUNT.—The 20

amount of qualified wages with respect to any 21

employee which may be taken into account under 22

subsection (a) by the eligible employer for any 23

calendar quarter shall not exceed $10,000. 24

447

† HR 1319 EAS

‘‘(B) RECOVERY STARTUP BUSINESSES.—In 1

the case of an eligible employer which is a recov-2

ery startup business (as defined in subsection 3

(c)(5)), the amount of the credit allowed under 4

subsection (a) (after application of subparagraph 5

(A)) for any calendar quarter shall not exceed 6

$50,000. 7

‘‘(2) CREDIT LIMITED TO EMPLOYMENT TAXES.— 8

The credit allowed by subsection (a) with respect to 9

any calendar quarter shall not exceed the applicable 10

employment taxes (reduced by any credits allowed 11

under sections 3131 and 3132) on the wages paid 12

with respect to the employment of all the employees 13

of the eligible employer for such calendar quarter. 14

‘‘(3) REFUNDABILITY OF EXCESS CREDIT.—If the 15

amount of the credit under subsection (a) exceeds the 16

limitation of paragraph (2) for any calendar quarter, 17

such excess shall be treated as an overpayment that 18

shall be refunded under sections 6402(a) and 6413(b). 19

‘‘(c) DEFINITIONS.—For purposes of this section— 20

‘‘(1) APPLICABLE EMPLOYMENT TAXES.—The 21

term ‘applicable employment taxes’ means the fol-22

lowing: 23


3111(b). 25

448

† HR 1319 EAS




‘‘(2) ELIGIBLE EMPLOYER.— 4

‘‘(A) IN GENERAL.—The term ‘eligible em-5

ployer’ means any employer— 6

‘‘(i) which was carrying on a trade or 7

business during the calendar quarter for 8

which the credit is determined under sub-9

section (a), and 10

‘‘(ii) with respect to any calendar 11

quarter, for which— 12

‘‘(I) the operation of the trade or 13

business described in clause (i) is fully 14

or partially suspended during the cal-15

endar quarter due to orders from an 16

appropriate governmental authority 17

limiting commerce, travel, or group 18

meetings (for commercial, social, reli-19

gious, or other purposes) due to the 20

coronavirus disease 2019 (COVID–19), 21

‘‘(II) the gross receipts (within the 22

meaning of section 448(c)) of such em-23

ployer for such calendar quarter are 24

less than 80 percent of the gross re-25

449

† HR 1319 EAS

ceipts of such employer for the same 1

calendar quarter in calendar year 2

2019, or 3

‘‘(III) the employer is a recovery 4

startup business (as defined in para-5

graph (5)). 6

With respect to any employer for any cal-7

endar quarter, if such employer was not in 8

existence as of the beginning of the same 9

calendar quarter in calendar year 2019, 10

clause (ii)(II) shall be applied by sub-11

stituting ‘2020’ for ‘2019’. 12

‘‘(B) ELECTION TO USE ALTERNATIVE 13

QUARTER.—At the election of the employer— 14

‘‘(i) subparagraph (A)(ii)(II) shall be 15

applied— 16

‘‘(I) by substituting ‘for the imme-17

diately preceding calendar quarter’ for 18

‘for such calendar quarter’, and 19

‘‘(II) by substituting ‘the cor-20

responding calendar quarter in cal-21

endar year 2019’ for ‘the same cal-22

endar quarter in calendar year 2019’, 23

and 24

450

† HR 1319 EAS

‘‘(ii) the last sentence of subparagraph 1

(A) shall be applied by substituting ‘the cor-2

responding calendar quarter in calendar 3

year 2019’ for ‘the same calendar quarter in 4

calendar year 2019’. 5

An election under this subparagraph shall be 6

made at such time and in such manner as the 7

Secretary shall prescribe. 8

‘‘(C) TAX-EXEMPT ORGANIZATIONS.—In the 9

case of an organization which is described in sec-10

tion 501(c) and exempt from tax under section 11

501(a)— 12

‘‘(i) clauses (i) and (ii)(I) of subpara-13

graph (A) shall apply to all operations of 14

such organization, and 15

‘‘(ii) any reference in this section to 16

gross receipts shall be treated as a reference 17

to gross receipts within the meaning of sec-18

tion 6033. 19

‘‘(3) QUALIFIED WAGES.— 20

‘‘(A) IN GENERAL.—The term ‘qualified 21

wages’ means— 22

‘‘(i) in the case of an eligible employer 23

for which the average number of full-time 24

employees (within the meaning of section 25

451

† HR 1319 EAS

4980H) employed by such eligible employer 1

during 2019 was greater than 500, wages 2

paid by such eligible employer with respect 3

to which an employee is not providing serv-4

ices due to circumstances described in sub-5

clause (I) or (II) of paragraph (2)(A)(ii), or 6

‘‘(ii) in the case of an eligible employer 7

for which the average number of full-time 8

employees (within the meaning of section 9

4980H) employed by such eligible employer 10

during 2019 was not greater than 500— 11

‘‘(I) with respect to an eligible 12

employer described in subclause (I) of 13

paragraph (2)(A)(ii), wages paid by 14

such eligible employer with respect to 15

an employee during any period de-16

scribed in such clause, or 17

‘‘(II) with respect to an eligible 18

employer described in subclause (II) of 19

such paragraph, wages paid by such el-20

igible employer with respect to an em-21

ployee during such quarter. 22

‘‘(B) SPECIAL RULE FOR EMPLOYERS NOT 23

IN EXISTENCE IN 2019.—In the case of any em-24

ployer that was not in existence in 2019, sub-25

452

† HR 1319 EAS

paragraph (A) shall be applied by substituting 1

‘2020’ for ‘2019’ each place it appears. 2

‘‘(C) SEVERELY FINANCIALLY DISTRESSED 3

EMPLOYERS.— 4

‘‘(i) IN GENERAL.—Notwithstanding 5

subparagraph (A)(i), in the case of a se-6

verely financially distressed employer, the 7

term ‘qualified wages’ means wages paid by 8

such employer with respect to an employee 9

during any calendar quarter. 10

‘‘(ii) DEFINITION.—The term ‘severely 11

financially distressed employer’ means an 12

eligible employer as defined in paragraph 13

(2), determined by substituting ‘less than 10 14

percent’ for ‘less than 80 percent’ in sub-15

paragraph (A)(ii)(II) thereof. 16

‘‘(D) EXCEPTION.—The term ‘qualified 17

wages’ shall not include any wages taken into 18

account under sections 41, 45A, 45P, 45S, 51, 19

1396, 3131, and 3132. 20

‘‘(4) WAGES.— 21

‘‘(A) IN GENERAL.—The term ‘wages’ means 22

wages (as defined in section 3121(a)) and com-23

pensation (as defined in section 3231(e)). For 24

purposes of the preceding sentence, in the case of 25

453

† HR 1319 EAS

any organization or entity described in sub-1

section (f)(2), wages as defined in section 2

3121(a) shall be determined without regard to 3

paragraphs (5), (6), (7), (10), and (13) of section 4

3121(b) (except with respect to services per-5

formed in a penal institution by an inmate 6

thereof). 7

‘‘(B) ALLOWANCE FOR CERTAIN HEALTH 8

PLAN EXPENSES.— 9

‘‘(i) IN GENERAL.—Such term shall in-10

clude amounts paid by the eligible employer 11

to provide and maintain a group health 12

plan (as defined in section 5000(b)(1)), but 13

only to the extent that such amounts are ex-14

cluded from the gross income of employees 15

by reason of section 106(a). 16

‘‘(ii) ALLOCATION RULES.—For pur-17

poses of this section, amounts treated as 18

wages under clause (i) shall be treated as 19

paid with respect to any employee (and 20

with respect to any period) to the extent 21

that such amounts are properly allocable to 22

such employee (and to such period) in such 23

manner as the Secretary may prescribe. Ex-24

cept as otherwise provided by the Secretary, 25

454

† HR 1319 EAS

such allocation shall be treated as properly 1

made if made on the basis of being pro rata 2

among periods of coverage. 3

‘‘(5) RECOVERY STARTUP BUSINESS.—The term 4

‘recovery startup business’ means any employer— 5

‘‘(A) which began carrying on any trade or 6

business after February 15, 2020, 7

‘‘(B) for which the average annual gross re-8

ceipts of such employer (as determined under 9

rules similar to the rules under section 10

448(c)(3)) for the 3-taxable-year period ending 11

with the taxable year which precedes the cal-12

endar quarter for which the credit is determined 13

under subsection (a) does not exceed $1,000,000, 14

and 15

‘‘(C) which, with respect to such calendar 16

quarter, is not described in subclause (I) or (II) 17

of paragraph (2)(A)(ii). 18

‘‘(6) OTHER TERMS.—Any term used in this sec-19

tion which is also used in this chapter or chapter 22 20

shall have the same meaning as when used in such 21

chapter. 22

‘‘(d) AGGREGATION RULE.—All persons treated as a 23

single employer under subsection (a) or (b) of section 52, 24

455

† HR 1319 EAS

or subsection (m) or (o) of section 414, shall be treated as 1

one employer for purposes of this section. 2

‘‘(e) CERTAIN RULES TO APPLY.—For purposes of this 3

section, rules similar to the rules of sections 51(i)(1) and 4

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

456

† HR 1319 EAS

In the case of any entity described in subpara-1

graph (B), such entity shall be treated as satis-2

fying the requirements of subsection (c)(2)(A)(i). 3

‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO 4

ACCOUNT.—This section shall not apply to so much of the 5

qualified wages paid by an eligible employer as such em-6

ployer elects (at such time and in such manner as the Sec-7

retary may prescribe) to not take into account for purposes 8

of this section. 9

‘‘(h) COORDINATION WITH CERTAIN PROGRAMS.— 10

‘‘(1) IN GENERAL.—This section shall not apply 11

to so much of the qualified wages paid by an eligible 12

employer as are taken into account as payroll costs 13

in connection with— 14

‘‘(A) a covered loan under section 7(a)(37) 15

or 7A of the Small Business Act, 16

‘‘(B) a grant under section 324 of the Eco-17

nomic Aid to Hard-Hit Small Businesses, Non- 18

Profits, and Venues Act, or 19

‘‘(C) a restaurant revitalization grant 20

under section 5003 of the American Rescue Plan 21

Act of 2021. 22

‘‘(2) APPLICATION WHERE PPP LOANS NOT FOR-23

GIVEN.—The Secretary shall issue guidance providing 24

that payroll costs paid during the covered period shall 25

457

† HR 1319 EAS

not fail to be treated as qualified wages under this 1

section by reason of paragraph (1) to the extent 2

that— 3

‘‘(A) a covered loan of the taxpayer under 4

section 7(a)(37) of the Small Business Act is not 5

forgiven by reason of a decision under section 6

7(a)(37)(J) of such Act, or 7

‘‘(B) a covered loan of the taxpayer under 8

section 7A of the Small Business Act is not for-9

given by reason of a decision under section 7A(g) 10

of such Act. 11

Terms used in the preceding sentence which are also 12

used in section 7A(g) or 7(a)(37)(J) of the Small 13

Business Act shall, when applied in connection with 14

either such section, have the same meaning as when 15

used in such section, respectively. 16

‘‘(i) THIRD PARTY PAYORS.—Any credit allowed 17

under this section shall be treated as a credit described in 18

section 3511(d)(2). 19

‘‘(j) ADVANCE PAYMENTS.— 20

‘‘(1) IN GENERAL.—Except as provided in para-21

graph (2), no advance payment of the credit under 22

subsection (a) shall be allowed. 23

‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOY-24

ERS.— 25

458

† HR 1319 EAS

‘‘(A) IN GENERAL.—Under rules provided 1

by the Secretary, an eligible employer for which 2

the average number of full-time employees (with-3

in the meaning of section 4980H) employed by 4

such eligible employer during 2019 was not 5

greater than 500 may elect for any calendar 6

quarter to receive an advance payment of the 7

credit under subsection (a) for such quarter in 8

an amount not to exceed 70 percent of the aver-9

age quarterly wages paid by the employer in cal-10

endar year 2019. 11

‘‘(B) SPECIAL RULE FOR SEASONAL EM-12

PLOYERS.—In the case of any employer who em-13

ploys seasonal workers (as defined in section 14

45R(d)(5)(B)), the employer may elect to apply 15

subparagraph (A) by substituting ‘the wages for 16

the calendar quarter in 2019 which corresponds 17

to the calendar quarter to which the election re-18

lates’ for ‘the average quarterly wages paid by 19

the employer in calendar year 2019’. 20

‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT 21

IN EXISTENCE IN 2019.—In the case of any em-22

ployer that was not in existence in 2019, sub-23

paragraphs (A) and (B) shall each be applied by 24

459

† HR 1319 EAS

substituting ‘2020’ for ‘2019’ each place it ap-1

pears. 2

‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE 3

PAYMENTS.— 4

‘‘(A) IN GENERAL.—The amount of credit 5

which would (but for this subsection) be allowed 6

under this section shall be reduced (but not below 7

zero) by the aggregate payment allowed to the 8

taxpayer under paragraph (2). Any failure to so 9

reduce the credit shall be treated as arising out 10

of a mathematical or clerical error and assessed 11

according to section 6213(b)(1). 12

‘‘(B) EXCESS ADVANCE PAYMENTS.—If the 13

advance payments to a taxpayer under para-14

graph (2) for a calendar quarter exceed the cred-15

it allowed by this section (determined without re-16

gard to subparagraph (A)), the tax imposed 17

under section 3111(b) or so much of the tax im-18

posed under section 3221(a) as is attributable to 19

the rate in effect under section 3111(b) (which-20

ever is applicable) for the calendar quarter shall 21

be increased by the amount of such excess. 22

‘‘(k) TREATMENT OF DEPOSITS.—The Secretary shall 23


make a deposit of any applicable employment taxes if the 25

460

† HR 1319 EAS

Secretary determines that such failure was due to the rea-1

sonable anticipation of the credit allowed under this section. 2

‘‘(l) EXTENSION OF LIMITATION ON ASSESSMENT.— 3

Notwithstanding section 6501, the limitation on the time 4

period for the assessment of any amount attributable to a 5

credit claimed under this section shall not expire before the 6

date that is 5 years after the later of— 7

‘‘(1) the date on which the original return which 8

includes the calendar quarter with respect to which 9

such credit is determined is filed, or 10

‘‘(2) the date on which such return is treated as 11

filed under section 6501(b)(2). 12

‘‘(m) REGULATIONS AND GUIDANCE.—The Secretary 13

shall issue such forms, instructions, regulations, and other 14

guidance as are necessary— 15

‘‘(1) to allow the advance payment of the credit 16

under subsection (a) as provided in subsection (j)(2), 17

subject to the limitations provided in this section, 18

based on such information as the Secretary shall re-19

quire, 20

‘‘(2) with respect to the application of the credit 21

under subsection (a) to third party payors (including 22

professional employer organizations, certified profes-23

sional employer organizations, or agents under sec-24

tion 3504), including regulations or guidance allow-25

461

† HR 1319 EAS

ing such payors to submit documentation necessary to 1

substantiate the eligible employer status of employers 2

that use such payors, and 3

‘‘(3) to prevent the avoidance of the purposes of 4

the limitations under this section, including through 5

the leaseback of employees. 6

Any forms, instructions, regulations, or other guidance de-7

scribed in paragraph (2) shall require the customer to be 8

responsible for the accounting of the credit and for any li-9

ability for improperly claimed credits and shall require the 10

certified professional employer organization or other third 11

party payor to accurately report such tax credits based on 12

the information provided by the customer. 13

‘‘(n) APPLICATION.—This section shall only apply to 14

wages paid after June 30, 2021, and before January 1, 15

2022.’’. 16

(b) REFUNDS.—Paragraph (2) of section 1324(b) of 17

title 31, United States Code, is amended by inserting 18

‘‘3134,’’ before ‘‘6428’’. 19

(c) CLERICAL AMENDMENT.—The table of sections for 20

subchapter D of chapter 21 of subtitle C of the Internal Rev-21

enue Code of 1986 is amended by adding at the end the 22

following: 23

‘‘Sec. 3134. Employee retention credit for employers subject to closure due to

COVID–19.’’.

462

† HR 1319 EAS


section shall apply to calendar quarters beginning after 2

June 30, 2021. 3

PART 7—PREMIUM TAX CREDIT 4

SEC. 9661. IMPROVING AFFORDABILITY BY EXPANDING 5

PREMIUM ASSISTANCE FOR CONSUMERS. 6

(a) IN GENERAL.—Section 36B(b)(3)(A) of the Inter-7

nal Revenue Code of 1986 is amended by adding at the end 8

the following new clause: 9

‘‘(iii) TEMPORARY PERCENTAGES FOR 10

2021 AND 2022.—In the case of a taxable 11

year beginning in 2021 or 2022— 12

‘‘(I) clause (ii) shall not apply for 13

purposes of adjusting premium per-14

centages under this subparagraph, and 15

‘‘(II) the following table shall be 16

applied in lieu of the table contained 17

in clause (i): 18

‘‘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’’.

