Bill — H.R. 5376, An Act To Provide for Reconciliation (House)
Summary
H.R. 5376 is an Act to provide for reconciliation pursuant to title II of a concurrent resolution. Title I, Committee on Agriculture, includes Subtitle A, General Provisions, which defines the terms “insular area” and “Secretary”. Subtitle B, Forestry, section 11001, appropriates to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000,000 for fuels reduction projects on National Forest System land within the wildland-urban interface. It also appropriates $4,000,000,000 for projects outside that interface on a determination made solely by the Secretary.
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“Bill — H.R. 5376, An Act To Provide for Reconciliation (House).”
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117TH CONGRESS
1ST SESSION
H. R. 5376
AN ACT
To provide for reconciliation pursuant to title II of S. Con.
Res. 14.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
2
1 TITLE I—COMMITTEE ON
2 AGRICULTURE
3 Subtitle A—General Provisions
4 SECTION 10001. DEFINITIONS.
5 In this title:
6 (1) The term ‘‘insular area’’ has the meaning
7 given such term in section 1404 of the National Ag-
8 ricultural Research, Extension, and Teaching Policy
9 Act of 1977 (7 U.S.C. 3103).
10 (2) The term ‘‘Secretary’’ means the Secretary
11 of Agriculture.
12 Subtitle B—Forestry
13 SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND
14 FUELS REDUCTION PROJECTS.
15 (a) APPROPRIATIONS.—In addition to amounts other-
16 wise available, there are appropriated to the Secretary for
17 fiscal year 2022, out of any money in the Treasury not
18 otherwise appropriated, to remain available until Sep-
19 tember 30, 2031—
20 (1) $10,000,000,000 for hazardous fuels reduc-
21 tion projects on National Forest System land within
22 the wildland-urban interface;
23 (2) $4,000,000,000 for, on a determination
24 made solely by the Secretary that hazardous fuels
25 reduction projects within the wildland-urban inter-
•HR 5376 EH
3
1 face described in paragraph (1) have been planned
2 to protect, to the extent practicable, at-risk commu-
3 nities, hazardous fuels reduction projects on Na-
4 tional Forest System land outside the wildland-
5 urban interface that are—
6 (A) primarily noncommercial in nature,
7 provided that, in accordance with the best avail-
8 able science, the harvest of merchantable mate-
9 rials shall be ecologically appropriate for res-
10 toration and to enhance ecological health and
11 function, and any sale of merchantable mate-
12 rials under this paragraph shall be limited to
13 small diameter trees or biomass that are a by-
14 product of hazardous fuel reduction projects;
15 (B) collaboratively developed; and
16 (C) carried out in a manner that enhances
17 the ecological integrity and achieves the restora-
18 tion of a forest ecosystem; maximizes the reten-
19 tion of old-growth and large trees, as appro-
20 priate for the forest type; and prioritizes pre-
21 scribed fire as the primary means to achieve
22 modified wildland fire behavior;
23 (3) $1,000,000,000 for vegetation management
24 projects carried out solely on National Forest Sys-
25 tem land that the Secretary shall select following the
•HR 5376 EH
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1 receipt of proposals submitted in accordance with
2 subsections (a), (b), and (c) of section 4003 of the
3 Omnibus Public Land Management Act of 2009 (16
4 U.S.C. 7303);
5 (4) $400,000,000 for vegetation management
6 projects on National Forest System land carried out
7 in accordance with a water source management plan
8 or a watershed protection and restoration action
9 plan;
10 (5) $400,000,000 for vegetation management
11 projects on National Forest System land that—
12 (A) maintain, or contribute toward the res-
13 toration of, reference old growth characteristics,
14 including structure, composition, function, and
15 connectivity;
16 (B) prioritize small diameter trees and pre-
17 scribed fire to modify fire behavior; and
18 (C) maximize the retention of large trees,
19 as appropriate for the forest type;
20 (6) $450,000,000 for the Legacy Roads and
21 Trails program of the Forest Service;
22 (7) $350,000,000 for National Forest System
23 land management planning and monitoring,
24 prioritized on the assessment of watershed, ecologi-
25 cal, and carbon conditions on National Forest Sys-
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1 tem land and the revision and amendment of older
2 land management plans that present opportunities
3 to protect, maintain, restore, and monitor ecological
4 integrity, ecological conditions for at-risk species,
5 and carbon storage;
6 (8) $100,000,000 for maintenance of trails on
7 National Forest System land, with a priority on
8 trails that provide to underserved communities ac-
9 cess to National Forest System land;
10 (9) $100,000,000 for capital maintenance and
11 improvements on National Forest System land, with
12 a priority on maintenance level 3, 4, and 5 roads
13 and improvements that restore ecological integrity
14 and conditions for at-risk species;
15 (10) $100,000,000 to provide for more efficient
16 and more effective environmental reviews by the
17 Chief of the Forest Service in satisfying the obliga-
18 tions of the Chief of the Forest Service under the
19 National Environmental Policy Act of 1969 (42
20 U.S.C. 4321 through 4370m–12);
21 (11) $50,000,000 to develop and carry out ac-
22 tivities and tactics for the protection of older and
23 mature forests on National Forest System land, in-
24 cluding completing an inventory of older and mature
25 forests within the National Forest System;
•HR 5376 EH
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1 (12) $50,000,000 to develop and carry out ac-
2 tivities and tactics for the maintenance and restora-
3 tion of habitat conditions necessary for the protec-
4 tion and recovery of at-risk species on National For-
5 est System land;
6 (13) $50,000,000 to carry out post-fire recovery
7 plans on National Forest System land that empha-
8 size the use of locally adapted native plant materials
9 to restore the ecological integrity of disturbed areas
10 and do not include salvage logging; and
11 (14) $50,000,000 to develop and carry out non-
12 lethal activities and tactics to reduce human-wildlife
13 conflicts on National Forest System land.
14 (b) PRIORITY FOR FUNDING.—For projects described
15 in paragraphs (1) through (5) of subsection (a), the Sec-
16 retary shall prioritize for implementation projects—
17 (1) for which an environmental assessment or
18 an environmental impact statement required under
19 the National Environmental Policy Act of 1969 (42
20 U.S.C. 4321 through 4370m–12) has been com-
21 pleted;
22 (2) that are collaboratively developed; or
23 (3) that include opportunities to restore sus-
24 tainable recreation infrastructure or access or ac-
25 complish other recreation outcomes on National For-
•HR 5376 EH
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1 est System lands, if the opportunities are compatible
2 with the primary restoration purposes of the project.
3 (c) LIMITATIONS.—None of the funds made available
4 by this section may be used for any activity—
5 (1) conducted in a wilderness area or wilderness
6 study area;
7 (2) that includes the construction of a perma-
8 nent road or permanent trail;
9 (3) that includes the construction of a tem-
10 porary road, except in the case of a temporary road
11 that is decommissioned by the Secretary not later
12 than 3 years after the earlier of—
13 (A) the date on which the temporary road
14 is no longer needed; and
15 (B) the date on which the project for
16 which the temporary road was constructed is
17 completed;
18 (4) inconsistent with the applicable land man-
19 agement plan;
20 (5) inconsistent with the prohibitions of the rule
21 of the Forest Service entitled ‘‘Special Areas;
22 Roadless Area Conservation’’ (66 Fed. Reg. 3244
23 (January 12, 2001)), as modified by subparts C and
24 D of part 294 of title 36, Code of Federal Regula-
25 tions; or
•HR 5376 EH
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1 (6) carried out on any land that is not National
2 Forest System land, including other forested land on
3 Federal, State, Tribal, or private land.
4 (d) DEFINITIONS.—In this section:
5 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk
6 community’’ has the meaning given the term in sec-
7 tion 101 of the Healthy Forests Restoration Act of
8 2003 (16 U.S.C. 6511).
9 (2) COLLABORATIVELY DEVELOPED.—The term
10 ‘‘collaboratively developed’’ means, with respect to a
11 project located exclusively on National Forest Sys-
12 tem land, that the project is developed and imple-
13 mented through a collaborative process that—
14 (A) includes multiple interested persons
15 representing diverse interests, except such per-
16 sons shall not be employed by the Federal gov-
17 ernment or be representatives of foreign enti-
18 ties; and
19 (B)(i) is transparent and nonexclusive; or
20 (ii) meets the requirements for a resource
21 advisory committee under subsections (c)
22 through (f) of section 205 of the Secure Rural
23 Schools and Community Self-Determination Act
24 of 2000 (16 U.S.C. 7125).
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1 (3) DECOMMISSION.—The term ‘‘decommis-
2 sion’’ means, with respect to a road—
3 (A) reestablishing native vegetation on the
4 road;
5 (B) restoring any natural drainage, water-
6 shed function, or other ecological processes that
7 were disrupted or adversely impacted by the
8 road by removing or hydrologically dis-
9 connecting the road prism and reestablishing
10 stable slope contours; and
11 (C) effectively blocking the road to vehic-
12 ular traffic, where feasible.
13 (4) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
14 logical integrity’’ has the meaning given the term in
15 section 219.19 of title 36, Code of Federal Regula-
16 tions (as in effect on the date of enactment of this
17 Act).
18 (5) HAZARDOUS FUELS REDUCTION
19 PROJECT.—The term ‘‘hazardous fuels reduction
20 project’’ means an activity, including the use of pre-
21 scribed fire, to protect structures and communities
22 from wildfire that is carried out on National Forest
23 System land.
24 (6) RESTORATION.—The term ‘‘restoration’’
25 has the meaning given the term in section 219.19 of
•HR 5376 EH
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1 title 36, Code of Federal Regulations (as in effect on
2 the date of enactment of this Act).
3 (7) VEGETATION MANAGEMENT PROJECT.—The
4 term ‘‘vegetation management project’’ means an ac-
5 tivity carried out on National Forest System land to
6 enhance the ecological integrity and achieve the res-
7 toration of a forest ecosystem through the removal
8 of vegetation, the use of prescribed fire, the restora-
9 tion of aquatic habitat, or the decommissioning of an
10 unauthorized, temporary, or system road.
11 (8) WATER SOURCE MANAGEMENT PLAN.—The
12 term ‘‘water source management plan’’ means a plan
13 developed under section 303(d)(1) of the Healthy
14 Forests Restoration Act of 2003 (16 U.S.C.
15 6542(d)(1)).
16 (9) WATERSHED PROTECTION AND RESTORA-
17 TION ACTION PLAN.—The term ‘‘watershed protec-
18 tion and restoration action plan’’ means a plan de-
19 veloped under section 304(a)(3) of the Healthy For-
20 ests Restoration Act of 2003 (16 U.S.C.
21 6543(a)(3)).
22 (10) WILDLAND-URBAN INTERFACE.—The term
23 ‘‘wildland-urban interface’’ has the meaning given
24 the term in section 101 of the Healthy Forests Res-
25 toration Act of 2003 (16 U.S.C. 6511).
•HR 5376 EH
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1 (e) LIMITATIONS.—Nothing in this section shall be
2 interpreted to authorize funds of the Commodity Credit
3 Corporation for activities under this section if such funds
4 are not expressly authorized or currently expended for
5 such purposes.
6 (f) COST-SHARING REQUIREMENT.— Any partner-
7 ship agreements, including cooperative agreements and
8 mutual interest agreements, using funds made available
9 under this section shall be subject to a non-Federal cost-
10 share requirement of not less than 20 percent of the
11 project cost, which may be waived at the discretion of the
12 Secretary.
13 SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION
14 AND FUELS REDUCTION PROJECTS AND RE-
15 SEARCH.
16 (a) APPROPRIATIONS.—In addition to amounts other-
17 wise available, there are appropriated to the Secretary for
18 fiscal year 2022, out of any money in the Treasury not
19 otherwise appropriated, to remain available until Sep-
20 tember 30, 2031—
21 (1) $2,000,000,000 to award grants to Tribal,
22 State, or local governments or the government of the
23 District of Columbia, regional organizations, special
24 districts, or nonprofit organizations to support, on
25 non-Federal land, forest restoration and resilience
•HR 5376 EH
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1 projects, including projects to reduce the risk of
2 wildfires and establish defensible space around struc-
3 tures within at-risk communities (as defined in sec-
4 tion 101 of the Healthy Forests Restoration Act of
5 2003 (16 U.S.C. 6511));
6 (2) $1,000,000,000 to award grants to Tribal,
7 State, or local governments or the government of the
8 District of Columbia, regional organizations, special
9 districts, or nonprofit organizations to implement
10 community wildfire protection plans (as defined in
11 section 101 of the Healthy Forests Restoration Act
12 of 2003 (16 U.S.C. 6511)) in existence on the date
13 of the enactment of this Act, purchase firefighting
14 equipment, provide firefighter training, and increase
15 the capacity for planning, coordinating, and moni-
16 toring projects on non-Federal land to protect at-
17 risk communities (as defined in section 101 of the
18 Healthy Forests Restoration Act of 2003 (16 U.S.C.
19 6511));
20 (3) $250,000,000 to award grants to Tribal,
21 State, or local governments or the government of the
22 District of Columbia, regional organizations, special
23 districts, or nonprofit organizations for projects on
24 non-Federal land to aid in the recovery and rehabili-
•HR 5376 EH
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1 tation of burned forested areas, including reforest-
2 ation;
3 (4) $175,000,000 to award grants to Tribal,
4 State, or local governments or the government of the
5 District of Columbia, regional organizations, special
6 districts, or nonprofit organizations for projects on
7 non-Federal land to expand equitable outdoor access
8 and promote tourism on non-Federal forested land
9 for members of underserved groups;
10 (5) $150,000,000 for the State Fire Assistance
11 and Volunteer Fire Assistance programs established
12 pursuant to section 10(b) of the Cooperative For-
13 estry Assistance Act of 1978 (16 U.S.C. 2106(b)) to
14 be distributed at the discretion of the Secretary;
15 (6) $150,000,000 for the implementation of
16 State-wide forest resource strategies under section
17 2A of the Cooperative Forestry Assistance Act of
18 1978 (16 U.S.C. 2101a);
19 (7) $250,000,000 for the competitive grant pro-
20 gram under section 13A of the Cooperative Forestry
21 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
22 viding through that program a cost share to carry
23 out climate mitigation or forest resilience practices
24 in the case of underserved forest landowners, subject
•HR 5376 EH
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1 to the condition that subsection (h) of that section
2 shall not apply;
3 (8) $250,000,000 for the competitive grant pro-
4 gram under section 13A of the Cooperative Forestry
5 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
6 viding through that program grants to support the
7 participation of underserved forest landowners in
8 emerging private markets for climate mitigation or
9 forest resilience, subject to the condition that sub-
10 section (h) of that section shall not apply;
11 (9) $250,000,000 for the competitive grant pro-
12 gram under section 13A of the Cooperative Forestry
13 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
14 viding through that program grants to support the
15 participation of forest landowners who own less than
16 2,500 acres of forest land in emerging private mar-
17 kets for climate mitigation or forest resilience, sub-
18 ject to the condition that subsection (h) of that sec-
19 tion shall not apply;
20 (10) $500,000,000 for the competitive grant
21 program under section 13A of the Cooperative For-
22 estry Assistance Act of 1978 (16 U.S.C. 2109a) to
23 provide grants to states and other eligible entities to
24 provide payments to owners of private forest land
25 for implementation of forestry practices on private
•HR 5376 EH
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1 forest land, that are determined by the Secretary,
2 based on the best available science, to provide meas-
3 urable increases in carbon sequestration and storage
4 beyond customary practices on comparable land,
5 subject to the conditions that—
6 (A) those payments shall not preclude
7 landowners from participation in other public
8 and private sector financial incentive programs;
9 and
10 (B) subsection (h) of that section shall not
11 apply;
12 (11) $50,000,000 for the forest inventory and
13 analysis program established under section 3(e) of
14 the Forest and Rangeland Renewable Resources Re-
15 search Act of 1978 (16 U.S.C. 1642(e)) for activi-
16 ties and tactics to accelerate and expand existing re-
17 search efforts to improve forest carbon monitoring
18 technologies to better predict changes in forest car-
19 bon due to climate change;
20 (12) $100,000,000 for the forest inventory and
21 analysis program established under section 3(e) of
22 the Forest and Rangeland Renewable Resources Re-
23 search Act of 1978 (16 U.S.C. 1642(e)) to carry out
24 recommendations from a panel of relevant experts
25 convened by the Secretary that has reviewed and,
•HR 5376 EH
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1 based on the review, issued recommendations regard-
2 ing the current priorities and future needs of the
3 forest inventory and analysis program with respect
4 to climate change, forest health, sustainable wood
5 products, and increasing carbon storage in forests;
6 (13) $50,000,000 for the forest inventory and
7 analysis program established under section 3(e) of
8 the Forest and Rangeland Renewable Resources Re-
9 search Act of 1978 (16 U.S.C. 1642(e)) to provide
10 enhancements to the technology managed and used
11 by the forest inventory and analysis program, includ-
12 ing cloud computing and remote sensing for pur-
13 poses such as small area estimation;
14 (14) $775,000,000 to provide grants under the
15 wood innovation grant program under section 8643
16 of the Agriculture Improvement Act of 2018 (7
17 U.S.C. 7655d), including for the construction of new
18 facilities that advance the purposes of the program,
19 subject to the conditions that the amount of such a
20 grant shall be not more than $5,000,000; notwith-
21 standing subsection (d) of that section, a recipient
22 of such a grant shall provide funds equal to not less
23 than 50 percent of the amount received under the
24 grant, to be derived from non-Federal sources; and
25 a priority shall be placed on projects that create a
•HR 5376 EH
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1 financial model for addressing forest restoration
2 needs on public or private forest land; and
3 (15) $50,000,000 for the research mission area
4 of the Forest Service to carry out greenhouse gas
5 life cycle analyses of domestic wood products.
6 (b) FUNDING FOR RESTORATION ON NON-FEDERAL
7 AREAS BY STATES.—The Secretary may use amounts
8 made available by this section to carry out eligible projects
9 as determined by the Secretary, authorized in subsection
10 (a) on non-Federal land upon the request of the Governor
11 of that State, or, in the case of the District of Columbia,
12 the Mayor.
13 (c) COST-SHARING REQUIREMENT.—Any partnership
14 agreements, including cooperative agreements and mutual
15 interest agreements, using funds made available under
16 this section shall be subject to a non-Federal cost-share
17 requirement of not less than 20 percent of the project cost,
18 which may be waived at the discretion of the Secretary.
19 (d) LIMITATIONS.—Nothing in this section shall be
20 interpreted to authorize funds of the Commodity Credit
21 Corporation for activities under this section if such funds
22 are not expressly authorized or currently expended for
23 such purposes.
•HR 5376 EH
18
1 SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVA-
2 TION PROGRAMS.
3 (a) APPROPRIATIONS.—In addition to amounts other-
4 wise available, there are appropriated to the Secretary for
5 fiscal year 2022, out of any money in the Treasury not
6 otherwise appropriated, to remain available until Sep-
7 tember 30, 2031—
8 (1) $1,250,000,000 to provide competitive
9 grants to States through the Forest Legacy Pro-
10 gram established under section 7 of the Cooperative
11 Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
12 to acquire land and interests in land, with priority
13 given to grant applications that offer significant nat-
14 ural carbon sequestration benefits, contribute to the
15 resilience of community infrastructure, local econo-
16 mies, or natural systems, or provide benefits to un-
17 derserved populations;
18 (2) $2,500,000,000 to provide multi-year, pro-
19 grammatic, competitive grants to a State agency, a
20 local governmental entity, and agency or govern-
21 mental entity of the District of Columbia, an Indian
22 Tribe, or a nonprofit organization through the
23 Urban and Community Forestry Assistance program
24 established under section 9(c) of the Cooperative
25 Forestry Assistance Act of 1978 (16 U.S.C.
26 2105(c)) for tree planting and related activities to
•HR 5376 EH
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1 increase tree equity and community tree canopy and
2 associated societal and climate co-benefits, with a
3 priority for projects that benefit underserved popu-
4 lations; and
5 (3) $100,000,000 for the acquisition of urban
6 and community forests through the Community For-
7 est and Open Space Program of the Forest Service.
8 (b) WAIVER.—Any non-Federal cost-share require-
9 ment otherwise applicable to projects carried out under
10 this section may be waived at the discretion of the Sec-
11 retary.
12 SEC. 11004. LIMITATION.
13 The funds made available under this subtitle are sub-
14 ject to the condition that the Secretary shall not—
15 (1) enter into any agreement—
16 (A) that is for a term extending beyond
17 September 30, 2031; or
18 (B) under which any payment could be
19 outlaid or funds disbursed after September 30,
20 2031; or
21 (2) use any other funds available to the Sec-
22 retary to satisfy obligations initially made under this
23 subtitle.
•HR 5376 EH
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1 SEC. 11005. APPROPRIATIONS.
2 In addition to amounts otherwise available, there is
3 appropriated to the Secretary for fiscal year 2022, out of
4 any money in the Treasury not otherwise appropriated,
5 $200,000,000 to remain available until September 30,
6 2031, for administrative costs of the agencies and offices
7 of the Department of Agriculture for costs related to im-
8 plementing this subtitle.
9 Subtitle C—Rural Development
10 and Agricultural Credit and
11 Outreach
12 PART 1—RURAL DEVELOPMENT
13 SEC. 12001. ADDITIONAL SUPPORT FOR USDA RURAL
14 WATER PROGRAMS.
15 In addition to amounts otherwise available, there is
16 appropriated to the Secretary for fiscal year 2022, out of
17 any money in the Treasury not otherwise appropriated,
18 and notwithstanding sections 381E through 381H and
19 381N of the Consolidated Farm and Rural Development
20 Act (7 U.S.C. 2009d through 2009g and 2009m),
21 $97,000,000, to remain available until September 30,
22 2031, for the cost of grants for rural water and waste
23 water programs authorized by sections 306, 306C, and
24 306D and described in sections 306C(a)(2) and 306D of
25 the Consolidated Farm and Rural Development Act in
26 persistent poverty counties (or, notwithstanding any popu-
•HR 5376 EH
21
1 lation limits specified in section 343 of the Consolidated
2 Farm and Rural Development Act, a county seat of a per-
3 sistent poverty county with a population that does not ex-
4 ceed the authorized population limit by more than 10 per-
5 cent), Tribal lands, colonias, and insular areas, subject to
6 the condition that the performance of any construction
7 work completed with amounts provided under this section
8 meet the condition described in section 9003(f) of the
9 Farm Security and Rural Investment Act of 2002 (7
10 U.S.C. 8103(f)).
11 SEC. 12002. USDA RURAL WATER GRANTS FOR LEAD REME-
12 DIATION.
13 In addition to amounts otherwise made available,
14 there is appropriated to the Secretary for fiscal year 2022,
15 out of any money in the Treasury not otherwise appro-
16 priated and notwithstanding sections 381E through 381H
17 and 381N of the Consolidated Farm and Rural Develop-
18 ment Act (7 U.S.C. 2009d through 2009g and 2009m),
19 $970,000,000, to remain available until September 30,
20 2031, notwithstanding section 306C(a)(2)(A) of the Con-
21 solidated Farm and Rural Development Act (7 U.S.C.
22 1926c(a)(2)(A)), for grants under sections 306C(a)(1)(A)
23 and 306(a)(2) of the Consolidated Farm and Rural Devel-
24 opment Act (7 U.S.C. 1926c(a)(1)(A) and 1926(a)(2)) for
25 the purpose of replacement of service lines that contain
•HR 5376 EH
22
1 lead, subject to the condition that the performance of any
2 construction work completed with amounts provided under
3 this section meet the condition described in section
4 9003(f) of the Farm Security and Rural Investment Act
5 of 2002 (7 U.S.C. 8103(f)).
6 SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC LOANS
7 FOR RENEWABLE ENERGY.
8 (a) APPROPRIATION.—In addition to amounts other-
9 wise available, there is appropriated to the Secretary for
10 fiscal year 2022, out of any money in the Treasury not
11 otherwise appropriated, $2,880,000,000, to remain avail-
12 able until September 30, 2031, for the cost of loans under
13 section 317 of the Rural Electrification Act of 1936 (7
14 U.S.C. 940g), including for projects that store electricity
15 that supports the types of eligible projects under such sec-
16 tion, which shall be forgiven in whole or in part based on
17 how the borrower and the project meets the terms and
18 conditions for loan forgiveness consistent with the pur-
19 poses of such section established by the Secretary, subject
20 to the condition that the performance of any construction
21 work completed with amounts provided under this section
22 meet the condition described in section 9003(f) of the
23 Farm Security and Rural Investment Act of 2002 (7
24 U.S.C. 8103(f)).
•HR 5376 EH
23
1 (b) LIMITATION.—The Secretary shall not enter into
2 any loan agreement pursuant to this section that could
3 result in disbursements after September 30, 2031.
4 SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
5 (a) APPROPRIATION.—In addition to amounts other-
6 wise available, there is appropriated to the Secretary for
7 fiscal year 2022, out of any money in the Treasury not
8 otherwise appropriated, $200,000,000, to remain available
9 until September 30, 2031, to carry out section 6407 of
10 the Farm Security and Rural Investment Act of 2002 (7
11 U.S.C. 8107a) and this section, subject to the condition
12 that the performance of any construction work completed
13 with amounts provided under this section meet the condi-
14 tion described in section 9003(f) of such Act (7 U.S.C.
15 8103(f)).
16 (b) USE OF FUNDS.—
17 (1) IN GENERAL.—Except as provided in para-
18 graph (2) of this subsection, at the election of an eli-
19 gible entity (as defined in section 6407(b) of the
20 Farm Security and Rural Investment Act of 2002 (7
21 U.S.C. 8107a(b))) to which a loan is made under
22 section 6407(c) of the Farm Security and Rural In-
23 vestment Act of 2002 (7 U.S.C. 8107a(c)), the Sec-
24 retary shall make a grant to the eligible entity in an
•HR 5376 EH
24
1 amount equal to not more than 5 percent of the loan
2 amount for the purposes of costs incurred in—
3 (A) applying for a loan received under sec-
4 tion 6407(c) of such Act;
5 (B) making a loan under section 6407(d)
6 of such Act;
7 (C) making repairs to the property of a
8 qualified consumer that facilitate the energy ef-
9 ficiency measures for the property financed
10 through a loan under section 6407(d) of such
11 Act;
12 (D) entering into a contract under section
13 6407(e) of such Act; or
14 (E) carrying out the duties of an eligible
15 entity under section 6407 of such Act.
16 (2) PERSISTENT POVERTY COUNTIES.—In the
17 case that the grant is for the purpose of making a
18 loan under section 6407(d) of the Farm Security
19 and Rural Investment Act of 2002 (7 U.S.C.
20 8107a(d)) to a qualified consumer (as defined in sec-
21 tion 6407(b) of such Act) in a persistent poverty
22 county (as determined by the Secretary), the per-
23 centage limitation in paragraph (1) of this sub-
24 section shall be 10 percent.
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1 (c) LIMITATION.—The Secretary shall not enter into
2 any loan agreement pursuant to this section that could
3 result in disbursements after September 30, 2031, or any
4 grant agreement pursuant to this section that could result
5 in any outlays after September 30, 2031.
6 SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
7 (a) APPROPRIATION.—In addition to amounts other-
8 wise available, there is appropriated to the Secretary, out
9 of any money in the Treasury not otherwise appropriated,
10 for eligible projects under section 9007 of the Farm Secu-
11 rity and Rural Investment Act of 2002 (7 U.S.C. 8107)
12 and subject to the conditions that the performance of any
13 construction work completed with amounts provided under
14 this subsection meet the condition described in section
15 9003(f) of such Act, and notwithstanding section
16 9007(c)(3)(A) of such Act, the amount of a grant shall
17 not exceed 50 percent of the cost of the activity carried
18 out using the grant funds—
19 (1) $820,250,000 for fiscal year 2022, to re-
20 main available until September 30, 2031; and
21 (2) $180,276,500 for each of fiscal years 2023
22 through 2027, to remain available until September
23 30, 2031.
24 (b) UNDERUTILIZED RENEWABLE ENERGY TECH-
25 NOLOGIES.—In addition to amounts otherwise available,
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1 there is appropriated to the Secretary, out of any money
2 in the Treasury not otherwise appropriated, to provide
3 grants and loans guaranteed by the Secretary (including
4 the costs of such loans) under the program described in
5 subsection (a) of this section relating to underutilized re-
6 newable energy technologies, and to provide technical as-
7 sistance for applying to the program described in sub-
8 section (a) of this section, including for underutilized re-
9 newable energy technologies, subject to the conditions that
10 the performance of any construction work completed with
11 amounts provided under this subsection meet the condition
12 described in section 9003(f) of such Act and, notwith-
13 standing section 9007(c)(3)(A) of the Farm Security and
14 Rural Investment Act of 2002 (7 U.S.C. 8107(c)(3)(A)),
15 the amount of a grant shall not exceed 50 percent of the
16 cost of the activity carried out using the grant funds, and
17 to the extent the following amounts remain available at
18 the end of each fiscal year, the Secretary shall use such
19 amounts in accordance with subsection (a) of this sec-
20 tion—
21 (1) $144,750,000 for fiscal year 2022, to re-
22 main available until September 30, 2031; and
23 (2) $31,813,500 for each of fiscal years 2023
24 through 2027, to remain available until September
25 30, 2031.
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1 (c) LIMITATION.—The Secretary shall not enter into
2 any loan agreement pursuant to this section that could
3 result in disbursements after September 30, 2031 or any
4 grant agreement pursuant to this section that could result
5 in any outlays after September 30, 2031.
6 SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRI-
7 CULTURE PRODUCT MARKET EXPANSION.
8 (a) APPROPRIATION.—In addition to amounts other-
9 wise available, there is appropriated to the Secretary for
10 fiscal year 2022, out of any money in the Treasury not
11 otherwise appropriated, $960,000,000, to remain available
12 until September 30, 2031, to carry out this section.
13 (b) USE OF FUNDS.—The Secretary shall use the
14 amounts made available by subsection (a) to provide
15 grants, for which the Federal share shall be not more than
16 75 percent of the total cost of carrying out a project for
17 which the grant is provided, on a competitive basis, to
18 transportation fueling facilities and distribution facilities,
19 including fueling stations, convenience stores,
20 hypermarket retailer fueling stations, fleet facilities, as
21 well as fuel terminal operations, mid-stream partners, and
22 heating oil distribution facilities or equivalent entities,
23 subject to the condition that the performance of any con-
24 struction work completed with amounts provided under
25 this section shall meet the condition described in section
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1 9003(f) of the Farm Security and Rural Investment Act
2 of 2002 (7 U.S.C. 8103(f))—
3 (1) to install, retrofit, or otherwise upgrade fuel
4 dispensers or pumps and related equipment, storage
5 tank system components, and other infrastructure
6 required at a location related to dispensing certain
7 biofuels blends to ensure the increased sales of fuels
8 with high levels of commodity-based ethanol and bio-
9 diesel that are at or greater than the levels required
10 in the Notice of Funding Availability for the Higher
11 Blends Infrastructure Incentive Program for Fiscal
12 Year 2020, published in volume 85 of the Federal
13 Register (85 Fed. Reg. 26656), as determined by
14 the Secretary; and
15 (2) to build and retrofit distribution systems for
16 ethanol blends, traditional and pipeline biodiesel ter-
17 minal operations (including rail lines), and home
18 heating oil distribution centers or equivalent enti-
19 ties—
20 (A) to blend biodiesel; and
21 (B) to carry ethanol and biodiesel.
22 (c) LIMITATION.—The Secretary may not limit the
23 amount of funding an eligible entity may receive under
24 this section.
•HR 5376 EH
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1 SEC. 12007. USDA ASSISTANCE FOR RURAL ELECTRIC CO-
2 OPERATIVES.
3 (a) APPROPRIATION.—In addition to amounts other-
4 wise available, there is appropriated to the Secretary for
5 fiscal year 2022, out of any money in the Treasury not
6 otherwise appropriated, $9,700,000,000, to remain avail-
7 able until September 30, 2031, for the long-term resil-
8 iency, reliability, and affordability of rural electric sys-
9 tems, by providing to an eligible entity (defined as an elec-
10 tric cooperative described in section 501(c)(12) or
11 1381(a)(2) of the Internal Revenue Code of 1986 and is
12 or has been a Rural Utilities Service electric loan borrower
13 pursuant to the Rural Electrification Act of 1936 or serv-
14 ing a predominantly rural area) assistance under para-
15 graphs (1) and (2) by awarding such assistance to eligible
16 entities for purposes described in section 310B(a)(2)(C)
17 of the Consolidated Farm and Rural Development Act
18 (provided that the term renewable energy system in that
19 paragraph has the meaning given such term in section
20 9001(16) of the Farm Security and Rural Investment Act
21 of 2002) and for carbon capture and storage systems, that
22 will achieve the greatest reduction in greenhouse gas emis-
23 sions associated with rural electric systems using such as-
24 sistance and that will otherwise aid disadvantaged rural
25 communities (as determined by the Secretary), subject to
26 the condition that any construction work completed with
•HR 5376 EH
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1 amounts provided under this section shall meet the condi-
2 tion described in section 9003(f) of the Farm Security and
3 Rural Investment Act of 2002 (7 U.S.C. 8103(f)), when—
4 (1) making grants and loans (including the cost
5 of loans and modifications thereof) to purchase re-
6 newable energy (as defined in section 9001(15) of
7 the Farm Security and Rural Investment Act of
8 2002 (7 U.S.C. 8101(15))), purchase renewable en-
9 ergy systems (as defined in section 9001(16) of that
10 Act (7 U.S.C. 8101(16))), and carbon capture and
11 storage systems, deploy such systems, or make en-
12 ergy efficiency improvements after the date of enact-
13 ment of this Act; and
14 (2) making grants for debt relief and other
15 costs associated with terminating, after the date of
16 enactment of this Act or up to one year prior to the
17 date of enactment, the use of—
18 (A) facilities operating on nonrenewable
19 energy; and
20 (B) related transmission assets.
21 (b) LIMITATION.—No eligible entity may receive an
22 amount equal to more than 10 percent of the total amount
23 made available by this section.
24 (c) PROHIBITION.—Nothing in this section shall be
25 interpreted to authorize funds of the Commodity Credit
•HR 5376 EH
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1 Corporation for activities under this section if such funds
2 are not expressly authorized or currently expended for
3 such purposes.
4 SEC. 12008. RURAL PARTNERSHIP PROGRAM.
5 (a) RURAL PROSPERITY DEVELOPMENT GRANTS.—
6 (1) APPROPRIATION.—In addition to amounts
7 otherwise available, there is appropriated to the Sec-
8 retary for fiscal year 2022, out of any money in the
9 Treasury not otherwise appropriated, $873,000,000,
10 to remain available until September 30, 2031, to
11 provide grants to support rural development under
12 this subsection, subject to the condition that the re-
13 cipient of a grant under this subsection shall con-
14 tribute a non-Federal match of 25 percent of the
15 amount of the grant, which may be satisfied through
16 an in-kind contribution, except that the Secretary
17 may waive such matching requirement on a finding
18 that the recipient of the applicable grant is economi-
19 cally distressed.
20 (2) ALLOCATION OF FUNDS.—
21 (A) FORMULA.—The Secretary shall estab-
22 lish a formula pursuant to which the Secretary
23 shall allocate, for each State and for Tribal gov-
24 ernments, an amount to be provided under this
•HR 5376 EH
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1 subsection to eligible applicants described in
2 paragraph (3).
3 (B) REQUIREMENTS.—
4 (i) FORMULA.—The formula estab-
5 lished under subparagraph (A) shall in-
6 clude a graduated scale for the amount to
7 be allocated under this subsection for eligi-
8 ble applicants in each State and eligible
9 applicants of Tribal governments, with
10 higher amounts provided based on lower
11 populations and lower income levels, as de-
12 termined by the Secretary.
13 (ii) AWARD.—In awarding grants
14 under this subsection to eligible applicants
15 in each State and eligible applicants of
16 Tribal governments, the Secretary shall
17 give priority to eligible applicants rep-
18 resenting a micropolitan statistical area (as
19 defined by the Office of Management and
20 Budget in OMB Bulletin No. 20-01 (effec-
21 tive March 2020) and any subsequent up-
22 dates) and 1 or more rural areas contig-
23 uous to that micropolitan statistical area
24 or eligible applicants representing high
25 poverty areas (as determined by the Sec-
•HR 5376 EH
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1 retary) provided that the Secretary may
2 award additional grants or funding under
3 this subsection to implement activities pur-
4 suant to a rural development plan upon
5 the Secretary’s approval of the recipient’s
6 plan and report on the use of each grant
7 provided to the recipient under this sub-
8 section.
9 (3) ELIGIBLE APPLICANTS.—The Secretary
10 may make a grant under this subsection to a part-
11 nership no member of which has received a grant
12 under subsection (b) and that—
13 (A) is composed of entities representing a
14 region composed of 1 or more rural areas, in-
15 cluding—
16 (i) except as provided in subparagraph
17 (B), 1 or more of—
18 (I) a unit of local government;
19 (II) a Tribal government; or
20 (III) an authority, agency, or in-
21 strumentality of an entity described in
22 subclauses (I) or (II); and
23 (ii) a qualified nonprofit or for-profit
24 organization, as determined by the Sec-
25 retary;
•HR 5376 EH
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1 (B) does not include a member described
2 in subparagraph (A)(i), but demonstrates sig-
3 nificant community support sufficient to sup-
4 port a likelihood of success on the proposed
5 projects, as determined by the Secretary; and
6 (C) demonstrates, as determined by the
7 Secretary, cooperation among the members of
8 the partnership necessary to complete com-
9 prehensive rural development, through aligning
10 government investment, leveraging nongovern-
11 mental resources, building economic resilience,
12 and aiding economic recovery, including in com-
13 munities impacted by economic transitions and
14 climate change.
15 (4) ELIGIBLE ACTIVITIES.—The use of grant
16 funds provided under this subsection may be used
17 for the following purposes, provided that, where ap-
18 plicable, the performance of any construction work
19 completed with the grant funds shall meet the condi-
20 tion described in section 9003(f) of the Farm Secu-
21 rity and Rural Investment Act of 2002 (7 U.S.C.
22 8103(f)):
23 (A) Conducting comprehensive rural devel-
24 opment and pre-development activities and
25 planning.
•HR 5376 EH
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1 (B) Supporting organizational operating
2 expenses relating to the rural development ac-
3 tivities for which the grant was provided.
4 (C) Implementing planned rural develop-
5 ment activities and projects.
6 (5) LIMITATION.—Not more than 25 percent of
7 amounts received by a recipient of a grant under
8 this subsection may be used to satisfy a Federal
9 matching requirement.
10 (b) RURAL PROSPERITY INNOVATION GRANTS.—In
11 addition to amounts otherwise available, there is appro-
12 priated to the Secretary for fiscal year 2022, out of any
13 money in the Treasury not otherwise appropriated,
14 $97,000,000, to remain available until September 30,
15 2031, to provide grants to entities that have not received
16 a grant under subsection (a) and that is a qualified non-
17 profit corporation that serves rural areas (as determined
18 by the Secretary) or an institution of higher education
19 that serves rural areas (as determined by the Secretary),
20 subject to the condition that the recipient of such grant
21 shall contribute a non-Federal match of 20 percent of the
22 amount of the grant, which may be used—
23 (1) to support activities of the recipient relating
24 to—
•HR 5376 EH
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1 (A) development and predevelopment plan-
2 ning aspects of rural development; and
3 (B) organizational capacity-building nec-
4 essary to support the rural development activi-
5 ties funded by the grant; and
6 (2) to support the recipient of a grant under
7 subsection (a) in carrying out activities for which
8 that grant was provided.
9 (c) DEFINITIONS.—In this section:
10 (1) RURAL AREA.—The term ‘‘rural area’’ has
11 the meaning given the term in section 343(a)(13)(C)
12 of the Consolidated Farm and Rural Development
13 Act (7 U.S.C. 1991(a)(13)(C)).
14 (2) STATE.—The term ‘‘State’’ has the mean-
15 ing given the term in section 1404 of the National
16 Agricultural Research, Extension, and Teaching Pol-
17 icy Act of 1977 (7 U.S.C. 3103).
18 SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT AD-
19 MINISTRATIVE FUNDS.
20 In addition to amounts otherwise available, there is
21 appropriated to the Secretary for fiscal year 2022, out of
22 any money in the Treasury not otherwise appropriated,
23 $553,000,000, to remain available until September 30,
24 2031, for administrative costs and salaries and expenses
25 for the Rural Development mission area and expenses of
•HR 5376 EH
37
1 the agencies and offices of the Department for costs re-
2 lated to implementing this part.
3 PART 2—AGRICULTURAL CREDIT AND
4 OUTREACH
5 SEC. 12101. ASSISTANCE FOR CERTAIN FARM LOAN BOR-
6 ROWERS.
7 Section 1005 of the American Rescue Plan Act of
8 2021 (Public Law 117–2) is amended to read as follows:
9 ‘‘SEC. 1005. ASSISTANCE FOR CERTAIN FARM LOAN BOR-
10 ROWERS.
11 ‘‘(a) APPROPRIATIONS.—In addition to amounts oth-
12 erwise available, there are appropriated to the Secretary
13 for fiscal year 2022, out of amounts in the Treasury not
14 otherwise appropriated, to remain available until Sep-
15 tember 30, 2031—
16 ‘‘(1) such sums as may be necessary for the
17 cost of payments under subsection (b); and
18 ‘‘(2) $1,020,000,000 to provide payments or
19 loan modifications or otherwise carry out the au-
20 thorities under section 331(b)(4) of the Consolidated
21 Farm and Rural Development Act (7 U.S.C.
22 1981(b)(4)), using a centralized process adminis-
23 tered from the national office, for Farm Service
24 Agency direct loan and loan guarantee borrowers, fo-
25 cusing on borrowers who are at risk (as determined
•HR 5376 EH
38
1 by the Secretary of Agriculture using factors that
2 may include whether the borrower is a limited re-
3 source farmer or rancher, the amount of payments
4 received by the borrower during calendar years 2020
5 and 2021 under the Coronavirus Food Assistance
6 Program of the Department of Agriculture, and
7 other factors, as determined by the Secretary).
8 ‘‘(b) PAYMENTS.—
9 ‘‘(1) IN GENERAL.—The Secretary shall provide
10 a payment in an amount up to 100 percent of the
11 outstanding indebtedness of each economically dis-
12 tressed borrower on eligible farm debt.
13 ‘‘(2) OTHER PAYMENTS.—
14 ‘‘(A) IN GENERAL.—For each farmer and
15 rancher with outstanding indebtedness on eligi-
16 ble farm debt that does not qualify for a pay-
17 ment under paragraph (1), the Secretary shall
18 provide a payment that is equal to, subject to
19 subparagraph (B), the lesser of—
20 ‘‘(i) the amount of the outstanding in-
21 debtedness of the farmer or rancher on eli-
22 gible farm debt; and
23 ‘‘(ii) $150,000.
•HR 5376 EH
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1 ‘‘(B) REDUCTION.—A payment determined
2 under subparagraph (A) shall be reduced by the
3 amount equal to the sum obtained by adding—
4 ‘‘(i) the total of the payments received
5 by the farmer or rancher during calendar
6 year 2020 pursuant to the Coronavirus
7 Food Assistance Program of the Depart-
8 ment of Agriculture; and
9 ‘‘(ii) the total of the payments re-
10 ceived by the farmer or rancher during cal-
11 endar years 2018 and 2019 pursuant to
12 the Market Facilitation Program of the
13 Department of Agriculture.
14 ‘‘(c) DEFINITIONS.—In this section:
15 ‘‘(1) ECONOMICALLY DISTRESSED BOR-
16 ROWER.—The term ‘economically distressed bor-
17 rower’ means a farmer or rancher that, as deter-
18 mined by the Secretary—
19 ‘‘(A) was 90 days or more delinquent with
20 respect to an eligible farm debt as of April 30,
21 2021;
22 ‘‘(B) was 90 days or more delinquent with
23 respect to an eligible farm debt as of December
24 31, 2020;
•HR 5376 EH
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1 ‘‘(C) operates a farm or ranch whose head-
2 quarters of operation, as determined by the
3 Secretary, location is—
4 ‘‘(i) in a county with a poverty rate of
5 not less than 20 percent, as determined—
6 ‘‘(I) in the 1990 or 2000 decen-
7 nial census; or
8 ‘‘(II) in the Small Area Income
9 and Poverty Estimates of the Bureau
10 of the Census for the most recent year
11 for which the Estimates are available
12 as of the date of enactment of the Act
13 entitled ‘An Act to provide for rec-
14 onciliation pursuant to title II of S.
15 Con. Res. 14’;
16 ‘‘(ii) in a ZIP Code with a poverty
17 rate of not less than 20 percent, as deter-
18 mined by the Secretary; or
19 ‘‘(iii) on land held in trust by the
20 United States for the benefit of an Indian
21 Tribe or an individual Indian;
22 ‘‘(D) owes more interest than principal
23 with respect to an eligible farm debt as of July
24 31, 2021;
•HR 5376 EH
41
1 ‘‘(E) is undergoing bankruptcy or fore-
2 closure or is in other financially distressed cat-
3 egories, as determined by the Secretary, as of
4 July 31, 2021;
5 ‘‘(F) received a Department of Agriculture
6 disaster set aside after January 1, 2020;
7 ‘‘(G) has restructured an eligible farm debt
8 3 or more times as of July 31, 2021; or
9 ‘‘(H) has restructured an eligible farm
10 debt on or after January 1, 2020.
11 ‘‘(2) ELIGIBLE FARM DEBT.—
12 ‘‘(A) IN GENERAL.—The term ‘eligible
13 farm debt’ means a debt owed to the United
14 States by a farmer or rancher that was issued
15 as a direct loan administered by the Farm
16 Service Agency under subtitle A, B, or C of the
17 Consolidated Farm and Rural Development Act
18 (7 U.S.C. 1922 through 1970) and was out-
19 standing or otherwise not paid as of December
20 31, 2020, or July 31, 2021.
21 ‘‘(B) AMOUNT.—The amount of eligible
22 farm debt with respect to a borrower shall be
23 equal to the amount of eligible farm debt out-
24 standing as of a date determined by the Sec-
25 retary, but no sooner than the date of enact-
•HR 5376 EH
42
1 ment of the Act entitled ‘An Act to provide for
2 reconciliation pursuant to title II of S. Con Res.
3 14’, plus the total of all loan payments on eligi-
4 ble farm debt made by the borrower in calendar
5 year 2021.
6 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
7 the Secretary of Agriculture.
8 ‘‘(d) LIMITATION.—The Secretary shall not enter
9 into any loan agreement pursuant to this section that
10 could result in disbursements after September 30, 2031
11 or any grant agreement pursuant to this section that could
12 result in any outlays after September 30, 2031.’’.
13 SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR UNDER-
14 SERVED FARMERS, RANCHERS, AND FOR-
15 ESTERS.
16 Section 1006 of the American Rescue Plan Act of
17 2021 (Public Law 117–2) is amended to read as follows:
18 ‘‘SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDER-
19 SERVED FARMERS, RANCHERS, FORESTERS.
20 ‘‘(a) TECHNICAL AND OTHER ASSISTANCE.—In addi-
21 tion to amounts otherwise available, there is appropriated
22 to the Secretary of Agriculture for fiscal year 2022, to
23 remain available until September 30, 2031, out of any
24 money in the Treasury not otherwise appropriated,
25 $200,000,000 to provide outreach, mediation, financial
•HR 5376 EH
43
1 training, capacity building training, cooperative develop-
2 ment and agricultural credit training and support, and
3 other technical assistance on issues concerning food, agri-
4 culture, agricultural credit, agricultural extension, rural
5 development, or nutrition to underserved farmers, ranch-
6 ers, or forest landowners, including veterans, limited re-
7 source producers, beginning farmers and ranchers, and
8 farmers, ranchers, and forest landowners living in high
9 poverty areas.
10 ‘‘(b) LAND LOSS ASSISTANCE.—In addition to
11 amounts otherwise available, there is appropriated to the
12 Secretary of Agriculture for fiscal year 2022, to remain
13 available until September 30, 2031, out of any money in
14 the Treasury not otherwise appropriated, $200,000,000 to
15 provide grants and loans to eligible entities, as determined
16 by the Secretary, to improve land access (including heirs’
17 property and fractionated land issues) for underserved
18 farmers, ranchers, and forest landowners, including vet-
19 erans, limited resource producers, beginning farmers and
20 ranchers, and farmers, ranchers, and forest landowners
21 living in high poverty areas.
22 ‘‘(c) EQUITY COMMISSIONS.—In addition to amounts
23 otherwise available, there is appropriated to the Secretary
24 of Agriculture for fiscal year 2022, to remain available
25 until September 30, 2031, out of any money in the Treas-
•HR 5376 EH
44
1 ury not otherwise appropriated, $10,000,000 to fund the
2 activities of one or more equity commissions that will ad-
3 dress racial equity issues within the Department of Agri-
4 culture and the programs of the Department of Agri-
5 culture.
6 ‘‘(d) RESEARCH, EDUCATION, AND EXTENSION.—In
7 addition to amounts otherwise available, there is appro-
8 priated to the Secretary of Agriculture for fiscal year
9 2022, to remain available until September 30, 2031, out
10 of any money in the Treasury not otherwise appropriated,
11 $189,000,000 to support and supplement agricultural re-
12 search, education, and extension, as well as scholarships
13 and programs that provide internships and pathways to
14 agricultural sector or Federal employment, for 1890 Insti-
15 tutions (as defined in section 2 of the Agricultural, Re-
16 search, Extension, and Education Reform Act of 1998 (7
17 U.S.C. 7601)), 1994 Institutions (as defined in section
18 532 of the Equity in Educational Land-Grant Status Act
19 of 1994 (7 U.S.C. 301 note; Public Law 103–382)), Alas-
20 ka Native serving institutions and Native Hawaiian serv-
21 ing institutions eligible to receive grants under subsections
22 (a) and (b), respectively, of section 1419B of the National
23 Agricultural Research, Extension, and Teaching Policy
24 Act of 1977 (7 U.S.C. 3156), Hispanic-serving institu-
25 tions eligible to receive grants under section 1455 of the
•HR 5376 EH
45
1 National Agricultural Research, Extension, and Teaching
2 Policy Act of 1977 (7 U.S.C. 3241), and the insular area
3 institutions of higher education located in the territories
4 of the United States, as referred to in section 1489 of
5 the National Agricultural Research, Extension, and
6 Teaching Policy Act of 1977 (7 U.S.C. 3361).
7 ‘‘(e) DISCRIMINATION FINANCIAL ASSISTANCE.—In
8 addition to amounts otherwise available, there is appro-
9 priated to the Secretary of Agriculture for fiscal year
10 2022, to remain available until September 30, 2031, out
11 of any money in the Treasury not otherwise appropriated,
12 $750,000,000 for a program to provide financial assist-
13 ance to farmers, ranchers, or forest landowners deter-
14 mined to have experienced discrimination prior to January
15 1, 2021, in Department of Agriculture farm lending pro-
16 grams, under which the amount of financial assistance
17 provided to a recipient may be not more than $500,000
18 as appropriate in relation to any consequences experienced
19 from the discrimination, which program shall be adminis-
20 tered through 1 or more qualified nongovernmental enti-
21 ties selected by the Secretary subject to standards set and
22 enforced by the Secretary, subject to the condition that
23 any selected entity administering the program shall return
24 the funds to the Secretary on the request of the Secretary
25 if the standards are not adequately carried out or the ad-
•HR 5376 EH
46
1 ministration of the program is not otherwise sufficient or
2 if any funds provided to the selected entity are not distrib-
3 uted on the date that is 5 years after the date of enact-
4 ment of the Act entitled ‘An Act to provide for reconcili-
5 ation pursuant to title II of S. Con. Res. 14’, and any
6 such returned funds shall be available for obligation for
7 any activity authorized under this section, except sub-
8 sections (c) and (f).
9 ‘‘(f) ADMINISTRATIVE COSTS.—In addition to
10 amounts otherwise available, there is appropriated to the
11 Secretary of Agriculture for fiscal year 2022, to remain
12 available until September 30, 2031, out of any money in
13 the Treasury not otherwise appropriated, $35,000,000 for
14 administrative costs, including training employees, of the
15 agencies and offices of the Department of Agriculture to
16 carry out this section.
17 ‘‘(g) LIMITATION.—The funds made available under
18 subsection (d) are subject to the condition that the Sec-
19 retary shall not—
20 ‘‘(1) enter into any agreement—
21 ‘‘(A) that is for a term extending beyond
22 September 30, 2031; or
23 ‘‘(B) under which any payment could be
24 outlaid or funds disbursed after September 30,
25 2031; or
•HR 5376 EH
47
1 ‘‘(2) use any other funds available to the Sec-
2 retary to satisfy obligations initially made under
3 subsection (d).’’.
4 Subtitle D—Research and Urban
5 Agriculture
6 SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH
7 FUNDING.
8 (a) APPROPRIATIONS.—In addition to amounts other-
9 wise available, there are appropriated to the Secretary, out
10 of any money in the Treasury not otherwise appropriated,
11 to remain available until September 30, 2031—
12 (1) to the National Agricultural Statistics Serv-
13 ice, for measurements, a survey, and data collection
14 to conduct the study required under section 7212(b)
15 of the Agriculture Improvement Act of 2018 (Public
16 Law 115–334; 132 Stat. 4812), which shall be com-
17 pleted not later than December 31, 2022,
18 $5,000,000 for fiscal year 2022;
19 (2) to the National Institute of Food and Agri-
20 culture—
21 (A) to fund agricultural education, exten-
22 sion, and research relating to climate change—
23 (i) through the Agriculture and Food
24 Research Initiative established by sub-
25 section (b) of the Competitive, Special, and
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1 Facilities Research Grant Act (7 U.S.C.
2 3157(b)), $210,000,000 for fiscal year
3 2022;
4 (ii) through the sustainable agri-
5 culture research education program estab-
6 lished under sections 1619, 1621, 1622,
7 1628, and 1629 of the Food, Agriculture,
8 Conservation, and Trade Act of 1990 (7
9 U.S.C. 5801, 5811, 5812, 5831, 5832),
10 $120,000,000 for fiscal year 2022;
11 (iii) through the organic agriculture
12 research and extension initiative estab-
13 lished under section 1672B of the Food,
14 Agriculture, Conservation, and Trade Act
15 of 1990 (7 U.S.C. 5925b), $60,000,000 for
16 fiscal year 2022;
17 (iv) through the urban, indoor, and
18 other emerging agricultural production re-
19 search, education, and extension initiative
20 established under section 1672E of the
21 Food, Agriculture, Conservation, and
22 Trade Act of 1990 (7 U.S.C. 5925g),
23 $5,000,000 for fiscal year 2022;
24 (v) through the centers of excellence
25 led by 1890 Institutions established under
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1 section 1673(d) of the Food, Agriculture,
2 Conservation, and Trade Act of 1990 (7
3 U.S.C. 5926(d)), $5,000,000 for fiscal
4 year 2022;
5 (vi) through the specialty crop re-
6 search and extension initiative established
7 by section 412 of the Agricultural Re-
8 search, Extension, and Education Reform
9 Act of 1998 (7 U.S.C. 7632), $60,000,000
10 for fiscal year 2022;
11 (vii) through the cooperative extension
12 under the Smith-Lever Act (7 U.S.C. 341
13 through 349) for agricultural extension ac-
14 tivities and research relating to climate
15 change, technical assistance, and tech-
16 nology adoption, $80,000,000 for fiscal
17 year 2022;
18 (viii) through the cooperative exten-
19 sion at 1994 Institutions in accordance
20 with section 3(b)(3) of the Smith-Lever
21 Act (7 U.S.C. 343(b)(3)), $35,000,000 for
22 fiscal year 2022; and
23 (ix) through the cooperative extension
24 at 1890 Institutions under section 1444 of
25 the National Agricultural Research, Exten-
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1 sion, and Teaching Policy Act of 1977 (7
2 U.S.C. 3221), $40,000,000 for fiscal year
3 2022;
4 (B) for grants to covered institutions for
5 construction, alteration, acquisition, moderniza-
6 tion, renovation, or remodeling of agricultural
7 research facilities, including related building
8 costs associated with compliance with applicable
9 Federal and State law, under section 4 of the
10 Research Facilities Act (7 U.S.C. 390b),
11 $1,000,000,000 for fiscal year 2022, subject to
12 the condition that notwithstanding section
13 3(c)(2)(A) of that Act (7 U.S.C.
14 390a(c)(2)(A)), the recipient of a grant pro-
15 vided using those amounts shall not be required
16 to provide any non-Federal share of total fund-
17 ing provided under this subparagraph;
18 (C) for the scholarships for students at
19 1890 Institutions grant program under section
20 1446 of the National Agricultural Research,
21 Extension, and Teaching Policy Act of 1977 (7
22 U.S.C. 3222a), $100,000,000 for fiscal year
23 2022, to carry out such program in fiscal years
24 2024 through 2031;
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1 (D) for grants to land-grant colleges and
2 universities to support Tribal students under
3 section 1450 of that Act (7 U.S.C. 3222e),
4 $15,000,000 for fiscal year 2022, and for pur-
5 poses of this subparagraph, section 1450(b)(4)
6 of such Act shall not apply; and
7 (E) for the Higher Education Multicultural
8 Scholars Program carried out pursuant to sec-
9 tion 1417 of that Act (7 U.S.C. 3152),
10 $15,000,000 for fiscal year 2022;
11 (3) to the Office of the Chief Scientist, to carry
12 out advanced research and development relating to
13 climate through the Agriculture Advanced Research
14 and Development Authority to further the goals
15 under section 1473H(b)(2) of the National Agricul-
16 tural Research, Extension, and Teaching Policy Act
17 of 1977 (7 U.S.C. 3319k(b)(2)), $30,000,000 for
18 fiscal year 2022;
19 (4) to the Foundation for Food and Agriculture
20 Research, to carry out activities relating to climate
21 change in accordance with section 7601 of the Agri-
22 cultural Act of 2014 (7 U.S.C. 5939), to be consid-
23 ered as provided pursuant to subsection (g)(1)(A) of
24 such section, $210,000,000 for fiscal year 2022;
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1 (5) to the Office of Urban Agriculture and In-
2 novative Production, to carry out activities in ac-
3 cordance with section 222 of the Department of Ag-
4 riculture Reorganization Act of 1994 (7 U.S.C.
5 6923), $10,000,000 for fiscal year 2022.
6 (b) DEFINITIONS.—In this section:
7 (1) COVERED INSTITUTION.—The term ‘‘cov-
8 ered institution’’ means—
9 (A) an 1890 Institution (as defined in sec-
10 tion 2 of the Agricultural Research, Extension,
11 and Education Reform Act of 1998 (7 U.S.C.
12 7601));
13 (B) a 1994 Institution (as defined in sec-
14 tion 532 of the Equity in Educational Land-
15 Grant Status Act of 1994 (7 U.S.C. 301 note;
16 Public Law 103–382));
17 (C) an Alaska Native serving institution or
18 Native Hawaiian serving institution eligible to
19 receive grants under subsections (a) and (b), re-
20 spectively, of section 1419B of the National Ag-
21 ricultural Research, Extension, and Teaching
22 Policy Act of 1977 (7 U.S.C. 3156);
23 (D) Hispanic-serving agricultural colleges
24 and universities and Hispanic-serving institu-
25 tions (as those terms are defined in section
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1 1404 of the National Agricultural Research,
2 Extension, and Teaching Policy Act of 1977 (7
3 U.S.C. 3103));
4 (E) an eligible institution (as defined in
5 section 1489 of the National Agricultural Re-
6 search, Extension, and Teaching Policy Act of
7 1977 (7 U.S.C. 3361) (relating to institutions
8 of higher education in insular areas)); and
9 (F) the University of the District of Co-
10 lumbia established pursuant to the Act of July
11 2, 1862 (commonly known as the ‘‘First Morrill
12 Act’’) (7 U.S.C. 301 through 309).
13 (2) STATE.—The term ‘‘State’’ has the mean-
14 ing given the term in section 1404 of the National
15 Agricultural Research, Extension, and Teaching Pol-
16 icy Act of 1977 (7 U.S.C. 3103).
17 SEC. 13002. LIMITATION.
18 The funds made available under this subtitle are sub-
19 ject to the condition that the Secretary shall not—
20 (1) enter into any agreement—
21 (A) that is for a term extending beyond
22 September 30, 2031; or
23 (B) under which any payment could be
24 outlaid or funds disbursed after September 30,
25 2031; or
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1 (2) use any other funds available to the Sec-
2 retary to satisfy obligations initially made under this
3 subtitle.
4 Subtitle E—Miscellaneous
5 SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE OF
6 THE INSPECTOR GENERAL.
7 In addition to amounts otherwise made available,
8 there is appropriated to the Office of the Inspector Gen-
9 eral of the Department of Agriculture for fiscal year 2022,
10 out of any money in the Treasury not otherwise appro-
11 priated, $5,000,000 to remain available until September
12 30, 2031, for audits, investigations, and other oversight
13 activities of projects and activities carried out with funds
14 made available to the Department of Agriculture under
15 this title.
16 SEC. 14002. ADDITIONAL SUPPORT FOR FARMWORKER AND
17 FOOD WORKER RELIEF GRANT PROGRAM.
18 In addition to amounts otherwise available, there is
19 appropriated to the Secretary of Agriculture for fiscal year
20 2022 to remain available until September 30, 2031, out
21 of any money in the Treasury not otherwise appropriated,
22 $200,000,000 to provide additional funds to the Secretary
23 for the Farmworker and Food Worker Relief Grant Pro-
24 gram of the Agricultural Marketing Service to provide ad-
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1 ditional COVID–19 assistance relief payments for front-
2 line grocery workers.
3 Subtitle F—Conservation
4 SEC. 15001. SOIL CONSERVATION ASSISTANCE.
5 (a) APPROPRIATION.—In addition to amounts other-
6 wise available, there are appropriated to the Secretary of
7 Agriculture (referred to in this section as the ‘‘Secretary’’)
8 for each of fiscal years 2022 through 2028, out of any
9 money in the Treasury not otherwise appropriated, such
10 sums as are necessary to carry out this section, to remain
11 available until expended, subject to the conditions that, for
12 purposes of providing payments under subsections (b), (c),
13 and (d), the Secretary shall not—
14 (1) enter into any agreement—
15 (A) that is for a term extending beyond
16 September 30, 2031; or
17 (B) under which any payment could be
18 outlaid or funds disbursed after September 30,
19 2031;
20 (2) use any other funds available to the Sec-
21 retary to satisfy obligations initially made under this
22 section; or
23 (3) interpret this section to authorize funds of
24 the Commodity Credit Corporation for such pay-
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1 ments if such funds are not expressly authorized or
2 currently expended for such purposes.
3 (b) AVAILABILITY OF PAYMENTS TO PRODUCERS.—
4 (1) IN GENERAL.—Of the funds made available
5 under subsection (a), for each of the 2022 through
6 2026 crop years, the Secretary shall make payments
7 to the producers on a farm for which the producer
8 establishes 1 or more cover crop practices with re-
9 spect to the applicable crop year, as determined by
10 the Secretary, in accordance with this subsection,
11 subject to the condition that a producer receiving a
12 payment shall not receive a payment under any
13 other provision of law for the same practices on the
14 same acres.
15 (2) PAYMENT RATE.—The payment rate used
16 to make payments with respect to a producer who
17 establishes 1 or more cover crop practices under
18 paragraph (1) shall be $25 per acre of cover crop es-
19 tablished.
20 (3) ACRES ESTABLISHED.—The acres for which
21 a producer receives the payment rate under para-
22 graph (2) shall be equal to the total number of acres
23 on which the producer establishes 1 or more cover
24 crop practices, not to exceed 1,000 acres per pro-
25 ducer.
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1 (c) AVAILABILITY OF PAYMENTS TO FARM OWN-
2 ERS.—
3 (1) IN GENERAL.—Of the funds made available
4 under subsection (a), for each of the 2022 through
5 2026 crop years, the Secretary shall make payments
6 to the owners of a farm with respect to which a pro-
7 ducer establishes 1 or more cover crop practices pur-
8 suant to subsection (b), in accordance with this sub-
9 section, subject to the condition that an owner of a
10 farm may not receive a payment under this sub-
11 section and subsection (b) for the same farm or
12 acres, as determined by the Secretary.
13 (2) PAYMENT RATE.—The payment rate used
14 to make payments under paragraph (1) with respect
15 to the owner of a farm shall be $5 per acre of cover
16 crop established.
17 (3) ACRES ESTABLISHED.—The acres for which
18 the owner of a farm receives the payment rate under
19 paragraph (2) shall be equal to the total number of
20 acres for which the applicable producer establishes 1
21 or more cover crop practices, not to exceed 1,000
22 acres per owner.
23 (d) AVAILABILITY OF PAYMENTS FOR PREVENTED
24 PLANTING.—
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1 (1) IN GENERAL.—Of the funds made available
2 under subsection (a) and in addition to any other
3 payments or assistance, for the 2022 through 2026
4 crop years, the Secretary shall make payments in ac-
5 cordance with this subsection to producers on farms
6 who establish 1 or more cover crop practices pursu-
7 ant to subsection (b).
8 (2) REQUIREMENTS.—To receive a payment
9 under this subsection, a producer—
10 (A) shall have—
11 (i) purchased a crop insurance policy
12 or plan of insurance under section 508(c)
13 of the Federal Crop Insurance Act (7
14 U.S.C. 1508(c)) for the applicable crop
15 year following the establishment of the
16 cover crop practice, as determined by the
17 Secretary;
18 (ii) established a cover crop practice
19 pursuant to subsection (b) on the farm for
20 which the insurance described in clause (i)
21 was purchased, as determined by the Sec-
22 retary; and
23 (iii) been unable to plant the crop for
24 which insurance was purchased; and
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1 (B) as determined by the Secretary, shall
2 not—
3 (i) harvest the cover crop for market
4 or sale;
5 (ii) harvest the cover crop for seed for
6 purposes of marketing or sale, except that
7 a quantity may be harvested for seed for
8 on-farm usage only; or
9 (iii) otherwise use the acres for which
10 payments are received under this sub-
11 section for any unapproved uses or other
12 uses that seek to defeat or undermine the
13 purposes of this section.
14 (3) PAYMENT AMOUNT.—The Secretary shall
15 make payments to producers under this subsection
16 in an amount equal to the product obtained by mul-
17 tiplying—
18 (A) the total number of acres for which the
19 producer is eligible to receive a payment under
20 this subsection; and
21 (B) the difference between—
22 (i) 100 percent of the prevented plant-
23 ing guarantee, calculated without regard to
24 the establishment of the cover crop prac-
25 tices pursuant to subsection (b), applicable
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1 for the insurance policy purchased by the
2 producer under section 508A of the Fed-
3 eral Crop Insurance Act (7 U.S.C. 1508a),
4 as determined by the Secretary; and
5 (ii) the prevented planting indemnity
6 payment received by the producer under
7 that section and the policy purchased by
8 the producer for the applicable crop, as de-
9 termined by the Secretary.
10 SEC. 15002. ADDITIONAL AGRICULTURAL CONSERVATION
11 INVESTMENTS.
12 (a) APPROPRIATIONS.—In addition to amounts other-
13 wise available (and subject to subsection (b)), there are
14 appropriated to the Secretary of Agriculture (referred to
15 in this section as the ‘‘Secretary’’), out of any money in
16 the Treasury not otherwise appropriated, to remain avail-
17 able until September 30, 2031 (subject to the condition
18 that no such funds may be disbursed after September 30,
19 2031)—
20 (1) to carry out, using the facilities and au-
21 thorities of the Commodity Credit Corporation, the
22 environmental quality incentives program under sub-
23 chapter A of chapter 4 of subtitle D of title XII of
24 the Food Security Act of 1985 (16 U.S.C. 3839aa
25 through 3839aa–8)—
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1 (A)(i) $300,000,000 for fiscal year 2022;
2 (ii) $500,000,000 for fiscal year 2023;
3 (iii) $1,750,000,000 for fiscal year 2024;
4 (iv) $3,000,000,000 for fiscal year 2025;
5 and
6 (v) $3,450,000,000 for fiscal year 2026;
7 and
8 (B) subject to the conditions on the use of
9 the funds that—
10 (i) section 1240B(f)(1) of the Food
11 Security Act of 1985 (16 U.S.C. 3839aa–
12 2(f)(1)) shall not apply;
13 (ii) section 1240H(c)(2) of the Food
14 Security Act of 1985 (16 U.S.C. 3839aa–
15 8(c)(2)) shall be applied—
16 (I) by substituting
17 ‘‘$50,000,000’’ for ‘‘$25,000,000’’;
18 and
19 (II) with the Secretary
20 prioritizing proposals that utilize diet
21 and feed management to reduce en-
22 teric methane emissions from
23 ruminants;
24 (iii) the funds shall be available for 1
25 or more agricultural conservation practices
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1 or enhancements that the Secretary deter-
2 mines directly improve soil carbon or re-
3 duce nitrogen losses or greenhouse gas
4 emissions, or capture or sequester green-
5 house gas emissions, associated with agri-
6 cultural production; and
7 (iv) the Secretary shall prioritize
8 projects and activities that mitigate or ad-
9 dress climate change through the manage-
10 ment of agricultural production, including
11 by reducing or avoiding greenhouse gas
12 emissions;
13 (2) to carry out, using the facilities and au-
14 thorities of the Commodity Credit Corporation, the
15 conservation stewardship program under subchapter
16 B of that chapter (16 U.S.C. 3839aa–21 through
17 3839aa–25)—
18 (A)(i) $250,000,000 for fiscal year 2022;
19 (ii) $500,000,000 for fiscal year 2023;
20 (iii) $850,000,000 for fiscal year 2024;
21 (iv) $1,000,000,000 for fiscal year 2025;
22 and
23 (v) $1,500,000,000 for fiscal year 2026;
24 and
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1 (B) subject to the conditions on the use of
2 the funds that—
3 (i) the funds shall only be available
4 for—
5 (I) 1 or more agricultural con-
6 servation practices or enhancements
7 that the Secretary determines directly
8 improve soil carbon or reduce nitrogen
9 losses or greenhouse gas emissions, or
10 capture or sequester greenhouse gas
11 emissions, associated with agricultural
12 production; or
13 (II) State-specific or region-spe-
14 cific groupings or bundles of agricul-
15 tural conservation activities for cli-
16 mate change mitigation appropriate
17 for cropland, pastureland, rangeland,
18 nonindustrial private forest land, and
19 producers transitioning to organic or
20 perennial production systems; and
21 (ii) the Secretary shall prioritize
22 projects and activities that mitigate or ad-
23 dress climate change through the manage-
24 ment of agricultural production, including
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1 by reducing or avoiding greenhouse gas
2 emissions;
3 (3) to carry out, using the facilities and au-
4 thorities of the Commodity Credit Corporation, the
5 agricultural conservation easement program under
6 subtitle H of title XII of that Act (16 U.S.C. 3865
7 through 3865d)—
8 (A)(i) $100,000,000 for fiscal year 2022;
9 (ii) $200,000,000 for fiscal year 2023;
10 (iii) $300,000,000 for fiscal year 2024;
11 (iv) $500,000,000 for fiscal year 2025; and
12 (v) $600,000,000 for fiscal year 2026; and
13 (B) subject to the condition on the use of
14 the funds that the Secretary shall prioritize
15 projects and activities that mitigate or address
16 climate change through the management of ag-
17 ricultural production, including by reducing or
18 avoiding greenhouse gas emissions; and
19 (4) to carry out, using the facilities and au-
20 thorities of the Commodity Credit Corporation, the
21 regional conservation partnership program under
22 subtitle I of title XII of that Act (16 U.S.C. 3871
23 through 3871f)—
24 (A)(i) $200,000,000 for fiscal year 2022;
25 (ii) $500,000,000 for fiscal year 2023;
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1 (iii) $1,500,000,000 for fiscal year 2024;
2 (iv) $2,250,000,000 for fiscal year 2025;
3 and
4 (v) $3,050,000,000 for fiscal year 2026;
5 and
6 (B) subject to the conditions on the use of
7 the funds that the Secretary—
8 (i) shall prioritize partnership agree-
9 ments under section 1271C(d) of the Food
10 Security Act of 1985 (16 U.S.C. 3871c(d))
11 that support the implementation of con-
12 servation projects that assist agricultural
13 producers and nonindustrial private
14 forestland owners in directly improving soil
15 carbon or reducing nitrogen losses or
16 greenhouse gas emissions, or capturing or
17 sequestering greenhouse gas emissions, as-
18 sociated with agricultural production;
19 (ii) shall prioritize projects and activi-
20 ties that mitigate or address climate
21 change through the management of agri-
22 cultural production, including by reducing
23 or avoiding greenhouse gas emissions; and
24 (iii) may prioritize projects that—
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1 (I) leverage corporate supply
2 chain sustainability commitments; or
3 (II) utilize models that pay for
4 outcomes from targeting methane and
5 nitrous oxide emissions associated
6 with agricultural production systems.
7 (b) CONDITIONS.—The funds made available under
8 this section are subject to the conditions that the Sec-
9 retary shall not—
10 (1) enter into any agreement—
11 (A) that is for a term extending beyond
12 September 30, 2031; or
13 (B) under which any payment could be
14 outlaid or funds disbursed after September 30,
15 2031; or
16 (2) use any other funds available to the Sec-
17 retary to satisfy obligations initially made under this
18 section.
19 (c) CONFORMING AMENDMENTS.—
20 (1) Section 1240B of the Food Security Act of
21 1985 (16 U.S.C. 3839aa–2) is amended—
22 (A) in subsection (a), by striking ‘‘2023’’
23 and inserting ‘‘2031’’; and
24 (B) in subsection (f)(2)(B)—
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1 (i) in the subparagraph heading, by
2 striking ‘‘2023’’ and inserting ‘‘2031’’; and
3 (ii) by striking ‘‘2023’’ and inserting
4 ‘‘2031’’.
5 (2) Section 1240H of the Food Security Act of
6 1985 (16 U.S.C. 3839aa–8) is amended by striking
7 ‘‘2023’’ each place it appears and inserting ‘‘2031’’.
8 (3) Section 1240J(a) of the Food Security Act
9 of 1985 (16 U.S.C. 3839aa–22(a)) is amended, in
10 the matter preceding paragraph (1), by striking
11 ‘‘2023’’ and inserting ‘‘2031’’.
12 (4) Section 1240L(h)(2)(A) of the Food Secu-
13 rity Act of 1985 (16 U.S.C. 3839aa–24(h)(2)(A)) is
14 amended by striking ‘‘2023’’ and inserting ‘‘2031’’.
15 (5) Section 1241 of the Food Security Act of
16 1985 (16 U.S.C. 3841) is amended—
17 (A) in subsection (a)—
18 (i) in the matter preceding paragraph
19 (1), by striking ‘‘2023’’ and inserting
20 ‘‘2031’’;
21 (ii) in paragraph (1), by striking
22 ‘‘2023’’ each place it appears and inserting
23 ‘‘2031’’;
24 (iii) in paragraph (2)(F), by striking
25 ‘‘2023’’ and inserting ‘‘2031’’; and
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1 (iv) in paragraph (3), by striking ‘‘fis-
2 cal year 2023’’ each place it appears and
3 inserting ‘‘each of fiscal years 2023
4 through 2031’’;
5 (B) in subsection (b), by striking ‘‘2023’’
6 and inserting ‘‘2031’’; and
7 (C) in subsection (h)—
8 (i) in paragraph (1)(B), in the sub-
9 paragraph heading, by striking ‘‘2023’’ and
10 inserting ‘‘2031’’; and
11 (ii) by striking ‘‘2023’’ each place it
12 appears and inserting ‘‘2031’’.
13 (6) Section 1244(n)(3)(A) of the Food Security
14 Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is amended
15 by striking ‘‘2023’’ and inserting ‘‘2031’’.
16 (7) Section 1271D(a) of the Food Security Act
17 of 1985 (16 U.S.C. 3871d(a)) is amended by strik-
18 ing ‘‘2023’’ and inserting ‘‘2031’’.
19 SEC. 15003. CONSERVATION TECHNICAL ASSISTANCE.
20 (a) APPROPRIATIONS.—In addition to amounts other-
21 wise available (and subject to subsection (b)), there are
22 appropriated to the Secretary of Agriculture (referred to
23 in this section as the ‘‘Secretary’’) for fiscal year 2022,
24 out of any money in the Treasury not otherwise appro-
25 priated, to remain available until September 30, 2031
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1 (subject to the condition that no such funds may be dis-
2 bursed after September 30, 2031)—
3 (1) $200,000,000 to provide conservation tech-
4 nical assistance through the Natural Resources Con-
5 servation Service;
6 (2) $50,000,000 to carry out climate change
7 adaptation and mitigation activities through the
8 Natural Resources Conservation Service by working
9 with the Regional Climate Hubs designed to provide
10 information and technical support on climate smart
11 agriculture and forestry to agricultural producers,
12 landowners, and resource managers, as determined
13 by the Secretary; and
14 (3) $600,000,000 to carry out a carbon seques-
15 tration and greenhouse gas emissions quantification
16 program through which the Natural Resources Con-
17 servation Service, including through technical service
18 providers and other partners, shall collect field-based
19 data to assess the carbon sequestration and green-
20 house gas emissions reduction outcomes associated
21 with activities carried out pursuant to this section
22 and use the data to monitor and track greenhouse
23 gas emissions and carbon sequestration trends
24 through the Greenhouse Gas Inventory and Assess-
25 ment Program of the Department of Agriculture.
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1 (b) CONDITIONS.—The funds made available under
2 this section are subject to the conditions that the Sec-
3 retary shall not—
4 (1) enter into any agreement—
5 (A) that is for a term extending beyond
6 September 30, 2031; or
7 (B) under which any payment could be
8 outlaid or funds disbursed after September 30,
9 2031;
10 (2) use any other funds available to the Sec-
11 retary to satisfy obligations initially made under this
12 section; or
13 (3) interpret this section to authorize funds of
14 the Commodity Credit Corporation for activities
15 under this section if such funds are not expressly
16 authorized or currently expended for such purposes.
17 (c) ADMINISTRATIVE COSTS.—In addition to
18 amounts otherwise available, there is appropriated to the
19 Secretary for fiscal year 2022, out of any money in the
20 Treasury not otherwise appropriated, $100,000,000, to re-
21 main available until September 30, 2028, for administra-
22 tive costs of the agencies and offices of the Department
23 of Agriculture for costs related to implementing this sec-
24 tion.
