Authority

H. R. 133

One Hundred Sixteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty

An Act
Making consolidated appropriations for the fiscal year ending September 30, 2021,
providing coronavirus emergency response and relief, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2021’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Availability of funds.
Adjustments to compensation.
Definition.
Office of Management and Budget Reporting Requirement.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title
Title
Title

I—Agricultural Programs
II—Farm Production and Conservation Programs
III—Rural Development Programs
IV—Domestic Food Programs
V—Foreign Assistance and Related Programs
VI—Related Agency and Food and Drug Administration
VII—General Provisions

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title

I—Department of Commerce
II—Department of Justice
III—Science
IV—Related Agencies
V—General Provisions

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title
Title
Title
Title
Title

I—Military Personnel
II—Operation and Maintenance
III—Procurement
IV—Research, Development, Test and Evaluation
V—Revolving and Management Funds
VI—Other Department of Defense Programs
VII—Related Agencies
VIII—General Provisions
IX—Overseas Contingency Operations

H. R. 133—862
(2) $7,000,000 to provide direct loans under such section
7(m).
SEC. 330. EXTENSION OF PARTICIPATION IN 8(a) PROGRAM.

(a) IN GENERAL.—The Administrator shall ensure that a small
business concern participating in the program established under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on or
before September 9, 2020, may elect to extend such participation
by a period of 1 year, regardless of whether the small business
concern previously elected to suspend participation in the program
pursuant to guidance of the Administrator.
(b) EMERGENCY RULEMAKING AUTHORITY.—Not later than 15
days after the date of enactment of this Act, the Administrator
shall issue regulations to carry out this section without regard
to the notice requirements under section 553(b) of title 5, United
States Code.
SEC. 331. TARGETED EIDL ADVANCE FOR SMALL BUSINESS CONTINUITY, ADAPTATION, AND RESILIENCY.

(a) DEFINITIONS.—In this section:
(1) AGRICULTURAL ENTERPRISE.—The term ‘‘agricultural
enterprise’’ has the meaning given the term in section 18(b)
of the Small Business Act (15 U.S.C. 647(b)).
(2) COVERED ENTITY.—The term ‘‘covered entity’’—
(A) means an eligible entity that—
(i) applies for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) during the
covered period, including before the date of enactment
of this Act;
(ii) is located in a low-income community;
(iii) has suffered an economic loss of greater than
30 percent; and
(iv) employs not more than 300 employees; and
(B) except with respect to an entity included under
section 123.300(c) of title 13, Code of Federal Regulations,
or any successor regulation, does not include an agricultural enterprise.
(3) COVERED PERIOD.—The term ‘‘covered period’’ has the
meaning given the term in section 1110(a)(1) of the CARES
Act (15 U.S.C. 9009(a)(1)), as amended by section 332 of this
Act.
(4) ECONOMIC LOSS.—The term ‘‘economic loss’’ means, with
respect to a covered entity—
(A) the amount by which the gross receipts of the
covered entity declined during an 8-week period between
March 2, 2020, and December 31, 2021, relative to a comparable 8-week period immediately preceding March 2,
2020, or during 2019; or
(B) if the covered entity is a seasonal business concern,
such other amount determined appropriate by the Administrator.
(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an
entity that, during the covered period, is eligible for a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), as described in section 1110(b) of the CARES Act
(15 U.S.C. 9009(b)).