463

† HR 1319 EAS

(b) CONFORMING AMENDMENT.—Section 36B(c)(1) of 1

the Internal Revenue Code of 1986 is amended by adding 2

at the end the following new subparagraph: 3

‘‘(E) TEMPORARY RULE FOR 2021 AND 4

2022.—In the case of a taxable year beginning 5

in 2021 or 2022, subparagraph (A) shall be ap-6

plied without regard to ‘but does not exceed 400 7

percent’.’’. 8



ber 31, 2020. 11

SEC. 9662. TEMPORARY MODIFICATION OF LIMITATIONS ON 12

RECONCILIATION OF TAX CREDITS FOR COV-13

ERAGE UNDER A QUALIFIED HEALTH PLAN 14

WITH ADVANCE PAYMENTS OF SUCH CREDIT. 15

(a) IN GENERAL.—Section 36B(f)(2)(B) of the Inter-16

nal Revenue Code of 1986 is amended by adding at the end 17

the following new clause: 18

‘‘(iii) TEMPORARY MODIFICATION OF 19

LIMITATION ON INCREASE.—In the case of 20

any taxable year beginning in 2020, for 21

any taxpayer who files for such taxable year 22

an income tax return reconciling any ad-23

vance payment of the credit under this sec-24

464

† HR 1319 EAS

tion, the Secretary shall treat subparagraph 1

(A) as not applying.’’. 2



ber 31, 2019. 5

SEC. 9663. APPLICATION OF PREMIUM TAX CREDIT IN CASE 6

OF INDIVIDUALS RECEIVING UNEMPLOY-7

MENT COMPENSATION DURING 2021. 8

(a) IN GENERAL.—Section 36B of the Internal Rev-9

enue Code of 1986 is amended by redesignating subsection 10

(g) as subsection (h) and by inserting after subsection (f) 11

the following new subsection: 12

‘‘(g) SPECIAL RULE FOR INDIVIDUALS WHO RECEIVE 13

UNEMPLOYMENT COMPENSATION DURING 2021.— 14


in the case of a taxpayer who has received, or has 16

been approved to receive, unemployment compensa-17

tion for any week beginning during 2021, for the tax-18

able year in which such week begins— 19

‘‘(A) such taxpayer shall be treated as an 20

applicable taxpayer, and 21

‘‘(B) there shall not be taken into account 22

any household income of the taxpayer in excess 23

of 133 percent of the poverty line for a family 24

of the size involved. 25

465

† HR 1319 EAS

‘‘(2) UNEMPLOYMENT COMPENSATION.—For pur-1

poses of this subsection, the term ‘unemployment com-2

pensation’ has the meaning given such term in section 3

85(b). 4

‘‘(3) EVIDENCE OF UNEMPLOYMENT COMPENSA-5

TION.—For purposes of this subsection, a taxpayer 6

shall not be treated as having received (or been ap-7

proved to receive) unemployment compensation for 8

any week unless such taxpayer provides self-attesta-9

tion of, and such documentation as the Secretary 10

shall prescribe which demonstrates, such receipt or 11

approval. 12

‘‘(4) CLARIFICATION OF RULES REMAINING AP-13

PLICABLE.— 14

‘‘(A) JOINT RETURN REQUIREMENT.—Para-15

graph (1)(A) shall not affect the application of 16

subsection (c)(1)(C). 17

‘‘(B) HOUSEHOLD INCOME AND 18

AFFORDABILLITY.—Paragraph (1)(B) shall not 19

apply to any determination of household income 20

for purposes of paragraph (2)(C)(i)(II) or 21

(4)(C)(ii) of subsection (c)’’. 22



ber 31, 2020. 25

466

† HR 1319 EAS

PART 8—MISCELLANEOUS PROVISIONS 1

SEC. 9671. REPEAL OF ELECTION TO ALLOCATE INTEREST, 2

ETC. ON WORLDWIDE BASIS. 3


Code of 1986 is amended by striking subsection (f). 5



ber 31, 2020. 8

SEC. 9672. TAX TREATMENT OF TARGETED EIDL ADVANCES. 9

For purposes of the Internal Revenue Code of 1986— 10

(1) amounts received from the Administrator of 11

the Small Business Administration in the form of a 12

targeted EIDL advance under section 331 of the Eco-13

nomic Aid to Hard-Hit Small Businesses, Nonprofits, 14

and Venues Act (title III of division N of Public Law 15

116–260) shall not be included in the gross income of 16

the person that receives such amounts, 17

(2) no deduction shall be denied, no tax attribute 18

shall be reduced, and no basis increase shall be de-19

nied, by reason of the exclusion from gross income 20

provided by paragraph (1), and 21

(3) in the case of a partnership or S corporation 22

that receives such amounts— 23

(A) any amount excluded from income by 24

reason of paragraph (1) shall be treated as tax 25

467

† HR 1319 EAS

exempt income for purposes of sections 705 and 1

1366 of the Internal Revenue Code of 1986, and 2

(B) the Secretary of the Treasury (or the 3

Secretary’s delegate) shall prescribe rules for de-4

termining a partner’s distributive share of any 5

amount described in subparagraph (A) for pur-6

poses of section 705 of the Internal Revenue Code 7

of 1986. 8

SEC. 9673. TAX TREATMENT OF RESTAURANT REVITALIZA-9

TION GRANTS. 10

For purposes of the Internal Revenue Code of 1986— 11

(1) amounts received from the Administrator of 12

the Small Business Administration in the form of a 13

restaurant revitalization grant under section 5003 14

shall not be included in the gross income of the person 15

that receives such amounts, 16

(2) no deduction shall be denied, no tax attribute 17

shall be reduced, and no basis increase shall be de-18

nied, by reason of the exclusion from gross income 19

provided by paragraph (1), and 20

(3) in the case of a partnership or S corporation 21

that receives such amounts— 22

(A) except as otherwise provided by the Sec-23

retary of the Treasury (or the Secretary’s dele-24

gate), any amount excluded from income by rea-25

468

† HR 1319 EAS

son of paragraph (1) shall be treated as tax ex-1

empt income for purposes of sections 705 and 2

1366 of the Internal Revenue Code of 1986, and 3

(B) the Secretary of the Treasury (or the 4

Secretary’s delegate) shall prescribe rules for de-5

termining a partner’s distributive share of any 6

amount described in subparagraph (A) for pur-7

poses of section 705 of the Internal Revenue Code 8

of 1986. 9

SEC. 9674. MODIFICATION OF EXCEPTIONS FOR REPORTING 10

OF THIRD PARTY NETWORK TRANSACTIONS. 11

(a) IN GENERAL.—Section 6050W(e) of the Internal 12

Revenue Code of 1986 is amended to read as follows: 13

‘‘(e) DE MINIMIS EXCEPTION FOR THIRD PARTY SET-14

TLEMENT ORGANIZATIONS.—A third party settlement orga-15

nization shall not be required to report any information 16

under subsection (a) with respect to third party network 17

transactions of any participating payee if the amount 18

which would otherwise be reported under subsection (a)(2) 19

with respect to such transactions does not exceed $600.’’. 20

(b) CLARIFICATION THAT REPORTING IS NOT RE-21

QUIRED ON TRANSACTIONS WHICH ARE NOT FOR GOODS 22

OR SERVICES.—Section 6050W(c)(3) of such Code is 23

amended by inserting ‘‘described in subsection 24

(d)(3)(A)(iii)’’ after ‘‘any transaction’’. 25

469

† HR 1319 EAS


(1) IN GENERAL.—The amendment made by sub-2

section (a) shall apply to returns for calendar years 3

beginning after December 31, 2021. 4

(2) CLARIFICATION.—The amendment made by 5

subsection (b) shall apply to transactions after the 6


SEC. 9675. MODIFICATION OF TREATMENT OF STUDENT 8

LOAN FORGIVENESS. 9

(a) IN GENERAL.—Section 108(f) of the Internal Rev-10

enue Code of 1986 is amended by striking paragraph (5) 11

and inserting the following: 12

‘‘(5) SPECIAL RULE FOR DISCHARGES IN 2021 13

THROUGH 2025.—Gross income does not include any 14

amount which (but for this subsection) would be in-15

cludible in gross income by reason of the discharge (in 16

whole or in part) after December 31, 2020, and before 17

January 1, 2026, of— 18

‘‘(A) any loan provided expressly for post-19

secondary educational expenses, regardless of 20

whether provided through the educational insti-21

tution or directly to the borrower, if such loan 22

was made, insured, or guaranteed by— 23

‘‘(i) the United States, or an instru-24

mentality or agency thereof, 25

470

† HR 1319 EAS

‘‘(ii) a State, territory, or possession of 1

the United States, or the District of Colum-2

bia, or any political subdivision thereof, or 3

‘‘(iii) an eligible educational institu-4

tion (as defined in section 25A), 5

‘‘(B) any private education loan (as defined 6

in section 140(a)(7) of the Truth in Lending 7

Act), 8

‘‘(C) any loan made by any educational or-9

ganization described in section 170(b)(1)(A)(ii) 10

if such loan is made— 11

‘‘(i) pursuant to an agreement with 12

any entity described in subparagraph (A) 13

or any private education lender (as defined 14

in section 140(a) of the Truth in Lending 15

Act) under which the funds from which the 16

loan was made were provided to such edu-17

cational organization, or 18

‘‘(ii) pursuant to a program of such 19

educational organization which is designed 20

to encourage its students to serve in occupa-21

tions with unmet needs or in areas with 22

unmet needs and under which the services 23

provided by the students (or former stu-24

dents) are for or under the direction of a 25

471

† HR 1319 EAS

governmental unit or an organization de-1

scribed in section 501(c)(3) and exempt 2

from tax under section 501(a), or 3

‘‘(D) any loan made by an educational or-4

ganization described in section 170(b)(1)(A)(ii) 5

or by an organization exempt from tax under 6

section 501(a) to refinance a loan to an indi-7

vidual to assist the individual in attending any 8

such educational organization but only if the re-9

financing loan is pursuant to a program of the 10

refinancing organization which is designed as 11

described in subparagraph (C)(ii). 12

The preceding sentence shall not apply to the dis-13

charge of a loan made by an organization described 14

in subparagraph (C) or made by a private education 15

lender (as defined in section 140(a)(7) of the Truth 16

in Lending Act) if the discharge is on account of serv-17

ices performed for either such organization or for such 18

private education lender.’’. 19


section shall apply to discharges of loans after December 21

31, 2020. 22

472

† HR 1319 EAS

Subtitle H—Pensions 1

SEC. 9701. TEMPORARY DELAY OF DESIGNATION OF MULTI-2

EMPLOYER PLANS AS IN ENDANGERED, CRIT-3

ICAL, OR CRITICAL AND DECLINING STATUS. 4

(a) IN GENERAL.—Notwithstanding the actuarial cer-5

tification under section 305(b)(3) of the Employee Retire-6

ment Income Security Act of 1974 and section 432(b)(3) 7

of the Internal Revenue Code of 1986, if a plan sponsor 8

of a multiemployer plan elects the application of this sec-9

tion, then, for purposes of section 305 of such Act and sec-10

tion 432 of such Code— 11

(1) the status of the plan for its first plan year 12

beginning during the period beginning on March 1, 13

2020, and ending on February 28, 2021, or the next 14

succeeding plan year (as designated by the plan spon-15

sor in such election), shall be the same as the status 16

of such plan under such sections for the plan year 17

preceding such designated plan year, and 18

(2) in the case of a plan which was in endan-19

gered or critical status for the plan year preceding the 20

designated plan year described in paragraph (1), the 21

plan shall not be required to update its plan or sched-22

ules under section 305(c)(6) of such Act and section 23

432(c)(6) of such Code, or section 305(e)(3)(B) of such 24

Act and section 432(e)(3)(B) of such Code, whichever 25

473

† HR 1319 EAS

is applicable, until the plan year following the des-1

ignated plan year described in paragraph (1). 2

(b) EXCEPTION FOR PLANS BECOMING CRITICAL DUR-3

ING ELECTION.—If— 4

(1) an election was made under subsection (a) 5

with respect to a multiemployer plan, and 6

(2) such plan has, without regard to such elec-7

tion, been certified by the plan actuary under section 8

305(b)(3) of the Employee Retirement Income Secu-9

rity Act of 1974 and section 432(b)(3) of the Internal 10

Revenue Code of 1986 to be in critical status for the 11

designated plan year described in subsection (a)(1), 12

then such plan shall be treated as a plan in critical 13

status for such plan year for purposes of applying 14

section 4971(g)(1)(A) of such Code, section 302(b)(3) 15

of such Act (without regard to the second sentence 16

thereof), and section 412(b)(3) of such Code (without 17

regard to the second sentence thereof). 18

(c) ELECTION AND NOTICE.— 19

(1) ELECTION.—An election under subsection 20

(a)— 21

(A) shall be made at such time and in such 22

manner as the Secretary of the Treasury or the 23

Secretary’s delegate may prescribe and, once 24

474

† HR 1319 EAS

made, may be revoked only with the consent of 1

the Secretary, and 2

(B) if made— 3

(i) before the date the annual certifi-4

cation is submitted to the Secretary or the 5

Secretary’s delegate under section 305(b)(3) 6

of such Act and section 432(b)(3) of such 7

Code, shall be included with such annual 8

certification, and 9

(ii) after such date, shall be submitted 10

to the Secretary or the Secretary’s delegate 11

not later than 30 days after the date of the 12

election. 13

(2) NOTICE TO PARTICIPANTS.— 14

(A) IN GENERAL.—Notwithstanding section 15

305(b)(3)(D) of the Employee Retirement Income 16

Security Act of 1974 and section 432(b)(3)(D) of 17

the Internal Revenue Code of 1986, if, by reason 18

of an election made under subsection (a), the 19

plan is in neither endangered nor critical sta-20

tus— 21

(i) the plan sponsor of a multiem-22

ployer plan shall not be required to provide 23

notice under such sections, and 24

475

† HR 1319 EAS

(ii) the plan sponsor shall provide to 1

the participants and beneficiaries, the bar-2

gaining parties, the Pension Benefit Guar-3

anty Corporation, and the Secretary of 4

Labor a notice of the election under sub-5

section (a) and such other information as 6

the Secretary of the Treasury (in consulta-7

tion with the Secretary of Labor) may re-8

quire— 9

(I) if the election is made before 10

the date the annual certification is 11

submitted to the Secretary or the Sec-12

retary’s delegate under section 13

305(b)(3) of such Act and section 14

432(b)(3) of such Code, not later than 15

30 days after the date of the certifi-16

cation, and 17

(II) if the election is made after 18

such date, not later than 30 days after 19

the date of the election. 20

(B) NOTICE OF ENDANGERED STATUS.— 21

Notwithstanding section 305(b)(3)(D) of such Act 22

and section 432(b)(3)(D) of such Code, if the 23

plan is certified to be in critical status for any 24

plan year but is in endangered status by reason 25

476

† HR 1319 EAS

of an election made under subsection (a), the no-1

tice provided under such sections shall be the no-2

tice which would have been provided if the plan 3

had been certified to be in endangered status. 4

SEC. 9702. TEMPORARY EXTENSION OF THE FUNDING IM-5

PROVEMENT AND REHABILITATION PERIODS 6

FOR MULTIEMPLOYER PENSION PLANS IN 7

CRITICAL AND ENDANGERED STATUS FOR 8

2020 OR 2021. 9

(a) IN GENERAL.—If the plan sponsor of a multiem-10

ployer plan which is in endangered or critical status for 11

a plan year beginning in 2020 or 2021 (determined after 12

application of section 9701) elects the application of this 13

section, then, for purposes of section 305 of the Employee 14

Retirement Income Security Act of 1974 and section 432 15

of the Internal Revenue Code of 1986, the plan’s funding 16

improvement period or rehabilitation period, whichever is 17

applicable, shall be extended by 5 years. 18

(b) DEFINITIONS AND SPECIAL RULES.—For purposes 19

of this section— 20

(1) ELECTION.—An election under this section 21

shall be made at such time, and in such manner and 22

form, as (in consultation with the Secretary of Labor) 23

the Secretary of the Treasury or the Secretary’s dele-24

gate may prescribe. 25

477

† HR 1319 EAS

(2) DEFINITIONS.—Any term which is used in 1

this section which is also used in section 305 of the 2

Employee Retirement Income Security Act of 1974 3

and section 432 of the Internal Revenue Code of 1986 4

shall have the same meaning as when used in such 5

sections. 6

(c) EFFECTIVE DATE.—This section shall apply to 7

plan years beginning after December 31, 2019. 8

SEC. 9703. ADJUSTMENTS TO FUNDING STANDARD AC-9

COUNT RULES. 10

(a) ADJUSTMENTS.— 11

(1) AMENDMENT TO EMPLOYEE RETIREMENT IN-12

COME SECURITY ACT OF 1974.—Section 304(b)(8) of 13


1974 (29 U.S.C. 1084(b)) is amended by adding at 15

the end the following new subparagraph: 16

‘‘(F) RELIEF FOR 2020 AND 2021.—A multi-17

employer plan with respect to which the solvency 18

test under subparagraph (C) is met as of Feb-19

ruary 29, 2020, may elect to apply this para-20

graph (without regard to whether such plan pre-21

viously elected the application of this para-22

graph)— 23

‘‘(i) by substituting ‘February 29, 24

2020’ for ‘August 31, 2008’ each place it 25

478

† HR 1319 EAS

appears in subparagraphs (A)(i), (B)(i)(I), 1

and (B)(i)(II), 2

‘‘(ii) by inserting ‘and other losses re-3

lated to the virus SARS–CoV–2 or 4

coronavirus disease 2019 (COVID–19) (in-5

cluding experience losses related to reduc-6

tions in contributions, reductions in em-7

ployment, and deviations from anticipated 8

retirement rates, as determined by the plan 9

sponsor)’ after ‘net investment losses’ in 10

subparagraph (A)(i), and 11

‘‘(iii) by substituting ‘this subpara-12

graph or subparagraph (A)’ for ‘this sub-13

paragraph and subparagraph (A) both’ in 14

subparagraph (B)(iii). 15

The preceding sentence shall not apply to a plan 16

to which special financial assistance is granted 17

under section 4262. For purposes of the applica-18

tion of this subparagraph, the Secretary of the 19

Treasury shall rely on the plan sponsor’s cal-20

culations of plan losses unless such calculations 21

are clearly erroneous.’’. 22

(2) AMENDMENT TO INTERNAL REVENUE CODE 23

OF 1986.—Section 431(b)(8) of the Internal Revenue 24

479

† HR 1319 EAS

Code of 1986 is amended by adding at the end the fol-1

lowing new subparagraph: 2

‘‘(F) RELIEF FOR 2020 AND 2021.—A multi-3

employer plan with respect to which the solvency 4

test under subparagraph (C) is met as of Feb-5

ruary 29, 2020, may elect to apply this para-6

graph (without regard to whether such plan pre-7

viously elected the application of this para-8

graph)— 9

‘‘(i) by substituting ‘February 29, 10

2020’ for ‘August 31, 2008’ each place it 11

appears in subparagraphs (A)(i), (B)(i)(I), 12

and (B)(i)(II), 13

‘‘(ii) by inserting ‘and other losses re-14

lated to the virus SARS–CoV–2 or 15

coronavirus disease 2019 (COVID–19) (in-16

cluding experience losses related to reduc-17

tions in contributions, reductions in em-18

ployment, and deviations from anticipated 19

retirement rates, as determined by the plan 20

sponsor)’ after ‘net investment losses’ in 21

subparagraph (A)(i), and 22

‘‘(iii) by substituting ‘this subpara-23

graph or subparagraph (A)’ for ‘this sub-24

480

† HR 1319 EAS

paragraph and subparagraph (A) both’ in 1

subparagraph (B)(iii). 2

The preceding sentence shall not apply to a plan 3

to which special financial assistance is granted 4

under section 4262 of the Employee Retirement 5

Income Security Act of 1974. For purposes of the 6

application of this subparagraph, the Secretary 7

shall rely on the plan sponsor’s calculations of 8

plan losses unless such calculations are clearly 9

erroneous.’’. 10

(b) EFFECTIVE DATES.— 11


this section shall take effect as of the first day of the 13

first plan year ending on or after February 29, 2020, 14

except that any election a plan makes pursuant to 15

this section that affects the plan’s funding standard 16

account for the first plan year beginning after Feb-17

ruary 29, 2020, shall be disregarded for purposes of 18

applying the provisions of section 305 of the Em-19

ployee Retirement Income Security Act of 1974 and 20

section 432 of the Internal Revenue Code of 1986 to 21

such plan year. 22

(2) RESTRICTIONS ON BENEFIT INCREASES.— 23

Notwithstanding paragraph (1), the restrictions on 24

plan amendments increasing benefits in sections 25

481

† HR 1319 EAS

304(b)(8)(D) of such Act and 431(b)(8)(D) of such 1

Code, as applied by the amendments made by this 2

section, shall take effect on the date of enactment of 3

this Act. 4

SEC. 9704. SPECIAL FINANCIAL ASSISTANCE PROGRAM FOR 5

FINANCIALLY TROUBLED MULTIEMPLOYER 6

PLANS. 7

(a) APPROPRIATION.—Section 4005 of the Employee 8

Retirement Income Security Act of 1974 (29 U.S.C. 1305) 9

is amended by adding at the end the following: 10

‘‘(i)(1) An eighth fund shall be established for special 11

financial assistance to multiemployer pension plans, as 12

provided under section 4262, and to pay for necessary ad-13

ministrative and operating expenses of the corporation re-14

lating to such assistance. 15

‘‘(2) There is appropriated from the general fund such 16

amounts as are necessary for the costs of providing finan-17

cial assistance under section 4262 and necessary adminis-18

trative and operating expenses of the corporation. The 19

eighth fund established under this subsection shall be cred-20

ited with amounts from time to time as the Secretary of 21

the Treasury, in conjunction with the Director of the Pen-22

sion Benefit Guaranty Corporation, determines appro-23

priate, from the general fund of the Treasury, but in no 24

case shall such transfers occur after September 30, 2030.’’. 25

482

† HR 1319 EAS

(b) FINANCIAL ASSISTANCE AUTHORITY.—The Em-1

ployee Retirement Income Security Act of 1974 is amended 2

by inserting after section 4261 of such Act (29 U.S.C. 1431) 3

the following: 4

‘‘SEC. 4262. SPECIAL FINANCIAL ASSISTANCE BY THE COR-5

PORATION. 6

‘‘(a) SPECIAL FINANCIAL ASSISTANCE.— 7

‘‘(1) IN GENERAL.—The corporation shall pro-8

vide special financial assistance to an eligible multi-9

employer plan under this section, upon the applica-10

tion of a plan sponsor of such a plan for such assist-11

ance. 12

‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT 13

OBLIGATION.—A plan receiving special financial as-14

sistance pursuant to this section shall not be subject 15

to repayment obligations with respect to such special 16

financial assistance. 17

‘‘(b) ELIGIBLE MULTIEMPLOYER PLANS.— 18


a multiemployer plan is an eligible multiemployer 20

plan if— 21

‘‘(A) the plan is in critical and declining 22

status (within the meaning of section 305(b)(6)) 23

in any plan year beginning in 2020 through 24

2022; 25

483

† HR 1319 EAS

‘‘(B) a suspension of benefits has been ap-1

proved with respect to the plan under section 2

305(e)(9) as of the date of the enactment of this 3

section; 4

‘‘(C) in any plan year beginning in 2020 5

through 2022, the plan is certified by the plan 6

actuary to be in critical status (within the 7

meaning of section 305(b)(2)), has a modified 8

funded percentage of less than 40 percent, and 9

has a ratio of active to inactive participants 10

which is less than 2 to 3; or 11

‘‘(D) the plan became insolvent for purposes 12

of section 418E of the Internal Revenue Code of 13

1986 after December 16, 2014, and has remained 14

so insolvent and has not been terminated as of 15

the date of enactment of this section. 16

‘‘(2) MODIFIED FUNDED PERCENTAGE.—For 17

purposes of paragraph (1)(C), the term ‘modified 18

funded percentage’ means the percentage equal to a 19

fraction the numerator of which is current value of 20

plan assets (as defined in section 3(26) of such Act) 21

and the denominator of which is current liabilities 22

(as defined in section 431(c)(6)(D) of such Code and 23

section 304(c)(6)(D) of such Act). 24

484

† HR 1319 EAS

‘‘(c) APPLICATIONS FOR SPECIAL FINANCIAL ASSIST-1

ANCE.—Within 120 days of the date of enactment of this 2

section, the corporation shall issue regulations or guidance 3

setting forth requirements for special financial assistance 4

applications under this section. In such regulations or guid-5

ance, the corporation shall— 6

‘‘(1) limit the materials required for a special fi-7

nancial assistance application to the minimum nec-8

essary to make a determination on the application; 9

‘‘(2) specify effective dates for transfers of special 10

financial assistance following approval of an applica-11

tion, based on the effective date of the supporting ac-12

tuarial analysis and the date on which the applica-13

tion is submitted; and 14

‘‘(3) provide for an alternate application for spe-15

cial financial assistance under this section, which 16

may be used by a plan that has been approved for a 17

partition under section 4233 before the date of enact-18

ment of this section. 19

‘‘(d) TEMPORARY PRIORITY CONSIDERATION OF AP-20

PLICATIONS.— 21

‘‘(1) IN GENERAL.—The corporation may specify 22

in regulations or guidance under subsection (c) that, 23

during a period no longer than the first 2 years fol-24

lowing the date of enactment of this section, applica-25

485

† HR 1319 EAS

tions may not be filed by an eligible multiemployer 1

plan unless— 2

‘‘(A) the eligible multiemployer plan is in-3

solvent or is likely to become insolvent within 5 4

years of the date of enactment of this section; 5

‘‘(B) the corporation projects the eligible 6

multiemployer plan to have a present value of fi-7

nancial assistance payments under section 4261 8

that exceeds $1,000,000,000 if the special finan-9

cial assistance is not ordered; 10

‘‘(C) the eligible multiemployer plan has 11

implemented benefit suspensions under section 12

305(e)(9) as of the date of the enactment of this 13

section; or 14

‘‘(D) the corporation determines it appro-15

priate based on other similar circumstances. 16

‘‘(e) ACTUARIAL ASSUMPTIONS.— 17

‘‘(1) ELIGIBILITY.—For purposes of determining 18

eligibility for special financial assistance, the cor-19

poration shall accept assumptions incorporated in a 20

multiemployer plan’s determination that it is in crit-21

ical status or critical and declining status (within the 22

meaning of section 305(b)) for certifications of plan 23

status completed before January 1, 2021, unless such 24

assumptions are clearly erroneous. For certifications 25

486

† HR 1319 EAS

of plan status completed after December 31, 2020, a 1

plan shall determine whether it is in critical or crit-2

ical and declining status for purposes of eligibility for 3

special financial assistance by using the assumptions 4

that the plan used in its most recently completed cer-5

tification of plan status before January 1, 2021, un-6

less such assumptions (excluding the plan’s interest 7

rate) are unreasonable. 8

‘‘(2) AMOUNT OF FINANCIAL ASSISTANCE.—In 9

determining the amount of special financial assist-10

ance in its application, an eligible multiemployer 11

plan shall— 12

‘‘(A) use the interest rate used by the plan 13

in its most recently completed certification of 14

plan status before January 1, 2021, provided 15

that such interest rate may not exceed the inter-16

est rate limit; and 17

‘‘(B) for other assumptions, use the assump-18

tions that the plan used in its most recently 19

completed certification of plan status before Jan-20

uary 1, 2021, unless such assumptions are un-21

reasonable. 22

‘‘(3) INTEREST RATE LIMIT.—The interest rate 23

limit for purposes of this subsection is the rate speci-24

fied in section 303(h)(2)(C)(iii) (disregarding modi-25

487

† HR 1319 EAS

fications made under clause (iv) of such section) for 1

the month in which the application for special finan-2

cial assistance is filed by the eligible multiemployer 3

plan or the 3 preceding months, with such specified 4

rate increased by 200 basis points. 5

‘‘(4) CHANGES IN ASSUMPTIONS.—If a plan de-6

termines that use of one or more prior assumptions 7