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1 TITLE II—COMMITTEE ON
2 EDUCATION AND LABOR
3 Subtitle A—Education Matters
4 PART 1—ELEMENTARY AND SECONDARY
5 EDUCATION
6 SEC. 20001. GROW YOUR OWN PROGRAMS.
7 (a) APPROPRIATIONS.—In addition to amounts other-
8 wise available, there is appropriated to the Department
9 of Education for fiscal year 2022, out of any money in
10 the Treasury not otherwise appropriated, $112,684,000,
11 to remain available through September 30, 2025, to award
12 grants for the development and support of Grow Your
13 Own Programs, as described in section 202(g) of the
14 Higher Education Act of 1965.
15 (b) IN GENERAL.—Section 202 of the Higher Edu-
16 cation Act of 1965 is amended—
17 (1) in subsection (b)(6)(C), by striking ‘‘sub-
18 section (f) or (g)’’ and inserting ‘‘subsection (f) or
19 (h)’’;
20 (2) in subsection (c)(1), by inserting ‘‘a Grow
21 Your Own program under subsection (g),’’ after
22 ‘‘subsection (e),’’;
23 (3) by redesignating subsections (g), (h), (i),
24 (j), and (k), as subsections (h), (i), (j), (k), and (l),
25 respectively; and
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1 (4) by inserting after subsection (f) the fol-
2 lowing:
3 ‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISH-
4 MENT OF ‘GROW YOUR OWN’ PROGRAMS.—
5 ‘‘(1) IN GENERAL.—An eligible partnership that
6 receives a grant under this section shall carry out an
7 effective ‘Grow Your Own’ program to address
8 shortages of teachers in high-need subjects, fields,
9 schools, and geographic areas, or shortages of school
10 leaders in high-need schools, and to increase the di-
11 versity of qualified individuals entering into the
12 teacher, principal, or other school leader workforce.
13 ‘‘(2) REQUIREMENTS OF A GROW YOUR OWN
14 PROGRAM.—In addition to carrying out each of the
15 activities described in paragraphs (1) through (6) of
16 subsection (d), an eligible partnership carrying out a
17 Grow Your Own program under this subsection
18 shall—
19 ‘‘(A) integrate courses on education topics
20 with a year-long school-based clinical experience
21 in which candidates teach or lead alongside an
22 expert mentor teacher or school leader who is
23 the teacher or school leader of record in the
24 same local educational agencies in which the
25 candidates expect to work;
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1 ‘‘(B) provide opportunities for candidates
2 to practice and develop teaching skills or school
3 leadership skills;
4 ‘‘(C) support candidates as they complete
5 their associate (in furtherance of their bacca-
6 laureate), baccalaureate, or master’s degree or
7 earn their teaching or school leadership creden-
8 tial;
9 ‘‘(D) work to provide academic, counseling,
10 and programmatic supports to candidates;
11 ‘‘(E) provide academic and nonacademic
12 supports, including advising and financial as-
13 sistance, to candidates to enter and complete
14 teacher or school leadership preparation pro-
15 grams, to access and complete State licensure
16 exams, and to engage in school-based clinical
17 placements;
18 ‘‘(F) include efforts to recruit individuals
19 with experience in high-need subjects or fields
20 who are not certified to teach or lead, with a
21 specific focus on recruiting individuals—
22 ‘‘(i) from groups or populations that
23 are underrepresented; and
24 ‘‘(ii) who live in and come from the
25 communities the schools serve; and
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1 ‘‘(G) require candidates to complete all
2 State requirements to become fully certified.’’.
3 SEC. 20002. TEACHER RESIDENCIES.
4 In addition to amounts otherwise available, there is
5 appropriated to the Department of Education for fiscal
6 year 2022, out of any money in the Treasury not otherwise
7 appropriated, $112,266,000, to remain available through
8 September 30, 2025, to award grants for the development
9 and support of high-quality teaching residency programs,
10 as described in section 202(e) of the Higher Education
11 Act of 1965 (20 U.S.C. 1022a(e)), except that amounts
12 available under this section shall also be available for resi-
13 dency programs for prospective teachers in a bachelor’s
14 degree program.
15 SEC. 20003. SUPPORT SCHOOL PRINCIPALS.
16 In addition to amounts otherwise available, there is
17 appropriated to the Department of Education for fiscal
18 year 2022, out of any money in the Treasury not otherwise
19 appropriated, $112,266,000, to remain available through
20 September 30, 2025, to award grants for the development
21 and support of school leadership programs, as described
22 in section 2243 of the Elementary and Secondary Edu-
23 cation Act of 1965 (20 U.S.C. 6673).
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1 SEC. 20004. HAWKINS.
2 In addition to amounts otherwise available, there is
3 appropriated to the Department of Education for fiscal
4 year 2022, out of any money in the Treasury not otherwise
5 appropriated, $112,266,000, to remain available through
6 September 30, 2025, to award grants for the Augustus
7 F. Hawkins Centers of Excellence Program, as described
8 in section 242 of the Higher Education Act of 1965 (20
9 U.S.C. 1033a).
10 SEC. 20005. FUNDING FOR THE INDIVIDUALS WITH DISABIL-
11 ITIES EDUCATION PART D PERSONNEL DE-
12 VELOPMENT.
13 In addition to amounts otherwise available, there is
14 appropriated to the Department of Education for fiscal
15 year 2022, out of any money in the Treasury not otherwise
16 appropriated, $160,776,000, to remain available until
17 September 30, 2025, for personnel development described
18 in section 662 of the Individuals with Disabilities Edu-
19 cation Act (20 U.S.C. 1462).
20 SEC. 20006. GRANTS FOR NATIVE AMERICAN LANGUAGE
21 TEACHERS AND EDUCATORS.
22 The Native American Programs Act of 1974 is
23 amended by inserting after section 803C the following:
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1 ‘‘SEC. 803D. GRANTS FOR NATIVE AMERICAN LANGUAGE
2 TEACHERS AND EDUCATORS.
3 ‘‘(a) IN GENERAL.—In addition to amounts other-
4 wise available, there is appropriated for fiscal year 2022,
5 out of any money in the Treasury not otherwise appro-
6 priated, to remain available until September 30, 2031,
7 $200,000,000 for the Secretary, in carrying out section
8 803C, to award grants to carry out activities relating to
9 preparing, training, and offering professional development
10 to Native American language teachers and Native Amer-
11 ican language early childhood educators to ensure the sur-
12 vival and continuing vitality of Native American lan-
13 guages.
14 ‘‘(b) COST SHARE PROHIBITION.—The Secretary
15 shall not impose a cost sharing or matching fund require-
16 ment with respect to grants awarded under subsection
17 (a).’’.
18 PART 2—HIGHER EDUCATION
19 SEC. 20021. INCREASING THE MAXIMUM FEDERAL PELL
20 GRANT.
21 (a) AWARD YEAR 2022–2023.—Section 401(b)(7) of
22 the Higher Education Act of 1965 is amended—
23 (1) in subparagraph (A)(iii), by inserting ‘‘and
24 such sums as may be necessary for fiscal year 2022
25 to carry out the $550 increase for enrollment at in-
26 stitutions of higher education defined in section 101
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1 or 102(a)(1)(B) provided under subparagraph
2 (C)(iii)’’ before ‘‘; and’’; and
3 (2) in subparagraph (C)(iii), by inserting before
4 the period at the end the following: ‘‘, except that,
5 for award year 2022–2023, such amount shall be
6 equal to the amount determined under clause (ii) for
7 award year 2017–2018, increased by $550 for en-
8 rollment at institutions of higher education defined
9 in section 101 or 102(a)(1)(B)’’.
10 (b) SUBSEQUENT AWARD YEARS THROUGH 2025–
11 2026.—Section 401(b) of the Higher Education Act of
12 1965, as amended by section 703 of the FAFSA Sim-
13 plification Act (title VII of division FF of Public Law
14 116–260), is amended—
15 (1) in paragraph (5)(A)—
16 (A) in clause (i), by striking ‘‘and’’ after
17 the semicolon;
18 (B) by redesignating clause (ii) as clause
19 (iii); and
20 (C) by inserting after clause (i) the fol-
21 lowing:
22 ‘‘(ii) for each of award years 2023–
23 2024 through 2025–2026, an additional
24 $550 for enrollment at institutions of high-
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1 er education defined in section 101 or
2 102(a)(1)(B); and’’; and
3 (2) in paragraph (6)(A)—
4 (A) in clause (i)—
5 (i) by striking ‘‘appropriated) such’’
6 and inserting the following: ‘‘appro-
7 priated)—
8 ‘‘(I) such’’; and
9 (ii) by adding at the end the fol-
10 lowing:
11 ‘‘(II) such sums as are necessary
12 to carry out paragraph (5)(A)(ii) for
13 each of fiscal years 2023 through
14 2025; and’’; and
15 (B) in clause (ii), by striking ‘‘(5)(A)(ii)’’
16 and inserting ‘‘(5)(A)(iii)’’.
17 SEC. 20022. EXPANDING FEDERAL STUDENT AID ELIGI-
18 BILITY.
19 Section 484(a)(5) of the Higher Education Act of
20 1965 is amended by inserting ‘‘, or, with respect to any
21 grant, loan, or work assistance received under this title
22 for award years 2022–2023 through 2029–2030, be sub-
23 ject to a grant of deferred enforced departure or have de-
24 ferred action pursuant to the Deferred Action for Child-
25 hood Arrivals policy of the Secretary of Homeland Secu-
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1 rity or temporary protected status’’ after ‘‘becoming a cit-
2 izen or permanent resident’’.
3 SEC. 20023. INCREASE IN PELL GRANTS FOR RECIPIENTS
4 OF MEANS-TESTED BENEFITS.
5 Section 473 of the Higher Education Act of 1965,
6 as amended by section 702(b) of the FAFSA Simplifica-
7 tion Act (title VII of division FF of Public Law 116–260),
8 is amended by adding at the end the following:
9 ‘‘(d) SPECIAL RULE FOR MEANS-TESTED BENEFIT
10 RECIPIENTS.—During award years 2024–2025 through
11 2029–2030, and notwithstanding subsection (b), for an
12 applicant (or, as applicable, an applicant and spouse, or
13 an applicant’s parents) who is not described in subsection
14 (c) and who, at any time during the previous 24-month
15 period, received a benefit under a means-tested Federal
16 benefit program (or whose parent or spouse received such
17 a benefit, as applicable) described in clauses (i) through
18 (vi) of section 479(b)(4)(H), the Secretary shall for the
19 purposes of this title consider the student aid index as
20 equal to –$1,500 for the applicant.’’.
21 SEC. 20024. RETENTION AND COMPLETION GRANTS.
22 Title VII of the Higher Education Act of 1965 is
23 amended by adding at the end the following:
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1 ‘‘PART F—RETENTION AND COMPLETION
2 GRANTS
3 ‘‘SEC. 791. RETENTION AND COMPLETION GRANTS.
4 ‘‘(a) IN GENERAL.—From amounts appropriated to
5 carry out this section for a fiscal year, the Secretary shall
6 carry out a program to make grants (which shall be known
7 as ‘retention and completion grants’) to eligible entities
8 to enable the such entities to carry out the activities de-
9 scribed in the applications submitted under subsection (b).
10 ‘‘(b) APPLICATION.—To be eligible to receive a grant
11 under this section, an eligible entity shall submit an appli-
12 cation to the Secretary that includes a description of—
13 ‘‘(1) how the eligible entity will use the funds
14 to implement or expand evidence-based reforms or
15 practices to improve student outcomes at institutions
16 of higher education in the State or system of institu-
17 tions of higher education, or at the Tribal College or
18 University, as applicable; and
19 ‘‘(2) how the eligible entity will sustain such re-
20 forms or practices after the grant period.
21 ‘‘(c) PRIORITY.—In awarding grants under this sec-
22 tion to eligible entities, the Secretary shall give priority
23 to eligible entities that propose to use a significant share
24 of grant funds to, among students of color, low-income
25 students, students with disabilities, students in need of re-
26 mediation, first generation college students, student par-
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1 ents, and other underserved student populations in such
2 eligible entity, improve enrollment, retention, transfer, or
3 completion rates or labor market outcomes.
4 ‘‘(d) ADEQUATE PROGRESS.—As a condition of con-
5 tinuing to receive funds under this section, for each year
6 in which an eligible entity participates in the program
7 under this section, such eligible entity shall demonstrate
8 to the satisfaction of the Secretary that the entity has
9 made adequate progress in implementing or expanding evi-
10 dence-based reforms or practices, and, among students of
11 color, low-income students, students with disabilities, stu-
12 dents in need of remediation, first generation college stu-
13 dents, student parents, and other underserved student
14 populations in such eligible entity, improving enrollment,
15 retention, transfer, or completion rates or labor market
16 outcomes.
17 ‘‘(e) MATCHING REQUIREMENT.—As a condition of
18 receiving a grant under this section for the applicable year
19 described in paragraphs (1) through (3), an eligible entity
20 that is not a Tribal College or University shall provide
21 matching funds for such applicable year toward the cost
22 of the activities described in the application submitted
23 under subsection (b). Such matching funds shall be in the
24 amount of—
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1 ‘‘(1) in the second year of a grant, not less than
2 10 percent of the grant amount awarded to such eli-
3 gible entity for such year;
4 ‘‘(2) in the third year of a grant, not less than
5 15 percent of the grant amount awarded to such eli-
6 gible entity for such year; and
7 ‘‘(3) in the fourth year and each subsequent
8 year of a grant, not less than 20 percent of the
9 grant amount awarded to such eligible entity for
10 such year.
11 ‘‘(f) GENERAL REQUIREMENT.—An eligible entity
12 shall use a grant under this section only to carry out ac-
13 tivities described in the application for such year under
14 subsection (b).
15 ‘‘(g) EVIDENCE-BASED REFORMS OR PRACTICES.—
16 An eligible entity receiving a grant under this section
17 shall, directly or in collaboration with institutions of high-
18 er education and other non-profit organizations, use the
19 grant funds to implement one or more of the following
20 evidence-based reforms or practices:
21 ‘‘(1) Providing comprehensive academic, career,
22 and student support services, including mentoring,
23 advising, or case management services.
24 ‘‘(2) Providing assistance in applying for and
25 accessing direct support services, financial assist-
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1 ance, or means-tested benefit programs to meet the
2 basic needs of students.
3 ‘‘(3) Providing accelerated learning opportuni-
4 ties, including dual or concurrent enrollment pro-
5 grams and early college high school programs.
6 ‘‘(4) Reforming remedial or developmental edu-
7 cation, course scheduling, or credit-awarding poli-
8 cies.
9 ‘‘(5) Improving transfer pathways between—
10 ‘‘(A) in the case of an eligible entity that
11 is a State, community colleges and 4-year insti-
12 tutions of higher education in the State;
13 ‘‘(B) in the case of an eligible entity that
14 is a system of institutions of higher education,
15 institutions within such system and other insti-
16 tutions of higher education in the State in
17 which the system is located; or
18 ‘‘(C) in the case of a Tribal College or
19 University, between the Tribal College or Uni-
20 versity and other institutions of higher edu-
21 cation.
22 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds made
23 available under this part shall be used to supplement, and
24 not supplant, other Federal, State, local, Tribal, and insti-
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1 tutional funds that would otherwise be expended to carry
2 out activities described in this section.
3 ‘‘(i) DEFINITIONS.—In this section:
4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
5 tity’ means a State, a system of institutions of high-
6 er education, or a Tribal College or University.
7 ‘‘(2) EVIDENCE TIERS.—
8 ‘‘(A) EVIDENCE TIER 1.—The term ‘evi-
9 dence tier 1’, when used with respect to a re-
10 form or practice, means a reform or practice
11 that meets the criteria for receiving an expan-
12 sion grant from the education innovation and
13 research program under section 4611(a)(2)(C)
14 of the Elementary and Secondary Education
15 Act of 1965, as determined by the Secretary in
16 accordance with such section.
17 ‘‘(B) EVIDENCE TIER 2.—The term ‘evi-
18 dence tier 2’, when used with respect to a re-
19 form or practice, means a reform or practice
20 that meets the criteria for receiving a mid-
21 phase grant from the education innovation and
22 research program under section 4611(a)(2)(B)
23 of the Elementary and Secondary Education
24 Act of 1965, as determined by the Secretary in
25 accordance with such section.
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1 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.—
2 The term ‘first generation college student’ has the
3 meaning given the term in section 402A(h)(3).
4 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
5 The term ‘institution of higher education’ has the
6 meaning given the term in section 101 or
7 102(a)(1)(B).
8 ‘‘(5) STATE.—The term ‘State’ means each of
9 the 50 States of the United States, the District of
10 Columbia, the Commonwealth of Puerto Rico, Amer-
11 ican Samoa, Guam, the United States Virgin Is-
12 lands, the Commonwealth of the Northern Mariana
13 Islands, and the Freely Associated States.
14 ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The
15 term ‘Tribal College or University’ has the meaning
16 given the term in section 316(b)(3).
17 ‘‘(j) APPROPRIATION.—In addition to amounts other-
18 wise available, there is appropriated for fiscal year 2022,
19 out of any money in the Treasury not otherwise appro-
20 priated—
21 ‘‘(1) $310,000,000 to remain available until
22 September 30, 2030, to award competitive grants to
23 eligible entities that are not Tribal Colleges and Uni-
24 versities to carry out the approved activities de-
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1 scribed in the applications submitted under sub-
2 section (b);
3 ‘‘(2) $37,500,000 to remain available until Sep-
4 tember 30, 2030, to award competitive grants to
5 Tribal Colleges and Universities to carry out the ap-
6 proved activities described in the applications sub-
7 mitted under subsection (b);
8 ‘‘(3) $95,000,000 to remain available until Sep-
9 tember 30, 2030, to supplement the competitive
10 grant amounts awarded to eligible entities with
11 funds available under paragraph (1) and (2) to im-
12 plement reforms or practices that meet evidence tier
13 1;
14 ‘‘(4) $47,500,000 to remain available until Sep-
15 tember 30, 2030, to supplement the competitive
16 grant amounts awarded to eligible entities with
17 funds available under paragraphs (1) and (2) to im-
18 plement reforms or practices that meet evidence tier
19 1 or evidence tier 2, or a combination of such re-
20 forms or practices; and
21 ‘‘(5) $10,000,000 to remain available until Sep-
22 tember 30, 2030, to evaluate the effectiveness of the
23 activities carried out under this section.
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1 ‘‘(k) SUNSET.—The authority to make grants under
2 this section shall expire at the end of award year 2026–
3 2027.
4 ‘‘(l) INAPPLICABILITY OF GEPA CONTINGENT EX-
5 TENSION OF PROGRAMS.—Section 422 of the General
6 Education Provisions Act shall not apply to this part.’’.
7 SEC. 20025. INSTITUTIONAL AID.
8 (a) IN GENERAL.—In addition to amounts otherwise
9 available, there is appropriated for fiscal year 2022, out
10 of any money in the Treasury not otherwise appro-
11 priated—
12 (1) $470,640,000, to remain available until
13 September 30, 2028, for carrying out section
14 371(b)(2)(B) of the Higher Education Act of 1965
15 in fiscal year 2022;
16 (2) $470,640,000, to remain available until
17 September 30, 2028, for carrying out section
18 371(b)(2)(B) of the Higher Education Act of 1965
19 in fiscal year 2023;
20 (3) $470,640,000, to remain available until
21 September 30, 2028, for carrying out section
22 371(b)(2)(B) of the Higher Education Act of 1965
23 in fiscal year 2024;
24 (4) $470,640,000, to remain available until
25 September 30, 2028, for carrying out section
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1 371(b)(2)(B) of the Higher Education Act of 1965
2 in fiscal year 2025;
3 (5) $470,640,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(B) of the Higher Education Act of 1965
6 in fiscal year 2026;
7 (6) $470,640,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(C) of the Higher Education Act of 1965
10 in fiscal year 2022;
11 (7) $470,640,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(C) of the Higher Education Act of 1965
14 in fiscal year 2023;
15 (8) $470,640,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(C) of the Higher Education Act of 1965
18 in fiscal year 2024;
19 (9) $470,640,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(C) of the Higher Education Act of 1965
22 in fiscal year 2025;
23 (10) $470,640,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(C) of the Higher Education Act of 1965
2 in fiscal year 2026;
3 (11) $141,120,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(i) of the Higher Education Act of
6 1965 in fiscal year 2022;
7 (12) $141,120,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(i) of the Higher Education Act of
10 1965 in fiscal year 2023;
11 (13) $141,120,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(i) of the Higher Education Act of
14 1965 in fiscal year 2024;
15 (14) $141,120,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(i) of the Higher Education Act of
18 1965 in fiscal year 2025;
19 (15) $141,120,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(i) of the Higher Education Act of
22 1965 in fiscal year 2026;
23 (16) $70,560,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(ii) of the Higher Education Act of
2 1965 in fiscal year 2022;
3 (17) $70,560,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(ii) of the Higher Education Act of
6 1965 in fiscal year 2023;
7 (18) $70,560,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(ii) of the Higher Education Act of
10 1965 in fiscal year 2024;
11 (19) $70,560,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(ii) of the Higher Education Act of
14 1965 in fiscal year 2025;
15 (20) $70,560,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(ii) of the Higher Education Act of
18 1965 in fiscal year 2026;
19 (21) $23,520,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(iii) of the Higher Education Act of
22 1965 in fiscal year 2022;
23 (22) $23,520,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(iii) of the Higher Education Act of
2 1965 in fiscal year 2023;
3 (23) $23,520,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(iii) of the Higher Education Act of
6 1965 in fiscal year 2024;
7 (24) $23,520,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(iii) of the Higher Education Act of
10 1965 in fiscal year 2025;
11 (25) $23,520,000, to remain available until
12 September 30, 2028, for carrying out section
13 371(b)(2)(D)(iii) of the Higher Education Act of
14 1965 in fiscal year 2026;
15 (26) $23,520,000, to remain available until
16 September 30, 2028, for carrying out section
17 371(b)(2)(D)(iv) of the Higher Education Act of
18 1965 in fiscal year 2022;
19 (27) $23,520,000, to remain available until
20 September 30, 2028, for carrying out section
21 371(b)(2)(D)(iv) of the Higher Education Act of
22 1965 in fiscal year 2023;
23 (28) $23,520,000, to remain available until
24 September 30, 2028, for carrying out section
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1 371(b)(2)(D)(iv) of the Higher Education Act of
2 1965 in fiscal year 2024;
3 (29) $23,520,000, to remain available until
4 September 30, 2028, for carrying out section
5 371(b)(2)(D)(iv) of the Higher Education Act of
6 1965 in fiscal year 2025; and
7 (30) $23,520,000, to remain available until
8 September 30, 2028, for carrying out section
9 371(b)(2)(D)(iv) of the Higher Education Act of
10 1965 in fiscal year 2026.
11 (b) USE OF FUNDS.—
12 (1) IN GENERAL.—An institution of higher edu-
13 cation receiving funds made available under this sec-
14 tion shall use such funds in accordance with the uses
15 of funds described under subparagraphs (B), (C),
16 and clauses (i) through (iv) of subparagraph (D) of
17 section 371(b)(2) of the Higher Education Act of
18 1965, as applicable, and to award need-based finan-
19 cial aid (including emergency financial aid grants) to
20 low-income students enrolled in an eligible program
21 (as defined in section 481(b) of the Higher Edu-
22 cation Act of 1965) at such institution.
23 (2) DISTRIBUTION REQUIREMENTS.—The Sec-
24 retary of Education shall distribute each of the
25 amounts appropriated under paragraphs (6) through
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1 (10) of subsection (a) in accordance with section
2 371(b)(2)(C), except that in clause (ii) of such sec-
3 tion, ‘‘25’’ and ‘‘of $600,000 annually’’ shall not
4 apply.
5 (c) NO ADDITIONAL ELIGIBILITY REQUIREMENTS.—
6 No individual shall be determined by the Secretary of
7 Education to be ineligible for benefits provided under sub-
8 section (b)(1) except on the basis of not being a low-in-
9 come student enrolled in an eligible program (as defined
10 in section 481(b) of the Higher Education Act of 1965).
11 SEC. 20026. RESEARCH AND DEVELOPMENT INFRASTRUC-
12 TURE COMPETITIVE GRANT PROGRAM.
13 Title III of the Higher Education Act of 1965 is
14 amended—
15 (1) by redesignating part G as part H; and
16 (2) by inserting after section 371 the following:
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1 ‘‘PART G—IMPROVING RESEARCH & DEVELOP-
2 MENT INFRASTRUCTURE FOR HISTORI-
3 CALLY BLACK COLLEGES AND UNIVER-
4 SITIES, TRIBAL COLLEGES AND UNIVER-
5 SITIES, AND MINORITY-SERVING INSTITU-
6 TIONS
7 ‘‘SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRA-
8 STRUCTURE FOR HISTORICALLY BLACK COL-
9 LEGES AND UNIVERSITIES, TRIBAL COL-
10 LEGES AND UNIVERSITIES, AND MINORITY-
11 SERVING INSTITUTIONS.
12 ‘‘(a) ELIGIBLE INSTITUTION.—In this section, the
13 term ‘eligible institution’ means—
14 ‘‘(1) an institution that—
15 ‘‘(A) is described in section 371(a);
16 ‘‘(B) is a 4-year institution; and
17 ‘‘(C) is not an institution classified as ‘very
18 high research activity’ by the Carnegie Classi-
19 fication of Institutions of Higher Education; or
20 ‘‘(2) an institution described in paragraph (1)
21 acting on behalf of a consortium, which may include
22 institutions classified as ‘very high research activity’
23 by the Carnegie Classification of Institutions of
24 Higher Education, 2-year institutions of higher edu-
25 cation (as defined in section 101), institutions of
26 higher education (as defined in section 101 or sec-
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1 tion 102(a)(1)(B) of the Higher Education Act of
2 1965), non-profit organizations, philanthropic orga-
3 nizations, and industry partners, provided that the
4 eligible institution is the lead member and fiscal
5 agent of the consortium.
6 ‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.—For
7 the purpose of supporting research and development infra-
8 structure at eligible institutions, the Secretary shall
9 award, on a competitive basis, to eligible institutions—
10 ‘‘(1) planning grants for a period of not more
11 than 2 years; and
12 ‘‘(2) implementation grants for a period of not
13 more than 5 years.
14 ‘‘(c) APPLICATIONS.—
15 ‘‘(1) IN GENERAL.—An eligible institution that
16 desires to receive a planning grant under subsection
17 (b)(1) or an implementation grant under subsection
18 (b)(2) shall submit an application to the Secretary
19 that includes a description of the activities that will
20 be carried out with grant funds.
21 ‘‘(2) NO COMPREHENSIVE DEVELOPMENT
22 PLAN.—The requirement under section 391(b)(1)
23 shall not apply to grants awarded under this section.
24 ‘‘(d) PRIORITY IN AWARDS.—
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1 ‘‘(1) IN GENERAL.—In awarding planning and
2 implementation grants under this section, the Sec-
3 retary shall administer separate competitions for
4 each of the categories of institutions listed in para-
5 graphs (1) through (7) of section 371(a).
6 ‘‘(2) PRIORITY.—In awarding implementation
7 grants under this section, the Secretary shall give
8 priority to eligible institutions that have received a
9 planning grant under this section.
10 ‘‘(e) USE OF FUNDS.—
11 ‘‘(1) PLANNING GRANTS.—An eligible institu-
12 tion that receives a planning grant under subsection
13 (b)(1) shall use the grant funds to develop a stra-
14 tegic plan for improving institutional research and
15 development infrastructure that includes—
16 ‘‘(A) an assessment of the existing institu-
17 tional research capacity and research and devel-
18 opment infrastructure; and
19 ‘‘(B) a detailed description of how the in-
20 stitution would use research and development
21 infrastructure funds provided by an implemen-
22 tation grant under this section to increase the
23 institution’s research capacity and support re-
24 search and development infrastructure.
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1 ‘‘(2) IMPLEMENTATION GRANTS.—An eligible
2 institution that receives an implementation grant
3 under subsection (b)(2) shall use the grant funds to
4 support research and development infrastructure,
5 which shall include carrying out at least one of the
6 following activities:
7 ‘‘(A) Providing for the improvement of in-
8 frastructure existing on the date of the grant
9 award, including deferred maintenance, or the
10 establishment of new physical infrastructure,
11 including instructional program spaces, labora-
12 tories, research facilities or furniture, fixtures,
13 and instructional research-related equipment
14 and technology.
15 ‘‘(B) Hiring and retaining faculty, stu-
16 dents, research-related staff, or other personnel,
17 including research personnel skilled in oper-
18 ating, using, or applying technology, equipment,
19 or devices used to conduct or support research.
20 ‘‘(C) Creating and supporting inter- and
21 intra-institutional research centers (including
22 formal and informal communities of practice) in
23 fields of research for which research and devel-
24 opment infrastructure funds have been awarded
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1 under this section, including hiring staff and
2 purchasing supplies and equipment.
3 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
4 available under this section shall be used to supplement,
5 and not supplant, other Federal, State, tribal, and local
6 funds that would otherwise be expended to carry out the
7 activities described in this section.
8 ‘‘(g) SUNSET.—
9 ‘‘(1) IN GENERAL.—The authority to make—
10 ‘‘(A) planning grants under subsection
11 (b)(1) shall expire at the end of fiscal year
12 2025; and
13 ‘‘(B) implementation grants under sub-
14 section (b)(2) shall expire at the end of fiscal
15 year 2027.
16 ‘‘(2) INAPPLICABILITY OF GEPA CONTINGENT
17 EXTENSION OF PROGRAMS.—Section 422 of the
18 General Education Provisions Act shall not apply to
19 this section.
20 ‘‘(h) APPROPRIATIONS.—In addition to amounts oth-
21 erwise available, there is appropriated for fiscal year 2022,
22 out of any money in the Treasury not otherwise appro-
23 priated, $3,000,000,000, to remain available until Sep-
24 tember 30, 2028, for carrying out this section.’’.
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1 SEC. 20027. NORTHERN MARIANA ISLANDS, AMERICAN
2 SAMOA, UNITED STATES VIRGIN ISLANDS,
3 GUAM, AND FREELY ASSOCIATED STATES
4 COLLEGE ACCESS.
5 Title VII of the Higher Education Act of 1965, as
6 amended by this Act, is further amended by adding at the
7 end the following:
8 ‘‘PART G—COLLEGE ACCESS FOR STUDENTS IN
9 OUTLYING AREAS
10 ‘‘SEC. 792. NORTHERN MARIANA ISLANDS, AMERICAN
11 SAMOA, UNITED STATES VIRGIN ISLANDS,
12 GUAM, AND FREELY ASSOCIATED STATES
13 COLLEGE ACCESS GRANTS.
14 ‘‘(a) GRANTS.—
15 ‘‘(1) GRANT AMOUNTS.—
16 ‘‘(A) IN GENERAL.—Beginning with award
17 year 2023–2024, from amounts appropriated to
18 carry out this section, the Secretary shall award
19 grants to the Governors of each outlying area
20 for such Governors to award grants to eligible
21 institutions that enroll eligible students to pay
22 the difference between the tuition and fees
23 charged for in-State students and the tuition
24 and fees charged for out-of-State students on
25 behalf of each eligible student enrolled in the el-
26 igible institution.
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1 ‘‘(B) MAXIMUM STUDENT AMOUNTS.—The
2 amount paid on behalf of an eligible student
3 under this section shall be—
4 ‘‘(i) not more than $15,000 for any
5 one award year (as defined in section
6 481(a)(1)); and
7 ‘‘(ii) not more than $75,000 in the
8 aggregate.
9 ‘‘(C) PRORATION.—The Governor shall
10 prorate payments under this section with re-
11 spect to eligible students who attend an eligible
12 institution on less than a full-time basis.
13 ‘‘(2) AGREEMENT.—Each Governor desiring a
14 grant under this section shall enter into an agree-
15 ment with the Secretary for the purposes of admin-
16 istering the grant program.
17 ‘‘(3) GRANT AUTHORITY.—The authority to
18 make grants under this section shall expire at the
19 end of award year 2029–2030.
20 ‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
21 TENSION OF PROGRAMS.—Section 422 of the General
22 Education Provisions Act shall not apply to this section.
23 ‘‘(c) NO ADDITIONAL ELIGIBILITY REQUIRE-
24 MENTS.—No individual shall be determined, by a Gov-
25 ernor, an eligible institution, or the Secretary, to be ineli-
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1 gible for benefits provided under this section except on the
2 basis of eligibility requirements under this section.
3 ‘‘(d) DEFINITIONS.—In this section:
4 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
5 ble institution’ means an institution that—
6 ‘‘(A) is a public four-year institution of
7 higher education located in one of the several
8 States of the United States, the District of Co-
9 lumbia, the Commonwealth of Puerto Rico, or
10 an outlying area;
11 ‘‘(B) enters into an agreement with the
12 Governor of an outlying area, or with two or
13 more of such Governors (except that such insti-
14 tution may not enter into an agreement with
15 the Governor of the outlying area in which such
16 institution is located), to carry out the grant
17 program under this section; and
18 ‘‘(C) submits an assurance to the Governor
19 and to the Secretary that the institution shall
20 use funds made available under this section to
21 supplement, and not supplant, assistance that
22 otherwise would be provided to eligible students
23 from outlying areas.
24 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible
25 student’ means a student who—
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1 ‘‘(A) was domiciled in an outlying area for
2 not less than 12 consecutive months preceding
3 the commencement of the freshman year at an
4 institution of higher education supported by a
5 grant awarded under this section;
6 ‘‘(B) has not completed an undergraduate
7 baccalaureate course of study; and
8 ‘‘(C) is enrolled as an undergraduate stu-
9 dent in an eligible program (as defined in sec-
10 tion 481(b)) on at least a half-time basis.
11 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
12 The term ‘institution of higher education’ has the
13 meaning given the term in section 101.
14 ‘‘(4) GOVERNOR.—The term ‘Governor’ means
15 the chief executive of an outlying area.
16 ‘‘(5) OUTLYING AREA.—The term ‘outlying
17 area’ means the Northern Mariana Islands, Amer-
18 ican Samoa, the United States Virgin Islands,
19 Guam, and the Freely Associated States.
20 ‘‘(e) APPROPRIATIONS.—In addition to amounts oth-
21 erwise available, there is appropriated, out of any money
22 in the Treasury not otherwise appropriated, such sums as
23 may be necessary, to remain available until September 30,
24 2030, for carrying out this section.’’.
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1 PART 3—DEPARTMENT OF EDUCATION
2 IMPLEMENTATION
3 SEC. 20031. PROGRAM ADMINISTRATION.
4 In addition to amounts otherwise available, there is
5 appropriated to the Department of Education for fiscal
6 year 2022, out of any money in the Treasury not otherwise
7 appropriated, $91,742,000, to remain available until ex-
8 pended, for necessary administrative expenses associated
9 with carrying out this subtitle and sections 22101 and
10 22102.
11 SEC. 20032. STUDENT AID ADMINISTRATION.
12 In addition to amounts otherwise available, there is
13 appropriated to the Department of Education for fiscal
14 year 2022, out of any money in the Treasury not otherwise
15 appropriated, $85,000,000, to remain available through
16 September 30, 2030, for Student Aid Administration with-
17 in the Department of Education for necessary administra-
18 tive expenses associated with carrying out this subtitle and
19 for additional Federal administrative expenses.
20 SEC. 20033. OFFICE OF INSPECTOR GENERAL.
21 In addition to amounts otherwise available, there is
22 appropriated to the Department of Education for fiscal
23 year 2022, out of any money in the Treasury not otherwise
24 appropriated, $10,000,000, to remain available until ex-
25 pended, for the Office of Inspector General of the Depart-
26 ment of Education, for salaries and expenses necessary for
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1 oversight, investigations, and audits of programs, grants,
2 and projects funded under this subtitle and sections 22101
3 and 22102 carried out by the Office of Inspector General.
4 Subtitle B—Labor Matters
5 SEC. 21001. DEPARTMENT OF LABOR.
6 In addition to amounts otherwise available, out of any
7 money in the Treasury not otherwise appropriated, there
8 are appropriated to the Department of Labor for fiscal
9 year 2022, to remain available until September 30, 2026,
10 the following amounts:
11 (1) $195,000,000 to the Employee Benefits Se-
12 curity Administration for carrying out enforcement
13 activities.
14 (2) $707,000,000 to the Occupational Safety
15 and Health Administration for carrying out enforce-
16 ment, standards development, whistleblower inves-
17 tigations, compliance assistance, funding for State
18 plans, and related activities within the Occupational
19 Safety and Health Administration.
20 (3) $133,000,000 to the Mine Safety and
21 Health Administration for carrying out enforcement,
22 standard setting, technical assistance, and related
23 activities.
24 (4) $405,000,000 to the Wage and Hour Divi-
25 sion for carrying out activities of the Division.
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1 (5) $121,000,000 to the Office of Workers’
2 Compensation Programs for carrying out activities
3 of the Office.
4 (6) $201,000,000 to the Office of Federal Con-
5 tract Compliance Programs for carrying out audit,
6 investigation, enforcement, and compliance assist-
7 ance, and other activities.
8 (7) $176,000,000 to the Office of the Solicitor
9 for carrying out necessary legal support for activities
10 carried out by the Office related to and in support
11 of the activities of those Department of Labor agen-
12 cies receiving additional funding in this section.
13 SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
14 In addition to amounts otherwise available, out of any
15 money in the Treasury not otherwise appropriated, there
16 are appropriated to the National Labor Relations Board
17 for fiscal year 2022, $350,000,000, to remain available
18 until September 30, 2026, for the National Labor Rela-
19 tions Board to carry out the functions vested in it by the
20 National Labor Relations Act.
21 SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
22 SION.
23 In addition to amounts otherwise available, out of any
24 money in the Treasury not otherwise appropriated, there
25 are appropriated to the Equal Employment Opportunity
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1 Commission for fiscal year 2022, $321,000,000, to remain
2 available until September 30, 2026, for carrying out inves-
3 tigation, enforcement, outreach, and related activities.
4 SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
5 (a) OCCUPATIONAL SAFETY AND HEALTH ACT OF
6 1970.—Section 17 of the Occupational Safety and Health
7 Act of 1970 (29 U.S.C. 666) is amended—
8 (1) in subsection (a)—
9 (A) by striking ‘‘$70,000’’ and inserting
10 ‘‘$700,000’’; and
11 (B) by striking ‘‘$5,000’’ and inserting
12 ‘‘$50,000’’;
13 (2) in subsection (b), by striking ‘‘$7,000’’ and
14 inserting ‘‘$70,000’’; and
15 (3) in subsection (d), by striking ‘‘$7,000’’ and
16 inserting ‘‘$70,000’’.
17 (b) FAIR LABOR STANDARDS ACT OF 1938.—Section
18 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
19 216(e)) is amended—
20 (1) in paragraph (1)(A)—
21 (A) in clause (i), by striking ‘‘$11,000’’
22 and inserting ‘‘$132,270’’; and
23 (B) in clause (ii), by striking ‘‘$50,000’’
24 and inserting ‘‘$601,150’’; and
25 (2) in paragraph (2)—
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1 (A) in the first sentence, by striking
2 ‘‘$1,100’’ and inserting ‘‘$20,740’’; and
3 (B) in the second sentence, by striking
4 ‘‘$1,100’’ and inserting ‘‘$11,620’’.
5 (c) MIGRANT AND SEASONAL AGRICULTURAL WORK-
6 ER PROTECTION ACT.—Section 503(a)(1) of the Migrant
7 and Seasonal Agricultural Worker Protection Act (29
8 U.S.C. 1853(a)(1)) is amended by striking ‘‘$1,000’’ and
9 inserting ‘‘$25,790’’.
10 (d) EFFECTIVE DATE.—The amendments made by
11 this section shall take effect on January 1, 2022.
12 SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIO-
13 LATIONS.
14 (a) CIVIL MONETARY PENALTIES RELATING TO PAR-
15 ITY IN MENTAL HEALTH AND SUBSTANCE USE DIS-
16 ORDERS.—Section 502(c)(10) of the Employee Retirement
17 Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A))
18 is amended—
19 (1) in the heading, by striking ‘‘USE OF GE-
20 NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
21 NETIC INFORMATION AND PARITY IN MENTAL
22 HEALTH AND SUBSTANCE USE DISORDER BENE-
23 FITS’’; and
24 (2) in subparagraph (A)—
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1 (A) by striking ‘‘any plan sponsor of a
2 group health plan’’ and inserting ‘‘any plan
3 sponsor or plan administrator of a group health
4 plan’’; and
5 (B) by striking ‘‘for any failure’’ and all
6 that follows through ‘‘in connection with the
7 plan.’’ and inserting ‘‘for any failure by such
8 sponsor, administrator, or issuer, in connection
9 with the plan—
10 ‘‘(i) to meet the requirements of sub-
11 section (a)(1)(F), (b)(3), (c), or (d) of sec-
12 tion 702 or section 701 or 702(b)(1) with
13 respect to genetic information; or
14 ‘‘(ii) to meet the requirements of sub-
15 section (a) of section 712 with respect to
16 parity in mental health and substance use
17 disorder benefits.’’.
18 (b) EXCEPTION TO THE GENERAL PROHIBITION ON
19 ENFORCEMENT.—Section 502 of such Act (29 U.S.C.
20 1132) is amended—
21 (1) in subsection (a)(6), by striking ‘‘or (9)’’
22 and inserting ‘‘(9), or (10)’’; and
23 (2) in subsection (b)(3)—
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1 (A) by striking ‘‘subsections (c)(9) and
2 (a)(6)’’ and inserting ‘‘subsections (c)(9),
3 (c)(10), and (a)(6)’’;
4 (B) by striking ‘‘under subsection (c)(9))’’
5 and inserting ‘‘under subsections (c)(9) and
6 (c)(10)), and except with respect to enforce-
7 ment by the Secretary of section 712’’; and
8 (C) by striking ‘‘706(a)(1)’’ and inserting
9 ‘‘733(a)(1)’’.
10 (c) EFFECTIVE DATE.—The amendments made by
11 subsection (a) shall apply with respect to group health
12 plans, or any health insurance issuer offering health insur-
13 ance coverage in connection with such plan, for plan years
14 beginning after the date that is 1 year after the date of
15 enactment of this Act.
16 SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RE-
17 LATIONS ACT.
18 (a) IN GENERAL.—Section 12 of the National Labor
19 Relations Act (29 U.S.C. 162) is amended—
20 (1) by striking ‘‘SEC. 12. Any person’’ and in-
21 serting the following:
22 ‘‘SEC. 12. PENALTIES.
23 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH
24 BOARD.—Any person’’; and
25 (2) by adding at the end the following:
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1 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
2 TICES.—Any employer who commits an unfair labor prac-
3 tice within the meaning of section 8(a) affecting commerce
4 shall be subject to a civil penalty in an amount not to
5 exceed $50,000 for each such violation, except that, with
6 respect to such an unfair labor practice within the mean-
7 ing of paragraph (3) or (4) of section 8(a) or such a viola-
8 tion of section 8(a) that results in the discharge of an em-
9 ployee or other serious economic harm to an employee, the
10 Board shall double the amount of such penalty, to an
11 amount not to exceed $100,000, in any case where the
12 employer has within the preceding 5 years committed an-
13 other such violation of such paragraph (3) or (4) or such
14 violation of section 8(a) that results in such discharge or
15 other serious economic harm. A civil penalty under this
16 paragraph shall be in addition to any other remedy or-
17 dered by the Board.
18 ‘‘(c) CONSIDERATIONS.—In determining the amount
19 of any civil penalty under this section, the Board shall con-
20 sider—
21 ‘‘(1) the gravity of the actions of the employer
22 resulting in the penalty, including the impact of such
23 actions on the charging party or on other persons
24 seeking to exercise rights guaranteed by this Act;
25 ‘‘(2) the size of the employer;
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1 ‘‘(3) the history of previous unfair labor prac-
2 tices or other actions by the employer resulting in a
3 penalty; and
4 ‘‘(4) the public interest.
5 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the
6 Board determines, based on the particular facts and cir-
7 cumstances presented, that a director or officer’s personal
8 liability is warranted, a civil penalty for a violation de-
9 scribed in this section may also be assessed against any
10 director or officer of the employer who directed or com-
11 mitted the violation, had established a policy that led to
12 such a violation, or had actual or constructive knowledge
13 of and the authority to prevent the violation and failed
14 to prevent the violation.’’.
15 (b) EFFECTIVE DATE.—The amendments made by
16 this section shall take effect on January 1, 2022.
17 Subtitle C—Workforce
18 Development Matters
19 PART 1—DEPARTMENT OF LABOR
20 SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND
21 TRAINING ACTIVITIES.
22 (a) APPROPRIATION.—In addition to amounts other-
23 wise available, there is appropriated to the Department
24 of Labor for fiscal year 2022, out of any money in the
25 Treasury not otherwise appropriated, $2,000,000,000, to
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1 remain available until September 30, 2026, which shall be
2 allotted in accordance with subsection (b)(2) of section
3 132 and reserved under subsection (a) of section 133 of
4 the Workforce Innovation and Opportunity Act, and allo-
5 cated under subsection (b)(1)(B) of section 133 of such
6 Act for each local area to provide—
7 (1) career services authorized under subsection
8 (c)(2) of section 134 of the Workforce Innovation
9 and Opportunity Act, including individualized career
10 services described in section 134(c)(2)(A)(xii) of
11 such Act;
12 (2) supportive services and needs-related pay-
13 ments authorized under paragraphs (2) and (3) of
14 section 134(d) of the Workforce Innovation and Op-
15 portunity Act, except that the requirements of sub-
16 paragraphs (B) and (C) of paragraph (3) of such
17 section shall not apply; and
18 (3) training services, including through indi-
19 vidual training accounts, authorized under section
20 134(c)(3) of the Workforce Innovation and Oppor-
21 tunity Act, except that for purposes of providing
22 transitional jobs as part of those services under this
23 section, section 134(d)(5) of such Act shall be ap-
24 plied by substituting ‘‘40 percent’’ for ‘‘10 percent’’.
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1 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
2 available to carry out this section shall be used to supple-
3 ment and not supplant other Federal, State, and local
4 public funds expended to provide employment and training
5 activities for dislocated workers, including funds provided
6 under the Workforce Innovation and Opportunity Act.
7 SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING
8 ACTIVITIES.
9 (a) APPROPRIATION.—In addition to amounts other-
10 wise available, there is appropriated to the Department
11 of Labor for fiscal year 2022, out of any money in the
12 Treasury not otherwise appropriated, $1,000,000,000, to
13 remain available until September 30, 2026, which shall be
14 allotted in accordance with subsection (b)(1) of section
15 132 and reserved under subsection (a) of section 133 of
16 the Workforce Innovation and Opportunity Act, and allo-
17 cated under subsection (b)(1)(A) of section 133 of such
18 Act for each local area to provide—
19 (1) career services authorized under subsection
20 (c)(2) of section 134 of the Workforce Innovation
21 and Opportunity Act, including individualized career
22 services described in section 134(c)(2)(A)(xii) of
23 such Act;
24 (2) supportive services and needs-related pay-
25 ments authorized under paragraphs (2) and (3) of
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1 section 134(d) of the Workforce Innovation and Op-
2 portunity Act, except that the requirements of sub-
3 paragraphs (B) and (C) of paragraph (3) of such
4 section shall not apply; and
5 (3) training services, including through indi-
6 vidual training accounts, authorized under section
7 134(c)(3) of the Workforce Innovation and Oppor-
8 tunity Act, except that for purposes of providing in-
9 cumbent worker training as part of those services
10 under this section, if such training is provided to
11 low-wage workers, section 134(d)(4)(A)(i) of such
12 Act shall be applied by substituting ‘‘40 percent’’ for
13 ‘‘20 percent’’.
14 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
15 available to carry out this section shall be used to supple-
16 ment and not supplant other Federal, State, and local
17 public funds expended to provide adult employment and
18 training activities, including funds provided under the
19 Workforce Innovation and Opportunity Act.
20 SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
21 (a) APPROPRIATION.—In addition to amounts other-
22 wise available, there is appropriated to the Department
23 of Labor for fiscal year 2022, out of any money in the
24 Treasury not otherwise appropriated, $1,500,000,000, to
25 remain available until September 30, 2026, which shall be
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1 allotted in accordance with subparagraphs (B) and (C) of
2 section 127(b)(1) and reserved under subsection (a) of
3 section 128 of the Workforce Innovation and Opportunity
4 Act, and allocated under subsection (b) of section 128 of
5 such Act for each local area to—
6 (1) carry out the youth workforce investment
7 activities authorized under section 129 of the Work-
8 force Innovation and Opportunity Act;
9 (2) provide opportunities for in-school youth
10 and out-of-school youth to participate in paid work
11 experiences described in subsection (c)(2)(C) of sec-
12 tion 129 of the Workforce Innovation and Oppor-
13 tunity Act; and
14 (3) partner with community-based organizations
15 to support out-of-school youth, including those resid-
16 ing in high-crime or high-poverty areas.
17 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
18 available to carry out this section shall be used to supple-
19 ment and not supplant other Federal, State, and local
20 public funds expended for youth workforce investment ac-
21 tivities, including funds provided under the Workforce In-
22 novation and Opportunity Act.
23 SEC. 22004. EMPLOYMENT SERVICE.
24 In addition to amounts otherwise available, there is
25 appropriated to the Department of Labor for fiscal year
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1 2022, out of any money in the Treasury not otherwise ap-
2 propriated, the following amounts, to remain available
3 until September 30, 2026:
4 (1) $400,000,000 for carrying out the State
5 grant activities authorized under section 7 of the
6 Wagner-Peyser Act, which shall be allotted in ac-
7 cordance with section 6 of such Act, except that, for
8 purposes of this section, funds shall also be reserved
9 and used for the Commonwealth of the Northern
10 Mariana Islands and American Samoa in amounts
11 the Secretary determines appropriate prior to the al-
12 lotments being made in accordance with section 6 of
13 such Act.
14 (2) $100,000,000 for carrying out improve-
15 ments to State workforce and labor market informa-
16 tion systems.
17 SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
18 In addition to amounts otherwise available, there is
19 appropriated to the Department of Labor for fiscal year
20 2022, out of any money in the Treasury not otherwise ap-
21 propriated, the following amounts, to remain available
22 until September 30, 2026:
23 (1) $375,000,000, for carrying out the Reentry
24 Employment Opportunities program.
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1 (2) $125,000,000, for competitive grants to na-
2 tional and regional intermediaries to carry out Re-
3 entry Employment Opportunity programs that pre-
4 pare for employment young adults with criminal
5 records, young adults who have been justice system-
6 involved, or young adults who have dropped out of
7 school or other educational programs, made with a
8 priority for projects serving high-crime, high-poverty
9 areas.
10 SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH AP-
11 PRENTICESHIPS, AND PRE-APPRENTICE-
12 SHIPS.
13 In addition to amounts otherwise available, there is
14 appropriated to the Department of Labor for fiscal year
15 2022, out of any amounts in the Treasury not otherwise
16 appropriated, the following amounts, to remain available
17 until September 30, 2026:
18 (1) $500,000,000 for carrying out activities
19 through grants, cooperative agreements, contracts,
20 or other arrangements, including arrangements with
21 States and outlying areas (as such terms are defined
22 in paragraphs (45) and (56), respectively, of section
23 3 of the Workforce Innovation and Opportunity
24 Act), equity intermediaries, and business and labor
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1 industry partner intermediaries, to create or expand
2 only—
3 (A) registered apprenticeship programs;
4 (B) pre-apprenticeship programs that ar-
5 ticulate to registered apprenticeship programs;
6 and
7 (C) youth apprenticeship programs that—
8 (i) provide participants with high-
9 quality, classroom-based related instruction
10 and training, and employment opportuni-
11 ties with progressively increasing wages;
12 and
13 (ii) prepare participants for enroll-
14 ment in an institution of higher education
15 (as defined in section 101 or 102(c) of the
16 Higher Education Act of 1965), a reg-
17 istered apprenticeship program, and em-
18 ployment.
19 (2) $500,000,000 for carrying out activities
20 through arrangements described in paragraph (1) to
21 support programs described in such paragraph that
22 serve a high number or high percentage of individ-
23 uals with barriers to employment (as defined in sec-
24 tion 3(24) of the Workforce Innovation and Oppor-
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1 tunity Act), including individuals with disabilities, or
2 nontraditional apprenticeship populations.
3 SEC. 22007. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
4 (a) APPROPRIATION.—In addition to amounts other-
5 wise available, there is appropriated to the Department
6 of Labor for fiscal year 2022, out of any money in the
7 Treasury not otherwise appropriated, $4,600,000,000, to
8 remain available until September 30, 2026, for the Sec-
9 retary to award, on a competitive basis, grants, contracts,
10 or cooperative agreements to eligible partnerships for the
11 purposes of expanding employment and training activities
12 for high-skill, high-wage, or in-demand industry sectors or
13 occupations.
14 (b) ELIGIBILITY.—To be eligible to receive funds
15 under this section, an eligible partnership shall submit to
16 the Secretary an application that includes a description
17 of programs to be supported with such funds, the recog-
18 nized postsecondary credentials participants in such pro-
19 grams will earn, and related employment opportunities for
20 which participants in such programs will be prepared.
21 (c) USES OF FUNDS.—An eligible partnership award-
22 ed funds under this section shall use such funds to—
23 (1) regularly engage and convene stakeholders
24 to develop, or expand, employment and training ac-
25 tivities for the high-skill, high-wage, or in-demand
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1 industry sector or occupation on which such partner-
2 ship is focused;
3 (2) directly provide, or arrange for the provision
4 of, high-quality, evidence-based training that leads
5 to the attainment of nationally or regionally portable
6 and stackable recognized postsecondary credentials
7 for the industry sector or occupation described in
8 paragraph (1), which shall include—
9 (A)(i) training services described in any
10 clause of subparagraph (D) of section 134(c)(3)
11 of the Workforce Innovation and Opportunity
12 Act provided through contracts that meet the
13 requirements of that section 134(c)(3); or
14 (ii) training provided through—
15 (I) registered apprenticeship pro-
16 grams;
17 (II) pre-apprenticeship programs that
18 articulate to registered apprenticeship pro-
19 grams;
20 (III) youth apprenticeship programs
21 that—
22 (aa) provide participants with
23 high-quality, classroom-based related
24 instruction and training, and employ-
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1 ment opportunities with progressively
2 increasing wages; and
3 (bb) prepare participants for en-
4 rollment in an institution of higher
5 education (as defined in section 101
6 or 102(c)) of the Higher Education
7 Act of 1965), a registered apprentice-
8 ship program, and employment; or
9 (IV) joint labor-management organi-
10 zations; and
11 (B) the provision of information on related
12 skills or competencies that may be attained
13 through such training or credentials;
14 (3) directly provide, or arrange for the provision
15 of, services to help individuals with barriers to em-
16 ployment prepare for, complete, and successfully
17 transition out of training described in paragraph (2),
18 which services shall include career services, sup-
19 portive services, or provision of needs-related pay-
20 ments authorized under subsections (c)(2), (d)(2),
21 and (d)(3) of section 134 of the Workforce Innova-
22 tion and Opportunity Act, except that, for purposes
23 of this section, subparagraphs (B) and (C) of section
24 134(d)(3) of that Act shall not apply; and
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1 (4) establish or implement plans for providers
2 of programs supported with such funds to meet the
3 criteria and carry out the procedures to be included
4 on the eligible training services provider list de-
5 scribed in section 122(d) of the Workforce Innova-
6 tion and Opportunity Act.
7 (d) ADMINISTRATION.—In addition to amounts oth-
8 erwise available, there is appropriated to the Department
9 of Labor for fiscal year 2022, out of any money in the
10 Treasury not otherwise appropriated, $150,000,000, to re-
11 main available until September 30, 2026, for—
12 (1) targeted outreach and support to eligible
13 partnerships serving local areas with high unemploy-
14 ment rates or high percentages of dislocated workers
15 or individuals with barriers to employment, to pro-
16 vide guidance and assistance in the application proc-
17 ess under this section;
18 (2) administration of the program described in
19 this section, including providing comprehensive tech-
20 nical assistance and oversight to support eligible
21 partnerships; and
22 (3) evaluating and reporting on the perform-
23 ance and impact of programs funded under this sec-
24 tion.
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1 (e) STATE BOARD OR LOCAL BOARD FUNDS.—In ad-
2 dition to amounts otherwise available, there is appro-
3 priated to the Department of Labor for fiscal year 2022,
4 out of any money in the Treasury not otherwise appro-
5 priated, $250,000,000, to remain available until Sep-
6 tember 30, 2026, to provide direct assistance to State
7 boards or local boards to support the creation or expansion
8 of industry or sector partnerships in local areas with high
9 unemployment rates or high percentages of dislocated
10 workers or individuals with barriers to employment, as
11 compared to State or national averages for such rates or
12 percentages.
13 (f) 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
16 public funds expended to support activities described in
17 this section.
18 SEC. 22008. JOB CORPS.
19 (a) APPROPRIATION.—In addition to amounts other-
20 wise available, there is appropriated to the Department
21 of Labor for fiscal year 2022, out of any amounts in the
22 Treasury not otherwise appropriated, $500,000,000, to re-
23 main available until September 30, 2026—
24 (1) to provide funds to operators and service
25 providers to—
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1 (A) carry out the activities and services de-
2 scribed in sections 148 and 149 of the Work-
3 force Innovation and Opportunity Act; and
4 (B) improve and expand access to allow-
5 ances and services described in section 150 of
6 such Act; and
7 (2) for the construction, rehabilitation, and ac-
8 quisition of Job Corps centers, notwithstanding sec-
9 tion 158(c) of the Workforce Innovation and Oppor-
10 tunity Act.
11 (b) ELIGIBILITY OF OPERATORS AND SERVICE PRO-
12 VIDERS.—For the purposes of carrying out subsection (a),
13 an entity in a State or outlying area (as such term is de-
14 fined in section 3(45) of the Workforce Innovation and
15 Opportunity Act) may be eligible to be selected as an oper-
16 ator or service provider.
17 SEC. 22009. NATIVE AMERICAN PROGRAMS.
18 In addition to amounts otherwise available, there is
19 appropriated to the Department of Labor for fiscal year
20 2022, out of any amounts in the Treasury not otherwise
21 appropriated, $50,000,000, to remain available until Sep-
22 tember 30, 2026, to carry out activities described in sec-
23 tion 166(d)(2)(A) of the Workforce Innovation and Oppor-
24 tunity Act.
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1 SEC. 22010. MIGRANT AND SEASONAL FARMWORKER PRO-
2 GRAMS.
3 In addition to amounts otherwise available, there is
4 appropriated to the Department of Labor for fiscal year
5 2022, out of any amounts in the Treasury not otherwise
6 appropriated, $70,000,000, to remain available until Sep-
7 tember 30, 2026, to carry out activities described in sec-
8 tion 167(d) of the Workforce Innovation and Opportunity
9 Act, except that, for purposes of providing services as part
10 of such activities to low-income individuals under this sec-
11 tion, section 3(36)(A)(ii)(I) of such Act shall be applied
12 by substituting ‘‘150 percent of the poverty line’’ for ‘‘the
13 poverty line’’.
14 SEC. 22011. YOUTHBUILD PROGRAM.
15 In addition to amounts otherwise available, there is
16 appropriated to the Department of Labor for fiscal year
17 2022, out of any amounts in the Treasury not otherwise
18 appropriated, $15,000,000, to remain available until Sep-
19 tember 30, 2026, to carry out activities described in sec-
20 tion 171(c)(2) of the Workforce Innovation and Oppor-
21 tunity Act, including for the purposes of improving and
22 expanding access to services, stipends, wages, and benefits
23 described in subparagraphs (A)(vii) and (F) of section
24 171(c)(2) of such Act.
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1 SEC. 22012. SENIOR COMMUNITY SERVICE EMPLOYMENT
2 PROGRAM.
3 In addition to amounts otherwise available, there is
4 appropriated to the Department of Labor for fiscal year
5 2022, out of any amounts in the Treasury not otherwise
6 appropriated, $35,000,000, to remain available until Sep-
7 tember 30, 2026, for the Senior Community Service Em-
8 ployment program authorized under section 502 of the
9 Older Americans Act of 1965.
10 SEC. 22013. PROVISION OF INFORMATION.
11 For purposes of determinations of the eligibility of
12 individuals to participate in activities funded under this
13 subtitle, the provision of information for such determina-
14 tions by Federal agencies other than the Department of
15 Labor or the Department of Education shall not be re-
16 quired.
17 SEC. 22014. DEFINITIONS.
18 In this part:
19 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
20 ble partnership’’ means—
21 (A) an industry or sector partnership,
22 which shall include multiple representatives de-
23 scribed in each of clauses (i) through (iii) of
24 paragraph (26)(A) of section 3 of the Work-
25 force Innovation and Opportunity Act; or
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1 (B) a State board or local board, a joint
2 labor-management organization, or an entity el-
3 igible to be a representative under clause (i),
4 (ii), or (iii) of paragraph (26)(A) of section 3
5 of the Workforce Innovation and Opportunity
6 Act, that is in the process of establishing an in-
7 dustry or sector partnership described in sub-
8 paragraph (A), to carry out a grant, contract,
9 or cooperative agreement under section 22007.
10 (2) EVIDENCE-BASED.—The term ‘‘evidence-
11 based’’ has the meaning given the term in section
12 3(23) of the Carl D. Perkins Career and Technical
13 Education Act of 2006.
14 (3) REGISTERED APPRENTICESHIP PROGRAM.—
15 The term ‘‘registered apprenticeship program’’
16 means an apprenticeship program registered with
17 the Office of Apprenticeship of the Employment and
18 Training Administration of the Department of
19 Labor or a State apprenticeship agency recognized
20 by the Office of Apprenticeship pursuant to the Act
21 of August 16, 1937 (commonly known as the ‘‘Na-
22 tional Apprenticeship Act’’; 50 Stat. 664, chapter
23 663).
24 (4) SECRETARY.—The term ‘‘Secretary’’ means
25 the Secretary of Labor.
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1 (5) WIOA DEFINITIONS.—
2 (A) IN GENERAL.—The terms ‘‘career
3 pathway’’, ‘‘in-demand industry sector or occu-
4 pation’’, ‘‘individual with a barrier to employ-
5 ment’’, ‘‘industry or sector partnership’’, ‘‘local
6 area’’, ‘‘local board’’, ‘‘recognized postsecondary
7 credential’’, ‘‘State board’’, and ‘‘supportive
8 services’’ have the meanings given the terms in
9 paragraphs (7), (23), (24), (26), (32), (33),
10 (52), (57), and (59), respectively, of section 3
11 of the Workforce Innovation and Opportunity
12 Act.
13 (B) CAREER SERVICES.—The term ‘‘career
14 services’’ means services described in section
15 134(c)(2) of the Workforce Innovation and Op-
16 portunity Act.
17 PART 2—DEPARTMENT OF EDUCATION
18 SEC. 22101. ADULT EDUCATION AND LITERACY.
19 (a) APPROPRIATION.—In addition to amounts other-
20 wise available, there is appropriated to the Department
21 of Education for fiscal year 2022, out of any money in
22 the Treasury not otherwise appropriated, $700,000,000,
23 to remain available until September 30, 2027, to carry out
24 the program of adult education and literacy activities au-
25 thorized under the Workforce Innovation and Opportunity
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1 Act, except that, for each fiscal year for which an eligible
2 agency receives funds appropriated under this section, sec-
3 tion 222(a)(1) of the Workforce Innovation and Oppor-
4 tunity Act shall be applied by substituting ‘‘not less than
5 10 percent’’ for ‘‘not more than 20 percent’’, and section
6 222(b) of such Act shall not apply.
7 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
8 available to carry out this section shall be used to supple-
9 ment and not supplant other Federal, State, and local
10 public funds expended to support adult education and lit-
11 eracy activities, including funds provided under the Work-
12 force Innovation and Opportunity Act.
13 SEC. 22102. CAREER AND TECHNICAL EDUCATION.
14 (a) APPROPRIATION.—In addition to amounts other-
15 wise available, there is appropriated to the Department
16 of Education for fiscal year 2022, out of any money in
17 the Treasury not otherwise appropriated, the following
18 amounts, to remain available until September 30, 2027:
19 (1) $600,000,000 for carrying out career and
20 technical education programs authorized under sec-
21 tion 124 and section 135 of the Carl D. Perkins Ca-
22 reer and Technical Education Act of 2006, which
23 shall be allotted in accordance with section 111 and
24 section 112 of such Act, except that subsection (b)
25 of section 112 shall not apply.
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1 (2) $100,000,000 for carrying out the innova-
2 tion and modernization program in subsection (e) of
3 section 114 of the Carl D. Perkins Career and Tech-
4 nical Education Act of 2006, except that, for pur-
5 poses of this paragraph, paragraph (2) of such sub-
6 section and the 20 percent limitation in paragraph
7 (1) of such subsection shall not apply and eligible
8 agencies, as defined in section 3(18) of such Act,
9 shall be eligible to receive grants under such pro-
10 gram.
11 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
12 available to carry out this section shall be used to supple-
13 ment and not supplant other Federal, State, and local
14 public funds expended for career and technical education
15 programs, including funds provided under the Carl D.
16 Perkins Career and Technical Education Act of 2006.
17 SEC. 22103. COMMUNITY COLLEGE AND INDUSTRY PART-
18 NERSHIP GRANTS.
19 (a) APPROPRIATION.—In addition to amounts other-
20 wise available, there is appropriated to the Department
21 of Education for fiscal year 2022, out of any money in
22 the Treasury not otherwise appropriated, $4,900,000,000,
23 to remain available until September 30, 2026, for the Sec-
24 retary, in coordination with the Secretary of Labor, to
25 award grants, on a competitive basis, to eligible institu-
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1 tions for the purposes of expanding employment and train-
2 ing activities for high-skill, high-wage, or in-demand in-
3 dustry sectors or occupations.
4 (b) ELIGIBILITY.—To be eligible to receive such a
5 grant, an eligible institution shall submit to the Secretary
6 an application that includes a description of programs to
7 be supported with such grant, the recognized postsec-
8 ondary credentials participants in such programs will
9 earn, and the related employment opportunities for which
10 participants in such programs will be prepared.
11 (c) USE OF FUNDS.—An eligible institution awarded
12 a grant under this section shall use such grant funds to
13 expand opportunities for attainment of recognized postsec-
14 ondary credentials that are nationally or regionally port-
15 able and stackable for high-skill, high-wage, or in-demand
16 industry sectors or occupations by—
17 (1) establishing, improving, or scaling high-
18 quality, evidence-based education or career training
19 programs, career pathway programs, or work-based
20 learning programs (including registered apprentice-
21 ship programs or pre-apprenticeships that articulate
22 to registered apprenticeship programs);
23 (2) providing services to help individuals with
24 barriers to employment prepare for, complete, and
25 successfully transition out of programs described in
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1 paragraph (1) supported by such grant, which shall
2 include providing supportive services, career services,
3 career guidance and academic counseling, or job
4 placement assistance; and
5 (3) carrying out 1 or more of the following:
6 (A) Creating, developing, or expanding ar-
7 ticulation agreements (as defined in section
8 486A(a) of the Higher Education Act of 1965),
9 credit transfer agreements, corequisite remedi-
10 ation programs, dual or concurrent enrollment
11 programs, or policies and processes to award
12 academic credit for prior learning or for pro-
13 grams described in paragraph (1) supported by
14 such grant.
15 (B) Making available information on cur-
16 ricula and recognized postsecondary credentials,
17 including those created or developed using such
18 grant, and information on the related skills or
19 competencies and related employment and earn-
20 ings outcomes.
21 (C) Establishing or implementing plans for
22 providers of programs described in paragraph
23 (1) supported by such grant to meet the criteria
24 and carry out the procedures to be included on
25 the eligible training services provider list de-
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1 scribed in section 122(d) of the Workforce In-
2 novation and Opportunity Act.
3 (D) Purchasing, leasing, or refurbishing
4 specialized equipment necessary to carry out
5 such programs.
6 (E) Reducing participants’ cost of attend-
7 ance in such programs.
8 (F) Establishing or expanding industry or
9 sector partnerships to successfully carry out the
10 activities supported by such grant under this
11 paragraph, and paragraphs (1) and (2).
12 (d) ADMINISTRATION.—In addition to amounts oth-
13 erwise available, there is appropriated to the Department
14 of Education for fiscal year 2022, out of any money in
15 the Treasury not otherwise appropriated, $100,000,000,
16 to remain available until September 30, 2026, to carry
17 out, in coordination of the Department of Labor, the fol-
18 lowing activities:
19 (1) Targeted outreach to eligible institutions
20 serving a high number or high percentage of low-in-
21 come individuals or individuals with barriers to em-
22 ployment, and rural-serving eligible institutions, to
23 provide guidance and assistance in the grant appli-
24 cation process under this section.
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1 (2) Administration of the program described in
2 this section, including providing technical assistance
3 and oversight to support eligible institutions.
4 (3) Evaluating and reporting on the perform-
5 ance and impact of programs funded under this sec-
6 tion.
7 (e) SUPPLEMENT NOT SUPPLANT.—Amounts avail-
8 able to carry out this section shall be used to supplement
9 and not supplant other Federal, State, and local public
10 funds expended to support activities described in this sec-
11 tion.
12 (f) DEFINITIONS.—In this section:
13 (1) COMMUNITY COLLEGE.—The term ‘‘commu-
14 nity college’’ means—
15 (A) a degree-granting public institution of
16 higher education (as defined in section 101 of
17 the Higher Education Act of 1965) at which—
18 (i) the highest degree awarded is an
19 associate degree; or
20 (ii) an associate degree is the most
21 frequently awarded degree;
22 (B) a 2-year Tribal College or University
23 (as defined in section 316(b)(3) of the Higher
24 Education Act of 1965);
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1 (C) a degree-granting Tribal College or
2 University (as defined in section 316(b)(3) of
3 the Higher Education Act of 1965) at which—
4 (i) the highest degree awarded is an
5 associate degree; or
6 (ii) an associate degree is the most
7 frequently awarded degree; or
8 (D) a branch campus of a 4-year public in-
9 stitution of higher education (as defined in sec-
10 tion 101 of the Higher Education Act of 1965),
11 if, at such branch campus—
12 (i) the highest degree awarded is an
13 associate degree; or
14 (ii) an associate degree is the most
15 frequently awarded degree.
16 (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
17 ble institution’’ means a community college, a post-
18 secondary vocational institution (as defined in sec-
19 tion 102(c) of the Higher Education Act of 1965),
20 or a consortium of such colleges or institutions, that
21 is working directly with an industry or sector part-
22 nership, or in the process of establishing such part-
23 nership, to carry out a grant under this section.
24 (3) PERKINS CTE DEFINITIONS.—The terms
25 ‘‘career guidance and academic counseling’’, ‘‘dual
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1 or concurrent enrollment program’’, ‘‘evidence-
2 based’’, and ‘‘work-based learning’’ have the mean-
3 ings given the terms in paragraphs (7), (15), (23),
4 and (55), respectively, of section 3 of the Carl D.
5 Perkins Career and Technical Education Act of
6 2006.
7 (4) REGISTERED APPRENTICESHIP PROGRAM.—
8 The term ‘‘registered apprenticeship program’’
9 means an apprenticeship program registered with
10 the Office of Apprenticeship of the Employment and
11 Training Administration of the Department of
12 Labor or a State apprenticeship agency recognized
13 by the Office of Apprenticeship pursuant to the Act
14 of August 16, 1937 (commonly known as the ‘‘Na-
15 tional Apprenticeship Act’’; 50 Stat. 664, chapter
16 663).
17 (5) SECRETARY.—The term ‘‘Secretary’’ means
18 the Secretary of Education.
19 (6) WIOA DEFINITIONS.—
20 (A) IN GENERAL.—The terms ‘‘career
21 pathway’’, ‘‘in-demand industry sector or occu-
22 pation’’, ‘‘individual with a barrier to employ-
23 ment’’, ‘‘industry or sector partnership’’, ‘‘rec-
24 ognized postsecondary credential’’, and ‘‘sup-
25 portive services’’ have the meanings given the
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1 terms in paragraphs (7), (23), (24), (26), (52),
2 and (59), respectively, of section 3 of the Work-
3 force Innovation and Opportunity Act.
4 (B) CAREER SERVICES.—The term ‘‘career
5 services’’ means services described in section
6 134(c)(2) of the Workforce Innovation and Op-
7 portunity Act.
8 PART 3—COMPETITIVE INTEGRATED EMPLOY-
9 MENT TRANSFORMATION GRANT PROGRAM
10 SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT
11 TRANSFORMATION GRANT PROGRAM.
12 (a) APPROPRIATION.—In addition to amounts other-
13 wise made available, there is appropriated to the Depart-
14 ment of Labor for fiscal year 2022, out of any money in
15 the Treasury not otherwise appropriated, the following
16 amounts, to remain available through fiscal year 2029, for
17 the Secretary of Labor to award grants to covered States
18 in accordance with this section to assist employers in such
19 States who were issued special certificates under section
20 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C.
21 214(c)) (referred to in this part as ‘‘special certificates’’)
22 in transforming their business and program models from
23 providing employment using special certificates to busi-
24 ness and program models that employ and support people
25 with disabilities in competitive integrated employment:
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1 (1) $189,000,000 for subsection (d)(2)(B).
2 (2) $81,000,000 for subsection (d)(2)(C).
3 (b) APPLICATIONS.—
4 (1) IN GENERAL.—To be eligible to receive a
5 grant under this section, a covered State shall sub-
6 mit an application to the Secretary at such time, in
7 such manner, and including such information as the
8 Secretary may reasonably require.
9 (2) CONTENTS.—Each application submitted
10 under paragraph (1) shall include—
11 (A) a description of the status of the em-
12 ployers in the covered State providing employ-
13 ment using special certificates, including—
14 (i) the number of employers in the
15 covered State using special certificates to
16 employ and pay people with disabilities;
17 (ii) the number of employees in the
18 covered State employed under a special
19 certificate;
20 (iii) the average number of hours such
21 employees work per week; and
22 (iv) the average hourly wage for such
23 employees;
24 (B) a description of activities to be funded
25 under the grant, and the goals of such activi-
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1 ties, including the activities of the covered State
2 with respect to competitive integrated employ-
3 ment for people with disabilities; and
4 (C) assurances that—
5 (i) the activities carried out under the
6 grant will result in—
7 (I) each employer in the covered
8 State that, on the date of enactment
9 of this Act, provides employment
10 using special certificates transforming
11 its business and program models as
12 described in subsection (c)(1); and
13 (II) each employer in the covered
14 State ceasing to use special certifi-
15 cates by the end of the 5-year grant
16 period and no longer applying for or
17 renewing such certificates;
18 (ii) each individual in the covered
19 State who is employed under a special cer-
20 tificate will, as a result of such a trans-
21 formation, be employed in competitive inte-
22 grated employment or a combination of
23 competitive integrated employment and in-
24 tegrated services, including by compen-
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1 sating all employees of the employer for all
2 hours worked at a rate that is—
3 (I) not less than the higher of—
4 (aa) the rate specified in
5 section 6(a)(1) of the Fair Labor
6 Standards Act of 1938 (29
7 U.S.C. 206(a)(1));
8 (bb) the rate specified in an
9 applicable State or local min-
10 imum wage law; or
11 (cc) in the case of work on
12 a contract that is subject to
13 chapter 67 of title 41, United
14 States Code, the applicable pre-
15 vailing wage rate under such
16 chapter; and
17 (II) not less than the rate paid
18 by the employer for the same or simi-
19 lar work performed by other employ-
20 ees who are not people with disabil-
21 ities, and who are similarly situated in
22 similar occupations by the same em-
23 ployer and who have similar training,
24 experience, and skills; and
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1 (iii) the covered State will establish an
2 advisory council to monitor and guide the
3 process of transforming business and pro-
4 gram models of employers in the covered
5 State as described in subsection (c)(1).
6 (c) USE OF FUNDS.—A covered State receiving a
7 grant under this section shall use the grant funds for each
8 of the following activities:
9 (1) Identifying each employer in the State that
10 will transform its business and program models from
11 employing people with disabilities using special cer-
12 tificates to employing people with disabilities in com-
13 petitive integrated employment settings, or a setting
14 involving a combination of competitive integrated
15 employment and integrated services.
16 (2) Implementing a service delivery infrastruc-
17 ture to support people with disabilities who have
18 been employed under special certificates through
19 such a transformation, including providing enhanced
20 integrated services to support people with the most
21 significant disabilities.
22 (3) Expanding competitive integrated employ-
23 ment and integrated services to be provided to such
24 people as a result of transformations described in
25 paragraph (1).
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1 (d) ALLOTMENTS.—
2 (1) IN GENERAL.—Not later than 18 months
3 after the date of enactment of this Act, the Sec-
4 retary shall—
5 (A) determine the number of covered
6 States; and
7 (B)(i) in a case in which the Secretary de-
8 termines that there are 15 or more covered
9 States, award each covered State a grant under
10 paragraph (2); or
11 (ii) in a case in which the Secretary deter-
12 mines that there are 14 or fewer covered
13 States, award each covered State a grant under
14 paragraph (3) for the first 5-year grant period
15 under such paragraph.
16 (2) 15 OR MORE COVERED STATES.—
17 (A) IN GENERAL.—In a case in which the
18 Secretary determines under paragraph (1) that
19 there are 15 or more covered States, from the
20 funds appropriated under subsection (a), the
21 Secretary shall allot to each covered State a
22 grant under this section in an amount equal to
23 the sum of—
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1 (i) the allotment made to the covered
2 State in accordance with subparagraph
3 (B); and
4 (ii) the allotment made to the covered
5 State in accordance with subparagraph
6 (C).
7 (B) ALLOTMENT BASED ON THE NUMBER
8 OF EMPLOYEES EMPLOYED UNDER SPECIAL
9 CERTIFICATES.—From the total amount of the
10 funds appropriated under subsection (a)(1), the
11 Secretary shall allot to each covered State an
12 amount that bears the same relationship to
13 such total amount as the number of people with
14 disabilities who are employed under a special
15 certificate in the covered State bears to the
16 total number of people with disabilities who are
17 employed under a special certificate in all cov-
18 ered States.