H. R. 133—863
(6) LOW-INCOME COMMUNITY.—The term ‘‘low-income
community’’ has the meaning given the term in section 45D(e)
of the Internal Revenue Code of 1986.
(b) ENTITLEMENT TO FULL AMOUNT.—
(1) IN GENERAL.—Subject to paragraph (2), a covered entity,
after submitting a request to the Administrator that the
Administrator verifies under subsection (c), shall receive a total
of $10,000 under section 1110(e) of the CARES Act (15 U.S.C.
9009(e)), without regard to whether—
(A) the applicable loan for which the covered entity
applies or applied under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is or was approved;
(B) the covered entity accepts or accepted the offer
of the Administrator with respect to an approved loan
described in subparagraph (A); or
(C) the covered entity has previously received a loan
under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)).
(2) EFFECT OF PREVIOUSLY RECEIVED AMOUNTS.—
(A) IN GENERAL.—With respect to a covered entity that
received an emergency grant under section 1110(e) of the
CARES Act (15 U.S.C. 9009(e)) before the date of enactment
of this Act, the amount of the payment that the covered
entity shall receive under this subsection (after satisfaction
of the procedures required under subparagraph (B)) shall
be the difference between $10,000 and the amount of that
previously received grant.
(B) PROCEDURES.—If the Administrator receives a
request under paragraph (1) from a covered entity described
in subparagraph (A) of this paragraph, the Administrator
shall, not later than 21 days after the date on which
the Administrator receives the request—
(i) perform the verification required under subsection (c);
(ii) if the Administrator, under subsection (c),
verifies that the entity is a covered entity, provide
to the covered entity a payment in the amount
described in subparagraph (A); and
(iii) with respect to a covered entity that the
Administrator determines is not entitled to a payment
under this section, provide the covered entity with
a notification explaining why the Administrator
reached that determination.
(C) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require any entity that received
an emergency grant under section 1110(e) of the CARES
Act (15 U.S.C. 9009(e)) before the date of enactment of
this Act to repay any amount of that grant.
(c) VERIFICATION.—In carrying out this section, the Administrator shall require any information, including any tax records,
from an entity submitting a request under subsection (b) that
the Administrator determines to be necessary to verify that the
entity is a covered entity, without regard to whether the entity
has previously submitted such information to the Administrator.
(d) ORDER OF PROCESSING.—The Administrator shall process
and approve requests for payments under subsection (b) in the

H. R. 133—864
order that the Administrator receives the requests, except that
the Administrator shall give—
(1) first priority to covered entities described in subsection
(b)(2)(A); and
(2) second priority to covered entities that have not received
emergency grants under section 1110(e) of the CARES Act
(15 U.S.C. 9009(e)), as of the date on which the Administrator
receives such a request, because of the unavailability of funding
to carry out such section 1110(e).
(e) APPLICABILITY.—In addition to any other restriction imposed
under this section, any eligibility restriction applicable to a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), including any restriction under section 123.300 or
123.301 of title 13, Code of Federal Regulations, or any successor
regulation, shall apply with respect to funding provided under this
section.
(f) NOTIFICATION REQUIRED.—The Administrator shall provide
notice to each of the following entities stating that the entity
may be eligible for a payment under this section if the entity
satisfies the requirements under clauses (ii), (iii), and (iv) of subsection (a)(2)(A):
(1) Each entity that received an emergency grant under
section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before
the date of enactment of this Act.
(2) Each entity that, before the date of enactment of this
Act—
(A) applied for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)); and
(B) did not receive an emergency grant under section
1110(e) of the CARES Act (15 U.S.C. 9009(e)) because
of the unavailability of funding to carry out such section
1110(e).
(g) ADMINISTRATION.—In carrying out this section, the Administrator may rely on loan officers and other personnel of the Office
of Disaster Assistance of the Administration and other resources
of the Administration, including contractors of the Administration.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator $20,000,000,000 to carry
out this section—
(1) which shall remain available through December 31,
2021; and
(2) of which $20,000,000 is authorized to be appropriated
to the Inspector General of the Administration to prevent waste,
fraud, and abuse with respect to funding provided under this
section.
SEC. 332. EMERGENCY EIDL GRANTS.

Section 1110 of the CARES Act (15 U.S.C. 9009) is amended—
(1) in subsection (a)(1), by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’;
(2) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) approve an applicant—
‘‘(A) based solely on the credit score of the applicant;
or
‘‘(B) by using alternative appropriate methods to determine an applicant’s ability to repay; and

H. R. 133—865
‘‘(2) use information from the Department of the Treasury
to confirm that—
‘‘(A) an applicant is eligible to receive such a loan;
or
‘‘(B) the information contained in an application for
such a loan is accurate.’’; and
(3) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘During the covered period’’ and
inserting the following:
‘‘(A) ADVANCES.—During the covered period’’;
(ii) in subparagraph (A), as so designated, by
striking ‘‘within 3 days after the Administrator receives
an application from such applicant’’; and
(iii) by adding at the end the following:
‘‘(B) TIMING.—With respect to each request submitted
to the Administrator under subparagraph (A), the Administrator shall, not later than 21 days after the date on
which the Administrator receives the request—
‘‘(i) verify whether the entity is an entity that
is eligible for a loan made under section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) during
the covered period, as described in subsection (b);
‘‘(ii) if the Administrator, under clause (i), verifies
that the entity submitting the request is an entity
that is eligible, as described in that clause, provide
the advance requested by the entity; and
‘‘(iii) with respect to an entity that the Administrator determines is not entitled to receive an advance
under this subsection, provide the entity with a
notification explaining why the Administrator reached
that determination.’’;
(B) in paragraph (7), by striking ‘‘ $20,000,000,000’’
and inserting ‘‘ $40,000,000,000’’; and
(C) in paragraph (8), by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’.
SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered entity’’ means an entity that receives
an advance under section 1110(e) of the CARES Act (15 U.S.C.
9009(e)), including an entity that received such an advance
before the date of enactment of this Act; and
(2) the term ‘‘covered period’’ has the meaning given the
term in section 1110(a)(1) of the CARES Act (15 U.S.C.
9009(a)(1)), as amended by section 332 of this Act.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
borrowers of loans made under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)) in response to COVID–19 during the
covered period should be made whole, without regard to whether
those borrowers are eligible for forgiveness with respect to those
loans.
(c) REPEAL.—Section 1110(e)(6) of the CARES Act (15 U.S.C.
9009(e)(6)) is repealed.
(d) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (c) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281).

