H.R. 1860 – Responsible Additions and Increases To Sustain Employee Health Benefits Act of…

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Updated February 8, 2026 at 12:16 AM UTC

The bill amends the Internal Revenue Code to make health flexible spending arrangements (FSAs) more generous for American families. It raises the annual contribution limit, adds extra amounts for additional dependents, and lets unused funds be carried forward to the next year without tax consequences. These changes affect employees who participate in employer‑provided FSAs and their dependents.

Key Provisions

Increases the annual FSA maximum from $2,500 to $5,000, plus an extra $500 for each dependent beyond the first two.
Updates the inflation‑adjustment dates and amounts for the FSA limits.
Allows participants to carry forward any unused FSA balance to the following year, treating the carryforward as occurring within 30 days and excluding it from gross income.
Specifies that the carried‑forward amount does not reduce the contribution limit for the next year.
Changes the heading of the relevant code section and sets the new rules to apply to taxable years beginning after December 31, 2021.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

Ways and Means Committee

March 11, 2021

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HouseIntro Referral

Introduced in House

March 11, 2021

HouseIntro Referral

Referred to the House Committee on Ways and Means.

Ways and Means Committee

March 11, 2021

Bill Text

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Introduced in HouseIssued March 11, 2021

I

117th CONGRESS

1st Session

H. R. 1860

IN THE HOUSE OF REPRESENTATIVES

March 11, 2021

Mr. Stivers (for himself, Mr. Vicente Gonzalez of Texas, Mr. Kelly of Pennsylvania, Mrs. Beatty, Mr. Allen, Mr. Cohen, Ms. Norton, Mr. Johnson of Ohio, Mr. Rodney Davis of Illinois, Mr. Balderson, Mr. Grothman, Mr. Fitzpatrick, Mr. Gosar, Mr. Chabot, Mr. Ruppersberger, Mrs. Wagner, Mr. Baird, Mr. Emmer, and Ms. Meng) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide the opportunity for responsible health savings to all American families.

1.

Short title

This Act may be cited as the Responsible Additions and Increases To Sustain Employee Health Benefits Act of 2021.

2.

Expandable health flexible spending arrangements

(a)

Expansion of annual maximum

(1)

In general

Paragraph (1) of section 125(i) of the Internal Revenue Code of 1986 is amended—

(A)

by striking $2,500 and inserting $5,000, with an additional $500 per each additional employee dependent above two dependents, and

(B)

by inserting at the end the following: An additional employee dependent may not be taken into account under the preceding sentence for any taxable year if such additional employee dependent has been taken into account by another person under such sentence for such taxable year..

(2)

Adjustment for inflation

Paragraph (2) of section 125(i) of the Internal Revenue Code of 1986 is amended—

(A)

by striking December 31, 2013 and inserting December 31, 2022,

(B)

by striking the dollar amount and inserting each of the dollar amounts, and

(C)

in subparagraph (B), by striking calendar year 2012 and inserting calendar year 2021.

(b)

Carryforward of unused benefits

Section 125(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(3)

Carryforward of unused benefits

(A)

In general

A plan or arrangement may permit a participant in a health flexible spending arrangement to elect to carry forward any aggregate unused balances in the participant’s accounts under such arrangement as of the close of any year to the succeeding year. Such carryforward shall be treated as having occurred within 30 days of the close of the year.

(B)

Limitation

The amount which a participant may elect to carry forward under subparagraph (A) from any year shall be any aggregate unused balances in the participant’s account at the close of any year.

(C)

Exclusion from gross income

No amount shall be included in gross income under this chapter by reason of any carryforward under this paragraph.

(D)

Coordination limits

The maximum amount which may be contributed to a health flexible spending arrangement for any year to which an unused amount is carried under this paragraph shall not be reduced by such unused amount.

.

(c)

Conforming amendment

Section 125(i) of the Internal Revenue Code of 1986 is amended by striking Limitation on health flexible spending arrangements in the heading and inserting Special rules for health flexible spending arrangements.

(d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2021.