19 (C) ALLOTMENT BASED ON THE NUMBER
20 OF EMPLOYERS WITH SPECIAL CERTIFI-
21 CATES.—From the total amount of the funds
22 appropriated under subsection (a)(2), the Sec-
23 retary shall allot to each covered State an
24 amount that bears the same relationship to
25 such total amount as the number of employers
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1 in the covered State who have in effect a special
2 certificate bears to the total number of employ-
3 ers in all covered States who have in effect such
4 a certificate.
5 (D) DATA.—In determining the number of
6 people with disabilities who are employed under
7 a special certificate for purposes of subpara-
8 graph (B) and the number of employers who
9 have in effect a special certificate for purposes
10 of subparagraph (C), the Secretary shall use
11 the most accurate data available to the Sec-
12 retary on the date of enactment of this Act.
13 (E) GRANT PERIOD.—A grant under this
14 paragraph shall be awarded for a period of 5
15 years.
16 (3) 14 OR FEWER COVERED STATES.—
17 (A) IN GENERAL.—In a case in which the
18 Secretary determines under paragraph (1) that
19 there are 14 or fewer covered States, from the
20 funds appropriated under subsection (a), the
21 Secretary shall award a grant to each covered
22 State in an amount that the Secretary deter-
23 mines necessary for the covered State to accom-
24 plish the purpose of the grant described in such
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1 subsection and for the Secretary to meet the re-
2 quirements of this paragraph.
3 (B) GRANT PERIODS.—
4 (i) IN GENERAL.—The Secretary shall
5 award grants under this paragraph for 2
6 separate, 5-year grant periods.
7 (ii) SECOND 5-YEAR GRANT PERIOD.—
8 Grants for the second 5-year grant period
9 shall be awarded—
10 (I) not earlier than the end of
11 the second year of the first 5-year
12 grant period described in paragraph
13 (1)(B)(ii); and
14 (II) not later than September 30,
15 2025.
16 (C) LIMIT ON NUMBER OF GRANTS.—No
17 State may receive more than 1 grant under this
18 paragraph.
19 (e) DEFINITION OF COVERED STATE.—In this sec-
20 tion, the term ‘‘covered State’’ means a State (as defined
21 in section 3 of the Fair Labor Standards Act of 1938 (29
22 U.S.C. 203)) that—
23 (1) as of the date of enactment of this Act, has
24 not phased out, or is not in the process of phasing
25 out, the use of special certificates in the State; and
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1 (2) submits an application under subsection (b)
2 that meets the requirements under such subsection.
3 SEC. 22202. GRANTS FOR STATES TO EXPAND COMPETITIVE
4 INTEGRATED EMPLOYMENT.
5 (a) APPROPRIATION.—In addition to amounts other-
6 wise made available, there is appropriated to the Depart-
7 ment of Labor for fiscal year 2022, out of any money in
8 the Treasury not otherwise appropriated, $24,000,000, to
9 remain available through fiscal year 2029, for the Sec-
10 retary of Labor to award grants to covered States in ac-
11 cordance with this section to assist employers in such
12 States who were issued special certificates in continuing
13 to transform their business and program models from pro-
14 viding employment using special certificates to business
15 and program models that employ and support people with
16 disabilities in competitive integrated employment.
17 (b) APPLICATIONS.—To be eligible to receive a grant
18 under this section, a covered State shall submit an appli-
19 cation to the Secretary at such time, in such manner, and
20 include such information as the Secretary may reasonably
21 require, including a description of activities to be funded
22 under the grant and the activities of the covered State
23 with respect to competitive integrated employment for peo-
24 ple with disabilities.
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1 (c) USE OF FUNDS.—A covered State that receives
2 a grant under this section shall use the grant funds for
3 activities to expand competitive integrated employment
4 and integrated services to be provided to people with dis-
5 abilities.
6 (d) GRANT AWARD.—Not later than 18 months after
7 the date of enactment of this Act, the Secretary shall
8 award each covered State a grant in an amount that bears
9 the same relationship to the total amount appropriated
10 under subsection (a) as the population of the covered State
11 bears to the total population of all covered States.
12 (e) GRANT PERIOD.—A grant under this section shall
13 be awarded for a period of 5 years.
14 (f) DEFINITION OF COVERED STATE.—In this sec-
15 tion, the term ‘‘covered State’’ means a State (as defined
16 in section 3 of the Fair Labor Standards Act of 1938 (29
17 U.S.C. 203)) that—
18 (1) as of the date of enactment of this Act, has
19 phased out, or is the process of phasing out, the use
20 of special certificates in the State; and
21 (2) submits an application under subsection (b)
22 that meets the requirements under such subsection.
23 SEC. 22203. TECHNICAL ASSISTANCE.
24 In addition to amounts otherwise made available,
25 there is appropriated to the Department of Labor for fis-
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1 cal year 2022, out of any money in the Treasury not other-
2 wise appropriated, $6,000,000, to remain available
3 through fiscal year 2029, for the Secretary to, in partner-
4 ship with the Office of Special Education and Rehabilita-
5 tive Services of the Department of Education, establish,
6 either directly or through grants, contracts, or cooperative
7 agreements, a national technical assistance center to—
8 (1) provide technical assistance to employers
9 who are transforming from employing people with
10 disabilities using special certificates to employing
11 people with disabilities in competitive integrated em-
12 ployment settings; and
13 (2) collect and disseminate information on evi-
14 dence-based practices for such transformations and
15 for providing competitive integrated employment and
16 integrated services.
17 SEC. 22204. SUPPLEMENT AND NOT SUPPLANT.
18 Any funds made available to a State under this part
19 shall be used to supplement and not supplant any Federal,
20 State, or local public funds expended—
21 (1) to assist employers in such State who were
22 issued a special certificate in transforming (or con-
23 tinuing to transform) their business and program
24 models from providing employment using special cer-
25 tificates to business and program models that em-
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1 ploy and support people with disabilities in competi-
2 tive integrated employment; or
3 (2) to support the employment of people with
4 disabilities in competitive integrated employment.
5 SEC. 22205. DEFINITIONS.
6 In this part:
7 (1) COMPETITIVE INTEGRATED EMPLOY-
8 MENT.—The term ‘‘competitive integrated employ-
9 ment’’ has the meaning given such term in section
10 7(5) of the Rehabilitation Act of 1973 (29 U.S.C.
11 705(5)).
12 (2) EMPLOYEE.—The term ‘‘employee’’ means
13 any individual employed by an employer.
14 (3) EMPLOYER.—The term ‘‘employer’’ means
15 any person acting directly or indirectly in the inter-
16 est of an employer in relation to an employee, but
17 does not include any labor organization (other than
18 when acting as an employer) or anyone acting in the
19 capacity of officer or agent of such labor organiza-
20 tion.
21 (4) INTEGRATED SERVICES.—The term ‘‘inte-
22 grated services’’ means services for people with dis-
23 abilities that are—
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1 (A) designed to assist such people in devel-
2 oping skills and abilities to reside successfully
3 in home and community-based settings;
4 (B) provided in accordance with a person-
5 centered written plan of care;
6 (C) created using evidence-based practices
7 that lead to such people—
8 (i) maintaining competitive integrated
9 employment;
10 (ii) achieving independent living; or
11 (iii) maximizing socioeconomic self-
12 sufficiency, optimal independence, and full
13 participation in the community;
14 (D) provided in a community location that
15 is not specifically intended for people with dis-
16 abilities;
17 (E) provided in a location that—
18 (i) allows the people receiving the
19 services to interact with people without dis-
20 abilities to the fullest extent possible; and
21 (ii) makes it possible for the people
22 receiving the services to access community
23 resources that are not specifically intended
24 for people with disabilities and to have the
25 same opportunity to participate in the
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1 community as people who do not have a
2 disability; and
3 (F) provided in multiple locations to allow
4 the individual receiving the services to have op-
5 tions, thereby—
6 (i) optimizing individual initiative, au-
7 tonomy, and independence; and
8 (ii) facilitating choice regarding serv-
9 ices and supports, and choice regarding the
10 provider of such services.
11 (5) PEOPLE WITH DISABILITIES.—The term
12 ‘‘people with disabilities’’ includes individuals de-
13 scribed in section 14(c)(1) of the Fair Labor Stand-
14 ards Act of 1938 (29 U.S.C. 214(c)(1)).
15 (6) SECRETARY.—The term ‘‘Secretary’’ means
16 the Secretary of Labor.
17 PART 4—RECRUITMENT, EDUCATION AND TRAIN-
18 ING, RETENTION, AND CAREER ADVANCE-
19 MENTS FOR THE DIRECT CARE WORKFORCE
20 SEC. 22301. DEFINITIONS.
21 In this part:
22 (1) CTE DEFINITIONS.—The terms ‘‘area ca-
23 reer and technical education school’’, ‘‘evidence-
24 based’’, and ‘‘work-based learning’’ have the mean-
25 ings given such terms in paragraphs (3), (23), and
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1 (55), respectively, of section 3 of the Carl D. Per-
2 kins Career and Technical Education Act of 2006
3 (20 U.S.C. 2302).
4 (2) WIOA DEFINITIONS.—The terms ‘‘career
5 pathway’’, ‘‘career planning’’, ‘‘individual with a bar-
6 rier to employment’’, ‘‘local board’’, ‘‘older indi-
7 vidual’’, ‘‘on-the-job training’’, ‘‘recognized postsec-
8 ondary credential’’, and ‘‘State board’’ have the
9 meanings given such terms paragraphs (7), (8),
10 (24), (33), (39), (44), (52), and (57), respectively,
11 of section 3 of the Workforce Innovation and Oppor-
12 tunity Act (29 U.S.C. 3102).
13 (3) OTHER DEFINITIONS.—
14 (A) DIRECT SUPPORT WORKER.—The term
15 ‘‘direct support worker’’ means—
16 (i) a direct support professional;
17 (ii) a worker providing direct care
18 services, which may include palliative care,
19 in a home or community-based setting;
20 (iii) a respite care provider who pro-
21 vides short-term support and care to an in-
22 dividual in order to provide relief to a fam-
23 ily caregiver;
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1 (iv) a direct care worker, as defined in
2 section 799B of the Public Health Service
3 Act (42 U.S.C. 295p); or
4 (v) an individual in any other position
5 or job related to those described in clauses
6 (i) through (iv), as determined by the Sec-
7 retary in consultation with the Secretary of
8 Health and Human Services acting
9 through the Administrator for the Admin-
10 istration for Community Living.
11 (B) ELIGIBLE ENTITY.—The term ‘‘eligible
12 entity’’ means an entity that is—
13 (i) a State;
14 (ii) a labor organization or a joint
15 labor-management organization;
16 (iii) a nonprofit organization with ex-
17 perience in aging, disability, supporting the
18 rights and interests of direct support work-
19 ers, or training or educating direct support
20 workers;
21 (iv) an Indian Tribe or Tribal organi-
22 zation;
23 (v) an urban Indian organization;
24 (vi) a State board or local board;
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1 (vii) an area agency on aging (as de-
2 fined in section 102 of the Older Ameri-
3 cans Act of 1965 (42 U.S.C. 3002));
4 (viii) when in partnership with an en-
5 tity described in any of clauses (i) through
6 (vii) or with a consortium described in
7 clause (ix)—
8 (I) an institution of higher edu-
9 cation (as defined in section 101 of
10 the Higher Education Act of 1965 (20
11 U.S.C. 1001) or section 102(a)(1)(B)
12 of such Act (20 U.S.C.
13 1002(a)(1)(B))); or
14 (II) an area career and technical
15 education school; or
16 (ix) a consortium of entities listed in
17 any of clauses (i) through (vii).
18 (C) FAMILY CAREGIVER.—The term ‘‘fam-
19 ily caregiver’’ means a paid or unpaid adult
20 family member or other individual who has a
21 significant relationship with, and who provides
22 a broad range of assistance to, an individual
23 with a chronic or other health condition, dis-
24 ability, or functional limitation.
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1 (D) HOME AND COMMUNITY-BASED SERV-
2 ICES.—The term ‘‘home and community-based
3 services’’ has the meaning given such term in
4 section 9817(a)(2) of the American Rescue
5 Plan Act of 2021 (Public Law 117–2).
6 (E) PERSON WITH A DISABILITY.—The
7 term ‘‘person with a disability’’ means an indi-
8 vidual with a disability as defined in section 3
9 of the Americans with Disabilities Act of 1990
10 (42 U.S.C. 12102).
11 (F) PRE-APPRENTICESHIP PROGRAM.—The
12 term ‘‘pre-apprenticeship program’’ means a
13 program that articulates to a registered appren-
14 ticeship program.
15 (G) REGISTERED APPRENTICESHIP PRO-
16 GRAM.—The term ‘‘registered apprenticeship
17 program’’ means an apprenticeship program
18 registered with the Office of Apprenticeship of
19 the Employment Training Administration of the
20 Department of Labor or a State apprenticeship
21 agency recognized by the Office of Apprentice-
22 ship pursuant to the Act of August 16, 1937
23 (commonly known as the ‘‘National Apprentice-
24 ship Act’’; 50 Stat. 664, chapter 663).
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1 (H) SECRETARY.—The term ‘‘Secretary’’
2 means the Secretary of Labor.
3 (I) STATE.—The term ‘‘State’’ means each
4 of the 50 States of the United States, the Dis-
5 trict of Columbia, the Commonwealth of Puerto
6 Rico, American Samoa, Guam, the United
7 States Virgin Islands, and the Commonwealth
8 of the Northern Mariana Islands.
9 SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORK-
10 FORCE.
11 (a) GRANTS AUTHORIZED.—In addition to amounts
12 otherwise available, there is appropriated to the Secretary
13 for fiscal year 2022, out of any money in the Treasury
14 not otherwise appropriated, $1,000,000,000, to remain
15 available until September 30, 2031, for awarding, on a
16 competitive basis, grants to eligible entities to carry out
17 the activities described in subsection (c) with respect to
18 direct support workers.
19 (b) APPLICATIONS; AWARD BASIS.—
20 (1) APPLICATIONS.—
21 (A) IN GENERAL.—An eligible entity seek-
22 ing a grant under subsection (a) shall submit to
23 the Secretary an application at such time, in
24 such manner, and containing such information
25 as the Secretary, in coordination with the Sec-
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1 retary of Health and Human Services acting
2 through the Administrator of the Administra-
3 tion for Community Living, may require.
4 (B) CONTENTS.—Each application under
5 subparagraph (A) shall include—
6 (i) a description of the type or types
7 of direct support workers the entity plans
8 to serve through the activities supported by
9 the grant;
10 (ii) a description of the one or more
11 eligible entities collaborating to carry out
12 the activities described in subsection (c);
13 and
14 (iii) an assurance that—
15 (I) the eligible entity will consult
16 on the development and implementa-
17 tion of the grant, with direct support
18 workers, their representatives, and re-
19 cipients of direct care services and
20 their families; and
21 (II) the eligible entity will consult
22 on the implementation of the grant, or
23 coordinate the activities of the grant,
24 with the agencies in the State that are
25 responsible for developmental dis-
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1 ability services, aging, education,
2 workforce development, and Medicaid,
3 to the extent that each such entity is
4 not the eligible entity.
5 (2) DURATION OF GRANTS.—A grant awarded
6 under this section shall be for a period of 3 years,
7 and may be renewed. The Secretary, in coordination
8 with the Secretary of Health and Human Services
9 acting through the Administrator of the Administra-
10 tion for Community Living, shall award grants (in-
11 cluding any renewals) under this section in 3-year
12 cycles subject to the limits set forth in subsection
13 (a).
14 (c) USE OF FUNDS.—
15 (1) REQUIRED USE OF FUNDS.—Each eligible
16 entity receiving a grant under subsection (a) shall
17 use the grant funds to provide competitive wages,
18 benefits, and other supportive services, including
19 transportation, child care, dependent care, workplace
20 accommodations, and workplace health and safety
21 protections, to the direct support workers served by
22 the grant that are necessary to enable such workers
23 to participate in the activities supported by the
24 grant.
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1 (2) ADDITIONAL ACTIVITIES.—In addition to
2 the requirement described in paragraph (1), each eli-
3 gible entity receiving a grant under subsection (a)
4 shall use the grant funds for one or more of the fol-
5 lowing activities:
6 (A) Developing and implementing a strat-
7 egy for the recruitment of direct support work-
8 ers.
9 (B) Developing and implementing a strat-
10 egy for the retention of direct support workers
11 using evidence-based best practices, such as
12 providing mentoring to such workers, including
13 a strategy that can also support family care-
14 givers.
15 (C) Developing or implementing an edu-
16 cation and training program for the direct sup-
17 port workers served by the grant, which shall
18 include—
19 (i) education and training on—
20 (I) the rights of direct support
21 workers under applicable Federal,
22 State, or local employment law on—
23 (aa) safe working conditions,
24 including under section 5 of the
25 Occupational Safety and Health
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1 Act of 1970 (29 U.S.C. 654);
2 and
3 (bb) forming, joining, or as-
4 sisting a labor organization, in-
5 cluding under sections 7 and 8 of
6 the National Labor Relations Act
7 (29 U.S.C. 157, 158); and
8 (II) relevant Federal and State
9 laws (including regulations) on the
10 provision of home and community-
11 based services; and
12 (ii) providing a progressively increas-
13 ing, clearly defined schedule of hourly
14 wages to be paid to each direct support
15 worker served by the grant for each hour
16 the worker spends on education or training
17 provided through the program described in
18 this subparagraph, with a schedule of
19 hourly wages that—
20 (I) is consistent with measurable
21 skill gains or attainment of a recog-
22 nized postsecondary credential re-
23 ceived as a result of participation in
24 or completion of such education or
25 training program; and
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1 (II) ensures that each such work-
2 er is compensated for each hour the
3 worker spends on education or train-
4 ing through such program at an entry
5 rate that is not less than the greater
6 of the applicable minimum wage re-
7 quired by other applicable Federal,
8 State, or local law, or a collective bar-
9 gaining agreement;
10 (iii) developing and implementing a
11 strategy for the retention and career ad-
12 vancement of the direct support workers
13 served by the grant, including providing
14 career planning for the direct support
15 workers served by the grant to support the
16 identification of advancement opportuni-
17 ties, and career pathways in the direct care
18 or home care sectors; and
19 (iv) using evidence-based models and
20 standards for achievement for the attain-
21 ment of any associated recognized postsec-
22 ondary credentials, which include—
23 (I) supporting opportunities to
24 participate in pre-apprenticeship or
25 registered apprenticeship programs,
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1 work-based learning, or on-the-job
2 training;
3 (II) providing on-the-job super-
4 vision or mentoring to support the de-
5 velopment of related skills and com-
6 petencies throughout completion of
7 such credentials; and
8 (III) training on the in-demand
9 skills and competencies of direct sup-
10 port workers served by the grant, in-
11 cluding the provision of culturally
12 competent and disability competent
13 supports and services.
14 (d) SUPPLEMENT AND NOT SUPPLANT.—An eligible
15 entity receiving a grant under this section shall use such
16 grant only to supplement, and not supplant, the amount
17 of funds that, in the absence of such grant, would be avail-
18 able to the eligible entity to address the recruitment, edu-
19 cation and training, retention, or career advancement of
20 direct support workers in the State served by the grant.
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1 PART 5—DEPARTMENT OF LABOR INSPECTOR
2 GENERAL AND PROGRAM ADMINISTRATION
3 FUNDING
4 SEC. 22401. DEPARTMENT OF LABOR INSPECTOR GENERAL.
5 In addition to amounts otherwise available, there is
6 appropriated to the Office of Inspector General of the De-
7 partment of Labor for fiscal year 2022, out of any money
8 in the Treasury not otherwise appropriated, $40,000,000,
9 to remain available until expended, for salaries and ex-
10 penses necessary for oversight, investigations, and audits
11 of programs, grants, and projects of the Department of
12 Labor funded under this subtitle and subtitle B of this
13 title.
14 SEC. 22402. PROGRAM ADMINISTRATION.
15 In addition to amounts otherwise available, there is
16 appropriated to the Department of Labor for fiscal year
17 2022, out of any money in the Treasury not otherwise ap-
18 propriated, $90,000,000, to remain available until Sep-
19 tember 30, 2029, for program administration within the
20 Department of Labor for salaries and expenses necessary
21 to implement part 1 (other than section 22007), and parts
22 3 and 4, of this subtitle.
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1 Subtitle D—Child Care and
2 Universal Pre-kindergarten
3 SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY
4 LEARNING ENTITLEMENT.
5 (a) CHILD CARE DEFINITIONS.—The definitions in
6 section 658P of the Child Care and Development Block
7 Grant Act of 1990 (42 U.S.C. 9858n) shall apply to this
8 section, except as provided in subsection (b) and as other-
9 wise specified.
10 (b) ADDITIONAL DEFINITIONS.—In this section:
11 (1) CHILD CARE CERTIFICATE.—
12 (A) IN GENERAL.—The term ‘‘child care
13 certificate’’ means a certificate (that may be a
14 check or other disbursement) that is issued by
15 a State, Tribal, territorial, or local government
16 under this section directly to a parent who shall
17 use such certificate only as payment for child
18 care services or as a deposit for child care serv-
19 ices if such a deposit is required of other chil-
20 dren being cared for by the provider.
21 (B) RULE.—Nothing in this section shall
22 preclude the use of such certificates for sec-
23 tarian child care services if freely chosen by the
24 parent. For the purposes of this section, child
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1 care certificates shall be considered Federal fi-
2 nancial assistance to the provider.
3 (2) CHILD EXPERIENCING HOMELESSNESS.—
4 The term ‘‘child experiencing homelessness’’ means
5 an individual who is a homeless child or youth under
6 section 725 of the McKinney-Vento Homeless Assist-
7 ance Act (42 U.S.C. 11434a).
8 (3) ELIGIBLE ACTIVITY.—The term ‘‘eligible
9 activity’’, with respect to a parent, shall include, at
10 minimum, activities consisting of—
11 (A) full-time or part-time employment;
12 (B) self-employment;
13 (C) job search activities;
14 (D) job training;
15 (E) secondary, postsecondary, or adult
16 education, including education through a pro-
17 gram of high school classes, a course of study
18 at an institution of higher education, classes to-
19 wards an equivalent of a high school diploma
20 recognized by State law, or English as a second
21 language classes;
22 (F) health treatment (including mental
23 health and substance use treatment) for a con-
24 dition that prevents the parent from partici-
25 pating in other eligible activities;
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1 (G) activities to prevent child abuse and
2 neglect, or family violence prevention or inter-
3 vention activities;
4 (H) employment and training activities
5 under the supplemental nutrition assistance
6 program established under section 6(d)(4) the
7 Food and Nutrition Act of 2008 (7 U.S.C.
8 2015(d)(4));
9 (I) employment and training activities
10 under the Workforce Innovation and Oppor-
11 tunity Act;
12 (J) a work activity described in subsection
13 (d) of section 407 of the Social Security Act
14 (42 U.S.C. 607) for which, consistent with
15 clauses (ii) and (iii) of section 402(a)(1)(A) of
16 such Act (42 U.S.C. 602(a)(1)(A)), a parent or
17 caretaker is treated as being engaged in work
18 for a month in a fiscal year for purposes of the
19 program of block grants to States for tem-
20 porary assistance for needy families established
21 under part A of title IV of the Social Security
22 Act; and
23 (K) taking leave under the Family and
24 Medical Leave Act of 1993 (or equivalent provi-
25 sions for Federal employees), a State or local
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1 paid or unpaid leave law, or a program of em-
2 ployer-provided leave.
3 (4) ELIGIBLE CHILD.—
4 (A) IN GENERAL.—The term ‘‘eligible
5 child’’ means an individual, subject to sub-
6 section (g)(1)(C)(i)(III)—
7 (i) who is less than 6 years of age;
8 (ii) who is not yet in kindergarten;
9 (iii) whose family income—
10 (I) does not exceed 100 percent
11 of the State median income for a fam-
12 ily of the same size for fiscal year
13 2022;
14 (II) does not exceed 125 percent
15 of such State median income for fiscal
16 year 2023;
17 (III) does not exceed 150 percent
18 of such State median income for fiscal
19 year 2024; and
20 (IV) does not exceed 250 percent
21 of such State median income for each
22 of the fiscal years 2025 through 2027;
23 and
24 (iv) who—
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1 (I) resides with a parent or par-
2 ents who are participating in an eligi-
3 ble activity;
4 (II) is included in a population of
5 vulnerable children identified by the
6 lead agency involved, which at a min-
7 imum shall include children with dis-
8 abilities, infants and toddlers with dis-
9 abilities, children experiencing home-
10 lessness, children in foster care, chil-
11 dren in kinship care, and children who
12 are receiving, or need to receive, child
13 protective services; or
14 (III) resides with a parent who is
15 more than 65 years of age.
16 (B) EXPANDED ELIGIBILITY RULE FOR
17 FISCAL YEARS 2022 THROUGH 2024.—
18 (i) IN GENERAL.—A child who is eligi-
19 ble to receive services under this subpara-
20 graph shall be treated as an eligible child
21 for the other provisions of this section.
22 (ii) RULE.—Notwithstanding subpara-
23 graph (A)(iii), a State may use the pay-
24 ments under subsection (g)(1) for fiscal
25 year 2022, 2023, or 2024, to provide di-
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1 rect child care services described in sub-
2 section (h)(1)(A) to children who meet the
3 requirements of clauses (i), (ii), and (iv) of
4 subparagraph (A) and whose family income
5 exceeds the percentage specified in sub-
6 paragraph (A)(iii) (but does not exceed
7 250 percent) of State median income for a
8 family of the same size for a given fiscal
9 year, if the State has appropriately
10 prioritized, subject to approval by the Sec-
11 retary, assistance for such services based
12 on family income.
13 (iii) VARIATION IN COST OF LIVING.—
14 In determining eligibility under this sub-
15 paragraph, the State may take into consid-
16 eration geographic variation in the cost of
17 living among regions of the State and ex-
18 pand eligibility for children described in
19 clause (ii) in a region of the State based
20 on such variation, subject to approval by
21 the Secretary.
22 (5) ELIGIBLE CHILD CARE PROVIDER.—
23 (A) IN GENERAL.—The term ‘‘eligible child
24 care provider’’ means a center-based child care
25 provider, a family child care provider, or other
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1 provider of child care services for compensation
2 that—
3 (i) is licensed to provide child care
4 services under State law or, in the case of
5 an Indian Tribe or Tribal organization,
6 meets the rules set by the Secretary;
7 (ii) participates in the State’s tiered
8 system for measuring the quality of eligible
9 child care providers described in subsection
10 (f)(4)(B), or, in the case of an Indian
11 Tribe or Tribal organization, meets the
12 rules set by the Secretary—
13 (I) not later than the last day of
14 the third fiscal year for which the
15 State receives funds under this sec-
16 tion; and
17 (II) for the remainder of the pe-
18 riod for which the provider receives
19 funds under this section; and
20 (iii) satisfies the State and local re-
21 quirements, including those requirements
22 described in section 658E(c)(2)(I) of the
23 Child Care and Development Block Grant
24 Act of 1990 (42 U.S.C. 9858c(c)(2)(I)).
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1 (B) SPECIAL RULE.—A child care provider
2 who is eligible to provide child care services in
3 a State for children receiving assistance under
4 the Child Care and Development Block Grant
5 Act of 1990 on the date the State submits an
6 application for funds under this section, and re-
7 mains in compliance with any licensing or reg-
8 istration standards, or regulations, of the State,
9 shall be deemed to be an eligible child care pro-
10 vider under this section for 3.5 years after the
11 State first receives funding under this section.
12 (6) FMAP.—The term ‘‘FMAP’’ has the mean-
13 ing given the term ‘‘Federal medical assistance per-
14 centage’’ in the first sentence of section 1905(b) of
15 the Social Security Act (42 U.S.C. 1396d(b)).
16 (7) FAMILY CHILD CARE PROVIDER.—The term
17 ‘‘family child care provider’’ means one or more indi-
18 viduals who provide child care services, in a private
19 residence other than the residences of the children
20 involved, for less than 24 hours per day per child,
21 or for 24 hours per day per child due to the nature
22 of the work of the parent involved.
23 (8) INCLUSIVE CARE.—The term ‘‘inclusive’’,
24 with respect to care (including child care), means
25 care provided by an eligible child care provider—
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1 (A) for whom the percentage of children
2 served by the provider who are children with
3 disabilities or infants or toddlers with disabil-
4 ities reflects the prevalence of children with dis-
5 abilities and infants and toddlers with disabil-
6 ities (whichever the provider serves) among chil-
7 dren within the State involved; and
8 (B) that provides care and full participa-
9 tion for children with disabilities and infants
10 and toddlers with disabilities (whichever the
11 provider serves) alongside children who are—
12 (i) not children with disabilities; and
13 (ii) not infants and toddlers with dis-
14 abilities.
15 (9) INFANT OR TODDLER.—The term ‘‘infant
16 or toddler’’ means an individual who is less than 3
17 years of age.
18 (10) INFANT OR TODDLER WITH A DIS-
19 ABILITY.—The term ‘‘infant or toddler with a dis-
20 ability’’ has the meaning given the term in section
21 632 of the Individuals with Disabilities Education
22 Act (20 U.S.C. 1432).
23 (11) LEAD AGENCY.—The term ‘‘lead agency’’
24 means the agency designated under subsection (e).
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1 (12) STATE.—The term ‘‘State’’ means any of
2 the 50 States and the District of Columbia.
3 (13) TERRITORY.—The term ‘‘territory’’ means
4 the Commonwealth of Puerto Rico, the Virgin Is-
5 lands of the United States, Guam, American Samoa,
6 and the Commonwealth of the Northern Mariana Is-
7 lands.
8 (c) APPROPRIATIONS.—
9 (1) STATES.—
10 (A) STATE APPROPRIATIONS.—In addition
11 to amounts otherwise available, there is appro-
12 priated to the Department of Health and
13 Human Services for fiscal year 2022, out of any
14 money in the Treasury not otherwise appro-
15 priated—
16 (i)(I) $11,460,000,000, to remain
17 available until September 30, 2027, for
18 States and the Commonwealth of Puerto
19 Rico, to carry out the activities described
20 in subsection (h)(1)(A) in fiscal year 2022;
21 (II) $5,730,000,000, to remain avail-
22 able until September 30, 2027, for States
23 and the Commonwealth of Puerto Rico, to
24 carry out the activities described in sub-
25 section (h)(1)(B) in fiscal year 2022;
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1 (III) $4,125,600,000, to remain avail-
2 able until September 30, 2027, for States
3 and the Commonwealth of Puerto Rico, to
4 carry out the activities described in sub-
5 paragraph (A) or (B) of subsection (h)(1),
6 as determined by the State or Common-
7 wealth, in fiscal year 2022; and
8 (IV) $1,604,400,000, to remain avail-
9 able until September 30, 2027, for States
10 and the Commonwealth of Puerto Rico, to
11 carry out the activities described in sub-
12 paragraph (A), (B), or (C) of subsection
13 (h)(1), as determined by the State or Com-
14 monwealth, in fiscal year 2022;
15 (ii)(I) $16,235,000,000, to remain
16 available until September 30, 2027, for
17 States and the Commonwealth of Puerto
18 Rico, to carry out the activities described
19 in subsection (h)(1)(A) in fiscal year 2023;
20 (II) $8,117,500,000, to remain avail-
21 able until September 30, 2027, for States
22 and the Commonwealth of Puerto Rico, to
23 carry out the activities described in sub-
24 section (h)(1)(B) in fiscal year 2023;
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1 (III) $5,844,600,000, to remain avail-
2 able until September 30, 2027, for States
3 and the Commonwealth of Puerto Rico, to
4 carry out the activities described in sub-
5 paragraph (A) or (B) of subsection (h)(1),
6 as determined by the State or Common-
7 wealth, in fiscal year 2023; and
8 (IV) $2,272,900,000, to remain avail-
9 able until September 30, 2027, for States
10 and the Commonwealth of Puerto Rico, to
11 carry out the activities described in sub-
12 paragraph (A), (B), or (C) of subsection
13 (h)(1), as determined by the State or Com-
14 monwealth, in fiscal year 2023; and
15 (iii)(I) $20,055,000,000, to remain
16 available until September 30, 2027, for
17 States and the Commonwealth of Puerto
18 Rico, to carry out the activities described
19 in subsection (h)(1)(A) in fiscal year 2024;
20 (II) $10,027,500,000, to remain avail-
21 able until September 30, 2027, for States
22 and the Commonwealth of Puerto Rico, to
23 carry out the activities described in sub-
24 section (h)(1)(B) in fiscal year 2024;
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1 (III) $7,219,800,000, to remain avail-
2 able until September 30, 2027, for States
3 and the Commonwealth of Puerto Rico, to
4 carry out the activities described in sub-
5 paragraph (A) or (B) of subsection (h)(1),
6 as determined by the State or Common-
7 wealth, in fiscal year 2024; and
8 (IV) $2,807,700,000, to remain avail-
9 able until September 30, 2027, for States
10 and the Commonwealth of Puerto Rico, to
11 carry out the activities described in sub-
12 paragraph (A), (B), or (C) of subsection
13 (h)(1), as determined by the State or Com-
14 monwealth, in fiscal year 2024.
15 (B) STATE ENTITLEMENT.—In addition to
16 amounts otherwise available, there is appro-
17 priated to the Department of Health and
18 Human Services, out of any money in the
19 Treasury not otherwise appropriated, such sums
20 as may be necessary for each of fiscal years
21 2025 through 2027, for payments to States, for
22 carrying out this section (other than carrying
23 out activities described in paragraph (4), (5), or
24 (6)).
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1 (2) INDIAN TRIBES AND TRIBAL ORGANIZA-
2 TIONS.—
3 (A) INDIAN TRIBE AND TRIBAL ORGANIZA-
4 TION APPROPRIATIONS.—In addition to
5 amounts otherwise available, there is appro-
6 priated to the Department of Health and
7 Human Services for fiscal year 2022, out of any
8 money in the Treasury not otherwise appro-
9 priated, for grants to Indian Tribes and Tribal
10 organizations for the purpose of carrying out
11 the child care program described in this section
12 (other than carrying out activities described in
13 paragraph (4), (5), or (6)), consistent, to the
14 extent practicable as determined by the Sec-
15 retary, with the requirements applicable to
16 States—
17 (i) $960,000,000, to remain available
18 until September 30, 2027, to carry out the
19 child care program in fiscal year 2022;
20 (ii) $1,360,000,000, to remain avail-
21 able until September 30, 2027, to carry
22 out the child care program in fiscal year
23 2023; and
24 (iii) $1,680,000,000 to remain avail-
25 able until September 30, 2027, to carry
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1 out the child care program in fiscal year
2 2024.
3 (B) INDIAN TRIBE AND TRIBAL ORGANIZA-
4 TION ENTITLEMENT.—In addition to amounts
5 otherwise available, there is appropriated to the
6 Department of Health and Human Services,
7 out of any money in the Treasury not otherwise
8 appropriated, such sums as may be necessary
9 for each of fiscal years 2025 through 2027, for
10 payments to Indian Tribes and Tribal organiza-
11 tions, for the purpose of carrying out the child
12 care program described in this section (other
13 than carrying out activities described in para-
14 graph (4), (5), or (6)), consistent, to the extent
15 practicable as determined by the Secretary,
16 with the requirements applicable to States.
17 (3) TERRITORIES.—
18 (A) TERRITORY APPROPRIATIONS.—In ad-
19 dition to amounts otherwise available, there is
20 appropriated to the Department of Health and
21 Human Services for fiscal year 2022, out of any
22 money in the Treasury not otherwise appro-
23 priated, for grants to Guam, American Samoa,
24 the Commonwealth of the Northern Mariana Is-
25 lands, and the United States Virgin Islands for
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1 the purpose of carrying out the child care pro-
2 gram described in this section (other than car-
3 rying out activities described in paragraph (4),
4 (5), or (6)), consistent, to the extent practicable
5 as determined by the Secretary, with the re-
6 quirements applicable to States—
7 (i) $120,000,000, to remain available
8 until September 30, 2027, to carry out the
9 child care program in fiscal year 2022;
10 (ii) $170,000,000, to remain available
11 until September 30, 2027, to carry out the
12 child care program in fiscal year 2023; and
13 (iii) $210,000,000, to remain available
14 until September 30, 2027, to carry out the
15 child care program in fiscal year 2024.
16 (B) TERRITORY ENTITLEMENT.—In addi-
17 tion to amounts otherwise available, there is ap-
18 propriated to the Department of Health and
19 Human Services, out of any money in the
20 Treasury not otherwise appropriated, such sums
21 as may be necessary for each of fiscal years
22 2025 through 2027, for payments to territories,
23 for the purpose of carrying out the child care
24 program described in this section (other than
25 carrying out activities described in paragraph
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1 (4), (5), or (6)), consistent, to the extent prac-
2 ticable as determined by the Secretary, with the
3 requirements applicable to States.
4 (4) GRANTS TO LOCALITIES.—In addition to
5 amounts otherwise available, there is appropriated to
6 the Department of Health and Human Services for
7 fiscal year 2022, out of any money in the Treasury
8 not otherwise appropriated—
9 (A) $950,000,000, to remain available
10 until September 30, 2027, to carry out the pro-
11 gram of grants to localities described in sub-
12 section (i)(2) in fiscal year 2023;
13 (B) $950,000,000, to remain available
14 until September 30, 2027, to carry out the pro-
15 gram of grants to localities described in sub-
16 section (i)(2) in fiscal year 2024;
17 (C) $950,000,000, to remain available
18 until September 30, 2027, to carry out the pro-
19 gram of grants to localities described in sub-
20 section (i)(2) in fiscal year 2025;
21 (D) $950,000,000, to remain available
22 until September 30, 2027, to carry out the pro-
23 gram of grants to localities described in sub-
24 section (i)(2) in fiscal year 2026; and
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1 (E) $950,000,000, to remain available
2 until September 30, 2027, to carry out the pro-
3 gram of grants to localities described in sub-
4 section (i)(2) in fiscal year 2027.
5 (5) HEAD START EXPANSION IN NONPARTICI-
6 PATING STATES.—In addition to amounts otherwise
7 available, there is appropriated to the Department of
8 Health and Human Services for fiscal year 2022,
9 out of any money in the Treasury not otherwise ap-
10 propriated—
11 (A) $2,850,000,000, to remain available
12 until September 30, 2027, to carry out the pro-
13 gram of awards to Head Start agencies de-
14 scribed in subsection (i)(3) in fiscal year 2023;
15 (B) $2,850,000,000, to remain available
16 until September 30, 2027, to carry out the pro-
17 gram of awards to Head Start agencies de-
18 scribed in subsection (i)(3) in fiscal year 2024;
19 (C) $2,850,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of awards to Head Start agencies de-
22 scribed in subsection (i)(3) in fiscal year 2025;
23 (D) $2,850,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
25 gram of awards to Head Start agencies de-
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1 scribed in subsection (i)(3) in fiscal year 2026;
2 and
3 (E) $2,850,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of awards to Head Start agencies de-
6 scribed in subsection (i)(3) in fiscal year 2027.
7 (6) FEDERAL ADMINISTRATION.—
8 (A) FISCAL YEARS 2022 THROUGH 2025.—
9 In addition to amounts otherwise available,
10 there is appropriated to the Department of
11 Health and Human Services for fiscal year
12 2022, out of any money in the Treasury not
13 otherwise appropriated—
14 (i) $130,000,000, to remain available
15 until September 30, 2027, to carry out
16 subsections (k) and (l) in fiscal year 2022;
17 (ii) $130,000,000, to remain available
18 until September 30, 2027, to carry out
19 subsections (k) and (l) in fiscal year 2023;
20 (iii) $130,000,000, to remain available
21 until September 30, 2027, to carry out
22 subsections (k) and (l) in fiscal year 2024;
23 and
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1 (iv) $130,000,000, to remain available
2 until September 30, 2027, to carry out
3 subsections (k) and (l) in fiscal year 2025.
4 (B) FISCAL YEARS 2026 THROUGH 2027.—
5 In addition to amounts otherwise available,
6 there is appropriated to the Department of
7 Health and Human Services, out of any money
8 in the Treasury not otherwise appropriated, for
9 each of fiscal years 2026 and 2027, an amount
10 equal to 1.06 percent of the prior year’s appro-
11 priation under paragraph (1)(B), to carry out
12 subsections (k) and (l).
13 (d) ESTABLISHMENT OF BIRTH THROUGH FIVE
14 CHILD CARE AND EARLY LEARNING ENTITLEMENT PRO-
15 GRAM.—
16 (1) IN GENERAL.—The Secretary is authorized
17 to administer a child care and early learning entitle-
18 ment program under which an eligible child, in a
19 State, territory, or Indian Tribe, or served by a
20 Tribal organization, with an approved application
21 under subsection (f) or (g), shall be provided an op-
22 portunity to obtain high-quality child care services,
23 subject to the requirements of this section.
24 (2) ASSISTANCE FOR EVERY ELIGIBLE
25 CHILD.—Beginning on October 1, 2024, every child
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1 who applies for assistance under this section, who is
2 in a State with an approved application under sub-
3 section (g), or in a territory or Indian Tribe or
4 served by a Tribal organization with an approved
5 application under subsection (f), and who is deter-
6 mined, by a lead agency (or other entity designated
7 by a lead agency) for the State, territory, Indian
8 Tribe, or Tribal organization involved, following
9 standards and procedures established by the Sec-
10 retary by rule, to be an eligible child, shall be offered
11 assistance for direct child care services in accordance
12 with and subject to the requirements and limitations
13 of this section.
14 (e) LEAD AGENCY.—The Governor of a State or the
15 head of a territory or Indian Tribe, desiring for the State,
16 territory, or Indian tribe or a related tribal organization
17 to receive a payment under this section, shall designate
18 a lead agency (such as a State agency or joint interagency
19 office) to administer the child care program carried out
20 under this section.
21 (f) APPLICATIONS AND STATE PLANS.—
22 (1) APPLICATION.—To be eligible to receive as-
23 sistance under this section, a State shall prepare
24 and submit to the Secretary for approval an applica-
25 tion containing a State plan that—
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1 (A) for a transitional State plan, meets the
2 requirements under paragraph (3) and contains
3 such information as the Secretary may require,
4 to demonstrate the State will meet the require-
5 ments of this section; and
6 (B) for a full State plan, meets the re-
7 quirements under paragraph (4) and contains
8 that information.
9 (2) PERIOD COVERED BY PLAN.—A State plan
10 contained in the application shall be designed to be
11 implemented—
12 (A) for a transitional State plan, during a
13 period of not more than 3 years; and
14 (B) for a full State plan, during a period
15 of not more than 3 years.
16 (3) REQUIREMENTS FOR TRANSITIONAL STATE
17 PLANS.—For a period of not more than 3 years fol-
18 lowing the date of enactment of this Act, the Sec-
19 retary shall award funds under this section to States
20 with an approved application that contains a transi-
21 tional State plan, submitted under paragraph (1)(A)
22 at such time, in such manner, and containing such
23 information as the Secretary shall require, including,
24 at a minimum—
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1 (A) an assurance that the State will sub-
2 mit a State plan under paragraph (4); and
3 (B) a description of how the funds received
4 by the State under this section will be spent to
5 expand access to assistance for direct child care
6 services and increase the supply and quality of
7 child care providers within the State, in align-
8 ment with the requirements of this section.
9 (4) REQUIREMENTS FOR FULL STATE PLANS.—
10 The Secretary shall award funds under this section
11 to States with an approved application that contains
12 a full State plan, submitted under paragraph (1)(B),
13 at such time, in such manner, and containing such
14 information as the Secretary shall by rule require,
15 including, at a minimum, the following:
16 (A) PAYMENT RATES AND COST ESTI-
17 MATION.—
18 (i) PAYMENT RATES.—The State plan
19 shall certify that payment rates for the
20 provision of direct child care services for
21 which assistance is provided in accordance
22 with this section for the period covered by
23 the plan, within 3 years after the State
24 first receives funds under this section—
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1 (I) will be sufficient to meet the
2 cost of child care, and set in accord-
3 ance with a cost estimation model or
4 cost study described in clause (ii) that
5 is approved by the Secretary; and
6 (II) will correspond to differences
7 in quality (including improved quality)
8 based on the State’s tiered system for
9 measuring the quality of eligible child
10 care providers described in subpara-
11 graph (B).
12 (ii) COST ESTIMATION.—Such State
13 plan shall—
14 (I) demonstrate that the State
15 has, after consulting with relevant en-
16 tities and stakeholders, developed and
17 uses a statistically valid and reliable
18 cost estimation model or cost study
19 for the payment rates for direct child
20 care services in the State that reflect
21 rates for providers at each of the tiers
22 of the State’s tiered system for meas-
23 uring the quality of eligible child care
24 providers described in subparagraph
25 (B), and variations in the cost of di-
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1 rect child care services by geographic
2 area, type of provider, and age of
3 child, and the additional costs associ-
4 ated with providing inclusive care;
5 (II) certify that the State’s pay-
6 ment rates for direct child care serv-
7 ices for which assistance is provided
8 in accordance with this section—
9 (aa) are set in accordance
10 with the most recent estimates
11 from the most recent cost esti-
12 mation model or cost study under
13 subclause (I), so that providers
14 at each tier of the tiered system
15 for measuring provider quality
16 described in subparagraph (B)
17 receive a payment that is suffi-
18 cient to meet the requirements of
19 such tier;
20 (bb) are set so as to provide
21 payments to providers not at the
22 top tier of the tiered system that
23 are sufficient to enable the pro-
24 viders to increase quality to meet
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1 the requirements for the next
2 tier;
3 (cc) ensure adequate wages
4 for staff of child care providers
5 providing such direct child care
6 services that—
7 (AA) at a minimum,
8 provide a living wage for all
9 staff of such child care pro-
10 viders; and
11 (BB) are equivalent to
12 wages for elementary edu-
13 cators with similar creden-
14 tials and experience in the
15 State; and
16 (dd) are adjusted on an an-
17 nual basis for cost of living in-
18 creases to ensure those payment
19 rates remain sufficient to meet
20 the requirements of this section;
21 and
22 (III) certify that the State will
23 update, not less often than once every
24 3 years, the cost estimation model or
25 cost study described in subclause (I).
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1 (iii) PAYMENT PRACTICES.—Such
2 State plan shall include an assurance that
3 the State will implement payment practices
4 that support the fixed costs of providing
5 direct child care services.
6 (B) TIERED SYSTEM FOR MEASURING THE
7 QUALITY OF ELIGIBLE CHILD CARE PRO-
8 VIDERS.—Such State plan shall certify that the
9 State has implemented, or assure that the State
10 will implement within 3 years after first receiv-
11 ing funds under this section, a tiered system for
12 measuring the quality of eligible child care pro-
13 viders who provide child care services for which
14 assistance is made available under this section.
15 Such tiered system shall—
16 (i) include a set of standards, for de-
17 termining the tier of quality of a child care
18 provider, that—
19 (I) uses standards for a highest
20 tier that at a minimum are equivalent
21 to Head Start program performance
22 standards described in section
23 641A(a)(1)(B) of the Head Start Act
24 (42 U.S.C. 9836a(a)(1)(B)) or other
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1 equivalent evidence-based standards
2 approved by the Secretary; and
3 (II) includes quality indicators
4 and thresholds that are appropriate
5 for child development in different
6 types of child care provider settings,
7 including child care centers and the
8 settings of family child care providers,
9 and are appropriate for providers
10 serving different age groups (includ-
11 ing mixed age groups) of children;
12 (ii) include a different set of stand-
13 ards that includes indicators, when appro-
14 priate, for care during nontraditional hours
15 of operation; and
16 (iii) provide for sufficient resources
17 and supports for child care providers at
18 tiers lower than the highest tier to facili-
19 tate progression toward meeting higher
20 quality standards.
21 (C) ACHIEVING HIGH QUALITY FOR ALL
22 CHILDREN.—Such State plan shall certify the
23 State has implemented, or will implement with-
24 in 3 years after first receiving funds under this
25 section, policies and financing practices that
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1 will ensure all eligible children can choose to at-
2 tend child care at the highest quality tier within
3 6 years after the date of enactment of this Act.
4 (D) COMPENSATION.—Such plan shall pro-
5 vide a certification that the State has or will
6 have within 3 years after first receiving funds
7 under this section, a wage ladder for staff of el-
8 igible child care providers receiving assistance
9 under this section, including a certification that
10 wages for such staff, at a minimum, will meet
11 the requirements of subparagraph
12 (A)(ii)(II)(cc).
13 (E) SLIDING FEE SCALE FOR COPAY-
14 MENTS.—
15 (i) IN GENERAL.—Except as provided
16 in clause (ii)(I), the State plan shall pro-
17 vide an assurance that the State will for
18 the period covered by the plan use a slid-
19 ing fee scale described in clause (ii) to de-
20 termine a copayment for a family receiving
21 assistance under this section (or, for a
22 family receiving part-time care, a reduced
23 copayment that is the proportionate
24 amount of the full copayment).
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1 (ii) SLIDING FEE SCALE.—A full co-
2 payment described in clause (i) shall use a
3 sliding fee scale that provides that, for a
4 family with a family income—
5 (I) of not more than 75 percent
6 of State median income for a family
7 of the same size, the family shall not
8 pay a copayment, toward the cost of
9 the child care involved for all eligible
10 children in the family;
11 (II) of more than 75 percent but
12 not more than 100 percent of State
13 median income for a family of the
14 same size, the copayment shall be
15 more than 0 but not more than 2 per-
16 cent of that family income, toward
17 such cost for all such children;
18 (III) of more than 100 percent
19 but not more than 125 percent of
20 State median income for a family of
21 the same size, the copayment shall be
22 more than 2 but not more than 4 per-
23 cent of that family income, toward
24 such cost for all such children;
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1 (IV) of more than 125 percent
2 but not more than 150 percent of
3 State median income for a family of
4 the same size, the copayment shall be
5 more than 4 but not more than 7 per-
6 cent of that family income, toward
7 such cost for all such children; and
8 (V) of more than 150 percent but
9 not more than 250 percent of the
10 State median income for a family of
11 the same size, the copayment shall be
12 7 percent of that family income, to-
13 ward such cost for all such children.
14 (F) PROHIBITION ON CHARGING MORE
15 THAN COPAYMENT.—The State plan shall cer-
16 tify that the State will not permit a child care
17 provider receiving financial assistance under
18 this section to charge, for child care for an eli-
19 gible child, more than the total of—
20 (i) the financial assistance provided
21 for the child under this section; and
22 (ii) any applicable copayment pursu-
23 ant to subparagraph (E).
24 (G) ELIGIBILITY.—The State plan shall
25 assure that each child who receives assistance
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1 under this section will be considered to meet all
2 eligibility requirements for such assistance, and
3 will receive such assistance, for not less than 12
4 months unless the child has aged out of the
5 program, and the child’s eligibility determina-
6 tion and redetermination, including any deter-
7 mination based on the State’s definition of eligi-
8 ble activities, shall be implemented in a manner
9 that supports child well-being and reduces bar-
10 riers to enrollment, including continuity of serv-
11 ices.
12 (H) POLICIES TO SUPPORT ACCESS TO
13 CHILD CARE FOR UNDERSERVED POPU-
14 LATIONS.—The State plan shall demonstrate
15 that the State will prioritize increasing access
16 to, and the quality and the supply of, child care
17 in the State for underserved populations, in-
18 cluding at a minimum, low-income children,
19 children in underserved areas, infants and tod-
20 dlers, children with disabilities and infants and
21 toddlers with disabilities, children who are dual
22 language learners, children experiencing home-
23 lessness, children in foster or kinship care, chil-
24 dren who receive care during nontraditional
25 hours, and vulnerable children as defined by the
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1 lead agency pursuant to subsection
2 (b)(4)(A)(iv)(II).
3 (I) POLICIES.—The State plan shall in-
4 clude a certification that the State will apply,
5 under this section, the policies and procedures
6 described in subparagraphs (A), (B), (I), (J),
7 (K)(i), (R), and (U) of section 658E(c)(2) of
8 the Child Care and Development Block Grant
9 Act of 1990 (42 U.S.C. 9858c(c)(2)), and the
10 policies and procedures described in section
11 658H of such Act (42 U.S.C. 9858f), to child
12 care services provided under this section.
13 (J) LICENSING.—The State plan shall
14 demonstrate that the State has consulted or will
15 consult with organizations (including labor or-
16 ganizations) representing child care directors,
17 teachers, or other staff, early childhood edu-
18 cation and development experts, and families to
19 develop, within 2.5 years after first receiving
20 funds under this section, licensing standards
21 appropriate for child care providers and a path-
22 way to such licensure that is available to and
23 appropriate for child care providers in a variety
24 of settings, that will offer providers eligible
25 under the Child Care and Development Block
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1 Grant Act of 1990 a reasonable pathway to be-
2 come eligible providers under this section, and
3 that will assure an adequate supply of child
4 care. Such plan shall describe the timeline the
5 State will use to ensure sufficient time for pro-
6 viders described in subsection (b)(5)(B) to com-
7 ply with such licensing standards in order to re-
8 main eligible providers after 3.5 years after the
9 State first receives funding under this section.
10 (g) PAYMENTS.—
11 (1) PAYMENTS FOR FISCAL YEARS 2022
12 THROUGH 2024.—
13 (A) DEFINITIONS.—For purposes of this
14 paragraph—
15 (i) the term ‘‘State’’ means the 50
16 States, the District of Columbia, and the
17 Commonwealth of Puerto Rico; and
18 (ii) the term ‘‘territory’’ means Guam,
19 American Samoa, the Commonwealth of
20 the Northern Mariana Islands, and the
21 United States Virgin Islands.
22 (B) ALLOTMENTS.—For each of fiscal
23 years 2022 through 2024, the Secretary shall,
24 from the amount appropriated under subsection
25 (c)(1)(A) for such fiscal year, make allotments
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1 to each State with an application approved
2 under subsection (f) in the same manner as the
3 Secretary makes such allotments using the for-
4 mula under section 658O(b) of the Child Care
5 and Development Block Grant Act of 1990 (42
6 U.S.C. 9858m(b)).
7 (C) PAYMENTS.—
8 (i) INDIAN TRIBES AND TRIBAL ORGA-
9 NIZATIONS.—
10 (I) IN GENERAL.—For each of
11 fiscal years 2022 through 2024, from
12 the amount appropriated for Indian
13 Tribes and Tribal organizations under
14 subsection (c)(2)(A), the Secretary
15 shall make payments to Indian Tribes
16 and Tribal organizations with an ap-
17 plication approved under subclause
18 (II), and the Tribes and Tribal orga-
19 nizations shall be entitled to such pay-
20 ments for the purpose of carrying out
21 the child care program described in
22 this section, consistent, to the extent
23 practicable as determined by the Sec-
24 retary, with the requirements applica-
25 ble to States.
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1 (II) APPLICATIONS.—An Indian
2 Tribe or Tribal organization seeking a
3 payment under this clause shall sub-
4 mit an application to the Secretary at
5 such time, in such manner, and con-
6 taining such information as the Sec-
7 retary may specify, including an
8 agreement to provide reports under
9 subsection (j)(7).
10 (III) SPECIAL RULE.—The Sec-
11 retary shall determine eligibility cri-
12 teria for children from Indian tribes
13 who are less than 6 years of age and
14 not yet in kindergarten, which eligi-
15 bility criteria shall not be more strin-
16 gent than the eligibility criteria under
17 subsection (b)(4)(A).
18 (ii) TERRITORIES.—
19 (I) IN GENERAL.—For each of
20 fiscal years 2022 through 2024, from
21 the amount appropriated for terri-
22 tories under subsection (c)(3)(A), the
23 Secretary shall make payments to the
24 territories with an application ap-
25 proved under subclause (II), and the
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1 territories shall be entitled to such
2 payments, for the purpose of carrying
3 out the child care program described
4 in this section, consistent, to the ex-
5 tent practicable as determined by the
6 Secretary, with the requirements ap-
7 plicable to States.
8 (II) APPLICATIONS.—A territory
9 seeking a payment under this clause
10 shall submit an application to the Sec-
11 retary at such time, in such manner,
12 and containing such information as
13 the Secretary may specify, including
14 an agreement to provide reports under
15 subsection (j)(7).
16 (iii) STATES.—For each of fiscal years
17 2022 through 2024, each State that has
18 an application approved under subsection
19 (f) shall be entitled to a payment under
20 this clause in the amount equal to its allot-
21 ment under subparagraph (B) for such fis-
22 cal year.
23 (D) AUTHORITIES.—
24 (i) FISCAL YEARS 2022 THROUGH
25 2024.—Notwithstanding any other provi-
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1 sion of this paragraph, for each of fiscal
2 years 2022 through 2024, the Secretary
3 shall have the authority—
4 (I) to reallot funds that were al-
5 lotted under subparagraph (B) from
6 any State without an approved appli-
7 cation under subsection (f) by the
8 date required by the Secretary, to
9 States with an approved application
10 under that subsection; and
11 (II) to reallot any amounts avail-
12 able for payments under subpara-
13 graph (C) that the Secretary elected
14 to allot for—
15 (aa) an Indian Tribe or
16 Tribal organization without an
17 approved application under sub-
18 paragraph (C)(i)(II) by the date
19 required by the Secretary, to
20 Tribes or Tribal organizations
21 with such an approved applica-
22 tion; and
23 (bb) any territory without
24 an approved application under
25 subparagraph (C)(ii)(II) by the
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1 date required by the Secretary, to
2 territories with such an approved
3 application.
4 (ii) FISCAL YEAR 2025.—Notwith-
5 standing any other provision of this sec-
6 tion, on October 1, 2024, the Secretary
7 shall have the authority to reallot funds
8 from payments made under subparagraph
9 (C) that are unobligated on such date, to
10 any entity without such unobligated funds
11 that is a State with an approved applica-
12 tion under subsection (f), an Indian Tribe
13 or Tribal organization with an approved
14 application under subparagraph (C)(i)(II),
15 or a territory with an approved application
16 under subparagraph (C)(ii)(II), to carry
17 out the purposes of this section.
18 (2) PAYMENTS FOR FISCAL YEARS 2025
19 THROUGH 2027.—
20 (A) IN GENERAL.—For each of fiscal years
21 2025 through 2027:
22 (i) CHILD CARE ASSISTANCE FOR ELI-
23 GIBLE CHILDREN.—
24 (I) IN GENERAL.—The Secretary
25 shall pay to each State with an ap-
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1 proved application under subsection
2 (f), and that State shall be entitled to,
3 an amount for each quarter equal to
4 95.440 percent of expenditures (which
5 shall be the Federal share of such ex-
6 penditures) in the quarter for direct
7 child care services described under
8 subsection (h)(2)(B) for eligible chil-
9 dren.
10 (II) EXCEPTION.—Funds re-
11 served from the total under subsection
12 (h)(2)(C) shall be subject to clause
13 (ii).
14 (III) PROHIBITION.—Activities
15 described in clause (ii) and clause (iii)
16 may not be included in the cost of di-
17 rect child care services described in
18 this clause.
19 (ii) ACTIVITIES TO IMPROVE THE
20 QUALITY AND SUPPLY OF CHILD CARE
21 SERVICES.—The Secretary shall pay to
22 each State with such an approved applica-
23 tion, and that State shall be entitled to, an
24 amount equal to the product of 1.06045
25 and the FMAP of expenditures (which
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1 product shall be the Federal share of such
2 expenditures) to carry out activities to im-
3 prove the quality and supply of child care
4 services under subsection (h)(2)(C) subject
5 to the limit specified in clause (i) of such
6 subsection.
7 (iii) ADMINISTRATION.—The Sec-
8 retary shall pay to each State with such an
9 approved application, and that State shall
10 be entitled to, an amount equal to 53.022
11 percent of expenditures (which shall be the
12 Federal share of such expenditures) for the
13 costs of administration incurred by the
14 State—
15 (I) which shall include costs in-
16 curred by the State in carrying out
17 the child care program established in
18 this section; and
19 (II) which may include, at the
20 option of the State, costs associated
21 with carrying out requirements, poli-
22 cies, and procedures described in sec-
23 tion 658H of the Child Care and De-
24 velopment Block Grant Act of 1990
25 (42 U.S.C. 9858f).
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1 (B) ADVANCE PAYMENT; RETROSPECTIVE
2 ADJUSTMENT.—For each of fiscal years 2025
3 through 2027, the Secretary shall make pay-
4 ments under this paragraph for a period on the
5 basis of advance estimates of expenditures sub-
6 mitted by the State and such other investiga-
7 tion as the Secretary may find necessary, and
8 shall reduce or increase the payments as nec-
9 essary to adjust for any overpayment or under-
10 payment for previous periods. No interest shall
11 be charged or paid on any amount due because
12 of an overpayment or underpayment for pre-
13 vious periods.
14 (C) TERRITORIES AND TRIBES.—For each
15 of fiscal years 2025 through 2027, from the
16 amounts appropriated under paragraph (2)(B)
17 or (3)(B) of subsection (c) the Secretary shall
18 make payments to territories, and Indian
19 Tribes and Tribal organizations, as the case
20 may be, with applications submitted as de-
21 scribed in paragraph (1), and approved by the
22 Secretary for the purpose of carrying out the
23 child care program described in this section,
24 consistent, to the extent practicable as deter-
25 mined by the Secretary (subject to subsection
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1 (d)(2)), with the requirements applicable to
2 States. The Secretary shall make the payments
3 to such territories, Indian Tribes, and Tribal
4 organizations on the basis of their relative need.
5 Each entity that is such a territory, Indian
6 Tribe, or Tribal organization shall be entitled to
7 such a payment as may be necessary to carry
8 out the activities described in subsection (h)(2),
9 and to pay for the costs of administration in-
10 curred by the entity, which shall include costs
11 incurred by the entity in carrying out the child
12 care program, and which may include, at the
13 option of the entity, costs associated with car-
14 rying out requirements, policies, and procedures
15 described in section 658H of the Child Care
16 and Development Block Grant Act of 1990.
17 (h) USE OF FUNDS.—
18 (1) USE OF FUNDS FOR FISCAL YEARS 2022
19 THROUGH 2024.—For each of fiscal years 2022
20 through 2024, a State (as defined in subsection
21 (g)(1)) that receives a payment under subsection
22 (g)(1) shall use such payment for—
23 (A) assistance for direct child care serv-
24 ices, which shall consist only of—
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1 (i) assistance for direct child care
2 services for eligible children through grants
3 and contracts, and child care certificates;
4 (ii) increasing child care provider pay-
5 ment rates to support the cost of providing
6 high-quality direct child care services, in-
7 cluding rates sufficient to support in-
8 creased wages for staff of eligible child
9 care providers; and
10 (iii) waiving or reducing copayments,
11 to ensure that the families of children re-
12 ceiving assistance under this section do not
13 pay more than 7 percent of family income
14 toward the cost of the child care involved
15 for all eligible children in the family;
16 (B) activities described in paragraph
17 (2)(C), without regard to the requirement in
18 clause (i)(I) of such paragraph or to the ref-
19 erences to a quality child care amount in such
20 paragraph; and
21 (C) costs of administration incurred by the
22 State, which shall include the costs described in
23 subclause (I) of subsection (g)(2)(A)(iii) and
24 may, at the option of the State, include the
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1 costs described in subclause (II) of such sub-
2 section.
3 (2) USE OF FUNDS FOR FISCAL YEARS 2025
4 THROUGH 2027.—
5 (A) IN GENERAL.—Starting on October 1,
6 2024, a State shall use amounts provided to the
7 State under subsection (g)(2) for direct child
8 care services (provided on a sliding fee scale
9 basis), activities to improve the quality and sup-
10 ply of child care services consistent with para-
11 graph (C), and State administration consistent
12 with subsection (g)(2)(A)(iii).
13 (B) CHILD CARE ASSISTANCE FOR ELIGI-
14 BLE CHILDREN.—
15 (i) IN GENERAL.—For each of fiscal
16 years 2025 through 2027, from payments
17 made to the State under subsection (g)(2)
18 for that particular fiscal year, the State
19 shall ensure that parents of eligible chil-
20 dren can access direct child care services
21 provided by an eligible child care provider
22 under this section through a grant or con-
23 tract as described in clause (ii) or a certifi-
24 cate as described in clause (iii).
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1 (ii) GRANTS AND CONTRACTS.—The
2 State shall award grants or contracts to el-
3 igible child care providers, consistent with
4 the requirements under this section, for
5 the provision of child care services for eli-
6 gible children under this section that, at a
7 minimum—
8 (I) support providers’ operating
9 expenses to meet and sustain health,
10 safety, quality, and wage standards
11 required under this section; and
12 (II) address underserved popu-
13 lations described in subsection
14 (f)(4)(H).
15 (iii) CERTIFICATES.—The State shall
16 issue a child care certificate directly to a
17 parent who shall use such certificate only
18 as payment for direct child care services or
19 as a deposit for direct child care services if
20 such a deposit is required of other children
21 being cared for by the provider, consistent
22 with the requirements under this section.
23 (C) ACTIVITIES TO IMPROVE THE QUALITY
24 AND SUPPLY OF CHILD CARE SERVICES.—
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1 (i) QUALITY CHILD CARE ACTIVI-
2 TIES.—
3 (I) AMOUNT.—For each of fiscal
4 years 2025 through 2027, from the
5 total of the payments made to the
6 State for a particular fiscal year, the
7 State shall reserve and use a quality
8 child care amount equal to not less
9 than 5 percent and not more than 10
10 percent of the amount made available
11 to the State through such payments
12 for the previous fiscal year.
13 (II) USE OF QUALITY CHILD
14 CARE AMOUNT.—Each State shall use
15 the quality child care amount de-
16 scribed in subclause (I) to implement
17 activities described in this subpara-
18 graph to improve the quality and sup-
19 ply of child care services by eligible
20 child care providers, and increase the
21 number of available slots in the State
22 for child care services funded under
23 this section, prioritizing assistance for
24 child care providers who are in under-
25 served communities and who are pro-
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1 viding, or are seeking to provide, child
2 care services for underserved popu-
3 lations identified in subsection
4 (f)(4)(H).
5 (III) ADMINISTRATION.—Activi-
6 ties funded under this subparagraph
7 may be administered—
8 (aa) directly by the lead
9 agency; or
10 (bb) through other State
11 government agencies, local or re-
12 gional child care resource and re-
13 ferral organizations, community
14 development financial institu-
15 tions, other intermediaries with
16 experience supporting child care
17 providers, or other appropriate
18 entities that enter into a contract
19 with the State to provide such
20 assistance.
21 (ii) QUALITY AND SUPPLY ACTIVI-
22 TIES.—Activities funded under the quality
23 child care amount described in clause (i)
24 shall include each of the following:
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1 (I) STARTUP GRANTS AND SUP-
2 PLY EXPANSION GRANTS.—
3 (aa) IN GENERAL.—From a
4 portion of the quality child care
5 amount, a State shall make start-
6 up and supply expansion grants
7 to support child care providers
8 who are providing, or seeking to
9 provide, child care services to
10 children receiving assistance
11 under this section, with priority
12 for providers providing or seeking
13 to provide child care in under-
14 served communities and for un-
15 derserved populations identified
16 in subsection (f)(4)(H), to—
17 (AA) support startup
18 and expansion costs; and
19 (BB) assist such pro-
20 viders in meeting health and
21 safety requirements, achiev-
22 ing licensure, and meeting
23 requirements in the State’s
24 tiered system for measuring
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1 the quality of eligible child
2 care providers.
3 (bb) REQUIREMENT.—As a
4 condition of receiving a startup
5 or supply expansion grant under
6 this subclause, a child care pro-
7 vider shall commit to meeting the
8 requirements of an eligible pro-
9 vider under this section, and pro-
10 viding child care services to chil-
11 dren receiving assistance under
12 this section on an ongoing basis.
13 (II) QUALITY GRANTS.—From a
14 portion of the quality child care
15 amount, a State shall provide quality
16 grants to support eligible child care
17 providers in providing child care serv-
18 ices to children receiving assistance
19 under this section to improve the
20 quality of such providers, including—
21 (aa) supporting such pro-
22 viders in meeting or making
23 progress toward the requirements
24 for the highest tier of the State’s
25 tiered system for measuring the
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1 quality of eligible child care pro-
2 viders under subsection (f)(4)(B);
3 and
4 (bb) supporting such pro-
5 viders in sustaining child care
6 quality, including supporting in-
7 creased wages for staff and sup-
8 porting payment of fixed costs.
9 (III) FACILITIES GRANTS.—
10 (aa) IN GENERAL.—From a
11 portion of the quality child care
12 amount, a State shall provide
13 support, including through
14 awarding facilities grants, for re-
15 modeling, renovation, or repair of
16 a building or facility to the ex-
17 tent permitted under section
18 658F(b) of the Child Care and
19 Development Block Grant Act of
20 1990 (42 U.S.C. 9858).
21 (bb) ADDITIONAL USES.—
22 For fiscal years 2022 through
23 2024, and in subsequent years
24 with approval from the Secretary,
25 a State may award such facilities
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1 grants for construction, perma-
2 nent improvement, or major ren-
3 ovation of a building or facility
4 primarily used for providing di-
5 rect child care services, in ac-
6 cordance with the following:
7 (AA) Federal interest
8 provisions will not apply to
9 the renovation or rebuilding
10 of privately-owned family
11 child care homes under this
12 subclause.
13 (BB) Eligible child care
14 providers may not use funds
15 for buildings or facilities
16 that are used primarily for
17 sectarian instruction or reli-
18 gious worship.
19 (CC) The Secretary
20 shall develop parameters on
21 the use of funds under this
22 subclause for family child
23 care homes.
24 (DD) The Secretary
25 shall not retain Federal in-
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1 terest after a period of 10
2 years in any facility built,
3 renovated, or repaired with
4 funds awarded under this
5 subclause.
6 (IV) LIMITATION.—For purposes
7 of subclause (III), the Secretary shall
8 not—
9 (aa) enter into any agree-
10 ment related to funds for activi-
11 ties carried out under subclause
12 (III)—
13 (AA) that is for a term
14 extending beyond September
15 30, 2031; and
16 (BB) under which any
17 payment could be outlaid
18 after September 30, 2031;
19 or
20 (bb) use any other funds
21 available to the Secretary, other
22 than funds provided under this
23 section, to satisfy obligations ini-
24 tially made for activities carried
25 out under subclause (III).
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1 (V) STATE ACTIVITIES TO IM-
2 PROVE THE QUALITY OF CHILD CARE
3 SERVICES.—A State shall use a por-
4 tion of the quality child care amount
5 to improve the quality of child care
6 services available for this program,
7 which shall include—
8 (aa) supporting the training
9 and professional development of
10 the early childhood workforce, in-
11 cluding supporting degree attain-
12 ment and credentialing for early
13 childhood educators;
14 (bb) developing, imple-
15 menting, or enhancing the
16 State’s tiered system for meas-
17 uring the quality of eligible child
18 care providers under subsection
19 (f)(4)(B);
20 (cc) improving the supply
21 and quality of developmentally
22 appropriate and inclusive child
23 care programs and services for
24 underserved populations de-
25 scribed in subsection (f)(4)(H);
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1 (dd) improving access to
2 child care services for vulnerable
3 children as defined by the lead
4 agency pursuant to subsection
5 (b)(4)(A)(iv)(II); and
6 (ee) providing outreach and
7 enrollment support for families of
8 eligible children.
9 (VI) TECHNICAL ASSISTANCE.—
10 From a portion of the quality child
11 care amount, the State shall provide
12 technical assistance to increase the
13 supply and quality of eligible child
14 care providers who are providing, or
15 seeking to provide, child care services
16 to children receiving assistance under
17 this section, including providing sup-
18 port to enable providers to achieve li-
19 censure.
20 (i) GRANTS TO LOCALITIES AND AWARDS TO HEAD
21 START PROGRAMS.—
22 (1) ELIGIBLE LOCALITY DEFINED.—In this
23 subsection, the term ‘‘eligible locality’’ means a city,
24 county, or other unit of general local government.
25 (2) GRANTS TO LOCALITIES.—
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1 (A) IN GENERAL.—The Secretary shall use
2 funds appropriated under subsection (c)(4) to
3 award local Birth Through Five Child Care and
4 Early Learning Grants, in accordance with
5 rules established by the Secretary, to eligible lo-
6 calities located in States that have not received
7 payments under subsection (g). The Secretary
8 shall award the grants to eligible localities in
9 such a State from the allotment made for that
10 State under subparagraph (B).
11 (B) ALLOTMENTS.—
12 (i) POVERTY LINE DEFINED.—In this
13 subparagraph, the term ‘‘poverty line’’
14 means the poverty line defined and revised
15 as described in section 673 of the Commu-
16 nity Services Block Grant Act (42 U.S.C.
17 9902).
18 (ii) GENERAL AUTHORITY.—For each
19 State described in subparagraph (A), the
20 Secretary shall allot for the State for a fis-
21 cal year an amount that bears the same re-
22 lationship to the funds appropriated under
23 subsection (c)(4) for the fiscal year as the
24 number of children from families with fam-
25 ily incomes that are below 200 percent of
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1 the poverty line, and who are under the
2 age of 6, in the State bears to the total
3 number of all such children in all States
4 described in subparagraph (A).
5 (C) APPLICATION.—To receive a grant
6 from the corresponding State allotment under
7 subparagraph (B), an eligible locality shall sub-
8 mit an application to the Secretary at such
9 time, in such manner, and containing such in-
10 formation as the Secretary may require. The re-
11 quirements for the application shall, to the
12 greatest extent practicable, be consistent with
13 the State plan requirements applicable to States
14 under subsection (f).
15 (D) REQUIREMENTS.—The Secretary shall
16 specify the requirements for an eligible locality
17 to provide access to child care, which child care
18 requirements shall, to the greatest extent prac-
19 ticable, be consistent with the requirements ap-
20 plicable to States under this section.
21 (E) RECOUPMENT OF UNUSED FUNDS.—
22 Notwithstanding any other provision of this sec-
23 tion, for each of fiscal years 2023 through
24 2027, the Secretary shall have the authority to
25 recoup any unused funds allotted under sub-
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1 paragraph (B) for awards under paragraph
2 (3)(A) to Head Start agencies in accordance
3 with paragraph (3).
4 (3) HEAD START EXPANSION IN NONPARTICI-
5 PATING STATES.—
6 (A) IN GENERAL.—The Secretary shall use
7 funds appropriated under subsection (c)(5) or
8 recouped under paragraph (2) to make awards
9 to Head Start agencies in a State described in
10 paragraph (2)(A) to carry out the purposes of
11 the Head Start Act in such State.
12 (B) RULE.—For purposes of carrying out
13 the Head Start Act in circumstances not involv-
14 ing awards under this paragraph, funds award-
15 ed under subparagraph (A) shall not be in-
16 cluded in the calculation of a ‘‘base grant’’ as
17 such term is defined in section 640(a)(7)(A) of
18 the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
19 (C) DEFINITION.—In this paragraph, the
20 term ‘‘Head Start agency’’ means an entity des-
21 ignated or eligible to be designated as a Head
22 Start agency under section 641(a)(1) of the
23 Head Start Act or as an Early Head Start
24 agency (by receiving a grant) under section
25 645A(a) of such Act.
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1 (4) PRIORITY FOR SERVING UNDERSERVED
2 POPULATIONS.—In making determinations to award
3 a grant or make an award under this subsection, the
4 Secretary shall give priority to entities serving a
5 high percentage of individuals from underserved
6 populations described in subsection (f)(4)(H).
7 (j) PROGRAM REQUIREMENTS.—
8 (1) NONDISCRIMINATION.—The following provi-
9 sions of law shall apply to any program or activity
10 that receives funds provided under this section:
11 (A) Title IX of the Education Amendments
12 of 1972.
13 (B) Title VI of the Civil Rights Act of
14 1964.
15 (C) Section 504 of the Rehabilitation Act
16 of 1973.
17 (D) The Americans with Disabilities Act of
18 1990.
19 (E) Section 654 of the Head Start Act.
20 (2) PROHIBITION ON ADDITIONAL ELIGIBILITY
21 REQUIREMENTS.—No individual shall be determined,
22 by the Secretary, a State, or another recipient of
23 funds under this section, to be ineligible for child
24 care services provided under this section, except on
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1 the basis of eligibility requirements specified in or
2 under this section.
3 (3) MAINTENANCE OF EFFORT.—
4 (A) IN GENERAL.—A State that receives
5 payments under this section for a fiscal year, in
6 using the funds made available through the
7 payments, shall maintain the expenditures of
8 the State for child care services at the average
9 level of such expenditures by the State for the
10 3 preceding fiscal years.
11 (B) COUNTING RULE.—State expenditures
12 counted for purposes of meeting the require-
13 ment in subparagraph (A) may also be counted
14 for purposes of meeting the requirement to pro-
15 vide a non-Federal share under clause (i), (ii),
16 or (iii), as appropriate, of subsection (g)(2)(A).
17 (4) SUPPLEMENT NOT SUPPLANT.—Funds re-
18 ceived under this section shall be used to supplement
19 and not supplant other Federal, State, and local
20 public funds expended to provide child care services
21 in the State on the date of enactment of this Act,
22 calculated as the average amount of such Federal,
23 State, and local public funds expended for fiscal
24 years 2019, 2020, and 2021.
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1 (5) ALLOWABLE SOURCES OF NON-FEDERAL
2 SHARE.—For purposes of providing the non-Federal
3 share required under subsection (g)(2), a State’s
4 non-Federal share—
5 (A) for direct child care services described
6 in subsection (g)(2)(A)(i)—
7 (i) shall not include contributions
8 being used as a non-Federal share or
9 match for another Federal award; and
10 (ii) shall be provided from State or
11 local sources, contributions from philan-
12 thropy or other private organizations, or a
13 combination of such sources and contribu-
14 tions; and
15 (B) for activities to improve the quality
16 and supply of child care services described in
17 subsection (g)(2)(A)(ii), and administration de-
18 scribed in subsection (g)(2)(A)(iii)—
19 (i) shall not include contributions
20 being used as a non-Federal share or
21 match for another Federal award;
22 (ii) shall be provided from State or
23 local sources, contributions from philan-
24 thropy or other private organizations, or a
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1 combination of such sources and contribu-
2 tions; and
3 (iii) may be in cash or in kind, fairly
4 evaluated, including facilities or property,
5 equipment, or services.