is unreasonable, the plan may propose in its applica-8

tion to change such assumptions, provided that the 9

plan discloses such changes in its application and de-10

scribes why such assumptions are no longer reason-11

able. The corporation shall accept such changed as-12

sumptions unless it determines the changes are unrea-13

sonable, individually or in the aggregate. The plan 14

may not propose a change to the interest rate other-15

wise required under this subsection for eligibility or 16

financial assistance amount. 17

‘‘(f) APPLICATION DEADLINE.—Any application by a 18

plan for special financial assistance under this section shall 19

be submitted to the corporation (and, in the case of a plan 20

to which section 432(k)(1)(D) of the Internal Revenue Code 21

of 1986 applies, to the Secretary of the Treasury) no later 22

than December 31, 2025, and any revised application for 23

special financial assistance shall be submitted no later than 24

December 31, 2026. 25

488

† HR 1319 EAS

‘‘(g) DETERMINATIONS ON APPLICATIONS.—A plan’s 1

application for special financial assistance under this sec-2

tion that is timely filed in accordance with the regulations 3

or guidance issued under subsection (c) shall be deemed ap-4

proved unless the corporation notifies the plan within 120 5

days of the filing of the application that the application 6

is incomplete, any proposed change or assumption is unrea-7

sonable, or the plan is not eligible under this section. Such 8

notice shall specify the reasons the plan is ineligible for spe-9

cial financial assistance, any proposed change or assump-10

tion is unreasonable, or information is needed to complete 11

the application. If a plan is denied assistance under this 12

subsection, the plan may submit a revised application 13

under this section. Any revised application for special fi-14

nancial assistance submitted by a plan shall be deemed ap-15

proved unless the corporation notifies the plan within 120 16

days of the filing of the revised application that the applica-17

tion is incomplete, any proposed change or assumption is 18

unreasonable, or the plan is not eligible under this section. 19

Special financial assistance issued by the corporation shall 20

be effective on a date determined by the corporation, but 21

no later than 1 year after a plan’s special financial assist-22

ance application is approved by the corporation or deemed 23

approved. The corporation shall not pay any special finan-24

cial assistance after September 30, 2030. 25

489

† HR 1319 EAS

‘‘(h) MANNER OF PAYMENT.—The payment made by 1

the corporation to an eligible multiemployer plan under 2

this section shall be made as a single, lump sum payment. 3

‘‘(i) AMOUNT AND MANNER OF SPECIAL FINANCIAL 4

ASSISTANCE.— 5

‘‘(1) IN GENERAL.—Special financial assistance 6

under this section shall be a transfer of funds in the 7

amount necessary as demonstrated by the plan spon-8

sor on the application for such special financial as-9

sistance, in accordance with the requirements de-10

scribed in subsection (j). Special financial assistance 11

shall be paid to such plan as soon as practicable upon 12

approval of the application by the corporation. 13

‘‘(2) NO CAP.—Special financial assistance 14

granted by the corporation under this section shall 15

not be capped by the guarantee under 4022A. 16

‘‘(j) DETERMINATION OF AMOUNT OF SPECIAL FINAN-17

CIAL ASSISTANCE.— 18

‘‘(1) IN GENERAL.—The amount of financial as-19

sistance provided to a multiemployer plan eligible for 20

financial assistance under this section shall be such 21

amount required for the plan to pay all benefits due 22

during the period beginning on the date of payment 23

of the special financial assistance payment under this 24

section and ending on the last day of the plan year 25

490

† HR 1319 EAS

ending in 2051, with no reduction in a participant’s 1

or beneficiary’s accrued benefit as of the date of enact-2

ment of this section, except to the extent of a reduc-3

tion in accordance with section 305(e)(8) adopted 4

prior to the plan’s application for special financial 5

assistance under this section, and taking into account 6

the reinstatement of benefits required under subsection 7

(k). 8

‘‘(2) PROJECTIONS.—The funding projections for 9

purposes of this section shall be performed on a deter-10

ministic basis. 11

‘‘(k) REINSTATEMENT OF SUSPENDED BENEFITS.— 12

The Secretary, in coordination with the Secretary of the 13

Treasury, shall ensure that an eligible multiemployer plan 14

that receives special financial assistance under this sec-15

tion— 16

‘‘(1) reinstates any benefits that were suspended 17

under section 305(e)(9) or section 4245(a) in accord-18

ance with guidance issued by the Secretary of the 19

Treasury pursuant to section 432(k)(1)(B) of the In-20

ternal Revenue Code of 1986, effective as of the first 21

month in which the effective date for the special fi-22

nancial assistance occurs, for participants and bene-23

ficiaries as of such month; and 24

491

† HR 1319 EAS

‘‘(2) provides payments equal to the amount of 1

benefits previously suspended under section 305(e)(9) 2

or 4245(a) to any participants or beneficiaries in pay 3

status as of the effective date of the special financial 4

assistance, payable, as determined by the eligible mul-5

tiemployer plan— 6

‘‘(A) as a lump sum within 3 months of 7

such effective date; or 8

‘‘(B) in equal monthly installments over a 9

period of 5 years, commencing within 3 months 10

of such effective date, with no adjustment for in-11

terest. 12

‘‘(l) RESTRICTIONS ON THE USE OF SPECIAL FINAN-13

CIAL ASSISTANCE.—Special financial assistance received 14

under this section and any earnings thereon may be used 15

by an eligible multiemployer plan to make benefit payments 16

and pay plan expenses. Special financial assistance and 17

any earnings on such assistance shall be segregated from 18

other plan assets. Special financial assistance shall be in-19

vested by plans in investment-grade bonds or other invest-20

ments as permitted by the corporation. 21

‘‘(m) CONDITIONS ON PLANS RECEIVING SPECIAL FI-22

NANCIAL ASSISTANCE.— 23

‘‘(1) IN GENERAL.—The corporation, in con-24

sultation with the Secretary of the Treasury, may im-25

492

† HR 1319 EAS

pose, by regulation or other guidance, reasonable con-1

ditions on an eligible multiemployer plan that re-2

ceives special financial assistance relating to in-3

creases in future accrual rates and any retroactive 4

benefit improvements, allocation of plan assets, reduc-5

tions in employer contribution rates, diversion of con-6

tributions to, and allocation of expenses to, other ben-7

efit plans, and withdrawal liability. 8

‘‘(2) LIMITATION.—The corporation shall not im-9

pose conditions on an eligible multiemployer plan as 10

a condition of, or following receipt of, special finan-11

cial assistance under this section relating to— 12

‘‘(A) any prospective reduction in plan ben-13

efits (including benefits that may be adjusted 14

pursuant to section 305(e)(8)); 15

‘‘(B) plan governance, including selection 16

of, removal of, and terms of contracts with, trust-17

ees, actuaries, investment managers, and other 18

service providers; or 19

‘‘(C) any funding rules relating to the plan 20

receiving special financial assistance under this 21

section. 22

‘‘(3) PAYMENT OF PREMIUMS.—An eligible mul-23

tiemployer plan receiving special financial assistance 24

under this section shall continue to pay all premiums 25

493

† HR 1319 EAS

due under section 4007 for participants and bene-1

ficiaries in the plan. 2

‘‘(4) ASSISTANCE NOT CONSIDERED FOR CERTAIN 3

PURPOSES.—An eligible multiemployer plan that re-4

ceives special financial assistance shall be deemed to 5

be in critical status within the meaning of section 6

305(b)(2) until the last plan year ending in 2051. 7

‘‘(5) INSOLVENT PLANS.—An eligible multiem-8

ployer plan receiving special financial assistance 9

under this section that subsequently becomes insolvent 10

will be subject to the current rules and guarantee for 11

insolvent plans. 12

‘‘(6) INELIGIBILITY FOR OTHER ASSISTANCE.— 13

An eligible multiemployer plan that receives special 14

financial assistance under this section is not eligible 15

to apply for a new suspension of benefits under sec-16

tion 305(e)(9)(G). 17

‘‘(n) COORDINATION WITH SECRETARY OF THE 18

TREASURY.—In prescribing the application process for eli-19

gible multiemployer plans to receive special financial as-20

sistance under this section and reviewing applications of 21

such plans, the corporation shall coordinate with the Sec-22

retary of the Treasury in the following manner: 23

‘‘(1) In the case of a plan which has suspended 24

benefits under section 305(e)(9)— 25

494

† HR 1319 EAS

‘‘(A) in determining whether to approve the 1

application, the corporation shall consult with 2

the Secretary of the Treasury regarding the 3

plan’s proposed method of reinstating benefits, as 4

described in the plan’s application and in ac-5

cordance with guidance issued by the Secretary 6

of the Treasury, and 7

‘‘(B) the corporation shall consult with the 8

Secretary of the Treasury regarding the amount 9

of special financial assistance needed based on 10

the projected funded status of the plan as of the 11

last day of the plan year ending in 2051, wheth-12

er the plan proposes to repay benefits over 5 13

years or as a lump sum, as required by sub-14

section (k)(2), and any other relevant factors, as 15

determined by the corporation in consultation 16

with the Secretary of the Treasury, to ensure the 17

amount of assistance is sufficient to meet such 18

requirement and is sufficient to pay benefits as 19

required in subsection (j)(1). 20

‘‘(2) In the case of any plan which proposes in 21

its application to change the assumptions used, as 22

provided in subsection (e)(4), the corporation shall 23

consult with the Secretary of the Treasury regarding 24

such proposed change in assumptions. 25

495

† HR 1319 EAS

‘‘(3) If the corporation specifies in regulations or 1

guidance that temporary priority consideration is 2

available for plans which are insolvent within the 3

meaning of section 418E of the Internal Revenue 4

Code of 1986 or likely to become so insolvent or for 5

plans which have suspended benefits under section 6

305(e)(9), or that availability is otherwise based on 7

the funded status of the plan under section 305, as 8

permitted by subsection (d), the corporation shall con-9

sult with the Secretary of the Treasury regarding any 10

granting of priority consideration to such plans.’’. 11

(c) PREMIUM RATE INCREASE.—Section 4006(a)(3) of 12

the Employee Retirement Income Security Act of 1974 (29 13

U.S.C. 1306(a)(3)) is amended— 14

(1) in subparagraph (A)— 15

(A) in clause (vi)— 16

(i) by inserting ‘‘, and before January 17

1, 2031’’ after ‘‘December 31, 2014,’’; and 18

(ii) by striking ‘‘or’’ at the end; 19

(B) in clause (vii)— 20

(i) by moving the margin 2 ems to the 21

left; and 22

(ii) in subclause (II), by striking the 23

period and inserting ‘‘, or’’; and 24

(C) by adding at the end the following: 25

496

† HR 1319 EAS

‘‘(viii) in the case of a multiemployer plan, for 1

plan years beginning after December 31, 2030, $52 2

for each individual who is a participant in such plan 3

during the applicable plan year.’’; and 4

(2) by adding at the end the following: 5

‘‘(N) For each plan year beginning in a calendar year 6

after 2031, there shall be substituted for the dollar amount 7

specified in clause (viii) of subparagraph (A) an amount 8

equal to the greater of— 9

‘‘(i) the product derived by multiplying such dol-10

lar amount by the ratio of— 11

‘‘(I) the national average wage index (as de-12

fined in section 209(k)(1) of the Social Security 13

Act) for the first of the 2 calendar years pre-14

ceding the calendar year in which such plan 15

year begins, to 16

‘‘(II) the national average wage index (as so 17

defined) for 2029; and 18

‘‘(ii) such dollar amount for plan years begin-19

ning in the preceding calendar year. 20

If the amount determined under this subparagraph is 21

not a multiple of $1, such product shall be rounded 22

to the nearest multiple of $1.’’. 23

(d) AMENDMENTS TO INTERNAL REVENUE CODE OF 24

1986.— 25

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† HR 1319 EAS

(1) IN GENERAL.—Section 432(a) of the Internal 1

Revenue Code of 1986 is amended— 2

(A) by striking ‘‘and’’ at the end of para-3

graph (2)(B), 4

(B) by striking the period at the end of 5

paragraph (3)(B) and inserting ‘‘, and’’, and 6

(C) by adding at the end the following new 7

paragraph: 8

‘‘(4) if the plan is an eligible multiemployer 9

plan which is applying for or receiving special finan-10

cial assistance under section 4262 of the Employee 11

Retirement Income Security Act of 1974, the require-12

ments of subsection (k) shall apply to the plan.’’. 13

(2) PLANS RECEIVING SPECIAL FINANCIAL AS-14

SISTANCE TO BE IN CRITICAL STATUS.—Section 15

432(b) of the Internal Revenue Code of 1986 is 16

amended by adding at the end the following new 17

paragraph: 18

‘‘(7) PLANS RECEIVING SPECIAL FINANCIAL AS-19

SISTANCE.—If an eligible multiemployer plan receiv-20

ing special financial assistance under section 4262 of 21


1974 meets the requirements of subsection (k)(2), not-23

withstanding the preceding paragraphs of this sub-24

section, the plan shall be deemed to be in critical sta-25

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† HR 1319 EAS

tus for plan years beginning with the plan year in 1

which the effective date for such assistance occurs and 2

ending with the last plan year ending in 2051.’’. 3

(3) RULES RELATING TO ELIGIBLE MULTIEM-4

PLOYER PLANS.—Section 432 of the Internal Revenue 5

Code of 1986 is amended by adding at the end the fol-6

lowing new subsection: 7

‘‘(k) RULES RELATING TO ELIGIBLE MULTIEMPLOYER 8

PLANS.— 9

‘‘(1) PLANS APPLYING FOR SPECIAL FINANCIAL 10

ASSISTANCE.—In the case of an eligible multiem-11

ployer plan which applies for special financial assist-12

ance under section 4262 of such Act— 13

‘‘(A) IN GENERAL.—Such application shall 14

be submitted in accordance with the require-15

ments of such section, including any guidance 16

issued thereunder by the Pension Benefit Guar-17

anty Corporation. 18

‘‘(B) REINSTATEMENT OF SUSPENDED BEN-19

EFITS.—In the case of a plan for which a sus-20

pension of benefits has been approved under sub-21

section (e)(9), the application shall describe the 22

manner in which suspended benefits will be rein-23

stated in accordance with paragraph (2)(A) and 24

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† HR 1319 EAS

guidance issued by the Secretary if the plan re-1

ceives special financial assistance. 2

‘‘(C) AMOUNT OF FINANCIAL ASSISTANCE.— 3

‘‘(i) IN GENERAL.—In determining the 4

amount of special financial assistance to be 5

specified in its application, an eligible mul-6

tiemployer plan shall— 7

‘‘(I) use the interest rate used by 8

the plan in its most recently completed 9

certification of plan status before Jan-10

uary 1, 2021, provided that such inter-11

est rate does not exceed the interest 12

rate limit, and 13

‘‘(II) for other assumptions, use 14

the assumptions that the plan used in 15

its most recently completed certifi-16

cation of plan status before January 1, 17

2021, unless such assumptions are un-18

reasonable. 19

‘‘(ii) INTEREST RATE LIMIT.—For pur-20

poses of clause (i), the interest rate limit is 21

the rate specified in section 22

430(h)(2)(C)(iii) (disregarding modifica-23

tions made under clause (iv) of such sec-24

tion) for the month in which the applica-25

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† HR 1319 EAS

tion for special financial assistance is filed 1

by the eligible multiemployer plan or the 3 2

preceding months, with such specified rate 3

increased by 200 basis points. 4

‘‘(iii) CHANGES IN ASSUMPTIONS.—If 5

a plan determines that use of one or more 6

prior assumptions is unreasonable, the plan 7

may propose in its application to change 8

such assumptions, provided that the plan 9

discloses such changes in its application 10

and describes why such assumptions are no 11

longer reasonable. The plan may not pro-12

pose a change to the interest rate otherwise 13

required under this subsection for eligibility 14

or financial assistance amount. 15

‘‘(D) PLANS APPLYING FOR PRIORITY CON-16

SIDERATION.—In the case of a plan applying for 17

special financial assistance under rules pro-18

viding for temporary priority consideration, as 19

provided in paragraph (4)(C), such plan’s appli-20

cation shall be submitted to the Secretary in ad-21

dition to the Pension Benefit Guaranty Corpora-22

tion. 23

‘‘(2) PLANS RECEIVING SPECIAL FINANCIAL AS-24

SISTANCE.—In the case of an eligible multiemployer 25

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† HR 1319 EAS

plan receiving special financial assistance under sec-1

tion 4262 of the Employee Retirement Income Secu-2

rity Act of 1974— 3

‘‘(A) REINSTATEMENT OF SUSPENDED BEN-4

EFITS.—The plan shall— 5

‘‘(i) reinstate any benefits that were 6

suspended under subsection (e)(9) or section 7

4245(a) of the Employee Retirement Income 8

Security Act of 1974, effective as of the first 9

month in which the effective date for the 10

special financial assistance occurs, for par-11

ticipants and beneficiaries as of such 12

month, and 13

‘‘(ii) provide payments equal to the 14

amount of benefits previously suspended to 15

any participants or beneficiaries in pay 16

status as of the effective date of the special 17

financial assistance, payable, as determined 18

by the plan— 19

‘‘(I) as a lump sum within 3 20

months of such effective date; or 21

‘‘(II) in equal monthly install-22

ments over a period of 5 years, com-23

mencing within 3 months of such effec-24

502

† HR 1319 EAS

tive date, with no adjustment for inter-1

est. 2

‘‘(B) RESTRICTIONS ON THE USE OF SPE-3

CIAL FINANCIAL ASSISTANCE.—Special financial 4

assistance received by the plan may be used to 5

make benefit payments and pay plan expenses. 6

Such assistance shall be segregated from other 7

plan assets, and shall be invested by the plan in 8

investment-grade bonds or other investments as 9

permitted by regulations or other guidance 10

issued by the Pension Benefit Guaranty Cor-11

poration. 12

‘‘(C) CONDITIONS ON PLANS RECEIVING 13

SPECIAL FINANCIAL ASSISTANCE.— 14

‘‘(i) IN GENERAL.—The Pension Ben-15

efit Guaranty Corporation, in consultation 16

with the Secretary, may impose, by regula-17

tion or other guidance, reasonable condi-18

tions on an eligible multiemployer plan re-19

ceiving special financial assistance relating 20

to increases in future accrual rates and any 21

retroactive benefit improvements, allocation 22

of plan assets, reductions in employer con-23

tribution rates, diversion of contributions 24

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† HR 1319 EAS

and allocation of expenses to other benefit 1

plans, and withdrawal liability. 2

‘‘(ii) LIMITATION.—The Pension Ben-3

efit Guaranty Corporation shall not impose 4

conditions on an eligible multiemployer 5

plan as a condition of, or following receipt 6

of, special financial assistance relating to— 7

‘‘(I) any prospective reduction in 8

plan benefits (including benefits that 9

may be adjusted pursuant to subsection 10

(e)(8)), 11

‘‘(II) plan governance, including 12

selection of, removal of, and terms of 13

contracts with, trustees, actuaries, in-14

vestment managers, and other service 15

providers, or 16

‘‘(III) any funding rules relating 17

to the plan. 18

‘‘(D) ASSISTANCE DISREGARDED FOR CER-19

TAIN PURPOSES.— 20

‘‘(i) FUNDING STANDARDS.—Special fi-21

nancial assistance received by the plan shall 22

not be taken into account for determining 23

contributions required under section 431. 24

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† HR 1319 EAS

‘‘(ii) INSOLVENT PLANS.—If the plan 1

becomes insolvent within the meaning of 2

section 418E after receiving special finan-3

cial assistance, the plan shall be subject to 4

all rules applicable to insolvent plans. 5

‘‘(E) INELIGIBILITY FOR SUSPENSION OF 6

BENEFITS.—The plan shall not be eligible to 7

apply for a new suspension of benefits under 8

subsection (e)(9)(G). 9

‘‘(3) ELIGIBLE MULTIEMPLOYER PLAN.— 10

‘‘(A) IN GENERAL.—For purposes of this 11

section, a multiemployer plan is an eligible mul-12

tiemployer plan if— 13

‘‘(i) the plan is in critical and declin-14

ing status in any plan year beginning in 15

2020 through 2022, 16

‘‘(ii) a suspension of benefits has been 17

approved with respect to the plan under 18

subsection (e)(9) as of the date of the enact-19

ment of this subsection; 20

‘‘(iii) in any plan year beginning in 21

2020 through 2022, the plan is certified by 22

the plan actuary to be in critical status, has 23

a modified funded percentage of less than 40 24

percent, and has a ratio of active to inac-25

505

† HR 1319 EAS

tive participants which is less than 2 to 3, 1

or 2

‘‘(iv) the plan became insolvent within 3

the meaning of section 418E after December 4

16, 2014, and has remained so insolvent 5

and has not been terminated as of the date 6

of enactment of this subsection. 7

‘‘(B) MODIFIED FUNDED PERCENTAGE.— 8

For purposes of subparagraph (A)(iii), the term 9

‘modified funded percentage’ means the percent-10

age equal to a fraction the numerator of which 11

is current value of plan assets (as defined in sec-12

tion 3(26) of the Employee Retirement Income 13

Security Act of 1974) and the denominator of 14

which is current liabilities (as defined in section 15

431(c)(6)(D)). 16

‘‘(4) COORDINATION WITH PENSION BENEFIT 17

GUARANTY CORPORATION.—In prescribing the appli-18

cation process for eligible multiemployer plans to re-19

ceive special financial assistance under section 4262 20

of the Employee Retirement Income Security Act of 21

1974 and reviewing applications of such plans, the 22

Pension Benefit Guaranty Corporation shall coordi-23

nate with the Secretary in the following manner: 24

506

† HR 1319 EAS

‘‘(A) In the case of a plan which has sus-1

pended benefits under subsection (e)(9)— 2

‘‘(i) in determining whether to approve 3

the application, such corporation shall con-4

sult with the Secretary regarding the plan’s 5

proposed method of reinstating benefits, as 6

described in the plan’s application and in 7

accordance with guidance issued by the Sec-8

retary, and 9

‘‘(ii) such corporation shall consult 10

with the Secretary regarding the amount of 11

special financial assistance needed based on 12

the projected funded status of the plan as of 13

the last day of the plan year ending in 14

2051, whether the plan proposes to repay 15

benefits over 5 years or as a lump sum, as 16

required by paragraph (2)(A)(ii), and any 17

other relevant factors, as determined by 18

such corporation in consultation with the 19

Secretary, to ensure the amount of assist-20

ance is sufficient to meet such requirement 21

and is sufficient to pay benefits as required 22

in section 4262(j)(1) of such Act. 23

‘‘(B) In the case of any plan which proposes 24

in its application to change the assumptions 25

507

† HR 1319 EAS

used, as provided in paragraph (1)(C)(iii), such 1

corporation shall consult with the Secretary re-2

garding such proposed change in assumptions. 3

‘‘(C) If such corporation specifies in regula-4

tions or guidance that temporary priority con-5

sideration is available for plans which are insol-6

vent within the meaning of section 418E or like-7

ly to become so insolvent or for plans which have 8

suspended benefits under subsection (e)(9), or 9

that availability is otherwise based on the funded 10

status of the plan under this section, as per-11

mitted by section 4262(d) of such Act, such cor-12

poration shall consult with the Secretary regard-13

ing any granting of priority consideration to 14

such plans.’’. 15

SEC. 9705. EXTENDED AMORTIZATION FOR SINGLE EM-16

PLOYER PLANS. 17

(a) 15-YEAR AMORTIZATION UNDER THE INTERNAL 18

REVENUE CODE OF 1986.—Section 430(c) of the Internal 19

Revenue Code of 1986 is amended by adding at the end 20

the following new paragraph: 21

‘‘(8) 15-YEAR AMORTIZATION.—With respect to 22

plan years beginning after December 31, 2021 (or, at 23

the election of the plan sponsor, plan years beginning 24

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† HR 1319 EAS

after December 31, 2018, December 31, 2019, or De-1

cember 31, 2020)— 2

‘‘(A) the shortfall amortization bases for all 3

plan years preceding the first plan year begin-4

ning after December 31, 2021 (or after whichever 5

earlier date is elected pursuant to this para-6

graph), and all shortfall amortization install-7

ments determined with respect to such bases, 8

shall be reduced to zero, and 9

‘‘(B) subparagraphs (A) and (B) of para-10

graph (2) shall each be applied by substituting 11

‘15-plan-year period’ for ‘7-plan-year period’.’’. 12

(b) 15-YEAR AMORTIZATION UNDER THE EMPLOYEE 13

RETIREMENT INCOME SECURITY ACT OF 1974.—Section 14

303(c) of the Employee Retirement Income Security Act of 15

1974 (29 U.S.C. 1083(c)) is amended by adding at the end 16

the following new paragraph: 17

‘‘(8) 15-YEAR AMORTIZATION.—With respect to 18

plan years beginning after December 31, 2021 (or, at 19

the election of the plan sponsor, plan years beginning 20

after December 31, 2018, December 31, 2019, or De-21

cember 31, 2020)— 22

‘‘(A) the shortfall amortization bases for all 23

plan years preceding the first plan year begin-24

ning after December 31, 2021 (or after whichever 25

509

† HR 1319 EAS

earlier date is elected pursuant to this para-1

graph), and all shortfall amortization install-2

ments determined with respect to such bases, 3

shall be reduced to zero, and 4

‘‘(B) subparagraphs (A) and (B) of para-5

graph (2) shall each be applied by substituting 6

‘15-plan-year period’ for ‘7-plan-year period’.’’. 7


section shall apply to plan years beginning after December 9

31, 2018. 10

SEC. 9706. EXTENSION OF PENSION FUNDING STABILIZA-11

TION PERCENTAGES FOR SINGLE EMPLOYER 12

PLANS. 13

(a) AMENDMENT TO INTERNAL REVENUE CODE OF 14

1986.— 15

(1) IN GENERAL.—The table contained in sub-16

clause (II) of section 430(h)(2)(C)(iv) of the Internal 17

Revenue Code of 1986 is amended to read as follows: 18

‘‘If the calendar year is:

The appli-cable min-imum per-centage is:

The appli-cable max-imum per-centage is:

Any year in the period starting in 2012 and ending

in 2019 ........................................................................ 90% 110%


in 2025 ........................................................................ 95% 105%

2026 ................................................................................. 90% 110%

2027 ................................................................................. 85% 115%

2028 ................................................................................. 80% 120%

2029 ................................................................................. 75% 125%

After 2029 ....................................................................... 70% 130%.’’.