H. R. 1319

One Hundred Seventeenth Congress
of the
United States of America
AT T H E F I R S T S E S S I O N
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one

An Act
To provide for reconciliation pursuant to title II of S. Con. Res. 5.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American Rescue Plan Act
of 2021’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Subtitle A—Agriculture
Food supply chain and agriculture pandemic response.
Emergency rural development grants for rural health care.
Pandemic program administration funds.
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 associated expenses.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.

Subtitle B—Nutrition
Sec. 1101. Supplemental nutrition assistance program.
Sec. 1102. Additional assistance for SNAP online purchasing and technology improvements.
Sec. 1103. Additional funding for nutrition assistance programs.
Sec. 1104. Commodity supplemental food program.
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
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2001.
2002.
2003.
2004.
2005.
2006.
2007.
2008.

PART 1—DEPARTMENT OF EDUCATION
Elementary and Secondary School Emergency Relief Fund.
Emergency assistance to non-public schools.
Higher Education Emergency Relief Fund.
Maintenance of effort and maintenance of equity.
Outlying areas.
Gallaudet University.
Student aid administration.
Howard University.

H. R. 1319—82
that are received on or after the date of the enactment of
this Act.
(d) COMMITMENT AUTHORITY AND APPROPRIATIONS.—
(1) COMMITMENT AUTHORITY.—Section 1102(b)(1) of the
CARES Act (Public Law 116–136) is amended by striking
‘‘$806,450,000,000’’ and inserting ‘‘$813,700,000,000’’.
(2) DIRECT APPROPRIATIONS.—In addition to amounts otherwise available, there is appropriated to the Administrator of
the Small Business Administration for fiscal year 2021, out
of any money in the Treasury not otherwise appropriated,
$7,250,000,000, to remain available until expended, for carrying
out this section.
SEC. 5002. TARGETED EIDL ADVANCE.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the Small Business Administration; and
(2) the terms ‘‘covered entity’’ and ‘‘economic loss’’ have
the meanings given the terms in section 331(a) of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
Act (title III of division N of Public Law 116–260).
(b) APPROPRIATIONS.—In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year
2021, out of any money in the Treasury not otherwise appropriated,
$15,000,000,000—
(1) to remain available until expended; and
(2) of which, the Administrator shall use—
(A) $10,000,000,000 to make payments to covered entities that have not received the full amounts to which
the covered entities are entitled under section 331 of the
Economic Aid to Hard-Hit Small Businesses, Nonprofits,
and Venues Act (title III of division N of Public Law 116–
260); and
(B) $5,000,000,000 to make payments under section
1110(e) of the CARES Act (15 U.S.C. 9009(e)), each of
which shall be—
(i) made to a covered entity that—
(I) has suffered an economic loss of greater
than 50 percent; and
(II) employs not more than 10 employees;
(ii) in an amount that is $5,000; and
(iii) with respect to the covered entity to which
the payment is made, in addition to any payment
made to the covered entity under section 1110(e) of
the CARES Act (15 U.S.C. 9009(e)) or section 331
of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (title III of division N
of Public Law 116–260).
SEC. 5003. SUPPORT FOR RESTAURANTS.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Small Business Administration.
(2) AFFILIATED BUSINESS.—The term ‘‘affiliated business’’
means a business in which an eligible entity has an equity
or right to profit distributions of not less than 50 percent,
or in which an eligible entity has the contractual authority
to control the direction of the business, provided that such