6 (6) INFORMATION FOR DETERMINATIONS.—For
7 purposes of determinations of participation in an eli-
8 gible activity, the provision of information for such
9 determinations by Federal agencies other than the
10 Department of Health and Human Services shall not
11 be required.
12 (7) REPORTS.—A State, Indian Tribe, Tribal
13 organization, or territory receiving funds under this
14 section shall provide to the Secretary such periodic
15 reports, providing a detailed accounting of the uses
16 of the funds received under this section, as the Sec-
17 retary may require for the administration of this
18 section. The State, Indian Tribe, Tribal organiza-
19 tion, or territory shall begin to provide the reports
20 beginning not later than 60 days after its initial re-
21 ceipt of a payment under subsection (g)(1).
22 (k) MONITORING AND ENFORCEMENT.—
23 (1) REVIEW OF COMPLIANCE WITH REQUIRE-
24 MENTS AND STATE PLAN.—The Secretary shall re-
25 view and monitor compliance of States, territories,
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1 Tribal entities, and local entities with this section
2 and State compliance with the plan described in sub-
3 section (f)(4).
4 (2) ISSUANCE OF RULE.—The Secretary shall
5 establish by rule procedures for—
6 (A) receiving, processing, and determining
7 the validity of complaints or findings concerning
8 any failure of a State to comply with the State
9 plan or any other requirement of this section;
10 (B) notifying a State when the Secretary
11 has determined there has been a failure by the
12 State to comply with a requirement of this sec-
13 tion; and
14 (C) imposing sanctions under this sub-
15 section for such a failure.
16 (l) FEDERAL ADMINISTRATION.—Using funds re-
17 served under subsection (c)(6), the Secretary shall carry
18 out administration of this section, shall provide (including
19 through the use of grants or cooperative agreements) tech-
20 nical assistance to States, territories, Indian Tribes, and
21 Tribal organizations, and shall carry out research, and
22 evaluations related to this section.
23 (m) TRANSITION PROVISIONS.—
24 (1) TREATMENT OF CHILD CARE AND DEVEL-
25 OPMENT BLOCK GRANT FUNDS.—For each of fiscal
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1 years 2025, 2026, and 2027, a State receiving as-
2 sistance under this section shall not use more than
3 10 percent of any funds received under the Child
4 Care and Development Block Grant Act of 1990 to
5 provide assistance for direct child care services to
6 children who are under the age of 6, are not yet in
7 kindergarten, and are eligible under that Act.
8 (2) SPECIAL RULES REGARDING ELIGIBILITY.—
9 Any child who is less than 6 years of age, is not yet
10 in kindergarten, and is receiving assistance under
11 the Child Care and Development Block Grant Act of
12 1990 on the date funding is first allocated to the
13 lead agency for the State, territory, Indian Tribe, or
14 Tribal organization involved under this section—
15 (A) shall be deemed immediately eligible to
16 receive assistance under this section; and
17 (B) may continue to use the child care pro-
18 vider of the family’s choice.
19 (3) TRANSITION PROCEDURES.—The Secretary
20 is authorized to institute procedures for imple-
21 menting this section, including issuing guidance for
22 States receiving funds under subsection (g)(1).
23 SEC. 23002. UNIVERSAL PRESCHOOL.
24 (a) DEFINITIONS.—In this section:
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1 (1) CHILD EXPERIENCING HOMELESSNESS.—
2 The term ‘‘child experiencing homelessness’’ means
3 an individual who is a homeless child or youth under
4 section 725 of the McKinney-Vento Homeless Assist-
5 ance Act (42 U.S.C. 11434a).
6 (2) CHILD WITH A DISABILITY.—The term
7 ‘‘child with a disability’’ has the meaning given the
8 term in section 602 of the Individuals with Disabil-
9 ities Education Act (20 U.S.C. 1401).
10 (3) COMPREHENSIVE SERVICES.—The term
11 ‘‘comprehensive services’’ means services that are
12 provided to low-income children and their families,
13 and that are health, educational, nutritional, social,
14 and other services that are determined, based on
15 family needs assessments, to be necessary, within
16 the meaning of section 636 of the Head Start Act
17 (42 U.S.C. 9831).
18 (4) DUAL LANGUAGE LEARNER.—The term
19 ‘‘dual language learner’’ means a child who is learn-
20 ing 2 or more languages at the same time, or a child
21 who is learning a second language while continuing
22 to develop the child’s first language.
23 (5) ELIGIBLE CHILD.—The term ‘‘eligible
24 child’’ means a child who is age 3 or 4, on the date
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1 established by the applicable local educational agen-
2 cy for kindergarten entry.
3 (6) ELIGIBLE PROVIDER.—The term ‘‘eligible
4 provider’’ means—
5 (A) a local educational agency, acting
6 alone or in a consortium or in collaboration
7 with an educational service agency (as defined
8 in section 8101 of the Elementary and Sec-
9 ondary Education Act of 1965 (20 U.S.C.
10 7801)), that is licensed by the State or meets
11 comparable health and safety standards;
12 (B) a Head Start agency or delegate agen-
13 cy funded under the Head Start Act;
14 (C) a licensed center-based child care pro-
15 vider, licensed family child care provider, or
16 community– or neighborhood–based network of
17 licensed family child care providers; or
18 (D) a consortium of entities described in
19 any of subparagraphs (A), (B), and (C).
20 (7) HEAD START AGENCY.—The term ‘‘Head
21 Start agency’’, as used in paragraph (6)(B), or sub-
22 section (c)(5)(D) or (f)(1), means an entity des-
23 ignated as a Head Start agency under section
24 641(a)(1) of the Head Start Act or as an Early
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1 Head Start agency (by receiving a grant) under sec-
2 tion 645A(a) of such Act.
3 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
4 has the meaning given the term in section 4 of the
5 Indian Self-Determination and Education Assistance
6 Act (25 U.S.C. 5304).
7 (9) LOCAL EDUCATIONAL AGENCY.—The term
8 ‘‘local educational agency’’ has the meaning given
9 the term in section 8101 of the Elementary and Sec-
10 ondary Education Act of 1965 (20 U.S.C. 7801).
11 (10) POVERTY LINE.—The term ‘‘poverty line’’
12 means the poverty line defined and revised as de-
13 scribed in section 673 of the Community Services
14 Block Grant Act (42 U.S.C. 9902).
15 (11) SECRETARY.—The term ‘‘Secretary’’
16 means the Secretary of Health and Human Services.
17 (12) STATE.—The term ‘‘State’’ means each of
18 the several States and the District of Columbia.
19 (13) TERRITORY.—The term ‘‘territory’’ means
20 each of the Commonwealth of Puerto Rico, the
21 United States Virgin Islands, Guam, American
22 Samoa, and the Commonwealth of the Northern
23 Mariana Islands.
24 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib-
25 al organization’’ has the meaning given the term
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1 ‘‘tribal organization’’ in section 658P of the Child
2 Care and Development Block Grant Act of 1990 (42
3 U.S.C. 9858n).
4 (b) UNIVERSAL PRESCHOOL.—
5 (1) APPROPRIATIONS FOR STATES.—
6 (A) IN GENERAL.—In addition to amounts
7 otherwise available, there is appropriated to the
8 Department of Health and Human Services for
9 fiscal year 2022, out of any money in the
10 Treasury not otherwise appropriated—
11 (i) $4,000,000,000, to remain avail-
12 able until September 30, 2027, for pay-
13 ments to States, for carrying out this sec-
14 tion (except provisions and activities cov-
15 ered by paragraph (2)) in fiscal year 2022;
16 (ii) $6,000,000,000, to remain avail-
17 able until September 30, 2027, for pay-
18 ments to States, for carrying out this sec-
19 tion (except provisions and activities cov-
20 ered by paragraph (2)) in fiscal year 2023;
21 and
22 (iii) $8,000,000,000, to remain avail-
23 able until September 30, 2027, for pay-
24 ments to States, for carrying out this sec-
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1 tion (except provisions and activities cov-
2 ered by paragraph (2)) in fiscal year 2024.
3 (B) ADDITIONAL APPROPRIATIONS.—In
4 addition to amounts otherwise available, there
5 is appropriated to the Department of Health
6 and Human Services, out of any money in the
7 Treasury not otherwise appropriated, such sums
8 as may be necessary for each of fiscal years
9 2025 through 2027, to remain available for 1
10 additional fiscal year, for payments to States,
11 for carrying out this section (except provisions
12 and activities covered by paragraph (2)).
13 (2) ADDITIONAL APPROPRIATIONS.—In addition
14 to amounts otherwise available, there is appropriated
15 to the Department of Health and Human Services
16 for fiscal year 2022, out of any money in the Treas-
17 ury not otherwise appropriated—
18 (A) $2,500,000,000, to remain available
19 until September 30, 2027, for carrying out pay-
20 ments to Indian Tribes and Tribal organiza-
21 tions for activities described in this section;
22 (B) $1,000,000,000, to remain available
23 until September 30, 2027, for carrying out pay-
24 ments to the territories, to be distributed
25 among the territories on the basis of their rel-
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1 ative need, as determined by the Secretary in
2 accordance with the objectives of this section,
3 for activities described in this section;
4 (C) $300,000,000, to remain available
5 until September 30, 2027, for carrying out pay-
6 ments to eligible local entities that serve chil-
7 dren in families who are engaged in migrant or
8 seasonal agricultural labor, for activities de-
9 scribed in this section;
10 (D)(i) $165,000,000, to remain available
11 until September 30, 2027, for carrying out
12 Federal activities to support the activities fund-
13 ed under this section, including administration,
14 monitoring, technical assistance, and research,
15 in fiscal year 2022;
16 (ii) $200,000,000 to remain available until
17 September 30, 2027, for carrying out Federal
18 activities to support the activities funded under
19 this section, including administration, moni-
20 toring, technical assistance, and research, in fis-
21 cal year 2023;
22 (iii) $200,000,000, to remain available
23 until September 30, 2027, for carrying out
24 Federal activities to support the activities fund-
25 ed under this section, including administration,
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1 monitoring, technical assistance, and research,
2 in fiscal year 2024;
3 (iv) $208,000,000, to remain available
4 until September 30, 2027, for carrying out
5 Federal activities to support the activities fund-
6 ed under this section, including administration,
7 monitoring, technical assistance, and research,
8 in fiscal year 2025;
9 (v) $212,000,000, to remain available until
10 September 30, 2027, for carrying out Federal
11 activities to support the activities funded under
12 this section, including administration, moni-
13 toring, technical assistance, and research, in fis-
14 cal year 2026; and
15 (vi) $216,000,000, to remain available
16 until September 30, 2027, for carrying out
17 Federal activities to support the activities fund-
18 ed under this section, including administration,
19 monitoring, technical assistance, and research,
20 in fiscal year 2027;
21 (E)(i) $2,500,000,000, to remain available
22 until September 30, 2027, to improve com-
23 pensation of Head Start staff consistent with
24 subparagraphs (A)(i) and (B)(viii) of section
25 640(a)(5) of the Head Start Act (42 U.S.C.
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1 9835(a)(5)), notwithstanding section 653(a) of
2 such Act (42 U.S.C. 9848(a)), in fiscal year
3 2022;
4 (ii) $2,500,000,000, to remain available
5 until September 30, 2027, to improve com-
6 pensation of Head Start staff consistent with
7 subparagraphs (A)(i) and (B)(viii) of section
8 640(a)(5) of the Head Start Act (42 U.S.C.
9 9835(a)(5)), notwithstanding section 653(a) of
10 such Act (42 U.S.C. 9848(a)), in fiscal year
11 2023;
12 (iii) $2,500,000,000, to remain available
13 until September 30, 2027, to improve com-
14 pensation of Head Start staff consistent with
15 subparagraphs (A)(i) and (B)(viii) of section
16 640(a)(5) of the Head Start Act (42 U.S.C.
17 9835(a)(5)), notwithstanding section 653(a) of
18 such Act (42 U.S.C. 9848(a)), in fiscal year
19 2024;
20 (iv) $2,500,000,000, to remain available
21 until September 30, 2027, to improve com-
22 pensation of Head Start staff consistent with
23 subparagraphs (A)(i) and (B)(viii) of section
24 640(a)(5) of the Head Start Act (42 U.S.C.
25 9835(a)(5)), notwithstanding section 653(a) of
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1 such Act (42 U.S.C. 9848(a)), in fiscal year
2 2025;
3 (v) $2,500,000,000, to remain available
4 until September 30, 2027, to improve com-
5 pensation of Head Start staff consistent with
6 subparagraphs (A)(i) and (B)(viii) of section
7 640(a)(5) of the Head Start Act (42 U.S.C.
8 9835(a)(5)), notwithstanding section 653(a) of
9 such Act (42 U.S.C. 9848(a)), in fiscal year
10 2026; and
11 (vi) $2,500,000,000, to remain available
12 until September 30, 2027, to improve com-
13 pensation of Head Start staff consistent with
14 subparagraphs (A)(i) and (B)(viii) of section
15 640(a)(5) of the Head Start Act (42 U.S.C.
16 9835(a)(5)), notwithstanding section 653(a) of
17 such Act (42 U.S.C. 9848(a)), in fiscal year
18 2027;
19 (F)(i) $1,900,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of grants to localities described in sub-
22 section (f)(2) in fiscal year 2023;
23 (ii) $1,900,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of grants to localities described in sub-
2 section (f)(2) in fiscal year 2024;
3 (iii) $1,900,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of grants to localities described in sub-
6 section (f)(2) in fiscal year 2025;
7 (iv) $1,900,000,000, to remain available
8 until September 30, 2027, to carry out the pro-
9 gram of grants to localities described in sub-
10 section (f)(2) in fiscal year 2026; and
11 (v) $1,900,000,000, to remain available
12 until September 30, 2027, to carry out the pro-
13 gram of grants to localities described in sub-
14 section (f)(2) in fiscal year 2027; and
15 (G)(i) $1,900,000,000, to remain available
16 until September 30, 2027, to carry out the pro-
17 gram of awards to Head Start agencies de-
18 scribed in subsection (f)(3) in fiscal year 2023;
19 (ii) $1,900,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of awards to Head Start agencies de-
22 scribed in subsection (f)(3) in fiscal year 2024;
23 (iii) $1,900,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of awards to Head Start agencies de-
2 scribed in subsection (f)(3) in fiscal year 2025;
3 (iv) $1,900,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of awards to Head Start agencies de-
6 scribed in subsection (f)(3) in fiscal year 2026;
7 and
8 (v) $1,900,000,000, to remain available
9 until September 30, 2027, to carry out the pro-
10 gram of awards to Head Start agencies de-
11 scribed in subsection (f)(3) in fiscal year 2027.
12 (c) PAYMENTS FOR STATE UNIVERSAL PRESCHOOL
13 SERVICES.—
14 (1) IN GENERAL.—A State that has submitted,
15 and had approved by the Secretary, the State plan
16 described in paragraph (5) is entitled to a payment
17 under this subsection.
18 (2) PAYMENTS TO STATES.—
19 (A) PAYMENTS FOR FISCAL YEARS 2022
20 THROUGH 2024.—From amounts made available
21 under subsection (b)(1) for any of fiscal years
22 2022 through 2024, the Secretary, in collabora-
23 tion with the Secretary of Education, shall allot
24 for the fiscal year, to each State that has a
25 State plan under paragraph (5) or transitional
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1 State plan under paragraph (7) that is ap-
2 proved for a period including that fiscal year,
3 an amount for the purpose of providing grants
4 to eligible providers to provide high-quality pre-
5 school, using a formula that considers—
6 (i) the proportion of the number of
7 children who are below the age of 6 and
8 whose families have a family income at or
9 below 200 percent of the poverty line for
10 the most recent year for which satisfactory
11 data are available, residing in the State, as
12 compared to the number of such children,
13 who reside in all States with approved
14 plans for the fiscal year for which the al-
15 lotment is being made; and
16 (ii) the existing Federal preschool in-
17 vestments in the State under the Head
18 Start Act, as of the date of the allotment.
19 (B) PAYMENTS FOR FISCAL YEARS 2025
20 THROUGH 2027.—
21 (i) PRESCHOOL SERVICES.—For each
22 of fiscal years 2025 through 2027, the
23 Secretary shall pay to each State with an
24 approved State plan under paragraph (5),
25 an amount for that year equal to—
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1 (I) 95.440 percent of the State’s
2 expenditures in the year for preschool
3 services provided under subsection
4 (d), for fiscal year 2025;
5 (II) 79.534 percent of the State’s
6 expenditures in the year for such pre-
7 school services, for fiscal year 2026;
8 and
9 (III) 63.627 percent of the
10 State’s expenditures in the year for
11 such preschool services, for fiscal year
12 2027.
13 (ii) STATE ACTIVITIES.—The Sec-
14 retary shall pay to each State with an ap-
15 proved State plan under paragraph (5) an
16 amount for a fiscal year equal to 53.022
17 percent of the amount of the State’s ex-
18 penditures for the activities described in
19 paragraph (3), except that in no case shall
20 a payment for a fiscal year under this
21 clause exceed the amount equal to 10 per-
22 cent of the State’s expenditures described
23 in clause (i) for such fiscal year.
24 (iii) NON-FEDERAL SHARE.—The re-
25 mainder of the cost paid by the State for
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1 preschool services, that is not provided
2 under clause (i), shall be considered the
3 non-Federal share of the cost of those
4 services. The remainder of the cost paid by
5 the State for State activities, that is not
6 provided under clause (ii), shall be consid-
7 ered the non-Federal share of the cost of
8 those activities.
9 (iv) ADVANCE PAYMENT; RETROSPEC-
10 TIVE ADJUSTMENT.—The Secretary shall
11 make a payment under clause (i) or (ii) for
12 a year on the basis of advance estimates of
13 expenditures submitted by the State and
14 such other investigation as the Secretary
15 may find necessary, and shall reduce or in-
16 crease the payment as necessary to adjust
17 for any overpayment or underpayment for
18 a previous year.
19 (C) AUTHORITIES.—
20 (i) FISCAL YEARS 2022 THROUGH
21 2024.—Notwithstanding any other provi-
22 sion of this paragraph, for each of fiscal
23 years 2022 through 2024, the Secretary
24 shall have the authority to reallot funds
25 that were allotted under subparagraph (A)
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1 from any State without an approved appli-
2 cation under paragraph (5) by the date re-
3 quired by the Secretary, to States with an
4 approved application under that sub-
5 section.
6 (ii) FISCAL YEAR 2025.—Notwith-
7 standing any other provision of this sec-
8 tion, on October 1, 2024, the Secretary
9 shall have the authority to reallot funds
10 from payments made from allotments
11 under subparagraph (A) that are unobli-
12 gated on such date, to any State without
13 such unobligated funds that is a State with
14 an approved application under paragraph
15 (5), to carry out the purposes of this sec-
16 tion.
17 (3) STATE ACTIVITIES.—A State that receives a
18 payment under paragraph (2) shall carry out all of
19 the following activities:
20 (A) State administration of the State pre-
21 school program described in this section.
22 (B) Supporting a continuous quality im-
23 provement system for providers of preschool
24 services participating, or seeking to participate,
25 in the State preschool program, through the use
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1 of data, researching, monitoring, training, tech-
2 nical assistance, professional development, and
3 coaching.
4 (C) Providing outreach and enrollment
5 support for families of eligible children.
6 (D) Supporting data systems building.
7 (E) Supporting staff of eligible providers
8 in pursuing credentials and degrees, including
9 baccalaureate degrees.
10 (F) Supporting activities that ensure ac-
11 cess to inclusive preschool programs for chil-
12 dren with disabilities.
13 (G) Providing age-appropriate transpor-
14 tation services for children, which at a min-
15 imum shall include transportation services for
16 children experiencing homelessness and children
17 in foster care.
18 (H) Conducting or updating a statewide
19 needs assessment of access to high-quality pre-
20 school services.
21 (4) LEAD AGENCY.—The Governor of a State
22 desiring for the State to receive a payment under
23 this subsection shall designate a lead agency (such
24 as a State agency or joint interagency office) for the
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1 administration of the State’s preschool program
2 under this section.
3 (5) STATE PLAN.—In order to be eligible for
4 payments under this section, the Governor of a State
5 shall submit a State plan to the Secretary for ap-
6 proval by the Secretary, in collaboration with the
7 Secretary of Education, at such time, in such man-
8 ner, and containing such information as the Sec-
9 retary shall by rule require, that includes a plan for
10 achieving universal, high-quality, free, inclusive, and
11 mixed-delivery preschool services. Such plan shall in-
12 clude, at a minimum, each of the following:
13 (A) A certification that—
14 (i) the State has in place develop-
15 mentally appropriate, evidence-based pre-
16 school standards that, at a minimum, are
17 as rigorous as the standards specified in
18 subparagraph (B) of section 641A(a)(1) of
19 the Head Start Act (42 U.S.C.
20 9836a(a)(1)) and include program stand-
21 ards for class sizes and ratios; and
22 (ii) the State will coordinate such
23 standards with other early learning stand-
24 ards in the State.
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1 (B) An assurance that the State will en-
2 sure—
3 (i) all preschool services in the State
4 funded under this section will—
5 (I) be universally available to all
6 children in the State without any ad-
7 ditional eligibility requirements;
8 (II) be high-quality, free, and in-
9 clusive; and
10 (III) by not later than 1 year
11 after the State receives such funding,
12 meet the State’s preschool education
13 standards described in subparagraph
14 (A); and
15 (ii) that the local preschool programs
16 in the State funded under this section
17 will—
18 (I) offer programming that meets
19 the duration requirements of at least
20 1,020 annual hours;
21 (II) adopt policies and practices
22 to conduct outreach and provide expe-
23 dited enrollment, including
24 prioritization, to—
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1 (aa) children experiencing
2 homelessness (which, in the case
3 of a child attending a program
4 provided by an eligible provider
5 described in subsection (a)(6)(A),
6 shall include immediate enroll-
7 ment for the child);
8 (bb) children in foster care
9 or kinship care;
10 (cc) children in families who
11 are engaged in migrant or sea-
12 sonal agricultural labor;
13 (dd) children with disabil-
14 ities, including eligible children
15 who are served under part C of
16 the Individuals with Disabilities
17 Education Act; and
18 (ee) dual language learners;
19 (III) provide for salaries, and set
20 schedules for salaries, for staff of pro-
21 viders in the State preschool program
22 that are equivalent to salaries of ele-
23 mentary school staff with similar cre-
24 dentials and experience;
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1 (IV) at a minimum, provide a liv-
2 ing wage for all staff of such pro-
3 viders; and
4 (V) require educational qualifica-
5 tions for teachers in the preschool
6 program including, at a minimum, re-
7 quiring that lead teachers in the pre-
8 school program have a baccalaureate
9 degree in early childhood education or
10 a related field by not later than 6
11 years after the date on which the
12 State first receives funds under this
13 Act, except that—
14 (aa) subject to item (bb),
15 the requirements under this sub-
16 clause shall not apply to individ-
17 uals who were employed by an el-
18 igible provider or early education
19 program for a cumulative 3 of
20 the 5 years immediately pre-
21 ceding the date of enactment of
22 this Act and have the necessary
23 content knowledge and teaching
24 skills for early childhood edu-
25 cators, as demonstrated through
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1 measures determined by the
2 State; and
3 (bb) nothing in this section
4 shall require the State to lessen
5 State requirements for edu-
6 cational qualifications, in exist-
7 ence on the date of enactment of
8 this Act, to serve as a teacher in
9 a State preschool program.
10 (C) For States with existing publicly fund-
11 ed State preschool programs (as of the date of
12 submission of the State plan), a description of
13 how the State plans to use funding provided
14 under this section to ensure that such existing
15 programs in the State meet the requirements of
16 this section for a State preschool program.
17 (D) A description of how the State, in es-
18 tablishing and operating the State preschool
19 program supported under this section, will—
20 (i) support a mixed-delivery system
21 for any new slots funded under this sec-
22 tion, including by facilitating the participa-
23 tion of Head Start programs and programs
24 offered by licensed child care providers;
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1 (ii) ensure the State preschool pro-
2 gram does not disrupt the stability of in-
3 fant and toddler child care throughout the
4 State;
5 (iii) ensure adequate consultation with
6 the State Advisory Council on Early Child-
7 hood Education and Care designated or es-
8 tablished in section 642B(b)(1)(A)(i) of
9 the Head Start Act (42 U.S.C.
10 9837b(b)(1)(A)(i)) in the development of
11 its plan, including consultation in how the
12 State intends to distribute slots under
13 clause (v);
14 (iv) partner with Head Start agencies
15 to ensure the full utilization of Head Start
16 programs within the State; and
17 (v) distribute new preschool slots equi-
18 tably among child care (including family
19 child care) providers, Head Start agencies,
20 and schools within the State.
21 (E) A certification that the State, in oper-
22 ating the program described in this section for
23 a fiscal year—
24 (i) will not reduce the total preschool
25 slots provided in State-funded preschool
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1 programs from the number of such slots in
2 the previous fiscal year; or
3 (ii) if the number of eligible children
4 identified in the State declines from the
5 previous fiscal year, will maintain at least
6 the previous year’s ratio of the total pre-
7 school slots described in clause (i) to eligi-
8 ble children so identified.
9 (F) An assurance that the State will use
10 funding provided under this section to ensure
11 children with disabilities have access to and
12 participate in inclusive preschool programs con-
13 sistent with provisions in the Individuals with
14 Disabilities Education Act, and a description of
15 how the State will collaborate with entities car-
16 rying out programs under section 619 or part
17 C of the Individuals with Disabilities Education
18 Act, to support inclusive preschool programs.
19 (G) A certification that the State will sup-
20 port the continuous quality improvement of pro-
21 grams providing preschool services under this
22 section, including support through technical as-
23 sistance, monitoring, and research.
24 (H) A certification that the State will en-
25 sure a highly qualified early childhood work-
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1 force to support the requirements of this sec-
2 tion.
3 (I) An assurance that the State will meet
4 the requirements of clauses (ii) and (iii) of sec-
5 tion 658E(c)(2)(T) of the Child Care and De-
6 velopment Block Grant Act of 1990 (42 U.S.C.
7 9858c(c)(2)(T)), with respect to funding and
8 assessments under this section.
9 (J) A certification that subgrant and con-
10 tract amounts provided as described in sub-
11 section (d) will be sufficient to enable eligible
12 providers to meet the requirements of this sec-
13 tion, and will provide for increased payment
14 amounts based on the criteria described in sub-
15 clauses (III) and (IV) of subparagraph (B)(ii).
16 (K) An agreement to provide to the Sec-
17 retary such periodic reports, providing a de-
18 tailed accounting of the uses of funding re-
19 ceived under this section, as the Secretary may
20 require for the administration of this section.
21 (6) DURATION OF THE PLAN.—Each State plan
22 shall remain in effect for a period of not more than
23 3 years. Amendments to the State plan shall remain
24 in effect for the duration of the plan.
25 (7) TRANSITIONAL STATE PLAN.—
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1 (A) IN GENERAL.—The Secretary shall de-
2 velop parameters for, and allow a State to sub-
3 mit for purposes of this subsection for a period
4 of not more than 3 years, a transitional State
5 plan, at such time, in such manner and con-
6 taining such information as the Secretary shall
7 require.
8 (B) CONTENTS.—The transitional plan
9 shall—
10 (i) demonstrate that the State will
11 meet the requirements of such plan as de-
12 termined by the Secretary; and
13 (ii) include, at a minimum—
14 (I) an assurance that the State
15 will submit a State plan under para-
16 graph (5);
17 (II) a description of how the
18 funds received by the State under this
19 section will be spent to expand access
20 to universal, high-quality, free, inclu-
21 sive, and mixed-delivery preschool in
22 alignment with the requirements of
23 this section; and
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1 (III) such data as the Secretary
2 may require on the provision of pre-
3 school services in the State.
4 (d) SUBGRANTS AND CONTRACTS FOR LOCAL PRE-
5 SCHOOL PROGRAMS.—
6 (1) SUBGRANTS AND CONTRACTS.—
7 (A) IN GENERAL.—A State that receives a
8 payment under subsection (c)(2) for a fiscal
9 year shall use amounts provided through the
10 payment to pay the costs of subgrants to, or
11 contracts with, eligible providers to operate uni-
12 versal, high-quality, free, and inclusive pre-
13 school programs (which State-funded programs
14 may be referred to in this section as ‘‘local pre-
15 school programs’’) through the State preschool
16 program in accordance with paragraph (3). A
17 State shall reduce or increase the amounts pro-
18 vided under such subgrants or contracts if
19 needed to adjust for any overpayment or under-
20 payment described in subsection (c)(2)(B)(iv).
21 (B) AMOUNT.—A State shall award a
22 subgrant or contract under this subsection in a
23 sufficient amount to enable the eligible provider
24 to operate a local preschool program that meets
25 the requirements of subsection (c)(5)(B), which
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1 amount shall reflect variations in the cost of
2 preschool services by geographic area, type of
3 provider, and age of child, and the additional
4 costs associated with providing inclusive pre-
5 school services for children with disabilities.
6 (C) DURATION.—The State shall award a
7 subgrant or contract under this subsection for
8 a period of not less than 3 years, unless the
9 subgrant or contract is terminated or sus-
10 pended, or the subgrant period is reduced, for
11 cause.
12 (2) ENHANCED PAYMENTS FOR COMPREHEN-
13 SIVE SERVICES.—In awarding subgrants or con-
14 tracts under this subsection and in addition to meet-
15 ing the requirements of paragraph (1)(B), the State
16 shall award subgrants or contracts with enhanced
17 payments to eligible providers that offer local pre-
18 school programs funded under this subsection to a
19 high percentage of low-income children to support
20 comprehensive services.
21 (3) ESTABLISHING AND EXPANDING UNIVERSAL
22 PRESCHOOL PROGRAMS.—
23 (A) ESTABLISHING AND EXPANDING UNI-
24 VERSAL PRESCHOOL PROGRAMS IN HIGH-NEED
25 COMMUNITIES.—In awarding subgrants or con-
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1 tracts under this subsection, the State shall
2 first prioritize establishing and expanding uni-
3 versal local preschool programs within and
4 across high-need communities by awarding sub-
5 grants or contracts to eligible providers oper-
6 ating within and across, or with capacity to op-
7 erate within and across, such high-need commu-
8 nities. The State shall—
9 (i) use a research-based methodology
10 approved by the Secretary to identify such
11 high-need communities, as determined
12 by—
13 (I) the rate of poverty in the
14 community;
15 (II) rates of access to high-qual-
16 ity preschool within the community;
17 and
18 (III) other indicators of commu-
19 nity need as required by the Sec-
20 retary; and
21 (ii) distribute funding for preschool
22 services under this section within such a
23 high-need community so that a majority of
24 children in the community are offered such
25 preschool services before the State estab-
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1 lishes and expands preschool services in
2 communities with lower levels of need.
3 (B) USE OF FUNDS.—Subgrants or con-
4 tracts awarded under subparagraph (A) shall be
5 used to enroll and serve children in such a local
6 preschool program involved, including by paying
7 the costs—
8 (i) of personnel (including classroom
9 and administrative personnel), including
10 compensation and benefits;
11 (ii) associated with implementing the
12 State’s preschool standards, providing cur-
13 riculum supports, and meeting early learn-
14 ing and development standards;
15 (iii) of professional development,
16 teacher supports, and training;
17 (iv) of implementing and meeting de-
18 velopmentally appropriate health and safe-
19 ty standards (including licensure, where
20 applicable), teacher to child ratios, and
21 group size maximums;
22 (v) of materials, equipment, and sup-
23 plies; and
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1 (vi) of rent or a mortgage, utilities,
2 building security, indoor and outdoor
3 maintenance, and insurance.
4 (4) ESTABLISHING AND EXPANDING UNIVERSAL
5 PRESCHOOL PROGRAMS IN ADDITIONAL COMMU-
6 NITIES.—Once a State that receives a payment
7 under subsection (c)(2) meets the requirements of
8 paragraph (3) with respect to establishing and ex-
9 panding local preschool programs within and across
10 high-need communities, the State shall use funds
11 from such payment to enroll and serve children in
12 local preschool programs, as described in such para-
13 graph, in additional communities in accordance with
14 the metrics described in paragraph (3)(A)(i). Such
15 funds shall be used for the activities described in
16 clauses (i) through (vi) of paragraph (3)(B).
17 (e) PAYMENTS FOR UNIVERSAL PRESCHOOL SERV-
18 ICES INDIAN TRIBES AND TERRITORIES.—
19 (1) INDIAN TRIBES AND TRIBAL ORGANIZA-
20 TIONS.—
21 (A) IN GENERAL.—For each of fiscal years
22 2022 through 2027, from the amount appro-
23 priated for Indian Tribes and Tribal organiza-
24 tions under subsection (b)(2)(A), the Secretary
25 shall make payments to Indian Tribes and
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1 Tribal organizations with an application ap-
2 proved under subparagraph (B), and the Tribes
3 and Tribal organizations shall be entitled to
4 such payments for the purpose of carrying out
5 the preschool program described in this section,
6 consistent, to the extent practicable as deter-
7 mined by the Secretary, with the requirements
8 applicable to States.
9 (B) APPLICATIONS.—An Indian Tribe or
10 Tribal organization seeking a payment under
11 this paragraph shall submit an application to
12 the Secretary at such time, in such manner,
13 and containing such information as the Sec-
14 retary may specify.
15 (2) TERRITORIES.—
16 (A) IN GENERAL.—For each of fiscal years
17 2022 through 2027, from the amount appro-
18 priated for territories under subsection
19 (b)(2)(B), the Secretary shall make payments
20 to the territories with an application approved
21 under subparagraph (B), and the territories
22 shall be entitled to such payments, for the pur-
23 pose of carrying out the preschool program de-
24 scribed in this section, consistent, to the extent
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1 practicable as determined by the Secretary,
2 with the requirements applicable to States.
3 (B) APPLICATIONS.—A territory seeking a
4 payment under this paragraph shall submit an
5 application to the Secretary at such time, in
6 such manner, and containing such information
7 as the Secretary may specify.
8 (3) LEAD AGENCY.—The head of an Indian
9 tribe or territory desiring for the Indian tribe or a
10 related tribal organization, or territory, to receive a
11 payment under this subsection shall designate a lead
12 agency (such as a tribal or territorial agency or joint
13 interagency office) for the administration of the pre-
14 school program of the Indian tribe or territory,
15 under this section.
16 (f) GRANTS TO LOCALITIES AND HEAD START EX-
17 PANSION IN NONPARTICIPATING STATES.—
18 (1) ELIGIBLE LOCALITY DEFINED.—In this
19 subsection, the term ‘‘eligible locality’’ means a city,
20 county, or other unit of general local government, a
21 local educational agency, or a Head Start agency.
22 (2) GRANTS TO LOCALITIES.—
23 (A) IN GENERAL.—The Secretary, in con-
24 sultation with the Secretary of Education, shall
25 use funds reserved in subsection (b)(2)(F) to
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1 award local universal preschool grants, in ac-
2 cordance with rules established by the Secretary
3 of Health and Human Services, to eligible local-
4 ities located in States that have not received
5 payments under subsection (c)(2)(A). The Sec-
6 retary shall award the grants to eligible local-
7 ities in a State from the allotment made for
8 that State under subparagraph (B). The Sec-
9 retary shall specify the requirements for an eli-
10 gible locality to conduct a preschool program
11 under this subsection which shall, to the great-
12 est extent practicable, be consistent with the re-
13 quirements applicable to States under this sec-
14 tion, for a universal, high-quality, free, and in-
15 clusive preschool program.
16 (B) ALLOTMENTS.—For each State de-
17 scribed in subparagraph (A), the Secretary shall
18 allot for the State for a fiscal year an amount
19 that bears the same relationship to the funds
20 appropriated under subsection (b)(2)(F) for the
21 fiscal year as the number of children from fami-
22 lies with family incomes at or below 200 per-
23 cent of the poverty line, and who are under the
24 age of 6, in the State bears to the total number
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1 of all such children in all States described in
2 subparagraph (A).
3 (C) APPLICATION.—To receive a grant
4 from the corresponding State allotment under
5 this subsection, an eligible locality shall submit
6 an application to the Secretary at such time, in
7 such manner, and containing such information
8 as the Secretary may require. The requirements
9 for the application shall, to the greatest extent
10 practicable, be consistent with the State plan
11 requirements applicable to States under this
12 section.
13 (D) RECOUPMENT OF UNUSED FUNDS.—
14 Notwithstanding any other provision of this sec-
15 tion, for each of fiscal years 2023 through
16 2027, the Secretary shall have the authority to
17 recoup any unused funds allotted under sub-
18 paragraph (B) for awards under paragraph
19 (3)(A) to Head Start agencies in accordance
20 with paragraph (3).
21 (3) HEAD START EXPANSION IN NONPARTICI-
22 PATING STATES.—
23 (A) IN GENERAL.—The Secretary shall use
24 funds appropriated under subsection (b)(2)(G)
25 or recouped under paragraph (2) to make
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1 awards to Head Start agencies in a State de-
2 scribed in paragraph (2)(A) to carry out the
3 purposes of the Head Start Act in such State.
4 (B) RULE.—For purposes of carrying out
5 the Head Start Act in circumstances not involv-
6 ing awards under this paragraph, funds award-
7 ed under subparagraph (A) shall not be in-
8 cluded in the calculation of a ‘‘base grant’’ as
9 such term is defined in section 640(a)(7)(A) of
10 the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
11 (C) DEFINITION.—In this paragraph, the
12 term ‘‘Head Start agency’’ means an entity des-
13 ignated or eligible to be designated as a Head
14 Start agency under section 641(a)(1) of the
15 Head Start Act or as an Early Head Start
16 agency (by receiving a grant) under section
17 645A(a) of such Act.
18 (4) PRIORITY FOR SERVING UNDERSERVED
19 COMMUNITIES.—In making determinations to award
20 a grant or make an award under this subsection, the
21 Secretary shall give priority to entities serving com-
22 munities with a high percentage of children from
23 families with family incomes at or below 200 percent
24 of the poverty line.
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1 (g) ALLOWABLE SOURCES OF NON-FEDERAL
2 SHARE.—For purposes of calculating the amount of the
3 non-Federal share, as determined under subsection
4 (c)(2)(B)(iii), relating to a payment under subsection
5 (c)(2)(B), a State’s non-Federal share—
6 (1) may be in cash or in kind, fairly evaluated,
7 including facilities or property, equipment, or serv-
8 ices;
9 (2) shall include any increase in amounts spent
10 by the State to expand half-day kindergarten pro-
11 grams in the State, as of the day before the date of
12 enactment of this Act, into full-day kindergarten
13 programs;
14 (3) shall not include contributions being used as
15 a non-Federal share or match for another Federal
16 award;
17 (4) shall be provided from State or local
18 sources, contributions from philanthropy or other
19 private organizations, or a combination of such
20 sources and contributions; and
21 (5) shall count not more than 100 percent of
22 the State’s current spending on prekindergarten pro-
23 grams, calculated as the average amount of such
24 spending by the State for fiscal years 2019, 2020,
25 and 2021, toward the State’s non-Federal share.
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1 (h) MAINTENANCE OF EFFORT.—
2 (1) IN GENERAL.—If a State reduces its com-
3 bined fiscal effort per child for the State preschool
4 program (whether a publicly funded preschool pro-
5 gram or a program under this section) or through
6 State supplemental assistance funds for Head Start
7 programs assisted under the Head Start Act, or
8 through any State spending on preschool services for
9 any fiscal year that a State receives payments under
10 subsection (c)(2) (referred to in this paragraph as
11 the ‘‘reduction fiscal year’’) relative to the previous
12 fiscal year, the Secretary, in collaboration with the
13 Secretary of Education, shall reduce support for
14 such State under such subsection by the same
15 amount as the total reduction in that State fiscal ef-
16 fort for such reduction fiscal year.
17 (2) WAIVER.—The Secretary, in collaboration
18 with the Secretary of Education, may waive the re-
19 quirements of paragraph (1) if—
20 (A) the Secretaries determine that a waiv-
21 er would be appropriate due to a precipitous de-
22 cline in the financial resources of a State as a
23 result of unforeseen economic hardship, or a
24 natural disaster, that has necessitated across-
25 the-board reductions in State services during
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1 the 5-year period preceding the date of the de-
2 termination, including for early childhood edu-
3 cation programs; or
4 (B) due to the circumstance of a State re-
5 quiring reductions in specific programs, includ-
6 ing early childhood education programs, the
7 State presents to the Secretaries a justification
8 and demonstration why other programs could
9 not be reduced and how early childhood edu-
10 cation programs in the State will not be dis-
11 proportionately harmed by such State reduc-
12 tions.
13 (i) SUPPLEMENT NOT SUPPLANT.—Funds received
14 under this section shall be used to supplement and not
15 supplant other Federal, State, and local public funds ex-
16 pended on prekindergarten programs in the State on the
17 date of enactment of this Act, calculated as the average
18 amount of such Federal, State, and local public funds ex-
19 pended for fiscal years 2019, 2020, and 2021.
20 (j) NONDISCRIMINATION PROVISIONS.—The fol-
21 lowing provisions of law shall apply to any program or ac-
22 tivity that receives funds provided under this section:
23 (1) Title IX of the Education Amendments of
24 1972.
25 (2) Title VI of the Civil Rights Act of 1964.
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1 (3) Section 504 of the Rehabilitation Act of
2 1973.
3 (4) The Americans with Disabilities Act of
4 1990.
5 (5) Section 654 of the Head Start Act.
6 (k) MONITORING AND ENFORCEMENT.—
7 (1) REVIEW OF COMPLIANCE WITH REQUIRE-
8 MENTS AND STATE PLAN.—The Secretary shall re-
9 view and monitor compliance of States, territories,
10 Tribal entities, and local entities with this section
11 and State compliance with the State plan described
12 in subsection (c)(5).
13 (2) ISSUANCE OF RULE.—The Secretary shall
14 establish by rule procedures for—
15 (A) receiving, processing, and determining
16 the validity of complaints or findings concerning
17 any failure of a State to comply with the State
18 plan or any other requirement of this section;
19 (B) notifying a State when the Secretary
20 has determined there has been a failure by the
21 State to comply with a requirement of this sec-
22 tion; and
23 (C) imposing sanctions under this sub-
24 section for such a failure.
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1 Subtitle E—Child Nutrition and
2 Related Programs
3 SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY.
4 (a) MULTIPLIER AND THRESHOLD ADJUSTED.—
5 (1) MULTIPLIER.—Clause (vii) of section
6 11(a)(1)(F) of the Richard B. Russell National
7 School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is
8 amended to read as follows:
9 ‘‘(vii) MULTIPLIER.—
10 ‘‘(I) IMPLEMENTATION IN 2022–
11 2027.—For each school year beginning
12 on or after July 1, 2022, and ending
13 before July 1, 2027, the Secretary
14 shall use a multiplier of 2.5.
15 ‘‘(II) IMPLEMENTATION AFTER
16 2027.—For each school year beginning
17 on or after July 1, 2027, the Sec-
18 retary shall use a multiplier of 1.6.’’.
19 (2) THRESHOLD.—Clause (viii) of section
20 11(a)(1)(F) of the Richard B. Russell National
21 School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is
22 amended to read as follows:
23 ‘‘(viii) THRESHOLD.—
24 ‘‘(I) IMPLEMENTATION IN 2022–
25 2027.—For each school year beginning
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1 on or after July 1, 2022, and ending
2 before July 1, 2027, the threshold
3 shall be not more than 25 percent.
4 ‘‘(II) IMPLEMENTATION AFTER
5 2027.—For each school year beginning
6 on or after July 1, 2027, the thresh-
7 old shall be not more than 40 per-
8 cent.’’.
9 (b) STATEWIDE COMMUNITY ELIGIBILITY.—Section
10 11(a)(1)(F) of the Richard B. Russell National School
11 Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by
12 adding at the end the following:
13 ‘‘(xiv) STATEWIDE COMMUNITY ELIGI-
14 BILITY.—For each school year beginning
15 on or after July 1, 2022, and ending be-
16 fore July 1, 2027, the Secretary shall es-
17 tablish a statewide community eligibility
18 program under which, in the case of a
19 State agency that agrees to provide fund-
20 ing from sources other than Federal funds
21 to ensure that local educational agencies in
22 the State receive the free reimbursement
23 rate for 100 percent of the meals served at
24 applicable schools—
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1 ‘‘(I) the multiplier described in
2 clause (vii) shall apply;
3 ‘‘(II) notwithstanding clause
4 (viii), the threshold shall be zero; and
5 ‘‘(III) the percentage of enrolled
6 students who were identified students
7 shall be calculated across all applica-
8 ble schools in the State regardless of
9 local educational agency.’’.
10 SEC. 24002. SUMMER ELECTRONIC BENEFITS TRANSFER
11 FOR CHILDREN PROGRAM.
12 The Richard B. Russell National School Lunch Act
13 is amended by inserting after section 13 (42 U.S.C. 1761)
14 the following:
15 ‘‘SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER
16 FOR CHILDREN PROGRAM.
17 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall
18 establish a program under which States and covered In-
19 dian Tribal organizations participating in such program
20 shall, for summer 2023 and summer 2024 issue to eligible
21 households summer EBT benefits—
22 ‘‘(1) in accordance with this section; and
23 ‘‘(2) for the purpose of providing nutrition as-
24 sistance through electronic benefits transfer during
25 the summer months for eligible children, to ensure
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1 continued access to food when school is not in ses-
2 sion for the summer.
3 ‘‘(b) SUMMER EBT BENEFITS REQUIREMENTS.—
4 ‘‘(1) PURCHASE OPTIONS.—
5 ‘‘(A) BENEFITS ISSUED BY STATES.—
6 ‘‘(i) WIC PARTICIPATION STATES.—In
7 the case of a State that participated in a
8 demonstration program under section
9 749(g) of the Agriculture, Rural Develop-
10 ment, Food and Drug Administration, and
11 Related Agencies Appropriations Act, 2010
12 (Public Law 111–80; 123 Stat. 2132) dur-
13 ing calendar year 2018 using a WIC
14 model, summer EBT benefits issued pur-
15 suant to subsection (a) by such a State
16 may only be used by the eligible household
17 that receives such summer EBT benefits to
18 purchase—
19 ‘‘(I) supplemental foods from re-
20 tailers that have been approved for
21 participation in—
22 ‘‘(aa) the special supple-
23 mental nutrition program for
24 women, infants, and children
25 under section 17 of the Child
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1 Nutrition Act of 1966 (42 U.S.C.
2 1786); or
3 ‘‘(bb) the program under
4 this section; or
5 ‘‘(II) food (as defined in section
6 3(k) of the Food and Nutrition Act of
7 2008 (7 U.S.C. 2012(k))) from retail
8 food stores that have been approved
9 for participation in the supplemental
10 nutrition assistance program estab-
11 lished under such Act, in accordance
12 with section 9 of such Act (7 U.S.C.
13 2018).
14 ‘‘(ii) OTHER STATES.—Summer EBT
15 benefits issued pursuant to subsection (a)
16 by a State not described in clause (i) may
17 only be used by the eligible household that
18 receives such summer EBT benefits to
19 purchase food (as defined in section 3(k)
20 of the Food and Nutrition Act of 2008 (7
21 U.S.C. 2012(k))) from retail food stores
22 that have been approved for participation
23 in the supplemental nutrition assistance
24 program established under such Act, in ac-
25 cordance with section 9(b) of such Act (7
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1 U.S.C. 2018) or retail food stores that
2 have been approved for participation in a
3 Department of Agriculture grant funded
4 nutrition assistance program in the Com-
5 monwealth of the Northern Mariana Is-
6 lands, Puerto Rico, or American Samoa.
7 ‘‘(B) BENEFITS ISSUED BY COVERED IN-
8 DIAN TRIBAL ORGANIZATIONS.—Summer EBT
9 benefits issued pursuant to subsection (a) by a
10 covered Indian Tribal organization may only be
11 used by the eligible household that receives such
12 summer EBT benefits to purchase supple-
13 mental foods from retailers that have been ap-
14 proved for participation in—
15 ‘‘(i) the special supplemental nutrition
16 program for women, infants, and children
17 under section 17 of the Child Nutrition
18 Act of 1966 (42 U.S.C. 1786); or
19 ‘‘(ii) the program under this section.
20 ‘‘(2) AMOUNT.—Summer EBT benefits issued
21 pursuant to subsection (a)—
22 ‘‘(A) shall be—
23 ‘‘(i) for calendar year 2023, in an
24 amount equal to $65 for each child in the
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1 eligible household per month during the
2 summer; and
3 ‘‘(ii) for calendar year 2024, in an
4 amount equal to the amount described in
5 clause (i), adjusted to the nearest lower
6 dollar increment to reflect changes to the
7 cost of the thrifty food plan (as defined in
8 section 3(u) of the Food and Nutrition Act
9 of 2008 (7 U.S.C. 2012(u)) for the 12-
10 month period ending on November 30 of
11 the preceding calendar year; and
12 ‘‘(B) may be issued—
13 ‘‘(i) in the form of an EBT card; or
14 ‘‘(ii) through electronic delivery.
15 ‘‘(c) ENROLLMENT IN PROGRAM.—
16 ‘‘(1) STATE REQUIREMENTS.—States partici-
17 pating in the program under this section shall—
18 ‘‘(A) with respect to a summer, automati-
19 cally enroll eligible children in the program
20 under this section without further application;
21 and
22 ‘‘(B) require local educational agencies to
23 allow eligible households to opt out of participa-
24 tion in the program under this section and es-
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1 tablish procedures for opting out of such par-
2 ticipation.
3 ‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION
4 REQUIREMENTS.—Covered Indian Tribal organiza-
5 tions participating in the program under this section
6 shall, to the maximum extent practicable, meet the
7 requirements under subparagraphs (A) through (C)
8 of paragraph (1).
9 ‘‘(d) IMPLEMENTATION GRANTS.—On and after Jan-
10 uary 1, 2022, the Secretary shall carry out a program to
11 make grants to States and covered Indian Tribal organiza-
12 tions to build capacity for implementing the program
13 under this section.
14 ‘‘(e) ALTERNATE PLANS IN THE CASE OF CONTIN-
15 UOUS SCHOOL CALENDAR.—The Secretary shall establish
16 an alternative method for determining the schedule and
17 number of days during which summer EBT benefits may
18 be issued pursuant to subsection (a) in the case of children
19 who are under a continuous school calendar.
20 ‘‘(f) FUNDING.—
21 ‘‘(1) PROGRAM FUNDING.—In addition to
22 amounts otherwise available, there is appropriated
23 for each of fiscal years 2022 through 2024, out of
24 any money in the Treasury not otherwise appro-
25 priated, such sums, to remain available for the 2-
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1 year period following the date such amounts are
2 made available, as may be necessary to carry out
3 this section, including for administrative expenses
4 incurred by the Secretary, States, covered Indian
5 Tribal organizations, and local educational agencies.
6 ‘‘(2) IMPLEMENTATION GRANT FUNDING.—In
7 addition to amounts otherwise available, including
8 under paragraph (1), there is appropriated for fiscal
9 year 2022, out of any money in the Treasury not
10 otherwise appropriated, $50,000,000, to remain
11 available until expended, to carry out subsection (d).
12 ‘‘(g) SUNSET.—The authority under this section shall
13 terminate on September 30, 2024.
14 ‘‘(h) DEFINITIONS.—In this section:
15 ‘‘(1) COVERED INDIAN TRIBAL ORGANIZA-
16 TION.—The term ‘covered Indian Tribal organiza-
17 tion’ means an Indian Tribal organization that par-
18 ticipates in the special supplemental nutrition pro-
19 gram for women, infants, and children under section
20 17 of the Child Nutrition Act of 1966 (42 U.S.C.
21 1786).
22 ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible
23 child’ means, with respect to a summer, a child who
24 was, during the school year immediately preceding
25 such summer—
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1 ‘‘(A) certified to receive free or reduced
2 price lunch under the school lunch program
3 under this Act;
4 ‘‘(B) certified to receive free or reduced
5 price breakfast under the school breakfast pro-
6 gram under section 4 of the Child Nutrition Act
7 of 1966 (42 U.S.C. 1773); or
8 ‘‘(C) enrolled in a school described in sub-
9 paragraph (B), (C), (D), (E), or (F) of section
10 11(a)(1).
11 ‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligi-
12 ble household’ means a household that includes at
13 least 1 eligible child.’’.
14 SEC. 24003. HEALTHY FOOD INCENTIVES DEMONSTRATION.
15 (a) APPROPRIATION.—In addition to amounts other-
16 wise available, there is appropriated to the Secretary of
17 Agriculture for fiscal year 2022, out of any money in the
18 Treasury not otherwise appropriated, $250,000,000, to re-
19 main available until expended, to provide—
20 (1) technical assistance and evaluation with re-
21 spect to the activities described in subparagraphs
22 (A) through (D) of paragraph (2); and
23 (2) grants and monetary incentives to carry out
24 1 or more of the following:
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1 (A) Improving the nutritional quality of
2 meals and snacks served under a child nutrition
3 program.
4 (B) Enhancing the nutrition and wellness
5 environment of institutions participating in a
6 child nutrition program, including by reducing
7 the availability of less healthy foods during the
8 school day.
9 (C) Increasing the procurement of fresh,
10 local, regional, and culturally appropriate foods
11 and foods produced by underserved or limited
12 resource farmers, as defined by the Secretary of
13 Agriculture, to be served as part of a child nu-
14 trition program.
15 (D) Funding a statewide nutrition edu-
16 cation coordinator—
17 (i) to support individual school food
18 authority nutrition education efforts; and
19 (ii) to facilitate collaboration with
20 other nutrition education efforts in the
21 State.
22 (b) STATE DEFINED.—In this section, the term
23 ‘‘State’’ has the meaning given the term in section 12(d)
24 of the Richard B. Russell National School Lunch Act (42
25 U.S.C. 1760(d)).
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1 SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.
2 In addition to amounts otherwise available, there is
3 appropriated to the Secretary of Agriculture for fiscal year
4 2022, out of any money in the Treasury not otherwise ap-
5 propriated, $30,000,000, to remain available until ex-
6 pended through fiscal year 2030, for training and tech-
7 nical assistance to support scratch cooking and to award
8 grants to States (as defined in section 12(d) of the Rich-
9 ard B. Russell National School Lunch Act (42 U.S.C.
10 1760(d))) to make competitive subgrants to local edu-
11 cational agencies and schools to purchase equipment with
12 a value of greater than $1,000 that, with respect to the
13 school lunch program established under the Richard B.
14 Russell National School Lunch Act (42 U.S.C. 1751–
15 1769j) and the school breakfast program established
16 under section 4 of the Child Nutrition Act of 1966 (42
17 U.S.C. 1773), is necessary to serve healthier meals, im-
18 prove food safety, and increase scratch cooking.
19 Subtitle F—Human Services and
20 Community Supports
21 SEC. 25001. ASSISTIVE TECHNOLOGY.
22 In addition to amounts otherwise available, there is
23 appropriated for fiscal year 2022, out of any money in
24 the Treasury not otherwise appropriated, $10,000,000, to
25 remain available until expended, for necessary expenses to
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1 carry out the Assistive Technology Act of 1998 (29 U.S.C.
2 3003(a)).
3 SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES
4 FUNDING.
5 In addition to amounts otherwise available, there is
6 appropriated to the Secretary of Health and Human Serv-
7 ices, for fiscal year 2022, out of any money in the Treas-
8 ury not otherwise appropriated, $30,000,000, to remain
9 available until expended, for necessary administrative ex-
10 penses to carry out subsections (c) and (d) of section 2204
11 of the American Rescue Plan Act of 2021 (Public Law
12 117–2).
13 SEC. 25003. PREGNANCY ASSISTANCE FUND.
14 Section 10214 of the Patient Protection and Afford-
15 able Care Act (42 U.S.C. 18204) is amended by adding
16 at the end the following new sentence:
17 ‘‘In addition, there is appropriated for fiscal year 2022,
18 out of any money in the Treasury not otherwise appro-
19 priated—
20 ‘‘(1) $25,000,000, to remain available until ex-
21 pended, to carry out this part in fiscal year 2022;
22 ‘‘(2) $25,000,000, to remain available until ex-
23 pended, to carry out this part in fiscal year 2023;
24 and
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1 ‘‘(3) $25,000,000, to remain available until ex-
2 pended, to carry out this part in fiscal year 2024.’’.
3 SEC. 25004. FUNDING FOR THE AGING NETWORK AND IN-
4 FRASTRUCTURE.
5 (a) APPROPRIATION.—In addition to amounts other-
6 wise available, there are appropriated for fiscal year 2022,
7 out of any money in the Treasury not otherwise appro-
8 priated, to the Department of Health and Human Serv-
9 ices—
10 (1) $75,000,000 for the Research, Demonstra-
11 tion, and Evaluation Center for the Aging Network
12 for necessary expenses to carry out the activities of
13 the Center under section 201(g) of the Older Ameri-
14 cans Act of 1965 (OAA);
15 (2) $655,000,000 for necessary expenses to
16 carry out part B of title III of the OAA, including
17 for—
18 (A) supportive services of the type made
19 available for fiscal year 2021 and authorized
20 under such part;
21 (B) investing in the aging services network
22 for the purposes of improving the availability of
23 supportive services, including investing in the
24 aging services network workforce;
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1 (C) the acquisition, alteration, or renova-
2 tion of facilities, including multipurpose senior
3 centers and mobile units; and
4 (D) construction or modernization of facili-
5 ties to serve as multipurpose senior centers;
6 (3) $140,000,000 for necessary expenses to
7 carry out part C of title III of the OAA, including
8 to support the modernization of infrastructure and
9 technology, including kitchen equipment and delivery
10 vehicles, to support the provision of congregate nu-
11 trition services and home delivered nutrition services
12 under such part;
13 (4) $150,000,000 for necessary expenses to
14 carry out part E of title III of the OAA, including
15 section 373(e) of such part;
16 (5) $50,000,000 for necessary expenses to carry
17 out title VI of the OAA, including part C of such
18 title;
19 (6) $50,000,000 for necessary expenses to carry
20 out the long-term care ombudsman program under
21 title VII of the OAA;
22 (7) $59,000,000 for necessary expenses for
23 technical assistance centers or national resource cen-
24 ters supported under the OAA, including all such
25 centers that received funding under title IV of the
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1 OAA for fiscal year 2021, in order to support tech-
2 nical assistance and resource development related to
3 culturally appropriate care management and services
4 for older individuals with the greatest social need,
5 including racial and ethnic minority individuals;
6 (8) $15,000,000 for necessary expenses for
7 technical assistance centers or national resource cen-
8 ters supported under the OAA that are focused on
9 providing services for older individuals who are un-
10 derserved due to their sexual orientation or gender
11 identity;
12 (9) $1,000,000 for necessary expenses for ef-
13 forts of national training and technical assistance
14 centers supported under the OAA to—
15 (A) support expanding the reach of the
16 aging services network to more effectively assist
17 older individuals in remaining socially engaged
18 and active;
19 (B) provide additional support in technical
20 assistance and training to the aging services
21 network to address the social isolation of older
22 individuals;
23 (C) promote best practices and identify in-
24 novation in the field; and
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1 (D) continue to support a repository for
2 innovations designed to increase the ability of
3 the aging services network to tailor social en-
4 gagement activities to meet the needs of older
5 individuals; and
6 (10) $5,000,000 for necessary expenses to carry
7 out section 417 of the OAA.
8 Amounts appropriated by this subsection shall remain
9 available until expended.
10 (b) NONAPPLICABILITY OF CERTAIN REQUIRE-
11 MENTS.—The non-Federal contribution requirements
12 under sections 304(d)(1)(D) and 431(a) of the Older
13 Americans Act of 1965, and section 373(h)(2) of such Act,
14 shall not apply to—
15 (1) any amounts made available under this sec-
16 tion; or
17 (2) any amounts made available under section
18 2921 of the American Rescue Plan Act of 2021
19 (Public Law 117–2).
20 SEC. 25005. TECHNICAL ASSISTANCE CENTER FOR SUP-
21 PORTING DIRECT CARE AND CAREGIVING.
22 (a) IN GENERAL.—In addition to amounts otherwise
23 available, there is appropriated to the Secretary of Health
24 and Human Services, acting through the Administrator
25 for the Administration for Community Living, for fiscal
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $20,000,000, to remain available until Sep-
3 tember 30, 2031, for necessary expenses to establish, di-
4 rectly or through grants, contracts, or cooperative agree-
5 ments, a national technical assistance center (referred to
6 in this section as the ‘‘Center’’) to—
7 (1) provide technical assistance for supporting
8 direct care workforce recruitment, education and
9 training, retention, career advancement, and for sup-
10 porting family caregivers and caregiving activities;
11 (2) develop and disseminate a set of replicable
12 models or evidence-based or evidence-informed strat-
13 egies or best practices for—
14 (A) recruitment, education and training,
15 retention, and career advancement of direct
16 support workers;
17 (B) reducing barriers to accessing direct
18 care services; and
19 (C) increasing access to alternatives to di-
20 rect care services, including assistive tech-
21 nology, that reduce reliance on such services;
22 (3) provide recommendations for education and
23 training curricula for direct support workers; and
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1 (4) provide recommendations for activities to
2 further support paid and unpaid family caregivers,
3 including expanding respite care.
4 (b) DIRECT SUPPORT WORKER DEFINED.—The term
5 ‘‘direct support worker’’ has the meaning given such term
6 in section 22301.
7 SEC. 25006. FUNDING TO SUPPORT UNPAID CAREGIVERS.
8 (a) IN GENERAL.—In addition to amounts otherwise
9 available, there is appropriated to the Secretary of Health
10 and Human Services (referred to in this section as the
11 ‘‘Secretary’’) for fiscal year 2022, out of any money in
12 the Treasury not otherwise appropriated, $40,000,000, to
13 remain available until expended, for carrying out the pur-
14 pose described in subsection (b).
15 (b) USE OF FUNDING.—The Secretary, acting
16 through the Assistant Secretary for Aging, shall use
17 amounts appropriated by subsection (a) for necessary ex-
18 penses to make awards, pursuant to section 373(i) of the
19 Older Americans Act of 1965 (42 U.S.C. 3030s–1(i)), to
20 States, public agencies, private nonprofit agencies, institu-
21 tions of higher education, and organizations, including
22 Tribal organizations, for initiatives to address the behav-
23 ioral health needs of family caregivers and older relative
24 caregivers.
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1 (c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
2 priated by this section shall be used to supplement and
3 not supplant other Federal, State, or local public funds
4 to support unpaid caregivers.
5 SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS WITH IN-
6 TELLECTUAL AND DEVELOPMENTAL DIS-
7 ABILITIES.
8 (a) IN GENERAL.—In addition to amounts otherwise
9 available, there is appropriated to the Secretary of Health
10 and Human Services (referred to in this section as the
11 ‘‘Secretary’’), for fiscal year 2022, out of any money in
12 the Treasury not otherwise appropriated, $25,000,000, to
13 remain available until expended, for carrying out the pur-
14 pose described in subsection (b).
15 (b) USE OF FUNDING.—The Secretary, acting
16 through the Administrator of the Administration for Com-
17 munity Living, shall use amounts appropriated by sub-
18 section (a) for necessary expenses to award grants, con-
19 tracts, or cooperative agreements to public or private non-
20 profit entities pursuant to section 162 of the Develop-
21 mental Disabilities Assistance and Bill of Rights Act of
22 2000 (42 U.S.C. 15082) for initiatives to address the be-
23 havioral health needs of individuals with intellectual and
24 developmental disabilities.
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1 (c) SUPPLEMENT NOT SUPPLANT.—Amounts appro-
2 priated by this section shall be used to supplement and
3 not supplant other Federal, State, or local public funds
4 to support individuals with intellectual and developmental
5 disabilities.
6 SEC. 25008. OFFICE OF THE INSPECTOR GENERAL OF THE
7 DEPARTMENT OF HEALTH AND HUMAN SERV-
8 ICES.
9 In addition to amounts otherwise available, there is
10 appropriated to the Department of Health and Human
11 Services for fiscal year 2022, out of any money in the
12 Treasury not otherwise appropriated, $50,000,000, to re-
13 main available until expended, for the Office of Inspector
14 General of the Department of Health and Human Serv-
15 ices, for salaries and expenses necessary for oversight, in-
16 vestigations, and audits of programs, grants, and projects
17 funded under subtitles D and F of this title.
18 Subtitle G—National Service and
19 Workforce Development in Sup-
20 port of Climate Resilience and
21 Mitigation
22 SEC. 26001. CORPORATION FOR NATIONAL AND COMMU-
23 NITY SERVICE AND THE NATIONAL SERVICE
24 TRUST.
25 (a) AMERICORPS STATE AND NATIONAL.—
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1 (1) IN GENERAL.—In addition to amounts oth-
2 erwise available, there is appropriated for fiscal year
3 2022, out of any money in the Treasury not other-
4 wise appropriated, to the Corporation for National
5 and Community Service, $3,200,000,000, to remain
6 available until September 30, 2026, which shall be
7 used to make funding adjustments to existing (as of
8 the date of enactment of this Act) awards and make
9 new awards to entities (whether or not such entities
10 are already recipients of a grant or other agreement
11 on the date of enactment of this Act) to support na-
12 tional service programs described in paragraphs
13 (1)(A), (2)(A), (3)(A), and (5)(A) of subsection (a),
14 and subsection (b)(2), of section 122 of the National
15 and Community Service Act of 1990 and national
16 service programs carrying out activities described in
17 clauses (i), (ii), (iii), (v), (vi), and (vii) of paragraph
18 (4)(B) of subsection (a) of such section, to increase
19 living allowances and improve benefits of partici-
20 pants in such programs.
21 (2) REQUIREMENTS.—For the purposes of car-
22 rying out paragraph (1)—
23 (A) the Corporation shall waive the re-
24 quirements described in section 121(e)(1) of the
25 National and Community Service Act of 1990,
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1 in whole or in part, if a recipient of a grant or
2 other agreement for such a national service pro-
3 gram demonstrates—
4 (i) the recipient will serve underserved
5 or low-income communities, and a signifi-
6 cant percentage of participants in such
7 program are low-income individuals; and
8 (ii) without such waiver, the recipient
9 cannot meet the requirements of this sec-
10 tion;
11 (B) section 189(a) of such Act shall be ap-
12 plied by substituting ‘‘125 percent of the
13 amount of the minimum living allowance of a
14 full-time participant per full-time equivalent po-
15 sition’’ for ‘‘$18,000 per full-time equivalent
16 position’’; and
17 (C) section 140(a)(1) of such Act shall be
18 applied by substituting ‘‘200 percent of the pov-
19 erty line’’ for ‘‘the average annual subsistence
20 allowance provided to VISTA volunteers under
21 section 105 of the Domestic Volunteer Service
22 Act of 1973 (42 U.S.C. 4955)’’.
23 (b) STATE COMMISSIONS.—
24 (1) IN GENERAL.—In addition to amounts oth-
25 erwise available, there is appropriated for fiscal year
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1 2022, out of any money in the Treasury not other-
2 wise appropriated, to the Corporation for National
3 and Community Service, $400,000,000, to remain
4 available until September 30, 2026, which shall be
5 used to make funding adjustments to existing (as of
6 the date of enactment of this Act) awards and make
7 new awards to States to establish or operate State
8 Commissions on National and Community Service.
9 (2) MATCH WAIVER.—For the purposes of car-
10 rying out paragraph (1), the Corporation shall waive
11 the matching requirement described in section
12 126(a)(2) of the National and Community Service
13 Act of 1990, in whole or in part, for a State Com-
14 mission, if such State Commission demonstrates
15 need for such waiver.
16 (c) NATIONAL CIVILIAN COMMUNITY CORPS.—In ad-
17 dition to amounts otherwise available, there is appro-
18 priated for fiscal year 2022, out of any money in the
19 Treasury not otherwise appropriated, to the Corporation
20 for National and Community Service, $80,000,000, to re-
21 main available until September 30, 2029, which shall be
22 used to increase the living allowance and benefits of par-
23 ticipants in the National Civilian Community Corps au-
24 thorized under section 152 of the National and Commu-
25 nity Service Act of 1990.
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1 (d) AMERICORPS VISTA.—
2 (1) IN GENERAL.—In addition to amounts oth-
3 erwise available, there is appropriated for fiscal year
4 2022, out of any money in the Treasury not other-
5 wise appropriated, to the Corporation for National
6 and Community Service, $600,000,000 to remain
7 available until September 30, 2029, which shall be
8 used to increase the subsistence allowances and im-
9 prove benefits of participants in the Volunteers in
10 Service to America program authorized under sec-
11 tion 102 of the Domestic Volunteer Service Act of
12 1973.
13 (2) REQUIREMENT.—For purposes of carrying
14 out paragraph (1)—
15 (A) section 105(b)(2)(A) of the Domestic
16 Volunteer Service Act of 1973 shall be applied
17 by substituting ‘‘200 percent’’ for ‘‘95 percent’’;
18 and
19 (B) section 105(b)(2)(B) of the Domestic
20 Volunteer Service Act of 1973 shall be applied
21 by substituting ‘‘210 percent’’ for ‘‘105 per-
22 cent’’.
23 (e) NATIONAL SERVICE IN SUPPORT OF CLIMATE
24 RESILIENCE AND MITIGATION.—
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1 (1) IN GENERAL.—In addition to amounts oth-
2 erwise available, there is appropriated for fiscal year
3 2022, out of any money in the Treasury not other-
4 wise appropriated, to the Corporation for National
5 and Community Service, $6,915,000,000, which
6 shall be used for the purposes specified in paragraph
7 (3).
8 (2) AVAILABILITY OF FUNDS.—Amounts appro-
9 priated under paragraph (1) shall—
10 (A) be available until September 30, 2026,
11 for national service programs described in para-
12 graphs (1)(A), (2)(A), (3)(A), and (5)(A) of
13 subsection (a), and subsection (b)(2), of section
14 122 of the National and Community Service
15 Act of 1990 and national service programs car-
16 rying out activities described in clauses (i), (ii),
17 (iii), (v), (vi), and (vii) of paragraph (4)(B) of
18 subsection (a) of such section; and
19 (B) be available until September 30, 2029,
20 for National Civilian Community Corps pro-
21 grams authorized under section 152 of the Na-
22 tional and Community Service Act of 1990 and
23 Volunteers in Service to America programs au-
24 thorized under section 102 of the Domestic Vol-
25 unteer Service Act of 1973.
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1 (3) USE OF FUNDS.—
2 (A) IN GENERAL.—The Corporation shall
3 use amounts appropriated under paragraph (1)
4 to fund programs described in subparagraph
5 (B) to carry out projects or activities described
6 in section 122(a)(3)(B) of the National and
7 Community Service Act of 1990.
8 (B) PROGRAMS.—The programs described
9 in subparagraph (A) shall include—
10 (i) national service programs de-
11 scribed in paragraphs (1)(A), (2)(A),
12 (3)(A), and (5)(A) of subsection (a), and
13 subsection (b)(2), of section 122 of the Na-
14 tional and Community Service Act of 1990
15 and national service programs carrying out
16 activities described in clauses (i), (ii), (iii),
17 (v), (vi), and (vii) of paragraph (4)(B) of
18 subsection (a) of such section;
19 (ii) National Civilian Community
20 Corps programs authorized under section
21 152 of the National and Community Serv-
22 ice Act of 1990; and
23 (iii) Volunteers in Service to America
24 programs authorized under section 102 of
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1 the Domestic Volunteer Service Act of
2 1973.
3 (C) TERMS.—In funding programs de-
4 scribed in subparagraph (A), the Corporation
5 shall ensure—
6 (i) awards are made to entities that
7 serve, and have representation from, low-
8 income communities or communities expe-
9 riencing (or at risk of experiencing) ad-
10 verse health and environmental conditions;
11 (ii) such programs utilize culturally
12 competent and multilingual strategies;
13 (iii) projects carried out through such
14 programs are planned with community
15 input, and implemented by diverse partici-
16 pants who are from communities being
17 served by such programs; and
18 (iv) such programs provide partici-
19 pants with workforce development opportu-
20 nities, such as pre-apprenticeships that ar-
21 ticulate to registered apprenticeship pro-
22 grams, and pathways to post-service em-
23 ployment in high-quality jobs, including
24 registered apprenticeships.
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1 (4) REQUIREMENTS.—For the purposes of car-
2 rying out paragraph (1)—
3 (A) in implementing national service pro-
4 grams described in paragraph (3)(B)(i) and
5 funded by the appropriations specified in para-
6 graph (1)—
7 (i) the Corporation shall waive the re-
8 quirements described in section 121(e)(1)
9 of the National and Community Service
10 Act of 1990, in whole or in part, if a re-
11 cipient of a grant or other agreement for
12 the national service program involved dem-
13 onstrates—
14 (I) the recipient will serve under-
15 served or low-income communities,
16 and a significant percentage of par-
17 ticipants in such program are low-in-
18 come individuals; and
19 (II) without such waiver, the re-
20 cipient cannot meet the requirements
21 of this section;
22 (ii) section 189(a) of the National and
23 Community Service Act of 1990 shall be
24 applied by substituting ‘‘125 percent of the
25 amount of the minimum living allowance of
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1 a full-time participant per full-time equiva-
2 lent position’’ for ‘‘$18,000 per full-time
3 equivalent position’’;
4 (iii) section 140(a)(1) of the National
5 and Community Service Act of 1990 shall
6 be applied by substituting ‘‘200 percent of
7 the poverty line’’ for ‘‘the average annual
8 subsistence allowance provided to VISTA
9 volunteers under section 105 of the Do-
10 mestic Volunteer Service Act of 1973 (42
11 U.S.C. 4955)’’; and
12 (iv) the Corporation shall waive the
13 matching requirement described in section
14 126(a)(2) of the National and Community
15 Service Act of 1990, in whole or in part,
16 for a State Commission, if such State
17 Commission demonstrates need for such
18 waiver; and
19 (B) in implementing national service pro-
20 grams described in paragraph (3)(B)(iii) and
21 funded by the appropriations specified in para-
22 graph (1)—
23 (i) section 105(b)(2)(A) of the Domes-
24 tic Volunteer Service Act of 1973 shall be
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1 applied by substituting ‘‘200 percent’’ for
2 ‘‘95 percent’’; and
3 (ii) section 105(b)(2)(B) of the Do-
4 mestic Volunteer Service Act of 1973 shall
5 be applied by substituting ‘‘210 percent’’
6 for ‘‘105 percent’’.
7 (f) ADMINISTRATIVE COSTS.—
8 (1) IN GENERAL.—In addition to amounts oth-
9 erwise available, there is appropriated for fiscal year
10 2022, out of any money in the Treasury not other-
11 wise appropriated, to the Corporation for National
12 and Community Service, $1,010,400,000, to remain
13 available until September 30, 2029, which shall be
14 used for Federal administrative expenses to carry
15 out programs and activities funded under this sec-
16 tion, including—
17 (A) corrective actions to address rec-
18 ommendations arising from audits of the finan-
19 cial statements of the Corporation and the Na-
20 tional Service Trust, and, in consultation with
21 the Inspector General of the Corporation, the
22 development of fraud prevention and detection
23 controls and risk-based anti-fraud monitoring
24 for grants and other financial assistance funded
25 under this section; and
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1 (B) coordination of efforts and activities
2 with the Departments of Labor and Education
3 to support the national service programs funded
4 under subsections (a), (c), (d), and (e) in im-
5 proving the readiness of participants to transi-
6 tion to high-quality jobs or further education.
7 (2) FISCAL YEAR 2030 PROGRAM ADMINISTRA-
8 TION.—In addition to amounts otherwise available,
9 there is appropriated for fiscal year 2030, out of any
10 money in the Treasury not otherwise appropriated,
11 to the Corporation for National and Community
12 Service, $79,800,000, to remain available until Sep-
13 tember 30, 2030, which shall be used, in fiscal year
14 2030, for Federal administrative expenses to carry
15 out programs and activities funded under this sec-
16 tion.
17 (3) PLAN.—In addition to amounts otherwise
18 available, there is appropriated for fiscal year 2022,
19 out of any money in the Treasury not otherwise ap-
20 propriated, to the Corporation, $300,000, to remain
21 available until September 30, 2023, which shall be
22 used by the Chief Executive Officer of the Corpora-
23 tion to—
24 (A) develop, publish, and implement, not
25 later than 180 days after the date of enactment
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1 of this Act, a project, operations, and manage-
2 ment plan for funds appropriated under this
3 section; and
4 (B) consult with the Secretary of Labor
5 and the Inspector General of the Corporation in
6 developing the plan under subparagraph (A).
7 (4) OUTREACH.—In addition to amounts other-
8 wise made available, there is appropriated for fiscal
9 year 2022, out of any money in the Treasury not
10 otherwise appropriated, to the Corporation for Na-
11 tional and Community Service, $49,500,000, to re-
12 main available until September 30, 2030, for out-
13 reach to and recruitment of members from commu-
14 nities traditionally underrepresented in national
15 service programs and members of a community expe-
16 riencing a significant dislocation of workers, includ-
17 ing energy transition communities.
18 (g) OFFICE OF INSPECTOR GENERAL.—In addition
19 to amounts otherwise available, there is appropriated for
20 fiscal year 2022, out of any money in the Treasury not
21 otherwise appropriated, to the Corporation for National
22 and Community Service, $75,000,000, to remain available
23 until September 30, 2030, which shall be used for the Of-
24 fice of Inspector General of the Corporation for salaries
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1 and expenses necessary for oversight and audit of pro-
2 grams and activities funded under this section.
3 (h) NATIONAL SERVICE TRUST.—
4 (1) IN GENERAL.—In addition to amounts oth-
5 erwise available, there is appropriated for fiscal year
6 2022, out of any money in the Treasury not other-
7 wise appropriated, to the National Service Trust,
8 $1,150,000,000, to remain available until September
9 30, 2030, for—
10 (A) administration of the National Service
11 Trust; and
12 (B) payment to the Trust for the provision
13 of national service educational awards and in-
14 terest expenses—
15 (i) for participants, for a term of serv-
16 ice supported by funds made available
17 under subsection (e); and
18 (ii) pursuant to section 145(a)(1)(A)
19 of the National and Community Service
20 Act of 1990.
21 (2) SUPPLEMENTAL EDUCATIONAL AWARDS.—
22 (A) APPROPRIATION.—In addition to
23 amounts otherwise available, there is appro-
24 priated for fiscal year 2022, out of any money
25 in the Treasury not otherwise appropriated, to
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1 the National Service Trust, $1,660,000,000, to
2 remain available until September 30, 2030, for
3 payment to the National Service Trust for the
4 purpose of providing a supplemental national
5 service educational award to an individual eligi-
6 ble to receive a national service educational
7 award pursuant to section 146(a), and the indi-
8 vidual’s transferee pursuant to section 148(f),
9 of the National and Community Service Act of
10 1990, for a term of service that began after the
11 date of enactment of this Act in a national serv-
12 ice program (including a term of service sup-
13 ported by funds made available under sub-
14 section (e)).