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† HR 1319 EAS

(2) FLOOR ON 25-YEAR AVERAGES.—Subclause 1

(I) of section 430(h)(2)(C)(iv) of such Code is amend-2

ed by adding at the end the following: ‘‘Notwith-3

standing anything in this subclause, if the average of 4

the first, second, or third segment rate for any 25- 5

year period is less than 5 percent, such average shall 6

be deemed to be 5 percent.’’. 7

(b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME 8

SECURITY ACT OF 1974.— 9

(1) IN GENERAL.—The table contained in sub-10

clause (II) of section 303(h)(2)(C)(iv) of the Employee 11

Retirement Income Security Act of 1974 (29 U.S.C. 12

1083(h)(2)(C)(iv)(II)) is amended to read as follows: 13

‘‘If the calendar year is:

The appli-cable min-imum per-centage is:

The appli-cable max-imum per-centage is:


in 2019 ........................................................................ 90% 110%


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 14

(I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 15

1083(h)(2)(C)(iv)(I)) is amended by adding at the 16

end the following: ‘‘Notwithstanding anything in this 17

subclause, if the average of the first, second, or third 18

511

† HR 1319 EAS

segment rate for any 25-year period is less than 5 1

percent, such average shall be deemed to be 5 per-2

cent.’’. 3


(A) IN GENERAL.—Section 101(f)(2)(D) of 5

such Act (29 U.S.C. 1021(f)(2)(D)) is amend-6

ed— 7

(i) in clause (i) by striking ‘‘and the 8

Bipartisan Budget Act of 2015’’ both places 9

it appears and inserting ‘‘, the Bipartisan 10

Budget Act of 2015, and the American Res-11

cue Plan Act of 2021’’, and 12

(ii) in clause (ii) by striking ‘‘2023’’ 13

and inserting ‘‘2029’’. 14

(B) STATEMENTS.—The Secretary of Labor 15

shall modify the statements required under sub-16

clauses (I) and (II) of section 101(f)(2)(D)(i) of 17

such Act to conform to the amendments made by 18

this section. 19



this section shall apply with respect to plan years be-22

ginning after December 31, 2019. 23

(2) ELECTION NOT TO APPLY.—A plan sponsor 24

may elect not to have the amendments made by this 25

512

† HR 1319 EAS

section apply to any plan year beginning before Jan-1

uary 1, 2022, either (as specified in the election)— 2

(A) for all purposes for which such amend-3

ments apply, or 4

(B) solely for purposes of determining the 5

adjusted funding target attainment percentage 6

under sections 436 of the Internal Revenue Code 7

of 1986 and 206(g) of the Employee Retirement 8

Income Security Act of 1974 for such plan year. 9

A plan shall not be treated as failing to meet the re-10

quirements of sections 204(g) of such Act and 11

411(d)(6) of such Code solely by reason of an election 12

under this paragraph. 13

SEC. 9707. MODIFICATION OF SPECIAL RULES FOR MIN-14

IMUM FUNDING STANDARDS FOR COMMU-15

NITY NEWSPAPER PLANS. 16

(a) AMENDMENT TO INTERNAL REVENUE CODE OF 17

1986.—Subsection (m) of section 430 of the Internal Rev-18

enue Code of 1986 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

513

† HR 1319 EAS

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 the 5

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. Such election, once 15

made with respect to a plan year, shall apply to all 16

subsequent plan years unless revoked with the consent 17

of the Secretary. 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 provided 24