15 (B) AWARD AVAILABILITY.—The supple-
16 mental educational award referred to in sub-
17 paragraph (A) shall be available to an indi-
18 vidual or their transferee described in subpara-
19 graph (A) in accordance with the paragraph
20 (3).
21 (C) CALCULATION.—The amount of the
22 supplemental educational award that shall be
23 available to an individual or their transferee de-
24 scribed in subparagraph (A) shall be calculated
25 as follows:
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1 (i) AMOUNT FOR FULL-TIME NA-
2 TIONAL SERVICE.—For an individual who
3 completes a required term of full-time na-
4 tional service, or the individual’s trans-
5 feree—
6 (I) in a case in which the award
7 year for which the national service po-
8 sition is approved by the Corporation
9 is award year 2022-2023, 50 percent
10 of the maximum amount of a Federal
11 Pell Grant under section 401 of the
12 Higher Education Act of 1965 that a
13 student eligible for such Grant may
14 receive in the aggregate for such
15 award year; and
16 (II) in a case in which the award
17 year for which the national service po-
18 sition is approved by the Corporation
19 is award year 2023-2024 or a subse-
20 quent award year, 50 percent of the
21 total maximum Federal Pell Grant
22 under section 401 of the Higher Edu-
23 cation Act of 1965 that a student eli-
24 gible for such Grant may receive in
25 the aggregate for such award year.
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1 (ii) AMOUNT FOR PART-TIME NA-
2 TIONAL SERVICE.—For an individual who
3 completes a required term of part-time na-
4 tional service, or the individual’s trans-
5 feree, 50 percent of the amount deter-
6 mined under clause (i).
7 (iii) AMOUNT FOR PARTIAL COMPLE-
8 TION OF NATIONAL SERVICE.—For an in-
9 dividual released from completing the full-
10 time or part-time term of service agreed to
11 by the individuals, or the individual’s
12 transferee, the portion of the amount de-
13 termined under clause (i) that corresponds
14 to the portion of the term of service com-
15 pleted by the individual.
16 (3) PERIOD OF AVAILABILITY FOR NATIONAL
17 SERVICE EDUCATIONAL AWARDS.—
18 (A) IN GENERAL.—Notwithstanding sec-
19 tion 146(d) of the National and Community
20 Service Act of 1990, relating to a period of time
21 for use of a national service educational award,
22 or any extensions to such time period granted
23 under section 146(d)(2) of such Act, an indi-
24 vidual eligible to receive a national service edu-
25 cational award for a term of service supported
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1 by funds made available under subsection (e),
2 or the individual’s transferee, and an individual
3 eligible to receive a supplemental educational
4 award described in paragraph (2) for a term of
5 service, or the individual’s transferee, shall not
6 use, after September 30, 2030, the national
7 service educational award or supplemental edu-
8 cational award for the term of service involved,
9 and the national service educational award and
10 supplemental educational award shall be avail-
11 able for the lengths of time described in sub-
12 paragraph (B).
13 (B) LENGTHS OF TIME.—The lengths of
14 time described in this subparagraph are as fol-
15 lows:
16 (i) For an individual who completes
17 the term of service involved by September
18 30, 2023 or the individual’s transferee,
19 until the end of the 7-year period begin-
20 ning on that date.
21 (ii) For an individual who completes
22 such term of service by September 30,
23 2024 or the individual’s transferee, until
24 the end of the 6-year period beginning on
25 that date.
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1 (iii) For an individual who completes
2 such term of service by September 30,
3 2025 or the individual’s transferee, until
4 the end of the 5-year period beginning on
5 that date.
6 (iv) For an individual who completes
7 such term of service by September 30,
8 2026 or the individual’s transferee, until
9 the end of the 4-year period beginning on
10 that date.
11 (v) For an individual who completes
12 such term of service by September 30,
13 2027 or the individual’s transferee, until
14 the end of the 3-year period beginning on
15 that date.
16 (vi) For an individual who completes
17 such term of service by September 30,
18 2028 or the individual’s transferee, until
19 the end of the 2-year period beginning on
20 that date.
21 (vii) For an individual who completes
22 such term of service by September 30,
23 2029 or the individual’s transferee, until
24 the end of the 1-year period beginning on
25 that date.
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1 (i) LIMITATION.—The funds made available under
2 this section are subject to the condition that the Corpora-
3 tion shall not—
4 (1) use such funds to make any transfer to the
5 National Service Trust for any use, or enter into any
6 agreement involving such funds—
7 (A) that is for a term extending beyond
8 September 30, 2031; or
9 (B) for which or under which any payment
10 could be outlaid after September 30, 2031; and
11 (2) use any other funds available to the Cor-
12 poration to liquidate obligations made under this
13 section.
14 (j) DEFINITION.—For purposes of this section, the
15 term ‘‘registered apprenticeship program’’ means an ap-
16 prenticeship program registered with the Office of Appren-
17 ticeship of the Employment and Training Administration
18 of the Department of Labor, or a State apprenticeship
19 agency recognized by the Office of Apprenticeship, pursu-
20 ant to the Act of August 16, 1937 (commonly known as
21 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter
22 663).
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1 SEC. 26002. WORKFORCE DEVELOPMENT IN SUPPORT OF
2 CLIMATE RESILIENCE AND MITIGATION.
3 (a) YOUTHBUILD.—In addition to amounts otherwise
4 available, there is appropriated to the Department of
5 Labor for fiscal year 2022, out of any amounts in the
6 Treasury not otherwise appropriated, $450,000,000, to re-
7 main available until September 30, 2026, to support ac-
8 tivities aligned with high-quality employment opportuni-
9 ties in industry sectors or occupations related to climate
10 resilience or mitigation and aligned with the activities de-
11 scribed in subsection (e)(3) of section 26001 by—
12 (1) carrying out activities described in section
13 171(c)(2) of the Workforce Innovation and Oppor-
14 tunity Act; and
15 (2) improving and expanding access to services,
16 stipends, wages, and benefits described in subpara-
17 graphs (A)(vii) and (F) of section 171(c)(2) of such
18 Act.
19 (b) JOB CORPS.—
20 (1) IN GENERAL.—In addition to amounts oth-
21 erwise available, there is appropriated to the Depart-
22 ment of Labor for fiscal year 2022, out of any
23 amounts in the Treasury not otherwise appropriated,
24 $450,000,000, to remain available until September
25 30, 2026, to support activities aligned with high-
26 quality employment opportunities in industry sectors
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1 or occupations related to climate resilience or miti-
2 gation and aligned with the activities described in
3 subsection (e)(3) of section 26001 by—
4 (A) providing funds to operators and serv-
5 ice providers to—
6 (i) carry out the activities and services
7 described in sections 148 and 149 of the
8 Workforce Innovation and Opportunity
9 Act; and
10 (ii) improve and expand access to al-
11 lowances and services described in section
12 150 of such Act; and
13 (B) notwithstanding section 158(c) of such
14 Act, constructing, rehabilitating, and acquiring
15 Job Corps centers to support activities de-
16 scribed in subparagraph (A).
17 (2) ELIGIBILITY.—For the purposes of carrying
18 out paragraph (1), an entity in a State or outlying
19 area may be eligible to be selected as an operator or
20 service provider.
21 (c) PRE-APPRENTICESHIP, AND REGISTERED AP-
22 PRENTICESHIP PROGRAMS.—
23 (1) PRE-APPRENTICESHIP PROGRAMS.—In addi-
24 tion to amounts otherwise available, there is appro-
25 priated to the Department of Labor for fiscal year
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1 2022, out of any amounts in the Treasury not other-
2 wise appropriated, $1,000,000,000, to remain avail-
3 able until September 30, 2026, to carry out activi-
4 ties through grants, cooperative agreements, con-
5 tracts, or other arrangements, to create or expand
6 pre-apprenticeship programs that articulate to reg-
7 istered apprenticeship programs, are aligned with
8 high-quality employment opportunities in industry
9 sectors or occupations related to climate resilience or
10 mitigation, and are aligned with the activities de-
11 scribed in subsection (e)(3) of section 26001.
12 (2) PRE-APPRENTICESHIP PARTNERSHIPS.—In
13 addition to amounts otherwise available, there is ap-
14 propriated to the Department of Labor for fiscal
15 year 2022, out of any amounts in the Treasury not
16 otherwise appropriated, $150,000,000, to remain
17 available until September 30, 2026, to support part-
18 nerships between entities carrying out pre-appren-
19 ticeship programs that articulate to registered ap-
20 prenticeship programs and entities funded under
21 subsection (e) of section 26001 to ensure past and
22 current participants in programs funded under sub-
23 section (e)(1) of section 26001 have access to such
24 pre-apprenticeship programs.
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1 (3) REGISTERED APPRENTICESHIP PRO-
2 GRAMS.—In addition to amounts otherwise available,
3 there is appropriated to the Department of Labor
4 for fiscal year 2022, out of any amounts in the
5 Treasury not otherwise appropriated, $450,000,000,
6 to remain available until September 30, 2026, to
7 carry out activities through grants, cooperative
8 agreements, contracts, or other arrangements, to
9 create or expand registered apprenticeship programs
10 in climate-related nontraditional apprenticeship oc-
11 cupations.
12 (4) PARTICIPANTS WITH BARRIERS TO EMPLOY-
13 MENT AND NONTRADITIONAL APPRENTICESHIP POP-
14 ULATIONS.—In addition to amounts otherwise avail-
15 able, there is appropriated to the Department of
16 Labor for fiscal year 2022, out of any amounts in
17 the Treasury not otherwise appropriated,
18 $350,000,000, to remain available until September
19 30, 2026, for entities to carry out pre-apprenticeship
20 programs described in paragraph (1), and registered
21 apprenticeship program described in paragraph (3),
22 serving a high number or high percentage of individ-
23 uals with barriers to employment, including individ-
24 uals with disabilities, or nontraditional apprentice-
25 ship populations.
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1 (d) REENTRY EMPLOYMENT OPPORTUNITIES PRO-
2 GRAM.—In addition to amounts otherwise available, there
3 is appropriated to the Department of Labor for fiscal year
4 2022, out of any amounts in the Treasury not otherwise
5 appropriated, $1,000,000,000, to remain available until
6 September 30, 2026, for the Reentry Employment Oppor-
7 tunities program, which amount shall be used to support
8 activities aligned with high-quality employment opportuni-
9 ties in industry sectors or occupations related to climate
10 resilience or mitigation and aligned with the activities de-
11 scribed in subsection (e)(3) of section 26001.
12 (e) PAID YOUTH EMPLOYMENT OPPORTUNITIES.—In
13 addition to amounts otherwise available, there is appro-
14 priated for fiscal year 2022, out of any money in the
15 Treasury not otherwise appropriated, to the Department
16 of Labor, $350,000,000, to remain available until Sep-
17 tember 30, 2026, to carry out activities through grants,
18 contracts, or cooperative agreements, for the purposes of
19 providing in-school youth and out-of-school youth with
20 paid work experiences authorized under section
21 129(c)(2)(C) of the Workforce Innovation and Oppor-
22 tunity Act, notwithstanding section 194(10) of such Act,
23 that are—
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1 (1) carried out by public agencies or private
2 nonprofit entities, including community-based orga-
3 nizations;
4 (2) provided in conjunction with supportive
5 services and other elements described in section
6 129(c)(2) of such Act;
7 (3) aligned with the activities described in sub-
8 section (e)(3) of section 26001; and
9 (4) designed to prepare participants for—
10 (A) high-quality, unsubsidized employment
11 opportunities in industry sectors or occupations
12 related to climate resilience or mitigation;
13 (B) enrollment in an institution of higher
14 education (as defined in section 101 or 102(c)
15 of the Higher Education Act of 1965); and
16 (C) registered apprenticeship programs.
17 (f) DEPARTMENT OF LABOR INSPECTOR GEN-
18 ERAL.—In addition to amounts otherwise available, there
19 is appropriated to the Office of Inspector General of the
20 Department of Labor for fiscal year 2022, out of any
21 money in the Treasury not otherwise appropriated,
22 $10,000,000, to remain available until expended, for sala-
23 ries and expenses necessary for oversight, investigations,
24 and audits of programs, grants, and projects of the De-
25 partment of Labor funded under this section.
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1 (g) ADMINISTRATION.—
2 (1) IN GENERAL.—In addition to amounts oth-
3 erwise available, there is appropriated to the Depart-
4 ment of Labor for fiscal year 2022, out of any
5 money in the Treasury not otherwise appropriated,
6 $69,800,000, to remain available until September
7 30, 2029, for program administration within the De-
8 partment of Labor for salaries and expenses nec-
9 essary to implement this section.
10 (2) PLAN.—In addition to amounts otherwise
11 available, there is appropriated for fiscal year 2022,
12 out of any money in the Treasury not otherwise ap-
13 propriated, to the Department of Labor, $200,000,
14 to remain available until September 30, 2023, which
15 shall be used by the Secretary to—
16 (A) develop, publish, and implement, not
17 later than 180 days after the date of enactment
18 of this Act, a project, operations, and manage-
19 ment plan for funds appropriated under this
20 section; and
21 (B) consult with the Chief Executive Offi-
22 cer of the Corporation for National and Com-
23 munity Service in developing the plan under
24 subparagraph (A).
25 (h) DEFINITION.—For purposes of this section:
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1 (1) CLIMATE-RELATED NONTRADITIONAL AP-
2 PRENTICESHIP OCCUPATION.—The term ‘‘climate-re-
3 lated nontraditional apprenticeship occupation’’
4 means an apprenticeable occupation—
5 (A) that aligns with the activities described
6 in subsection (e)(3) of section 26001;
7 (B) in an industry sector that trains less
8 than 10 percent of all civilian registered ap-
9 prentices as of the date of the enactment of this
10 Act; and
11 (C) that is related to climate resilience or
12 mitigation.
13 (2) REGISTERED APPRENTICESHIP PROGRAM.—
14 The term ‘‘registered apprenticeship program’’
15 means an apprenticeship program registered with
16 the Office of Apprenticeship of the Employment and
17 Training Administration of the Department of
18 Labor, or a State apprenticeship agency recognized
19 by the Office of Apprenticeship, pursuant to the Act
20 of August 16, 1937 (commonly known as the ‘‘Na-
21 tional Apprenticeship Act’’; 50 Stat. 664, chapter
22 663).
23 (3) WIOA DEFINITIONS.—The terms ‘‘commu-
24 nity-based organization’’, ‘‘individual with a barrier
25 to employment’’, ‘‘in-school youth’’, ‘‘outlying area’’,
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1 and ‘‘out-of-school youth’’ have the meanings given
2 such terms in paragraphs (10), (24), (27), (45), and
3 (46), respectively, of section 3 of the Workforce In-
4 novation and Opportunity Act.
5 Subtitle H—Prescription Drug
6 Coverage Provisions
7 SEC. 27001. REQUIREMENTS WITH RESPECT TO COST-SHAR-
8 ING FOR CERTAIN INSULIN PRODUCTS.
9 (a) IN GENERAL.—Subpart B of part 7 of subtitle
10 B of title I of the Employee Retirement Income Security
11 Act of 1974 (29 U.S.C. 1185 et seq.) is amended by add-
12 ing at the end the following:
13 ‘‘SEC. 726. REQUIREMENTS WITH RESPECT TO COST-SHAR-
14 ING FOR CERTAIN INSULIN PRODUCTS.
15 ‘‘(a) IN GENERAL.—For plan years beginning on or
16 after January 1, 2023, a group health plan or health in-
17 surance issuer offering group health insurance coverage
18 shall provide coverage of selected insulin products, and
19 with respect to such products, shall not—
20 ‘‘(1) apply any deductible; or
21 ‘‘(2) impose any cost-sharing in excess of the
22 lesser of, per 30-day supply—
23 ‘‘(A) $35; or
24 ‘‘(B) the amount equal to 25 percent of
25 the negotiated price of the selected insulin prod-
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1 uct net of all price concessions received by or on
2 behalf of the plan or coverage, including price
3 concessions received by or on behalf of third-
4 party entities providing services to the plan or
5 coverage, such as pharmacy benefit manage-
6 ment services.
7 ‘‘(b) DEFINITIONS.—In this section:
8 ‘‘(1) SELECTED INSULIN PRODUCTS.—The term
9 ‘selected insulin products’ means at least one of each
10 dosage form (such as vial, pump, or inhaler dosage
11 forms) of each different type (such as rapid-acting,
12 short-acting, intermediate-acting, long-acting, ultra
13 long-acting, and premixed) of insulin (as defined
14 below), when available, as selected by the group
15 health plan or health insurance issuer.
16 ‘‘(2) INSULIN DEFINED.—The term ‘insulin’
17 means insulin that is licensed under subsection (a)
18 or (k) of section 351 of the Public Health Service
19 Act (42 U.S.C. 262) and continues to be marketed
20 under such section, including any insulin product
21 that has been deemed to be licensed under section
22 351(a) of such Act pursuant to section 7002(e)(4)
23 of the Biologics Price Competition and Innovation
24 Act of 2009 (Public Law 111–148) and continues to
25 be marketed pursuant to such licensure.
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1 ‘‘(c) OUT-OF-NETWORK PROVIDERS.—Nothing in
2 this section requires a plan or issuer that has a network
3 of providers to provide benefits for selected insulin prod-
4 ucts described in this section that are delivered by an out-
5 of-network provider, or precludes a plan or issuer that has
6 a network of providers from imposing higher cost-sharing
7 than the levels specified in subsection (a) for selected insu-
8 lin products described in this section that are delivered
9 by an out-of-network provider.
10 ‘‘(d) RULE OF CONSTRUCTION.—Subsection (a) shall
11 not be construed to require coverage of, or prevent a group
12 health plan or health insurance coverage from imposing
13 cost-sharing other than the levels specified in subsection
14 (a) on, insulin products that are not selected insulin prod-
15 ucts, to the extent that such coverage is not otherwise re-
16 quired and such cost-sharing is otherwise permitted under
17 Federal and applicable State law.
18 ‘‘(e) APPLICATION OF COST-SHARING TOWARDS
19 DEDUCTIBLES AND OUT-OF-POCKET MAXIMUMS.—Any
20 cost-sharing payments made pursuant to subsection (a)(2)
21 shall be counted toward any deductible or out-of-pocket
22 maximum that applies under the plan or coverage.’’.
23 (b) CLERICAL AMENDMENT.—The table of contents
24 in section 1 of the Employee Retirement Income Security
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1 Act of 1974 (29 U.S.C. 1001 et seq.) is amended by in-
2 serting after the item relating to section 725 the following:
‘‘Sec. 726. Requirements with respect to cost-sharing for certain insulin prod-
ucts.’’.
3 SEC. 27002. OVERSIGHT OF PHARMACY BENEFIT MANAGER
4 SERVICES.
5 (a) IN GENERAL.—Subtitle B of title I of the Em-
6 ployee Retirement Income Security Act of 1974 (29
7 U.S.C. 1021 et seq.) is amended—
8 (1) in subpart B of part 7 (29 U.S.C. 1185 et
9 seq.), by adding at the end the following:
10 ‘‘SEC. 727. OVERSIGHT OF PHARMACY BENEFIT MANAGER
11 SERVICES.
12 ‘‘(a) IN GENERAL.—For plan years beginning on or
13 after January 1, 2023, a group health plan (or health in-
14 surance issuer offering group health insurance coverage
15 in connection with such a plan) or an entity or subsidiary
16 providing pharmacy benefits management services on be-
17 half of such a plan or issuer shall not enter into a contract
18 with a drug manufacturer, distributor, wholesaler, subcon-
19 tractor, rebate aggregator, or any associated third party
20 that limits the disclosure of information to plan sponsors
21 in such a manner that prevents the plan or issuer, or an
22 entity or subsidiary providing pharmacy benefits manage-
23 ment services on behalf of a plan or issuer, from making
24 the reports described in subsection (b).
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1 ‘‘(b) REPORTS.—
2 ‘‘(1) IN GENERAL.—For plan years beginning
3 on or after January 1, 2023, not less frequently
4 than once every 6 months, a health insurance issuer
5 offering group health insurance coverage or an enti-
6 ty providing pharmacy benefits management services
7 on behalf of a group health plan or an issuer pro-
8 viding group health insurance coverage shall submit
9 to the plan sponsor (as defined in section 3(16)(B))
10 of such group health plan or group health insurance
11 coverage a report in accordance with this subsection
12 and make such report available to the plan sponsor
13 in a machine-readable format. Each such report
14 shall include, with respect to the applicable group
15 health plan or health insurance coverage—
16 ‘‘(A) as applicable, information collected
17 from drug manufacturers by such issuer or en-
18 tity on the total amount of copayment assist-
19 ance dollars paid, or copayment cards applied,
20 that were funded by the drug manufacturer
21 with respect to the participants and bene-
22 ficiaries in such plan or coverage;
23 ‘‘(B) a list of each drug covered by such
24 plan, issuer, or entity providing pharmacy ben-
25 efit management services that was dispensed
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1 during the reporting period, including, with re-
2 spect to each such drug during the reporting
3 period—
4 ‘‘(i) the brand name, chemical entity,
5 and National Drug Code;
6 ‘‘(ii) the number of participants and
7 beneficiaries for whom the drug was filled
8 during the plan year, the total number of
9 prescription fills for the drug (including
10 original prescriptions and refills), and the
11 total number of dosage units of the drug
12 dispensed across the plan year, including
13 whether the dispensing channel was by re-
14 tail, mail order, or specialty pharmacy;
15 ‘‘(iii) the wholesale acquisition cost,
16 listed as cost per days supply and cost per
17 pill, or in the case of a drug in another
18 form, per dose;
19 ‘‘(iv) the total out-of-pocket spending
20 by participants and beneficiaries on such
21 drug, including participant and beneficiary
22 spending through copayments, coinsurance,
23 and deductibles; and
24 ‘‘(v) for any drug for which gross
25 spending of the group health plan or
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1 health insurance coverage exceeded
2 $10,000 during the reporting period—
3 ‘‘(I) a list of all other drugs in
4 the same therapeutic category or
5 class, including brand name drugs
6 and biological products and generic
7 drugs or biosimilar biological products
8 that are in the same therapeutic cat-
9 egory or class as such drug; and
10 ‘‘(II) the rationale for preferred
11 formulary placement of such drug in
12 that therapeutic category or class;
13 ‘‘(C) a list of each therapeutic category or
14 class of drugs that were dispensed under the
15 health plan or health insurance coverage during
16 the reporting period, and, with respect to each
17 such therapeutic category or class of drugs,
18 during the reporting period—
19 ‘‘(i) total gross spending by the plan,
20 before manufacturer rebates, fees, or other
21 manufacturer remuneration;
22 ‘‘(ii) the number of participants and
23 beneficiaries who filled a prescription for a
24 drug in that category or class;
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1 ‘‘(iii) if applicable to that category or
2 class, a description of the formulary tiers
3 and utilization mechanisms (such as prior
4 authorization or step therapy) employed
5 for drugs in that category or class;
6 ‘‘(iv) the total out-of-pocket spending
7 by participants and beneficiaries, including
8 participant and beneficiary spending
9 through copayments, coinsurance, and
10 deductibles; and
11 ‘‘(v) for each therapeutic category or
12 class under which 3 or more drugs are in-
13 cluded on the formulary of such plan or
14 coverage—
15 ‘‘(I) the amount received, or ex-
16 pected to be received, from drug man-
17 ufacturers in rebates, fees, alternative
18 discounts, or other remuneration—
19 ‘‘(aa) to be paid by drug
20 manufacturers for claims in-
21 curred during the reporting pe-
22 riod; or
23 ‘‘(bb) that is related to utili-
24 zation of drugs, in such thera-
25 peutic category or class;
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1 ‘‘(II) the total net spending, after
2 deducting rebates, price concessions,
3 alternative discounts or other remu-
4 neration from drug manufacturers, by
5 the health plan or health insurance
6 coverage on that category or class of
7 drugs; and
8 ‘‘(III) the net price per course of
9 treatment or single fill, such as a 30-
10 day supply or 90-day supply, incurred
11 by the health plan or health insurance
12 coverage and its participants and
13 beneficiaries, after manufacturer re-
14 bates, fees, and other remuneration
15 for drugs dispensed within such thera-
16 peutic category or class during the re-
17 porting period;
18 ‘‘(D) total gross spending on prescription
19 drugs by the plan or coverage during the re-
20 porting period, before rebates and other manu-
21 facturer fees or remuneration;
22 ‘‘(E) total amount received, or expected to
23 be received, by the health plan or health insur-
24 ance coverage in drug manufacturer rebates,
25 fees, alternative discounts, and all other remu-
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1 neration received from the manufacturer or any
2 third party, other than the plan sponsor, re-
3 lated to utilization of drug or drug spending
4 under that health plan or health insurance cov-
5 erage during the reporting period;
6 ‘‘(F) the total net spending on prescription
7 drugs by the health plan or health insurance
8 coverage during the reporting period; and
9 ‘‘(G) amounts paid directly or indirectly in
10 rebates, fees, or any other type of remuneration
11 to brokers, consultants, advisors, or any other
12 individual or firm who referred the group health
13 plan’s or health insurance issuer’s business to
14 the pharmacy benefit manager.
15 ‘‘(2) PRIVACY REQUIREMENTS.—Health insur-
16 ance issuers offering group health insurance cov-
17 erage and entities providing pharmacy benefits man-
18 agement services on behalf of a group health plan
19 shall provide information under paragraph (1) in a
20 manner consistent with the privacy, security, and
21 breach notification regulations promulgated under
22 section 264(c) of the Health Insurance Portability
23 and Accountability Act of 1996, and shall restrict
24 the use and disclosure of such information according
25 to such privacy regulations.
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1 ‘‘(3) DISCLOSURE AND REDISCLOSURE.—
2 ‘‘(A) LIMITATION TO BUSINESS ASSOCI-
3 ATES.—A group health plan receiving a report
4 under paragraph (1) may disclose such informa-
5 tion only to business associates of such plan as
6 defined in section 160.103 of title 45, Code of
7 Federal Regulations (or successor regulations).
8 ‘‘(B) CLARIFICATION REGARDING PUBLIC
9 DISCLOSURE OF INFORMATION.—Nothing in
10 this section prevents a health insurance issuer
11 offering group health insurance coverage or an
12 entity providing pharmacy benefits management
13 services on behalf of a group health plan from
14 placing reasonable restrictions on the public dis-
15 closure of the information contained in a report
16 described in paragraph (1), except that such
17 issuer or entity may not restrict disclosure of
18 such report to the Department of Health and
19 Human Services, the Department of Labor, or
20 the Department of the Treasury.
21 ‘‘(C) LIMITED FORM OF REPORT.—The
22 Secretary shall define through rulemaking a
23 limited form of the report under paragraph (1)
24 required of plan sponsors who are drug manu-
25 facturers, drug wholesalers, or other direct par-
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1 ticipants in the drug supply chain, in order to
2 prevent anti-competitive behavior.
3 ‘‘(4) REPORT TO GAO.—A health insurance
4 issuer offering group health insurance coverage or
5 an entity providing pharmacy benefits management
6 services on behalf of a group health plan shall sub-
7 mit to the Comptroller General of the United States
8 each of the first 4 reports submitted to a plan spon-
9 sor under paragraph (1) with respect to such cov-
10 erage or plan, and other such reports as requested,
11 in accordance with the privacy requirements under
12 paragraph (2) and the disclosure and redisclosure
13 standards under paragraph (3), and such other in-
14 formation that the Comptroller General determines
15 necessary to carry out the study under section
16 30606(b) of the Act entitled ‘An Act to provide for
17 reconciliation pursuant to title II of S. Con. Res.
18 14’.
19 ‘‘(c) ENFORCEMENT.—
20 ‘‘(1) IN GENERAL.—The Secretary, in consulta-
21 tion with the Secretary of Health and Human Serv-
22 ices and the Secretary of the Treasury, shall enforce
23 this section.
24 ‘‘(2) FAILURE TO PROVIDE TIMELY INFORMA-
25 TION.—A health insurance issuer or an entity pro-
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1 viding pharmacy benefit management services that
2 violates subsection (a) or fails to provide information
3 required under subsection (b), or a drug manufac-
4 turer that fails to provide information under sub-
5 section (b)(1)(A) in a timely manner, shall be sub-
6 ject to a civil monetary penalty in the amount of
7 $10,000 for each day during which such violation
8 continues or such information is not disclosed or re-
9 ported.
10 ‘‘(3) FALSE INFORMATION.—A health insurance
11 issuer, entity providing pharmacy benefit manage-
12 ment services, or drug manufacturer that knowingly
13 provides false information under this section shall be
14 subject to a civil money penalty in an amount not
15 to exceed $100,000 for each item of false informa-
16 tion. Such civil money penalty shall be in addition to
17 other penalties as may be prescribed by law.
18 ‘‘(4) PROCEDURE.—The provisions of section
19 1128A of the Social Security Act, other than sub-
20 section (a) and (b) and the first sentence of sub-
21 section (c)(1) of such section shall apply to civil
22 monetary penalties under this subsection in the
23 same manner as such provisions apply to a penalty
24 or proceeding under section 1128A of the Social Se-
25 curity Act.
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1 ‘‘(5) WAIVERS.—The Secretary may waive pen-
2 alties under paragraph (2), or extend the period of
3 time for compliance with a requirement of this sec-
4 tion, for an entity in violation of this section that
5 has made a good-faith effort to comply with this sec-
6 tion.
7 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
8 tion shall be construed to permit a health insurance issuer,
9 group health plan, or other entity to restrict disclosure to,
10 or otherwise limit the access of, the Department of Labor
11 to a report described in subsection (b)(1) or information
12 related to compliance with subsection (a) by such issuer,
13 plan, or entity.
14 ‘‘(e) DEFINITION.—In this section, the term ‘whole-
15 sale acquisition cost’ has the meaning given such term in
16 section 1847A(c)(6)(B) of the Social Security Act.’’; and
17 (2) in section 502(b)(3) (29 U.S.C.
18 1132(b)(3)), by inserting ‘‘(other than section 727)’’
19 after ‘‘part 7’’.
20 (b) CLERICAL AMENDMENT.—The table of contents
21 in section 1 of the Employee Retirement Income Security
22 Act of 1974 (29 U.S.C. 1001 et seq.) is amended by in-
23 serting after the item relating to section 726 the following
24 new item:
‘‘Sec. 727. Oversight of pharmacy benefit manager services.’’.
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1 TITLE III—COMMITTEE ON
2 ENERGY AND COMMERCE
3 Subtitle A—Air Pollution
4 SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.
5 The Clean Air Act is amended by inserting after sec-
6 tion 131 of such Act (42 U.S.C. 7431) the following:
7 ‘‘SEC. 132. CLEAN HEAVY-DUTY VEHICLES.
8 ‘‘(a) APPROPRIATIONS.—
9 ‘‘(1) IN GENERAL.—In addition to amounts
10 otherwise available, there is appropriated to the Ad-
11 ministrator for fiscal year 2022, out of any money
12 in the Treasury not otherwise appropriated,
13 $3,000,000,000, to remain available until September
14 30, 2031, to carry out this section.
15 ‘‘(2) NONATTAINMENT AREAS.—In addition to
16 amounts otherwise available, there is appropriated to
17 the Administrator for fiscal year 2022, out of any
18 money in the Treasury not otherwise appropriated,
19 $2,000,000,000, to remain available until September
20 30, 2031, to make awards under this section to eligi-
21 ble recipients and to eligible contractors that propose
22 to replace eligible vehicles to serve 1 or more com-
23 munities located in an air quality area designated
24 pursuant to section 107 as nonattainment for any
25 air pollutant.
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1 ‘‘(3) RESERVATION.—Of the funds appro-
2 priated by paragraph (1), the Administrator shall re-
3 serve 3 percent for administrative costs necessary to
4 carry out this section.
5 ‘‘(b) PROGRAM.—Beginning not later than 180 days
6 after the date of enactment of this section, the Adminis-
7 trator shall implement a program to make awards of
8 grants and rebates to eligible recipients, and to make
9 awards of contracts to eligible contractors for providing
10 rebates, for up to 100 percent of costs for—
11 ‘‘(1) replacing eligible vehicles with zero-emis-
12 sion vehicles;
13 ‘‘(2) purchasing, installing, operating, and
14 maintaining infrastructure needed to charge, fuel, or
15 maintain zero-emission vehicles;
16 ‘‘(3) workforce development and training to
17 support the maintenance, charging, fueling, and op-
18 eration of zero-emission vehicles; and
19 ‘‘(4) planning and technical activities to support
20 the adoption and deployment of zero-emission vehi-
21 cles.
22 ‘‘(c) APPLICATIONS.—To seek an award under this
23 section, an eligible recipient or eligible contractor shall
24 submit to the Administrator an application at such time,
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1 in such manner, and containing such information as the
2 Administrator shall prescribe.
3 ‘‘(d) DEFINITIONS.—For purposes of this section:
4 ‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligi-
5 ble contractor’ means a contractor that has the ca-
6 pacity—
7 ‘‘(A) to sell zero-emission vehicles, or
8 charging or other equipment needed to charge,
9 fuel, or maintain zero-emission vehicles, to indi-
10 viduals or entities that own an eligible vehicle;
11 or
12 ‘‘(B) to arrange financing for such a sale.
13 ‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible
14 recipient’ means—
15 ‘‘(A) a State;
16 ‘‘(B) a municipality;
17 ‘‘(C) an Indian tribe; or
18 ‘‘(D) a nonprofit school transportation as-
19 sociation.
20 ‘‘(3) ELIGIBLE VEHICLE.—The term ‘eligible
21 vehicle’ means a Class 6 or Class 7 heavy-duty vehi-
22 cle as defined in section 1037.801 of title 40, Code
23 of Federal Regulations (as in effect on the date of
24 enactment of this section).
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1 ‘‘(4) ZERO-EMISSION VEHICLE.—The term
2 ‘zero-emission vehicle’ means a vehicle that has a
3 drivetrain that produces, under any possible oper-
4 ational mode or condition, zero exhaust emissions
5 of—
6 ‘‘(A) any air pollutant that is listed pursu-
7 ant to section 108(a) (or any precursor to such
8 an air pollutant); and
9 ‘‘(B) any greenhouse gas.’’.
10 SEC. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
11 The Clean Air Act is amended by inserting after sec-
12 tion 132 of such Act, as added by section 30101 of this
13 Act, the following:
14 ‘‘SEC. 133. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
15 ‘‘(a) APPROPRIATIONS.—
16 ‘‘(1) GENERAL ASSISTANCE.—In addition to
17 amounts otherwise available, there is appropriated to
18 the Administrator for fiscal year 2022, out of any
19 money in the Treasury not otherwise appropriated,
20 $2,625,000,000, to remain available until September
21 30, 2027, to award rebates and grants to eligible re-
22 cipients on a competitive basis—
23 ‘‘(A) to purchase or install zero-emission
24 port equipment or technology for use at, or to
25 directly serve, one or more ports;
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1 ‘‘(B) to conduct any relevant planning or
2 permitting in connection with the purchase or
3 installation of such zero-emission port equip-
4 ment or technology; and
5 ‘‘(C) to develop qualified climate action
6 plans.
7 ‘‘(2) NONATTAINMENT AREAS.—In addition to
8 amounts otherwise available, there is appropriated to
9 the Administrator for fiscal year 2022, out of any
10 money in the Treasury not otherwise appropriated,
11 $875,000,000, to remain available until September
12 30, 2027, to award rebates and grants to eligible re-
13 cipients to carry out activities described in para-
14 graph (1) with respect to ports located in air quality
15 areas designated pursuant to section 107 as non-
16 attainment for an air pollutant.
17 ‘‘(b) LIMITATION.—Funds awarded under this sec-
18 tion shall not be used by any recipient or subrecipient to
19 purchase or install zero-emission port equipment or tech-
20 nology that will not be located at, or directly serve, the
21 one or more ports involved.
22 ‘‘(c) ADMINISTRATION OF FUNDS.—Of the funds
23 made available by this section, the Administrator shall re-
24 serve 2 percent for administrative costs necessary to carry
25 out this section.
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1 ‘‘(d) DEFINITIONS.—In this section:
2 ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible
3 recipient’ means—
4 ‘‘(A) a port authority;
5 ‘‘(B) a State, regional, local, or Tribal
6 agency that has jurisdiction over a port author-
7 ity or a port;
8 ‘‘(C) an air pollution control agency; or
9 ‘‘(D) a private entity (including a non-
10 profit organization) that—
11 ‘‘(i) applies for a grant under this sec-
12 tion in partnership with an entity de-
13 scribed in any of subparagraphs (A)
14 through (C); and
15 ‘‘(ii) owns, operates, or uses the facili-
16 ties, cargo-handling equipment, transpor-
17 tation equipment, or related technology of
18 a port.
19 ‘‘(2) QUALIFIED CLIMATE ACTION PLAN.—The
20 term ‘qualified climate action plan’ means a detailed
21 and strategic plan that—
22 ‘‘(A) establishes goals, implementation
23 strategies, and accounting and inventory prac-
24 tices (including practices used to measure
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1 progress toward stated goals) to reduce emis-
2 sions at one or more ports of—
3 ‘‘(i) greenhouse gases;
4 ‘‘(ii) an air pollutant that is listed
5 pursuant to section 108(a) (or any pre-
6 cursor to such an air pollutant); and
7 ‘‘(iii) hazardous air pollutants;
8 ‘‘(B) includes a strategy to collaborate
9 with, communicate with, and address potential
10 effects on stakeholders that may be affected by
11 implementation of the plan, including low-in-
12 come and disadvantaged near-port communities;
13 and
14 ‘‘(C) describes how an eligible recipient has
15 implemented or will implement measures to in-
16 crease the resilience of the one or more ports
17 involved, including measures related to with-
18 standing and recovering from extreme weather
19 events.
20 ‘‘(3) ZERO-EMISSION PORT EQUIPMENT OR
21 TECHNOLOGY.—The term ‘zero-emission port equip-
22 ment or technology’ means human-operated equip-
23 ment or human-maintained technology that—
24 ‘‘(A) produces zero emissions of any air
25 pollutant that is listed pursuant to section
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1 108(a) (or any precursor to such an air pollut-
2 ant) and any greenhouse gas other than water
3 vapor; or
4 ‘‘(B) captures 100 percent of the emissions
5 described in subparagraph (A) that are pro-
6 duced by an ocean-going vessel at berth.’’.
7 SEC. 30103. GREENHOUSE GAS REDUCTION FUND.
8 The Clean Air Act is amended by inserting after sec-
9 tion 133 of such Act, as added by section 30102 of this
10 Act, the following:
11 ‘‘SEC. 134. GREENHOUSE GAS REDUCTION FUND.
12 ‘‘(a) APPROPRIATIONS.—
13 ‘‘(1) ZERO-EMISSION TECHNOLOGIES.—In addi-
14 tion to amounts otherwise available, there is appro-
15 priated to the Administrator for fiscal year 2022,
16 out of any money in the Treasury not otherwise ap-
17 propriated, $7,000,000,000, to remain available
18 until September 30, 2024, to make grants, on a
19 competitive basis and beginning not later than 180
20 calendar days after the date of enactment of this
21 section, to States, municipalities, Tribal govern-
22 ments, and eligible recipients for the purposes of
23 providing grants, loans, or other forms of financial
24 assistance, as well as technical assistance, to enable
25 low-income and disadvantaged communities to de-
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1 ploy or benefit from zero-emission technologies, in-
2 cluding distributed technologies on residential roof-
3 tops, and to carry out other greenhouse gas emission
4 reduction activities, as determined appropriate by
5 the Administrator in accordance with this section.
6 ‘‘(2) ZERO-EMISSION VEHICLE SUPPLY EQUIP-
7 MENT.—In addition to amounts otherwise available,
8 there is appropriated to the Administrator for fiscal
9 year 2022, out of any money in the Treasury not
10 otherwise appropriated, $2,000,000,000, to remain
11 available until September 30, 2024, to make grants,
12 on a competitive basis and beginning not later than
13 180 calendar days after the date of enactment of
14 this section, to States, municipalities, Tribal govern-
15 ments, and eligible recipients to support the pur-
16 chase, installation, or operation of publicly available
17 equipment to charge or fuel light-duty zero-emission
18 vehicles, including in low-income and disadvantaged
19 communities, through grants, rebates, or other
20 forms of financial assistance, and to carry out re-
21 lated greenhouse gas emission reduction activities, as
22 determined appropriate by the Administrator in ac-
23 cordance with this section.
24 ‘‘(3) GENERAL ASSISTANCE.—In addition to
25 amounts otherwise available, there is appropriated to
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1 the Administrator for fiscal year 2022, out of any
2 money in the Treasury not otherwise appropriated,
3 $11,970,000,000, to remain available until Sep-
4 tember 30, 2024, to make grants, on a competitive
5 basis and beginning not later than 180 calendar
6 days after the date of enactment of this section, to
7 eligible recipients for the purposes of providing fi-
8 nancial assistance and technical assistance in ac-
9 cordance with subsection (b).
10 ‘‘(4) LOW-INCOME AND DISADVANTAGED COM-
11 MUNITIES.—In addition to amounts otherwise avail-
12 able, there is appropriated to the Administrator for
13 fiscal year 2022, out of any money in the Treasury
14 not otherwise appropriated, $8,000,000,000, to re-
15 main available until September 30, 2024, to make
16 grants, on a competitive basis and beginning not
17 later than 180 calendar days after the date of enact-
18 ment of this section, to eligible recipients for the
19 purposes of providing financial assistance and tech-
20 nical assistance in low-income and disadvantaged
21 communities in accordance with subsection (b).
22 ‘‘(5) ADMINISTRATIVE COSTS.—In addition to
23 amounts otherwise available, there is appropriated to
24 the Administrator for fiscal year 2022, out of any
25 money in the Treasury not otherwise appropriated,
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1 $30,000,000, to remain available until September
2 30, 2031, for the administrative costs necessary to
3 carry out activities under this section.
4 ‘‘(b) USE OF FUNDS.—An eligible recipient that re-
5 ceives a grant pursuant to subsection (a) shall use the
6 grant in accordance with the following:
7 ‘‘(1) DIRECT INVESTMENT.—The eligible recipi-
8 ent shall—
9 ‘‘(A) use a broad range of finance and in-
10 vestment tools to provide financial assistance to
11 qualified projects at the national, regional,
12 State, and local levels, including, as applicable,
13 through both concessionary and market rate fi-
14 nancing;
15 ‘‘(B) prioritize investment in qualified
16 projects that would otherwise lack access to fi-
17 nancing;
18 ‘‘(C) retain, manage, recycle, and monetize
19 all repayments and other revenue received from
20 fees, interest, repaid loans, and all other types
21 of financial assistance provided using grant
22 funds under this section to ensure continued
23 operability; and
24 ‘‘(D) meet any requirements set forth by
25 the Administrator to ensure accountability and
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1 proper management of funds appropriated by
2 this section.
3 ‘‘(2) INDIRECT INVESTMENT.—The eligible re-
4 cipient shall provide funding and technical assistance
5 to establish new or support existing public, quasi-
6 public, or nonprofit entities that provide financial as-
7 sistance to qualified projects at the State, local, ter-
8 ritorial, or Tribal level or in the District of Colum-
9 bia, including community- and low-income-focused
10 lenders and capital providers.
11 ‘‘(c) DEFINITIONS.—In this section:
12 ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible
13 recipient’ means a nonprofit organization that—
14 ‘‘(A) is designed to provide capital, includ-
15 ing by leveraging private capital, and other
16 forms of financial assistance for the rapid de-
17 ployment of low- and zero-emission products,
18 technologies, and services;
19 ‘‘(B) does not take deposits other than de-
20 posits from repayments and other revenue re-
21 ceived from financial assistance provided using
22 grant funds under this section;
23 ‘‘(C) is funded by public or charitable con-
24 tributions; and
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1 ‘‘(D) invests in or finances projects alone
2 or in conjunction with other investors.
3 ‘‘(2) QUALIFIED PROJECT.—The term ‘qualified
4 project’ includes any project, activity, or technology
5 that—
6 ‘‘(A) reduces or avoids greenhouse gas
7 emissions and other forms of air pollution in
8 partnership with, and by leveraging investment
9 from, the private sector; or
10 ‘‘(B) assists communities in the efforts of
11 those communities to reduce or avoid green-
12 house gas emissions and other forms of air pol-
13 lution.
14 ‘‘(3) PUBLICLY AVAILABLE EQUIPMENT.—The
15 term ‘publicly available equipment’ means equipment
16 that—
17 ‘‘(A) is located at a multi-unit housing
18 structure;
19 ‘‘(B) is located at a workplace and is avail-
20 able to employees of such workplace or employ-
21 ees of a nearby workplace; or
22 ‘‘(C) is at a location that is publicly acces-
23 sible for a minimum of 12 hours per day at
24 least 5 days per week and networked or other-
25 wise capable of being monitored remotely.
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1 ‘‘(4) ZERO-EMISSION TECHNOLOGY.—The term
2 ‘zero-emission technology’ means any technology
3 that produces zero emissions of—
4 ‘‘(A) any air pollutant that is listed pursu-
5 ant to section 108(a) (or any precursor to such
6 an air pollutant); and
7 ‘‘(B) any greenhouse gas.
8 ‘‘(5) ZERO-EMISSION VEHICLE.—The term
9 ‘zero-emission vehicle’ means a vehicle that has a
10 drivetrain that produces, under any possible oper-
11 ational mode or condition, zero exhaust emissions
12 of—
13 ‘‘(A) any air pollutant that is listed pursu-
14 ant to section 108(a) (or any precursor to such
15 an air pollutant); and
16 ‘‘(B) any greenhouse gas.’’.
17 SEC. 30104. COLLABORATIVE COMMUNITY WILDFIRE AIR
18 GRANTS.
19 (a) IN GENERAL.—In addition to amounts otherwise
20 available, there is appropriated to the Administrator of the
21 Environmental Protection Agency for fiscal year 2022, out
22 of any money in the Treasury not otherwise appropriated,
23 $150,000,000, to remain available until September 30,
24 2031, for grants authorized under subsections (a) through
25 (c) of section 103 of the Clean Air Act (42 U.S.C.
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1 7403(a)–(c)) to assist eligible entities in developing and
2 implementing collaborative community plans to prepare
3 for smoke from wildfires, reduce risks of smoke exposure
4 due to wildfires, and mitigate the health and environ-
5 mental effects of smoke from wildfires.
6 (b) TECHNICAL ASSISTANCE.—The Administrator of
7 the Environmental Protection Agency may use amounts
8 made available under subsection (a) to provide technical
9 assistance to any eligible entity in—
10 (1) submitting an application for a grant to be
11 made pursuant to this section; or
12 (2) carrying out a project using a grant made
13 pursuant to this section.
14 (c) ADMINISTRATIVE COSTS.—Of the amounts made
15 available under subsection (a), the Administrator of the
16 Environmental Protection Agency shall reserve 5 percent
17 for administrative costs to carry out this section.
18 (d) ELIGIBLE ENTITIES.—In this section, the term
19 ‘‘eligible entity’’ means a State, an air pollution control
20 agency, a municipality, or an Indian tribe (as such terms
21 are defined in section 302 of the Clean Air Act (42 U.S.C.
22 7602)).
23 SEC. 30105. DIESEL EMISSIONS REDUCTIONS.
24 (a) GOODS MOVEMENT.—In addition to amounts oth-
25 erwise available, there is appropriated to the Adminis-
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1 trator of the Environmental Protection Agency for fiscal
2 year 2022, out of any money in the Treasury not otherwise
3 appropriated, $60,000,000, to remain available until Sep-
4 tember 30, 2031, for grants, rebates, and loans under sec-
5 tion 792 of the Energy Policy Act of 2005 (42 U.S.C.
6 16132) to identify and reduce diesel emissions resulting
7 from goods movement facilities, and vehicles servicing
8 goods movement facilities, in low-income and disadvan-
9 taged communities to address the health impacts of such
10 emissions on such communities.
11 (b) ADMINISTRATIVE COSTS.—The Administrator of
12 the Environmental Protection Agency shall reserve 2 per-
13 cent of the amounts made available under this section for
14 the administrative costs necessary to carry out activities
15 pursuant to this section.
16 SEC. 30106. FUNDING TO ADDRESS AIR POLLUTION.
17 (a) APPROPRIATIONS.—
18 (1) FENCELINE AIR MONITORING AND SCREEN-
19 ING AIR MONITORING.—In addition to amounts oth-
20 erwise available, there is appropriated to the Admin-
21 istrator of the Environmental Protection Agency for
22 fiscal year 2022, out of any money in the Treasury
23 not otherwise appropriated, $117,500,000, to remain
24 available until September 30, 2031, for grants and
25 other activities authorized under subsections (a)
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1 through (c) of section 103 and section 105 of the
2 Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to de-
3 ploy, integrate, support, and maintain fenceline air
4 monitoring, screening air monitoring, national air
5 toxics trend stations, and other air toxics and com-
6 munity monitoring.
7 (2) MULTIPOLLUTANT MONITORING STA-
8 TIONS.—In addition to amounts otherwise available,
9 there is appropriated to the Administrator of the
10 Environmental Protection Agency for fiscal year
11 2022, out of any money in the Treasury not other-
12 wise appropriated, $50,000,000, to remain available
13 until September 30, 2031, for grants and other ac-
14 tivities authorized under subsections (a) through (c)
15 of section 103 and section 105 of the Clean Air Act
16 (42 U.S.C. 7403(a)–(c), 7405)—
17 (A) to expand the national ambient air
18 quality monitoring network with new multi-
19 pollutant monitoring stations; and
20 (B) to replace, repair, operate, and main-
21 tain existing monitors.
22 (3) AIR QUALITY SENSORS IN LOW-INCOME AND
23 DISADVANTAGED COMMUNITIES.—In addition to
24 amounts otherwise available, there is appropriated to
25 the Administrator of the Environmental Protection
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1 Agency for fiscal year 2022, out of any money in the
2 Treasury not otherwise appropriated, $3,000,000, to
3 remain available until September 30, 2031, for
4 grants and other activities authorized under sub-
5 sections (a) through (c) of section 103 and section
6 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
7 7405) to deploy, integrate, and operate air quality
8 sensors in low-income and disadvantaged commu-
9 nities.
10 (4) EMISSIONS FROM WOOD HEATERS.—In ad-
11 dition to amounts otherwise available, there is ap-
12 propriated to the Administrator of the Environ-
13 mental Protection Agency for fiscal year 2022, out
14 of any money in the Treasury not otherwise appro-
15 priated, $15,000,000, to remain available until Sep-
16 tember 30, 2031, for grants and other activities au-
17 thorized under subsections (a) through (c) of section
18 103 and section 105 of the Clean Air Act (42 U.S.C.
19 7403(a)–(c), 7405) for testing and other agency ac-
20 tivities to address emissions from wood heaters.
21 (5) METHANE MONITORING.—In addition to
22 amounts otherwise available, there is appropriated to
23 the Administrator of the Environmental Protection
24 Agency for fiscal year 2022, out of any money in the
25 Treasury not otherwise appropriated, $20,000,000,
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1 to remain available until September 30, 2031, for
2 grants and other activities authorized under sub-
3 sections (a) through (c) of section 103 and section
4 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
5 7405) for monitoring emissions of methane.
6 (6) CLEAN AIR ACT GRANTS.—In addition to
7 amounts otherwise available, there is appropriated to
8 the Administrator of the Environmental Protection
9 Agency for fiscal year 2022, out of any money in the
10 Treasury not otherwise appropriated, $25,000,000,
11 to remain available until September 30, 2031, for
12 grants and other activities authorized under sub-
13 sections (a) through (c) of section 103 and section
14 105 of the Clean Air Act (42 U.S.C. 7403(a)–(c),
15 7405).
16 (7) OTHER ACTIVITIES.—In addition to
17 amounts otherwise available, there is appropriated to
18 the Administrator of the Environmental Protection
19 Agency for fiscal year 2022, out of any money in the
20 Treasury not otherwise appropriated, $45,000,000,
21 to remain available until September 30, 2031, to
22 carry out, with respect to greenhouse gases, sections
23 111, 115, 165, 177, 202, 211, 213, 231, and 612
24 of the Clean Air Act (42 U.S.C. 7411, 7415, 7475,
25 7507, 7521, 7545, 7547, 7571, and 7671k).
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1 (8) GREENHOUSE GAS AND ZERO-EMISSION
2 STANDARDS FOR MOBILE SOURCES.—In addition to
3 amounts otherwise available, there is appropriated to
4 the Administrator of the Environmental Protection
5 Agency for fiscal year 2022, out of any money in the
6 Treasury not otherwise appropriated, $5,000,000, to
7 remain available until September 30, 2031, to pro-
8 vide grants to States to adopt and implement green-
9 house gas and zero-emission standards for mobile
10 sources pursuant to section 177 of the Clean Air Act
11 (42 U.S.C. 7507).
12 (b) ADMINISTRATION OF FUNDS.—Of the funds
13 made available pursuant to paragraphs (1), (2), (5) and
14 (6) of subsection (a), the Administrator of the Environ-
15 mental Protection Agency shall reserve 5 percent for ac-
16 tivities funded pursuant to such subsection other than
17 grants.
18 SEC. 30107. FUNDING TO ADDRESS AIR POLLUTION AT
19 SCHOOLS.
20 (a) IN GENERAL.—In addition to amounts otherwise
21 available, there is appropriated to the Administrator of the
22 Environmental Protection Agency for fiscal year 2022, out
23 of any money in the Treasury not otherwise appropriated,
24 $37,500,000, to remain available until September 30,
25 2031, for grants and other activities to monitor and re-
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1 duce air pollution and greenhouse gas emissions at schools
2 in low-income and disadvantaged communities under sub-
3 sections (a) through (c) of section 103 of the Clean Air
4 Act (42 U.S.C. 7403(a)–(c)) and section 105 of that Act
5 (42 U.S.C. 7405).
6 (b) TECHNICAL ASSISTANCE.—In addition to
7 amounts otherwise available, there is appropriated to the
8 Administrator of the Environmental Protection Agency for
9 fiscal year 2022, out of any money in the Treasury not
10 otherwise appropriated, $12,500,000, to remain available
11 until September 30, 2031, for providing technical assist-
12 ance to schools in low-income and disadvantaged commu-
13 nities under subsections (a) through (c) of section 103 of
14 the Clean Air Act (42 U.S.C. 7403(a)–(c)) and section
15 105 of that Act (42 U.S.C. 7405)—
16 (1) to address environmental issues;
17 (2) to develop school environmental quality
18 plans that include standards for school building, de-
19 sign, construction, and renovation; and
20 (3) to identify and mitigate ongoing air pollu-
21 tion hazards.
22 SEC. 30108. LOW EMISSIONS ELECTRICITY PROGRAM.
23 The Clean Air Act is amended by inserting after sec-
24 tion 134 of such Act, as added by section 30103 of this
25 Act, the following:
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1 ‘‘SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.
2 ‘‘(a) APPROPRIATION.—In addition to amounts oth-
3 erwise available, there is appropriated to the Adminis-
4 trator for fiscal year 2022, out of any money in the Treas-
5 ury not otherwise appropriated, to remain available until
6 September 30, 2031—
7 ‘‘(1) $17,000,000 for consumer-related edu-
8 cation and partnerships with respect to reductions in
9 greenhouse gas emissions that result from domestic
10 electricity generation and use;
11 ‘‘(2) $17,000,000 for education, technical as-
12 sistance, and partnerships within low-income and
13 disadvantaged communities with respect to reduc-
14 tions in greenhouse gas emissions that result from
15 domestic electricity generation and use;
16 ‘‘(3) $17,000,000 for industry-related outreach
17 and technical assistance, including through partner-
18 ships, with respect to reductions in greenhouse gas
19 emissions that result from domestic electricity gen-
20 eration and use;
21 ‘‘(4) $17,000,000 for outreach and technical as-
22 sistance to State and local governments, including
23 through partnerships, with respect to reductions in
24 greenhouse gas emissions that result from domestic
25 electricity generation and use;
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1 ‘‘(5) $1,000,000 to assess, not later than 1 year
2 after the date of enactment of this section, the re-
3 ductions in greenhouse gas emissions that result
4 from changes in domestic electricity generation and
5 use that are anticipated to occur on an annual basis
6 through fiscal year 2031; and
7 ‘‘(6) $18,000,000 to carry out this section to
8 ensure that reductions in greenhouse gas emissions
9 from domestic electricity generation and use are
10 achieved through use of the authorities of this Act,
11 including through the establishment of requirements
12 under this Act, incorporating the assessment under
13 paragraph (5) as a baseline.
14 ‘‘(b) ADMINISTRATION OF FUNDS.—Of the amounts
15 made available under subsection (a), the Administrator
16 shall reserve 2 percent for the administrative costs nec-
17 essary to carry out activities pursuant to that sub-
18 section.’’.
19 SEC. 30109. FUNDING FOR SECTION 211(O) OF THE CLEAN
20 AIR ACT.
21 (a) TEST AND PROTOCOL DEVELOPMENT.—In addi-
22 tion to amounts otherwise available, there is appropriated
23 to the Administrator of the Environmental Protection
24 Agency for fiscal year 2022, out of any money in the
25 Treasury not otherwise appropriated, $5,000,000, to re-
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1 main available until September 30, 2031, to carry out sec-
2 tion 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) with
3 respect to—
4 (1) the development and establishment of tests
5 and protocols regarding the environmental and pub-
6 lic health effects of a fuel or fuel additive;
7 (2) internal and extramural data collection and
8 analyses to regularly update applicable regulations,
9 guidance, and procedures for determining lifecycle
10 greenhouse gas emissions of a fuel; and
11 (3) the review, analysis and evaluation of the
12 impacts of all transportation fuels, including fuel
13 lifecycle implications, on the general public and on
14 low-income and disadvantaged communities.
15 (b) INVESTMENTS IN ADVANCED BIOFUELS.—In ad-
16 dition to amounts otherwise available, there is appro-
17 priated to the Administrator of the Environmental Protec-
18 tion Agency for fiscal year 2022, out of any money in the
19 Treasury not otherwise appropriated, $10,000,000, to re-
20 main available until September 30, 2031, for new grants
21 to industry and other related activities under section
22 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) to sup-
23 port investments in advanced biofuels.
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1 SEC. 30110. FUNDING FOR IMPLEMENTATION OF THE
2 AMERICAN INNOVATION AND MANUFAC-
3 TURING ACT.
4 (a) APPROPRIATIONS.—
5 (1) IN GENERAL.—In addition to amounts oth-
6 erwise available, there is appropriated to the Admin-
7 istrator of the Environmental Protection Agency for
8 fiscal year 2022, out of any money in the Treasury
9 not otherwise appropriated, $20,000,000, to remain
10 available until September 30, 2026, to carry out
11 subsections (a) through (i) and subsection (k) of sec-
12 tion 103 of division S of Public Law 116–260 (42
13 U.S.C. 7675).
14 (2) IMPLEMENTATION AND COMPLIANCE
15 TOOLS.—In addition to amounts otherwise available,
16 there is appropriated to the Administrator of the
17 Environmental Protection Agency for fiscal year
18 2022, out of any money in the Treasury not other-
19 wise appropriated, $3,500,000, to remain available
20 until September 30, 2026, to deploy new implemen-
21 tation and compliance tools to carry out subsections
22 (a) through (i) and subsection (k) of section 103 of
23 division S of Public Law 116–260 (42 U.S.C. 7675).
24 (3) COMPETITIVE GRANTS.—In addition to
25 amounts otherwise available, there is appropriated to
26 the Administrator of the Environmental Protection
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1 Agency for fiscal year 2022, out of any money in the
2 Treasury not otherwise appropriated, $15,000,000,
3 to remain available until September 30, 2026, for
4 competitive grants for reclaim and innovative de-
5 struction technologies under subsections (a) through
6 (i) and subsection (k) of section 103 of division S
7 of Public Law 116–260 (42 U.S.C. 7675).
8 (b) ADMINISTRATION OF FUNDS.—Of the funds
9 made available pursuant to subsection (a)(3), the Admin-
10 istrator of the Environmental Protection Agency shall re-
11 serve 5 percent for administrative costs necessary to carry
12 out activities pursuant to such subsection.
13 SEC. 30111. FUNDING FOR ENFORCEMENT TECHNOLOGY
14 AND PUBLIC INFORMATION.
15 (a) COMPLIANCE MONITORING.—In addition to
16 amounts otherwise available, there is appropriated to the
17 Administrator of the Environmental Protection Agency for
18 fiscal year 2022, out of any money in the Treasury not
19 otherwise appropriated, $37,000,000, to remain available
20 until September 30, 2031, to update the Integrated Com-
21 pliance Information System of the Environmental Protec-
22 tion Agency and any associated systems, necessary infor-
23 mation technology infrastructure, or public access soft-
24 ware tools to ensure access to compliance data and related
25 information.
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1 (b) COMMUNICATIONS WITH ICIS.—In addition to
2 amounts otherwise available, there is appropriated to the
3 Administrator of the Environmental Protection Agency for
4 fiscal year 2022, out of any money in the Treasury not
5 otherwise appropriated, $7,000,000, to remain available
6 until September 30, 2031, for grants to States, Indian
7 tribes, and air pollution control agencies (as such terms
8 are defined in section 302 of the Clean Air Act (42 U.S.C.
9 7602)) to update their systems to ensure communication
10 with the Integrated Compliance Information System of the
11 Environmental Protection Agency and any associated sys-
12 tems.
13 (c) INSPECTION SOFTWARE.—In addition to amounts
14 otherwise available, there is appropriated to the Adminis-
15 trator of the Environmental Protection Agency for fiscal
16 year 2022, out of any money in the Treasury not otherwise
17 appropriated, $6,000,000, to remain available until Sep-
18 tember 30, 2031—
19 (1) to acquire or update inspection software for
20 use by the Environmental Protection Agency, States,
21 Indian tribes, and air pollution control agencies (as
22 such terms are defined in section 302 of the Clean
23 Air Act (42 U.S.C. 7602)); or
24 (2) to acquire necessary devices on which to run
25 such inspection software.
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1 SEC. 30112. GREENHOUSE GAS CORPORATE REPORTING.
2 In addition to amounts otherwise available, there is
3 appropriated to the Administrator of the Environmental
4 Protection Agency for fiscal year 2022, out of any money
5 in the Treasury not otherwise appropriated, $5,000,000,
6 to remain available until September 30, 2031, for the En-
7 vironmental Protection Agency to support—
8 (1) enhanced standardization and transparency
9 of corporate climate action commitments and plans
10 to reduce greenhouse gas emissions;
11 (2) enhanced transparency regarding progress
12 toward meeting such commitments and imple-
13 menting such plans; and
14 (3) progress toward meeting such commitments
15 and implementing such plans.
16 SEC. 30113. ENVIRONMENTAL PRODUCT DECLARATION AS-
17 SISTANCE.
18 (a) IN GENERAL.—In addition to amounts otherwise
19 available, there is appropriated to the Administrator of the
20 Environmental Protection Agency for fiscal year 2022, out
21 of any money in the Treasury not otherwise appropriated,
22 $250,000,000, to remain available until September 30,
23 2031, to develop and carry out a program to support the
24 development, and enhanced standardization and trans-
25 parency, of environmental product declarations for con-
26 struction materials and products, including by—
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1 (1) providing grants to businesses that manu-
2 facture construction materials and products for de-
3 veloping and verifying environmental product dec-
4 larations, and to States, Indian Tribes, and non-
5 profit organizations that will support such busi-
6 nesses;
7 (2) providing technical assistance to businesses
8 that manufacture construction materials and prod-
9 ucts in developing and verifying environmental prod-
10 uct declarations, and to States, Indian Tribes, and
11 nonprofit organizations that will support such busi-
12 nesses; and
13 (3) carrying out other activities that assist in
14 measuring, reporting, and steadily reducing the
15 quantity of embodied carbon of construction mate-
16 rials and products.
17 (b) ADMINISTRATIVE COSTS.—Of the amounts made
18 available under this section, the Administrator of the En-
19 vironmental Protection Agency shall reserve 5 percent for
20 administrative costs necessary to carry out this section.
21 (c) DEFINITIONS.—In this section:
22 (1) EMBODIED CARBON.—The term ‘‘embodied
23 carbon’’ means the quantity of greenhouse gas emis-
24 sions associated with all relevant stages of produc-
25 tion of a material or product, measured in kilograms
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1 of carbon dioxide-equivalent per unit of such mate-
2 rial or product.
3 (2) ENVIRONMENTAL PRODUCT DECLARA-
4 TION.—The term ‘‘environmental product declara-
5 tion’’ means a document that reports the environ-
6 mental impact of a material or product that—
7 (A) includes measurement of the embodied
8 carbon of the material or product;
9 (B) conforms with international standards,
10 such as a Type III environmental product dec-
11 laration, as defined by the International Orga-
12 nization for Standardization standard 14025;
13 and
14 (C) is developed in accordance with any
15 standardized reporting criteria specified by the
16 Administrator of the Environmental Protection
17 Agency.
18 (3) STATE.—The term ‘‘State’’ has the mean-
19 ing given to that term in section 302(d) of the Clean
20 Air Act (42 U.S.C. 7602(d)).
21 SEC. 30114. METHANE EMISSIONS REDUCTION PROGRAM.
22 The Clean Air Act is amended by inserting after sec-
23 tion 135 of such Act, as added by section 30108 of this
24 Act, the following:
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1 ‘‘SEC. 136. METHANE EMISSIONS AND WASTE REDUCTION
2 INCENTIVE PROGRAM FOR PETROLEUM AND
3 NATURAL GAS SYSTEMS.
4 ‘‘(a) INCENTIVES FOR METHANE MITIGATION AND
5 MONITORING.—In addition to amounts otherwise avail-
6 able, there is appropriated to the Administrator for fiscal
7 year 2022, out of any money in the Treasury not otherwise
8 appropriated, $775,000,000, to remain available until
9 September 30, 2028—
10 ‘‘(1) for grants, rebates, contracts, loans, and
11 other activities of the Environmental Protection
12 Agency for the purposes of providing financial and
13 technical assistance to owners and operators of ap-
14 plicable facilities to prepare and submit greenhouse
15 gas reports under subpart W of part 98 of title 40,
16 Code of Federal Regulations (or any successor regu-
17 lations);
18 ‘‘(2) for grants, rebates, contracts, loans, and
19 other activities of the Environmental Protection
20 Agency authorized under subsections (a) through (c)
21 of section 103 for methane emissions monitoring;
22 ‘‘(3) for grants, rebates, contracts, loans, and
23 other activities of the Environmental Protection
24 Agency for the purposes of providing financial and
25 technical assistance to reduce methane and other
26 greenhouse gas emissions from petroleum and nat-
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1 ural gas systems, mitigate legacy air pollution from
2 petroleum and natural gas systems, and provide sup-
3 port for communities, including funding for—
4 ‘‘(A) improving climate resiliency of com-
5 munities and petroleum and natural gas sys-
6 tems;
7 ‘‘(B) improving and deploying industrial
8 equipment and processes that reduce methane
9 and other greenhouse gas emissions and waste;
10 ‘‘(C) supporting innovation in reducing
11 methane and other greenhouse gas emissions
12 and waste from petroleum and natural gas sys-
13 tems;
14 ‘‘(D) mitigating health effects of methane
15 and other greenhouse gas emissions, and legacy
16 air pollution from petroleum and natural gas
17 systems in low-income and disadvantaged com-
18 munities; and
19 ‘‘(E) supporting environmental restoration;
20 and
21 ‘‘(4) to cover all direct and indirect costs re-
22 quired to administer this section, including the costs
23 of implementing the waste emissions charge under
24 subsection (b), preparing inventories, gathering em-
25 pirical data, and tracking emissions.
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1 ‘‘(b) WASTE EMISSIONS CHARGE.—The Adminis-
2 trator shall impose and collect a charge on methane emis-
3 sions that exceed an applicable waste emissions threshold
4 under subsection (e) from an owner or operator of an ap-
5 plicable facility that is required to report methane emis-
6 sions pursuant to subpart W of part 98 of title 40, Code
7 of Federal Regulations (or any successor regulations).
8 ‘‘(c) APPLICABLE FACILITY.—For purposes of this
9 section, the term ‘applicable facility’ means a facility with-
10 in the following industry segments, as defined in subpart
11 W of part 98 of title 40, Code of Federal Regulations (or
12 any successor regulations):
13 ‘‘(1) Offshore petroleum and natural gas pro-
14 duction.
15 ‘‘(2) Onshore petroleum and natural gas pro-
16 duction.
17 ‘‘(3) Onshore natural gas processing,
18 ‘‘(4) Onshore natural gas transmission com-
19 pression.
20 ‘‘(5) Underground natural gas storage.
21 ‘‘(6) Liquefied natural gas storage.
22 ‘‘(7) Liquefied natural gas import and export
23 equipment.
24 ‘‘(8) Onshore petroleum and natural gas gath-
25 ering and boosting.
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1 ‘‘(9) Onshore natural gas transmission pipeline.
2 ‘‘(d) CHARGE AMOUNT.—The amount of a charge
3 under subsection (b) for an applicable facility shall be
4 equal to the product obtained by multiplying—
5 ‘‘(1) the number of tons of methane emissions
6 reported pursuant to subpart W of part 98 of title
7 40, Code of Federal Regulations (or any successor
8 regulations) for the applicable facility that exceed
9 the applicable annual waste emissions threshold list-
10 ed in subsection (e) during the previous reporting
11 period; and
12 ‘‘(2)(A) $900 for emissions reported for cal-
13 endar year 2023;
14 ‘‘(B) $1200 for emissions reported for calendar
15 year 2024; or
16 ‘‘(C) $1500 for emissions reported for calendar
17 year 2025 and each year thereafter.
18 ‘‘(e) WASTE EMISSIONS THRESHOLD.—
19 ‘‘(1) PETROLEUM AND NATURAL GAS PRODUC-
20 TION.—With respect to imposing and collecting the
21 charge under subsection (b) for an applicable facility
22 in an industry segment listed in paragraph (1) or
23 (2) of subsection (c), the Administrator shall impose
24 and collect the charge on the reported tons of meth-
25 ane emissions that exceed—
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1 ‘‘(A) 0.20 percent of the natural gas sent
2 to sale from such facility; or
3 ‘‘(B) 10 metric tons of methane per million
4 barrels of oil sent to sale from such facility, if
5 such facility sent no natural gas to sale.
6 ‘‘(2) NONPRODUCTION PETROLEUM AND NAT-
7 URAL GAS SYSTEMS.—With respect to imposing and
8 collecting the charge under subsection (b) for an ap-
9 plicable facility in an industry segment listed in
10 paragraph (3), (6), (7), or (8) of subsection (c), the
11 Administrator shall impose and collect the charge on
12 the reported tons of methane emissions that exceed
13 0.05 percent of the natural gas sent to sale from
14 such facility.
15 ‘‘(3) NATURAL GAS TRANSMISSION.—With re-
16 spect to imposing and collecting the charge under
17 subsection (b) for an applicable facility in an indus-
18 try segment listed in paragraph (4), (5), or (9) of
19 subsection (c), the Administrator shall impose and
20 collect the charge on the reported tons of methane
21 emissions that exceed 0.11 percent of the natural
22 gas sent to sale from such facility.
23 ‘‘(4) EXEMPTION.—Charges shall not be im-
24 posed pursuant to paragraph (1) on emissions that
25 exceed the waste emissions threshold specified in
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1 such paragraph if such emissions are caused by un-
2 reasonable delay in environmental permitting of
3 gathering infrastructure.
4 ‘‘(f) PERIOD.—The charge under subsection (b) shall
5 be imposed and collected beginning with respect to emis-
6 sions reported for calendar year 2023 and for each year
7 thereafter.
8 ‘‘(g) IMPLEMENTATION.—In addition to other au-
9 thorities in this Act addressing air pollution from the oil
10 and natural gas sectors, the Administrator may issue
11 guidance or regulations as necessary to carry out this sec-
12 tion.
13 ‘‘(h) REPORTING.—Not later than 2 years after the
14 date of enactment of this section, and as necessary there-
15 after, the Administrator shall revise the requirements of
16 subpart W of part 98 of title 40, Code of Federal Regula-
17 tions—
18 ‘‘(1) to reduce the facility emissions threshold
19 for reporting under such subpart and for paying the
20 charge imposed under this section to 10,000 metric
21 tons of carbon dioxide equivalent of greenhouse
22 gases emitted per year; and
23 ‘‘(2) to ensure the reporting under such sub-
24 part, and calculation of charges under subsections
25 (d) and (e) of this section, are based on empirical
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1 data and accurately reflect the total methane emis-
2 sions and waste emissions from the applicable facili-
3 ties.
4 ‘‘(i) LIABILITY FOR CHARGE PAYMENT.—A facility
5 owner or operator’s liability for payment of the charge
6 under subsection (b) is not affected in any way by emis-
7 sion standards, permit fees, penalties, or other require-
8 ments under this Act or any other legal authorities.’’.
9 SEC. 30115. FUNDING FOR THE OFFICE OF THE INSPECTOR
10 GENERAL OF THE ENVIRONMENTAL PROTEC-
11 TION AGENCY.
12 In addition to amounts otherwise made available,
13 there is appropriated to the Office of the Inspector Gen-
14 eral of the Environmental Protection Agency for fiscal
15 year 2022, out of any money in the Treasury not otherwise
16 appropriated, $50,000,000, to remain available until Sep-
17 tember 30, 2031, for oversight of activities supported with
18 funds appropriated to the Environmental Protection Agen-
19 cy in this Act.
20 SEC. 30116. CLIMATE POLLUTION REDUCTION GRANTS.
21 The Clean Air Act is amended by inserting after sec-
22 tion 136 of such Act, as added by section 30114 of this
23 Act, the following:
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1 ‘‘SEC. 137. GREENHOUSE GAS AIR POLLUTION PLANS AND
2 IMPLEMENTATION GRANTS.
3 ‘‘(a) APPROPRIATIONS.—
4 ‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN-
5 NING GRANTS.—In addition to amounts otherwise
6 available, there is appropriated to the Administrator
7 for fiscal year 2022, out of any amounts in the
8 Treasury not otherwise appropriated, $250,000,000,
9 to remain available until September 30, 2031, to
10 carry out subsection (b).
11 ‘‘(2) GREENHOUSE GAS AIR POLLUTION IMPLE-
12 MENTATION GRANTS.—In addition to amounts other-
13 wise available, there is appropriated to the Adminis-
14 trator for fiscal year 2022, out of any amounts in
15 the Treasury not otherwise appropriated,
16 $4,750,000,000, to remain available until September
17 30, 2026, to carry out subsection (c).
18 ‘‘(3) ADMINISTRATIVE COSTS.—Of the funds
19 made available under paragraph (2), the Adminis-
20 trator shall reserve 3 percent for administrative
21 costs necessary to carry out this section, including
22 providing technical assistance to eligible entities, de-
23 veloping a plan that could be used as a model by
24 grantees in developing a plan under subsection (b),
25 and modeling the effects of plans described in this
26 section.
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1 ‘‘(b) GREENHOUSE GAS AIR POLLUTION PLANNING
2 GRANTS.—The Administrator shall make a grant to at
3 least one eligible entity in each State for the costs of devel-
4 oping a plan for the reduction of greenhouse gas air pollu-
5 tion to be submitted with an application for a grant under
6 subsection (c). Each such plan shall include programs,
7 policies, measures, and projects that will achieve or facili-
8 tate the reduction of greenhouse gas air pollution. Not
9 later than 270 days after the date of enactment of this
10 section, the Administrator shall publish a funding oppor-
11 tunity announcement for grants under this subsection.
12 ‘‘(c) GREENHOUSE GAS AIR POLLUTION REDUCTION
13 IMPLEMENTATION GRANTS.—
14 ‘‘(1) IN GENERAL.—The Administrator shall
15 competitively award grants to eligible entities to im-
16 plement plans developed under subsection (b).
17 ‘‘(2) APPLICATION.—To apply for a grant
18 under this subsection, an eligible entity shall submit
19 to the Administrator an application at such time, in
20 such manner, and containing such information as
21 the Administrator shall require, which such applica-
22 tion shall include information regarding—
23 ‘‘(A) the degree to which greenhouse gas
24 air pollution is projected to be reduced, includ-
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1 ing with respect to low-income and disadvan-
2 taged communities; and
3 ‘‘(B) the quantifiability, specificity,
4 additionality, permanence, and verifiability of
5 such projected greenhouse gas air pollution re-
6 duction.
7 ‘‘(3) TERMS AND CONDITIONS.—The Adminis-
8 trator shall make funds available to a grantee under
9 this subsection in such amounts, upon such a sched-
10 ule, and subject to such conditions based on its per-
11 formance in implementing its plan submitted under
12 this section and in achieving projected greenhouse
13 gas air pollution reduction, as determined by the Ad-
14 ministrator.
15 ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section,
16 the term ‘eligible entity’ means—
17 ‘‘(1) a State;
18 ‘‘(2) an air pollution control agency;
19 ‘‘(3) a municipality;
20 ‘‘(4) an Indian tribe; and
21 ‘‘(5) a group of one or more entities listed in
22 paragraphs (1) through (4).’’.
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1 SEC. 30117. ENVIRONMENTAL PROTECTION AGENCY EFFI-
2 CIENT, ACCURATE, AND TIMELY REVIEWS.
3 In addition to amounts otherwise available, there is
4 appropriated to the Environmental Protection Agency for
5 fiscal year 2022, out of any money in the Treasury not
6 otherwise appropriated, $20,000,000, to remain available
7 until September 30, 2026, to provide for the development
8 of efficient, accurate, and timely reviews for permitting
9 and approval processes through the hiring and training
10 of personnel, the development of programmatic docu-
11 ments, the procurement of technical or scientific services
12 for reviews, the development of environmental data or in-
13 formation systems, stakeholder and community engage-
14 ment, the purchase of new equipment for environmental
15 analysis, and the development of geographic information
16 systems and other analysis tools, techniques, and guidance
17 to improve agency transparency, accountability, and public
18 engagement.
19 SEC. 30118. LOW-EMBODIED CARBON LABELING FOR CON-
20 STRUCTION MATERIALS FOR TRANSPOR-
21 TATION PROJECTS.
22 (a) IN GENERAL.—In addition to amounts otherwise
23 available, there is appropriated to the Administrator of the
24 Environmental Protection Agency for fiscal year 2022, out
25 of any money in the Treasury not otherwise appropriated,
26 $100,000,000, to remain available until September 30,
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1 2026, to develop and carry out a program, in consultation
2 with the Administrator of the Federal Highway Adminis-
3 tration, to identify and label, based on environmental
4 product declarations, low-embodied carbon construction
5 materials and products used for transportation projects,
6 and for necessary administrative costs of the Adminis-
7 trator of the Environmental Protection Agency to carry
8 out this section.
9 (b) DEFINITIONS.—In this section:
10 (1) EMBODIED CARBON.—The term ‘‘embodied
11 carbon’’ means the quantity of greenhouse gas emis-
12 sions associated with all relevant stages of produc-
13 tion of a material or product, measured in kilograms
14 of carbon dioxide-equivalent per unit of such mate-
15 rial or product.
16 (2) ENVIRONMENTAL PRODUCT DECLARA-
17 TION.—The term ‘‘environmental product declara-
18 tion’’ means a document that reports the environ-
19 mental impact of a material or product that—
20 (A) includes measurement of the embodied
21 carbon of the material or product;
22 (B) conforms with international standards,
23 such as a Type III environmental product dec-
24 laration as defined by the International Organi-
25 zation for Standardization standard 14025; and
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1 (C) is developed in accordance with any
2 standardized reporting criteria specified by the
3 Administrator of the Environmental Protection
4 Agency.
5 (3) LOW-EMBODIED CARBON CONSTRUCTION
6 MATERIALS AND PRODUCTS.—The term ‘‘low-em-
7 bodied carbon construction materials and products’’
8 means construction materials and products identified
9 by the Administrator of the Environmental Protec-
10 tion Agency as having substantially lower levels of
11 embodied carbon as compared to estimated industry
12 averages of similar materials or products.
13 Subtitle B—Hazardous Materials
14 SEC. 30201. GRANTS TO REDUCE WASTE IN COMMUNITIES.
15 The Solid Waste Disposal Act is amended by insert-
16 ing after section 7010 (42 U.S.C. 6979b) the following:
17 ‘‘SEC. 7011. GRANTS TO REDUCE WASTE IN COMMUNITIES.
18 ‘‘(a) APPROPRIATIONS.—
19 ‘‘(1) ORGANICS RECYCLING AND FOOD
20 WASTE.—In addition to amounts otherwise available,
21 there is appropriated to the Administrator for fiscal
22 year 2022, out of any money in the Treasury not
23 otherwise appropriated, $95,000,000, to remain
24 available until September 30, 2031, to make grants,
25 on a competitive basis, to eligible recipients for
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1 projects in, or directly serving, low-income or dis-
2 advantaged communities to—
3 ‘‘(A) construct, expand, or modernize in-
4 frastructure for recycling and reuse of organic
5 material, including any facility, machinery, or
6 equipment used to collect and process organic
7 material; or
8 ‘‘(B) measure, reduce, and prevent food
9 waste.
10 ‘‘(2) OTHER WASTE REDUCTION ACTIVITIES.—
11 In addition to amounts otherwise available, there is
12 appropriated to the Administrator for fiscal year
13 2022, out of any money in the Treasury not other-
14 wise appropriated, $95,000,000, to remain available
15 until September 30, 2031, to make grants, on a
16 competitive basis, to eligible recipients for projects
17 in, or directly serving, low-income or disadvantaged
18 communities to—
19 ‘‘(A) reduce the amount of waste generated
20 from manufacturing processes or when con-
21 sumer products are disposed of, including by
22 encouraging product or manufacturing redesign
23 or redevelopment that reduces packaging and
24 waste byproducts;
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1 ‘‘(B) create market demand or manufac-
2 turing capacity for recovered, recyclable, or re-
3 cycled commodities and products, including
4 compost; or
5 ‘‘(C) support the development and imple-
6 mentation of activities that reduce the amount
7 of waste disposed of in landfills or prevent the
8 disposal of waste in landfills, including—
9 ‘‘(i) expanding the availability of
10 source-separated organic waste collection;
11 ‘‘(ii) encouraging diversion of organic
12 waste from landfills; or
13 ‘‘(iii) increasing fees imposed on the
14 disposal of waste, including organic waste,
15 at landfills.
16 ‘‘(b) ADMINISTRATION OF FUNDS.—Of the amounts
17 made available under subsection (a), the Administrator
18 shall reserve 5 percent for the administrative costs nec-
19 essary to carry out activities pursuant to that subsection.
20 ‘‘(c) DEFINITION OF ELIGIBLE RECIPIENT.—In this
21 section, the term ‘eligible recipient’ means—
22 ‘‘(1) a single unit of State, local, or Tribal gov-
23 ernment; or
24 ‘‘(2) a nonprofit organization.’’.
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1 SEC. 30202. ENVIRONMENTAL AND CLIMATE JUSTICE
2 BLOCK GRANTS.
3 The Clean Air Act is amended by inserting after sec-
4 tion 137, as added by subtitle A of this title, the following:
5 ‘‘SEC. 138. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK
6 GRANTS.
7 ‘‘(a) APPROPRIATION.—In addition to amounts oth-
8 erwise available, there is appropriated to the Adminis-
9 trator for fiscal year 2022, out of any money in the Treas-
10 ury not otherwise appropriated—
11 ‘‘(1) $2,800,000,000 to remain available until
12 September 30, 2026, to award grants for the activi-
13 ties described in subsection (b); and
14 ‘‘(2) $200,000,000 to remain available until
15 September 30, 2026, to provide technical assistance
16 to eligible entities related to grants awarded under
17 this section.
18 ‘‘(b) GRANTS.—
19 ‘‘(1) IN GENERAL.—The Administrator shall
20 use amounts made available under subsection (a)(1)
21 to award grants for periods of up to 3 years to eligi-
22 ble entities to carry out activities described in para-
23 graph (2) that benefit disadvantaged communities,
24 as defined by the Administrator.
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1 ‘‘(2) ELIGIBLE ACTIVITIES.—An eligible entity
2 may use a grant awarded under this subsection
3 for—
4 ‘‘(A) community-led air and other pollution
5 monitoring, prevention, and remediation, and
6 investments in low- and zero-emission and resil-
7 ient technologies and related infrastructure and
8 workforce development that help reduce green-
9 house gas emissions and other air pollutants;
10 ‘‘(B) mitigating climate and health risks
11 from urban heat islands, extreme heat, wood
12 heater emissions, and wildfire events;
13 ‘‘(C) climate resiliency and adaptation;
14 ‘‘(D) reducing indoor toxics and indoor air
15 pollution; or
16 ‘‘(E) facilitating engagement of disadvan-
17 taged communities in State and Federal public
18 processes, including facilitating such engage-
19 ment in advisory groups, workshops, and
20 rulemakings.
21 ‘‘(3) ELIGIBLE ENTITIES.—In this subsection,
22 the term ‘eligible entity’ means—
23 ‘‘(A) a partnership between—
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1 ‘‘(i) an Indian tribe, a local govern-
2 ment, or an institution of higher education;
3 and
4 ‘‘(ii) a community-based nonprofit or-
5 ganization;
6 ‘‘(B) a community-based nonprofit organi-
7 zation; or
8 ‘‘(C) a partnership of community-based
9 nonprofit organizations.
10 ‘‘(c) ADMINISTRATIVE COSTS.—The Administrator
11 shall reserve 7 percent of the amounts made available
12 under subsection (a) for administrative costs to carry out
13 this section.’’.
14 SEC. 30203. FUNDING FOR DATA COLLECTION ON NA-
15 TIONAL RECYCLING EFFORTS.
16 In addition to amounts otherwise available, there is
17 appropriated to the Administrator of the Environmental
18 Protection Agency for fiscal year 2022, out of any money
19 in the Treasury not otherwise appropriated, $10,000,000,
20 to remain available until September 30, 2031, to support
21 data collection activities with respect to recycling efforts
22 throughout the nation, with a particular focus on recycling
23 efforts in disadvantaged, low-income, and rural commu-
24 nities that lack access to recycling services.
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1 Subtitle C—Drinking Water
2 SEC. 30301. LEAD REMEDIATION PROJECTS.
3 (a) IN GENERAL.—In addition to amounts otherwise
4 available, there is appropriated for fiscal year 2022, out
5 of any money in the Treasury not otherwise appropriated,
6 $9,000,000,000, to remain available until September 30,
7 2026, for—
8 (1) grants under the lead reduction grant pro-
9 gram under section 1459B(b) of the Safe Drinking
10 Water Act (42 U.S.C. 300j–19b(b)) to entities eligi-
11 ble for grants under that program that serve com-
12 munities determined to be disadvantaged commu-
13 nities pursuant to paragraph (3)(A) of such sub-
14 section, for full service line replacement within those
15 disadvantaged communities;
16 (2) grants for the installation and maintenance
17 of lead filtration stations at schools and child care
18 programs (as defined in section 1464(d)(1) of that
19 Act (42 U.S.C. 300j–24(d)(1)) that serve disadvan-
20 taged communities; and
21 (3) grants under subsection (d) of section 1464
22 of that Act (42 U.S.C. 300j–24)—
23 (A) to pay the costs of replacement of
24 drinking water fountains in schools and child
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1 care programs that serve disadvantaged com-
2 munities;
3 (B) for lead remediation projects in build-
4 ings operated by entities eligible for grants
5 under that subsection that serve disadvantaged
6 communities; and
7 (C) for compliance monitoring in disadvan-
8 taged communities.
9 (b) COST-SHARE WAIVER.—An entity receiving as-
10 sistance pursuant to this section shall not be required to
11 provide a share of the costs of carrying out the project
12 or activity funded by that assistance.
13 (c) ADMINISTRATIVE COSTS.—Of the amounts made
14 available under subsection (a), the Administrator of the
15 Environmental Protection Agency shall reserve 7 percent
16 for the administrative costs of carrying out this section.
17 SEC. 30302. FUNDING FOR WATER ASSISTANCE PROGRAM.
18 (a) APPROPRIATION.—In addition to amounts other-
19 wise available, there is appropriated for fiscal year 2022,
20 out of any money in the Treasury not otherwise appro-
21 priated, $225,000,000, to remain available until expended,
22 to provide grants to States, Indian Tribes, and Tribal or-
23 ganizations to assist low-income households that pay a
24 high proportion of household income for drinking water
25 and wastewater (including stormwater) services, particu-
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1 larly households with an annual income that is less than
2 or equal to 150 percent of the Federal poverty line, by
3 providing amounts to community water systems (as de-
4 fined in section 1401 of the Safe Drinking Water Act (42
5 U.S.C. 300f)) or publicly owned treatment works (as de-
6 fined in section 212 of the Federal Water Pollution Con-
7 trol Act (33 U.S.C. 1292)) to reduce the arrearages of
8 and rates charged to those households for those services
9 by up to 100 percent.
10 (b) REQUIREMENT.—Of the amounts made available
11 under subsection (a), the Administrator of the Environ-
12 mental Protection Agency shall reserve not more than 3
13 percent to provide the assistance described in that sub-
14 section to Indian Tribes and Tribal organizations.
15 (c) COST-SHARE WAIVER.—An entity receiving as-
16 sistance pursuant to this section shall not be required to
17 provide a share of the costs of carrying out the activity
18 funded by that assistance.
19 (d) ADMINISTRATIVE COSTS.—Of the amounts made
20 available under subsection (a), the Administrator of the
21 Environmental Protection Agency shall reserve 7 percent
22 for the administrative costs of carrying out this section.
23 (e) DEFINITION OF STATE.—In this section, the term
24 ‘‘State’’ means—
25 (1) each of the 50 States;
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1 (2) the District of Columbia;
2 (3) the Commonwealth of Puerto Rico;
3 (4) American Samoa;
4 (5) Guam;
5 (6) the United States Virgin Islands; and
6 (7) the Commonwealth of the Northern Mar-
7 iana Islands.
8 Subtitle D—Energy
9 PART 1—RESIDENTIAL EFFICIENCY AND
10 ELECTRIFICATION REBATES
11 SEC. 30411. HOME ENERGY PERFORMANCE-BASED, WHOLE-
12 HOUSE REBATES AND TRAINING GRANTS.
13 (a) HOME ON-LINE PERFORMANCE-BASED ENERGY
14 EFFICIENCY (HOPE) CONTRACTOR TRAINING
15 GRANTS.—
16 (1) APPROPRIATION.—In addition to amounts
17 otherwise available, there is appropriated to the Sec-
18 retary for fiscal year 2022, out of any money in the
19 Treasury not otherwise appropriated, $360,000,000,
20 to remain available until September 30, 2030, to
21 award grants to States to develop and implement a
22 State program described in section 362(d)(13) of the
23 Energy Policy and Conservation Act (42 U.S.C.
24 6322(d)(13)), which shall partner with nonprofit or-
25 ganizations to fund qualifying programs described in
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1 paragraph (2) that provide training courses and op-
2 portunities to support home energy efficiency up-
3 grade construction services to train workers, both
4 on-line and in-person, to support and provide for the
5 home energy efficiency retrofits under subsection
6 (b), and for administrative expenses associated with
7 carrying out this subsection.
8 (2) QUALIFYING PROGRAMS.—For the purposes
9 of this paragraph, qualifying programs are programs
10 that—
11 (A) provide the equivalent of at least 30
12 hours in total course time;
13 (B) are provided by a provider that is ac-
14 credited by the Interstate Renewable Energy
15 Council or has other accreditation determined
16 to be equivalent by the Secretary;
17 (C) are, with respect to a particular job,
18 aligned with the relevant National Renewable
19 Energy Laboratory Job Task Analysis, or other
20 credentialing program foundation that helps
21 identify the necessary core knowledge areas,
22 critical work functions, or skills, as approved by
23 the Secretary;
24 (D) have established learning objectives;
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1 (E) include, as the Secretary determines
2 appropriate, an appropriate assessment of such
3 learning objectives that may include a final
4 exam, to be proctored on-site or through remote
5 proctoring, or an in-person field exam; and
6 (F) include training related to—
7 (i) contractor certification;
8 (ii) energy auditing or assessment;
9 (iii) home energy systems (including
10 Energy Star-qualified HVAC systems and
11 Wi-Fi-enabled home energy communica-
12 tions technology, or any future technology
13 that achieves the same goals);
14 (iv) insulation installation and air
15 leakage control;
16 (v) health and safety regarding the in-
17 stallation of energy efficiency measures or
18 health and safety impacts associated with
19 energy efficiency retrofits;
20 (vi) indoor air quality;
21 (vii) energy efficiency retrofits in
22 manufactured housing; and
23 (viii) residential electrification train-
24 ing and conversion training.
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1 (3) STATE ENERGY PROGRAM PROVIDERS.—A
2 State energy office may use not more than 10 per-
3 cent of the amounts made available to the State en-
4 ergy office under this subsection to administer a
5 qualifying program described in paragraph (2), in-
6 cluding for the conduct of design and operations ac-
7 tivities.
8 (4) TERMS AND CONDITIONS.—
9 (A) ELIGIBLE USE OF FUNDS.—Of the
10 amounts made available to a State under this
11 subsection, 85 percent shall be used by the
12 State—
13 (i) to support the operations of quali-
14 fying programs, including establishing,
15 modifying, or maintaining the online sys-
16 tems, staff time, and software and online
17 program management, through a course
18 that meets the applicable criteria;
19 (ii) to reimburse the contractor com-
20 pany for training costs for employees;
21 (iii) to provide any home technology
22 support needed for an employee to receive
23 training pursuant to this subsection; and
24 (iv) to support wages of employees
25 during training.
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1 (B) TIMING OF OBLIGATIONS.—Amounts
2 made available under this subsection shall be
3 used, as necessary, to cover or reimburse allow-
4 able costs incurred after the date of enactment
5 of this Act.
6 (C) UNOBLIGATED AMOUNTS.—Amounts
7 made available under this subsection which are
8 not accepted, are voluntarily returned, or other-
9 wise recaptured for any reason shall be used to
10 fund grants under subsection (b).
11 (b) HOME OWNER MANAGING ENERGY SAVINGS
12 (HOMES) REBATES.—
13 (1) APPROPRIATION.—In addition to amounts
14 otherwise available, there is appropriated to the Sec-
15 retary for fiscal year 2022, out of any money in the
16 Treasury not otherwise appropriated,
17 $5,890,000,000, to remain available until September
18 30, 2030, to award grants, in accordance with the
19 formula for the State Energy Program under part D
20 of title III of the Energy Policy and Conservation
21 Act in effect on January 1, 2021, to State energy
22 offices to establish Home Owner Managing Energy
23 Savings (HOMES) Rebate Programs pursuant to
24 section 362(d)(5) of such Act (42 U.S.C.
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1 6322(d)(5)), and for administrative expenses associ-
2 ated with carrying out this subsection.
3 (2) COORDINATION.—In carrying out this sub-
4 section, the Secretary shall coordinate with State en-
5 ergy offices to ensure that programs that receive
6 awards are formulated to achieve maximum green-
7 house gas emissions reductions and household en-
8 ergy and costs savings.
9 (3) APPLICATION.—In order to receive a grant
10 under this subsection, a State shall submit to the
11 Secretary an application that includes a plan to im-
12 plement a qualifying State program that includes—
13 (A) a plan to ensure that each home en-
14 ergy efficiency retrofit under the program—
15 (i) is completed by a contractor who
16 meets minimum training requirements, cer-
17 tification requirements, and other require-
18 ments established by the Secretary; and
19 (ii) includes installation of 1 or more
20 home energy efficiency retrofit measures
21 that are modeled to achieve, or are shown
22 to achieve, the minimum reduction re-
23 quired in home energy use, or with respect
24 to a portfolio of home energy efficiency ret-
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1 rofits, in aggregated home energy use for
2 such portfolio;
3 (B) a plan—
4 (i) to utilize, for purposes of modeled
5 performance home rebates, modeling soft-
6 ware, methods, and procedures for deter-
7 mining and documenting the reductions in
8 home energy use resulting from the imple-
9 mentation of a home energy efficiency ret-
10 rofit that is calibrated to historical energy
11 usage for a home consistent with BPI
12 2400, that are approved by the Secretary,
13 that can provide evidence for necessary im-
14 provements to a State program, and that
15 can help to calibrate models for accuracy;
16 (ii) to utilize, for purposes of meas-
17 ured performance home rebates, open-
18 source advanced measurement and
19 verification software approved by the Sec-
20 retary for determining and documenting
21 the monthly and hourly (if available)
22 weather-normalized baseline energy use of
23 a home, the reductions in monthly and
24 hourly (if available) weather-normalized
25 energy use of a home resulting from the
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1 implementation of a home energy efficiency
2 retrofit, and open-source advanced meas-
3 urement and verification software approved
4 by the Secretary; and
5 (iii) to value savings based on time,
6 location, or greenhouse gas emissions;
7 (C) procedures for a homeowner to trans-
8 fer the right to claim a rebate to the contractor
9 performing the applicable home energy effi-
10 ciency retrofit or to an aggregator, if the State
11 program will utilize aggregators;
12 (D) if the State program will utilize
13 aggregators to facilitate delivery of rebates to
14 homeowners or contractors, requirements for an
15 entity to be eligible to serve as an aggregator;
16 (E) quality monitoring to ensure that each
17 installation that receives a rebate is documented
18 in a certificate, provided by the contractor to
19 the homeowner, that details the work, including
20 information about the characteristics of equip-
21 ment and materials installed, as well as pro-
22 jected energy savings or energy generation, in a
23 way that will enable the homeowner to clearly
24 communicate the value of the high-performing
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1 features funded by the rebate to buyers, real es-
2 tate agents, appraisers and lenders; and
3 (F) a procedure for providing the con-
4 tractor performing a home energy efficiency ret-
5 rofit or an aggregator who has the right to
6 claim such rebate with $200 for each home lo-
7 cated in an underserved community that re-
8 ceives a home efficiency retrofit for which a re-
9 bate is provided under the program.
10 (4) AMOUNT OF REBATES FOR SINGLE FAMILY
11 AND MULTIFAMILY HOMES.—Of the amounts pro-
12 vided to a State energy office under this subsection,
13 85 percent shall be used to provide Home Owner
14 Managing Energy Savings (HOMES) Rebates to—
15 (A) individuals and aggregators for the en-
16 ergy efficiency upgrades of single-family homes
17 of not more than 4 units—
18 (i) $2,000 for a retrofit that achieves
19 at least 20 percent modeled energy system
20 savings or 50 percent of the project cost,
21 whichever is lower;
22 (ii) $4,000 for a retrofit that achieves
23 at least 35 percent modeled energy system
24 savings or 50 percent of the project cost,
25 whichever is lower; or
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1 (iii) for measured energy savings, a
2 payment per kilowatt hour saved, or kilo-
3 watt hour-equivalent saved, equal to
4 $2,000 for a 20 percent reduction of en-
5 ergy use for the average home in the State,
6 for homes or portfolios of homes that
7 achieve at least 15 percent energy savings,
8 or 50 percent of the project cost, whichever
9 is lower;
10 (B) multifamily building owners and
11 aggregators for the energy efficiency upgrades
12 of multifamily buildings—
13 (i) $2,000 per dwelling unit for a ret-
14 rofit that achieves at least 20 percent mod-
15 eled energy system savings up a maximum
16 of $200,000 per multifamily building;
17 (ii) $4,000 per dwelling unit for a ret-
18 rofit that achieves at least 35 percent mod-
19 eled energy system savings up to a max-
20 imum of $400,000 per multifamily build-
21 ing; or
22 (iii) for measured energy savings, a
23 payment rate per kilowatt hours saved, or
24 kilowatt hour-equivalent saves, equal to
25 $2,000 for a 20 percent reduction of en-
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1 ergy use for the average multifamily build-
2 ing in the State, for multifamily buildings
3 or portfolios of buildings that achieve at
4 least 15 percent energy savings, or 50 per-
5 cent of the project cost, whichever is lower;
6 or
7 (C) individuals and aggregators for the en-
8 ergy efficiency upgrades of single family homes
9 of 4 units or less or multifamily buildings that
10 are occupied by residents with an annual in-
11 come of less than 80 percent of the area median
12 income as published publicly by the Department
13 of Housing and Urban Development—
14 (i) $4,000 for a retrofit that achieves
15 at least 20 percent modeled energy system
16 savings or 80 percent of the project cost,
17 whichever is lower;
18 (ii) $8,000 for a retrofit that achieves
19 at least 35 percent modeled energy system
20 savings or 80 percent of the project cost,
21 whichever is lower; or
22 (iii) for measured energy savings, a
23 payment rate per kilowatt hour saved, or
24 kilowatt hour-equivalent saved, equal to
25 $4,000 for a 20 percent reduction of en-
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1 ergy use for the average multifamily build-
2 ing in the State, for multifamily buildings
3 or portfolios of buildings that achieve at
4 least 15 percent energy savings, or 80 per-
5 cent of the project cost, whichever is lower.
6 (5) REQUIREMENT.—Not less than 25 percent
7 of the funds provided to a State energy office under
8 this subsection shall be used for the purposes of
9 each of subparagraphs (A), (B), and (C) of para-
10 graph (4).
11 (6) ELIGIBILITY OF CERTAIN APPLIANCES.—In
12 calculating total energy savings for single family or
13 multifamily homes under this subsection, a program
14 may include savings from the purchase of high-effi-
15 ciency natural gas HVAC systems and water heaters
16 certified under the Energy Star program until the
17 date that is 6 years after the date of enactment of
18 this Act.
19 (7) PLANNING.—Not to exceed 20 percent of
20 any grant made with funds made available under
21 this subsection shall be expended for planning and
22 management development and administration.
23 (8) TECHNICAL ASSISTANCE.—Amounts made
24 available under this subsection shall be used for sin-
25 gle family, multifamily, and manufactured housing
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1 rebates and the Secretary shall, in consultation with
2 States, contractors, and other local technical experts
3 design support, methodology, and contractor criteria
4 as appropriate for the different building stock.
5 (9) USE OF FUNDS.—Rebate amounts made
6 available through the High-Efficiency Electric Home
7 Rebate Program established under subsection (b)(1)
8 of section 124 of the Energy Policy Act of 2005 (as
9 amended by this subtitle) may be used in conjunc-
10 tion with the funds made available under this sub-
11 section.
12 (c) DEFINITIONS.—In this section:
13 (1) AGGREGATOR.—The term ‘‘aggregator’’
14 means a gas utility, electric utility, commercial enti-
15 ty, nonprofit entity, or State or local government en-
16 tity that may receive rebates provided under a State
17 program under this section for 1 or more portfolios
18 consisting of 1 or more energy efficiency retrofits.
19 (2) CONTRACTOR CERTIFICATION.—The term
20 ‘‘contractor certification’’ means—
21 (A) an industry recognized certification
22 that may be obtained by a residential contractor
23 to advance the expertise and education of the
24 contractor in energy efficiency retrofits of resi-
25 dential buildings; and
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1 (B) any other certification the Secretary
2 determines appropriate for purposes of the
3 HOMES Rebate Program established under
4 subsection (b).
5 (3) CONTRACTOR COMPANY.—The term ‘‘con-
6 tractor company’’ means a company—
7 (A) the business of which is to provide
8 services to residential building owners with re-
9 spect to HVAC systems, insulation, air sealing,
10 or other services that are approved by the Sec-
11 retary;
12 (B) that holds the licenses and insurance
13 required by the State in which the company
14 provides services; and
15 (C) that provides services for which a re-
16 bate may be provided pursuant to the HOMES
17 Rebate Program established under subsection
18 (b).
19 (4) ENERGY STAR PROGRAM.—The term ‘‘En-
20 ergy Star program’’ means the program established
21 by section 324A of the Energy Policy and Conserva-
22 tion Act (42 U.S.C. 6294a).
23 (5) HOME.—The term ‘‘home’’ means a build-
24 ing with not more than 4 dwelling units or a manu-
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1 factured housing unit (including a unit built before
2 June 15, 1976), that—
3 (A) is located in the United States;
4 (B) was constructed before the date of en-
5 actment of this Act;
6 (C) is occupied at least 6 months out of
7 the year; and
8 (D) is not on a military base.
9 (6) HVAC SYSTEM.—The term ‘‘HVAC sys-
10 tem’’ means a system—
11 (A) is certified under the Energy Star pro-
12 gram;
13 (B) consisting of a heating component, a
14 ventilation component, and an air-conditioning
15 component; and
16 (C) the components of which may include
17 central air conditioning, a heat pump, a fur-
18 nace, a boiler, a rooftop unit, and a window
19 unit.
20 (7) MULTIFAMILY BUILDING.—The term ‘‘mul-
21 tifamily building’’ means a building—
22 (A) with 5 or more dwelling units; and
23 (B) that is not on a military base.
24 (8) SECRETARY.—The term ‘‘Secretary’’ means
25 the Secretary of Energy.
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1 (9) STATE ENERGY OFFICE.—The term ‘‘State
2 energy office’’ has the meaning given the term
3 ‘‘State energy agency’’ in section 391(10) of the En-
4 ergy Policy and Conservation Act (42 U.S.C.
5 6371(10)).
6 (10) UNDERSERVED COMMUNITY.—The term
7 ‘‘underserved community’’ means—
8 (A) a community located in a ZIP Code
9 that includes 1 or more census tracts that are
10 identified as—
11 (i) a low-income community; or
12 (ii) a community of racial or ethnic
13 minority concentration; or
14 (B) any other community that the Sec-
15 retary determines is disproportionately vulner-
16 able to, or bears a disproportionate burden of,
17 any combination of economic, social, and envi-
18 ronmental stressors.
19 SEC. 30412. HIGH-EFFICIENCY ELECTRIC HOME REBATE
20 PROGRAM.
21 (a) IN GENERAL.—Section 124 of the Energy Policy
22 Act of 2005 (42 U.S.C. 15821) is amended to read as
23 follows:
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1 ‘‘SEC. 124. HIGH-EFFICIENCY ELECTRIC HOME REBATE
2 PROGRAM.
3 ‘‘(a) APPROPRIATIONS.—
4 ‘‘(1) IN GENERAL.—In addition to amounts
5 otherwise available, there is appropriated to the Sec-
6 retary for fiscal year 2022, out of any money in the
7 Treasury not otherwise appropriated—
8 ‘‘(A) $2,226,000,000, to remain available
9 until September 30, 2031, to provide rebates
10 under this section;
11 ‘‘(B) $4,000,000, to remain available until
12 September 30, 2031, for community and con-
13 sumer education and outreach related to car-
14 rying out this section; and
15 ‘‘(C) $220,000,000, to remain available
16 until September 30, 2031, to administer this
17 section and to provide administrative and tech-
18 nical support to certified contractor companies,
19 qualified providers, States, and Indian Tribes.
20 ‘‘(2) ADDITIONAL FUNDING FOR TRIBAL COM-
21 MUNITIES AND LOW- OR MODERATE-INCOME HOUSE-
22 HOLDS.—In addition to amounts otherwise available,
23 there is appropriated to the Secretary for fiscal year
24 2022, out of any money in the Treasury not other-
25 wise appropriated, $3,800,000,000, to remain avail-
26 able until September 30, 2031, for—
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1 ‘‘(A) rebates under this section relating to
2 qualified electrification projects carried out in
3 Tribal communities or for low- or moderate-in-
4 come households; and
5 ‘‘(B) any necessary administrative or tech-
6 nical support for those qualified electrification
7 projects.
8 ‘‘(b) HIGH-EFFICIENCY ELECTRIC HOME REBATES
9 FOR QUALIFIED ELECTRIFICATION PROJECTS.—
10 ‘‘(1) HIGH-EFFICIENCY ELECTRIC HOME RE-
11 BATES.—The Secretary shall establish a program
12 within the Department, to be known as the ‘High-
13 Efficiency Electric Home Rebate Program’, under
14 which the Secretary shall provide to homeowners
15 and owners of multifamily buildings high-efficiency
16 electric home rebates, in accordance with this sub-
17 section, for qualified electrification projects carried
18 out at, or relating to, the homes or multifamily
19 buildings, as applicable.
20 ‘‘(2) AMOUNT OF REBATE.—
21 ‘‘(A) IN GENERAL.—Subject to subsection
22 (c)(1)(A), a high-efficiency electric home rebate
23 under paragraph (1) shall be equal to—
24 ‘‘(i) in the case of a qualified elec-
25 trification project described in subsection
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1 (d)(11)(A)(i)(II) that installs a heat pump
2 used for water heating, not more than
3 $1,250;
4 ‘‘(ii) in the case of a qualified elec-
5 trification project described in subsection
6 (d)(11)(A)(i)(II) that installs a heat pump
7 HVAC system—
8 ‘‘(I)(aa) not more than $3,000 if
9 the heat pump HVAC system has a
10 heating capacity of not less than
11 27,500 Btu per hour; or
12 ‘‘(bb) not more than $4,000 if
13 the heat pump HVAC system meets
14 Energy Star program cold climate cri-
15 teria and is installed in a cold climate,
16 as determined by the Secretary;
17 ‘‘(II)(aa) not more than $1,500 if
18 the heat pump HVAC system has a
19 heating capacity of less than 27,500
20 Btu per hour; or
21 ‘‘(bb) not more than $2,000 if
22 the heat pump HVAC system meets
23 Energy Star program cold climate cri-
24 teria and is installed in a cold climate,
25 as determined by the Secretary; and
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1 ‘‘(III) $250, in addition to the
2 amount described in subclause (I) or
3 (II), if a qualified electrification
4 project described in subsection
5 (d)(11)(A)(i)(V) that installs insula-
6 tion, air sealing, and ventilation in ac-
7 cordance with clause (v) is completed
8 within 6 months before or after the
9 qualified electrification project de-
10 scribed in that subclause;
11 ‘‘(iii) in the case of a qualified elec-
12 trification project described in subclause
13 (III) or (IV) of subsection (d)(11)(A)(i),
14 not more than $600;
15 ‘‘(iv) in the case of a qualified elec-
16 trification project described in subsection
17 (d)(11)(A)(i)(I) that installs an electric
18 load or service center panel that enables
19 the installation and use of any upgrade,
20 appliance, system, equipment, infrastruc-
21 ture, component, or other item installed
22 pursuant to any other qualified electrifica-
23 tion project, not more than $3,000;
24 ‘‘(v) in the case of a qualified elec-
25 trification project described in subsection
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1 (d)(11)(A)(i)(V) that installs insulation
2 and air sealing, not more than $800; and
3 ‘‘(vi) in the case of any other qualified
4 electrification project, including a qualified
5 electrification project described in any of
6 subclauses (I) through (III) of subsection
7 (d)(11)(A)(ii), for which the Secretary pro-
8 vides a high-efficiency electric home rebate,
9 not more than an amount determined by
10 the Secretary for that qualified electrifica-
11 tion project, subject to subparagraph (B).
12 ‘‘(B) LIMITATIONS ON AMOUNT OF RE-
13 BATE.—
14 ‘‘(i) MAXIMUM TOTAL AMOUNT.—Sub-
15 ject to subsection (c)(1)(B), the maximum
16 total amount that may be awarded as high-
17 efficiency electric home rebates under this
18 subsection shall be $10,000 with respect to
19 each home for which a high-efficiency elec-
20 tric home rebate is provided.
21 ‘‘(ii) COSTS.—
22 ‘‘(I) IN GENERAL.—Subject to
23 subsection (c)(1)(C), the amount of a
24 high-efficiency electric home rebate
25 provided to a homeowner under this
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1 subsection shall not exceed 50 percent
2 of the total cost of the applicable
3 qualified electrification project.
4 ‘‘(II) LABOR COSTS.—Subject to
5 subsection (c)(1)(C), not more than
6 50 percent of the labor costs associ-
7 ated with a qualified electrification
8 project may be included in the 50 per-
9 cent of total costs for which a high-ef-
10 ficiency electric home rebate is pro-
11 vided under this subsection, as de-
12 scribed in subclause (I), subject to the
13 condition that labor costs account for
14 not more than 50 percent of the
15 amount of the high-efficiency electric
16 home rebate.
17 ‘‘(3) LIMITATIONS ON QEPS.—
18 ‘‘(A) CONTRACTORS.—A high-efficiency
19 electric home rebate may be provided for a
20 qualified electrification project carried out by a
21 contractor company only if that contractor com-
22 pany is a certified contractor company.
23 ‘‘(B) HEAT PUMP HVAC SYSTEMS.—A
24 high-efficiency electric home rebate may be pro-
25 vided for a qualified electrification project that
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1 installs or enables the installation of a heat
2 pump HVAC system only if the heat pump
3 HVAC system—
4 ‘‘(i) replaces—
5 ‘‘(I) a nonelectric HVAC system;
6 ‘‘(II) an electric resistance
7 HVAC system; or
8 ‘‘(III) an air conditioning unit
9 that—
10 ‘‘(aa) does not have a re-
11 versing valve; and
12 ‘‘(bb) has a lower seasonal
13 energy-efficiency ratio than the
14 heat pump HVAC system; or
15 ‘‘(ii) is part of new construction, as
16 determined by the Secretary.
17 ‘‘(C) HEAT PUMPS FOR WATER HEAT-
18 ING.—A high-efficiency electric home rebate
19 may be provided for a qualified electrification
20 project that installs or enables the installation
21 of a heat pump used for water heating only if
22 the heat pump—
23 ‘‘(i) replaces—
24 ‘‘(I) a nonelectric heat pump
25 water heater;
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1 ‘‘(II) a nonelectric water heater;
2 or
3 ‘‘(III) an electric resistance water
4 heater; or
5 ‘‘(ii) is part of new construction, as
6 determined by the Secretary.
7 ‘‘(D) ELECTRIC STOVES, COOKTOPS,
8 RANGES, AND OVENS.—A high-efficiency electric
9 home rebate may be provided for a qualified
10 electrification project described in subsection
11 (d)(11)(A)(i)(III) only if the applicable electric
12 stove, cooktop, range, or oven—
13 ‘‘(i) replaces a nonelectric stove,
14 cooktop, range, or oven; or
15 ‘‘(ii) is part of new construction, as
16 determined by the Secretary.
17 ‘‘(E) ELECTRIC HEAT PUMP CLOTHES
18 DRYERS.—A high-efficiency electric home re-
19 bate may be provided for a qualified electrifica-
20 tion project described in subsection
21 (d)(11)(A)(i)(IV) only if the applicable electric
22 heat pump clothes dryer—
23 ‘‘(i) replaces a nonelectric clothes
24 dryer; or
25 ‘‘(ii) is part of new construction.
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1 ‘‘(4) ADDITIONAL INCENTIVES FOR CONTRAC-
2 TORS AND QUALIFIED PROVIDERS.—
3 ‘‘(A) GENERAL INCENTIVE.—
4 ‘‘(i) IN GENERAL.—With respect to
5 each qualified electrification project de-
6 scribed in clause (ii), the Secretary shall
7 provide a payment of $100 to the certified
8 contractor company or qualified provider
9 carrying out the qualified electrification
10 project.
11 ‘‘(ii) QUALIFIED ELECTRIFICATION
12 PROJECT DESCRIBED.—A qualified elec-
13 trification project referred to in clause (i)
14 is a qualified electrification project—
15 ‘‘(I) that is carried out at a home
16 or multifamily building;
17 ‘‘(II) for which a rebate is pro-
18 vided under this subsection; and
19 ‘‘(III) with respect to which the
20 certified contractor company or quali-
21 fied provider is not eligible for a high-
22 er payment under any of subpara-
23 graphs (B) through (D).
24 ‘‘(B) INCENTIVE FOR QEPS IN CERTAIN
25 COMMUNITIES AND HOUSEHOLDS.—
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1 ‘‘(i) IN GENERAL.—With respect to
2 each qualified electrification project de-
3 scribed in clause (ii), the Secretary shall
4 provide a payment of $200 to the certified
5 contractor company or qualified provider
6 carrying out the qualified electrification
7 project.
8 ‘‘(ii) QUALIFIED ELECTRIFICATION
9 PROJECT DESCRIBED.—A qualified elec-
10 trification project referred to in clause (i)
11 is a qualified electrification project—
12 ‘‘(I) that is carried out at a home
13 or multifamily building that—
14 ‘‘(aa) is located in an under-
15 served community or a Tribal
16 community; or
17 ‘‘(bb) is certified, or the
18 household of the homeowner of
19 which is certified, as applicable,
20 as low- or moderate-income;
21 ‘‘(II) for which a rebate is pro-
22 vided under this subsection; and
23 ‘‘(III) with respect to which the
24 certified contractor company or quali-
25 fied provider is not eligible for a high-
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1 er payment under subparagraph (C)
2 or (D).
3 ‘‘(C) INCENTIVE FOR CERTAIN LABOR
4 PRACTICES.—
5 ‘‘(i) IN GENERAL.—With respect to
6 each qualified electrification project de-
7 scribed in clause (ii), the Secretary shall
8 provide a payment of $250 to the certified
9 contractor company or qualified provider
10 carrying out the qualified electrification
11 project.
12 ‘‘(ii) QUALIFIED ELECTRIFICATION
13 PROJECT DESCRIBED.—A qualified elec-
14 trification project referred to in clause (i)
15 is a qualified electrification project—
16 ‘‘(I) that is carried out—
17 ‘‘(aa) at a home or multi-
18 family building; and
19 ‘‘(bb) by a certified con-
20 tractor company or qualified pro-
21 vider that allows for the use of
22 collective bargaining agreements;
23 ‘‘(II) for which a rebate is pro-
24 vided under this subsection; and
25 ‘‘(III) with respect to which—
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1 ‘‘(aa) all laborers and me-
2 chanics employed on the qualified
3 electrification project are paid
4 wages at rates not less than
5 those prevailing on projects of a
6 character similar in the locality;
7 and
8 ‘‘(bb) the certified con-
9 tractor company or qualified pro-
10 vider is not eligible for a higher
11 payment under subparagraph
12 (D).
13 ‘‘(D) MAXIMUM INCENTIVE.—
14 ‘‘(i) IN GENERAL.—With respect to
15 each qualified electrification project de-
16 scribed in clause (ii), the Secretary shall
17 provide a payment of $500 to the certified
18 contractor company or qualified provider
19 carrying out the qualified electrification
20 project.
21 ‘‘(ii) QUALIFIED ELECTRIFICATION
22 PROJECT DESCRIBED.—A qualified elec-
23 trification project referred to in clause (i)
24 is a qualified electrification project—
25 ‘‘(I) that is carried out—
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1 ‘‘(aa) at a home or multi-
2 family building that—
3 ‘‘(AA) is located in an
4 underserved community or a
5 Tribal community; or
6 ‘‘(BB) is certified, or
7 the household of the home-
8 owner of which is certified,
9 as applicable, as low- or
10 moderate-income; and
11 ‘‘(bb) by a certified con-
12 tractor company or qualified pro-
13 vider that allows for the use of
14 collective bargaining agreements;
15 ‘‘(II) for which a rebate is pro-
16 vided under this subsection; and
17 ‘‘(III) with respect to which all
18 laborers and mechanics employed on
19 the qualified electrification project are
20 paid wages at rates not less than
21 those prevailing on projects of a char-
22 acter similar in the locality.
23 ‘‘(E) CLARIFICATION.—An amount pro-
24 vided to a certified contractor company or
25 qualified provider under any of subparagraphs
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1 (A) through (D) shall be in addition to the
2 amount of any high-efficiency electric home re-
3 bate received by the certified contractor com-
4 pany or qualified provider.
5 ‘‘(5) CLAIM.—
6 ‘‘(A) IN GENERAL.—Subject to paragraph
7 (2)(B), a homeowner, a certified contractor
8 company, or a qualified provider may claim a
9 separate high-efficiency electric home rebate
10 under this subsection for each qualified elec-
11 trification project carried out at a home.
12 ‘‘(B) TRANSFER.—The Secretary shall es-
13 tablish and publish procedures pursuant to
14 which a homeowner or owner of a multifamily
15 building may transfer the right to claim a re-
16 bate under this subsection to the certified con-
17 tractor company or qualified provider carrying
18 out the applicable qualified electrification
19 project.
20 ‘‘(6) MULTIFAMILY BUILDINGS.—
21 ‘‘(A) IN GENERAL.—Subject to subpara-
22 graph (B), the owner of a multifamily building
23 may combine the amounts of high-efficiency
24 electric home rebates for each dwelling unit in
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1 the multifamily building into a single rebate,
2 subject to—
3 ‘‘(i) the condition that the applicable
4 qualified electrification projects benefit
5 each dwelling unit with respect to which
6 the rebate is claimed; and
7 ‘‘(ii) any maximum per-dwelling unit
8 rate established by the Secretary.
9 ‘‘(B) COSTS.—
10 ‘‘(i) IN GENERAL.—Subject to clause
11 (ii), the amount of a rebate under subpara-
12 graph (A) shall not exceed 50 percent of
13 the total cost, including labor costs, of the
14 applicable qualified electrification projects.
15 ‘‘(ii) LOW- OR MODERATE-INCOME
16 BUILDINGS.—In the case of a multifamily
17 building that is certified by the Secretary
18 as low- or moderate-income, the amount of
19 a rebate under subparagraph (A) shall not
20 exceed 100 percent of the total cost of the
21 applicable qualified electrification projects.
22 ‘‘(C) PROCEDURES.—The Secretary shall
23 establish and publish procedures—
24 ‘‘(i) pursuant to which the owner of a
25 multifamily building may combine rebate
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1 amounts in accordance with this sub-
2 section; and
3 ‘‘(ii) for the enforcement of any limi-
4 tations under this subsection.
5 ‘‘(7) PROCESS.—
6 ‘‘(A) REBATE PROCESS.—Not later than
7 July 1, 2022, the Secretary shall establish a re-
8 bate processing system that provides immediate
9 price relief for consumers who purchase and
10 have installed qualified electrification projects,
11 in accordance with this section.
12 ‘‘(B) QUALIFIED ELECTRIFICATION
13 PROJECT LIST.—
14 ‘‘(i) IN GENERAL.—Not later than
15 July 1, 2022, the Secretary shall publish a
16 list of qualified electrification projects for
17 which a high-efficiency electric home re-
18 bate may be provided under this subsection
19 that includes, at a minimum, the qualified
20 electrification projects described in sub-
21 section (d)(11)(A).
22 ‘‘(ii) REQUIREMENTS.—The list pub-
23 lished under clause (i) shall include speci-
24 fications for each qualified electrification
25 project included on the list, including—
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1 ‘‘(I) appropriate certifications
2 under the Energy Star program; and
3 ‘‘(II) other applicable require-
4 ments, such as requirements relating
5 to grid-interactive capability.
6 ‘‘(iii) UPDATES.—
7 ‘‘(I) IN GENERAL.—Not less fre-
8 quently than once every 3 years and
9 subject to subclause (II), the Sec-
10 retary shall publish an updated list of
11 qualified electrification projects for
12 which a high-efficiency electric home
13 rebate may be provided under this
14 subsection.
15 ‘‘(II) LIMITATION.—An updated
16 list under subclause (I) shall not allow
17 for any reductions in efficiency levels
18 for qualified electrification projects in-
19 cluded on the updated list that are
20 below an efficiency level provided in a
21 previously published version of the
22 list.
23 ‘‘(c) SPECIAL PROVISIONS FOR LOW- AND MOD-
24 ERATE-INCOME HOUSEHOLDS AND MULTIFAMILY BUILD-
25 INGS.—
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1 ‘‘(1) MAXIMUM AMOUNTS.—With respect to a
2 qualified electrification project carried out at a loca-
3 tion described in paragraph (2)—
4 ‘‘(A) a high-efficiency electric home rebate
5 shall be equal to—
6 ‘‘(i) in the case of a qualified elec-
7 trification project described in subsection
8 (b)(2)(A)(i), not more than $1,750;
9 ‘‘(ii) in the case of a qualified elec-
10 trification project described in subsection
11 (b)(2)(A)(ii)—
12 ‘‘(I)(aa) not more than $6,000 if
13 the applicable heat pump HVAC sys-
14 tem has a heating capacity of not less
15 than 27,500 Btu per hour; or
16 ‘‘(bb) not more than $7,000 if
17 the applicable heat pump HVAC sys-
18 tem meets Energy Star program cold
19 climate criteria and is installed in a
20 cold climate, as determined by the
21 Secretary; and
22 ‘‘(II)(aa) not more than $3,000 if
23 the applicable heat pump HVAC sys-
24 tem has a heating capacity of less
25 than 27,500 Btu per hour; or
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1 ‘‘(bb) not more than $3,500 if
2 the applicable heat pump HVAC sys-
3 tem meets Energy Star program cold
4 climate criteria and is installed in a
5 cold climate, as determined by the
6 Secretary;
7 ‘‘(iii) in the case of a qualified elec-
8 trification project described in subsection
9 (b)(2)(A)(iii), not more than $840;
10 ‘‘(iv) in the case of a qualified elec-
11 trification project described in subsection
12 (b)(2)(A)(iv), not more than $4,000;
13 ‘‘(v) in the case of a qualified elec-
14 trification project described in subsection
15 (b)(2)(A)(v) that installs insulation and air
16 sealing, not more than $1,600; and
17 ‘‘(vi) in the case of a qualified elec-
18 trification project described in subsection
19 (b)(2)(A)(vi), not more than an amount
20 determined by the Secretary for that quali-
21 fied electrification project, subject to sub-
22 paragraph (B);
23 ‘‘(B) the maximum total amount of high-
24 efficiency electric home rebates that may be
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1 awarded with respect to each home of a home-
2 owner shall be $14,000; and
3 ‘‘(C) the amount of a high-efficiency elec-
4 tric home rebate may be used to cover not more
5 than 100 percent of the costs, including labor
6 costs, of the applicable qualified electrification
7 project.
8 ‘‘(2) LOCATION DESCRIBED.—The maximum
9 amounts described in paragraph (1) shall apply to—
10 ‘‘(A) a home—
11 ‘‘(i) with respect to which the house-
12 hold of the homeowner is certified as low-
13 or moderate-income;
14 ‘‘(ii) that is located in a Tribal com-
15 munity; or
16 ‘‘(iii) in the case of a home that is
17 rented, with respect to which the household
18 of the renter is certified as low- or mod-
19 erate-income; or
20 ‘‘(B) a multifamily building—
21 ‘‘(i) that—
22 ‘‘(I) is certified as low- or mod-
23 erate-income; or
24 ‘‘(II) is located in a Tribal com-
25 munity; and
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1 ‘‘(ii) with respect to which more than
2 more than 1⁄2 of the dwelling units in the
3 multifamily building—
4 ‘‘(I) are occupied by households
5 the annual household incomes of
6 which do not exceed 80 percent of the
7 median annual household income for
8 the area in which the multifamily
9 building is located; and
10 ‘‘(II) have average monthly rent-
11 al prices that are equal to, or less
12 than, an amount that is equal to 30
13 percent of the average monthly house-
14 hold income for the area in which the
15 multifamily building is located.
16 ‘‘(3) REQUIREMENT.—The Secretary may pro-
17 vide a rebate in an amount described in paragraph
18 (1) to the owner of a multifamily building or home
19 (in the case of a home that is rented) that meets the
20 requirements of this section if the owner agrees in
21 writing to provide commensurate benefits of future
22 savings to renters in the multifamily building or
23 home.
24 ‘‘(d) DEFINITIONS.—In this section:
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1 ‘‘(1) CERTIFIED CONTRACTOR.—The term ‘cer-
2 tified contractor’ means a contractor with a certifi-
3 cation reflecting training, education, or other tech-
4 nical expertise relating to qualified electrification
5 projects for residential buildings, as identified by the
6 Secretary.
7 ‘‘(2) CERTIFIED CONTRACTOR COMPANY.—The
8 term ‘certified contractor company’ means a com-
9 pany—
10 ‘‘(A) the business of which is to provide
11 services—
12 ‘‘(i) to residential building owners;
13 and
14 ‘‘(ii) for which a rebate may be pro-
15 vided pursuant to this section;
16 ‘‘(B) that holds the licenses and insurance
17 required by the State in which the company
18 provides services; and
19 ‘‘(C) that employs 1 or more certified con-
20 tractors that perform the services for which a
21 rebate may be provided under this section.
22 ‘‘(3) ELECTRIC LOAD OR SERVICE CENTER UP-
23 GRADE.—The term ‘electric load or service center
24 upgrade’ means an improvement to a circuit breaker
25 panel that enables the installation and use of—
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1 ‘‘(A) a QEP described in any of subclauses
2 (II) through (IV) of paragraph (9)(A)(i); or
3 ‘‘(B) a QEP described in any of subclauses
4 (I) through (III) of paragraph (9)(A)(ii).
5 ‘‘(4) ENERGY STAR PROGRAM.—The term ‘En-
6 ergy Star program’ means the program established
7 by section 324A of the Energy Policy and Conserva-
8 tion Act (42 U.S.C. 6294a).
9 ‘‘(5) HEAT PUMP.—The term ‘heat pump’
10 means a heat pump used for water heating, space
11 heating, or space cooling that—
12 ‘‘(A) relies solely on electricity for its
13 source of power; and
14 ‘‘(B) is air-sourced, geothermal- or ground-
15 sourced, or water-sourced.
16 ‘‘(6) HIGH-EFFICIENCY ELECTRIC HOME RE-
17 BATE.—The term ‘high-efficiency electric home re-
18 bate’ means a rebate provided in accordance with
19 subsection (b).
20 ‘‘(7) HOME.—The term ‘home’ means each of—
21 ‘‘(A) a building with not more than 4
22 dwelling units, individual condominium units, or
23 manufactured housing units, that—
24 ‘‘(i) is located in a State; and
25 ‘‘(ii)(I) is the primary residence of—
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1 ‘‘(aa) the owner of that building,
2 condominium unit, or manufactured
3 housing unit, as applicable; or
4 ‘‘(bb) a renter; or
5 ‘‘(II) is a new-construction single-fam-
6 ily residential home; and
7 ‘‘(B) a unit of a multifamily building
8 that—
9 ‘‘(i) is owned by an individual who is
10 not the owner of the multifamily building;
11 ‘‘(ii) is located in a State; and
12 ‘‘(iii) is the primary residence of—
13 ‘‘(I) the owner of that unit; or
14 ‘‘(II) a renter.
15 ‘‘(8) HVAC.—The term ‘HVAC’ means heat-
16 ing, ventilation, and air conditioning.
17 ‘‘(9) LOW- OR MODERATE-INCOME.—The term
18 ‘low - or moderate -income’, with respect to a house-
19 hold, means a household—
20 ‘‘(A) with an annual income that is less
21 than 80 percent of the annual median income
22 of the area in which the household is located,
23 which such annual median income of the area
24 is determined according to publicly available
25 data; or
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1 ‘‘(B) that is low-income as determined by
2 the Secretary.
3 ‘‘(10) MULTIFAMILY BUILDING.—The term
4 ‘multifamily building’ means any building—
5 ‘‘(A) with 5 or more dwelling units that—
6 ‘‘(i) are built on top of one another or
7 side-by-side;
8 ‘‘(ii) may share common facilities; and
9 ‘‘(B) that is not a home; and
10 ‘‘(C) that is not on a military base.
11 ‘‘(11) QUALIFIED ELECTRIFICATION PROJECT;
12 QEP.—
13 ‘‘(A) IN GENERAL.—The terms ‘qualified
14 electrification project’ and ‘QEP’ mean a
15 project that, as applicable—
16 ‘‘(i) installs, or enables the installa-
17 tion and use of, in a home or multifamily
18 building—
19 ‘‘(I) an electric load or service
20 center upgrade;
21 ‘‘(II) an electric heat pump;
22 ‘‘(III) an induction or noninduc-
23 tion electric stove, cooktop, range, or
24 oven;
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1 ‘‘(IV) an electric heat pump
2 clothes dryer; or
3 ‘‘(V) insulation, air sealing, and
4 ventilation, in accordance with re-
5 quirements established by the Sec-
6 retary; or
7 ‘‘(ii) installs, or enables the installa-
8 tion and use of, in a home or multifamily
9 building described in subparagraph (B)—
10 ‘‘(I) a solar photovoltaic system,
11 including any electrical equipment,
12 wiring, or other components necessary
13 for the installation and use of the
14 solar photovoltaic system, including a
15 battery storage system;
16 ‘‘(II) electric vehicle charging in-
17 frastructure or electric vehicle support
18 equipment necessary to recharge an
19 electric vehicle on-site; or
20 ‘‘(III) electrical rewiring, power
21 sharing plugs, or other installation
22 tasks directly related to and necessary
23 for the safe and effective functioning
24 of a QEP in a home or multifamily
25 building.
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1 ‘‘(B) HOME OR MULTIFAMILY BUILDING
2 DESCRIBED.—A home or multifamily building
3 referred to in subparagraph (A)(ii) is a home or
4 multifamily building that is certified, or the
5 household of the homeowner of which is cer-
6 tified, as applicable, as low- or moderate-in-
7 come.
8 ‘‘(C) EXCLUSIONS.—The terms ‘qualified
9 electrification project’ and ‘QEP’ do not include
10 any project with respect to which the appliance,
11 system, equipment, infrastructure, component,
12 or other item described in clause (i) or (ii) of
13 subparagraph (A) is not certified under the En-
14 ergy Star program if, as of the date on which
15 the project is carried out, the item is of a cat-
16 egory for which a certification is provided under
17 that program.
18 ‘‘(12) QUALIFIED PROVIDER.—The term ‘quali-
19 fied provider’ means an electric utility, Tribal-owned
20 entity or Tribally Designated Housing Entity
21 (TDHE), or commercial, nonprofit, or government
22 entity, including a retailer and a certified contractor
23 company, that provides services for which a rebate
24 may be provided pursuant to this section for 1 or
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1 more portfolios that consist of 1 or more qualified
2 electrification projects.
3 ‘‘(13) SOLAR PHOTOVOLTAIC SYSTEM.—The
4 term ‘solar photovoltaic system’ means a system—
5 ‘‘(A) placed on-site at a home or multi-
6 family building, or as part of the community of
7 the home or multifamily building; and
8 ‘‘(B) that generates electricity from the
9 sun specifically for the home, multifamily build-
10 ing, or community.
11 ‘‘(14) STATE.—The term ‘State’ means a State,
12 the District of Columbia, or any territory or posses-
13 sion of the United States.
14 ‘‘(15) TRIBAL COMMUNITY.—The term ‘Tribal
15 community’ means a Tribal tract or Tribal block
16 group.
17 ‘‘(16) UNDERSERVED COMMUNITY.—The term
18 ‘underserved community’ means a community lo-
19 cated in a census tract that is identified by the Sec-
20 retary as—
21 ‘‘(A) a low- or moderate-income commu-
22 nity; or
23 ‘‘(B) a community of racial or ethnic mi-
24 nority concentration.’’.
25 (b) CONFORMING AMENDMENTS.—
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1 (1) The table of contents for the Energy Policy
2 Act of 2005 (Public Law 109–58; 119 Stat. 594) is
3 amended by striking the item relating to section 124
4 and inserting the following:
‘‘Sec. 124. High-Efficiency Electric Home Rebate Program.’’.
5 (2) Section 3201(c)(2)(A)(i) of the Energy Act
6 of 2020 (42 U.S.C. 17232(c)(2)(A)(i)) is amended
7 by striking ‘‘(a)’’ each place it appears.
8 PART 2—BUILDING EFFICIENCY AND
9 RESILIENCE
10 SEC. 30421. CRITICAL FACILITY MODERNIZATION.
11 (a) APPROPRIATION.—In addition to amounts other-
12 wise available, there is appropriated to the Secretary for
13 fiscal year 2022, out of any money in the Treasury not
14 otherwise appropriated, $500,000,000, to remain available
15 through September 30, 2031, to provide financial assist-
16 ance to States to develop and implement State programs
17 described in subsection (d)(5) of section 362 of the Energy
18 Policy and Conservation Act (42 U.S.C. 6322), as part
19 of an approved State energy conservation plan under that
20 section, to be distributed to States in accordance with the
21 formula for the State Energy Program established in part
22 420 of title 10, Code of Federal Regulations (as in effect
23 on January 1, 2021), to carry out projects to improve the
24 energy resilience of public or nonprofit buildings, including
25 projects to increase the energy efficiency and grid integra-
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1 tion of public or nonprofit buildings or the renewable en-
2 ergy used at public or nonprofit buildings.
3 (b) USE OF FUNDS.—
4 (1) GUIDELINES.—Not later than 180 days
5 after the date of enactment of this Act, the Sec-
6 retary shall issue guidelines for measures for States
7 to include in any program with respect to which a
8 State receives financial assistance under this section.
9 (2) ADMINISTRATIVE EXPENSES.—A State re-
10 ceiving financial assistance under this section shall
11 use not more than 10 percent for administrative
12 purposes.
13 (3) NO MATCHING FUNDS REQUIREMENT.—The
14 Secretary may not require a State receiving financial
15 assistance under this section to provide matching
16 funds.
17 (4) EXEMPTION.—Activities carried out using
18 funds appropriated under subsection (a) shall not be
19 subject to the expenditure prohibitions and limita-
20 tions of the State Energy Program under section
21 420.18 of title 10, Code of Federal Regulations.
22 (c) DEFINITIONS.—In this section:
23 (1) ENERGY RESILIENCE.—The term ‘‘energy
24 resilience’’ means the ability to withstand and quick-
25 ly recover from an energy supply disruption.
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1 (2) PUBLIC OR NONPROFIT BUILDING.—The
2 term ‘‘public or nonprofit building’’ means a public
3 or nonprofit building described in section
4 362(d)(5)(B) of the Energy Policy and Conservation
5 Act (42 U.S.C. 6322(d)(5)(B)).
6 (3) STATE.—The term ‘‘State’’ has the mean-
7 ing given the term in section 3 of the Energy Policy
8 and Conservation Act (42 U.S.C. 6202).
9 SEC. 30422. ASSISTANCE FOR LATEST AND ZERO BUILDING
10 ENERGY CODE ADOPTION.
11 (a) APPROPRIATION.—In addition to amounts other-
12 wise available, there is appropriated to the Secretary of
13 Energy for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated—
15 (1) $100,000,000, to remain available until
16 September 30, 2031, to carry out activities under
17 part D of title III of the Energy Policy and Con-
18 servation Act (42 U.S.C. 6321 through 6326) in ac-
19 cordance with subsection (b); and
20 (2) $200,000,000, to remain available until
21 September 30, 2031, to carry out activities under
22 part D of title III of the Energy Policy and Con-
23 servation Act (42 U.S.C. 6321 through 6326) in ac-
24 cordance with subsection (c).
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1 (b) LATEST BUILDING ENERGY CODE.—The Sec-
2 retary of Energy shall use funds made available under
3 subsection (a)(1) for grants to assist States, and units of
4 local government that have authority to adopt building
5 codes, to—
6 (1) adopt—
7 (A) a building energy code (or codes) for
8 residential buildings that meets or exceeds the
9 2021 International Energy Conservation Code,
10 or achieves equivalent or greater energy sav-
11 ings;
12 (B) a building energy code (or codes) for
13 commercial buildings that meets or exceeds the
14 ANSI/ASHRAE/IES Standard 90.1–2019, or
15 achieves equivalent or greater energy savings;
16 or
17 (C) any combination of building energy
18 codes described in subparagraph (A) or (B);
19 and
20 (2) implement a plan for the jurisdiction to
21 achieve full compliance with any building energy
22 code adopted under paragraph (1) in new and ren-
23 ovated residential or commercial buildings, as appli-
24 cable, which plan shall include active training and
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1 enforcement programs and measurement of the rate
2 of compliance each year.
3 (c) ZERO ENERGY CODE.—The Secretary of Energy
4 shall use funds made available under subsection (a)(2) for
5 grants to assist States, and units of local government that
6 have authority to adopt building codes, to—
7 (1) adopt a building energy code (or codes) for
8 residential and commercial buildings that meets or
9 exceeds the zero energy provisions in the 2021 Inter-
10 national Energy Conservation Code or an equivalent
11 stretch code; and
12 (2) implement a plan for the jurisdiction to
13 achieve full compliance with any building energy
14 code adopted under paragraph (1) in new and ren-
15 ovated residential and commercial buildings, which
16 plan shall include active training and enforcement
17 programs and measurement of the rate of compli-
18 ance each year.
19 (d) STATE MATCH.—The State cost share require-
20 ment under the item relating to ‘‘Department of Energy—
21 Energy Conservation’’ in title II of the Department of the
22 Interior and Related Agencies Appropriations Act, 1985
23 (42 U.S.C. 6323a; 98 Stat. 1861) shall not apply to assist-
24 ance provided under this section.
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1 (e) STATE DEFINED.—In this section, the term
2 ‘‘State’’ has the meaning given that term in section 3 of
3 the Energy Policy and Conservation Act (42 U.S.C.
4 6202).
5 (f) ADMINISTRATIVE COSTS.—Of the amounts made
6 available under this section, the Secretary shall reserve 5
7 percent for administrative costs necessary to carry out this
8 section.
9 PART 3—ZERO-EMISSIONS VEHICLE
10 INFRASTRUCTURE
11 SEC. 30431. ZERO-EMISSIONS VEHICLE INFRASTRUCTURE
12 GRANTS.
13 (a) APPROPRIATIONS.—In addition to amounts other-
14 wise available, there is appropriated to the Secretary for
15 fiscal year 2022, out of any money in the Treasury not
16 otherwise appropriated, to remain available through Sep-
17 tember 30, 2028, to be distributed to States in accordance
18 with the formula for the State Energy Program estab-
19 lished in part 420 of title 10, Code of Federal Regulations
20 (as in effect on January 1, 2021)—
21 (1) $600,000,000 to carry out a program to
22 provide financial assistance to States to develop and
23 implement State programs described in subsection
24 (d)(5) of section 362 of the Energy Policy and Con-
25 servation Act (42 U.S.C. 6322), as part of an ap-
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1 proved State energy conservation plan under that
2 section, to carry out projects to build out publicly
3 accessible level 2 electric vehicle supply equipment in
4 rural communities or underserved or disadvantaged
5 communities;
6 (2) $200,000,000 to carry out a program to
7 provide financial assistance to States to develop and
8 implement State programs described in subsection
9 (d)(5) of section 362 of the Energy Policy and Con-
10 servation Act (42 U.S.C. 6322), as part of an ap-
11 proved State energy conservation plan under that
12 section, to carry out projects to build out publicly
13 accessible networked direct current fast charge elec-
14 tric vehicle supply equipment in rural communities
15 or underserved or disadvantaged communities; and
16 (3) $200,000,000 to carry out a program to
17 provide financial assistance to States to develop and
18 implement State programs described in subsection
19 (d)(5) of section 362 of the Energy Policy and Con-
20 servation Act (42 U.S.C. 6322), as part of an ap-
21 proved State energy conservation plan under that
22 section, to carry out projects to build out hydrogen
23 fueling stations in rural communities or underserved
24 or disadvantaged communities.
25 (b) REQUIREMENTS.—
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1 (1) MEASURES.—Not later than 180 days after
2 the date of enactment of this Act, the Secretary
3 shall establish requirements for measures to be in-
4 cluded in any program with respect to which a State
5 receives financial assistance under this section.
6 (2) ADMINISTRATIVE EXPENSES.—A State re-
7 ceiving financial assistance under this section shall
8 use not more than 5 percent for administrative pur-
9 poses.
10 (3) NO MATCHING FUNDS REQUIREMENT.—The
11 Secretary may not require a State receiving financial
12 assistance under this section to provide matching
13 funds.
14 (4) ELIGIBLE ENTITIES.—Financial assistance
15 provided by a State using funds made available
16 under this section shall only be available to eligible
17 entities.
18 (5) THIRD-PARTY CONTRACTS.—A State or eli-
19 gible entity may enter into a contract with a private
20 third-party entity for the build out of electric vehicle
21 supply equipment or hydrogen fueling stations under
22 subsection (a).
23 (6) USE OF PRIVATE PROPERTY.—A State or
24 eligible entity may enter into an agreement for the
25 use of publicly accessible private property.
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1 (7) LIMITATION.—The Secretary shall ensure
2 that no entity receives a profit for access to or
3 hosting of electric vehicle supply equipment or hy-
4 drogen fueling stations built out under a contract
5 entered into under paragraph (5) or pursuant to an
6 agreement entered into under paragraph (6), except
7 that the Secretary shall determine an appropriate
8 amount of profit that an entity may receive for the
9 sale of electricity or hydrogen and the operation and
10 maintenance of such electric vehicle supply equip-
11 ment or hydrogen fueling stations.
12 (8) REALLOCATION OF FUNDS.—A State shall
13 return to the Secretary any funds received under
14 subsection (a) that the State does not award within
15 3 years of receiving such funds, and the Secretary
16 shall reallocate such funds to other States.
17 (c) DEFINITIONS.—In this section:
18 (1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.—
19 The term ‘‘electric vehicle supply equipment’’ means
20 any conductors, including ungrounded, grounded,
21 and equipment grounding conductors, electric vehicle
22 connectors, attachment plugs, and all other fittings,
23 devices, power outlets, electrical equipment, sta-
24 tionary energy storage systems, off-grid charging in-
25 stallations, or apparatuses installed specifically for
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1 the purpose of delivering energy to an electric vehicle
2 or to a battery intended to be used in an electric ve-
3 hicle.
4 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
5 ty’’ means a local, Tribal, or territorial government,
6 a not-for-profit entity, a nonprofit entity, a metro-
7 politan planning organization, or an entity with
8 fewer than 50 employees, as determined by the Sec-
9 retary.
10 (3) LEVEL 2 ELECTRIC VEHICLE SUPPLY
11 EQUIPMENT.—The term ‘‘level 2 electric vehicle sup-
12 ply equipment’’ means electric vehicle supply equip-
13 ment that provides an alternating current power
14 source at a minimum of 208 volts.
15 (4) NETWORKED DIRECT CURRENT FAST
16 CHARGE ELECTRIC VEHICLE SUPPLY EQUIPMENT.—
17 The term ‘‘networked direct current fast charge elec-
18 tric vehicle supply equipment’’ means electric vehicle
19 supply equipment that is capable of providing a di-
20 rect current power source at a minimum of 50 kilo-
21 watts and is enabled to connect to a network to fa-
22 cilitate at least data collection and access.
23 (5) PRIVATE THIRD-PARTY ENTITY.—The term
24 ‘‘private third-party entity’’ means a non-govern-
25 mental entity, including a private business, that is
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1 able to contract with the State or an eligible entity
2 to carry out projects to build out electric vehicle sup-
3 ply equipment or hydrogen fueling stations.
4 (6) PUBLICLY ACCESSIBLE.—The term ‘‘pub-
5 licly accessible’’ means available to members of the
6 public, including within or around—
7 (A) multiunit housing structures;
8 (B) workplaces;
9 (C) commercial locations that are acces-
10 sible for a minimum of 12 hours per day at
11 least 5 days a week, and capable of being mon-
12 itored remotely; or
13 (D) other locations that are accessible for
14 a minimum of 12 hours per day at least 5 days
15 a week, and capable of being monitored re-
16 motely.
17 (7) SECRETARY.—The term ‘‘Secretary’’ means
18 the Secretary of Energy.
19 (8) UNDERSERVED OR DISADVANTAGED COM-
20 MUNITY.—The term ‘‘underserved or disadvantaged
21 community’’ means a community or geographic area
22 that is identified by the Secretary as—
23 (A) a low-income community;
24 (B) a Tribal community;
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1 (C) having a disproportionately low num-
2 ber of electric vehicle charging stations per cap-
3 ita, compared to similar areas; or
4 (D) disproportionately vulnerable to, or
5 bearing a disproportionate burden of, any com-
6 bination of economic, social, environmental, or
7 climate stressors.
8 PART 4—DOE LOAN AND GRANT PROGRAMS
9 SEC. 30441. FUNDING FOR DEPARTMENT OF ENERGY LOAN
10 PROGRAMS OFFICE.
11 (a) COMMITMENT AUTHORITY.—In addition to com-
12 mitment authority otherwise available and previously pro-
13 vided, the Secretary of Energy may make commitments
14 to guarantee loans for eligible projects under section 1703
15 of the Energy Policy Act of 2005 up to a total principal
16 amount of $40,000,000,000, to remain available until Sep-
17 tember 30, 2026: Provided, That for amounts collected
18 pursuant to section 1702(b)(2) of the Energy Policy Act
19 of 2005, the source of such payment received from bor-
20 rowers may not be a loan or other debt obligation that
21 is guaranteed by the Federal Government: Provided fur-
22 ther, That none of the loan guarantee authority made
23 available by this section shall be available for any project
24 unless the President has certified in advance in writing
25 that the loan guarantee and the project comply with the
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1 provisions under this section: Provided further, That none
2 of such loan guarantee authority made available by this
3 section shall be available for commitments to guarantee
4 loans for any projects where funds, personnel, or property
5 (tangible or intangible) of any Federal agency, instrumen-
6 tality, personnel, or affiliated entity are expected to be
7 used (directly or indirectly) through acquisitions, con-
8 tracts, demonstrations, exchanges, grants, incentives,
9 leases, procurements, sales, other transaction authority, or
10 other arrangements, to support the project or to obtain
11 goods or services from the project: Provided further, That
12 the previous proviso shall not be interpreted as precluding
13 the use of the loan guarantee authority provided by this
14 section for commitments to guarantee loans for—
15 (1) projects as a result of such projects benefit-
16 ting from otherwise allowable Federal tax benefits;
17 (2) projects as a result of such projects benefit-
18 ting from being located on Federal land pursuant to
19 a lease or right-of-way agreement for which all con-
20 sideration for all uses is—
21 (A) paid exclusively in cash;
22 (B) deposited in the Treasury as offsetting
23 receipts; and
24 (C) equal to the fair market value;
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1 (3) projects as a result of such projects benefit-
2 ting from the Federal insurance program under sec-
3 tion 170 of the Atomic Energy Act of 1954 (42
4 U.S.C. 2210); or
5 (4) electric generation projects using trans-
6 mission facilities owned or operated by a Federal
7 Power Marketing Administration or the Tennessee
8 Valley Authority that have been authorized, ap-
9 proved, and financed independent of the project re-
10 ceiving the guarantee.
11 (b) APPROPRIATION.—In addition to amounts other-
12 wise available and previously provided, there is appro-
13 priated to the Secretary of Energy for fiscal year 2022,
14 out of any money in the Treasury not otherwise appro-
15 priated, $3,600,000,000, to remain available until Sep-
16 tember 30, 2026, for the costs of guarantees made under
17 section 1703 of the Energy Policy Act of 2005, using the
18 loan guarantee authority provided under subsection (a) of
19 this section.
20 (c) ADMINISTRATIVE EXPENSES.—Of the amount
21 made available under subsection (b), the Secretary of En-
22 ergy shall reserve 3 percent for administrative expenses
23 to carry out title XVII of the Energy Policy Act of 2005
24 and for carrying out section 1702(h)(3) of such Act.
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1 SEC. 30442. ADVANCED TECHNOLOGY VEHICLE MANUFAC-
2 TURING.
3 (a) APPROPRIATION.—In addition to amounts other-
4 wise available, there is appropriated to the Secretary of
5 Energy for fiscal year 2022, out of any money in the
6 Treasury not otherwise appropriated, $3,000,000,000, to
7 remain available until September 30, 2028, for the costs
8 of—
9 (1) providing direct loans under section 136(d)
10 of the Energy Independence and Security Act of
11 2007 (42 U.S.C. 17013(d)); and
12 (2) providing direct loans, in accordance with
13 section 136 of such Act, for reequipping, expanding,
14 or establishing a manufacturing facility in the
15 United States to produce, or for engineering integra-
16 tion performed in the United States of—
17 (A) a medium duty vehicle or a heavy duty
18 vehicle; or
19 (B) any of the following that emit, under
20 any possible operational mode or condition, zero
21 exhaust emissions of any greenhouse gas:
22 (i) A train or locomotive.
23 (ii) A maritime vessel.
24 (iii) An aircraft.
25 (iv) Hyperloop technology.
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1 (b) ADMINISTRATIVE COSTS.—The Secretary shall
2 reserve $25,000,000 of amounts made available under
3 subsection (a) for administrative costs of providing loans
4 as described in subsection (a).
5 (c) ELIMINATION OF LOAN PROGRAM CAP.—Section
6 136(d)(1) of the Energy Independence and Security Act
7 of 2007 (42 U.S.C. 17013(d)(1)) is amended by striking
8 ‘‘a total of not more than $25,000,000,000 in’’.
9 SEC. 30443. DOMESTIC MANUFACTURING CONVERSION
10 GRANTS.
11 (a) APPROPRIATION.—In addition to amounts other-
12 wise available, there is appropriated to the Secretary of
13 Energy for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated, $3,500,000,000, to
15 remain available until expended, for grants relating to do-
16 mestic production of plug-in electric hybrid, plug-in elec-
17 tric drive, and hydrogen fuel cell electric vehicles, in ac-
18 cordance with section 712 of the Energy Policy Act of
19 2005 (42 U.S.C. 16062).
20 (b) ADMINISTRATIVE COSTS.—The Secretary shall
21 reserve 3 percent of amounts made available under sub-
22 section (a) for administrative costs of making grants de-
23 scribed in such subsection (a) pursuant to section 712 of
24 the Energy Policy Act of 2005 (42 U.S.C. 16062).
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1 SEC. 30444. ENERGY COMMUNITY REINVESTMENT FINANC-
2 ING.
3 Title XVII of the Energy Policy Act of 2005 is
4 amended by inserting after section 1705 (42 U.S.C.
5 16516) the following:
6 ‘‘SEC. 1706. ENERGY COMMUNITY REINVESTMENT FINANC-
7 ING PROGRAM.
8 ‘‘(a) APPROPRIATION.—In addition to amounts oth-
9 erwise available, there is appropriated to the Secretary for
10 fiscal year 2022, out of any money in the Treasury not
11 otherwise appropriated, $5,000,000,000, to remain avail-
12 able until September 30, 2026, for the cost of providing
13 financial support under this section, the gross principal
14 amount of which shall not exceed $250,000,000,000.
15 ‘‘(b) ESTABLISHMENT.—Notwithstanding section
16 1702(f) and section 1703, and not later than 180 days
17 after the date of enactment of this section, the Secretary
18 shall establish a program to provide financial support, in
19 such form and on such terms and conditions as the Sec-
20 retary determines appropriate, to eligible entities for the
21 purpose of making or enabling low-carbon reinvestments
22 in energy communities, which such reinvestments may in-
23 clude—
24 ‘‘(1) supporting workers who are or have been
25 engaged in providing, or have been affected by the
26 provision of, energy-intensive goods or services by
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1 helping such workers find employment opportunities,
2 including by providing training and education;
3 ‘‘(2) redeveloping a community that is or was
4 engaged in providing, or has been affected by the
5 provision of, energy-intensive goods or services;
6 ‘‘(3) accelerating remediation of environmental
7 damage caused by the provision of energy-intensive
8 goods or services; and
9 ‘‘(4) mitigating the effects on customers of any
10 significant reduction in the carbon intensity of goods
11 or services provided by the eligible entity, including
12 by the cost-effective abatement of greenhouse gas
13 emissions from continuing operations and the
14 repowering, retooling, repurposing, redeveloping, or
15 remediating of any long-lived assets, lands, or infra-
16 structure currently or previously used by the eligible
17 entity primarily to support the provision of energy-
18 intensive goods or services.
19 ‘‘(c) APPLICATION REQUIREMENT.—To apply for fi-
20 nancial support provided under this section, an eligible en-
21 tity shall submit to the Secretary an application at such
22 time, in such manner, and containing such information as
23 the Secretary may require, which such application shall
24 include—
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1 ‘‘(1) a detailed plan describing the activities to
2 be carried out in accordance with subsection (b), in-
3 cluding activities for the measurement, monitoring,
4 and verification of emissions of greenhouse gases;
5 and
6 ‘‘(2) if the eligible entity is a utility subject to
7 regulation by a State commission or other State reg-
8 ulatory authority, assurances, as determined appro-
9 priate by the Secretary, that such eligible entity
10 shall pass through any financial benefit from the
11 provision of any financial support under this section
12 to its customers or energy communities.