in clause (ii), the first, second, and third 25

514

† HR 1319 EAS

segment rates in effect for any month for 1

purposes of this section shall be 8 percent. 2

‘‘(ii) NEW BENEFIT ACCRUALS.—Not-3

withstanding subsection (h)(2), for purposes 4

of determining the funding target and nor-5

mal cost of a plan for any plan year, the 6

present value of any benefits accrued or 7

earned under the plan for a plan year with 8

respect to which an election under para-9

graph (1) is in effect shall be determined on 10

the basis of the United States Treasury obli-11

gation yield curve for the day that is the 12

valuation date of such plan for such plan 13

year. 14

‘‘(iii) UNITED STATES TREASURY OBLI-15

GATION YIELD CURVE.—For purposes of this 16

subsection, the term ‘United States Treas-17

ury obligation yield curve’ means, with re-18

spect to any day, a yield curve which shall 19

be prescribed by the Secretary for such day 20

on interest-bearing obligations of the United 21

States. 22

‘‘(B) SHORTFALL AMORTIZATION BASE.— 23

‘‘(i) PREVIOUS SHORTFALL AMORTIZA-24

TION BASES.—The shortfall amortization 25

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† HR 1319 EAS

bases determined under subsection (c)(3) for 1

all plan years preceding the first plan year 2

to which the election under paragraph (1) 3

applies (and all shortfall amortization in-4

stallments determined with respect to such 5

bases) shall be reduced to zero under rules 6

similar to the rules of subsection (c)(6). 7

‘‘(ii) NEW SHORTFALL AMORTIZATION 8

BASE.—Notwithstanding subsection (c)(3), 9

the shortfall amortization base for the first 10

plan year to which the election under para-11

graph (1) applies shall be the funding short-12

fall of such plan for such plan year (deter-13

mined using the interest rates as modified 14

under subparagraph (A)). 15

‘‘(C) DETERMINATION OF SHORTFALL AM-16

ORTIZATION INSTALLMENTS.— 17

‘‘(i) 30-YEAR PERIOD.—Subparagraphs 18

(A) and (B) of subsection (c)(2) shall be ap-19

plied by substituting ‘30-plan-year’ for ‘7- 20

plan-year’ each place it appears. 21

‘‘(ii) NO SPECIAL ELECTION.—The 22

election under subparagraph (D) of sub-23

section (c)(2) shall not apply to any plan 24

516

† HR 1319 EAS

year to which the election under paragraph 1

(1) applies. 2

‘‘(D) EXEMPTION FROM AT-RISK TREAT-3

MENT.—Subsection (i) shall not apply. 4

‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-5


‘‘(A) IN GENERAL.—The term ‘community 7

newspaper plan’ means any plan to which this 8

section applies maintained as of December 31, 9

2018, by an employer which— 10

‘‘(i) maintains the plan on behalf of 11

participants and beneficiaries with respect 12

to employment in the trade or business of 13

publishing 1 or more newspapers which 14

were published by the employer at any time 15

during the 11-year period ending on Decem-16

ber 20, 2019, 17

‘‘(ii)(I) is not a company the stock of 18

which is publicly traded (on a stock ex-19

change or in an over-the-counter market), 20

and is not controlled, directly or indirectly, 21

by such a company, or 22

‘‘(II) is controlled, directly or indi-23

rectly, during the entire 30-year period end-24

ing on December 20, 2019, by individuals 25

517

† HR 1319 EAS

who are members of the same family, and 1

does not publish or distribute a daily news-2

paper that is carrier-distributed in printed 3

form in more than 5 States, and 4

‘‘(iii) is controlled, directly or indi-5

rectly— 6

‘‘(I) by 1 or more persons residing 7

primarily in a State in which the 8

community newspaper has been pub-9

lished on newsprint or carrier-distrib-10

uted, 11

‘‘(II) during the entire 30-year 12

period ending on December 20, 2019, 13

by individuals who are members of the 14

same family, 15

‘‘(III) by 1 or more trusts, the sole 16

trustees of which are persons described 17

in subclause (I) or (II), or 18

‘‘(IV) by a combination of persons 19

described in subclause (I), (II), or 20

(III). 21

‘‘(B) NEWSPAPER.—The term ‘newspaper’ 22

does not include any newspaper (determined 23

without regard to this subparagraph) to which 24

any of the following apply: 25

518

† HR 1319 EAS

‘‘(i) Is not in general circulation. 1

‘‘(ii) Is published (on newsprint or 2

electronically) less frequently than 3 times 3

per week. 4

‘‘(iii) Has not ever been regularly pub-5

lished on newsprint. 6

‘‘(iv) Does not have a bona fide list of 7

paid subscribers. 8

‘‘(C) CONTROL.—A person shall be treated 9

as controlled by another person if such other per-10

son possesses, directly or indirectly, the power to 11

direct or cause the direction and management of 12

such person (including the power to elect a ma-13

jority of the members of the board of directors of 14

such person) through the ownership of voting se-15

curities. 16

‘‘(6) CONTROLLED GROUP.—For purposes of this 17

subsection, the term ‘controlled group’ means all per-18

sons treated as a single employer under subsection 19

(b), (c), (m), or (o) of section 414 as of December 20, 20

2019.’’. 21

(b) AMENDMENT TO EMPLOYEE RETIREMENT INCOME 22

SECURITY ACT OF 1974.—Subsection (m) of section 303 of 23

the Employee Retirement Income Security Act of 1974 (29 24

U.S.C. 1083(m)) is amended to read as follows: 25

519

† HR 1319 EAS

‘‘(m) SPECIAL RULES FOR COMMUNITY NEWSPAPER 1

PLANS.— 2

‘‘(1) IN GENERAL.—An eligible newspaper plan 3

sponsor of a plan under which no participant has 4

had the participant’s accrued benefit increased 5

(whether because of service or compensation) after 6

April 2, 2019, may elect to have the alternative 7

standards described in paragraph (4) apply to such 8

plan. 9

‘‘(2) ELIGIBLE NEWSPAPER PLAN SPONSOR.— 10

The term ‘eligible newspaper plan sponsor’ means the 11

plan sponsor of— 12

‘‘(A) any community newspaper plan, or 13

‘‘(B) any other plan sponsored, as of April 14

2, 2019, by a member of the same controlled 15

group of a plan sponsor of a community news-16

paper plan if such member is in the trade or 17

business of publishing 1 or more newspapers. 18

‘‘(3) ELECTION.—An election under paragraph 19

(1) shall be made at such time and in such manner 20

as prescribed by the Secretary of the Treasury. Such 21

election, once made with respect to a plan year, shall 22

apply to all subsequent plan years unless revoked 23

with the consent of the Secretary of the Treasury. 24

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† HR 1319 EAS

‘‘(4) ALTERNATIVE MINIMUM FUNDING STAND-1

ARDS.—The alternative standards described in this 2

paragraph are the following: 3

‘‘(A) INTEREST RATES.— 4


subsection (h)(2)(C) and except as provided 6

in clause (ii), the first, second, and third 7

segment rates in effect for any month for 8

purposes of this section shall be 8 percent. 9

‘‘(ii) NEW BENEFIT ACCRUALS.—Not-10

withstanding subsection (h)(2), for purposes 11

of determining the funding target and nor-12

mal cost of a plan for any plan year, the 13

present value of any benefits accrued or 14

earned under the plan for a plan year with 15

respect to which an election under para-16

graph (1) is in effect shall be determined on 17

the basis of the United States Treasury obli-18

gation yield curve for the day that is the 19

valuation date of such plan for such plan 20

year. 21

‘‘(iii) UNITED STATES TREASURY OBLI-22

GATION YIELD CURVE.—For purposes of this 23

subsection, the term ‘United States Treas-24

ury obligation yield curve’ means, with re-25

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† HR 1319 EAS

spect to any day, a yield curve which shall 1

be prescribed by the Secretary of the Treas-2

ury for such day on interest-bearing obliga-3

tions of the United States. 4

‘‘(B) SHORTFALL AMORTIZATION BASE.— 5

‘‘(i) PREVIOUS SHORTFALL AMORTIZA-6

TION BASES.—The shortfall amortization 7

bases determined under subsection (c)(3) for 8

all plan years preceding the first plan year 9

to which the election under paragraph (1) 10

applies (and all shortfall amortization in-11

stallments determined with respect to such 12

bases) shall be reduced to zero under rules 13

similar to the rules of subsection (c)(6). 14

‘‘(ii) NEW SHORTFALL AMORTIZATION 15

BASE.—Notwithstanding subsection (c)(3), 16

the shortfall amortization base for the first 17

plan year to which the election under para-18

graph (1) applies shall be the funding short-19

fall of such plan for such plan year (deter-20

mined using the interest rates as modified 21

under subparagraph (A)). 22

‘‘(C) DETERMINATION OF SHORTFALL AM-23

ORTIZATION INSTALLMENTS.— 24

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† HR 1319 EAS

‘‘(i) 30-YEAR PERIOD.—Subparagraphs 1

(A) and (B) of subsection (c)(2) shall be ap-2

plied by substituting ‘30-plan-year’ for ‘7- 3

plan-year’ each place it appears. 4

‘‘(ii) NO SPECIAL ELECTION.—The 5

election under subparagraph (D) of sub-6

section (c)(2) shall not apply to any plan 7

year to which the election under paragraph 8

(1) applies. 9

‘‘(D) EXEMPTION FROM AT-RISK TREAT-10

MENT.—Subsection (i) shall not apply. 11

‘‘(5) COMMUNITY NEWSPAPER PLAN.—For pur-12


‘‘(A) IN GENERAL.—The term ‘community 14

newspaper plan’ means a plan to which this sec-15

tion applies maintained as of December 31, 16

2018, by an employer which— 17

‘‘(i) maintains the plan on behalf of 18

participants and beneficiaries with respect 19

to employment in the trade or business of 20

publishing 1 or more newspapers which 21

were published by the employer at any time 22

during the 11-year period ending on Decem-23

ber 20, 2019, 24

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† HR 1319 EAS

‘‘(ii)(I) is not a company the stock of 1

which is publicly traded (on a stock ex-2

change or in an over-the-counter market), 3

and is not controlled, directly or indirectly, 4

by such a company, or 5

‘‘(II) is controlled, directly, or indi-6

rectly, during the entire 30-year period end-7

ing on December 20, 2019, by individuals 8

who are members of the same family, and 9

does not publish or distribute a daily news-10

paper that is carrier-distributed in printed 11

form in more than 5 States, and 12

‘‘(iii) is controlled, directly, or indi-13

rectly— 14

‘‘(I) by 1 or more persons residing 15

primarily in a State in which the 16

community newspaper has been pub-17

lished on newsprint or carrier-distrib-18

uted, 19

‘‘(II) during the entire 30-year 20

period ending on December 20, 2019, 21

by individuals who are members of the 22

same family, 23

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† HR 1319 EAS

‘‘(III) by 1 or more trusts, the sole 1

trustees of which are persons described 2

in subclause (I) or (II), or 3

‘‘(IV) by a combination of persons 4

described in subclause (I), (II), or 5

(III). 6

‘‘(B) NEWSPAPER.—The term ‘newspaper’ 7

does not include any newspaper (determined 8

without regard to this subparagraph) to which 9

any of the following apply: 10

‘‘(i) Is not in general circulation. 11

‘‘(ii) Is published (on newsprint or 12

electronically) less frequently than 3 times 13

per week. 14

‘‘(iii) Has not ever been regularly pub-15

lished on newsprint. 16

‘‘(iv) Does not have a bona fide list of 17

paid subscribers. 18

‘‘(C) CONTROL.—A person shall be treated 19

as controlled by another person if such other per-20

son possesses, directly or indirectly, the power to 21

direct or cause the direction and management of 22

such person (including the power to elect a ma-23

jority of the members of the board of directors of 24

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† HR 1319 EAS

such person) through the ownership of voting se-1

curities. 2

‘‘(6) CONTROLLED GROUP.—For purposes of this 3

subsection, the term ‘controlled group’ means all per-4

sons treated as a single employer under subsection 5

(b), (c), (m), or (o) of section 414 of the Internal Rev-6

enue Code of 1986 as of December 20, 2019. 7

‘‘(7) EFFECT ON PREMIUM RATE CALCULA-8

TION.—In the case of a plan for which an election is 9

made to apply the alternative standards described in 10

paragraph (3), the additional premium under section 11

4006(a)(3)(E) shall be determined as if such election 12

had not been made.’’. 13


section shall apply to plan years ending after December 31, 15

2017. 16

SEC. 9708. EXPANSION OF LIMITATION ON EXCESSIVE EM-17

PLOYEE REMUNERATION. 18

Paragraph (3) of section 162(m) of the Internal Rev-19

enue Code of 1986 is amended— 20

(1) by redesignating subparagraph (C) as sub-21

paragraph (D), 22

(2) by striking ‘‘or’’ at the end of subparagraph 23

(B), 24

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† HR 1319 EAS

(3) by inserting after subparagraph (B) the fol-1

lowing new subparagraph: 2

‘‘(C) in the case of taxable years beginning 3

after December 31, 2026, such employee is among 4

the 5 highest compensated employees for the tax-5

able year other than any individual described in 6

subparagraph (A) or (B), or’’, and 7

(4) by striking ‘‘employee’’ in subparagraph (D), 8

as so redesignated, and inserting ‘‘employee described 9

in subparagraph (A) or (B)’’. 10

Subtitle I—Child Care for Workers 11

SEC. 9801. CHILD CARE ASSISTANCE. 12

(a) APPROPRIATION.— 13

(1) IN GENERAL.—Section 418(a)(3) of the So-14

cial Security Act (42 U.S.C. 618(a)(3)) is amended to 15

read as follows: 16

‘‘(3) APPROPRIATION.—For grants under this 17

section, there are appropriated $3,550,000,000 for 18

each fiscal year, of which— 19

‘‘(A) $3,375,000,000 shall be available for 20

grants to States; 21

‘‘(B) $100,000,000 shall be available for 22

grants to Indian tribes and tribal organizations; 23

and 24

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† HR 1319 EAS

‘‘(C) $75,000,000 shall be available for 1

grants to territories.’’. 2

(2) CONFORMING AMENDMENT.—Section 3

418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A)) is 4

amended by striking ‘‘paragraph (3), and remaining 5

after the reservation described in paragraph (4) and’’ 6

and inserting ‘‘paragraph (3)(A),’’. 7

(b) MODIFICATION OF STATE MATCH REQUIREMENT 8

FOR FUNDING INCREASES IN FISCAL YEARS 2021 AND 9

2022.—With respect to the amounts made available by sec-10

tion 418(a)(3) of the Social Security Act for each of fiscal 11

years 2021 and 2022, section 418(a)(2)(C) of such Act shall 12

be applied and administered with respect to any State that 13

is entitled to receive the entire amount that would be allot-14

ted to the State under section 418(a)(2)(B) of such Act for 15

the fiscal year in the manner authorized for fiscal year 16

2020, as if the Federal medical assistance percentage for 17

the State for the fiscal year were 100 percent. 18

(c) FUNDING FOR THE TERRITORIES.—Section 19

418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is amended to 20

read as follows: 21

‘‘(4) TERRITORIES.— 22

‘‘(A) GRANTS.—The Secretary shall use the 23

amounts made available by paragraph (3)(C) to 24

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† HR 1319 EAS

make grants to the territories under this para-1

graph. 2

‘‘(B) ALLOTMENTS.—The amount described 3

in subparagraph (A) shall be allotted among the 4

territories in proportion to their respective needs. 5

‘‘(C) REDISTRIBUTION.—The 1st sentence of 6

clause (i) and clause (ii) of paragraph (2)(D) 7

shall apply with respect to the amounts allotted 8

to the territories under this paragraph, except 9

that the 2nd sentence of paragraph (2)(D) shall 10

not apply and the amounts allotted to the terri-11

tories that are available for redistribution for a 12

fiscal year shall be redistributed to each territory 13

that applies for the additional amounts, to the 14

extent that the Secretary determines that the ter-15

ritory will be able to use the additional amounts 16

to provide child care assistance, in an amount 17

that bears the same ratio to the amount so avail-18

able for redistribution as the amount allotted to 19

the territory for the fiscal year bears to the total 20

amount allotted to all the territories receiving re-21

distributed funds under this paragraph for the 22

fiscal year. 23

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† HR 1319 EAS

‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA-1

TION.— Section 1108(a) shall not apply with re-2

spect to any amount paid under this paragraph. 3

‘‘(E) TERRITORY.—In this paragraph, the 4

term ‘territory’ means the Commonwealth of 5

Puerto Rico, the United States Virgin Islands, 6

Guam, American Samoa, and the Common-7

wealth of the Northern Mariana Islands.’’. 8

Subtitle J—Medicaid 9

SEC. 9811. MANDATORY COVERAGE OF COVID–19 VACCINES 10

AND ADMINISTRATION AND TREATMENT 11

UNDER MEDICAID. 12

(a) COVERAGE.— 13

(1) IN GENERAL.—Section 1905(a)(4) of the So-14

cial Security Act (42 U.S.C. 1396d(a)(4)) is amended 15

by striking the semicolon at the end and inserting ‘‘; 16

and (E) during the period beginning on the date of 17

the enactment of the American Rescue Plan Act of 18

2021 and ending on the last day of the first calendar 19

quarter that begins one year after the last day of the 20

emergency period described in section 1135(g)(1)(B), 21

a COVID–19 vaccine and administration of the vac-22

cine; and (F) during the period beginning on the date 23

of the enactment of the American Rescue Plan Act of 24

2021 and ending on the last day of the first calendar 25

530

† HR 1319 EAS

quarter that begins one year after the last day of the 1

emergency period described in section 1135(g)(1)(B), 2

testing and treatments for COVID–19, including spe-3

cialized equipment and therapies (including preven-4

tive therapies), and, without regard to the require-5

ments of section 1902(a)(10)(B) (relating to com-6

parability), in the case of an individual who is diag-7

nosed with or presumed to have COVID–19, during 8

the period such individual has (or is presumed to 9

have) COVID–19, the treatment of a condition that 10

may seriously complicate the treatment of COVID–19, 11

if otherwise covered under the State plan (or waiver 12

of such plan);’’. 13

(2) MAKING COVID–19 VACCINE AVAILABLE TO 14

ADDITIONAL ELIGIBILITY GROUPS AND TREATMENT 15

AVAILABLE TO CERTAIN UNINSURED.—Section 16

1902(a)(10) of such Act (42 U.S.C. 1396a(a)(10)) is 17

amended in the matter following subparagraph (G)— 18

(A) by striking ‘‘and to other conditions 19

which may complicate pregnancy, (VIII)’’ and 20

inserting ‘‘, medical assistance for services re-21

lated to other conditions which may complicate 22

pregnancy, and medical assistance for vaccines 23

described in section 1905(a)(4)(E) and the ad-24

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† HR 1319 EAS

ministration of such vaccines during the period 1

described in such section, (VIII)’’; 2

(B) by inserting ‘‘and medical assistance 3

for vaccines described in section 1905(a)(4)(E) 4

and the administration of such vaccines during 5

the period described in such section’’ after ‘‘(de-6

scribed in subsection (z)(2))’’; 7

(C) by inserting ‘‘and medical assistance for 8

vaccines described in section 1905(a)(4)(E) and 9

the administration of such vaccines during the 10

period described in such section’’ after ‘‘described 11

in subsection (k)(1)’’; 12

(D) by inserting ‘‘and medical assistance 13

for vaccines described in section 1905(a)(4)(E) 14

and the administration of such vaccines during 15

the period described in such section’’ after ‘‘fam-16

ily planning setting’’; 17

(E) by striking ‘‘and any visit described in 18

section 1916(a)(2)(G) that is furnished during 19

any such portion’’ and inserting ‘‘, any service 20

described in section 1916(a)(2)(G) that is fur-21

nished during any such portion, any vaccine de-22

scribed in section 1905(a)(4)(E) (and the admin-23

istration of such vaccine) that is furnished dur-24

ing any such portion, and testing and treat-25

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† HR 1319 EAS

ments for COVID–19, including specialized 1

equipment and therapies (including preventive 2

therapies), and, in the case of an individual who 3

is diagnosed with or presumed to have COVID– 4

19, during the period such individual has (or is 5

presumed to have) COVID–19, the treatment of 6

a condition that may seriously complicate the 7

treatment of COVID–19, if otherwise covered 8

under the State plan (or waiver of such plan)’’; 9

and 10

(F) by striking the semicolon at the end and 11

inserting ‘‘, and (XIX) medical assistance shall 12

be made available during the period described in 13

section 1905(a)(4)(E) for vaccines described in 14

such section and the administration of such vac-15

cines, for any individual who is eligible for and 16

receiving medical assistance under the State 17

plan or under a waiver of such plan (other than 18

an individual who is eligible for medical assist-19

ance consisting only of payment of premiums 20

pursuant to subparagraph (E) or (F) or section 21

1933), notwithstanding any provision of this 22

title or waiver under section 1115 impacting 23

such individual’s eligibility for medical assist-24

ance under such plan or waiver to coverage for 25

533

† HR 1319 EAS

a limited type of benefits and services that would 1

not otherwise include coverage of a COVID–19 2

vaccine and its administration;’’. 3

(3) PROHIBITION OF COST SHARING.— 4

(A) IN GENERAL.—Subsections (a)(2) and 5

(b)(2) of section 1916 of the Social Security Act 6

(42 U.S.C. 1396o) are each amended— 7

(i) in subparagraph (F), by striking 8

‘‘or’’ at the end; 9

(ii) in subparagraph (G), by striking 10

‘‘; and’’; and 11

(iii) by adding at the end the following 12

subparagraphs: 13

‘‘(H) during the period beginning on the 14

date of the enactment of this subparagraph and 15

ending on the last day of the first calendar quar-16

ter that begins one year after the last day of the 17

emergency period described in section 18

1135(g)(1)(B), a COVID–19 vaccine and the ad-19

ministration of such vaccine (for any individual 20

eligible for medical assistance for such vaccine 21

(and administration)); or 22

‘‘(I) during the period beginning on the 23

date of the enactment of this subparagraph and 24

ending on the last day of the first calendar quar-25

534

† HR 1319 EAS



1135(g)(1)(B), testing and treatments for 3

COVID–19, including specialized equipment and 4

therapies (including preventive therapies), and, 5

in the case of an individual who is diagnosed 6

with or presumed to have COVID–19, during the 7

period 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


under the State plan (or waiver of such plan); 12

and’’. 13

(B) APPLICATION TO ALTERNATIVE COST 14

SHARING.—Section 1916A(b)(3)(B) of the Social 15

Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is 16

amended— 17

(i) in clause (xi), by striking ‘‘any 18

visit’’ and inserting ‘‘any service’’; and 19

(ii) by adding at the end the following 20

clauses: 21

‘‘(xii) During the period beginning on 22

the date of the enactment of this clause and 23

ending on the last day of the first calendar 24

quarter that begins one year after the last 25

535

† HR 1319 EAS

day of the emergency period described in 1

section 1135(g)(1)(B), a COVID–19 vaccine 2

and the administration of such vaccine (for 3

any individual eligible for medical assist-4

ance for such vaccine (and administra-5

tion)). 6

‘‘(xiii) During the period beginning on 7

the date of the enactment of this clause and 8

ending on the last day of the first calendar 9

quarter that begins one year after the last 10

day of the emergency period described in 11

section 1135(g)(1)(B), testing and treat-12

ments for COVID–19, including specialized 13

equipment and therapies (including preven-14

tive therapies), and, in the case of an indi-15

vidual who is diagnosed with or presumed 16

to have COVID–19, during the period dur-17

ing which such individual has (or is pre-18

sumed to have) COVID–19, the treatment of 19

a condition that may seriously complicate 20

the treatment of COVID–19, if otherwise 21

covered under the State plan (or waiver of 22

such plan).’’. 23

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† HR 1319 EAS

(4) INCLUSION IN THE MEDICAID DRUG REBATE 1

PROGRAM OF COVERED OUTPATIENT DRUGS USED FOR 2

COVID–19 TREATMENT.— 3

(A) IN GENERAL.—The requirements of sec-4

tion 1927 of the Social Security Act (42 U.S.C. 5

1396r–8) shall apply to any drug or biological 6

product to which subparagraph (F) of section 7

1905(a)(4) of such Act, as added by paragraph 8

(1), applies or to which the subclause (XVIII) in 9

the matter following subparagraph (G) of section 10

1902(a)(10) of such Act, as added by paragraph 11

(2), applies that is— 12

(i) furnished as medical assistance in 13

accordance with section 1902(a)(10)(A) of 14

such Act and such subparagraph (F) or sub-15

clause (XVIII) and section 1902(a)(10)(A) 16

of such Act, as applicable, for the treatment, 17

or prevention, of COVID–19, as described in 18

such subparagraph or subclause, respec-19

tively; and 20

(ii) a covered outpatient drug (as de-21

fined in section 1927(k) of such Act, except 22

that, in applying paragraph (2)(A) of such 23

section to a drug to which such subpara-24

graph (F) or such subclause (XVIII) ap-25

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† HR 1319 EAS

plies, such drug shall be deemed a pre-1

scribed drug for purposes of section 2

1905(a)(12) of such Act). 3

(B) CONFORMING AMENDMENT.—Section 4

1927(d)(7) of the Social Security Act (42 U.S.C. 5

1396r–8(d)(7)) is amended by adding at the end 6

the following new subparagraph: 7

‘‘(E) Drugs and biological products to 8

which section 1905(a)(4)(F) and subclause 9

(XVIII) in the matter following subparagraph 10

(G) of section 1902(a)(10) apply that are fur-11

nished as medical assistance in accordance with 12

such section or clause, respectively, for the treat-13

ment or prevention, of COVID–19, as described 14

in such subparagraph or subclause, respectively, 15

and section 1902(a)(10)(A).’’. 16

(5) ALTERNATIVE BENEFIT PLANS.—Section 17

1937(b) of the Social Security Act (42 U.S.C. 1396u– 18

7(b)) is amended by adding at the end the following 19

new paragraph: 20

‘‘(8) COVID–19 VACCINES, TESTING, AND TREAT-21

MENT.—Notwithstanding the previous provisions of 22

this section, a State may not provide for medical as-23

sistance through enrollment of an individual with 24

benchmark coverage or benchmark-equivalent coverage 25

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† HR 1319 EAS

under this section unless, during the period beginning 1

on the date of the enactment of the American Rescue 2

Plan Act of 2021 and ending on the last day of the 3

first calendar quarter that begins one year after the 4

last day of the emergency period described in section 5

1135(g)(1)(B), such coverage includes (and does not 6

impose any deduction, cost sharing, or similar charge 7

for)— 8

‘‘(A) COVID–19 vaccines and administra-9

tion of the vaccines; and 10

‘‘(B) testing and treatments for COVID–19, 11

including specialized equipment and therapies 12

(including preventive therapies), and, in the case 13

of such an individual who is diagnosed with or 14

presumed to have COVID–19, during the period 15

such individual has (or is presumed to have) 16

COVID–19, the treatment of a condition that 17

may seriously complicate the treatment of 18

COVID–19, if otherwise covered under the State 19

plan (or waiver of such plan).’’. 20

(b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 21

FOR COVERAGE AND ADMINISTRATION OF COVID–19 VAC-22

CINES.—Section 1905 of the Social Security Act (42 U.S.C. 23

1396d) is amended— 24

539

† HR 1319 EAS

(1) in subsection (b), by striking ‘‘and (ff)’’ and 1

inserting ‘‘(ff), and (hh)’’; 2

(2) in subsection (ff), in the matter preceding 3

paragraph (1), by inserting ‘‘, subject to subsection 4

(hh)’’ after ‘‘or (z)(2)’’ and 5

(3) by adding at the end the following new sub-6

section: 7

‘‘(hh) TEMPORARY INCREASED FMAP FOR MEDICAL 8

ASSISTANCE FOR COVERAGE AND ADMINISTRATION OF 9

COVID–19 VACCINES.— 10

‘‘(1) IN GENERAL.—Notwithstanding any other 11

provision of this title, during the period described in 12

paragraph (2), the Federal medical assistance per-13

centage for a State, with respect to amounts expended 14

by the State for medical assistance for a vaccine de-15

scribed in subsection (a)(4)(E) (and the administra-16

tion of such a vaccine), shall be equal to 100 percent. 17

‘‘(2) PERIOD DESCRIBED.—The period described 18

in this paragraph is the period that— 19

‘‘(A) begins on the first day of the first 20

quarter beginning after the date of the enactment 21

of this subsection; and 22

‘‘(B) ends on the last day of the first quar-23


540

† HR 1319 EAS


1135(g)(1)(B). 2

‘‘(3) EXCLUSION OF EXPENDITURES FROM TER-3

RITORIAL CAPS.—Any payment made to a territory 4

for expenditures for medical assistance under sub-5

section (a)(4)(E) that are subject to the Federal med-6

ical assistance percentage specified under paragraph 7

(1) shall not be taken into account for purposes of ap-8

plying payment limits under subsections (f) and (g) 9

of section 1108.’’. 10

SEC. 9812. MODIFICATIONS TO CERTAIN COVERAGE UNDER 11

MEDICAID FOR PREGNANT AND POSTPARTUM 12

WOMEN. 13

(a) STATE OPTION.—Section 1902(e) of the Social Se-14

curity Act (42 U.S.C. 1396a(e)) is amended by adding at 15

the end the following new paragraph: 16

‘‘(16) EXTENDING CERTAIN COVERAGE FOR 17

PREGNANT AND POSTPARTUM WOMEN.— 18

‘‘(A) IN GENERAL.—At the option of the 19

State, the State plan (or waiver of such State 20

plan) may provide, that an individual who, 21

while pregnant, is eligible for and has received 22

medical assistance under the State plan ap-23

proved under this title (or a waiver of such plan) 24

(including during a period of retroactive eligi-25

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† HR 1319 EAS

bility under subsection (a)(34)) shall, in addi-1

tion to remaining eligible under paragraph (5) 2

for all pregnancy-related and postpartum med-3

ical assistance available under the State plan (or 4

waiver) through the last day of the month in 5

which the 60-day period (beginning on the last 6

day of her pregnancy) ends, remain eligible 7

under the State plan (or waiver) for medical as-8

sistance for the period beginning on the first day 9

occurring after the end of such 60-day period 10

and ending on the last day of the month in 11

which the 12-month period (beginning on the 12

last day of her pregnancy) ends. 13

‘‘(B) FULL BENEFITS DURING PREGNANCY 14

AND THROUGHOUT THE 12-MONTH POSTPARTUM 15

PERIOD.—The medical assistance provided for a 16

pregnant or postpartum individual by a State 17

making an election under this paragraph, with-18

out regard to the basis on which the individual 19

is eligible for medical assistance under the State 20

plan (or waiver), shall— 21

‘‘(i) include all items and services cov-22

ered under the State plan (or waiver) that 23

are not less in amount, duration, or scope, 24

or are determined by the Secretary to be 25

542

† HR 1319 EAS

substantially equivalent, to the medical as-1

sistance available for an individual de-2

scribed in subsection (a)(10)(A)(i); and 3

‘‘(ii) be provided for the individual 4

while pregnant and during the 12-month 5

period that begins on the last day of the in-6

dividual’s pregnancy and ends on the last 7

day of the month in which such 12-month 8

period ends. 9

‘‘(C) COVERAGE UNDER CHIP.—A State 10

making an election under this paragraph that 11

covers under title XXI child health assistance for 12

targeted low-income children who are pregnant 13

or targeted low-income pregnant women, as ap-14

plicable, shall also make the election under sec-15

tion 2107(e)(1)(J) of such title.’’. 16


section (a) shall apply with respect to State elections made 18

under paragraph (16) of section 1902(e) of the Social Secu-19

rity Act (42 U.S.C. 1396a(e)), as added by subsection (a), 20

during the 5-year period beginning on the 1st day of the 21

1st fiscal year quarter that begins one year after the date 22

of the enactment of this Act. 23

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† HR 1319 EAS

SEC. 9813. STATE OPTION TO PROVIDE QUALIFYING COM-1

MUNITY-BASED MOBILE CRISIS INTERVEN-2

TION SERVICES. 3

Title XIX of the Social Security Act is amended by 4

adding after section 1946 (42 U.S.C. 1396w–5) the fol-5

lowing new section: 6

‘‘SEC. 1947. STATE OPTION TO PROVIDE QUALIFYING COM-7

MUNITY-BASED MOBILE CRISIS INTERVEN-8

TION SERVICES. 9

‘‘(a) IN GENERAL.—Notwithstanding section 10

1902(a)(1) (relating to Statewideness), section 11