13 ‘‘(d) OTHER REQUIREMENTS.—
14 ‘‘(1) FEES.—Notwithstanding section
15 1702(h)(1), the Secretary shall charge and collect a
16 fee from each eligible entity that received financial
17 support provided under this section in an amount
18 the Secretary determines sufficient to cover applica-
19 ble administrative expenses (including any costs as-
20 sociated with third party consultants engaged by the
21 Secretary).
22 ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU-
23 TION.—Any cost for any financial support provided
24 under this section shall be paid in accordance with
25 subsection (b) of section 1702 (for purposes of
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1 which any reference in such subsection to a guar-
2 antee shall be considered to be a reference to finan-
3 cial support).
4 ‘‘(e) DEFINITIONS.—In this section:
5 ‘‘(1) COST.—Notwithstanding section 1701, the
6 term ‘cost’ has the meaning given such term in sec-
7 tion 502 of the Federal Credit Reform Act of 1990
8 (2 U.S.C. 661a).
9 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
10 tity’ means any entity that is directly affiliated with
11 the provision of energy-intensive goods or services.
12 ‘‘(3) ENERGY COMMUNITY.—The term ‘energy
13 community’ means a community whose members are
14 or were engaged in providing, or have been affected
15 by the provision of, energy-intensive goods and serv-
16 ices.
17 ‘‘(4) FINANCIAL SUPPORT.—The term ‘financial
18 support’ means any credit product or support the
19 Secretary determines appropriate to implement this
20 section, including—
21 ‘‘(A) a line of credit; and
22 ‘‘(B) a guarantee, including of a letter of
23 credit for the purposes of subsection (b)(3).’’.
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1 SEC. 30445. TRIBAL ENERGY LOAN GUARANTEE PROGRAM.
2 (a) APPROPRIATION.—In addition to amounts other-
3 wise available, there is appropriated to the Secretary of
4 Energy for fiscal year 2022, out of any money in the
5 Treasury not otherwise appropriated, $200,000,000, to re-
6 main available until September 30, 2028, to carry out sec-
7 tion 2602(c) of the Energy Policy Act of 1992 (25 U.S.C.
8 3502(c)).
9 (b) INCLUSIONS IN TITLE XVII DEFINITION OF
10 GUARANTEE.—Section 1701(4)(B) of the Energy Policy
11 Act of 2005 (42 U.S.C. 16511(4)(B)) is amended by strik-
12 ing the period at the end and inserting ‘‘and, for purposes
13 of minimizing financing costs, includes a guarantee by the
14 Secretary of 100 percent of the unpaid principal and inter-
15 est due on any obligation to the Federal Financing
16 Bank.’’.
17 (c) DEPARTMENT OF ENERGY TRIBAL ENERGY
18 LOAN GUARANTEE PROGRAM.— Section 2602(c) of the
19 Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amend-
20 ed—
21 (1) in paragraph (1), by striking ‘‘(as defined
22 in section 502 of the Federal Credit Reform Act of
23 1990 (2 U.S.C. 661a)) for an amount equal to not
24 more than 90 percent of’’ and inserting ‘‘(as defined
25 in section 1701 of the Energy Policy Act of 2005
26 (42 U.S.C. 16511)) for’’; and
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1 (2) in paragraph (4), by striking
2 ‘‘$2,000,000,000’’ and inserting ‘‘$20,000,000,000’’.
3 PART 5—ELECTRIC TRANSMISSION
4 SEC. 30451. TRANSMISSION LINE AND INTERTIE INCEN-
5 TIVES.
6 (a) APPROPRIATION.—In addition to amounts other-
7 wise available, there is appropriated to the Secretary of
8 Energy for fiscal year 2022, out of any money in the
9 Treasury not otherwise appropriated, to remain available
10 until September 30, 2030, $1,500,000,000 for purposes
11 of providing grants under subsection (b) and for adminis-
12 trative expenses associated with carrying out this section,
13 and $500,000,000 for the costs of providing direct loans
14 under subsection (b): Provided, That the Secretary shall
15 not enter into any loan agreement pursuant to this section
16 that could result in disbursements after September 30,
17 2031, or any grant agreement pursuant to this section
18 that could result in any outlays after September 30, 2031:
19 Provided further, That none of such loan authority made
20 available by this section shall be available for loans for
21 any projects where funds, personnel, or property (tangible
22 or intangible) of any Federal agency, instrumentality, per-
23 sonnel, or affiliated entity are expected to be used (directly
24 or indirectly) through acquisitions, contracts, demonstra-
25 tions, exchanges, grants, incentives, leases, procurements,
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1 sales, other transaction authority, or other arrangements
2 to support the project or to obtain goods or services from
3 the project: Provided further, That the previous proviso
4 shall not be interpreted as precluding the use of the loan
5 authority provided by this section for commitments to
6 loans for: (1) projects benefitting from otherwise allowable
7 Federal tax benefits; (2) projects benefitting from being
8 located on Federal land pursuant to a lease or right-of-
9 way agreement for which all consideration for all uses is:
10 (A) paid exclusively in cash; (B) deposited in the Treasury
11 as offsetting receipts; and (C) equal to the fair market
12 value; (3) projects benefitting from the Federal insurance
13 program under section 170 of the Atomic Energy Act of
14 1954 (42 U.S.C. 2210); or (4) electric generation projects
15 using transmission facilities owned or operated by a Fed-
16 eral Power Marketing Administration or the Tennessee
17 Valley Authority that have been authorized, approved, and
18 financed independent of the project receiving the guar-
19 antee: Provided further, That none of the loan authority
20 made available by this section shall be available for any
21 project unless the President has certified in advance in
22 writing that the loan and the project comply with the pro-
23 visions under this section.
24 (b) IN GENERAL.—Except as provided in subsection
25 (c), the Secretary of Energy may provide grants and direct
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1 loans to eligible entities to construct new, or make up-
2 grades to existing, eligible transmission lines or eligible
3 interties, including the related facilities thereof, if the Sec-
4 retary of Energy determines that such construction or up-
5 grade would support—
6 (1) a more robust and resilient electric grid;
7 and
8 (2) the integration of electricity from a clean
9 energy facility into the electric grid.
10 (c) OTHER REQUIREMENTS.—
11 (1) INTEREST RATES.—The Secretary of En-
12 ergy shall determine the rate of interest to charge on
13 direct loans provided under subsection (b) by taking
14 into consideration market yields on outstanding mar-
15 ketable obligations of the United States of com-
16 parable maturities as of the date the loan is dis-
17 bursed.
18 (2) RECOVERY OF COSTS FOR GRANTS.—A
19 grant provided under this section may not be used
20 to cover the portion of costs for the construction of
21 new, or for making upgrades to existing, eligible
22 transmission lines or eligible interties, including the
23 related facilities thereof, that are approved for recov-
24 ery through a Transmission Organization, regional
25 planning authority, governing or ratemaking body of
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1 an electric cooperative, State commission, or another
2 similar body.
3 (3) NO DUPLICATE ASSISTANCE.—No eligible
4 entity may receive both a grant and a direct loan for
5 the same construction of, or upgrade to, an eligible
6 transmission line or eligible intertie under this sec-
7 tion.
8 (d) DEFINITIONS.—In this section:
9 (1) CLEAN ENERGY FACILITY.—The term
10 ‘‘clean energy facility’’ means any electric generating
11 unit that does not emit carbon dioxide.
12 (2) DIRECT LOAN.—The term ‘‘direct loan’’
13 means a disbursement of funds by the Government
14 to a non-Federal borrower under a contract that re-
15 quires the repayment of such funds with or without
16 interest. The term includes the purchase of, or par-
17 ticipation in, a loan made by another lender and fi-
18 nancing arrangements that defer payment for more
19 than 90 days, including the sale of a government
20 asset on credit terms.
21 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
22 ty’’ means a non-Federal entity.
23 (4) ELIGIBLE INTERTIE.—The term ‘‘eligible
24 intertie’’ means—
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1 (A) any interties across the seam between
2 the Western Interconnection and the Eastern
3 Interconnection;
4 (B) the Pacific Northwest-Pacific South-
5 west Intertie;
6 (C) any interties between the Electric Reli-
7 ability Council of Texas and the Western Inter-
8 connection or the Eastern Interconnection; or
9 (D) such other interties that the Secretary
10 determines contribute to—
11 (i) a more robust and resilient electric
12 grid; and
13 (ii) the integration of electricity from
14 a clean energy facility into the electric
15 grid.
16 (5) ELIGIBLE TRANSMISSION LINE.—The term
17 ‘‘eligible transmission line’’ means an electric power
18 transmission line that—
19 (A) in the case of new construction under
20 subsection (b), has a transmitting capacity of
21 not less than 1,000 megawatts;
22 (B) in the case of an upgrade made under
23 subsection (b), the upgrade to which will in-
24 crease its transmitting capacity by not less than
25 500 megawatts; and
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1 (C) is capable of transmitting electricity—
2 (i) across any eligible intertie;
3 (ii) from an offshore wind generating
4 facility; or
5 (iii) along a route, or in a corridor,
6 determined by the Secretary of Energy to
7 be necessary to meet interregional or na-
8 tional electricity transmission needs.
9 (6) STATE COMMISSION; TRANSMISSION ORGA-
10 NIZATION.—The terms ‘‘State commission’’ and
11 ‘‘Transmission Organization’’ have the meanings
12 given such terms in section 3 of the Federal Power
13 Act (16 U.S.C. 796).
14 SEC. 30452. GRANTS TO FACILITATE THE SITING OF INTER-
15 STATE ELECTRICITY TRANSMISSION LINES.
16 (a) APPROPRIATION.—In addition to amounts other-
17 wise available, there is appropriated to the Secretary of
18 Energy for fiscal year 2022, out of any money in the
19 Treasury not otherwise appropriated, $800,000,000, to re-
20 main available until September 30, 2029, for making
21 grants in accordance with this section and for administra-
22 tive expenses associated with carrying out this section.
23 (b) USE OF FUNDS.—
24 (1) IN GENERAL.—The Secretary may make a
25 grant under this section to a siting authority for,
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1 with respect to a covered transmission project, any
2 of the following activities:
3 (A) Studies and analyses of the impacts of
4 the covered transmission project.
5 (B) Examination of up to 3 alternate
6 siting corridors within which the covered trans-
7 mission project feasibly could be sited.
8 (C) Hosting and facilitation of negotiations
9 in settlement meetings involving the siting au-
10 thority, the covered transmission project appli-
11 cant, and opponents of the covered transmission
12 project, for the purpose of identifying and ad-
13 dressing issues that are preventing approval of
14 the application relating to the siting or permit-
15 ting of the covered transmission project.
16 (D) Participation by the siting authority in
17 regulatory proceedings or negotiations in an-
18 other jurisdiction, or under the auspices of a
19 Transmission Organization (as defined in sec-
20 tion 3 of the Federal Power Act (16 U.S.C.
21 796)) that is also considering the siting or per-
22 mitting of the covered transmission project.
23 (E) Participation by the siting authority in
24 regulatory proceedings at the Federal Energy
25 Regulatory Commission or a State regulatory
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1 commission for determining applicable rates
2 and cost allocation for the covered transmission
3 project.
4 (F) Other measures and actions that may
5 improve the chances of, and shorten the time
6 required for, approval by the siting authority of
7 the application relating to the siting or permit-
8 ting of the covered transmission project, as the
9 Secretary determines appropriate.
10 (2) ECONOMIC DEVELOPMENT.—The Secretary
11 may make a grant under this section to a siting au-
12 thority, or other State, local, or Tribal governmental
13 entity, for economic development activities for com-
14 munities that may be affected by the construction
15 and operation of a covered transmission project, pro-
16 vided that the Secretary shall not enter into any
17 grant agreement pursuant to this section that could
18 result in any outlays after September 30, 2031.
19 (c) CONDITIONS.—
20 (1) FINAL DECISION ON APPLICATION.—In
21 order to receive a grant for an activity described in
22 subsection (b)(1), the Secretary shall require a siting
23 authority to agree, in writing, to reach a final deci-
24 sion on the application relating to the siting or per-
25 mitting of the applicable covered transmission
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1 project not later than 2 years after the date on
2 which such grant is provided, unless the Secretary
3 authorizes an extension for good cause.
4 (2) FEDERAL SHARE.—The Federal share of
5 the cost of an activity described in subparagraph
6 (D) or (E) of subsection (b)(1) shall not exceed 50
7 percent.
8 (3) ECONOMIC DEVELOPMENT.—The Secretary
9 may only disburse grant funds for economic develop-
10 ment activities under subsection (b)(2)—
11 (A) to a siting authority upon approval by
12 the siting authority of the applicable covered
13 transmission project; and
14 (B) to any other State, local, or Tribal
15 governmental entity upon commencement of
16 construction of the applicable covered trans-
17 mission project in the area under the jurisdic-
18 tion of the entity.
19 (d) RETURNING FUNDS.—If a siting authority that
20 receives a grant for an activity described in subsection
21 (b)(1) fails to use all grant funds within 2 years of receipt,
22 the siting authority shall return to the Secretary any such
23 unused funds.
24 (e) DEFINITIONS.—In this section:
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1 (1) COVERED TRANSMISSION PROJECT.—The
2 term ‘‘covered transmission project’’ means a high-
3 voltage interstate or offshore electricity transmission
4 line—
5 (A) that is proposed to be constructed and
6 to operate at a minimum of 275 kilovolts of ei-
7 ther alternating-current or direct-current elec-
8 tric energy by an entity; and
9 (B) for which such entity has applied, or
10 informed a siting authority of such entity’s in-
11 tent to apply, for regulatory approval.
12 (2) SITING AUTHORITY.—The term ‘‘siting au-
13 thority’’ means a State, local, or Tribal govern-
14 mental entity with authority to make a final deter-
15 mination regarding the siting, permitting, or regu-
16 latory status of a covered transmission project that
17 is proposed to be located in an area under the juris-
18 diction of the entity.
19 (3) STATE.—The term ‘‘State’’ means a State,
20 the District of Columbia, or any territory or posses-
21 sion of the United States.
22 SEC. 30453. ORGANIZED WHOLESALE ELECTRICITY MAR-
23 KET TECHNICAL ASSISTANCE GRANTS.
24 (a) APPROPRIATION.—In addition to amounts other-
25 wise available, there is appropriated to the Secretary for
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1 fiscal year 2022, out of any money in the Treasury not
2 otherwise appropriated, $40,000,000, to remain available
3 until fiscal year 2031, for purposes of carrying out a pro-
4 gram to provide—
5 (1) technical assistance and grants to States to
6 evaluate forming, participating in, expanding, or im-
7 proving organized wholesale electricity markets; and
8 (2) grants to States to procure data or tech-
9 nology systems related to forming, participating in,
10 expanding, or improving organized wholesale elec-
11 tricity markets.
12 (b) APPLICATIONS.—To apply for technical assist-
13 ance or a grant provided under this section, a State shall
14 submit to the Secretary an application at such time, in
15 such manner, and containing such information as the Sec-
16 retary may require.
17 (c) DEFINITIONS.—In this section:
18 (1) INDEPENDENT SYSTEM OPERATOR; RE-
19 GIONAL TRANSMISSION ORGANIZATION.—The terms
20 ‘‘Independent System Operator’’ and ‘‘Regional
21 Transmission Organization’’ have the meanings
22 given such terms in section 3 of the Federal Power
23 Act (16 U.S.C. 796).
24 (2) ORGANIZED WHOLESALE ELECTRICITY MAR-
25 KET.—The term ‘‘organized wholesale electricity
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1 market’’ means an Independent System Operator or
2 a Regional Transmission Organization.
3 (3) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of Energy.
5 (4) STATE.—The term ‘‘State’’ means a State
6 or the District of Columbia.
7 SEC. 30454. INTERREGIONAL AND OFFSHORE WIND ELEC-
8 TRICITY TRANSMISSION PLANNING, MOD-
9 ELING, AND ANALYSIS.
10 (a) APPROPRIATION.—In addition to amounts other-
11 wise available, there is appropriated to the Secretary of
12 Energy for fiscal year 2022, out of any money in the
13 Treasury not otherwise appropriated, $100,000,000, to re-
14 main available until September 30, 2031, to carry out this
15 section.
16 (b) USE OF FUNDS.—The Secretary of Energy shall
17 use amounts made available under subsection (a) to—
18 (1) pay expenses associated with convening rel-
19 evant stakeholders, including States, generation and
20 transmission developers, regional transmission orga-
21 nizations, independent system operators, environ-
22 mental organizations, electric utilities, and other
23 stakeholders the Secretary determines appropriate,
24 to address the development of interregional elec-
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1 tricity transmission and transmission of electricity
2 that is generated by offshore wind; and
3 (2) conduct planning, modeling, and analysis
4 regarding interregional electricity transmission and
5 transmission of electricity that is generated by off-
6 shore wind, taking into account the local, regional,
7 and national economic, reliability, resilience, secu-
8 rity, public policy, and environmental benefits of
9 interregional electricity transmission and trans-
10 mission of electricity that is generated by offshore
11 wind, including planning, modeling, and analysis, as
12 the Secretary determines appropriate, pertaining
13 to—
14 (A) clean energy integration into the elec-
15 tric grid, including the identification of renew-
16 able energy zones;
17 (B) the effects of changes in weather due
18 to climate change on the reliability and resil-
19 ience of the electric grid;
20 (C) cost allocation methodologies that fa-
21 cilitate the expansion of the bulk power system;
22 (D) the benefits of coordination between
23 generator interconnection processes and trans-
24 mission planning processes;
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1 (E) the effect of increased electrification
2 on the electric grid;
3 (F) power flow modeling;
4 (G) the benefits of increased interconnec-
5 tions or interties between or among the West-
6 ern Interconnection, the Eastern Interconnec-
7 tion, the Electric Reliability Council of Texas,
8 and other interconnections, as applicable;
9 (H) the cooptimization of transmission and
10 generation, including variable energy resources,
11 energy storage, and demand-side management;
12 (I) the opportunities for use of nontrans-
13 mission alternatives, energy storage, and grid-
14 enhancing technologies;
15 (J) economic development opportunities for
16 communities arising from development of inter-
17 regional electricity transmission and trans-
18 mission of electricity that is generated by off-
19 shore wind;
20 (K) evaluation of existing rights-of-way
21 and the need for additional transmission cor-
22 ridors; and
23 (L) a planned national transmission grid,
24 which would include a networked transmission
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1 system to optimize the existing grid for inter-
2 connection of offshore wind farms.
3 PART 6—ENVIRONMENTAL REVIEWS
4 SEC. 30461. DEPARTMENT OF ENERGY.
5 In addition to amounts otherwise available, there is
6 appropriated to the Department of Energy for fiscal year
7 2022, out of any money in the Treasury not otherwise ap-
8 propriated, $125,000,000, to remain available until Sep-
9 tember 30, 2031, to provide for the development of more
10 efficient, accurate, and timely reviews for planning, per-
11 mitting, and approval processes through the hiring and
12 training of personnel, the development of programmatic
13 documents, the procurement of technical or scientific serv-
14 ices for reviews, the development of data or information
15 systems, stakeholder and community engagement, the pur-
16 chase of new equipment for analysis, and the development
17 of geographic information systems and other analysis
18 tools, techniques, and guidance to improve agency trans-
19 parency, accountability, and public engagement.
20 SEC. 30462. FEDERAL ENERGY REGULATORY COMMISSION.
21 (a) IN GENERAL.—In addition to amounts otherwise
22 available, there is appropriated to the Federal Energy
23 Regulatory Commission for fiscal year 2022, out of any
24 money in the Treasury not otherwise appropriated,
25 $75,000,000, to remain available until September 30,
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1 2031, to provide for the development of more efficient, ac-
2 curate, and timely reviews for planning, permitting, and
3 approval processes through the hiring and training of per-
4 sonnel, the development of programmatic documents, the
5 procurement of technical or scientific services for reviews,
6 the development of data or information systems, stake-
7 holder and community engagement, the purchase of new
8 equipment for analysis, and the development of geographic
9 information systems and other analysis tools, techniques,
10 and guidance to improve agency transparency, account-
11 ability, and public engagement.
12 (b) FEES AND CHARGES.—Section 3401(a) of the
13 Omnibus Budget Reconciliation Act of 1986 (42 U.S.C.
14 7178(a)) shall not apply to the costs incurred by the Fed-
15 eral Energy Regulatory Commission in carrying out this
16 section.
17 PART 7—INDUSTRIAL
18 SEC. 30471. ADVANCED INDUSTRIAL FACILITIES DEPLOY-
19 MENT PROGRAM.
20 (a) APPROPRIATION.—In addition to amounts other-
21 wise available, there is appropriated to the Secretary of
22 Energy for fiscal year 2022, out of any money in the
23 Treasury not otherwise appropriated, $4,000,000,000, to
24 remain available until September 30, 2026, to carry out
25 this section.
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1 (b) PROGRAM.—The Secretary shall use funds appro-
2 priated by subsection (a) to establish a program to provide
3 financial assistance, on a competitive basis, to eligible enti-
4 ties to carry out projects for—
5 (1) the purchase and installation, or implemen-
6 tation, of advanced industrial technology at an eligi-
7 ble facility;
8 (2) retrofits, upgrades to, or operational im-
9 provements at an eligible facility to install or imple-
10 ment advanced industrial technology; or
11 (3) engineering studies and other work needed
12 to prepare an eligible facility for activities described
13 in paragraph (1) or (2).
14 (c) APPLICATION.—To be eligible to receive financial
15 assistance under the program established under subsection
16 (b), an eligible entity shall submit to the Secretary an ap-
17 plication at such time, in such manner, and containing
18 such information as the Secretary may require, including
19 the expected greenhouse gas emissions reductions to be
20 achieved by carrying out the project.
21 (d) PRIORITY.—In providing financial assistance
22 under the program established under subsection (b), the
23 Secretary shall give priority consideration to projects on
24 the basis of, as determined by the Secretary—
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1 (1) the expected greenhouse gas emissions re-
2 ductions to be achieved by carrying out the project;
3 (2) the extent to which the project would pro-
4 vide the greatest benefit for the greatest number of
5 people within the area in which the eligible facility
6 is located; and
7 (3) whether the eligible entity participates or
8 would participate in a partnership with purchasers
9 of the output of the eligible facility.
10 (e) COST SHARE.—The Secretary may require an eli-
11 gible entity to provide not more than 50 percent of the
12 cost of a project carried out pursuant to this section.
13 (f) ADMINISTRATIVE COSTS.—The Secretary shall re-
14 serve $200,000,000 of amounts made available under sub-
15 section (a) for administrative costs of carrying out this
16 section.
17 (g) DEFINITIONS.—
18 (1) ADVANCED INDUSTRIAL TECHNOLOGY.—
19 The term ‘‘advanced industrial technology’’ means
20 technology or processes designed to accelerate green-
21 house gas emissions reduction progress to net-zero
22 at an eligible facility, as determined by the Sec-
23 retary, including—
24 (A) industrial energy efficiency tech-
25 nologies;
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1 (B) equipment to electrify industrial proc-
2 esses;
3 (C) equipment to utilize low- or zero-car-
4 bon fuels, feedstocks, and energy sources;
5 (D) low- or zero-carbon process heat sys-
6 tems; and
7 (E) carbon capture, transport, utilization,
8 and storage systems.
9 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
10 ty’’ means the owner or operator of an eligible facil-
11 ity.
12 (3) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
13 cility’’ means a domestic, non-Federal, nonpower in-
14 dustrial or manufacturing facility engaged in energy-
15 intensive industrial processes, including production
16 processes for iron, steel, steel mill products, alu-
17 minum, cement, concrete, glass, pulp, paper, and in-
18 dustrial ceramics.
19 (4) FINANCIAL ASSISTANCE.—The term ‘‘finan-
20 cial assistance’’ means a grant, rebate, or coopera-
21 tive agreement.
22 (5) SECRETARY.—The term ‘‘Secretary’’ means
23 the Secretary of Energy.
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1 PART 8—OTHER ENERGY MATTERS
2 SEC. 30481. OVERSIGHT.
3 In addition to amounts otherwise available, there is
4 appropriated to the Department of Energy for fiscal year
5 2022, out of any money in the Treasury not otherwise ap-
6 propriated, $5,000,000, to remain available until Sep-
7 tember 30, 2031, for oversight by the Department of En-
8 ergy Office of Inspector General of the Department of En-
9 ergy activities for which funding is appropriated in this
10 subtitle.
11 SEC. 30482. ENERGY INFORMATION ADMINISTRATION.
12 In addition to amounts otherwise available, there is
13 appropriated to the Administrator of the Energy Informa-
14 tion Administration for fiscal year 2022, out of any money
15 in the Treasury not otherwise appropriated, $40,000,000,
16 to remain available until September 30, 2031, for data
17 collection, research, and analysis activities.
18 Subtitle E—Affordable Health Care
19 Coverage
20 SEC. 30601. ENSURING AFFORDABILITY OF COVERAGE FOR
21 CERTAIN LOW-INCOME POPULATIONS.
22 (a) REDUCING COST SHARING UNDER QUALIFIED
23 HEALTH PLANS.—Section 1402 of the Patient Protection
24 and Affordable Care Act (42 U.S.C. 18071) is amended—
25 (1) in subsection (b)—
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1 (A) in paragraph (2), by inserting ‘‘(or,
2 with respect to plan years 2023, 2024, and
3 2025, whose household income does not exceed
4 400 percent of the poverty line for a family of
5 the size involved)’’ before the period; and
6 (B) in the matter following paragraph (2),
7 by adding at the end the following new sen-
8 tence: ‘‘In the case of an individual who is de-
9 termined at any point to have a household in-
10 come for 2022 that does not exceed 138 percent
11 of the poverty line for a family of the size in-
12 volved, such individual shall, for each month
13 during such year, be treated as having a house-
14 hold income equal to 100 percent for purposes
15 of applying this section.’’; and
16 (2) in subsection (c)—
17 (A) in paragraph (1)(A), in the matter
18 preceding clause (i), by inserting ‘‘, with respect
19 to eligible insureds (other than, with respect to
20 plan years 2023, 2024, and 2025, specified en-
21 rollees (as defined in paragraph (6)(C))),’’ after
22 ‘‘first be achieved’’;
23 (B) in paragraph (2), in the matter pre-
24 ceding subparagraph (A), by inserting ‘‘with re-
25 spect to eligible insureds (other than, with re-
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1 spect to plan years 2023, 2024, and 2025, spec-
2 ified enrollees)’’ after ‘‘under the plan’’;
3 (C) in paragraph (3)—
4 (i) in subparagraph (A), by striking
5 ‘‘this subsection’’ and inserting ‘‘paragraph
6 (1) or (2)’’; and
7 (ii) in subparagraph (B), by striking
8 ‘‘this section’’ and inserting ‘‘paragraphs
9 (1) and (2)’’; and
10 (D) by adding at the end the following new
11 paragraph:
12 ‘‘(6) SPECIAL RULE FOR SPECIFIED ENROLL-
13 EES.—
14 ‘‘(A) IN GENERAL.—The Secretary shall
15 establish procedures under which the issuer of
16 a qualified health plan to which this section ap-
17 plies shall reduce cost-sharing under the plan
18 with respect to months occurring during plan
19 years 2023, 2024, and 2025 for enrollees who
20 are specified enrollees (as defined in subpara-
21 graph (C)) in a manner sufficient to increase
22 the plan’s share of the total allowed costs of
23 benefits provided under the plan to 99 percent
24 of such costs.
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1 ‘‘(B) METHODS FOR REDUCING COST
2 SHARING.—
3 ‘‘(i) IN GENERAL.—An issuer of a
4 qualified health plan making reductions
5 under this paragraph shall notify the Sec-
6 retary of such reductions and the Sec-
7 retary shall, out of funds made available
8 under clause (ii), make periodic and timely
9 payments to the issuer equal to 12 percent
10 of the total allowed costs of benefits pro-
11 vided under each such plan to specified en-
12 rollees during plan years 2023, 2024, and
13 2025.
14 ‘‘(ii) APPROPRIATION.—In addition to
15 amounts otherwise available, there are ap-
16 propriated, out of any money in the Treas-
17 ury not otherwise appropriated, such sums
18 as may be necessary to the Secretary to
19 make payments under clause (i).
20 ‘‘(C) SPECIFIED ENROLLEE DEFINED.—
21 For purposes of this section, the term ‘specified
22 enrollee’ means, with respect to a plan year, an
23 eligible insured who is determined at any point
24 to have a household income for such plan year
25 that does not exceed 138 percent of the poverty
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1 line for a family of the size involved. Such in-
2 sured shall be deemed to be a specified enrollee
3 for each month in such plan year.’’.
4 (b) OPEN ENROLLMENTS APPLICABLE TO CERTAIN
5 LOWER-INCOME POPULATIONS.—Section 1311(c) of the
6 Patient Protection and Affordable Care Act (42 U.S.C.
7 18031(c)) is amended—
8 (1) in paragraph (6)—
9 (A) in subparagraph (C), by striking at the
10 end ‘‘and’’;
11 (B) in subparagraph (D), by striking the
12 period at the end and inserting ‘‘; and’’; and
13 (C) by adding at the end the following new
14 subparagraph:
15 ‘‘(E) with respect to a qualified health plan
16 with respect to which section 1402 applies, for
17 months occurring during the period beginning
18 on January 1, 2022, and ending on December
19 31, 2025, enrollment periods described in sub-
20 paragraph (A) of paragraph (8) for individuals
21 described in subparagraph (B) of such para-
22 graph.’’; and
23 (2) by adding at the end the following new
24 paragraph:
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1 ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
2 TAIN LOW-INCOME POPULATIONS.—
3 ‘‘(A) IN GENERAL.—The enrollment period
4 described in this paragraph is, in the case of an
5 individual described in subparagraph (B), the
6 continuous period beginning on the first day
7 that such individual is so described.
8 ‘‘(B) INDIVIDUAL DESCRIBED.—For pur-
9 poses of subparagraph (A), an individual de-
10 scribed in this subparagraph is an individual—
11 ‘‘(i) with a household income that
12 does not exceed 138 percent of the poverty
13 line for a family of the size involved; and
14 ‘‘(ii) who is not eligible for minimum
15 essential coverage (as defined in section
16 5000A(f) of the Internal Revenue Code of
17 1986), other than for coverage described in
18 any of subparagraphs (B) through (E) of
19 paragraph (1) of such section.’’.
20 (c) ADDITIONAL BENEFITS FOR CERTAIN LOW-IN-
21 COME INDIVIDUALS FOR PLAN YEARS 2024 AND 2025.—
22 Section 1301(a) of the Patient Protection and Affordable
23 Care Act (42 U.S.C. 18021(a)) is amended—
24 (1) in paragraph (1)—
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1 (A) in subparagraph (B), by striking
2 ‘‘and’’ at the end;
3 (B) in subparagraph (C)(iv), by striking
4 the period and inserting ‘‘; and’’; and
5 (C) by adding at the end the following new
6 subparagraph:
7 ‘‘(D) provides, with respect to a plan of-
8 fered in the silver level of coverage to which sec-
9 tion 1402 applies during plan year 2024 and
10 2025, for benefits described in paragraph (5) in
11 the case of an individual who has a household
12 income that does not exceed 138 percent of the
13 poverty line for a family of the size involved,
14 and who is eligible to receive cost-sharing re-
15 ductions under section 1402.’’; and
16 (2) by adding at the end the following new
17 paragraph:
18 ‘‘(5) ADDITIONAL BENEFITS FOR CERTAIN
19 LOW-INCOME INDIVIDUALS FOR PLAN YEAR 2024 AND
20 2025.—
21 ‘‘(A) IN GENERAL.—
22 ‘‘(i) BENEFITS.—For purposes of
23 paragraph (1)(D), the benefits described in
24 this paragraph to be provided by a quali-
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1 fied health plan are benefits consisting
2 of—
3 ‘‘(I) non-emergency medical
4 transportation services (as described
5 in section 1902(a)(4) of the Social Se-
6 curity Act) for which Federal pay-
7 ments would have been available
8 under title XIX of the Social Security
9 Act had such services been furnished
10 to an individual enrolled under a
11 State plan (or waiver of such plan)
12 under such title; and
13 ‘‘(II) services described in sub-
14 section (a)(4)(C) of section 1905 of
15 such Act for which Federal payments
16 would have been so available;
17 which are not otherwise provided under
18 such plan as part of the essential health
19 benefits package described in section
20 1302(a).
21 ‘‘(ii) CONDITION ON PROVISION OF
22 BENEFITS.—Benefits described in this
23 paragraph shall be provided—
24 ‘‘(I) without any restriction on
25 the choice of a qualified provider from
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1 whom an individual may receive such
2 benefits; and
3 ‘‘(II) without any imposition of
4 cost sharing.
5 ‘‘(B) PAYMENTS FOR ADDITIONAL BENE-
6 FITS.—
7 ‘‘(i) IN GENERAL.—An issuer of a
8 qualified health plan making payments for
9 services described in subparagraph (A) fur-
10 nished to individuals described in para-
11 graph (1)(D) during plan year 2024 or
12 2025 shall notify the Secretary of such
13 payments and the Secretary shall, out of
14 funds made available under clause (ii),
15 make periodic and timely payments to the
16 issuer equal to payments for such services
17 so furnished.
18 ‘‘(ii) APPROPRIATION.—In addition to
19 amounts otherwise available, there is ap-
20 propriated, out of any money in the Treas-
21 ury not otherwise appropriated, such sums
22 as may be necessary to the Secretary to
23 make payments under clause (i).’’.
24 (d) EDUCATION AND OUTREACH ACTIVITIES.——
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1 (1) IN GENERAL.—Section 1321(c) of the Pa-
2 tient Protection and Affordable Care Act (42 U.S.C.
3 18041(c)) is amended by adding at the end the fol-
4 lowing new paragraph:
5 ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI-
6 TIES.—
7 ‘‘(A) IN GENERAL.—In the case of an Ex-
8 change established or operated by the Secretary
9 within a State pursuant to this subsection, the
10 Secretary shall carry out outreach and edu-
11 cational activities for purposes of informing in-
12 dividuals described in section
13 1902(a)(10)(A)(i)(VIII) of the Social Security
14 Act who reside in States that have not ex-
15 pended amounts under a State plan (or waiver
16 of such plan) under title XIX of such Act for
17 all such individuals about qualified health plans
18 offered through the Exchange, including by in-
19 forming such individuals of the availability of
20 coverage under such plans and financial assist-
21 ance for coverage under such plans. Such out-
22 reach and educational activities shall be pro-
23 vided in a manner that is culturally and linguis-
24 tically appropriate to the needs of the popu-
25 lations being served by the Exchange (including
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1 hard-to-reach populations, such as racial and
2 sexual minorities, limited English proficient
3 populations, individuals residing in areas where
4 the unemployment rates exceeds the national
5 average unemployment rate, individuals in rural
6 areas, veterans, and young adults).
7 ‘‘(B) LIMITATION ON USE OF FUNDS.—No
8 funds appropriated under this paragraph shall
9 be used for expenditures for promoting non-
10 ACA compliant health insurance coverage.
11 ‘‘(C) NON-ACA COMPLIANT HEALTH INSUR-
12 ANCE COVERAGE.—For purposes of subpara-
13 graph (B):
14 ‘‘(i) The term ‘non-ACA compliant
15 health insurance coverage’ means health
16 insurance coverage, or a group health plan,
17 that is not a qualified health plan.
18 ‘‘(ii) Such term includes the following:
19 ‘‘(I) An association health plan.
20 ‘‘(II) Short-term limited duration
21 insurance.
22 ‘‘(D) FUNDING.—In addition to amounts
23 otherwise available, there is appropriated, out of
24 any money in the Treasury not otherwise ap-
25 propriated, to remain available until expended,
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1 $105,000,000 for fiscal year 2022 to carry out
2 this paragraph, of which—
3 ‘‘(i) $15,000,000 shall be used to
4 carry out this paragraph in fiscal year
5 2022; and
6 ‘‘(ii) $30,000,000 shall be used to
7 carry out this paragraph for each of fiscal
8 years 2023 through 2025.’’.
9 (2) NAVIGATOR PROGRAM.—Section 1311(i)(6)
10 of the Patient Protection and Affordable Care Act
11 (42 U.S.C. 18031(i)(6)) is amended—
12 (A) by striking ‘‘FUNDING.—Grants
13 under’’ and inserting ‘‘FUNDING.—
14 ‘‘(A) STATE EXCHANGES.—Grants under’’;
15 and
16 (B) by adding at the end the following new
17 subparagraph:
18 ‘‘(B) FEDERAL EXCHANGES.—For pur-
19 poses of carrying out this subsection, with re-
20 spect to an Exchange established and operated
21 by the Secretary within a State pursuant to sec-
22 tion 1321(c), the Secretary shall obligate not
23 less than $10,000,000 out of amounts collected
24 through the user fees on participating health in-
25 surance issuers pursuant to section 156.50 of
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1 title 45, Code of Federal Regulations (or any
2 successor regulations) for fiscal year 2022, and
3 not less than $20,000,000 for each of fiscal
4 years 2023, 2024, and 2025. Such amount so
5 obligated for a fiscal year shall remain available
6 until expended.’’.
7 (e) FUNDING.—In addition to amounts otherwise
8 available, there is appropriated to the Secretary of Health
9 and Human Services for fiscal year 2022, out of any
10 money in the Treasury not otherwise appropriated,
11 $65,000,000, to remain available until expended, for pur-
12 poses of carrying out the provisions of, and the amend-
13 ments made by, this section, section 30602, and section
14 30603.
15 SEC. 30602. ESTABLISHING A HEALTH INSURANCE AFFORD-
16 ABILITY FUND.
17 (a) IN GENERAL.—Subtitle D of title I of the Patient
18 Protection and Affordable Care Act is amended by insert-
19 ing after section 1343 (42 U.S.C. 18063) the following
20 new part:
21 ‘‘PART 6—IMPROVE HEALTH INSURANCE
22 AFFORDABILITY FUND
23 ‘‘SEC. 1351. ESTABLISHMENT OF PROGRAM.
24 ‘‘There is hereby established the ‘Improve Health In-
25 surance Affordability Fund’ to be administered by the Sec-
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1 retary of Health and Human Services, acting through the
2 Administrator of the Centers for Medicare & Medicaid
3 Services (in this section referred to as the ‘Adminis-
4 trator’), to provide funding, in accordance with this part,
5 to the 50 States and the District of Columbia (each re-
6 ferred to in this section as a ‘State’) beginning on January
7 1, 2023, for the purposes described in section 1352.
8 ‘‘SEC. 1352. USE OF FUNDS.
9 ‘‘(a) IN GENERAL.—A State shall use the funds allo-
10 cated to the State under this part for one of the following
11 purposes:
12 ‘‘(1) To provide reinsurance payments to health
13 insurance issuers with respect to individuals enrolled
14 under individual health insurance coverage (other
15 than through a plan described in subsection (b)) of-
16 fered by such issuers.
17 ‘‘(2) To provide assistance (other than through
18 payments described in paragraph (1)) to reduce out-
19 of-pocket costs, such as copayments, coinsurance,
20 premiums, and deductibles, of individuals enrolled
21 under qualified health plans offered on the indi-
22 vidual market through an Exchange and of individ-
23 uals enrolled under standard health plans offered
24 through a basic health program established under
25 section 1331.
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1 ‘‘(b) EXCLUSION OF CERTAIN GRANDFATHERED
2 PLANS, TRANSITIONAL PLANS, STUDENT HEALTH
3 PLANS, AND EXCEPTED BENEFITS.—For purposes of
4 subsection (a), a plan described in this subsection is the
5 following:
6 ‘‘(1) A grandfathered health plan (as defined in
7 section 1251).
8 ‘‘(2) A plan (commonly referred to as a ‘transi-
9 tional plan’) continued under the letter issued by the
10 Centers for Medicare & Medicaid Services on No-
11 vember 14, 2013, to the State Insurance Commis-
12 sioners outlining a transitional policy for coverage in
13 the individual and small group markets to which sec-
14 tion 1251 does not apply, and under the extension
15 of the transitional policy for such coverage set forth
16 in the Insurance Standards Bulletin Series guidance
17 issued by the Centers for Medicare & Medicaid Serv-
18 ices on March 5, 2014, February 29, 2016, Feb-
19 ruary 13, 2017, April 9, 2018, March 25, 2019,
20 January 31, 2020, and January 19, 2021, or under
21 any subsequent extensions thereof.
22 ‘‘(3) Student health insurance coverage (as de-
23 fined in section 147.145 of title 45, Code of Federal
24 Regulations, or any successor regulation).
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1 ‘‘(4) Excepted benefits (as defined in section
2 2791(c) of the Public Health Service Act).
3 ‘‘SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT
4 SAFEGUARD.
5 ‘‘(a) ENCOURAGING STATE OPTIONS FOR ALLOCA-
6 TIONS.—
7 ‘‘(1) IN GENERAL.—Subject to subsection (b),
8 to be eligible for an allocation of funds under this
9 part for a year (beginning with 2023), a State shall
10 submit to the Administrator an application at such
11 time (but, in the case of allocations for 2023, not
12 later than 120 days after the date of the enactment
13 of this part and, in the case of allocations for a sub-
14 sequent year, not later than January 1 of the pre-
15 vious year) and in such form and manner as speci-
16 fied by the Administrator containing—
17 ‘‘(A) a description of how the funds will be
18 used; and
19 ‘‘(B) such other information as the Admin-
20 istrator may require.
21 ‘‘(2) AUTOMATIC APPROVAL.—An application so
22 submitted is approved (as outlined in the terms of
23 the plan) unless the Administrator notifies the State
24 submitting the application, not later than 90 days
25 after the date of the submission of such application,
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1 that the application has been denied for not being in
2 compliance with any requirement of this part and of
3 the reason for such denial.
4 ‘‘(3) SUBSEQUENT YEAR APPLICATION AP-
5 PROVAL.—If an application of a State is approved
6 for a purpose described in section 1352 for a year,
7 such application shall be treated as approved for
8 such purpose for each of subsequent year through
9 2025.
10 ‘‘(4) OVERSIGHT AUTHORITY AND AUTHORITY
11 TO REVOKE APPROVAL.—
12 ‘‘(A) OVERSIGHT.—The Secretary may
13 conduct periodic reviews of the use of funds
14 provided to a State under this section, with re-
15 spect to a purpose described in section 1352, to
16 ensure the State uses such funds for such pur-
17 pose and otherwise complies with the require-
18 ments of this section.
19 ‘‘(B) REVOCATION OF APPROVAL.—The
20 approval of an application of a State, with re-
21 spect to a purpose described in section 1352,
22 may be revoked if the State fails to use funds
23 provided to the State under this section for
24 such purpose or otherwise fails to comply with
25 the requirements of this section.
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1 ‘‘(b) DEFAULT FEDERAL SAFEGUARD FOR 2023,
2 2024, AND 2025 FOR CERTAIN STATES.—
3 ‘‘(1) IN GENERAL.—For 2023, 2024, and 2025,
4 in the case of a State described in paragraph (5),
5 with respect to such year, the State shall not be eli-
6 gible to submit an application under subsection (a),
7 and the Administrator, in consultation with the ap-
8 plicable State authority, shall from the amount cal-
9 culated under paragraph (3) for such year, carry out
10 the purpose described in paragraph (2) in such State
11 for such year.
12 ‘‘(2) SPECIFIED USE.—The amount described
13 in paragraph (3), with respect to a State described
14 in paragraph (5) for 2023, 2024, or 2025, shall be
15 used to carry out the purpose described in section
16 1352(a)(1) in such State for such year, as applica-
17 ble, by providing reinsurance payments to health in-
18 surance issuers with respect to attachment range
19 claims (as defined in section 1354(b)(2), using the
20 dollar amounts specified in subparagraph (B) of
21 such section for such year) in an amount equal to,
22 subject to paragraph (4), the percentage (specified
23 for such year by the Secretary under such subpara-
24 graph) of the amount of such claims.
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1 ‘‘(3) AMOUNT DESCRIBED.—The amount de-
2 scribed in this paragraph, with respect to 2023,
3 2024, or 2025, is the amount equal to the total sum
4 of amounts that the Secretary would otherwise esti-
5 mate under section 1354(b)(2)(A)(i) for such year
6 for each State described in paragraph (5) for such
7 year, as applicable, if each such State were not so
8 described for such year.
9 ‘‘(4) ADJUSTMENT.—For purposes of this sub-
10 section, the Secretary may apply a percentage under
11 paragraph (3) with respect to a year that is less
12 than the percentage otherwise specified in section
13 1354(b)(2)(B) for such year, if the cost of paying
14 the total eligible attachment range claims for States
15 described in paragraph (5) for such year at such
16 percentage otherwise specified would exceed the
17 amount calculated under paragraph (3) for such
18 year.
19 ‘‘(5) STATE DESCRIBED.—A State described in
20 this paragraph, with respect to years 2023, 2024,
21 and 2025, is a State that, as of January 1 of 2022,
22 2023, or 2024, respectively, was not expending
23 amounts under the State plan (or waiver of such
24 plan) for all individuals described in section
25 1902(a)(10)(A)(i)(VIII) during such year.
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1 ‘‘SEC. 1354. ALLOCATIONS.
2 ‘‘(a) APPROPRIATION.—In addition to amounts oth-
3 erwise available, there is appropriated, out of any money
4 in the Treasury not otherwise appropriated,
5 $10,000,000,000 for 2023 and each subsequent year
6 through 2025 to provide allocations for States under sub-
7 section (b) and payments under section 1353(b).
8 ‘‘(b) ALLOCATIONS.—
9 ‘‘(1) PAYMENT.—
10 ‘‘(A) IN GENERAL.—From amounts appro-
11 priated under subsection (a) for a year, the
12 Secretary shall, with respect to a State not de-
13 scribed in section 1353(b) for such year and
14 not later than the date specified under subpara-
15 graph (B) for such year, allocate for such State
16 the amount determined for such State and year
17 under paragraph (2).
18 ‘‘(B) SPECIFIED DATE.—For purposes of
19 subparagraph (A), the date specified in this
20 subparagraph is—
21 ‘‘(i) for 2023, the date that is 90 days
22 after the date of the enactment of this
23 part; and
24 ‘‘(ii) for 2024 or 2025, January 1 of
25 the previous year.
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1 ‘‘(C) NOTIFICATIONS OF ALLOCATION
2 AMOUNTS.—For 2024 and 2025, the Secretary
3 shall notify each State of the amount deter-
4 mined for such State under paragraph (2) for
5 such year by not later than January 1 of the
6 previous year.
7 ‘‘(2) ALLOCATION AMOUNT DETERMINA-
8 TIONS.—
9 ‘‘(A) IN GENERAL.—For purposes of para-
10 graph (1), the amount determined under this
11 paragraph for a year for a State described in
12 paragraph (1)(A) for such year is the amount
13 equal to—
14 ‘‘(i) the amount that the Secretary es-
15 timates would be expended under this part
16 for such year on attachment range claims
17 of individuals residing in such State if such
18 State used such funds only for the purpose
19 described in paragraph (1) of section
20 1352(a) at the dollar amounts and per-
21 centage specified under subparagraph (B)
22 for such year; minus
23 ‘‘(ii) the amount, if any, by which the
24 Secretary determines—
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1 ‘‘(I) the estimated amount of
2 premium tax credits under section
3 36B of the Internal Revenue Code of
4 1986 that would be attributable to in-
5 dividuals residing in such State for
6 such year without application of this
7 part; exceeds
8 ‘‘(II) the estimated amount of
9 premium tax credits under section
10 36B of the Internal Revenue Code of
11 1986 that would be attributable to in-
12 dividuals residing in such State for
13 such year if section 1353(b) applied
14 for such year and applied with respect
15 to such State for such year.
16 For purposes of the previous sentence and sec-
17 tion 1353(b)(3), the term ‘attachment range
18 claims’ means, with respect to an individual, the
19 claims for such individual that exceed a dollar
20 amount specified by the Secretary for a year,
21 but do not exceed a ceiling dollar amount speci-
22 fied by the Secretary for such year, under sub-
23 paragraph (B).
24 ‘‘(B) SPECIFICATIONS.—For purposes of
25 subparagraph (A) and section 1353(b)(3), the
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1 Secretary shall determine the dollar amounts
2 and the percentage to be specified under this
3 subparagraph for a year in a manner to ensure
4 that the total amount of expenditures under
5 this part for such year is estimated to equal the
6 total amount appropriated for such year under
7 subsection (a) if such expenditures were used
8 solely for the purpose described in paragraph
9 (1) of section 1352(a) for attachment range
10 claims at the dollar amounts and percentage so
11 specified for such year.
12 ‘‘(3) AVAILABILITY.—Funds allocated to a
13 State under this subsection for a year shall remain
14 available through the end of the subsequent year.’’.
15 (b) BASIC HEALTH PROGRAM FUNDING ADJUST-
16 MENTS.—Section 1331 of the Patient Protection and Af-
17 fordable Care Act (42 U.S.C. 18051) is amended—
18 (1) in subsection (a), by adding at the end the
19 following new paragraph:
20 ‘‘(3) PROVISION OF INFORMATION ON QUALI-
21 FIED HEALTH PLAN PREMIUMS.—
22 ‘‘(A) IN GENERAL.—For plan years begin-
23 ning on or after January 1, 2023, the program
24 described in paragraph (1) shall provide that a
25 State may not establish a basic health program
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1 unless such State furnishes to the Secretary,
2 with respect to each qualified health plan of-
3 fered in such State during a year that receives
4 any reinsurance payment from funds made
5 available under part 6 for such year, the ad-
6 justed premium amount (as defined in subpara-
7 graph (B)) for each such plan and year.
8 ‘‘(B) ADJUSTED PREMIUM AMOUNT DE-
9 FINED.—For purposes of subparagraph (A), the
10 term ‘adjusted premium amount’ means, with
11 respect to a qualified health plan and a year,
12 the monthly premium for such plan and year
13 that would have applied had such plan not re-
14 ceived any payments described in subparagraph
15 (A) for such year.’’; and
16 (2) in subsection (d)(3)(A)(ii), by adding at the
17 end the following new sentence: ‘‘In making such de-
18 termination, the Secretary shall calculate the value
19 of such premium tax credits that would have been
20 provided to such individuals enrolled through a basic
21 health program established by a State during a year
22 using the adjusted premium amounts (as defined in
23 subsection (a)(3)(B)) for qualified health plans of-
24 fered in such State during such year.’’.
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1 (c) IMPLEMENTATION AUTHORITY.—The Secretary
2 of Health and Human Services may implement the provi-
3 sions of, and the amendments made by, this section by
4 subregulatory guidance or otherwise.
5 SEC. 30603. FUNDING FOR THE PROVISION OF HEALTH IN-
6 SURANCE CONSUMER INFORMATION.
7 Section 2793(e) of the Public Health Service Act (42
8 U.S.C. 300gg–93(e)) is amended by adding at the end the
9 following new paragraph:
10 ‘‘(3) FUNDING FOR 2022 THROUGH 2025.—In
11 addition to amounts otherwise available, there is ap-
12 propriated, out of any money in the Treasury not
13 otherwise appropriated, $100,000,000 for 2022, to
14 remain available until expended, of which
15 $25,000,000 shall be used for each of 2022 through
16 2025 to carry out this section.’’.
17 SEC. 30604. REQUIREMENTS WITH RESPECT TO COST-SHAR-
18 ING FOR INSULIN PRODUCTS.
19 (a) IN GENERAL.—Part D of title XXVII of the Pub-
20 lic Health Service Act (42 U.S.C. 300gg–111 et seq.) is
21 amended by adding at the end the following:
22 ‘‘SEC. 2799A–11. REQUIREMENTS WITH RESPECT TO COST-
23 SHARING FOR CERTAIN INSULIN PRODUCTS.
24 ‘‘(a) IN GENERAL.—For plan years beginning on or
25 after January 1, 2023, a group health plan or health in-
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1 surance issuer offering group or individual health insur-
2 ance coverage shall provide coverage of selected insulin
3 products, and with respect to such products, shall not—
4 ‘‘(1) apply any deductible; or
5 ‘‘(2) impose any cost-sharing in excess of the
6 lesser of, per 30-day supply—
7 ‘‘(A) $35; or
8 ‘‘(B) the amount equal to 25 percent of
9 the negotiated price of the selected insulin prod-
10 uct net of all price concessions received by or on
11 behalf of the plan or coverage, including price
12 concessions received by or on behalf of third-
13 party entities providing services to the plan or
14 coverage, such as pharmacy benefit manage-
15 ment services.
16 ‘‘(b) DEFINITIONS.—In this section:
17 ‘‘(1) SELECTED INSULIN PRODUCTS.—The term
18 ‘selected insulin products’ means at least one of each
19 dosage form (such as vial, pump, or inhaler dosage
20 forms) of each different type (such as rapid-acting,
21 short-acting, intermediate-acting, long-acting, ultra
22 long-acting, and premixed) of insulin (as defined
23 below), when available, as selected by the group
24 health plan or health insurance issuer.
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1 ‘‘(2) INSULIN DEFINED.—The term ‘insulin’
2 means insulin that is licensed under subsection (a)
3 or (k) of section 351 and continues to be marketed
4 under such section, including any insulin product
5 that has been deemed to be licensed under section
6 351(a) pursuant to section 7002(e)(4) of the Bio-
7 logics Price Competition and Innovation Act of 2009
8 and continues to be marketed pursuant to such li-
9 censure.
10 ‘‘(c) OUT-OF-NETWORK PROVIDERS.—Nothing in
11 this section requires a plan or issuer that has a network
12 of providers to provide benefits for selected insulin prod-
13 ucts described in this section that are delivered by an out-
14 of-network provider, or precludes a plan or issuer that has
15 a network of providers from imposing higher cost-sharing
16 than the levels specified in subsection (a) for selected insu-
17 lin products described in this section that are delivered
18 by an out-of-network provider.
19 ‘‘(d) RULE OF CONSTRUCTION.—Subsection (a) shall
20 not be construed to require coverage of, or prevent a group
21 health plan or health insurance coverage from imposing
22 cost-sharing other than the levels specified in subsection
23 (a) on, insulin products that are not selected insulin prod-
24 ucts, to the extent that such coverage is not otherwise re-
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1 quired and such cost-sharing is otherwise permitted under
2 Federal and applicable State law.
3 ‘‘(e) APPLICATION OF COST-SHARING TOWARDS
4 DEDUCTIBLES AND OUT-OF-POCKET MAXIMUMS.—Any
5 cost-sharing payments made pursuant to subsection (a)(2)
6 shall be counted toward any deductible or out-of-pocket
7 maximum that applies under the plan or coverage.’’.
8 (b) NO EFFECT ON OTHER COST-SHARING.—Section
9 1302(d)(2) of the Patient Protection and Affordable Care
10 Act (42 U.S.C. 18022(d)(2)) is amended by adding at the
11 end the following new subparagraph:
12 ‘‘(D) SPECIAL RULE RELATING TO INSU-
13 LIN COVERAGE.—The exemption of coverage of
14 selected insulin products (as defined in section
15 2799A–11(b) of the Public Health Service Act)
16 from the application of any deductible pursuant
17 to section 2799A–11(a)(1) of such Act, section
18 726(a)(1) of the Employee Retirement Income
19 Security Act of 1974, or section 9826(a)(1) of
20 the Internal Revenue Code of 1986 shall not be
21 considered when determining the actuarial value
22 of a qualified health plan under this sub-
23 section.’’.
24 (c) COVERAGE OF CERTAIN INSULIN PRODUCTS
25 UNDER CATASTROPHIC PLANS.—Section 1302(e) of the
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1 Patient Protection and Affordable Care Act (42 U.S.C.
2 18022(e)) is amended by adding at the end the following:
3 ‘‘(4) COVERAGE OF CERTAIN INSULIN PROD-
4 UCTS.—
5 ‘‘(A) IN GENERAL.—Notwithstanding para-
6 graph (1)(B)(i), a health plan described in
7 paragraph (1) shall provide coverage of selected
8 insulin products, in accordance with section
9 2799A–11 of the Public Health Service Act, for
10 a plan year before an enrolled individual has in-
11 curred cost-sharing expenses in an amount
12 equal to the annual limitation in effect under
13 subsection (c)(1) for the plan year.
14 ‘‘(B) TERMINOLOGY.—For purposes of
15 subparagraph (A)—
16 ‘‘(i) the term ‘selected insulin prod-
17 ucts’ has the meaning given such term in
18 section 2799A–11(b) of the Public Health
19 Service Act; and
20 ‘‘(ii) the requirements of section
21 2799A–11 of such Act shall be applied by
22 deeming each reference in such section to
23 ‘individual health insurance coverage’ to be
24 a reference to a plan described in para-
25 graph (1).’’.
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1 SEC. 30605. COST-SHARING REDUCTIONS FOR INDIVIDUALS
2 RECEIVING UNEMPLOYMENT COMPENSA-
3 TION.
4 Section 1402(f) of the Patient Protection and Afford-
5 able Care Act (42 U.S.C. 18071(f)) is amended—
6 (1) in the header, by striking ‘‘2021’’ and in-
7 serting ‘‘CERTAIN YEARS’’;
8 (2) in the matter preceding paragraph (1), by
9 striking ‘‘2021’’ and inserting ‘‘any of years 2021
10 through 2022’’; and
11 (3) in paragraph (2), by striking ‘‘133 percent’’
12 and inserting ‘‘150 percent’’.
13 SEC. 30606. OVERSIGHT OF PHARMACY BENEFIT MANAGER
14 SERVICES.
15 (a) IN GENERAL.—Title XXVII of the Public Health
16 Service Act (42 U.S.C. 300gg et seq.), as amended by sec-
17 tion 30604, is further amended—
18 (1) in part D (42 U.S.C. 300gg–111 et seq.),
19 by adding at the end the following new section:
20 ‘‘SEC. 2799A–12. OVERSIGHT OF PHARMACY BENEFIT MAN-
21 AGER SERVICES.
22 ‘‘(a) IN GENERAL.—For plan years beginning on or
23 after January 1, 2023, a group health plan or health in-
24 surance issuer offering group health insurance coverage
25 or an entity or subsidiary providing pharmacy benefits
26 management services on behalf of such a plan or issuer
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1 shall not enter into a contract with a drug manufacturer,
2 distributor, wholesaler, subcontractor, rebate aggregator,
3 or any associated third party that limits the disclosure of
4 information to plan sponsors in such a manner that pre-
5 vents the plan or issuer, or an entity or subsidiary pro-
6 viding pharmacy benefits management services on behalf
7 of a plan or issuer, from making the reports described in
8 subsection (b).
9 ‘‘(b) REPORTS.—
10 ‘‘(1) IN GENERAL.—For plan years beginning
11 on or after January 1, 2023, not less frequently
12 than once every 6 months, a health insurance issuer
13 offering group health insurance coverage or an enti-
14 ty providing pharmacy benefits management services
15 on behalf of a group health plan or an issuer pro-
16 viding group health insurance coverage shall submit
17 to the plan sponsor (as defined in section 3(16)(B)
18 of the Employee Retirement Income Security Act of
19 1974) of such group health plan or health insurance
20 coverage a report in accordance with this subsection
21 and make such report available to the plan sponsor
22 in a machine-readable format. Each such report
23 shall include, with respect to the applicable group
24 health plan or health insurance coverage—
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1 ‘‘(A) as applicable, information collected
2 from drug manufacturers by such issuer or en-
3 tity on the total amount of copayment assist-
4 ance dollars paid, or copayment cards applied,
5 that were funded by the drug manufacturer
6 with respect to the participants and bene-
7 ficiaries in such plan or coverage;
8 ‘‘(B) a list of each drug covered by such
9 plan, issuer, or entity providing pharmacy ben-
10 efit management services that was dispensed
11 during the reporting period, including, with re-
12 spect to each such drug during the reporting
13 period—
14 ‘‘(i) the brand name, chemical entity,
15 and National Drug Code;
16 ‘‘(ii) the number of participants and
17 beneficiaries for whom the drug was filled
18 during the plan year, the total number of
19 prescription fills for the drug (including
20 original prescriptions and refills), and the
21 total number of dosage units of the drug
22 dispensed across the plan year, including
23 whether the dispensing channel was by re-
24 tail, mail order, or specialty pharmacy;
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1 ‘‘(iii) the wholesale acquisition cost,
2 listed as cost per days supply and cost per
3 pill, or in the case of a drug in another
4 form, per dose;
5 ‘‘(iv) the total out-of-pocket spending
6 by participants and beneficiaries on such
7 drug, including participant and beneficiary
8 spending through copayments, coinsurance,
9 and deductibles; and
10 ‘‘(v) for any drug for which gross
11 spending of the group health plan or
12 health insurance coverage exceeded
13 $10,000 during the reporting period—
14 ‘‘(I) a list of all other drugs in
15 the same therapeutic category or
16 class, including brand name drugs
17 and biological products and generic
18 drugs or biosimilar biological products
19 that are in the same therapeutic cat-
20 egory or class as such drug; and
21 ‘‘(II) the rationale for preferred
22 formulary placement of such drug in
23 that therapeutic category or class;
24 ‘‘(C) a list of each therapeutic category or
25 class of drugs that were dispensed under the
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1 health plan or health insurance coverage during
2 the reporting period, and, with respect to each
3 such therapeutic category or class of drugs,
4 during the reporting period—
5 ‘‘(i) total gross spending by the plan,
6 before manufacturer rebates, fees, or other
7 manufacturer remuneration;
8 ‘‘(ii) the number of participants and
9 beneficiaries who filled a prescription for a
10 drug in that category or class;
11 ‘‘(iii) if applicable to that category or
12 class, a description of the formulary tiers
13 and utilization mechanisms (such as prior
14 authorization or step therapy) employed
15 for drugs in that category or class;
16 ‘‘(iv) the total out-of-pocket spending
17 by participants and beneficiaries, including
18 participant and beneficiary spending
19 through copayments, coinsurance, and
20 deductibles; and
21 ‘‘(v) for each therapeutic category or
22 class under which 3 or more drugs are in-
23 cluded on the formulary of such plan or
24 coverage—
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1 ‘‘(I) the amount received, or ex-
2 pected to be received, from drug man-
3 ufacturers in rebates, fees, alternative
4 discounts, or other remuneration—
5 ‘‘(aa) to be paid by drug
6 manufacturers for claims in-
7 curred during the reporting pe-
8 riod; or
9 ‘‘(bb) that is related to utili-
10 zation of drugs, in such thera-
11 peutic category or class;
12 ‘‘(II) the total net spending, after
13 deducting rebates, price concessions,
14 alternative discounts or other remu-
15 neration from drug manufacturers, by
16 the health plan or health insurance
17 coverage on that category or class of
18 drugs; and
19 ‘‘(III) the net price per course of
20 treatment or single fill, such as a 30-
21 day supply or 90-day supply, incurred
22 by the health plan or health insurance
23 coverage and its participants and
24 beneficiaries, after manufacturer re-
25 bates, fees, and other remuneration
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1 for drugs dispensed within such thera-
2 peutic category or class during the re-
3 porting period;
4 ‘‘(D) total gross spending on prescription
5 drugs by the plan or coverage during the re-
6 porting period, before rebates and other manu-
7 facturer fees or remuneration;
8 ‘‘(E) total amount received, or expected to
9 be received, by the health plan or health insur-
10 ance coverage in drug manufacturer rebates,
11 fees, alternative discounts, and all other remu-
12 neration received from the manufacturer or any
13 third party, other than the plan sponsor, re-
14 lated to utilization of drug or drug spending
15 under that health plan or health insurance cov-
16 erage during the reporting period;
17 ‘‘(F) the total net spending on prescription
18 drugs by the health plan or health insurance
19 coverage during the reporting period; and
20 ‘‘(G) amounts paid directly or indirectly in
21 rebates, fees, or any other type of remuneration
22 to brokers, consultants, advisors, or any other
23 individual or firm who referred the group health
24 plan’s or health insurance issuer’s business to
25 the pharmacy benefit manager.
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1 ‘‘(2) PRIVACY REQUIREMENTS.—Health insur-
2 ance issuers offering group health insurance cov-
3 erage and entities providing pharmacy benefits man-
4 agement services on behalf of a group health plan
5 shall provide information under paragraph (1) in a
6 manner consistent with the privacy, security, and
7 breach notification regulations promulgated under
8 section 264(c) of the Health Insurance Portability
9 and Accountability Act of 1996, and shall restrict
10 the use and disclosure of such information according
11 to such privacy regulations.
12 ‘‘(3) DISCLOSURE AND REDISCLOSURE.—
13 ‘‘(A) LIMITATION TO BUSINESS ASSOCI-
14 ATES.—A group health plan receiving a report
15 under paragraph (1) may disclose such informa-
16 tion only to business associates of such plan as
17 defined in section 160.103 of title 45, Code of
18 Federal Regulations (or successor regulations).
19 ‘‘(B) CLARIFICATION REGARDING PUBLIC
20 DISCLOSURE OF INFORMATION.—Nothing in
21 this section prevents a health insurance issuer
22 offering group health insurance coverage or an
23 entity providing pharmacy benefits management
24 services on behalf of a group health plan from
25 placing reasonable restrictions on the public dis-
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1 closure of the information contained in a report
2 described in paragraph (1), except that such
3 issuer or entity may not restrict disclosure of
4 such report to the Department of Health and
5 Human Services, the Department of Labor, or
6 the Department of the Treasury.
7 ‘‘(C) LIMITED FORM OF REPORT.—The
8 Secretary shall define through rulemaking a
9 limited form of the report under paragraph (1)
10 required of plan sponsors who are drug manu-
11 facturers, drug wholesalers, or other direct par-
12 ticipants in the drug supply chain, in order to
13 prevent anti-competitive behavior.
14 ‘‘(4) REPORT TO GAO.—A health insurance
15 issuer offering group health insurance coverage or
16 an entity providing pharmacy benefits management
17 services on behalf of a group health plan shall sub-
18 mit to the Comptroller General of the United States
19 each of the first 4 reports submitted to a plan spon-
20 sor under paragraph (1) with respect to such cov-
21 erage or plan, and other such reports as requested,
22 in accordance with the privacy requirements under
23 paragraph (2) and the disclosure and redisclosure
24 standards under paragraph (3), and such other in-
25 formation that the Comptroller General determines
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1 necessary to carry out the study under section
2 30606(b) of An Act to provide for reconciliation pur-
3 suant to title II of S. Con. Res. 14.
4 ‘‘(c) ENFORCEMENT.—
5 ‘‘(1) IN GENERAL.—The Secretary, in consulta-
6 tion with the Secretary of Labor and the Secretary
7 of the Treasury, shall enforce this section.
8 ‘‘(2) FAILURE TO PROVIDE TIMELY INFORMA-
9 TION.—A health insurance issuer or an entity pro-
10 viding pharmacy benefit management services that
11 violates subsection (a) or fails to provide information
12 required under subsection (b), or a drug manufac-
13 turer that fails to provide information under sub-
14 section (b)(1)(A) in a timely manner, shall be sub-
15 ject to a civil monetary penalty in the amount of
16 $10,000 for each day during which such violation
17 continues or such information is not disclosed or re-
18 ported.
19 ‘‘(3) FALSE INFORMATION.—A health insurance
20 issuer, entity providing pharmacy benefit manage-
21 ment services, or drug manufacturer that knowingly
22 provides false information under this section shall be
23 subject to a civil money penalty in an amount not
24 to exceed $100,000 for each item of false informa-
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1 tion. Such civil money penalty shall be in addition to
2 other penalties as may be prescribed by law.
3 ‘‘(4) PROCEDURE.—The provisions of section
4 1128A of the Social Security Act, other than sub-
5 section (a) and (b) and the first sentence of sub-
6 section (c)(1) of such section shall apply to civil
7 monetary penalties under this subsection in the
8 same manner as such provisions apply to a penalty
9 or proceeding under section 1128A of the Social Se-
10 curity Act.
11 ‘‘(5) WAIVERS.—The Secretary may waive pen-
12 alties under paragraph (2), or extend the period of
13 time for compliance with a requirement of this sec-
14 tion, for an entity in violation of this section that
15 has made a good-faith effort to comply with this sec-
16 tion.
17 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
18 tion shall be construed to permit a health insurance issuer,
19 group health plan, or other entity to restrict disclosure to,
20 or otherwise limit the access of, the Department of Health
21 and Human Services to a report described in subsection
22 (b)(1) or information related to compliance with sub-
23 section (a) by such issuer, plan, or entity.
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1 ‘‘(e) DEFINITION.—In this section, the term ‘whole-
2 sale acquisition cost’ has the meaning given such term in
3 section 1847A(c)(6)(B) of the Social Security Act.’’; and
4 (2) in section 2723 (42 U.S.C. 300gg–22)—
5 (A) in subsection (a)—
6 (i) in paragraph (1), by inserting
7 ‘‘(other than subsections (a) and (b) of
8 section 2799A–12)’’ after ‘‘part D’’; and
9 (ii) in paragraph (2), by inserting
10 ‘‘(other than subsections (a) and (b) of
11 section 2799A–12)’’ after ‘‘part D’’;
12 (B) in subsection (b)—
13 (i) in paragraph (1), by inserting
14 ‘‘(other than subsections (a) and (b) of
15 section 2799A–12)’’ after ‘‘part D’’;
16 (ii) in paragraph (2)(A), by inserting
17 ‘‘(other than subsections (a) and (b) of
18 section 2799A–12)’’ after ‘‘part D’’; and
19 (iii) in paragraph (2)(C)(ii), by insert-
20 ing ‘‘(other than subsections (a) and (b) of
21 section 2799A–12)’’ after ‘‘part D’’.
22 (b) GAO STUDY.—
23 (1) IN GENERAL.—Not later than 3 years after
24 the date of enactment of this Act, the Comptroller
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1 General of the United States shall report to Con-
2 gress on—
3 (A) pharmacy networks of group health
4 plans, health insurance issuers, and entities
5 providing pharmacy benefit management serv-
6 ices under such group health plan or group or
7 individual health insurance coverage, including
8 networks that have pharmacies that are under
9 common ownership (in whole or part) with
10 group health plans, health insurance issuers, or
11 entities providing pharmacy benefit manage-
12 ment services or pharmacy benefit administra-
13 tive services under group health plan or group
14 or individual health insurance coverage;
15 (B) as it relates to pharmacy networks
16 that include pharmacies under common owner-
17 ship described in subparagraph (A)—
18 (i) whether such networks are de-
19 signed to encourage enrollees of a plan or
20 coverage to use such pharmacies over other
21 network pharmacies for specific services or
22 drugs, and if so, the reasons the networks
23 give for encouraging use of such phar-
24 macies; and
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1 (ii) whether such pharmacies are used
2 by enrollees disproportionately more in the
3 aggregate or for specific services or drugs
4 compared to other network pharmacies;
5 (C) whether group health plans and health
6 insurance issuers offering group or individual
7 health insurance coverage have options to elect
8 different network pricing arrangements in the
9 marketplace with entities that provide phar-
10 macy benefit management services, the preva-
11 lence of electing such different network pricing
12 arrangements;
13 (D) pharmacy network design parameters
14 that encourage enrollees in the plan or coverage
15 to fill prescriptions at mail order, specialty, or
16 retail pharmacies that are wholly or partially-
17 owned by that issuer or entity; and
18 (E) the degree to which mail order, spe-
19 cialty, or retail pharmacies that dispense pre-
20 scription drugs to an enrollee in a group health
21 plan or health insurance coverage that are
22 under common ownership (in whole or part)
23 with group health plans, health insurance
24 issuers, or entities providing pharmacy benefit
25 management services or pharmacy benefit ad-
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1 ministrative services under group health plan or
2 group or individual health insurance coverage
3 receive reimbursement that is greater than the
4 median price charged to the group health plan
5 or health insurance issuer when the same drug
6 is dispensed to enrollees in the plan or coverage
7 by other pharmacies included in the pharmacy
8 network of that plan, issuer, or entity that are
9 not wholly or partially owned by the health in-
10 surance issuer or entity providing pharmacy
11 benefit management services.
12 (2) REQUIREMENT.—The Comptroller General
13 of the United States shall ensure that the report
14 under paragraph (1) does not contain information
15 that would allow a reader to identify a specific plan
16 or entity providing pharmacy benefits management
17 services or otherwise contain commercial or financial
18 information that is privileged or confidential.
19 (3) DEFINITIONS.—In this subsection, the
20 terms ‘‘group health plan’’, ‘‘health insurance cov-
21 erage’’, and ‘‘health insurance issuer’’ have the
22 meanings given such terms in section 2791 of the
23 Public Health Service Act (42 U.S.C. 300gg–91).
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1 SEC. 30607. FUNDING TO SUPPORT STATE APPLICATIONS
2 FOR SECTION 1332 WAIVERS AND ADMINIS-
3 TRATION.
4 Section 1332 of the Patient Protection and Afford-
5 able Care Act (42 U.S.C. 18052) is amended by adding
6 at the end the following:
7 ‘‘(f) ADMINISTRATION AND PLANNING GRANTS.—
8 ‘‘(1) APPROPRIATION.—In addition to any other
9 amounts made available, there is appropriated to the
10 Secretary of Health and Human Services for fiscal
11 year 2022, out of any amounts in the Treasury not
12 otherwise appropriated, $50,000,000, to remain
13 available until expended, for purposes of imple-
14 menting the grant program under paragraph (2) and
15 awarding grants under such paragraph.
16 ‘‘(2) GRANTS.—From the amount appropriated
17 under paragraph (1), the Secretary of Health and
18 Human Services shall award grants to States for
19 purposes of developing a new waiver application,
20 preparing an application for a waiver extension or
21 amendment, or implementing a State plan under
22 this section. The amount of a grant awarded to a
23 State under this subsection shall remain available
24 until expended.
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1 ‘‘(3) LIMITATION.—Each grant awarded to a
2 State under this subsection shall be in an amount
3 not to exceed $5,000,000.’’.
4 SEC. 30608. ADJUSTMENTS TO UNCOMPENSATED CARE
5 POOLS AND DISPROPORTIONATE SHARE HOS-
6 PITAL PAYMENTS.
7 (a) ADJUSTMENTS TO UNCOMPENSATED CARE
8 POOLS.—Section 1903 of the Social Security Act (42
9 U.S.C. 1396b) is amended by adding at the end the fol-
10 lowing new subsection:
11 ‘‘(cc) EXCLUDING EXPENDITURES FOR EXPANSION
12 POPULATION FROM ASSISTANCE UNDER WAIVERS RE-
13 LATING TO UNCOMPENSATED CARE.—With respect to a
14 State with a State plan (or waiver of such plan) that does
15 not provide, with respect to a fiscal year (beginning with
16 fiscal year 2023), to all individuals described in section
17 1902(a)(10)(A)(i)(VIII) benchmark coverage described in
18 section 1937(b)(1) or benchmark equivalent coverage de-
19 scribed in section 1937(b)(2), in the case of any experi-
20 mental, pilot, or demonstration project undertaken under
21 section 1115, with respect to such State and fiscal year,
22 that provides for Federal financial participation with re-
23 spect to expenditures for payments to providers for other-
24 wise uncompensated care that is furnished to low-income
25 individuals, uninsured individuals, or underinsured indi-
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1 viduals, notwithstanding any waiver authority available
2 under such section, such project shall exclude from Fed-
3 eral financial participation any expenditures for care that
4 is furnished with respect to such fiscal year to individuals
5 described in section 1902(a)(10)(A)(i)(VIII).’’.
6 (b) ADJUSTMENTS TO DISPROPORTIONATE SHARE
7 HOSPITAL PAYMENTS.—
8 (1) IN GENERAL.—Section 1923(f) of the Social
9 Security Act (42 U.S.C.1396r–4(f)) is amended—
10 (A) in paragraph (3)(A), by striking
11 ‘‘paragraphs (6), (7), and (8)’’ and inserting
12 ‘‘paragraphs (6), (7), (8), and (10)’’;
13 (B) in paragraph (6)(A)(vi), by inserting
14 ‘‘(except paragraph (10))’’ before ‘‘, any other
15 provision of law’’;
16 (C) in paragraph (7)(A)(i), by inserting
17 ‘‘without regard to paragraph (10),’’ before
18 ‘‘the Secretary’’; and
19 (D) by adding at the end the following new
20 paragraph:
21 ‘‘(10) STATE DSH ALLOTMENTS FOR NON-EX-
22 PANSION STATES BEGINNING WITH FISCAL YEAR
23 2023.—
24 ‘‘(A) IN GENERAL.—For fiscal year 2023
25 and each subsequent fiscal year—
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1 ‘‘(i) in the case of a State with a
2 State plan (or waiver of such plan) that,
3 with respect to such fiscal year, does not
4 provide to all individuals described in sec-
5 tion 1902(a)(10)(A)(i)(VIII) benchmark
6 coverage described in section 1937(b)(1) or
7 benchmark equivalent coverage described
8 in section 1937(b)(2), the Secretary shall
9 reduce the DSH allotment to the State for
10 such fiscal year in the amount equal to
11 12.5 percent of the DSH allotment that
12 would (after the application of paragraph
13 (6), and without the application of para-
14 graphs (7), (8), or this paragraph) be de-
15 termined under this subsection for the
16 State for such fiscal year;
17 ‘‘(ii) in the case of a State with a
18 State plan (or waiver of such plan) that,
19 with respect to such fiscal year, initially
20 provides to all individuals described in sec-
21 tion 1902(a)(10)(A)(i)(VIII) benchmark
22 coverage described in 1937(b)(1) or bench-
23 mark equivalent coverage described in sec-
24 tion 1937(b)(2), but during such fiscal
25 year stops providing to any such individual
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1 such benchmark or benchmark equivalent
2 coverage, the Secretary shall reduce the
3 DSH allotment to the State for such fiscal
4 year in the amount equal to the product
5 of—
6 ‘‘(I) 12.5 percent of the DSH al-
7 lotment that would (after the applica-
8 tion of paragraph (6), and without the
9 application of paragraphs (7), (8), or
10 this paragraph) be determined under
11 this subsection for the State for such
12 fiscal year; and
13 ‘‘(II) expressed as a percentage,
14 the number of days of such fiscal year
15 during which such State plan (or
16 waiver of such plan), with respect to
17 such fiscal year, did not provide to
18 such individuals such benchmark or
19 benchmark equivalent coverage; or
20 ‘‘(iii) in the case of a State with a
21 State plan (or waiver of such plan) that,
22 with respect to such fiscal year, either—
23 ‘‘(I) initially does not provide to
24 all individuals described in section
25 1902(a)(10)(A)(i)(VIII) benchmark
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1 coverage described in 1937(b)(1) or
2 benchmark equivalent coverage de-
3 scribed in section 1937(b)(2), but
4 during the fiscal year establishes a
5 State plan (or waiver of such plan)
6 that provides, for the remainder of the
7 fiscal year, all such individuals such
8 benchmark or benchmark equivalent
9 coverage; or
10 ‘‘(II) did not provide to all such
11 individuals such benchmark or bench-
12 mark equivalent coverage during the
13 fiscal year preceding such fiscal year
14 described in the matter preceding sub-
15 clause (I), but on the first day of such
16 fiscal year establishes a State plan (or
17 waiver of such plan) that provides, for
18 the entirety of such fiscal year, all
19 such individuals such benchmark or
20 benchmark equivalent coverage;
21 the DSH allotment for such State for such
22 fiscal year is equal to the DSH allotment
23 under this subsection (without application
24 of this paragraph) for the State for the en-
25 tirety of such fiscal year.