1902(a)(10)(B) (relating to comparability), section 12

1902(a)(23)(A) (relating to freedom of choice of providers), 13

or section 1902(a)(27) (relating to provider agreements), a 14

State may, during the 5-year period beginning on the first 15

day of the first fiscal year quarter that begins on or after 16

the date that is 1 year after the date of the enactment of 17

this section, provide medical assistance for qualifying com-18

munity-based mobile crisis intervention services. 19

‘‘(b) QUALIFYING COMMUNITY-BASED MOBILE CRISIS 20

INTERVENTION SERVICES DEFINED.—For purposes of this 21

section, the term ‘qualifying community-based mobile crisis 22

intervention services’ means, with respect to a State, items 23

and services for which medical assistance is available under 24

the State plan under this title or a waiver of such plan, 25

that are— 26

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† HR 1319 EAS

‘‘(1) furnished to an individual otherwise eligible 1

for medical assistance under the State plan (or waiv-2

er of such plan) who is— 3

‘‘(A) outside of a hospital or other facility 4

setting; and 5

‘‘(B) experiencing a mental health or sub-6

stance use disorder crisis; 7

‘‘(2) furnished by a multidisciplinary mobile cri-8

sis team— 9

‘‘(A) that includes at least 1 behavioral 10

health care professional who is capable of con-11

ducting an assessment of the individual, in ac-12

cordance with the professional’s permitted scope 13

of practice under State law, and other profes-14

sionals or paraprofessionals with appropriate ex-15

pertise in behavioral health or mental health cri-16

sis response, including nurses, social workers, 17

peer support specialists, and others, as des-18

ignated by the State through a State plan 19

amendment (or waiver of such plan); 20

‘‘(B) whose members are trained in trauma- 21

informed care, de-escalation strategies, and harm 22

reduction; 23

‘‘(C) that is able to respond in a timely 24

manner and, where appropriate, provide— 25

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† HR 1319 EAS

‘‘(i) screening and assessment; 1

‘‘(ii) stabilization and de-escalation; 2

and 3

‘‘(iii) coordination with, and referrals 4

to, health, social, and other services and 5

supports as needed, and health services as 6

needed; 7

‘‘(D) that maintains relationships with rel-8

evant community partners, including medical 9

and behavioral health providers, primary care 10

providers, community health centers, crisis res-11

pite centers, and managed care organizations (if 12

applicable); and 13

‘‘(E) that maintains the privacy and con-14

fidentiality of patient information consistent 15

with Federal and State requirements; and 16

‘‘(3) available 24 hours per day, every day of the 17

year. 18

‘‘(c) PAYMENTS.—Notwithstanding section 1905(b) or 19

1905(ff) and subject to subsections (y) and (z) of section 20

1905, during each of the first 12 fiscal quarters occurring 21

during the period described in subsection (a) that a State 22

meets the requirements described in subsection (d), the Fed-23

eral medical assistance percentage applicable to amounts 24

expended by the State for medical assistance for qualifying 25

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† HR 1319 EAS

community-based mobile crisis intervention services fur-1

nished during such quarter shall be equal to 85 percent. 2

In no case shall the application of the previous sentence 3

result in the Federal medical assistance percentage applica-4

ble to amounts expended by a State for medical assistance 5

for such qualifying community-based mobile crisis interven-6

tion services furnished during a quarter being less than the 7

Federal medical assistance percentage that would apply to 8

such amounts expended by the State for such services fur-9

nished during such quarter without application of the pre-10

vious sentence. 11

‘‘(d) REQUIREMENTS.—The requirements described in 12

this subsection are the following: 13

‘‘(1) The State demonstrates, to the satisfaction 14

of the Secretary that it will be able to support the 15

provision of qualifying community-based mobile crisis 16

intervention services that meet the conditions specified 17

in subsection (b). 18

‘‘(2) The State provides assurances satisfactory 19

to the Secretary that— 20

‘‘(A) any additional Federal funds received 21

by the State for qualifying community-based mo-22

bile crisis intervention services provided under 23

this section that are attributable to the increased 24

Federal medical assistance percentage under 25

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† HR 1319 EAS

subection (c) will be used to supplement, and not 1

supplant, the level of State funds expended for 2

such services for the fiscal year preceding the 3

first fiscal quarter occurring during the period 4

described in subsection (a); 5

‘‘(B) if the State made qualifying commu-6

nity-based mobile crisis intervention services 7

available in a region of the State in such fiscal 8

year, the State will continue to make such serv-9

ices available in such region under this section 10

during each month occurring during the period 11

described in subsection (a) for which the Federal 12

medical assistance percentage under subsection 13

(c) is applicable with respect to the State. 14

‘‘(e) FUNDING FOR STATE PLANNING GRANTS.—There 15

is appropriated, out of any funds in the Treasury not other-16

wise appropriated, $15,000,000 to the Secretary for pur-17

poses of implementing, administering, and making plan-18

ning grants to States as soon as practicable for purposes 19

of developing a State plan amendment or section 1115, 20

1915(b), or 1915(c) waiver request (or an amendment to 21

such a waiver) to provide qualifying community-based mo-22

bile crisis intervention services under this section, to remain 23

available until expended.’’. 24

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† HR 1319 EAS

SEC. 9814. TEMPORARY INCREASE IN FMAP FOR MEDICAL 1

ASSISTANCE UNDER STATE MEDICAID PLANS 2

WHICH BEGIN TO EXPEND AMOUNTS FOR 3

CERTAIN MANDATORY INDIVIDUALS. 4


1396d), as amended by section 9811 of this subtitle, is fur-6

ther amended— 7

(1) in subsection (b), in the first sentence, by 8

striking ‘‘and (hh)’’ and inserting ‘‘(hh), and (ii)’’; 9

(2) in subsection (ff), by striking ‘‘subject to sub-10

section (hh)’’ and inserting ‘‘subject to subsections 11

(hh) and (ii)’’; and 12


section: 14

‘‘(ii) TEMPORARY INCREASE IN FMAP FOR MEDICAL 15

ASSISTANCE UNDER STATE MEDICAID PLANS WHICH 16

BEGIN TO EXPEND AMOUNTS FOR CERTAIN MANDATORY 17

INDIVIDUALS.— 18

‘‘(1) IN GENERAL.—For each quarter occurring 19

during the 8-quarter period beginning with the first 20

calendar quarter during which a qualifying State (as 21

defined in paragraph (3)) expends amounts for all in-22

dividuals described in section 1902(a)(10)(A)(i)(VIII) 23

under the State plan (or waiver of such plan), the 24

Federal medical assistance percentage determined 25

under subsection (b) for such State shall, after appli-26

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† HR 1319 EAS

cation of any increase, if applicable, under section 1

6008 of the Families First Coronavirus Response Act, 2

be increased by 5 percentage points, except for any 3

quarter (and each subsequent quarter) during such 4

period during which the State ceases to provide med-5

ical assistance to any such individual under the State 6

plan (or waiver of such plan). 7

‘‘(2) SPECIAL APPLICATION RULES.—Any in-8

crease described in paragraph (1) (or payment made 9

for expenditures on medical assistance that are subject 10

to such increase)— 11

‘‘(A) shall not apply with respect to dis-12

proportionate share hospital payments described 13

in section 1923; 14

‘‘(B) shall not be taken into account in cal-15

culating the enhanced FMAP of a State under 16

section 2105; 17

‘‘(C) shall not be taken into account for 18

purposes of part A, D, or E of title IV; and 19

‘‘(D) shall not be taken into account for 20

purposes of applying payment limits under sub-21

sections (f) and (g) of section 1108. 22

‘‘(3) DEFINITION.—For purposes of this sub-23

section, the term ‘qualifying State’ means a State 24

which has not expended amounts for all individuals 25

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† HR 1319 EAS

described in section 1902(a)(10)(A)(i)(VIII) before the 1

date of the enactment of this subsection.’’. 2

SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL MEDICAL 3

ASSISTANCE PERCENTAGE TO URBAN INDIAN 4

HEALTH ORGANIZATIONS AND NATIVE HA-5

WAIIAN HEALTH CARE SYSTEMS. 6

Section 1905(b) of the Social Security Act (42 U.S.C. 7

1396d(b)) is amended by inserting after ‘‘(as defined in sec-8

tion 4 of the Indian Health Care Improvement Act)’’ the 9

following: ‘‘; for the 8 fiscal year quarters beginning with 10

the first fiscal year quarter beginning after the date of the 11

enactment of the American Rescue Plan Act of 2021, the 12

Federal medical assistance percentage shall also be 100 per 13

centum with respect to amounts expended as medical assist-14

ance for services which are received through an Urban In-15

dian organization (as defined in paragraph (29) of section 16

4 of the Indian Health Care Improvement Act) that has 17

a grant or contract with the Indian Health Service under 18

title V of such Act; and, for such 8 fiscal year quarters, 19

the Federal medical assistance percentage shall also be 100 20

per centum with respect to amounts expended as medical 21

assistance for services which are received through a Native 22

Hawaiian Health Center (as defined in section 12(4) of the 23

Native Hawaiian Health Care Improvement Act) or a 24

qualified entity (as defined in section 6(b) of such Act) that 25

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† HR 1319 EAS

has a grant or contract with the Papa Ola Lokahi under 1

section 8 of such Act’’. 2

SEC. 9816. SUNSET OF LIMIT ON MAXIMUM REBATE 3

AMOUNT FOR SINGLE SOURCE DRUGS AND 4

INNOVATOR MULTIPLE SOURCE DRUGS. 5

Section 1927(c)(2)(D) of the Social Security Act (42 6

U.S.C. 1396r–8(c)(2)(D)) is amended by inserting after 7

‘‘December 31, 2009,’’ the following: ‘‘and before January 8

1, 2024,’’. 9

SEC. 9817. ADDITIONAL SUPPORT FOR MEDICAID HOME 10

AND COMMUNITY-BASED SERVICES DURING 11

THE COVID–19 EMERGENCY. 12

(a) INCREASED FMAP.— 13

(1) IN GENERAL.—Notwithstanding section 14

1905(b) of the Social Security Act (42 U.S.C. 15

1396d(b)) or section 1905(ff), in the case of a State 16

that meets the HCBS program requirements under 17

subsection (b), the Federal medical assistance percent-18

age determined for the State under section 1905(b) of 19

such Act (or, if applicable, under section 1905(ff)) 20

and, if applicable, increased under subsection (y), (z), 21

(aa), or (ii) of section 1905 of such Act (42 U.S.C. 22

1396d), section 1915(k) of such Act (42 U.S.C. 23

1396n(k)), or section 6008(a) of the Families First 24

Coronavirus Response Act (Public Law 116–127), 25

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† HR 1319 EAS

shall be increased by 10 percentage points with re-1

spect to expenditures of the State under the State 2

Medicaid program for home and community-based 3

services (as defined in paragraph (2)(B)) that are 4

provided during the HCBS program improvement pe-5

riod (as defined in paragraph (2)(A)). In no case 6

may the application of the previous sentence result in 7

the Federal medical assistance percentage determined 8

for a State being more than 95 percent with respect 9

to such expenditures. Any payment made to Puerto 10

Rico, the Virgin Islands, Guam, the Northern Mar-11

iana Islands, or American Samoa for expenditures on 12

medical assistance that are subject to the Federal 13

medical assistance percentage increase specified under 14

the first sentence of this paragraph shall not be taken 15

into account for purposes of applying payment limits 16

under subsections (f) and (g) of section 1108 of the 17

Social Security Act (42 U.S.C. 1308). 18

(2) DEFINITIONS.—In this section: 19

(A) HCBS PROGRAM IMPROVEMENT PE-20

RIOD.—The term ‘‘HCBS program improvement 21

period’’ means, with respect to a State, the pe-22

riod— 23

(i) beginning on April 1, 2021; and 24

(ii) ending on March 31, 2022. 25

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† HR 1319 EAS

(B) HOME AND COMMUNITY-BASED SERV-1

ICES.—The term ‘‘home and community-based 2

services’’ means any of the following: 3

(i) Home health care services author-4

ized under paragraph (7) of section 1905(a) 5

of the Social Security Act (42 U.S.C. 6

1396d(a)). 7

(ii) Personal care services authorized 8

under paragraph (24) of such section. 9

(iii) PACE services authorized under 10

paragraph (26) of such section. 11

(iv) Home and community-based serv-12

ices authorized under subsections (b), (c), 13

(i), (j), and (k) of section 1915 of such Act 14

(42 U.S.C. 1396n), such services authorized 15

under a waiver under section 1115 of such 16

Act (42 U.S.C. 1315), and such services 17

through coverage authorized under section 18

1937 of such Act (42 U.S.C. 1396u–7). 19

(v) Case management services author-20

ized under section 1905(a)(19) of the Social 21

Security Act (42 U.S.C. 1396d(a)(19)) and 22

section 1915(g) of such Act (42 U.S.C. 23

1396n(g)). 24

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† HR 1319 EAS

(vi) Rehabilitative services, including 1

those related to behavioral health, described 2

in section 1905(a)(13) of such Act (42 3

U.S.C. 1396d(a)(13)). 4

(vii) Such other services specified by 5

the Secretary of Health and Human Serv-6

ices. 7

(C) ELIGIBLE INDIVIDUAL.—The term ‘‘eli-8

gible individual’’ means an individual who is el-9

igible for and enrolled for medical assistance 10

under a State Medicaid program and includes 11

an individual who becomes eligible for medical 12

assistance under a State Medicaid program 13

when removed from a waiting list. 14

(D) MEDICAID PROGRAM.—The term ‘‘Med-15

icaid program’’ means, with respect to a State, 16

the State program under title XIX of the Social 17

Security Act (42 U.S.C. 1396 et seq.) (including 18

any waiver or demonstration under such title or 19

under section 1115 of such Act (42 U.S.C. 1315) 20

relating to such title). 21

(E) STATE.—The term ‘‘State’’ has the 22

meaning given such term for purposes of title 23

XIX of the Social Security Act (42 U.S.C. 1396 24

et seq.). 25

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† HR 1319 EAS

(b) STATE REQUIREMENTS FOR FMAP INCREASE.— 1

As conditions for receipt of the increase under subsection 2

(a) to the Federal medical assistance percentage determined 3

for a State, the State shall meet each of the following re-4

quirements (referred to in subsection (a) as the HCBS pro-5

gram requirements): 6

(1) SUPPLEMENT, NOT SUPPLANT.—The State 7

shall use the Federal funds attributable to the increase 8

under subsection (a) to supplement, and not supplant, 9

the level of State funds expended for home and com-10

munity-based services for eligible individuals through 11

programs in effect as of April 1, 2021. 12

(2) REQUIRED IMPLEMENTATION OF CERTAIN AC-13

TIVITIES.—The State shall implement, or supplement 14

the implementation of, one or more activities to en-15

hance, expand, or strengthen home and community- 16

based services under the State Medicaid program. 17

SEC. 9818. FUNDING FOR STATE STRIKE TEAMS FOR RESI-18

DENT AND EMPLOYEE SAFETY IN NURSING 19

FACILITIES. 20


1396r) is amended by adding at the end the following new 22

subsection: 23

‘‘(k) FUNDING FOR STATE STRIKE TEAMS.—In addi-24


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† HR 1319 EAS

to the Secretary, out of any monies in the Treasury not 1


until expended, for purposes of allocating such amount 3

among the States (including the District of Columbia and 4

each territory of the United States) for such a State to es-5

tablish and implement a strike team that will be deployed 6

to a nursing facility in the State with diagnosed or sus-7

pected cases of COVID–19 among residents or staff for the 8

purposes of assisting with clinical care, infection control, 9

or staffing during the emergency period described in section 10

1135(g)(1)(B) and the 1-year period immediately following 11

the end of such emergency period.’’. 12

SEC. 9819. SPECIAL RULE FOR THE PERIOD OF A DECLARED 13

PUBLIC HEALTH EMERGENCY RELATED TO 14

CORONAVIRUS. 15

(a) IN GENERAL.—Section 1923(f)(3) of the Social Se-16

curity Act (42 U.S.C. 1396r–4(f)(3)) is amended— 17

(1) in subparagraph (A), by striking ‘‘subpara-18

graph (E)’’ and inserting ‘‘subparagraphs (E) and 19

(F)’’ ; and 20


paragraph: 22

‘‘(F) ALLOTMENTS DURING THE 23

CORONAVIRUS TEMPORARY MEDICAID FMAP IN-24

CREASE.— 25

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† HR 1319 EAS


any other provision of this subsection, for 2

any fiscal year for which the Federal med-3

ical assistance percentage applicable to ex-4

penditures under this section is increased 5

pursuant to section 6008 of the Families 6

First Coronavirus Response Act, the Sec-7

retary shall recalculate the annual DSH al-8

lotment, including the DSH allotment spec-9

ified under paragraph (6)(A)(vi), to ensure 10

that the total DSH payments (including 11

both Federal and State shares) that a State 12

may make related to a fiscal year is equal 13

to the total DSH payments that the State 14

could have made for such fiscal year with-15

out such increase to the Federal medical as-16

sistance percentage. 17

‘‘(ii) NO APPLICATION TO ALLOTMENTS 18

BEGINNING AFTER COVID–19 EMERGENCY 19

PERIOD.—The DSH allotment for any State 20

for the first fiscal year beginning after the 21

end of the emergency period described in 22

section 1135(g)(1)(B) or any succeeding fis-23

cal year shall be determined under this 24

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† HR 1319 EAS

paragraph without regard to the DSH allot-1

ments determined under clause (i).’’. 2


section (a) shall take effect and apply as if included in the 4

enactment of the Families First Coronavirus Response Act 5

(Public Law 116–127). 6

Subtitle K—Children’s Health 7

Insurance Program 8

SEC. 9821. MANDATORY COVERAGE OF COVID–19 VACCINES 9

AND ADMINISTRATION AND TREATMENT 10

UNDER CHIP. 11

(a) COVERAGE.— 12

(1) IN GENERAL.—Section 2103(c) of the Social 13

Security Act (42 U.S.C. 1397cc(c)) is amended by 14

adding at the end the following paragraph: 15

‘‘(11) REQUIRED COVERAGE OF COVID–19 VAC-16

CINES AND TREATMENT.—Regardless of the type of 17

coverage elected by a State under subsection (a), the 18

child health assistance provided for a targeted low-in-19

come child, and, in the case of a State that elects to 20

provide pregnancy-related assistance pursuant to sec-21

tion 2112, the pregnancy-related assistance provided 22

for a targeted low-income pregnant woman (as such 23

terms are defined for purposes of such section), shall 24

include coverage, during the period beginning on the 25

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† HR 1319 EAS

date of the enactment of this paragraph and ending 1

on the last day of the first calendar quarter that be-2

gins one year after the last day of the emergency pe-3

riod described in section 1135(g)(1)(B), of— 4

‘‘(A) a COVID–19 vaccine (and the admin-5

istration of the vaccine); and 6

‘‘(B) testing and treatments for COVID–19, 7

including specialized equipment and therapies 8

(including preventive therapies), and, in the case 9

of an individual who is diagnosed with or pre-10

sumed to have COVID–19, during the period 11

during which such individual has (or is pre-12

sumed to have) COVID–19, the treatment of a 13

condition that may seriously complicate the 14


under the State child health plan (or waiver of 16

such plan).’’. 17

(2) PROHIBITION OF COST SHARING.—Section 18

2103(e)(2) of the Social Security Act (42 U.S.C. 19

1397cc(e)(2)), as amended by section 6004(b)(3) of the 20

Families First Coronavirus Response Act, is amend-21

ed— 22

(A) in the paragraph header, by inserting 23

‘‘A COVID–19 VACCINE, COVID–19 TREATMENT,’’ 24

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† HR 1319 EAS

before ‘‘OR PREGNANCY-RELATED ASSISTANCE’’; 1

and 2

(B) by striking ‘‘visits described in section 3

1916(a)(2)(G), or’’ and inserting ‘‘services de-4

scribed in section 1916(a)(2)(G), vaccines de-5

scribed in section 1916(a)(2)(H) administered 6

during the period described in such section (and 7

the administration of such vaccines), testing or 8

treatments described in section 1916(a)(2)(I) fur-9

nished during the period described in such sec-10

tion, or’’. 11

(b) TEMPORARY INCREASE IN FEDERAL PAYMENTS 12

FOR COVERAGE AND ADMINISTRATION OF COVID–19 VAC-13

CINES.—Section 2105(c) of the Social Security Act (42 14

U.S.C. 1397ee(c)) is amended by adding at the end the fol-15

lowing new paragraph: 16

‘‘(12) TEMPORARY ENHANCED PAYMENT FOR 17

COVERAGE AND ADMINISTRATION OF COVID–19 VAC-18

CINES.—During the period described in section 19

1905(hh)(2), notwithstanding subsection (b), the en-20

hanced FMAP for a State, with respect to payments 21

under subsection (a) for expenditures under the State 22

child health plan (or a waiver of such plan) for a 23

vaccine described in section 1905(a)(4)(E) (and the 24

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† HR 1319 EAS

administration of such a vaccine), shall be equal to 1

100 percent.’’. 2

(c) ADJUSTMENT OF CHIP ALLOTMENTS.—Section 3

2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)) 4

is amended— 5

(1) in paragraph (2)(B), in the matter preceding 6

clause (i), by striking ‘‘paragraphs (5) and (7)’’ and 7

inserting ‘‘paragraphs (5), (7), and (12)’’; and 8


graph: 10

‘‘(12) ADJUSTING ALLOTMENTS TO ACCOUNT FOR 11

INCREASED FEDERAL PAYMENTS FOR COVERAGE AND 12

ADMINISTRATION OF COVID–19 VACCINES.—If a State, 13

commonwealth, or territory receives payment for a 14

fiscal year (beginning with fiscal year 2021) under 15

subsection (a) of section 2105 for expenditures that 16

are subject to the enhanced FMAP specified under 17

subsection (c)(12) of such section, the amount of the 18

allotment determined for the State, commonwealth, or 19

territory under this subsection— 20

‘‘(A) for such fiscal year shall be increased 21

by the projected expenditures for such year by 22

the State, commonwealth, or territory under the 23

State child health plan (or a waiver of such 24

plan) for vaccines described in section 25

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† HR 1319 EAS

1905(a)(4)(E) (and the administration of such 1

vaccines); and 2

‘‘(B) once actual expenditures are available 3

in the subsequent fiscal year, the fiscal year al-4

lotment that was adjusted by the amount de-5

scribed in subparagraph (A) shall be adjusted on 6

the basis of the difference between— 7

‘‘(i) such projected amount of expendi-8

tures described in subparagraph (A) for 9

such fiscal year described in such subpara-10

graph by the State, commonwealth, or terri-11

tory; and 12

‘‘(ii) the actual amount of expenditures 13

for such fiscal year described in subpara-14

graph (A) by the State, commonwealth, or 15

territory under the State child health plan 16

(or waiver of such plan) for vaccines de-17

scribed in section 1905(a)(4)(E) (and the 18

administration of such vaccines).’’. 19

SEC. 9822. MODIFICATIONS TO CERTAIN COVERAGE UNDER 20

CHIP FOR PREGNANT AND POSTPARTUM 21

WOMEN. 22

(a) MODIFICATIONS TO COVERAGE.— 23

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† HR 1319 EAS

(1) IN GENERAL.—Section 2107(e)(1) of the So-1

cial Security Act (42 U.S.C. 1397gg(e)(1)) is amend-2

ed— 3

(A) by redesignating subparagraphs (J) 4

through (S) as subparagraphs (K) through (T), 5

respectively; and 6

(B) by inserting after subparagraph (I) the 7

following new subparagraph: 8

‘‘(J) Paragraphs (5) and (16) of section 9

1902(e) (relating to the State option to provide 10

medical assistance consisting of full benefits dur-11

ing pregnancy and throughout the 12-month 12

postpartum period under title XIX), if the State 13

provides child health assistance for targeted low- 14

income children who are pregnant or to targeted 15

low-income pregnant women and the State has 16

elected to apply such paragraph (16) with re-17

spect to pregnant women under title XIX, the 18

provision of assistance under the State child 19

health plan or waiver for targeted low-income 20

children or targeted low-income pregnant women 21

during pregnancy and the 12-month postpartum 22

period shall be required and not at the option of 23

the State and shall include coverage of all items 24

or services provided to a targeted low-income 25

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† HR 1319 EAS

child or targeted low-income pregnant woman 1

(as applicable) under the State child health plan 2

or waiver).’’. 3

(2) OPTIONAL COVERAGE OF TARGETED LOW-IN-4

COME PREGNANT WOMEN.—Section 2112(d)(2)(A) of 5

the Social Security Act (42 U.S.C. 1397ll(d)(2)(A)) is 6

amended by inserting after ‘‘60-day period’’ the fol-7

lowing: ‘‘, or, in the case that subparagraph (A) of 8

section 1902(e)(16) applies to the State child health 9

plan (or waiver of such plan), pursuant to section 10

2107(e)(1), the 12-month period,’’. 11

(b) EFFECTIVE DATE.—The amendments made by sub-12

section (a), shall apply with respect to State elections made 13

under paragraph (16) of section 1902(e) of the Social Secu-14

rity Act (42 U.S.C. 1396a(e)), as added by section 9812(a) 15

of subtitle J of this title, during the 5-year period beginning 16

on the 1st day of the 1st fiscal year quarter that begins 17

one year after the date of the enactment of this Act. 18

Subtitle L—Medicare 19

SEC. 9831. FLOOR ON THE MEDICARE AREA WAGE INDEX 20

FOR HOSPITALS IN ALL-URBAN STATES. 21

(a) IN GENERAL.—Section 1886(d)(3)(E) of the Social 22

Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended— 23

(1) in clause (i), in the first sentence, by striking 24

‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and 25

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† HR 1319 EAS

(2) by adding at the end the following new 1

clause: 2

‘‘(iv) FLOOR ON AREA WAGE INDEX 3

FOR HOSPITALS IN ALL-URBAN STATES.— 4

‘‘(I) IN GENERAL.—For discharges 5

occurring on or after October 1, 2021, 6

the area wage index applicable under 7

this subparagraph to any hospital in 8

an all-urban State (as defined in sub-9

clause (IV)) may not be less than the 10

minimum area wage index for the fis-11

cal year for hospitals in that State, as 12

established under subclause (II). 13

‘‘(II) MINIMUM AREA WAGE 14

INDEX.—For purposes of subclause (I), 15

the Secretary shall establish a min-16

imum area wage index for a fiscal 17

year for hospitals in each all-urban 18

State using the methodology described 19

in section 412.64(h)(4)(vi) of title 42, 20

Code of Federal Regulations, as in ef-21

fect for fiscal year 2018. 22

‘‘(III) WAIVING BUDGET NEU-23

TRALITY.—Pursuant to the fifth sen-24

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† HR 1319 EAS

tence of clause (i), this clause shall not 1

be applied in a budget neutral manner. 2

‘‘(IV) ALL-URBAN STATE DE-3

FINED.—In this clause, the term ‘all- 4

urban State’ means a State in which 5

there are no rural areas (as defined in 6

paragraph (2)(D)) or a State in which 7

there are no hospitals classified as 8

rural under this section.’’. 9

(b) WAIVING BUDGET NEUTRALITY.—Section 10

1886(d)(3)(E)(i) of the Social Security Act (42 U.S.C. 11

1395ww(d)(3)(E)(i)) is amended, in the fifth sentence— 12

(1) by striking ‘‘and the amendments’’ and in-13

serting ‘‘, the amendments’’; and 14

(2) by inserting ‘‘, and the amendments made by 15

section 9831(a) of the American Rescue Plan Act of 16

2021’’ after ‘‘Care Act’’. 17

SEC. 9832. SECRETARIAL AUTHORITY TO TEMPORARILY 18

WAIVE OR MODIFY APPLICATION OF CERTAIN 19

MEDICARE REQUIREMENTS WITH RESPECT 20

TO AMBULANCE SERVICES FURNISHED DUR-21

ING CERTAIN EMERGENCY PERIODS. 22

(a) WAIVER AUTHORITY.—Section 1135(b) of the So-23

cial Security Act (42 U.S.C. 1320b–5(b)) is amended— 24

(1) in the first sentence— 25

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† HR 1319 EAS

(A) in paragraph (7), by striking ‘‘and’’ at 1

the end; 2

(B) in paragraph (8), by striking the period 3

at the end and inserting ‘‘; and’’; and 4

(C) by inserting after paragraph (8) the fol-5

lowing new paragraph: 6

‘‘(9) any requirement under section 1861(s)(7) or 7

section 1834(l) that an ambulance service include the 8

transport of an individual to the extent necessary to 9

allow payment for ground ambulance services fur-10

nished in response to a 911 call (or the equivalent in 11

areas without a 911 call system) in cases in which an 12

individual would have been transported to a destina-13

tion permitted under Medicare regulations (as de-14

scribed in section 410.40 to title 42, Code of Federal 15

Regulations (or successor regulations)) but such trans-16

port did not occur as a result of community-wide 17

emergency medical service (EMS) protocols due to the 18

public health emergency described in subsection 19

(g)(1)(B).’’; and 20

(2) in the flush matter at the end, by adding at 21

the end the following: ‘‘Ground ambulance services for 22

which payment is made pursuant to paragraph (9) 23

shall be paid at the base rate that would have been 24

paid under the fee schedule established under 1834(l) 25

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† HR 1319 EAS

(excluding any mileage payment) if the individual 1

had been so transported and, with respect to ambu-2

lance services furnished by a critical access hospital 3

or an entity described in paragraph (8) of such sec-4

tion, at the amount that otherwise would be paid 5

under such paragraph.’’. 6

(b) EMERGENCY PERIOD EXCEPTION.—Section 7

1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b– 8

5(g)(1)(B)) is amended, in the matter preceding clause (i), 9

by striking ‘‘subsection (b)(8)’’ and inserting ‘‘paragraphs 10

(8) and (9) of subsection (b)’’. 11

SEC. 9833. FUNDING FOR OFFICE OF INSPECTOR GENERAL. 12


appropriated to the inspector general of the Department of 14

Health and Human Services for fiscal year 2021, out of 15


$5,000,000, to remain available until expended, for over-17

sight of activities supported with funds appropriated to the 18

Department of Health and Human Services to prevent, pre-19

pare for, and respond to coronavirus 2019 or COVID–19, 20

domestically or internationally. 21

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† HR 1319 EAS

Subtitle M—Coronavirus State and 1

Local Fiscal Recovery Funds 2

SEC. 9901. CORONAVIRUS STATE AND LOCAL FISCAL RE-3

COVERY FUNDS. 4

(a) IN GENERAL.—Title VI of the Social Security Act 5

(42 U.S.C. 801 et seq.) is amended by adding at the end 6

the following: 7

‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. 8




priated— 12

‘‘(1) $219,800,000,000, to remain available 13

through December 31, 2024, for making payments 14

under this section to States, territories, and Tribal 15

governments to mitigate the fiscal effects stemming 16

from the public health emergency with respect to the 17

Coronavirus Disease (COVID–19); and 18

‘‘(2) $50,000,000, to remain available until ex-19

pended, for the costs of the Secretary for administra-20

tion of the funds established under this title. 21

‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 22

‘‘(1) PAYMENTS TO TERRITORIES.— 23

‘‘(A) IN GENERAL.—The Secretary shall re-24

serve $4,500,000,000 of the amount appropriated 25

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† HR 1319 EAS

under subsection (a)(1) to make payments to the 1

territories. 2

‘‘(B) ALLOCATION.—Of the amount reserved 3

under subparagraph (A)— 4

‘‘(i) 50 percent of such amount shall be 5

allocated by the Secretary equally to each 6

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 to 11

1⁄2 of the total amount reserved under sub-12

paragraph (A) as the population of the ter-13

ritory bears to the total population of all 14

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) in ac-18

cordance with paragraph (6). 19

‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— 20


serve $20,000,000,000 of the amount appro-22

priated under subsection (a)(1) to make pay-23

ments to Tribal governments. 24

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† HR 1319 EAS

‘‘(B) ALLOCATION.—Of the amount reserved 1

under subparagraph (A)— 2

‘‘(i) $1,000,000,000 shall be allocated 3

by the Secretary equally among each of the 4

Tribal governments; and 5

‘‘(ii) $19,000,000,000 shall be allocated 6

by the Secretary to the Tribal governments 7

in a manner determined by the Secretary. 8

‘‘(C) PAYMENT.— The Secretary shall pay 9

each Tribal government the total of the amounts 10

allocated for the Tribal government under sub-11

paragraph (B) in accordance with paragraph 12

(6). 13

‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND 14

THE DISTRICT OF COLUMBIA.— 15


serve $195,300,000,000 of the amount appro-17

priated under subsection (a)(1) to make pay-18

ments to each of the 50 States and the District 19

of Columbia. 20

‘‘(B) ALLOCATIONS.—Of the amount re-21

served under subparagraph (A)— 22

‘‘(i) $25,500,000,000 of such amount 23

shall be allocated by the Secretary equally 24

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† HR 1319 EAS

among each of the 50 States and the Dis-1

trict of Columbia; 2

‘‘(ii) an amount equal to 3

$1,250,000,000 less the amount allocated for 4

the District of Columbia pursuant to section 5

601(c)(6) shall be allocated by the Secretary 6

as an additional amount to the District of 7

Columbia; and 8

‘‘(iii) an amount equal to the remain-9

der of the amount reserved under subpara-10

graph (A) after the application of clauses 11

(i) and (ii) of this subparagraph shall be 12

allocated by the Secretary as an additional 13

amount to each of the 50 States and the 14

District of Columbia in an amount which 15

bears the same proportion to such remain-16

der as the average estimated number of sea-17

sonally-adjusted unemployed individuals 18

(as measured by the Bureau of Labor Sta-19

tistics Local Area Unemployment Statistics 20

program) in the State or District of Colum-21

bia over the 3-month period ending with 22

December 2020 bears to the average esti-23

mated number of seasonally-adjusted unem-24

ployed individuals in all of the 50 States 25

573

† HR 1319 EAS

and the District of Columbia over the same 1

period. 2

‘‘(C) PAYMENT.— 3

‘‘(i) IN GENERAL.—Subject to clause 4

(ii), the Secretary shall pay each of the 50 5

States and the District of Columbia, from 6

the amount reserved under subparagraph 7

(A), the total of the amounts allocated for 8

the State and District of Columbia under 9

subparagraph (B) in accordance with para-10

graph (6). 11

‘‘(ii) MINIMUM PAYMENT REQUIRE-12

MENT.— 13

‘‘(I) IN GENERAL.—The sum of— 14

‘‘(aa) the total amounts allo-15

cated for 1 of the 50 States or the 16

District of Columbia under sub-17

paragraph (B) (as determined 18

without regard to this clause); 19

and 20

‘‘(bb) the amounts allocated 21

under section 603 to the State (for 22

distribution by the State to non-23

entitlement units of local govern-24

ment in the State) and to metro-25

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† HR 1319 EAS

politan cities and counties in the 1

State; 2

shall not be less than the amount allo-3

cated to the State or District of Colum-4

bia for fiscal year 2020 under section 5

601, including any amount paid di-6

rectly to a unit of local government in 7

the State under such section. 8

‘‘(II) PRO RATA ADJUSTMENT.— 9

The Secretary shall adjust on a pro 10

rata basis the amount of the alloca-11

tions for each of the 50 States and the 12

District of Columbia determined under 13

subparagraph (B)(iii) (without regard 14

to this clause) to the extent necessary 15

to comply with the requirement of sub-16

clause (I). 17

‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—The 18

amounts otherwise determined for allocation and pay-19

ment under paragraphs (1), (2), and (3) may be ad-20

justed by the Secretary on a pro rata basis to the ex-21

tent necessary to ensure that all available funds are 22

allocated to States, territories, and Tribal govern-23

ments in accordance with the requirements specified 24

in each such paragraph (as applicable). 25

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† HR 1319 EAS

‘‘(5) POPULATION DATA.—For purposes of deter-1

mining allocations for a territory under this section, 2

the population of the territory shall be determined 3

based on the most recent data available from the Bu-4

reau of the Census. 5

‘‘(6) TIMING.— 6

‘‘(A) STATES AND TERRITORIES.— 7

‘‘(i) IN GENERAL.—To the extent prac-8

ticable, subject to clause (ii), with respect to 9

each State and territory allocated a pay-10

ment under this subsection, the Secretary 11

shall make the payment required for the 12

State or territory not later than 60 days 13

after the date on which the certification re-14

quired under subsection (d)(1) is provided 15

to the Secretary. 16

‘‘(ii) AUTHORITY TO SPLIT PAY-17

MENT.— 18

‘‘(I) IN GENERAL.—The Secretary 19

shall have the authority to withhold 20

payment of up to 50 percent of the 21

amount allocated to each State and 22

territory (other than payment of the 23

amount allocated under paragraph 24

(3)(B)(ii) to the District of Columbia) 25

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† HR 1319 EAS

for a period of up to 12 months from 1

the date on which the State or territory 2

provides the certification required 3

under subsection (d)(1). The Secretary 4

shall exercise such authority with re-5

spect to a State or territory based on 6

the unemployment rate in the State or 7

territory as of such date. 8

‘‘(II) PAYMENT OF WITHHELD 9

AMOUNT.—Before paying to a State or 10

territory the remainder of an amount 11

allocated to the State or territory (sub-12

ject to subclause (III)) that has been 13

withheld by the Secretary under sub-14

clause (I), the Secretary shall require 15

the State or territory to submit a sec-16

ond certification under subsection 17

(d)(1), in addition to such other infor-18

mation as the Secretary may require. 19

‘‘(III) RECOVERY OF AMOUNTS 20

SUBJECT TO RECOUPMENT.—If a State 21

or territory is required under sub-22

section (e) to repay funds for failing to 23

comply with subsection (c), the Sec-24

retary may reduce the amount other-25

577

† HR 1319 EAS

wise payable to the State or territory 1

under subclause (II) by the amount 2

that the State or territory would other-3

wise be required to repay under such 4

subsection (e). 5

‘‘(B) TRIBAL GOVERNMENTS.—To the extent 6

practicable, with respect to each Tribal govern-7

ment for which an amount is allocated under 8

this subsection, the Secretary shall make the pay-9

ment required for the Tribal government not 10

later than 60 days after the date of enactment of 11

this section. 12

‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-13

LUMBIA.—The Secretary shall pay the amount 14

allocated under paragraph (3)(B)(ii) to the Dis-15

trict of Columbia not later than 15 days after 16

the date of enactment of this section. 17

‘‘(c) REQUIREMENTS.— 18

‘‘(1) USE OF FUNDS.—Subject to paragraph (2), 19

and except as provided in paragraph (3), a State, ter-20

ritory, or Tribal government shall only use the funds 21

provided under a payment made under this section, 22

or transferred pursuant to section 603(c)(4), to cover 23

costs incurred by the State, territory, or Tribal gov-24

ernment, by December 31, 2024— 25

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† HR 1319 EAS

‘‘(A) to respond to the public health emer-1

gency with respect to the Coronavirus Disease 2

2019 (COVID–19) or its negative economic im-3

pacts, including assistance to households, small 4

businesses, and nonprofits, or aid to impacted 5

industries such as tourism, travel, and hospi-6

tality; 7

‘‘(B) to respond to workers performing es-8

sential work during the COVID–19 public health 9

emergency by providing premium pay to eligible 10

workers of the State, territory, or Tribal govern-11

ment that are performing such essential work, or 12

by providing grants to eligible employers that 13

have eligible workers who perform essential work; 14

‘‘(C) for the provision of government serv-15

ices to the extent of the reduction in revenue of 16

such State, territory, or Tribal government due 17

to the COVID–19 public health emergency rel-18

ative to revenues collected in the most recent full 19

fiscal year of the State, territory, or Tribal gov-20

ernment prior to the emergency; or 21

‘‘(D) to make necessary investments in 22

water, sewer, or broadband infrastructure. 23

‘‘(2) FURTHER RESTRICTION ON USE OF 24

FUNDS.— 25

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† HR 1319 EAS

‘‘(A) IN GENERAL.—A State or territory 1

shall not use the funds provided under this sec-2

tion or transferred pursuant to section 603(c)(4) 3

to either directly or indirectly offset a reduction 4

in the net tax revenue of such State or territory 5

resulting from a change in law, regulation, or 6

administrative interpretation during the covered 7

period that reduces any tax (by providing for a 8

reduction in a rate, a rebate, a deduction, a 9

credit, or otherwise) or delays the imposition of 10

any tax or tax increase. 11

‘‘(B) PENSION FUNDS.—No State or terri-12

tory may use funds made available under this 13

section for deposit into any pension fund. 14

‘‘(3) TRANSFER AUTHORITY.—A State, territory, 15

or Tribal government receiving a payment from funds 16

made available under this section may transfer funds 17

to a private nonprofit organization (as that term is 18

defined in paragraph (17) of section 401 of the 19

McKinney-Vento Homeless Assistance Act (42 U.S.C. 20

11360(17)), a Tribal organization (as that term is de-21

fined in section 4 of the Indian Self-Determination 22

and Education Assistance Act (25 U.S.C. 5304)), a 23

public benefit corporation involved in the transpor-24

580

† HR 1319 EAS

tation of passengers or cargo, or a special-purpose 1

unit of State or local government. 2

‘‘(d) CERTIFICATIONS AND REPORTS.— 3

‘‘(1) IN GENERAL.—In order for a State or terri-4

tory to receive a payment under this section, or a 5

transfer of funds under section 603(c)(4), the State or 6

territory shall provide the Secretary with a certifi-7

cation, signed by an authorized officer of such State 8

or territory, that such State or territory requires the 9

payment or transfer to carry out the activities speci-10

fied in subsection (c) of this section and will use any 11

payment under this section, or transfer of funds 12

under section 603(c)(4), in compliance with sub-13

section (c) of this section. 14

‘‘(2) REPORTING.—Any State, territory, or Trib-15

al government receiving a payment under this section 16

shall provide to the Secretary periodic reports pro-17

viding a detailed accounting of— 18

‘‘(A) the uses of funds by such State, terri-19

tory, or Tribal government, including, in the 20

case of a State or a territory, all modifications 21

to the State’s or territory’s tax revenue sources 22

during the covered period; and 23

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† HR 1319 EAS

‘‘(B) such other information as the Sec-1

retary may require for the administration of this 2

section. 3

‘‘(e) RECOUPMENT.—Any State, territory, or Tribal 4

government that has failed to comply with subsection (c) 5

shall be required to repay to the Secretary an amount equal 6

to the amount of funds used in violation of such subsection, 7

provided that, in the case of a violation of subsection 8

(c)(2)(A), the amount the State or territory shall be re-9

quired to repay shall be lesser of— 10

‘‘(1) the amount of the applicable reduction to 11

net tax revenue attributable to such violation; and 12

‘‘(2) the amount of funds received by such State 13

or territory pursuant to a payment made under this 14

section or a transfer made under section 603(c)(4). 15

‘‘(f) REGULATIONS.—The Secretary shall have the au-16

thority to issue such regulations as may be necessary or 17

appropriate to carry out this section. 18

‘‘(g) DEFINITIONS.—In this section: 19

‘‘(1) COVERED PERIOD.—The term ‘covered pe-20

riod’ means, with respect to a State, territory, or 21

Tribal government, the period that— 22

‘‘(A) begins on March 3, 2021; and 23

‘‘(B) ends on the last day of the fiscal year 24

of such State, territory, or Tribal government in 25

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† HR 1319 EAS

which all funds received by the State, territory, 1

or Tribal government from a payment made 2

under this section or a transfer made under sec-3

tion 603(c)(4) have been expended or returned to, 4

or recovered by, the Secretary. 5

‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible 6

workers’ means those workers needed to maintain con-7

tinuity of operations of essential critical infrastruc-8

ture sectors and additional sectors as each Governor 9

of a State or territory, or each Tribal government, 10

may designate as critical to protect the health and 11

well-being of the residents of their State, territory, or 12

Tribal government. 13

‘‘(3) PREMIUM PAY.—The term ‘premium pay’ 14

means an amount of up to $13 per hour that is paid 15

to an eligible worker, in addition to wages or remu-16

neration the eligible worker otherwise receives, for all 17

work performed by the eligible worker during the 18

COVID–19 public health emergency. Such amount 19

may not exceed $25,000 with respect to any single eli-20

gible worker. 21

‘‘(4) SECRETARY.—The term ‘Secretary’ means 22


‘‘(5) STATE.—The term ‘State’ means each of the 24

50 States and the District of Columbia. 25

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† HR 1319 EAS

‘‘(6) TERRITORY.—The term ‘territory’ means 1

the Commonwealth of Puerto Rico, the United States 2

Virgin Islands, Guam, the Commonwealth of the 3

Northern Mariana Islands, and American Samoa. 4


Government’ means the recognized governing body of 6

any Indian or Alaska Native tribe, band, nation, 7

pueblo, village, community, component band, or com-8

ponent reservation, individually identified (including 9

parenthetically) in the list published most recently as 10

of the date of enactment of this Act pursuant to sec-11

tion 104 of the Federally Recognized Indian Tribe 12

List Act of 1994 (25 U.S.C. 5131). 13

‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. 14




priated, $130,200,000,000, to remain available through De-18

cember 31, 2024, for making payments under this section 19

to metropolitan cities, nonentitlement units of local govern-20

ment, and counties to mitigate the fiscal effects stemming 21

from the public health emergency with respect to the 22

Coronavirus Disease (COVID–19). 23


‘‘(1) METROPOLITAN CITIES.— 25

584

† HR 1319 EAS

‘‘(A) IN GENERAL.—Of the amount appro-1

priated under subsection (a), the Secretary shall 2

reserve $45,570,000,000 to make payments to 3

metropolitan cities. 4

‘‘(B) ALLOCATION AND PAYMENT.—From 5

the amount reserved under subparagraph (A), 6

the Secretary shall allocate and, in accordance 7

with paragraph (7), pay to each metropolitan 8

city an amount determined for the metropolitan 9

city consistent with the formula under section 10

106(b) of the Housing and Community Develop-11

ment Act of 1974 (42 U.S.C. 5306(b)), except 12

that, in applying such formula, the Secretary 13

shall substitute ‘all metropolitan cities’ for ‘all 14

metropolitan areas’ each place it appears. 15

‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-16

ERNMENT.— 17

‘‘(A) IN GENERAL.—Of the amount appro-18


reserve $19,530,000,000 to make payments to 20

States for distribution by the State to nonentitle-21

ment units of local government in the State. 22

‘‘(B) ALLOCATION AND PAYMENT.—From 23

the amount reserved under subparagraph (A), 24

the Secretary shall allocate and, in accordance 25

585

† HR 1319 EAS

with paragraph (7), pay to each State an 1

amount which bears the same proportion to such 2

reserved amount as the total population of all 3

areas that are non-metropolitan cities in the 4

State bears to the total population of all areas 5

that are non-metropolitan cities in all such 6

States. 7

‘‘(C) DISTRIBUTION TO NONENTITLEMENT 8

UNITS OF LOCAL GOVERNMENT.— 9

‘‘(i) IN GENERAL.—Not later than 30 10

days after a State receives a payment under 11

subparagraph (B), the State shall distribute 12

to each nonentitlement unit of local govern-13

ment in the State an amount that bears the 14

same proportion to the amount of such pay-15

ment as the population of the nonentitle-16

ment unit of local government bears to the 17

total population of all the nonentitlement 18

units of local government in the State, sub-19

ject to clause (iii). 20

‘‘(ii) DISTRIBUTION OF FUNDS.— 21

‘‘(I) EXTENSION FOR DISTRIBU-22

TION.—If an authorized officer of a 23

State required to make distributions 24

under clause (i) certifies in writing to 25

586

† HR 1319 EAS

the Secretary before the end of the 30- 1

day distribution period described in 2

such clause that it would constitute an 3

excessive administrative burden for the 4

State to meet the terms of such clause 5

with respect to 1 or more such dis-6

tributions, the authorized officer may 7

request, and the Secretary shall grant, 8

an extension of such period of not more 9

than 30 days to allow the State to 10

make such distributions in accordance 11

with clause (i). 12

‘‘(II) ADDITIONAL EXTENSIONS.— 13

‘‘(aa) IN GENERAL.—If a 14

State has been granted an exten-15

sion to the distribution period 16

under subclause (I) but is unable 17

to make all the distributions re-18

quired under clause (i) before the 19

end of such period as extended, an 20

authorized officer of the State 21

may request an additional exten-22

sion of the distribution period of 23

not more than 30 days. The Sec-24

retary may grant a request for an 25

587

† HR 1319 EAS

additional extension of such pe-1

riod only if— 2

‘‘(AA) the authorized of-3

ficer making such request 4

provides a written plan to 5

the Secretary specifying, for 6

each distribution for which 7

an additional extension is re-8

quested, when the State ex-9

pects to make such distribu-10

tion and the actions the 11

State has taken and will take 12

in order to make all such dis-13

tributions before the end of 14

the distribution period (as 15

extended under subclause (I) 16

and this subclause); and 17

‘‘(BB) the Secretary de-18

termines that such plan is 19

reasonably designed to dis-20

tribute all such funds to non-21

entitlement units of local 22

government by the end of the 23

distribution period (as so ex-24

tended). 25

588

† HR 1319 EAS

‘‘(bb) FURTHER ADDITIONAL 1

EXTENSIONS.—If a State granted 2

an additional extension of the dis-3

tribution period under item (aa) 4

requires any further additional 5

extensions of such period, the re-6

quest only may be made and 7

granted subject to the require-8

ments specified in item (aa). 9

‘‘(iii) CAPPED AMOUNT.—The total 10

amount distributed to a nonentitlement 11

unit of local government under this para-12

graph may not exceed the amount equal to 13

75 percent of the most recent budget for the 14

nonentitlement unit of local government as 15

of January 27, 2020. 16

‘‘(iv) RETURN OF EXCESS AMOUNTS.— 17

Any amounts not distributed to a non-18

entitlement unit of local government as a 19

result of the application of clause (iii) shall 20

be returned to the Secretary. 21

‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, 22

by the end of the 120-day period that begins on 23

the date a State receives a payment from the 24

amount allocated under subparagraph (B) or, if 25

589

† HR 1319 EAS

later, the last day of the distribution period for 1

the State (as extended with respect to the State 2

under subparagraph (C)(ii)), such State has 3

failed to make all the distributions from such 4

payment in accordance with the terms of sub-5

paragraph (C) (including any extensions of the 6

distribution period granted in accordance with 7

such subparagraph), an amount equal to the 8

amount of such payment that remains undistrib-9

uted as of such date shall be booked as a debt of 10

such State owed to the Federal Government, shall 11

be paid back from the State’s allocation provided 12

under section 602(b)(3)(B)(iii), and shall be de-13

posited into the general fund of the Treasury. 14

‘‘(3) COUNTIES.— 15

‘‘(A) AMOUNT.—From the amount appro-16


reserve and allocate $65,100,000,000 of such 18

amount to make payments directly to counties in 19

an amount which bears the same proportion to 20

the total amount reserved under this paragraph 21

as the population of each such county bears to 22

the total population of all such entities and shall 23

pay such allocated amounts to such counties in 24

accordance with paragraph (7). 25

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† HR 1319 EAS

‘‘(B) SPECIAL RULES.— 1

‘‘(i) URBAN COUNTIES.—No county 2

that is an ‘urban county’ (as defined in sec-3

tion 102 of the Housing and Community 4

Development Act of 1974 (42 U.S.C. 5302)) 5

shall receive less than the amount the coun-6

ty would otherwise receive if the amount 7

paid under this paragraph were allocated to 8

metropolitan cities and urban counties 9

under section 106(b) of the Housing and 10

Community Development Act of 1974 (42 11

U.S.C. 5306(b)). 12

‘‘(ii) COUNTIES THAT ARE NOT UNITS 13

OF GENERAL LOCAL GOVERNMENT.—In the 14

case of an amount to be paid to a county 15

that is not a unit of general local govern-16

ment, the amount shall instead be paid to 17

the State in which such county is located, 18

and such State shall distribute such amount 19

to each unit of general local government 20

within such county in an amount that 21

bears the same proportion to the amount to 22

be paid to such county as the population of 23

such units of general local government bears 24

to the total population of such county. 25

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† HR 1319 EAS

‘‘(iii) DISTRICT OF COLUMBIA.—For 1

purposes of this paragraph, the District of 2

Columbia shall be considered to consist of a 3

single county that is a unit of general local 4

government. 5

‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of 6

general local government that has formed a consoli-7

dated government, or that is geographically contained 8

(in full or in part) within the boundaries of another 9

unit of general local government may receive a dis-10

tribution under each of paragraphs (1), (2), and (3), 11

as applicable, based on the respective formulas speci-12

fied in such paragraphs. 13

‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The 14

amounts otherwise determined for allocation and pay-15

ment under paragraphs (1), (2), and (3) may be ad-16

justed by the Secretary on a pro rata basis to the ex-17

tent necessary to ensure that all available funds are 18

distributed to metropolitan cities, counties, and States 19

in accordance with the requirements specified in each 20

paragraph (as applicable) and the certification re-21

quirement specified in subsection (d). 22

‘‘(6) POPULATION.—For purposes of determining 23

allocations under this section, the population of an 24

entity shall be determined based on the most recent 25

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† HR 1319 EAS

data are available from the Bureau of the Census or, 1

if not available, from such other data as a State de-2

termines appropriate. 3

‘‘(7) TIMING.— 4

‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-5

tent practicable, with respect to each metropoli-6

tan city for which an amount is allocated under 7

paragraph (1), each State for which an amount 8

is allocated under paragraph (2) for distribution 9

to nonentitlement units of local government, and 10

each county for which an amount is allocated 11

under paragraph (3), the Secretary shall pay 12

from such allocation the First Tranche Amount 13

for such city, State, or county not later than 60 14

days after the date of enactment of this section. 15

‘‘(B) SECOND TRANCHE AMOUNT.—The Sec-16

retary shall pay to each metropolitan city for 17

which an amount is allocated under paragraph 18

(1), each State for which an amount is allocated 19

under paragraph (2) for distribution to non-20

entitlement units of local government, and each 21

county for which an amount is allocated under 22

paragraph (3), the Second Tranche Amount for 23

such city, State, or county not earlier than 12 24

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† HR 1319 EAS

months after the date on which the First Tranche 1

Amount is paid to the city, State, or county. 2

‘‘(c) REQUIREMENTS.— 3

‘‘(1) USE OF FUNDS.—Subject to paragraph (2), 4

and except as provided in paragraphs (3) and (4), a 5

metropolitan city, nonentitlement unit of local gov-6

ernment, or county shall only use the funds provided 7

under a payment made under this section to cover 8

costs incurred by the metropolitan city, nonentitle-9

ment unit of local government, or county, by Decem-10

ber 31, 2024— 11

‘‘(A) to respond to the public health emer-12

gency with respect to the Coronavirus Disease 13

2019 (COVID–19) or its negative economic im-14

pacts, including assistance to households, small 15

businesses, and nonprofits, or aid to impacted 16

industries such as tourism, travel, and hospi-17

tality; 18

‘‘(B) to respond to workers performing es-19

sential work during the COVID–19 public health 20

emergency by providing premium pay to eligible 21

workers of the metropolitan city, nonentitlement 22

unit of local government, or county that are per-23

forming such essential work, or by providing 24

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† HR 1319 EAS

grants to eligible employers that have eligible 1

workers who perform essential work; 2

‘‘(C) for the provision of government serv-3

ices to the extent of the reduction in revenue of 4

such metropolitan city, nonentitlement unit of 5

local government, or county due to the COVID– 6

19 public health emergency relative to revenues 7

collected in the most recent full fiscal year of the 8

metropolitan city, nonentitlement unit of local 9

government, or county prior to the emergency; or 10

‘‘(D) to make necessary investments in 11

water, sewer, or broadband infrastructure. 12

‘‘(2) PENSION FUNDS.—No metropolitan city, 13

nonentitlement unit of local government, or county 14

may use funds made available under this section for 15

deposit into any pension fund. 16

‘‘(3) TRANSFER AUTHORITY.—A metropolitan 17

city, nonentitlement unit of local government, or 18

county receiving a payment from funds made avail-19

able under this section may transfer funds to a pri-20

vate nonprofit organization (as that term is defined 21

in paragraph (17) of section 401 of the McKinney- 22

Vento Homeless Assistance Act (42 U.S.C. 11360(17)), 23

a public benefit corporation involved in the transpor-24

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† HR 1319 EAS

tation of passengers or cargo, or a special-purpose 1

unit of State or local government. 2

‘‘(4) TRANSFERS TO STATES.—Notwithstanding 3

paragraph (1), a metropolitan city, nonentitlement 4

unit of local government, or county receiving a pay-5

ment from funds made available under this section 6

may transfer such funds to the State in which such 7

entity is located. 8

‘‘(d) REPORTING.—Any metropolitan city, nonentitle-9

ment unit of local government, or county receiving funds 10

provided under a payment made under this section shall 11

provide to the Secretary periodic reports providing a de-12

tailed accounting of the uses of such funds by such metro-13

politan city, nonentitlement unit of local government, or 14

county and including such other information as the Sec-15

retary may require for the administration of this section. 16

‘‘(e) RECOUPMENT.—Any metropolitan city, non-17

entitlement unit of local government, or county that has 18

failed to comply with subsection (c) shall be required to 19

repay to the Secretary an amount equal to the amount of 20

funds used in violation of such subsection. 21

‘‘(f) REGULATIONS.—The Secretary shall have the au-22

thority to issue such regulations as may be necessary or 23

appropriate to carry out this section. 24

‘‘(g) DEFINITIONS.—In this section: 25

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† HR 1319 EAS

‘‘(1) COUNTY.—The term ‘county’ means a coun-1

ty, parish, or other equivalent county division (as de-2

fined by the Bureau of the Census). 3

‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible 4

workers’ means those workers needed to maintain con-5

tinuity of operations of essential critical infrastruc-6

ture sectors and additional sectors as each chief execu-7

tive officer of a metropolitan city, nonentitlement 8

unit of local government, or county may designate as 9

critical to protect the health and well-being of the 10

residents of their metropolitan city, nonentitlement 11

unit of local government, or county. 12

‘‘(3) FIRST TRANCHE AMOUNT.—The term ‘First 13

Tranche Amount’ means, with respect to each metro-14

politan city for which an amount is allocated under 15

subsection (b)(1), each State for which an amount is 16

allocated under subsection (b)(2) for distribution to 17

nonentitlement units of local government, and each 18

county for which an amount is allocated under sub-19

section (b)(3), 50 percent of the amount so allocated 20

to such metropolitan city, State, or county (as appli-21

cable). 22

‘‘(4) METROPOLITAN CITY.—The term ‘metropoli-23

tan city’ has the meaning given that term in section 24

102(a)(4) of the Housing and Community Develop-25

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† HR 1319 EAS

ment Act of 1974 (42 U.S.C. 5302(a)(4)) and includes 1

cities that relinquish or defer their status as a metro-2

politan city for purposes of receiving allocations 3

under section 106 of such Act (42 U.S.C. 5306) for 4

fiscal year 2021. 5

‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOVERN-6

MENT.—The term ‘nonentitlement unit of local gov-7

ernment’ means a ‘city’, as that term is defined in 8

section 102(a)(5) of the Housing and Community De-9

velopment Act of 1974 (42 U.S.C. 5302(a)(5))), that 10

is not a metropolitan city. 11

‘‘(6) PREMIUM PAY.—The term ‘premium pay’ 12

has the meaning given such term in section 602(g). 13

‘‘(7) SECOND TRANCHE AMOUNT.—The term 14

‘Second Tranche Amount’ means, with respect to each 15

metropolitan city for which an amount is allocated 16

under subsection (b)(1), each State for which an 17

amount is allocated under subsection (b)(2) for dis-18

tribution to nonentitlement units of local government, 19

and each county for which an amount is allocated 20

under subsection (b)(3), an amount not to exceed 50 21

percent of the amount so allocated to such metropoli-22

tan city, State, or county (as applicable). 23



598

† HR 1319 EAS


50 States, the District of Columbia, the Common-2

wealth of Puerto Rico, the United States Virgin Is-3

lands, Guam, the Commonwealth of the Northern 4

Mariana Islands, and American Samoa. 5

‘‘(10) UNIT OF GENERAL LOCAL GOVERNMENT.— 6

The term ‘unit of general local government’ has the 7

meaning given that term in section 102(a)(1) of the 8

Housing and Community Development Act of 1974 9

(42 U.S.C. 5302(a)(1)). 10

‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND. 11




priated, $10,000,000,000, to remain available until ex-15

pended, for making payments to States, territories, and 16

Tribal governments to carry out critical capital projects di-17

rectly enabling work, education, and health monitoring, in-18

cluding remote options, in response to the public health 19

emergency with respect to the Coronavirus Disease 20

(COVID–19). 21

‘‘(b) PAYMENTS.— 22

‘‘(1) MINIMUM AMOUNTS.—From the amount ap-23

propriated under subsection (a)— 24

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† HR 1319 EAS

‘‘(A) the Secretary shall pay $100,000,000 1

to each State; 2

‘‘(B) the Secretary shall pay $100,000,000 3

of such amount in equal shares to the United 4

States Virgin Islands, Guam, American Samoa, 5

the Commonwealth of the Northern Mariana Is-6

lands, the Republic of the Marshall Islands, the 7

Federated States of Micronesia, and the Republic 8

of Palau; and 9

‘‘(C) the Secretary shall pay $100,000,000 10

of such amount in equal shares to Tribal govern-11

ments and the State of Hawaii (in addition to 12

the amount paid to the State of Hawaii under 13

subparagraph (A)), of which— 14

‘‘(i) not less than $50,000 shall be paid 15

to each Tribal government; and 16

‘‘(ii) not less than $50,000, and not 17

more than $200,000, shall be paid to the 18

State of Hawaii for the exclusive use of the 19

Department of Hawaiian Home Lands and 20

the Native Hawaiian Education Programs 21

to assist Native Hawaiians in accordance 22

with this section. 23

‘‘(2) REMAINING AMOUNTS.— 24

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† HR 1319 EAS

‘‘(A) IN GENERAL.—From the amount of the 1

appropriation under subsection (a) that remains 2

after the application of paragraph (1), the Sec-3

retary shall make payments to States based on 4

population such that— 5

‘‘(i) 50 percent of such amount shall be 6

allocated among the States based on the 7

proportion that the population of each State 8

bears to the population of all States; 9

‘‘(ii) 25 percent of such amount shall 10

be allocated among the States based on the 11

proportion that the number of individuals 12

living in rural areas in each State bears to 13

the number of individuals living in rural 14

areas in all States; and 15

‘‘(iii) 25 percent of such amount shall 16

be allocated among the States based on the 17

proportion that the number of individuals 18

with a household income that is below 150 19

percent of the poverty line applicable to a 20

family of the size involved in each State 21

bears to the number of such individuals in 22

all States. 23

‘‘(B) DATA.—In determining the allocations 24

to be made to each State under subparagraph 25

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† HR 1319 EAS

(A), the Secretary of the Treasury shall use the 1

most recent data available from the Bureau of 2

the Census. 3

‘‘(c) TIMING.—The Secretary shall establish a process 4

of applying for grants to access funding made available 5

under section (b) not later than 60 days after enactment 6

of this section. 7

‘‘(d) DEFINITIONS.—In this section: 8




50 States, the District of Columbia, and Puerto Rico. 12


government’ has the meaning given such term in sec-14

tion 602(g). 15

‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 16

FUND. 17




priated, $2,000,000,000 to remain available until Sep-21

tember 30, 2023, with amounts to be obligated for each of 22

fiscal years 2022 and 2023 in accordance with subsection 23

(b), for making payments under this section to eligible rev-24

enue sharing counties and eligible Tribal governments. 25

602

† HR 1319 EAS


‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHARING 2

COUNTIES.—For each of fiscal years 2022 and 2023, 3

the Secretary shall reserve $750,000,000 of the total 4

amount appropriated under subsection (a) to allocate 5

and pay to each eligible revenue sharing county in 6

amounts that are determined by the Secretary taking 7

into account economic conditions of each eligible rev-8

enue sharing county, using measurements of poverty 9

rates, household income, land values, and unemploy-10

ment rates as well as other economic indicators, over 11

the 20-year period ending with September 30, 2021. 12

‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERN-13

MENTS.—For each of fiscal years 2022 and 2023, the 14

Secretary shall reserve $250,000,000 of the total 15

amount appropriated under subsection (a) to allocate 16

and pay to eligible Tribal governments in amounts 17

that are determined by the Secretary taking into ac-18

count economic conditions of each eligible Tribe. 19

‘‘(c) USE OF PAYMENTS.—An eligible revenue sharing 20

county or an eligible Tribal government may use funds pro-21

vided under a payment made under this section for any 22

governmental purpose other than a lobbying activity. 23

‘‘(d) REPORTING REQUIREMENT.—Any eligible rev-24

enue sharing county receiving a payment under this section 25

603

† HR 1319 EAS

shall provide to the Secretary periodic reports providing a 1

detailed accounting of the uses of fund by such eligible rev-2

enue sharing county and such other information as the Sec-3

retary may require for the administration of this section. 4

‘‘(e) RECOUPMENT.—Any eligible revenue sharing 5

county that has failed to submit a report required under 6

subsection (d) or failed to comply with subsection (c), shall 7

be required to repay to the Secretary an amount equal to— 8

‘‘(1) in the case of a failure to comply with sub-9

section (c), the amount of funds used in violation of 10

such subsection; and 11

‘‘(2) in the case of a failure to submit a report 12

required under subsection (d), such amount as the 13

Secretary determines appropriate, but not to exceed 5 14

percent of the amount paid to the eligible revenue 15

sharing county under this section for all fiscal years. 16

‘‘(f) DEFINITIONS.—In this section: 17

‘‘(1) ELIGIBLE REVENUE SHARING COUNTY.— 18

The term ‘eligible revenue sharing county’ means— 19

‘‘(A) a county, parish, or borough— 20

‘‘(i) that is independent of any other 21

unit of local government; and 22

‘‘(ii) that, as determined by the Sec-23

retary, is the principal provider of govern-24

604

† HR 1319 EAS

ment services for the area within its juris-1

diction; and 2

‘‘(iii) for which, as determined by the 3

Secretary, there is a negative revenue im-4

pact due to implementation of a Federal 5

program or changes to such program; and 6

‘‘(B) the District of Columbia, the Common-7

wealth of Puerto Rico, Guam, and the United 8

States Virgin Islands. 9

‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The term 10

‘eligible Tribal government’ means the recognized gov-11

erning body of an eligible Tribe. 12

‘‘(3) ELIGIBLE TRIBE.—The term ‘eligible Tribe’ 13

means any Indian or Alaska Native tribe, band, na-14

tion, pueblo, village, community, component band, or 15

component reservation, individually identified (in-16

cluding parenthetically) in the list published most re-17

cently as of the date of enactment of this section pur-18

suant to section 104 of the Federally Recognized In-19

dian Tribe List Act of 1994 (25 U.S.C. 5131). 20


the Secretary of the Treasury.’’. 22

(b) CONFORMING AMENDMENT.—The heading for title 23

VI of the Social Security Act (42 U.S.C. 801 et seq.) is 24

amended by striking ‘‘FUND’’ and inserting ‘‘, FISCAL 25

605

† HR 1319 EAS

RECOVERY, AND CRITICAL CAPITAL 1

PROJECTS FUNDS’’. 2

Subtitle N—Other Provisions 3

SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID– 4

19. 5

Part A of title XI of the Social Security Act (42 U.S.C. 6

1301 et seq.) is amended by adding at the end the following: 7

‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO 8

COVID–19. 9

‘‘(a) FUNDING.—In addition to amounts otherwise 10

available, there is appropriated to the Secretary, for fiscal 11

year 2021, out of any monies in the Treasury not otherwise 12

appropriated, $8,500,000,000 for purposes of making pay-13

ments to eligible health care providers for health care re-14

lated expenses and lost revenues that are attributable to 15

COVID–19. Amounts appropriated under the preceding 16

sentence shall remain available until expended. 17

‘‘(b) APPLICATION REQUIREMENT.—To be eligible for 18

a payment under this section, an eligible health care pro-19

vider shall submit to the Secretary an application in such 20

form and manner as the Secretary shall prescribe. Such ap-21

plication shall contain the following: 22

‘‘(1) A statement justifying the need of the pro-23

vider for the payment, including documentation of the 24

606

† HR 1319 EAS

health care related expenses attributable to COVID–19 1

and lost revenues attributable to COVID–19. 2

‘‘(2) The tax identification number of the pro-3

vider. 4

‘‘(3) Such assurances as the Secretary determines 5

appropriate that the eligible health care provider will 6

maintain and make available such documentation 7

and submit such reports (at such time, in such form, 8

and containing such information as the Secretary 9

shall prescribe) as the Secretary determines is nec-10

essary to ensure compliance with any conditions im-11

posed by the Secretary under this section. 12

‘‘(4) Any other information determined appro-13

priate by the Secretary. 14

‘‘(c) LIMITATION.—Payments made to an eligible 15

health care provider under this section may not be used to 16

reimburse any expense or loss that— 17

‘‘(1) has been reimbursed from another source; or 18

‘‘(2) another source is obligated to reimburse. 19

‘‘(d) APPLICATION OF REQUIREMENTS, RULES, AND 20

PROCEDURES.—The Secretary shall apply any require-21

ments, rules, or procedures as the Secretary deems appro-22

priate for the efficient execution of this section. 23

‘‘(e) DEFINITIONS.—In this section: 24

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† HR 1319 EAS

‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The 1

term ‘eligible health care provider’ means— 2

‘‘(A) a provider of services (as defined in 3

section 1861(u)) or a supplier (as defined in sec-4

tion 1861(d)) that— 5

‘‘(i) is enrolled in the Medicare pro-6

gram under title XVIII under section 7

1866(j) (including temporarily enrolled 8

during the emergency period described in 9

section 1135(g)(1)(B) for such period); 10

‘‘(ii) provides diagnoses, testing, or 11

care for individuals with possible or actual 12

cases of COVID–19; and 13

‘‘(iii) is a rural provider or supplier; 14

or 15

‘‘(B) a provider or supplier that— 16

‘‘(i) is enrolled with a State Medicaid 17

plan under title XIX (or a waiver of such 18

plan) in accordance with subsections 19

(a)(77) and (kk) of section 1902 (including 20

enrolled pursuant to section 1902(a)(78) or 21

section 1932(d)(6)) or enrolled with a State 22

child health plan under title XXI (or a 23

waiver of such plan) in accordance with 24

subparagraph (G) of section 2107(e)(1) (in-25

608

† HR 1319 EAS

cluding enrolled pursuant to subparagraph 1

(D) or (Q) of such section); 2

‘‘(ii) provides diagnoses, testing, or 3

care for individuals with possible or actual 4

cases of COVID–19; and 5

‘‘(iii) is a rural provider or supplier. 6

‘‘(2) HEALTH CARE RELATED EXPENSES ATTRIB-7

UTABLE TO COVID–19.—The term ‘health care related 8

expenses attributable to COVID–19’ means health care 9

related expenses to prevent, prepare for, and respond 10

to COVID–19, including the building or construction 11

of a temporary structure, the leasing of a property, 12

the purchase of medical supplies and equipment, in-13

cluding personal protective equipment and testing 14

supplies, providing for increased workforce and train-15

ing (including maintaining staff, obtaining addi-16

tional staff, or both), the operation of an emergency 17

operation center, retrofitting a facility, providing for 18

surge capacity, and other expenses determined appro-19

priate by the Secretary. 20

‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID– 21

19.—The term ‘lost revenue attributable to COVID– 22

19’ has the meaning given that term in the Fre-23

quently Asked Questions guidance released by the De-24

partment of Health and Human Services in June 25

609

† HR 1319 EAS

2020, including the difference between such provider’s 1

budgeted and actual revenue if such budget had been 2

established and approved prior to March 27, 2020. 3

‘‘(4) PAYMENT.— The term ‘payment’ includes, 4

as determined appropriate by the Secretary, a pre- 5

payment, a prospective payment, a retrospective pay-6

ment, or a payment through a grant or other mecha-7

nism. 8

‘‘(5) RURAL PROVIDER OR SUPPLIER.—The term 9

‘rural provider or supplier’ means— 10

‘‘(A) a— 11

‘‘(i) provider or supplier located in a 12

rural area (as defined in section 13

1886(d)(2)(D)); or 14

‘‘(ii) provider treated as located in a 15

rural area pursuant to section 16

1886(d)(8)(E); 17

‘‘(B) a provider or supplier located in any 18

other area that serves rural patients (as defined 19

by the Secretary), which may include, but is not 20

required to include, a metropolitan statistical 21

area with a population of less than 500,000 (de-22

termined based on the most recently available 23

data); 24

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† HR 1319 EAS

‘‘(C) a rural health clinic (as defined in sec-1

tion 1861(aa)(2)); 2

‘‘(D) a provider or supplier that furnishes 3

home health, hospice, or long-term services and 4

supports in an individual’s home located in a 5

rural area (as defined in section 1886(d)(2)(D)); 6

or 7

‘‘(E) any other rural provider or supplier 8

(as defined by the Secretary).’’. 9

SEC. 9912. EXTENSION OF CUSTOMS USER FEES. 10

(a) IN GENERAL.—Section 13031(j)(3) of the Consoli-11

dated Omnibus Budget Reconciliation Act of 1985 (19 12

U.S.C. 58c(j)(3)) is amended— 13

(1) in subparagraph (A), by striking ‘‘October 14

21, 2029’’ and inserting ‘‘September 30, 2030’’; and 15

(2) in subparagraph (B)(i), by striking ‘‘October 16


(b) RATE FOR MERCHANDISE PROCESSING FEES.— 18

Section 503 of the United States-Korea Free Trade Agree-19

ment Implementation Act (Public Law 112–41; 19 U.S.C. 20

3805 note) is amended by striking ‘‘October 21, 2029’’ and 21


611

† HR 1319 EAS

TITLE X—COMMITTEE ON 1

FOREIGN RELATIONS 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 De-8

partment of State to carry out the authorities, functions, 9

duties, and responsibilities in the conduct of the foreign af-10

fairs of the United States, to prevent, prepare for, and re-11

spond to coronavirus domestically or internationally, which 12

shall include maintaining Department of State operations. 13

SEC. 10002. UNITED STATES AGENCY FOR INTERNATIONAL 14

DEVELOPMENT OPERATIONS. 15


authorized and appropriated to the Administrator of the 17

United States Agency for International Development for fis-18

cal year 2021, out of any money in the Treasury not other-19

wise appropriated, $41,000,000, to remain available until 20

September 30, 2022, to carry out the provisions of section 21

667 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427) 22

for necessary expenses of the United States Agency for Inter-23

national Development to prevent, prepare for, and respond 24

to coronavirus domestically or internationally, and for 25

612

† HR 1319 EAS

other operations and maintenance requirements related to 1

coronavirus. 2

SEC. 10003. GLOBAL RESPONSE. 3


available, there is authorized and appropriated to the Sec-5

retary of State for fiscal year 2021, out of any money in 6


to remain available until September 30, 2022, for necessary 8

expenses to carry out the provisions of section 531 of chap-9

ter 4 of part II of the Foreign Assistance Act of 1961 (22 10

U.S.C. 2346) as health programs to prevent, prepare for, 11

and respond to coronavirus, which shall include recovery 12

from the impacts of such virus and shall be allocated as 13

follows— 14

(1) $905,000,000 to be made available to the 15

United States Agency for International Development 16

for global health activities to prevent, prepare for, 17

and respond to coronavirus, which shall include a 18

contribution to a multilateral vaccine development 19

partnership to support epidemic preparedness; 20

(2) $3,750,000,000 to be made available to the 21

Department of State to support programs for the pre-22

vention, treatment, and control of HIV/AIDS in order 23

to prevent, prepare for, and respond to coronavirus, 24

including to mitigate the impact on such programs 25

613

† HR 1319 EAS

from coronavirus and support recovery from the im-1

pacts of the coronavirus, of which not less than 2

$3,500,000,000 shall be for a United States contribu-3

tion to the Global Fund to Fight AIDS, Tuberculosis 4

and Malaria; 5

(3) $3,090,000,000 to be made available to the 6

United States Agency for International Development 7

to prevent, prepare for, and respond to coronavirus, 8

which shall include support for international disaster 9

relief, rehabilitation, and reconstruction, for health 10

activities, and to meet emergency food security needs; 11

and 12

(4) $930,000,000 to be made available to prevent, 13

prepare for, and respond to coronavirus, which shall 14

include activities to address economic and stabiliza-15

tion requirements resulting from such virus. 16

(b) WAIVER OF LIMITATION.—Any contribution to the 17

Global Fund to Fight AIDS, Tuberculosis and Malaria 18

made pursuant to subsection (a)(2) shall be made available 19

notwithstanding section 202(d)(4)(A)(i) of the United 20

States Leadership Against HIV/AIDS, Tuberculosis, and 21

Malaria Act of 2003 (22 U.S.C. 7622(d)(4)(A)(i)), and such 22

contribution shall not be considered a contribution for the 23

purpose of applying such section 202(d)(4)(A)(i). 24

614

† HR 1319 EAS

SEC. 10004. HUMANITARIAN RESPONSE. 1


available, there is authorized and appropriated to the Sec-3

retary of State for fiscal year 2021, out of any money in 4


remain available until September 30, 2022, to carry out 6

the provisions of section 2(a) and (b) of the Migration and 7

Refugee Assistance Act of 1962 (22 U.S.C. 2601(a) and (b)) 8

to prevent, prepare for, and respond to coronavirus. 9

(b) USE OF FUNDS.—Funds appropriated pursuant to 10

this section shall not be made available for the costs of reset-11

tling refugees in the United States. 12

SEC. 10005. MULTILATERAL ASSISTANCE. 13


authorized and appropriated to the Secretary of State for 15



until September 30, 2022, to carry out the provisions of 18

section 301(a) of the Foreign Assistance Act of 1961 (22 19

U.S.C. 2221(a)) to prevent, prepare for, and respond to 20

coronavirus, which shall include support for the priorities 21

and objectives of the United Nations Global Humanitarian 22

Response Plan COVID–19 through voluntary contributions 23

to international organizations and programs administered 24

by such organizations. 25

615

† HR 1319 EAS

TITLE XI—COMMITTEE ON 1

INDIAN AFFAIRS 2

SEC. 11001. INDIAN HEALTH SERVICE. 3

(a) In addition to amounts otherwise available, there 4

is appropriated to the Secretary of Health and Human 5

Services (in this section referred to as the ‘‘Secretary’’) for 6



able until expended, of which— 9

(1) $5,484,000,000 shall be for carrying out the 10

Act of August 5, 1954 (42 U.S.C. 2001 et seq.) (com-11

monly referred to as the Transfer Act), the Indian 12

Self-Determination and Education Assistance Act (25 13

U.S.C. 5301 et seq.), the Indian Health Care Im-14

provement Act (25 U.S.C. 1601 et seq.), and titles II 15

and III of the Public Health Service Act (42 U.S.C. 16

201 et seq. and 241 et seq.) with respect to the Indian 17

Health Service, of which— 18

(A) $2,000,000,000 shall be for lost reim-19

bursements, in accordance with section 207 of the 20

Indian Health Care Improvement Act (25 U.S.C. 21

1621f); 22

(B) $500,000,000 shall be for the provision 23

of additional health care services, services pro-24

616

† HR 1319 EAS

vided through the Purchased/Referred Care pro-1

gram, and other related activities; 2

(C) $140,000,000 shall be for information 3

technology, telehealth infrastructure, and the In-4

dian Health Service electronic health records sys-5

tem; 6

(D) $84,000,000 shall be for maintaining 7

operations of the Urban Indian health program, 8

which shall be in addition to other amounts 9

made available under this subsection for Urban 10

Indian organizations (as defined in section 4 of 11

the Indian Health Care Improvement Act (25 12

U.S.C. 1603)); 13

(E) $600,000,000 shall be for necessary ex-14

penses to plan, prepare for, promote, distribute, 15

administer, and track COVID–19 vaccines, for 16

the purposes described in subparagraphs (F) and 17

(G), and for other vaccine-related activities; 18

(F) $1,500,000,000 shall be for necessary ex-19

penses to detect, diagnose, trace, and monitor 20

COVID–19 infections, activities necessary to 21

mitigate the spread of COVID–19, supplies nec-22

essary for such activities, for the purposes de-23

scribed in subparagraphs (E) and (G), and for 24

other related activities; 25

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† HR 1319 EAS

(G) $240,000,000 shall be for necessary ex-1

penses to establish, expand, and sustain a public 2

health workforce to prevent, prepare for, and re-3

spond to COVID–19, other public health work-4

force-related activities, for the purposes described 5

in subparagraphs (E) and (F), and for other re-6

lated activities; and 7

(H) $420,000,000 shall be for necessary ex-8

penses related to mental health and substance use 9

prevention and treatment services, for the pur-10

poses described in subparagraph (C) and para-11

graph (2) as related to mental health and sub-12

stance use prevention and treatment services, 13

and for other related activities; 14

(2) $600,000,000 shall be for the lease, purchase, 15

construction, alteration, renovation, or equipping of 16

health facilities to respond to COVID–19, and for 17

maintenance and improvement projects necessary to 18

respond to COVID–19 under section 7 of the Act of 19

August 5, 1954 (42 U.S.C. 2004a), the Indian Self- 20

Determination and Education Assistance Act (25 21

U.S.C. 5301 et seq.), the Indian Health Care Im-22

provement Act (25 U.S.C. 1601 et seq.), and titles II 23

and III of the Public Health Service Act (42 U.S.C. 24

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† HR 1319 EAS

202 et seq.) with respect to the Indian Health Service; 1

and 2

(3) $10,000,000 shall be for carrying out section 3

7 of the Act of August 5, 1954 (42 U.S.C. 2004a) for 4

expenses relating to potable water delivery. 5

(b) Funds appropriated by subsection (a) shall be 6

made available to restore amounts, either directly or 7

through reimbursement, for obligations for the purposes 8

specified in this section that were incurred to prevent, pre-9

pare for, and respond to COVID–19 during the period be-10

ginning on the date on which the public health emergency 11

was declared by the Secretary on January 31, 2020, pursu-12

ant to section 319 of the Public Health Service Act (42 13

U.S.C. 247d) with respect to COVID–19 and ending on the 14


(c) Funds made available under subsection (a) to 16

Tribes and Tribal organizations under the Indian Self-De-17

termination and Education Assistance Act (25 U.S.C. 5301 18

et seq.) shall be available on a one-time basis. Such non- 19

recurring funds shall not be part of the amount required 20

by section 106 of the Indian Self-Determination and Edu-21

cation Assistance Act (25 U.S.C. 5325), and such funds 22

shall only be used for the purposes identified in this section. 23

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† HR 1319 EAS

SEC. 11002. BUREAU OF INDIAN AFFAIRS. 1


made available, there is appropriated for fiscal year 2021, 3


priated, $900,000,000 to remain available until expended, 5

pursuant to the Snyder Act (25 U.S.C. 13), of which— 6

(1) $100,000,000 shall be for Tribal housing im-7

provement; 8

(2) $772,500,000 shall be for Tribal government 9

services, public safety and justice, social services, 10

child welfare assistance, and for other related ex-11

penses; 12

(3) $7,500,000 shall be for related Federal ad-13

ministrative costs and oversight; and 14

(4) $20,000,000 shall be to provide and deliver 15

potable water. 16

(b) EXCLUSIONS FROM CALCULATION.—Funds appro-17

priated under subsection (a) shall be excluded from the cal-18

culation of funds received by those Tribal governments that 19

participate in the ‘‘Small and Needy’ ’’ program. 20

(c) ONE-TIME BASIS FUNDS.—Funds made available 21

under subsection (a) to Tribes and Tribal organizations 22

under the Indian Self-Determination and Education Assist-23

ance Act (25 U.S.C. 5301 et seq.) shall be available on a 24

one-time basis. Such non-recurring funds shall not be part 25

of the amount required by section 106 of the Indian Self- 26

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† HR 1319 EAS

Determination and Education Assistance Act (25 U.S.C. 1

5325), and such funds shall only be used for the purposes 2

identified in this section. 3

SEC. 11003. HOUSING ASSISTANCE AND SUPPORTIVE SERV-4

ICES PROGRAMS FOR NATIVE AMERICANS. 5







2025, to prevent, prepare for, and respond to coronavirus, 12

for activities and assistance authorized under title I of the 13

Native American Housing Assistance and Self-Determina-14

tion Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 15

under title VIII of NAHASDA (25 U.S.C. 4221 et seq.), 16

and under section 106(a)(1) of the Housing and Commu-17

nity Development Act of 1974 with respect to Indian tribes 18

(42 U.S.C. 5306(a)(1)), which shall be made available as 19

follows: 20

(1) HOUSING BLOCK GRANTS.—$455,000,000 21

shall be available for the Native American Housing 22

Block Grants and Native Hawaiian Housing Block 23

Grant programs, as authorized under titles I and 24

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† HR 1319 EAS

VIII of NAHASDA, subject to the following terms and 1

conditions: 2

(A) FORMULA.—Of the amounts made 3

available under this paragraph, $450,000,000 4

shall be for grants under title I of NAHASDA 5

and shall be distributed according to the same 6

funding formula used in fiscal year 2021. 7

(B) NATIVE HAWAIIANS.—Of the amounts 8

made available under this paragraph, $5,000,000 9

shall be for grants under title VIII of 10

NAHASDA. 11

(C) USE.—Amounts made available under 12

this paragraph shall be used by recipients to pre-13

vent, prepare for, and respond to coronavirus, 14

including to maintain normal operations and 15

fund eligible affordable housing activities under 16

NAHASDA during the period that the program 17

is impacted by coronavirus. In addition, 18

amounts made available under subparagraph 19

(B) may be used to provide rental assistance to 20

eligible Native Hawaiian families both on and 21

off the Hawaiian Home Lands. 22

(D) TIMING OF OBLIGATIONS.—Amounts 23

made available under this paragraph shall be 24

used, as necessary, to cover or reimburse allow-25

622

† HR 1319 EAS

able costs to prevent, prepare for, and respond to 1

coronavirus that are incurred by a recipient, in-2

cluding for costs incurred after January 21, 3

2020. 4

(E) WAIVERS OR ALTERNATIVE REQUIRE-5

MENTS.—The Secretary may waive or specify al-6

ternative requirements for any provision of 7

NAHASDA (25 U.S.C. 4101 et seq.) or regula-8

tion applicable to the Native American Housing 9

Block Grants or Native Hawaiian Housing 10

Block Grant program other than requirements 11

related to fair housing, nondiscrimination, labor 12

standards, and the environment, upon a finding 13

that the waiver or alternative requirement is 14

necessary to expedite or facilitate the use of 15

amounts made available under this paragraph. 16

(F) UNOBLIGATED AMOUNTS.—Amounts 17

made available under this paragraph which are 18

not accepted, are voluntarily returned, or other-19

wise recaptured for any reason shall be used to 20

fund grants under paragraph (2). 21

(2) INDIAN COMMUNITY DEVELOPMENT BLOCK 22

GRANTS.—$280,000,000 shall be available for grants 23

under title I of the Housing and Community Develop-24

623

† HR 1319 EAS

ment Act of 1974, subject to the following terms and 1

conditions: 2

(A) USE.—Amounts made available under 3

this paragraph shall be used for emergencies that 4

constitute imminent threats to health and safety 5

and are designed to prevent, prepare for, and re-6

spond to coronavirus. 7

(B) PLANNING.—Not to exceed 20 percent of 8

any grant made with funds made available 9

under this paragraph shall be expended for plan-10

ning and management development and admin-11

istration. 12

(C) TIMING OF OBLIGATIONS.—Amounts 13

made available under this paragraph shall be 14

used, as necessary, to cover or reimburse allow-15

able costs to prevent, prepare for, and respond to 16

coronavirus incurred by a recipient, including 17

for costs incurred after January 21, 2020. 18

(D) INAPPLICABILITY OF PUBLIC SERVICES 19

CAP.—Indian tribes may use up to 100 percent 20

of any grant from amounts made available 21

under this paragraph for public services activi-22

ties to prevent, prepare for, and respond to 23

coronavirus. 24

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† HR 1319 EAS

(E) WAIVERS OR ALTERNATIVE REQUIRE-1

MENTS.—The Secretary may waive or specify al-2

ternative requirements for any provision of title 3

I of the Housing and Community Development 4

Act of 1974 (42 U.S.C. 5301 et seq.) or regula-5

tion applicable to the Indian Community Devel-6

opment Block Grant program other than require-7

ments related to fair housing, nondiscrimination, 8

labor standards, and the environment, upon a 9

finding that the waiver or alternative require-10

ment is necessary to expedite or facilitate the use 11

of amounts made available under this para-12

graph. 13

(3) TECHNICAL ASSISTANCE.—$10,000,000 shall 14

be used to make new awards or increase prior awards 15

to existing technical assistance providers to provide 16

an immediate increase in training and technical as-17

sistance to Indian tribes, Indian housing authorities, 18

tribally designated housing entities, and recipients 19

under title VIII of NAHASDA for activities under 20

this section. 21

(4) OTHER COSTS.—$5,000,000 shall be used for 22

the administrative costs to oversee and administer the 23

implementation of this section, and pay for associated 24

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† HR 1319 EAS

information technology, financial reporting, and other 1

costs. 2

SEC. 11004. COVID–19 RESPONSE RESOURCES FOR THE 3

PRESERVATION AND MAINTENANCE OF NA-4

TIVE AMERICAN LANGUAGES. 5

(a) Section 816 of the Native American Programs Act 6

of 1974 (42 U.S.C. 2992d) is amended by adding at the 7

end the following: 8

‘‘(f) In addition to amounts otherwise available, there 9

is appropriated for fiscal year 2021, out of any money in 10

the Treasury not otherwise appropriated, $20,000,000 to re-11

main available until expended, to carry out section 803C(g) 12

of this Act.’’. 13

(b) Section 803C of the Native American Programs Act 14

of 1974 (42 U.S.C. 2991b–3) is amended by adding at the 15

end the following: 16

‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN 17

LANGUAGE PRESERVATION AND MAINTENANCE.—Not later 18

than 180 days after the effective date of this subsection, the 19

Secretary shall award grants to entities eligible to receive 20

assistance under subsection (a)(1) to ensure the survival 21

and continuing vitality of Native American languages dur-22

ing and after the public health emergency declared by the 23

Secretary pursuant to section 319 of the Public Health 24

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† HR 1319 EAS

Service Act (42 U.S.C. 247d) with respect to the COVID– 1

19 pandemic.’’. 2

SEC. 11005. BUREAU OF INDIAN EDUCATION. 3


appropriated to the Bureau of Indian Education for fiscal 5



pended, to be allocated by the Director of the Bureau of 8

Indian Education not more than 45 calendar days after 9

the date of enactment of this Act, for programs or activities 10

operated or funded by the Bureau of Indian Education, for 11

Bureau-funded schools (as defined in section 1141(3) of the 12

Education Amendments of 1978 (25 U.S.C. 2021(3)), and 13

for Tribal Colleges or Universities (as defined in section 14

316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 15

1059c(b)(3))). 16

SEC. 11006. AMERICAN INDIAN, NATIVE HAWAIIAN, AND 17

ALASKA NATIVE EDUCATION. 18





pended, for awards, which shall be determined by the Sec-23

retary of Education not more than 180 calendar days after 24

the date of enactment of this Act, of which— 25

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† HR 1319 EAS

(1) $20,000,000 shall be for awards for Tribal 1

education agencies for activities authorized under sec-2

tion 6121(c) of the Elementary and Secondary Edu-3

cation Act of 1965 (20 U.S.C. 7441(c)); 4

(2) $85,000,000 shall be for awards to entities el-5

igible to receive grants under section 6205(a)(1) of the 6

Elementary and Secondary Education Act of 1965 7

(20 U.S.C. 7515(a)(1)) for activities authorized under 8

section 6205(a)(3) of the Elementary and Secondary 9

Education Act of 1965 (20 U.S.C. 7515(a)(3)); and 10

(3) $85,000,000 shall be for awards to entities el-11

igible to receive grants under section 6304(a)(1) of the 12

Elementary and Secondary Education Act of 1965 of 13

1965 (20 U.S.C. 7544(a)(1)) for activities authorized 14

under section 6304(a)(2–3) of the Elementary and 15


7544(a)(2–3)) and other related activities. 17

Attest:

Secretary.

11

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In the Senate of the United States,In the Senate of the United States, March 6 (legislative day,...

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Transcript of In the Senate of the United States,In the Senate of the United States, March 6 (legislative day,...