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1 ‘‘(B) CALCULATION OF DSH ALLOTMENTS
2 AFTER EXPANSION PERIOD.—The DSH allot-
3 ment for a State for fiscal years after which a
4 State provides under a State plan (or waiver of
5 such plan) to all individuals described in section
6 1902(a)(10)(A)(i)(VIII) benchmark coverage
7 described in section 1937(b)(1) or benchmark
8 equivalent coverage described in section
9 1937(b)(2) and, for which the State continues
10 to provide under the State plan (or waiver of
11 such plan) such benchmark or benchmark
12 equivalent coverage to such individuals, without
13 the providing of such benchmark or benchmark
14 equivalent coverage being stopped during a fis-
15 cal year (as described in the matter preceding
16 subclause (I) of subparagraph (A)(ii)), shall be
17 calculated under paragraph (3) without regard
18 to this paragraph.’’.
19 (2) TECHNICAL AMENDMENT.—Section
20 1923(f)(7)(A)(i)(II) of the Social Security Act (42
21 U.S.C.1396r–4(f)(7)(A)(i)(II)) is amended by add-
22 ing at period at the end.
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1 SEC. 30609. FURTHER INCREASE IN FMAP FOR MEDICAL AS-
2 SISTANCE FOR NEWLY ELIGIBLE MANDA-
3 TORY INDIVIDUALS.
4 Section 1905(y)(1) of the Social Security Act (42
5 U.S.C. 1396d(y)(1)) is amended—
6 (1) in subparagraph (D), by striking at the end
7 ‘‘and’’;
8 (2) in subparagraph (E), by striking ‘‘2020 and
9 each year thereafter.’’ and inserting ‘‘2020, 2021,
10 and 2022; and’’; and
11 (3) by adding at the end the following new sub-
12 paragraphs:
13 ‘‘(F) 93 percent for calendar quarters in
14 2023, 2024, and 2025; and
15 ‘‘(G) 90 percent for calendar quarters in
16 2026 and each year thereafter.’’.
17 Subtitle F—Medicaid
18 PART 1—INVESTMENTS IN HOME AND COMMU-
19 NITY-BASED SERVICES AND LONG-TERM
20 CARE QUALITY AND WORKFORCE
21 SEC. 30711. HCBS IMPROVEMENT PLANNING GRANTS.
22 (a) FUNDING.—
23 (1) IN GENERAL.—In addition to amounts oth-
24 erwise available, there is appropriated to the Sec-
25 retary for fiscal year 2022, out of any money in the
26 Treasury not otherwise appropriated, $130,000,000,
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1 to remain available until expended, for carrying out
2 this section.
3 (2) TECHNICAL ASSISTANCE AND GUIDANCE.—
4 In addition to amounts otherwise available, there is
5 appropriated to the Secretary for fiscal year 2022,
6 out of any money in the Treasury not otherwise ap-
7 propriated, $5,000,000, to remain available until ex-
8 pended, for purposes of issuing guidance and pro-
9 viding technical assistance to States intending to
10 apply for, or which are awarded, a planning grant
11 under this section, and for other administrative ex-
12 penses related to awarding planning grants under
13 this section.
14 (b) AWARD AND USE OF GRANTS.—
15 (1) DEADLINE FOR AWARD OF GRANTS.—From
16 the amount appropriated under subsection (a)(1),
17 the Secretary, not later than 12 months after the
18 date of enactment of this Act, shall solicit State re-
19 quests for HCBS improvement planning grants and
20 award such grants to all States that meet such re-
21 quirements as determined by the Secretary.
22 (2) USE OF FUNDS.—Subject to paragraph (3),
23 a State awarded a planning grant under this section
24 shall use the grant to carry out planning activities
25 for purposes of developing and submitting to the
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1 Secretary an HCBS improvement plan for the State
2 that meets the requirements of subsections (c) and
3 (d). A State may use planning grant funds to sup-
4 port activities related to the implementation of the
5 HCBS improvement plan for the State, collect and
6 report information described in subsection (c), iden-
7 tify areas for improvement to the service delivery
8 systems for home and community-based services,
9 carry out activities related to evaluating payment
10 rates for home and community-based services and
11 identifying improvements to update the rate setting
12 process, and make related infrastructure investments
13 (such as case management or other information
14 technology systems).
15 (3) LIMITATION ON USE OF FUNDS.—None of
16 the funds awarded to a State under this section may
17 be used by a State as the source of the non-Federal
18 share of expenditures under the State plan (or waiv-
19 er of such plan).
20 (c) HCBS IMPROVEMENT PLAN REQUIREMENTS.—
21 In order to meet the requirements of this subsection, an
22 HCBS improvement plan developed using funds awarded
23 to a State under this section shall include, with respect
24 to the State and subject to subsection (d), the following:
25 (1) EXISTING MEDICAID HCBS LANDSCAPE.—
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1 (A) ELIGIBILITY AND BENEFITS.—A de-
2 scription of the existing standards, pathways,
3 and methodologies for eligibility for home and
4 community-based services pursuant to the State
5 plan (or waiver of such plan), including limits
6 on assets and income, the home and commu-
7 nity-based services available under the State
8 Medicaid program and the types of settings in
9 which they may be provided, and utilization
10 management standards for such services.
11 (B) ACCESS.—
12 (i) BARRIERS.—A description of the
13 barriers to accessing home and community-
14 based services in the State identified by
15 Medicaid eligible individuals, the families
16 of such individuals, and direct care work-
17 ers and home care agencies, or other simi-
18 lar organizations.
19 (ii) AVAILABILITY; UNMET NEED.—A
20 summary, in accordance with guidance
21 issued by the Secretary and as able to be
22 practicably determined by the State, of the
23 extent to which home and community-
24 based services are available to all individ-
25 uals in the State who would be eligible for
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1 such services under the State Medicaid
2 program (including individuals who are on
3 a waiting list for such services).
4 (C) UTILIZATION.—An assessment of the
5 utilization of home and community-based serv-
6 ices in the State (including the number of indi-
7 viduals receiving such services) during such pe-
8 riod specified by the Secretary.
9 (D) SERVICE DELIVERY STRUCTURES AND
10 SUPPORTS.—A description of the service deliv-
11 ery structures for providing home and commu-
12 nity-based services in the State.
13 (E) WORKFORCE.—A description of the di-
14 rect care workforce, including estimates of the
15 number of full- and part-time direct care work-
16 ers, the average and range of direct care worker
17 wages, the benefits provided to direct care
18 workers, and the turnover and vacancy rates of
19 direct care worker positions.
20 (F) PAYMENT RATES.—
21 (i) IN GENERAL.—A description of the
22 payment rates for home and community-
23 based services, including, to the extent ap-
24 plicable, how payments for such services
25 are factored into the development of man-
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1 aged care capitation rates, when the State
2 last updated payment rates for home and
3 community-based services, and an estimate
4 of the portion of the payment rate that
5 goes toward direct care worker compensa-
6 tion.
7 (ii) ASSESSMENT.—An assessment of
8 the relationship between payment rates for
9 such services and workforce shortages, av-
10 erage beneficiary wait times for such serv-
11 ices, and provider-to-beneficiary ratios in
12 the geographic region.
13 (G) QUALITY.—A description of how the
14 quality of home and community-based services
15 is measured and monitored.
16 (H) LONG-TERM SERVICES AND SUPPORTS
17 PROVIDED IN INSTITUTIONAL SETTINGS.—A de-
18 scription of the number of individuals enrolled
19 in the State Medicaid program in a year who
20 receive items and services furnished by an insti-
21 tution for greater than 30 days in an institu-
22 tional setting.
23 (I) HCBS SHARE OF OVERALL MEDICAID
24 LTSS SPENDING.—For the most recent State
25 fiscal year for which complete data is available,
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1 the percentage of expenditures made by the
2 State under the State Medicaid program for
3 long-term services and supports that are for
4 home and community-based services.
5 (J) DEMOGRAPHIC DATA.—To the extent
6 available and as applicable with respect to the
7 information required under subparagraphs (B),
8 (C), and (H), demographic data for such infor-
9 mation, disaggregated by age groups, primary
10 disability, income brackets, gender, race, eth-
11 nicity, geography, primary language, and type
12 of service setting.
13 (2) GOALS FOR HCBS IMPROVEMENTS.—A de-
14 scription of how the State will do the following:
15 (A) Conduct the activities required under
16 subsection (jj) of section 1905 of the Social Se-
17 curity Act (as added under section 30712).
18 (B) Reduce barriers to and disparities in
19 access or utilization of home and community-
20 based services in the State.
21 (C) Monitor and report on access to home
22 and community-based services under the State
23 Medicaid program, disparities in access to such
24 services, and the utilization of such services.
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1 (D) Monitor and report the amount of
2 State Medicaid expenditures for home and com-
3 munity-based services under the State Medicaid
4 program as a proportion of the total amount of
5 State expenditures under the State Medicaid
6 program for long-term services and supports.
7 (E) Monitor and report on wages, benefits,
8 and vacancy and turnover rates for direct care
9 workers.
10 (F) Assess and monitor the sufficiency of
11 payment rates under the State Medicaid pro-
12 gram, in a manner specified by the Secretary,
13 for the specific types of home and community-
14 based services available under such program for
15 purposes of supporting direct care worker re-
16 cruitment and retention and ensuring the avail-
17 ability of home and community-based services.
18 (G) Coordinate implementation of the
19 HCBS improvement plan among the State
20 Medicaid agency and State health and human
21 services agencies serving individuals with dis-
22 abilities and the elderly.
23 (d) DEVELOPMENT AND APPROVAL REQUIRE-
24 MENTS.—
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1 (1) DEVELOPMENT REQUIREMENTS.—In order
2 to meet the requirements of this subsection, a State
3 awarded a planning grant under this section shall
4 develop an HCBS improvement plan for the State
5 through a public notice and comment process that
6 includes consultation with Medicaid eligible individ-
7 uals who are recipients of home and community-
8 based services, family caregivers of such recipients,
9 providers, health plans, direct care workers, chosen
10 representatives of direct care workers, and aging,
11 disability, and workforce advocates.
12 (2) AUTHORITY TO ADJUST CERTAIN PLAN
13 CONTENT REQUIREMENTS.—The Secretary may
14 modify the requirements for any of the information
15 specified in subsection (c)(1) if a State requests a
16 modification and demonstrates to the satisfaction of
17 the Secretary that it is impracticable for the State
18 to collect and submit the information.
19 (3) SUBMISSION AND APPROVAL.—Not later
20 than 24 months after the date on which a State is
21 awarded a planning grant under this section, the
22 State shall submit an HCBS improvement plan for
23 approval by the Secretary, along with assurances by
24 the State that the State will implement the plan in
25 accordance with the requirements of the HCBS Im-
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1 provement Program established under subsection (jj)
2 of section 1905 of the Social Security Act (42
3 U.S.C. 1396d) (as added by section 30712). The
4 Secretary shall approve and make publicly available
5 the HCBS improvement plan for a State after the
6 plan and such assurances are submitted to the Sec-
7 retary for approval and the Secretary determines the
8 plan meets the requirements of subsection (c). A
9 State may amend its HCBS improvement plan, sub-
10 ject to the approval of the Secretary that the plan
11 as so amended meets the requirements of subsection
12 (c). The Secretary may withhold or recoup funds
13 provided under this section to a State, if the State
14 fails to comply with the requirements of this section.
15 (e) DEFINITIONS.—In the part:
16 (1) DIRECT CARE WORKER.—The term ‘‘direct
17 care worker’’ means, with respect to a State, any of
18 the following individuals who are paid to provide di-
19 rectly to Medicaid eligible individuals home and com-
20 munity-based services available under the State
21 Medicaid program:
22 (A) A registered nurse, licensed practical
23 nurse, nurse practitioner, or clinical nurse spe-
24 cialist, or a licensed nursing assistant who pro-
25 vides such services under the supervision of a
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1 registered nurse, licensed practical nurse, nurse
2 practitioner, or clinical nurse specialist.
3 (B) A direct support professional.
4 (C) A personal care attendant.
5 (D) A home health aide.
6 (E) Any other paid health care profes-
7 sional or worker determined to be appropriate
8 by the State and approved by the Secretary.
9 (2) HCBS PROGRAM IMPROVEMENT STATE.—
10 The term ‘‘HCBS program improvement State’’
11 means a State that is awarded a planning grant
12 under subsection (b) and has an HCBS improve-
13 ment plan approved by the Secretary under sub-
14 section (d)(3).
15 (3) HEALTH PLAN.—The term ‘‘health plan’’
16 means any of the following entities that provide or
17 arrange for home and community-based services for
18 Medicaid eligible individuals who are enrolled with
19 the entities under a contract with a State:
20 (A) A medicaid managed care organiza-
21 tion, as defined in section 1903(m)(1)(A) of the
22 Social Security Act (42 U.S.C.
23 1396b(m)(1)(A)).
24 (B) A prepaid inpatient health plan or pre-
25 paid ambulatory health plan, as defined in sec-
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1 tion 438.2 of title 42, Code of Federal Regula-
2 tions (or any successor regulation).
3 (4) HOME AND COMMUNITY-BASED SERV-
4 ICES.—The term ‘‘home and community-based serv-
5 ices’’ means any of the following (whether provided
6 on a fee-for-service, risk, or other basis):
7 (A) Home health care services authorized
8 under paragraph (7) of section 1905(a) of the
9 Social Security Act (42 U.S.C. 1396d(a)).
10 (B) Private duty nursing services author-
11 ized under paragraph (8) of such section, when
12 such services are provided in a Medicaid eligible
13 individual’s home.
14 (C) Personal care services authorized
15 under paragraph (24) of such section.
16 (D) PACE services authorized under para-
17 graph (26) of such section.
18 (E) Home and community-based services
19 authorized under subsections (b), (c), (i), (j),
20 and (k) of section 1915 of such Act (42 U.S.C.
21 1396n), authorized under a waiver under sec-
22 tion 1115 of such Act (42 U.S.C. 1315), or
23 provided through coverage authorized under
24 section 1937 of such Act (42 U.S.C. 1396u–7).
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1 (F) Case management services authorized
2 under section 1905(a)(19) of the Social Secu-
3 rity Act (42 U.S.C. 1396d(a)(19)) and section
4 1915(g) of such Act (42 U.S.C. 1396n(g)).
5 (G) Rehabilitative services, including those
6 related to behavioral health, described in section
7 1905(a)(13) of such Act (42 U.S.C.
8 1396d(a)(13)).
9 (H) Such other services specified by the
10 Secretary.
11 (5) INSTITUTIONAL SETTING.—The term ‘‘insti-
12 tutional setting’’ means—
13 (A) a skilled nursing facility (as defined in
14 section 1819(a) of the Social Security Act (42
15 U.S.C. 1395i–3(a)));
16 (B) a nursing facility (as defined in section
17 1919(a) of such Act (42 U.S.C. 1396r(a)));
18 (C) a long-term care hospital (as described
19 in section 1886(d)(1)(B)(iv) of such Act (42
20 U.S.C. 1395ww(d)(1)(B)(iv)));
21 (D) a facility described in section 1905(d)
22 of such Act (42 U.S.C. 1396d(d)));
23 (E) an institution which is a psychiatric
24 hospital (as defined in section 1861(f) of such
25 Act (42 U.S.C. 1395x(f))) or that provides in-
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1 patient psychiatric services in a residential set-
2 ting specified by the Secretary; and
3 (F) an institution described in section
4 1905(i) of such Act (42 U.S.C. 1396d(i)).
5 (6) MEDICAID ELIGIBLE INDIVIDUAL.—The
6 term ‘‘Medicaid eligible individual’’ means an indi-
7 vidual who is eligible for and receiving medical as-
8 sistance under a State Medicaid plan or a waiver of
9 such plan. Such term includes an individual who is
10 on a waiting list and who would become eligible for
11 medical assistance and enrolled under a State Med-
12 icaid plan, or waiver of such plan, upon receipt of
13 home and community-based services.
14 (7) STATE MEDICAID PROGRAM.—The term
15 ‘‘State Medicaid program’’ means, with respect to a
16 State, the State program under title XIX of the So-
17 cial Security Act (42 U.S.C. 1396 through 1396w-
18 6) (including any waiver or demonstration under
19 such title or under section 1115 of such Act (42
20 U.S.C. 1315) relating to such title).
21 (8) SECRETARY.—The term ‘‘Secretary’’ means
22 the Secretary of Health and Human Services.
23 (9) STATE.—The term ‘‘State’’ means each of
24 the 50 States, the District of Columbia, Puerto Rico,
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1 the Virgin Islands, Guam, the Northern Mariana Is-
2 lands, and American Samoa.
3 SEC. 30712. HCBS IMPROVEMENT PROGRAM.
4 (a) INCREASED FMAP FOR HCBS PROGRAM IM-
5 PROVEMENT STATES.—Section 1905 of the Social Secu-
6 rity Act (42 U.S.C. 1396d) is amended—
7 (1) in subsection (b), by striking ‘‘and (ii)’’ and
8 inserting ‘‘(ii), and (jj)’’; and
9 (2) by adding at the end the following new sub-
10 section:
11 ‘‘(jj) ADDITIONAL SUPPORT FOR HCBS PROGRAM
12 IMPROVEMENT STATES.—
13 ‘‘(1) IN GENERAL.—
14 ‘‘(A) ADDITIONAL SUPPORT.—Subject to
15 paragraph (5), in the case of a State that is an
16 HCBS program improvement State, for each
17 fiscal quarter that begins on or after the first
18 date on which the State is an HCBS program
19 improvement State—
20 ‘‘(i) and for which the State meets the
21 requirements described in paragraphs (2)
22 and (4), notwithstanding subsection (b) or
23 (ff), subject to subparagraph (B), with re-
24 spect to amounts expended during the
25 quarter by such State for medical assist-
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1 ance for home and community-based serv-
2 ices, the Federal medical assistance per-
3 centage for such State and quarter (as de-
4 termined for the State under subsection
5 (b) and, if applicable, increased under sub-
6 section (y), (z), (aa), or (ii), section
7 6008(a) of the Families First Coronavirus
8 Response Act), or section 1915(k)(2) shall
9 be increased by 6 percentage points; and
10 ‘‘(ii) with respect to the State meeting
11 the requirements described in paragraphs
12 (2) and (4) and with respect to amounts
13 expended during the quarter and before
14 October 1, 2031, for administrative costs
15 for expanding and enhancing home and
16 community-based services, including for
17 enhancing Medicaid data and technology
18 infrastructure, modifying rate setting proc-
19 esses, adopting or improving training pro-
20 grams for direct care workers and family
21 caregivers, home and community-based
22 services ombudsman office activities (as re-
23 imbursable under section 1903(a)(7)), de-
24 veloping processes to identify direct care
25 workers and assign such workers unique
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1 identifiers (as so reimbursable), and adopt-
2 ing, carrying out, or enhancing programs
3 that register direct care workers or connect
4 beneficiaries to direct care workers, the per
5 centum specified in sections 1903(a)(7)
6 and 1903(a)(3) shall be increased to 80
7 percent.
8 In no case may the application of clause (i) re-
9 sult in the Federal medical assistance percent-
10 age determined for a State being more than 95
11 percent with respect to such expenditures. In no
12 case shall the application of clause (ii) result in
13 a reduction to the per centum otherwise speci-
14 fied without application of such clause. Any in-
15 crease pursuant to clause (ii) shall be available
16 to a State before the State meets the require-
17 ments of paragraphs (2) and (4).
18 ‘‘(B) ADDITIONAL HCBS IMPROVEMENT
19 EFFORTS.—Subject to paragraph (5), in addi-
20 tion to the increase to the Federal medical as-
21 sistance percentage under subparagraph (A)(i)
22 for amounts expended during a quarter for
23 medical assistance for home and community-
24 based services by an HCBS program improve-
25 ment State that meets the requirements of
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1 paragraphs (2) and (4) for the quarter, the
2 Federal medical assistance percentage for
3 amounts expended by the State during the
4 quarter for medical assistance for home and
5 community-based services shall be further in-
6 creased by 2 percentage points (but not to ex-
7 ceed 95 percent) during the first 6 fiscal quar-
8 ters throughout which the State has imple-
9 mented and has in effect a program that meets
10 the requirements of paragraph (3).
11 ‘‘(C) NONAPPLICATION OF TERRITORIAL
12 FUNDING CAPS.—Any payment made to Puerto
13 Rico, the Virgin Islands, Guam, the Northern
14 Mariana Islands, or American Samoa for ex-
15 penditures that are subject to an increase in the
16 Federal medical assistance percentage under
17 subparagraph (A)(i) or (B), or an increase in
18 an applicable Federal matching percentage
19 under subparagraph (A)(ii), shall not be taken
20 into account for purposes of applying payment
21 limits under subsections (f) and (g) of section
22 1108.
23 ‘‘(D) NONAPPLICATION TO CHIP EFMAP.—
24 Any increase described in subparagraph (A) (or
25 payment made for expenditures on medical as-
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1 sistance that are subject to such increase) shall
2 not be taken into account in calculating the en-
3 hanced FMAP of a State under section 2105.
4 ‘‘(2) REQUIREMENTS.—Subject to the last sen-
5 tence of paragraph (1)(A), as conditions for receipt
6 of the increase under paragraph (1) to the Federal
7 medical assistance percentage determined for a
8 State, with respect to a fiscal year quarter, the State
9 shall meet each of the following requirements:
10 ‘‘(A) NONSUPPLANTATION.—The State
11 uses the Federal funds attributable to the in-
12 crease in the Federal medical assistance per-
13 centage for amounts expended during a quarter
14 for medical assistance for home and commu-
15 nity-based services under paragraph (1)(A) and
16 paragraph (1)(B) (if applicable) to supplement,
17 and not supplant, the level of State funds ex-
18 pended for home and community-based services
19 for eligible individuals through programs in ef-
20 fect as of the date the State is awarded a plan-
21 ning grant under section 30711 of the Act ti-
22 tled ‘An Act to provide for reconciliation pursu-
23 ant to title II of S. Con. Res. 14’. In applying
24 this subparagraph, the Secretary shall provide
25 that a State shall have a 3-year period, as spec-
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1 ified by the Secretary, to spend any accumu-
2 lated unspent State funds attributable to the
3 increase described in clause (i) in the Federal
4 medical assistance percentage.
5 ‘‘(B) MAINTENANCE OF EFFORT.—
6 ‘‘(i) IN GENERAL.—The State does
7 not—
8 ‘‘(I) reduce the amount, dura-
9 tion, or scope of home and commu-
10 nity-based services available under the
11 State plan (or waiver of such plan)
12 relative to the home and community-
13 based services available under the
14 plan or a waiver of such plan as of
15 the date on which the State was
16 awarded a planning grant under sec-
17 tion 30711 of the Act titled ‘An Act
18 to provide for reconciliation pursuant
19 to title II of S. Con. Res. 14’;
20 ‘‘(II) reduce payment rates for
21 home and community-based services
22 lower than such rates that were in
23 place as of the date described in sub-
24 clause (I), including, to the extent ap-
25 plicable, assumed payment rates for
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1 such services that are included in
2 managed care capitation rates as such
3 rates are being prospectively built; or
4 ‘‘(III) except to the extent per-
5 mitted under clause (ii), adopt more
6 restrictive standards, methodologies,
7 or procedures for determining eligi-
8 bility for or the scope of medical as-
9 sistance of home and community-
10 based services, including with respect
11 to cost-sharing, than the standards,
12 methodologies, or procedures applica-
13 ble as of the date described in sub-
14 clause (I).
15 ‘‘(ii) CONDITIONS FOR FLEXI-
16 BILITY.—A State may make modifications
17 that would otherwise violate the mainte-
18 nance of effort described in clause (i) if the
19 State demonstrates to the satisfaction of
20 the Secretary that such modifications shall
21 not result in—
22 ‘‘(I) home and community-based
23 services that are less comprehensive
24 or lower in amount, duration, or
25 scope;
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1 ‘‘(II) fewer individuals (overall
2 and within particular eligibility
3 groups) receiving home and commu-
4 nity-based services, the calculation of
5 which may be adjusted for demo-
6 graphic changes since the date de-
7 scribed in clause (i)(I); or
8 ‘‘(III) increased cost-sharing
9 (other than resulting from the rate of
10 inflation) for home and community-
11 based services.
12 ‘‘(C) ACCESS TO SERVICES.—Not later
13 than an implementation date as specified by the
14 Secretary (which may vary for each of the fol-
15 lowing clauses) after the first day of the first
16 fiscal quarter for which a State receives an in-
17 crease to the Federal medical assistance per-
18 centage or other applicable Federal matching
19 percentage under paragraph (1), the State does
20 all of the following to improve access to serv-
21 ices:
22 ‘‘(i) Reduce access barriers and dis-
23 parities in access or utilization of home
24 and community-based services, as de-
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1 scribed in the State HCBS improvement
2 plan.
3 ‘‘(ii) Provides coverage of personal
4 care services authorized under subsection
5 (a)(24) for all individuals eligible for and
6 enrolled in medical assistance in the State.
7 ‘‘(iii) Provides for navigation of home
8 and community-based services through ‘no
9 wrong door’ programs, provides expedited
10 eligibility for home and community-based
11 services, and improves home and commu-
12 nity-based services counseling and edu-
13 cation programs.
14 ‘‘(iv) Expands access to behavioral
15 health services furnished in home and com-
16 munity-based settings.
17 ‘‘(v) Improves coordination of home
18 and community-based services with em-
19 ployment, housing, and transportation sup-
20 ports.
21 ‘‘(vi) Provides supports to family care-
22 givers.
23 ‘‘(vii) Newly provides coverage under,
24 or expands existing eligibility criteria for, 1
25 or more of the eligibility categories author-
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1 ized under subclause (XIII), (XV), or
2 (XVI) of section 1902(a)(10)(A)(ii).
3 ‘‘(D) WORKFORCE.—
4 ‘‘(i) IN GENERAL.—The State
5 strengthens and expands the direct care
6 workforce that provides home and commu-
7 nity-based services by—
8 ‘‘(I) adopting processes to ensure
9 that payment rates for home and com-
10 munity-based services are sufficient
11 (as defined by the Secretary) to en-
12 sure that care and services are avail-
13 able to the extent described in the
14 State HCBS improvement plan; and
15 ‘‘(II) updating qualification
16 standards as appropriate, and devel-
17 oping and adopting training opportu-
18 nities for direct care workers and fam-
19 ily caregivers, at such times as the
20 Secretary shall prescribe.
21 ‘‘(ii) PAYMENT RATES.—In carrying
22 out clause (i)(I), the State shall—
23 ‘‘(I) update and, as appropriate,
24 increase payment rates for home and
25 community-based services to support
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1 recruitment and retention of the di-
2 rect care workforce by not later than
3 2 years after approval of the HCBS
4 improvement plan and, at least every
5 3 years thereafter, using, through ex-
6 isting or other processes to determine
7 provider payment, a transparent proc-
8 ess involving meaningful input from
9 nongovernmental stakeholders; and
10 ‘‘(II) ensure that increases in the
11 payment rates for home and commu-
12 nity-based services—
13 ‘‘(aa) at a minimum, result
14 in a proportionate increase to
15 payments for direct care workers
16 and in a manner that is deter-
17 mined with input from the stake-
18 holders described in subclause
19 (I); and
20 ‘‘(bb) are incorporated into
21 provider payment rates for home
22 and community-based services
23 provided under this title by a
24 health plan, under a contract and
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1 paid through capitation rates
2 with the State.
3 ‘‘(3) SELF-DIRECTED MODELS FOR THE DELIV-
4 ERY OF SERVICES.—As conditions for receipt of the
5 increase under paragraph (1)(B) to the Federal
6 medical assistance percentage determined for a
7 State, with respect to a fiscal year quarter, the State
8 shall establish directly, or by contract with 1 or
9 more entities, including an agency with choice or a
10 similar service delivery model, a program for the
11 performance of all of the following functions to fa-
12 cilitate beneficiary use of self-directed care in the
13 case the State covers home and community-based
14 services under authorities that permit self-direction:
15 ‘‘(A) Registering qualified direct care
16 workers and assisting beneficiaries in finding
17 direct care workers.
18 ‘‘(B) Undertaking activities to recruit and
19 train independent providers to enable bene-
20 ficiaries to direct their own care, including by
21 providing or coordinating training for bene-
22 ficiaries on self-directed care.
23 ‘‘(C) Ensuring the safety of, and sup-
24 porting the quality of, care provided to bene-
25 ficiaries.
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1 ‘‘(D) Facilitating coordination between
2 State and local agencies and direct care workers
3 for matters of public health, training opportuni-
4 ties, changes in program requirements, work-
5 place health and safety, or related matters.
6 ‘‘(E) Supporting beneficiary hiring, if se-
7 lected by the beneficiary, of independent pro-
8 viders of home and community-based services,
9 including by processing applicable tax informa-
10 tion, collecting and processing timesheets, sub-
11 mitting claims and processing payments to such
12 providers.
13 ‘‘(F) To the extent a State permits bene-
14 ficiaries to hire a family member or individual
15 with whom they have an existing relationship to
16 provide home and community-based services,
17 providing support to beneficiaries who wish to
18 hire a caregiver who is a family member or in-
19 dividual with whom they have an existing rela-
20 tionship.
21 ‘‘(G) Ensuring that the program under
22 this paragraph does not promote or deter the
23 ability of workers to form a labor organization
24 or discriminate against workers who may join
25 or decline to join such an organization.
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1 ‘‘(4) REPORTING AND OVERSIGHT.—As condi-
2 tions for receipt of the increase under paragraph (1)
3 to the Federal medical assistance percentage deter-
4 mined for a State, with respect to a fiscal year quar-
5 ter, the State shall meet each of the following re-
6 quirements:
7 ‘‘(A) The State designates (by a date spec-
8 ified by the Secretary) an HCBS ombudsman
9 office (or a long-term care ombudsman program
10 office) that—
11 ‘‘(i) operates independently from the
12 State Medicaid agency and health plans;
13 ‘‘(ii) provides direct assistance to re-
14 cipients of home and community-based
15 services available under the State Medicaid
16 program and their families; and
17 ‘‘(iii) identifies and reports systemic
18 problems to State officials, the public, and
19 the Secretary.
20 ‘‘(B) Beginning with the last day of the
21 5th fiscal quarter for which the state is an
22 HCBS program improvement State, and annu-
23 ally thereafter, the State reports to the Sec-
24 retary, in a manner the Secretary shall pre-
25 scribe, on the progress of implementation of the
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1 activities described in subparagraphs (C) and
2 (D) of paragraph (2), paragraph (3) (if applica-
3 ble), the use of enhanced Federal funding pro-
4 vided under this subsection, and progress with
5 respect to home and community-based services
6 availability, utilization, disparities in access and
7 use of services, spending on HCBS, and the
8 status of the direct care workforce.
9 ‘‘(5) BENCHMARKS FOR DEMONSTRATING IM-
10 PROVEMENTS.—An HCBS program improvement
11 State shall cease to be eligible for an increase in the
12 Federal medical assistance percentage under para-
13 graph (1)(A)(i) or (1)(B) or an increase in an appli-
14 cable Federal matching percentage under paragraph
15 (1)(A)(ii) on or after the first date on which a State
16 is an HCBS program improvement State if the
17 State is found to be out of compliance with the re-
18 quirements of this subsection and unless, at the end
19 of the 29th fiscal quarter, the State demonstrates
20 the following in the annual report required in para-
21 graph (4) for such quarter:
22 ‘‘(A) Increased availability (above a mar-
23 ginal increase) of home and community-based
24 services in the State relative to such availability
25 as reported in the State HCBS improvement
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1 plan and adjusted for demographic changes in
2 the State since the submission of such plan.
3 ‘‘(B) With respect to the percentage of ex-
4 penditures made by the State for long-term
5 services and supports that are for home and
6 community-based services, in the case of an
7 HCBS program improvement State for which
8 such percentage (as reported in the State
9 HCBS improvement plan) was—
10 ‘‘(i) less than 50 percent, the State
11 demonstrates that the percentage of such
12 expenditures has increased to at least 50
13 percent since the plan was approved; and
14 ‘‘(ii) at least 50 percent, the State
15 demonstrates that such percentage has not
16 decreased since the plan was approved.
17 ‘‘(6) DEFINITIONS.—In this subsection, the
18 terms ‘State Medicaid plan’, ‘direct care worker’,
19 ‘HCBS program improvement State’, ‘health plan’;
20 and ‘home and community-based services’ have the
21 meaning given those terms in section 30711(e) of
22 the Act titled ‘An Act to provide for reconciliation
23 pursuant to title II of S. Con. Res. 14’.’’.
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1 SEC. 30713. FUNDING FOR FEDERAL ACTIVITIES RELATED
2 TO MEDICAID HCBS.
3 In addition to amounts otherwise available, there is
4 appropriated to the Secretary for fiscal year 2022, out of
5 any money in the Treasury not otherwise appropriated,
6 $40,000,000, to remain available until expended, to carry
7 out section 30712 (including the amendments made by
8 such section), including by issuing necessary guidance and
9 technical assistance to States, conducting program integ-
10 rity and oversight efforts, and preparing and submitting
11 to the Committee on Energy and Commerce of the House
12 of Representatives and the Committee on Finance of the
13 Senate, beginning 5 years after the date of the enactment
14 of this Act and every three years thereafter, a report de-
15 scribing the progress of the HCBS planning and improve-
16 ment activities undertaken by States as applicable and as
17 described in sections 30711 and 30712 (including the
18 amendments made by such sections), and describing the
19 impact of such activities on access to care, including with
20 respect to disparities in access and utilization, and the di-
21 rect care workforce.
22 SEC. 30714. FUNDING FOR HCBS QUALITY MEASUREMENT
23 AND IMPROVEMENT.
24 (a) INCREASED FEDERAL MATCHING RATE FOR
25 ADOPTION AND REPORTING OF HCBS QUALITY MEAS-
26 URES.—
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1 (1) IN GENERAL.—Section 1903(a)(3) of the
2 Social Security Act (42 U.S.C. 1396b(a)(3)) is
3 amended—
4 (A) in subparagraph (F)(ii), by striking
5 ‘‘plus’’ after the semicolon and inserting ‘‘and’’;
6 and
7 (B) by inserting after subparagraph (F),
8 the following:
9 ‘‘(G) 80 percent of so much of the sums
10 expended during such quarter as are attrib-
11 utable to the reporting of information regarding
12 the quality of home and community-based serv-
13 ices in accordance with sections
14 1139A(a)(4)(B)(ii) and 1139B(b)(3)(C); and’’.
15 (2) EXEMPTION FROM TERRITORIES’ PAYMENT
16 LIMITS.—Section 1108(g)(4) of the Social Security
17 Act is amended by adding at the end the following
18 new subparagraph:
19 ‘‘(C) ADDITIONAL EXEMPTION RELATING
20 TO HCBS QUALITY REPORTING.—Payments
21 under section 1903(a)(3)(G) shall not be taken
22 into account in applying payment limits under
23 subsections (f) and (g) of this subsection.’’.
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1 (b) HCBS QUALITY MEASURES FOR INCREASE.—
2 Title XI of the Social Security Act (42 U.S.C. 1301
3 through 1320e–3) is amended—
4 (1) in section 1139A—
5 (A) in subsection (a)(4)(B)—
6 (i) by striking ‘‘Beginning with the
7 annual State report on fiscal year 2024’’
8 and inserting the following:
9 ‘‘(i) IN GENERAL.—Subject to clause
10 (ii), beginning with the annual State report
11 on fiscal year 2024’’; and
12 (ii) by adding at the end the following
13 new clause:
14 ‘‘(ii) REPORTING HCBS QUALITY
15 MEASURES.—With respect to reporting on
16 information regarding the quality of home
17 and community-based services provided to
18 children under title XIX or title XXI, be-
19 ginning with the annual State report re-
20 quired under subsection (c)(1) for the first
21 fiscal year that begins on or after the date
22 that is 2 years after the date that the Sec-
23 retary publishes the home and community-
24 based services quality measures developed
25 under subsection (b)(5)(B) the Secretary
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1 shall require States to report such infor-
2 mation using the standardized format for
3 reporting information and procedures de-
4 veloped under subparagraph (A) and using
5 all such home and community-based qual-
6 ity measures developed under subsection
7 (b)(5) (including any updates or changes
8 to such measures).’’; and
9 (B) in subsection (b)(5)—
10 (i) by striking ‘‘Beginning no later
11 than January 1, 2013’’ and inserting the
12 following:
13 ‘‘(A) IN GENERAL.—Beginning no later
14 than January 1, 2013’’; and
15 (ii) by adding at the end the following
16 new subparagraph:
17 ‘‘(B) HCBS QUALITY MEASURES.—Begin-
18 ning with the first year that begins on the date
19 that is 2 years after the date of enactment of
20 this subparagraph (or, in the case of measures
21 that require development and testing prior to
22 availability, not later than 4 years after the
23 date of enactment of this subparagraph), the
24 requirements of subparagraph (A) shall apply,
25 and the core measures described in subsection
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1 (a) (and any updates or changes to such meas-
2 ures) shall include home and community-based
3 services quality measures developed by the Sec-
4 retary. The Secretary shall ensure that such
5 measures reflect the full array of home and
6 community-based services, and consult with
7 nongovernmental stakeholders with expertise in
8 home and community-based services (including
9 recipients and providers of such services).’’;
10 (C) in subsection (b)(6)—
11 (i) by inserting ‘‘or support services’’
12 before ‘‘that is capable of’’;
13 (ii) by striking ‘‘and ambulatory
14 health care settings’’ and inserting ‘‘, am-
15 bulatory health care, and home and com-
16 munity-based settings’’; and
17 (iii) by inserting ‘‘and home and com-
18 munity-based’’ before ‘‘care system’’; and
19 (D) in subsection (c)(1), in the matter pre-
20 ceding subparagraph (A), by inserting ‘‘, sub-
21 ject to subsection (a)(4)(B)(ii),’’ before ‘‘annu-
22 ally report’’; and
23 (2) in section 1139B—
24 (A) in subsection (b)—
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1 (i) in paragraph (3), by adding at the
2 end the following new subparagraph:
3 ‘‘(C) MANDATORY REPORTING WITH RE-
4 SPECT TO HCBS QUALITY MEASURES.—Begin-
5 ning with the State report required under sub-
6 section (d)(1) for the first year that begins on
7 or after the date that is 2 years after the date
8 that the Secretary publishes the home and com-
9 munity-based quality measures developed under
10 paragraph (5)(D), the Secretary shall require
11 States to report information, using the stand-
12 ardized format for reporting information and
13 procedures developed under subparagraph (A),
14 regarding the quality of home and community-
15 based services for Medicaid eligible adults using
16 all of the home and community-based services
17 quality measures included in the core set of
18 adult health quality measures under paragraph
19 (5)(D), and any updates or changes to such
20 measures.’’; and
21 (ii) in paragraph (5), by adding at the
22 end the following new subparagraph:
23 ‘‘(D) HCBS QUALITY MEASURES.—
24 ‘‘(i) FUNDING.—In addition to
25 amounts otherwise available, there is ap-
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1 propriated to the Secretary, for fiscal year
2 2022, to be available until expended, out of
3 any money in the Treasury not otherwise
4 appropriated, $22,000,000, for carrying
5 out this subparagraph.
6 ‘‘(ii) INCLUSION OF HCBS QUALITY
7 MEASURES.—Beginning with respect to
8 State reports required under subsection
9 (d)(1) for the first year that begins on or
10 after the date that is 2 years after the date
11 of enactment of this subparagraph (or, in
12 the case of measures that require develop-
13 ment and testing prior to availability, not
14 later than 4 years after the date of enact-
15 ment of this subparagraph) the core set of
16 adult health quality measures maintained
17 under this paragraph (and any updates or
18 changes to such measures) shall include
19 home and community-based services qual-
20 ity measures developed in accordance with
21 this subparagraph.
22 ‘‘(iii) REQUIREMENTS.—
23 ‘‘(I) IN GENERAL.—In devel-
24 oping, reviewing and updating the
25 home and community-based services
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1 quality measures included in the core
2 set of adult health quality measures
3 maintained under this paragraph, the
4 Secretary shall consult with non-
5 governmental stakeholders with exper-
6 tise in home and community-based
7 services (including recipients and pro-
8 viders of such services) and ensure
9 such measures reflect the full array of
10 home and community-based services
11 and recipients of such services.
12 ‘‘(II) DEFINITION.—For pur-
13 poses of this section and section
14 1139A, the term ‘home and commu-
15 nity-based services’ has the meaning
16 given such term in section 30711(e) of
17 the Act titled ‘An Act to provide for
18 reconciliation pursuant to title II of S.
19 Con. Res. 14’.’’; and
20 (B) in subsection (d)(1)(A), by striking ‘‘;
21 and’’ and inserting ‘‘and, beginning with the re-
22 port for the first year that begins after the date
23 that is 2 years after the Secretary publishes the
24 home and community-based quality measures
25 developed under subsection (b)(5)(D), all home
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1 and community-based services quality measures
2 included in the core set of adult health quality
3 measures maintained under subsection (b)(5)
4 and any updates or changes to such measures;
5 and’’.
6 SEC. 30715. PERMANENT EXTENSION OF MEDICAID PRO-
7 TECTIONS AGAINST SPOUSAL IMPOVERISH-
8 MENT FOR RECIPIENTS OF HOME AND COM-
9 MUNITY-BASED SERVICES.
10 (a) IN GENERAL.—Section 1924(h)(1)(A) of the So-
11 cial Security Act (42 U.S.C. 1396r–5(h)(1)(A)) is amend-
12 ed by striking ‘‘(at the option of the State) is described
13 in section 1902(a)(10)(A)(ii)(VI)’’ and inserting the fol-
14 lowing: ‘‘is eligible for medical assistance for home and
15 community-based services provided under subsection (c),
16 (d), or (i) of section 1915 or under a waiver approved
17 under section 1115, or who is eligible for such medical
18 assistance by reason of being determined eligible under
19 section 1902(a)(10)(C) or by reason of section 1902(f) or
20 otherwise on the basis of a reduction of income based on
21 costs incurred for medical or other remedial care, or who
22 is eligible for medical assistance for home and community-
23 based attendant services and supports under section
24 1915(k)’’.
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1 (b) CONFORMING AMENDMENT.—Section 2404 of the
2 Patient Protection and Affordable Care Act (42 U.S.C.
3 1396r–5 note) is amended by striking ‘‘September 30,
4 2023’’ and inserting ‘‘the date of the enactment of the
5 Act titled ‘An Act to provide for reconciliation pursuant
6 to title II of S. Con. Res. 14’ ’’.
7 SEC. 30716. PERMANENT EXTENSION OF MONEY FOLLOWS
8 THE PERSON REBALANCING DEMONSTRA-
9 TION.
10 (a) IN GENERAL.—Subsection (h) of section 6071 of
11 the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note)
12 is amended—
13 (1) in paragraph (1)—
14 (A) in subparagraph (I), by inserting
15 ‘‘and’’ after the semicolon;
16 (B) by amending subparagraph (J) to read
17 as follows:
18 ‘‘(J) $450,000,000 for each fiscal year
19 after fiscal year 2022.’’;
20 (C) by striking subparagraph (K);
21 (2) in paragraph (2), by striking ‘‘September
22 30, 2023’’ and inserting ‘‘September 30 of the sub-
23 sequent fiscal year’’; and
24 (3) by adding at the end the following new
25 paragraph:
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1 ‘‘(3) TECHNICAL ASSISTANCE.—In addition to
2 amounts otherwise available, there is appropriated to
3 the Secretary for fiscal year 2022 and for each sub-
4 sequent 3-year period, out of any money in the
5 Treasury not otherwise appropriated, $5,000,000, to
6 remain available until expended, for carrying out
7 subsections (f), (g), and (i).’’.
8 (b) REDISTRIBUTION OF UNEXPENDED GRANT
9 AWARDS.—Subsection (e)(2) of section 6071 of the Deficit
10 Reduction Act of 2005 (42 U.S.C. 1396a note) is amended
11 by adding at the end the following new sentence: ‘‘Any
12 portion of a State grant award for a fiscal year under this
13 section that is unexpended by the State at the end of the
14 fourth succeeding fiscal year shall be rescinded by the Sec-
15 retary and added to the appropriation for the fifth suc-
16 ceeding fiscal year.’’.
17 SEC. 30717. FUNDING TO IMPROVE THE ACCURACY AND RE-
18 LIABILITY OF CERTAIN SKILLED NURSING
19 FACILITY DATA.
20 Section 1888 of the Social Security Act (42 U.S.C.
21 1395yy) is amended—
22 (1) in subsection (h)(12)—
23 (A) in subparagraph (A), by striking ‘‘and
24 the data submitted under subsection (e)(6) a
25 process to validate such measures and data’’
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1 and inserting ‘‘, the data submitted under sub-
2 section (e)(6), and, during the period beginning
3 with fiscal year 2024 and ending with fiscal
4 year 2031, the resident assessment data de-
5 scribed in section 1819(b)(3) and the direct
6 care staffing information described in section
7 1128I(g) a process to validate such measures,
8 data, and information’’; and
9 (B) in subparagraph (B)—
10 (i) by striking ‘‘FUNDING.—For pur-
11 poses’’ and inserting ‘‘FUNDING.—
12 ‘‘(i) FISCAL YEARS 2023 THROUGH
13 2025.—For purposes’’; and
14 (ii) by adding at the end the following
15 new clause:
16 ‘‘(ii) ADDITIONAL FUNDING.—There
17 is appropriated to the Secretary, out of
18 any monies in the Treasury not otherwise
19 appropriated, $50,000,000 for fiscal year
20 2022, to remain available through fiscal
21 year 2031, for purposes of carrying out
22 this paragraph.’’; and
23 (2) in subsection (e)(6)(A)—
24 (A) in the header, by striking ‘‘FOR FAIL-
25 URE TO REPORT’’; and
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1 (B) in clause (i)—
2 (i) by striking ‘‘For fiscal years begin-
3 ning with fiscal year 2018, in the case of
4 a skilled nursing facility that does not sub-
5 mit’’ and inserting the following:
6 ‘‘(I) FAILURE TO REPORT.—For
7 fiscal years beginning with fiscal year
8 2018, in the case of a skilled nursing
9 facility that does not submit quality
10 measure data specified by the Sec-
11 retary and’’; and
12 (ii) by adding at the end the following
13 new subclause:
14 ‘‘(II) REPORTING OF INAC-
15 CURATE INFORMATION.—For fiscal
16 years during the period beginning
17 with fiscal year 2026 and ending with
18 fiscal year 2031, in the case of a
19 skilled nursing facility that submits
20 data under this paragraph, measures
21 under subsection (h), resident assess-
22 ment data described in section
23 1819(b)(3), or direct care staffing in-
24 formation described in section
25 1128I(g) with respect to such fiscal
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1 year that is inaccurate (as determined
2 by the Secretary through the valida-
3 tion process described in section
4 1888(h)(12) or otherwise), after de-
5 termining the percentage described in
6 paragraph (5)(B)(i), and after appli-
7 cation of clauses (ii) and (iii) of para-
8 graph (5)(B) and of subclause (I) of
9 this clause (if applicable), the Sec-
10 retary shall reduce such percentage
11 for payment rates during such fiscal
12 year by 2 percentage points.’’.
13 SEC. 30718. ENSURING ACCURATE INFORMATION ON COST
14 REPORTS.
15 Section 1888(f) of the Social Security Act (42 U.S.C.
16 1395yy(f)) is amended by adding at the end the following
17 new paragraph:
18 ‘‘(5) AUDIT OF COST REPORTS.—There is ap-
19 propriated to the Secretary, out of any monies in the
20 Treasury not otherwise appropriated, $250,000,000
21 for fiscal year 2022, to remain available through fis-
22 cal year 2031, for purposes of conducting an annual
23 audit (beginning with 2023 and ending with 2031)
24 of cost reports submitted under this title for a rep-
25 resentative sample of skilled nursing facilities.’’.
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1 SEC. 30719. SURVEY IMPROVEMENTS.
2 Section 1819 of the Social Security Act (42 U.S.C.
3 1395i–3) is amended by adding at the end the following
4 new subsection:
5 ‘‘(l) SURVEY IMPROVEMENTS.—
6 ‘‘(1) IN GENERAL.—There is appropriated to
7 the Secretary, out of any monies in the Treasury not
8 otherwise appropriated, $325,000,000 for fiscal year
9 2022, to remain available through fiscal year 2031,
10 for purposes of—
11 ‘‘(A) conducting reviews and identifying
12 plans under paragraph (2); and
13 ‘‘(B) providing training, tools, technical as-
14 sistance, and financial support in accordance
15 with paragraph (3).
16 ‘‘(2) REVIEW.—The Secretary shall conduct re-
17 views, during the period specified in paragraph (1),
18 of (and, as appropriate, identify plans to improve)
19 the following:
20 ‘‘(A) The extent to which surveys con-
21 ducted under subsection (g) and the enforce-
22 ment process under subsection (h) result in in-
23 creased compliance with requirements under
24 this section and subpart B of part 483 of title
25 42, Code of Federal Regulations, with respect
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1 to skilled nursing facilities (in this subsection
2 referred to as ‘facilities’).
3 ‘‘(B) The timeliness and thoroughness of
4 State agency verification of deficiency correc-
5 tions at facilities.
6 ‘‘(C) The accuracy of the identification and
7 appropriateness of the scope and severity of de-
8 ficiencies cited at facilities.
9 ‘‘(D) The accuracy of the identification
10 and appropriateness of the scoping and severity
11 of life safety, infection control, and emergency
12 preparedness deficiencies cited at facilities.
13 ‘‘(E) The timeliness of State agency inves-
14 tigations of—
15 ‘‘(i) complaints at facilities;
16 ‘‘(ii) facility-reported incidents at fa-
17 cilities; and
18 ‘‘(iii) reported allegations of abuse,
19 neglect, and exploitation at facilities.
20 ‘‘(F) The consistency of facility reporting
21 of substantiated complaints to law enforcement.
22 ‘‘(G) The ability of the State agency to
23 sufficiently hire, train, and retain individuals
24 who conduct surveys.
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1 ‘‘(H) Any other area related to surveys of
2 facilities, or the individuals conducting such
3 surveys, determined appropriate by the Sec-
4 retary.
5 ‘‘(3) SUPPORT.—Based on the review under
6 paragraph (2), the Secretary shall, during the period
7 specified in paragraph (1), provide training, tools,
8 technical assistance, and financial support to State
9 and Federal agencies that perform surveys of facili-
10 ties for the purpose of improving the surveys con-
11 ducted under subsection (g) and the enforcement
12 process under subsection (h) with respect to the
13 areas reviewed under paragraph (2).’’.
14 SEC. 30720. NURSE STAFFING REQUIREMENTS.
15 Section 1819(d) of the Social Security Act (42 U.S.C.
16 1395i–3(d)) is amended—
17 (1) in paragraph (4)(A), by inserting ‘‘and any
18 regulations promulgated under paragraph (5)(C)’’
19 after ‘‘section 1124’’; and
20 (2) by adding at the end the following new
21 paragraph:
22 ‘‘(5) NURSE STAFFING REQUIREMENTS.—
23 ‘‘(A) FUNDING.—There is appropriated to
24 the Secretary, out of any monies in the Treas-
25 ury not otherwise appropriated, $50,000,000
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1 for fiscal year 2022, to remain available
2 through fiscal year 2031, for purposes of car-
3 rying out this paragraph.
4 ‘‘(B) STUDY.—Not later than 3 years after
5 the date of the enactment of this paragraph,
6 and not less frequently than once every 5 years
7 thereafter, the Secretary shall, out of funds ap-
8 propriated under subparagraph (A), conduct a
9 study and submit to Congress a report on the
10 appropriateness of establishing minimum staff
11 to resident ratios for nursing staff for skilled
12 nursing facilities. Each such report shall in-
13 clude—
14 ‘‘(i) with respect to the first such re-
15 port, recommendations regarding appro-
16 priate minimum ratios of registered nurses
17 (and, if practicable, licensed practical
18 nurses (or licensed vocational nurses) and
19 certified nursing assistants) to residents at
20 such skilled nursing facilities; and
21 ‘‘(ii) with respect to each subsequent
22 such report, recommendations regarding
23 appropriate minimum ratios of registered
24 nurses, licensed practical nurses (or li-
25 censed vocational nurses), and certified
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1 nursing assistants to residents at such
2 skilled nursing facilities.
3 ‘‘(C) PROMULGATION OF REGULATIONS.—
4 ‘‘(i) IN GENERAL.—Not later than 1
5 year after the Secretary first submits a re-
6 port under subparagraph (B), the Sec-
7 retary shall, out of funds appropriated
8 under subparagraph (A)—
9 ‘‘(I) specify through regulations,
10 consistent with such report, appro-
11 priate minimum ratios (if any) of reg-
12 istered nurses (and, if practicable, li-
13 censed practical nurses (or licensed
14 vocational nurses) and certified nurs-
15 ing assistants) to residents at skilled
16 nursing facilities; and
17 ‘‘(II) except as provided in clause
18 (ii), require such skilled nursing facili-
19 ties to comply with such ratios.
20 ‘‘(ii) EXCEPTION.—
21 ‘‘(I) IN GENERAL.—In addition
22 to the authority to waive the applica-
23 tion of clause (i)(II) under section
24 1135, the Secretary may waive the
25 application of such clause with respect
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1 to a skilled nursing facility if the Sec-
2 retary finds that—
3 ‘‘(aa) the facility is located
4 in a rural area and the supply of
5 skilled nursing facility services in
6 such area is not sufficient to
7 meet the needs of individuals re-
8 siding therein;
9 ‘‘(bb) the Secretary provides
10 notice of the waiver to the State
11 long-term care ombudsman (es-
12 tablished under section
13 307(a)(12) of the Older Ameri-
14 cans Act of 1965) and the pro-
15 tection and advocacy system in
16 the State for the mentally ill; and
17 ‘‘(cc) the facility that is
18 granted such a waiver notifies
19 residents of the facility (or,
20 where appropriate, the guardians
21 or legal representatives of such
22 residents) and members of their
23 immediate families of the waiver.
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1 ‘‘(II) RENEWAL.—Any waiver in
2 effect under this clause shall be sub-
3 ject to annual renewal.
4 ‘‘(iii) UPDATE.—Not later than 1 year
5 after the submission of each subsequent re-
6 port under subparagraph (B), the Sec-
7 retary shall, out of funds appropriated
8 under subparagraph (A) and consistent
9 with such report, update the regulations
10 described in clause (i)(I) to reflect appro-
11 priate minimum ratios (if any) of reg-
12 istered nurses, licensed practical nurses (or
13 licensed vocational nurses), and certified
14 nursing assistants to residents at skilled
15 nursing facilities.’’.
16 PART 2—EXPANDING ACCESS TO MATERNAL
17 HEALTH
18 SEC. 30721. EXTENDING CONTINUOUS COVERAGE FOR
19 PREGNANT AND POSTPARTUM INDIVIDUALS.
20 (a) MEDICAID.—
21 (1) REQUIRING FULL BENEFITS FOR PREGNANT
22 AND POSTPARTUM INDIVIDUALS FOR 12-MONTH PE-
23 RIOD POST PREGNANCY.—
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1 (A) IN GENERAL.—Paragraph (5) of sec-
2 tion 1902(e) of the Social Security Act (42
3 U.S.C. 1396a(e)) is amended—
4 (i) by striking ‘‘(5) A woman who’’
5 and inserting ‘‘(5)(A) For any fiscal year
6 quarter (beginning with the first fiscal
7 year quarter beginning one year after the
8 date of the enactment of the Act titled ‘An
9 Act to provide for reconciliation pursuant
10 to title II of S. Con. Res. 14’) with respect
11 to which subparagraph (B) does not apply,
12 an individual who’’; and
13 (ii) by adding at the end the following
14 new subparagraph:
15 ‘‘(B) For any fiscal year quarter (beginning
16 with the first fiscal year quarter beginning one year
17 after the date of the enactment of the Act titled ‘An
18 Act to provide for reconciliation pursuant to title II
19 of S. Con. Res. 14’), any individual who, while preg-
20 nant, is eligible for and received medical assistance
21 under the State plan or a waiver of such plan (re-
22 gardless of the basis for the individual’s eligibility
23 for medical assistance and including during a period
24 of retroactive eligibility under subsection (a)(34)),
25 shall remain eligible, notwithstanding section
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1 1916(c)(3) or any other limitation under this title,
2 for medical assistance through the end of the month
3 in which the 12-month period (beginning on the last
4 day of pregnancy of the individual) ends, and such
5 medical assistance shall be in accordance with
6 clauses (i) and (ii) of paragraph (16)(B).’’.
7 (B) CONFORMING AMENDMENTS.—Title
8 XIX of the Social Security Act (42 U.S.C. 1396
9 through 1396w-6) is amended—
10 (i) in section 1902(a)(10), in the mat-
11 ter following subparagraph (G), by striking
12 ‘‘(VII) the medical assistance’’ and all that
13 follows through ‘‘, (VIII)’’ and inserting
14 ‘‘(VIII)’’;
15 (ii) in section 1902(e)(6), by striking
16 ‘‘In the case of’’ and inserting ‘‘For any
17 fiscal year quarter with respect to which
18 paragraph (5)(B) does not apply, in the
19 case of’’;
20 (iii) in section 1902(l)(1)(A), by strik-
21 ing ‘‘60-day period’’ and inserting ‘‘12-
22 month period (or, for any fiscal year quar-
23 ter with respect to which subsection
24 (e)(5)(B) does not apply and for which the
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1 State has not adopted the option under
2 section 1902(e)(16)(A), 60-day period)’’;
3 (iv) in section 1903(v)(4)—
4 (I) in subparagraph (A)(i), by
5 striking ‘‘the 60-day period’’ and in-
6 serting ‘‘the applicable period (as de-
7 scribed in subparagraph (D))’’;
8 (II) in subparagraph (A)(ii), by
9 striking the period and inserting ‘‘,
10 and, in the case of such an individual
11 who is or becomes pregnant, such in-
12 dividual (regardless of age) during
13 pregnancy and during the applicable
14 period (as described in subparagraph
15 (D)).’’;
16 (III) by adding at the end the
17 following new subparagraph:
18 ‘‘(D) For purposes of subparagraph (A),
19 the applicable period described in this subpara-
20 graph is—
21 ‘‘(i) beginning with the first fiscal
22 year quarter that begins one year after the
23 date of the enactment of the American
24 Rescue Plan Act of 2021, for a State that
25 has adopted the option under section
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1 1902(e)(16)(A), the 12-month period;’’;
2 and
3 (IV) in the subparagraph (D)
4 added by subclause (III), by adding at
5 the end the following new clauses:
6 ‘‘(ii) beginning with the first fiscal
7 year quarter beginning one year after the
8 date of the enactment of the Act titled ‘An
9 Act to provide for reconciliation pursuant
10 to title II of S. Con. Res. 14’, the 12-
11 month period; and
12 ‘‘(iii) for any fiscal year quarter (be-
13 ginning with such first fiscal year quarter)
14 with respect to which section
15 1902(e)(5)(B) does not apply and for
16 which the State has not adopted the option
17 under section 1902(e)(16)(A), the 60-day
18 period.’’;
19 (v) in section 1905(a), in the 4th sen-
20 tence in the matter following paragraph
21 (31), by striking ‘‘60-day period’’ and in-
22 serting ‘‘12-month period (or, for any fis-
23 cal year quarter with respect to which sec-
24 tion 1902(e)(5)(B) does not apply and for
25 which the State has not adopted the option
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1 under section 1902(e)(16)(A), 60-day pe-
2 riod)’’; and
3 (vi) in section 1905(y), by adding at
4 the end the following new paragraph:
5 ‘‘(3) TREATMENT FOR CERTAIN INDVIDUALS.—
6 Notwithstanding paragraphs (1) and (2), section
7 1902(a)(10)(A)(i)(III), and section
8 1902(a)(10)(A)(i)(IV), the term ‘newly eligible’ in
9 paragraph (2)(A) and the phrase ‘newly eligible indi-
10 viduals described in subclause (VIII) of section
11 1902(a)(10)(A)(i)’ in paragraph (1) shall apply to
12 individuals who but for the amendments made by
13 section 30721(a) of the Act titled ‘An Act to provide
14 for reconciliation pursuant to title II of S. Con. Res.
15 14’ would be eligible under the State plan (or waiv-
16 er) for medical assistance under section
17 1902(a)(10)(A)(i)(VIII) for the period beginning on
18 the first day occurring after the end of such 60-day
19 period and ending on the last day of the month in
20 which the 12-month period (beginning on the last
21 day of the pregnancy) ends.’’.
22 (2) TRANSITION FROM STATE OPTION.—
23 (A) IN GENERAL.—Section 1902(e)(16)(A)
24 of the Social Security Act (42 U.S.C.
25 1396a(e)(16)(A)) is amended by striking ‘‘At
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1 the option of the State’’ and inserting ‘‘For any
2 fiscal year quarter with respect to which para-
3 graph (5)(B) does not apply, at the option of
4 the State’’.
5 (B) CONFORMING AMENDMENT.—Section
6 9812(b) of the American Rescue Plan Act of
7 2021 (Public Law 117–2) is amended by strik-
8 ing ‘‘during the 5-year period’’.
9 (3) EFFECTIVE DATE.—
10 (A) IN GENERAL.—Subject to subpara-
11 graphs (B) and (C), the amendments made by
12 this paragraph shall take effect on the 1st day
13 of the 1st fiscal year quarter that begins one
14 year after the date of the enactment of this Act
15 and shall apply with respect to medical assist-
16 ance provided on or after such date.
17 (B) EXCEPTION FOR CERTAIN AMERICAN
18 RESCUE PLAN ACT OF 2021 CONFORMING
19 AMENDMENTS.—The amendments made by sub-
20 clauses (I), (II), and (III) of paragraph
21 (1)(B)(iv) shall take effect on the first day of
22 the first fiscal year quarter that begins one year
23 after the date of the enactment of the American
24 Rescue Plan Act of 2021 and shall apply with
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1 respect to medical assistance provided on or
2 after such date.
3 (C) EXCEPTION FOR STATE LEGISLA-
4 TION.—In the case of a State plan under title
5 XIX of the Social Security Act (42 U.S.C. 1396
6 through 1396w-6) that the Secretary of Health
7 and Human Services determines requires State
8 legislation in order for the plan to meet any re-
9 quirement imposed by amendments made by
10 this subsection, the plan shall not be regarded
11 as failing to comply with the requirements of
12 such title solely on the basis of its failure to
13 meet such a requirement before the first day of
14 the first calendar quarter beginning after the
15 close of the first regular session of the State
16 legislature that begins after the date of the en-
17 actment of this Act. For purposes of the pre-
18 vious sentence, in the case of a State that has
19 a 2-year legislative session, each year of the ses-
20 sion shall be considered to be a separate regular
21 session of the State legislature.
22 (b) CHIP.—
23 (1) REQUIRING FULL BENEFITS FOR PREGNANT
24 AND POSTPARTUM WOMEN FOR 12-MONTH PERIOD
25 POST PREGNANCY.—
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1 (A) IN GENERAL.—Section 2107(e)(1)(J)
2 of the Social Security Act (42 U.S.C.
3 1397gg(e)(1)(J)) is amended—
4 (i) by striking ‘‘Paragraphs (5) and
5 (16)’’ and inserting ‘‘(i) For any fiscal
6 year quarter with respect to which para-
7 graph (5)(B) of section 1902(e) does not
8 apply, paragraphs (5)(A) and (16) of such
9 section’’; and
10 (ii) by adding at the end the following
11 new clause:
12 ‘‘(ii) For any fiscal year quarter (beginning
13 with the first fiscal year quarter beginning one
14 year after the date of the enactment of the Act
15 titled ‘An Act to provide for reconciliation pur-
16 suant to title II of S. Con. Res. 14’), section
17 1902(e)(5)(B) (requiring, notwithstanding sec-
18 tion 2103(e)(3)(C)(ii)(I) or any other limitation
19 under this title, continuous coverage for preg-
20 nant and postpartum individuals, including 12
21 months postpartum, of medical assistance) if
22 the State provides child health assistance to
23 targeted low-income children or pregnancy-re-
24 lated assistance to targeted low-income preg-
25 nant women, under the State child health plan
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1 or waiver, including coverage of all items or
2 services provided to a targeted low-income child
3 or targeted low-income pregnant woman (as ap-
4 plicable) under the State child health plan or
5 waiver).’’.
6 (B) CONFORMING AMENDMENTS.—Section
7 2112 of the Social Security Act (42 U.S.C.
8 1397ll) is amended—
9 (i) in subsection (d)—
10 (I) in paragraph (1), by inserting
11 ‘‘and includes, through application of
12 section 1902(e)(5)(B) pursuant to
13 section 2107(e)(1)(J)(ii), continuous
14 coverage for pregnant and postpartum
15 individuals, including 12 months
16 postpartum’’ before the period at the
17 end; and
18 (II) in paragraph (2)(A), by
19 striking ‘‘60-day period’’ and all that
20 follows through ‘‘ends’’ and inserting
21 ‘‘12-month period (or, for any fiscal
22 year quarter with respect to which
23 section 2107(e)(1)(J)(ii) does not
24 apply and for which the State has not
25 adopted the option under section
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1 1902(e)(16)(A), 60-day period) ends’’;
2 and
3 (ii) in subsection (f)(2), by striking
4 ‘‘60-day period’’ and inserting ‘‘12-month
5 period (or, for any fiscal year quarter (be-
6 ginning with the first fiscal year quarter
7 beginning one year after the date of the
8 enactment of the Act titled ‘An Act to pro-
9 vide for reconciliation pursuant to title II
10 of S. Con. Res. 14’) with respect to which
11 section 2107(e)(1)(J)(ii) does not apply
12 and for which the State has not adopted
13 the option under section 1902(e)(16)(A),
14 60-day period)’’.
15 (2) TRANSITION FROM STATE PLAN OPTION.—
16 Section 9822(b) of the American Rescue Plan Act of
17 2021 (Public Law 117–2) is amended by striking ‘‘,
18 during the 5-year period’’.
19 (3) EFFECTIVE DATE.—
20 (A) IN GENERAL.—Subject to subpara-
21 graph (B), the amendments made by this sub-
22 section shall take effect on the 1st day of the
23 1st fiscal year quarter that begins one year
24 after the date of the enactment of this Act and
25 shall apply with respect to child health assist-
•HR 5376 EH
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1 ance and pregnancy-related assistance, as appli-
2 cable, provided on or after such date.
3 (B) EXCEPTION FOR STATE LEGISLA-
4 TION.—In the case of a State child health plan
5 under title XXI of the Social Security Act (42
6 U.S.C. 1397aa through 1397mm) that the Sec-
7 retary of Health and Human Services deter-
8 mines requires State legislation in order for the
9 plan to meet any requirement imposed by
10 amendments made under this subsection, the
11 plan shall not be regarded as failing to comply
12 with the requirements of such title solely on the
13 basis of its failure to meet such a requirement
14 before the first day of the first calendar quarter
15 beginning after the close of the first regular
16 session of the State legislature that begins after
17 the date of the enactment of this Act. For pur-
18 poses of the previous sentence, in the case of a
19 State that has a 2-year legislative session, each
20 year of the session shall be considered to be a
21 separate regular session of the State legislature.
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1 SEC. 30722. STATE OPTION TO PROVIDE COORDINATED
2 CARE THROUGH A MATERNAL HEALTH HOME
3 FOR PREGNANT AND POSTPARTUM INDIVID-
4 UALS.
5 Title XIX of the Social Security Act (42 U.S.C.
6 1396a) is amended by inserting after section 1945A the
7 following new section:
8 ‘‘SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED
9 CARE THROUGH A MATERNAL HEALTH HOME
10 FOR PREGNANT AND POSTPARTUM INDIVID-
11 UALS.
12 ‘‘(a) IN GENERAL.—Notwithstanding section
13 1902(a)(1) (relating to statewideness) and section
14 1902(a)(10)(B) (relating to comparability), beginning 24
15 months after the date of enactment of this section, a
16 State, at its option as a State plan amendment, may pro-
17 vide for medical assistance under this title to eligible indi-
18 viduals who choose to enroll in a maternal health home
19 under this section and receive maternal health home serv-
20 ices from a designated provider, a team of health profes-
21 sionals operating with such a provider, or a health team.
22 ‘‘(b) MATERNAL HEALTH HOME QUALIFICATION
23 STANDARDS.—A maternal health home under this section
24 shall demonstrate to the State the ability to do the fol-
25 lowing:
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1 ‘‘(1) Develop an individualized comprehensive
2 care plan for each eligible individual, working in a
3 culturally and linguistically appropriate manner with
4 such individual to develop and incorporate such care
5 plan in a manner consistent with such individual’s
6 needs and choices, including—
7 ‘‘(A) primary care;
8 ‘‘(B) inpatient care;
9 ‘‘(C) social support services;
10 ‘‘(D) local hospital emergency care;
11 ‘‘(E) care management and planning re-
12 lated to a change in an eligible individual’s eli-
13 gibility for medical assistance or a change in
14 health insurance coverage as needed; and
15 ‘‘(F) behavioral health services.
16 ‘‘(2) Coordinate all necessary services to sup-
17 port prenatal, labor and delivery, and postpartum
18 care for eligible individuals.
19 ‘‘(3) Coordinate access to specialists, behavioral
20 health providers, early intervention services, and pe-
21 diatricians.
22 ‘‘(4) Collect and report information under sub-
23 section (d).
24 ‘‘(c) PAYMENTS.—
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1 ‘‘(1) IN GENERAL.—A State shall provide a des-
2 ignated provider, a team of health professionals op-
3 erating with such a provider, or a health team with
4 payments for the provision of maternal health home
5 services to each eligible individual enrolled in a ma-
6 ternal health home. Payments for maternal health
7 home services made to a designated provider, a team
8 of health professionals operating with such a pro-
9 vider, or a health team shall be treated as payments
10 for medical assistance for purposes of section
11 1903(a), except that, during the first 8 fiscal quar-
12 ters that the State plan amendment is in effect, the
13 Federal medical assistance percentage otherwise ap-
14 plicable to such payments shall be increased by 15
15 percentage points, not to exceed 90 percent.
16 ‘‘(2) METHODOLOGY.—
17 ‘‘(A) IN GENERAL.—The State shall speci-
18 fy in the State plan amendment the method-
19 ology the State will use for determining pay-
20 ment for the provision of maternal health home
21 services. Such methodology for determining
22 payment—
23 ‘‘(i) may be tiered or adjusted to re-
24 flect, with respect to each individual pro-
25 vided such services by a designated pro-
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1 vider, a team of health care professionals
2 operating with such a provider, or a health
3 team, the acuity of each individual receiv-
4 ing care, or the specific capabilities of the
5 provider, team of health care providers, or
6 health team; and
7 ‘‘(ii) shall be established consistent
8 with section 1902(a)(30)(A).
9 ‘‘(B) ALTERNATE MODEL OF PAYMENT.—
10 The methodology for determining payment for
11 provision of maternal health home services
12 under this section shall not be limited to a fee-
13 for-service or per-member per-month payment
14 model, and may provide for alternate models of
15 payment that reflect the needs of a State, sub-
16 ject to the approval of the Secretary.
17 ‘‘(3) PLANNING GRANTS.—
18 ‘‘(A) IN GENERAL.—Beginning 12 months
19 after the date of enactment of this section, the
20 Secretary may award planning grants to States
21 for purposes of developing a State plan amend-
22 ment under this section. A planning grant
23 awarded to a State under this paragraph shall
24 remain available until expended.
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1 ‘‘(B) STATE CONTRIBUTION.—A State
2 awarded a planning grant shall contribute an
3 amount equal to the State percentage deter-
4 mined under section 1905(b) for each fiscal
5 year for which the grant is awarded.
6 ‘‘(C) APPROPRIATIONS.—In addition to
7 amounts otherwise available, there is appro-
8 priated for fiscal year 2022, out of any money
9 in the Treasury not otherwise appropriated, to
10 remain available until expended, to carry out
11 this paragraph, $5,000,000 for awarding grants
12 under this section.
13 ‘‘(d) DATA COLLECTION AND REPORTING.—
14 ‘‘(1) PROVIDER REPORTING REQUIREMENTS.—
15 ‘‘(A) IN GENERAL.—In order to receive
16 payments from a State under subsection (c), a
17 designated provider, a team of health profes-
18 sionals operating with such a provider, or a
19 health team shall report to the State, in accord-
20 ance with such requirements as the Secretary
21 shall specify, the following:
22 ‘‘(i) With respect to each such des-
23 ignated provider, team of health profes-
24 sionals, or health team, the name, national
25 provider identification number, address,
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1 and specific maternal health home services
2 offered to be provided to eligible individ-
3 uals who have selected such designated
4 provider, team of health professionals, or
5 health team as the maternal health home
6 of such eligible individuals.
7 ‘‘(ii) Information on all applicable
8 measures for determining the quality of
9 maternal health home services provided by
10 such designated provider, team of health
11 professionals, or health team, including, to
12 the extent applicable, the core set of child
13 health quality measures published under
14 section 1139A, the core set of adult health
15 quality measures for Medicaid eligible
16 adults published under section 1139B, and
17 maternal health quality measures.
18 ‘‘(B) USE OF HEALTH INFORMATION
19 TECHNOLOGY.—A designated provider, a team
20 of health professionals operating with such a
21 provider, or a health team shall use, to the ex-
22 tent practicable, health information technology
23 to provide a State with the information required
24 under subparagraph (A) and to improve care
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1 coordination for eligible individuals, such as
2 by—
3 ‘‘(i) facilitating the review of person-
4 centered care plans;
5 ‘‘(ii) monitoring service delivery and
6 identifying gaps in treatment; and
7 ‘‘(iii) communicating with eligible in-
8 dividuals and with primary, behavioral
9 health and specialty care providers.
10 ‘‘(2) STATE REPORTING REQUIREMENTS.—A
11 State with a State plan amendment approved under
12 this section shall collect and report to the Secretary,
13 at such time and in such form and manner as re-
14 quired by the Secretary, the following information:
15 ‘‘(A) The number of maternal health
16 homes in a State in which individuals are en-
17 rolled pursuant to a State plan amendment
18 under this section.
19 ‘‘(B) The number of individuals served
20 who selected a maternal health home,
21 disaggregated by race and ethnicity, pursuant
22 to a State plan amendment under this section.
23 ‘‘(C) Information on the quality measures
24 applicable for maternal health home services,
25 including, to the extent applicable, the core set
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1 of child health quality measures published
2 under section 1139A, and the core set of adult
3 health quality measures for Medicaid eligible
4 adults published under section 1139B, and ma-
5 ternal health quality measures.
6 ‘‘(D) The type of delivery systems and pay-
7 ment models used to provide health home serv-
8 ices to eligible individuals enrolled in a mater-
9 nal health home under a State plan amendment
10 under this section.
11 ‘‘(E) The number and characteristics of
12 designated providers, teams of health profes-
13 sionals, and health teams selected as maternal
14 health homes pursuant to a State plan amend-
15 ment under this section.
16 ‘‘(F) Information on hospitalizations, mor-
17 bidity, and mortality of eligible individuals and
18 their infants enrolled in a maternal health home
19 in such State alongside comparable data from a
20 State’s maternal mortality review committee.
21 ‘‘(G) A report on best practices for effec-
22 tive strategies in coordinating care to support
23 access to comprehensive maternal health serv-
24 ices.
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1 ‘‘(H) Information reported to the State
2 under paragraph (1).
3 ‘‘(e) STATE PLAN AMENDMENT.—
4 ‘‘(1) IN GENERAL.—A State plan amendment
5 submitted pursuant to this section shall include—
6 ‘‘(A) eligibility criteria for maternal health
7 homes;
8 ‘‘(B) services available to eligible individ-
9 uals through the maternal health home;
10 ‘‘(C) a description of providers that may
11 provide care through a maternal health home,
12 and that include how such State will ensure any
13 provider arrangement offered includes a person-
14 centered planning approach to determining nec-
15 essary services and supports and providing the
16 appropriate care coordination to meet clinical
17 and non-clinical needs of eligible individuals;
18 and
19 ‘‘(D) reimbursement methodologies (as de-
20 scribed in subsection (c)(2)).
21 ‘‘(2) HOSPITAL NOTIFICATION.—A State with a
22 State plan amendment approved under this section
23 shall require each hospital that is a participating
24 provider under the State plan (or a waiver of such
25 plan) to establish procedures for, in the case of an
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1 individual who is enrolled in a maternal health home
2 pursuant to this section and seeks treatment in the
3 emergency department of such hospital, notifying
4 the health home of such individual of such treat-
5 ment.
6 ‘‘(3) EDUCATION WITH RESPECT TO AVAIL-
7 ABILITY OF MATERNAL HEALTH HOME SERVICES.—
8 In order for a State plan amendment to be approved
9 under this section, a State shall include in the State
10 plan amendment—
11 ‘‘(A) a description of the State’s process
12 for educating providers participating in the
13 State plan (or a waiver of such plan) on the
14 availability of maternal health home services,
15 including the process by which such providers
16 can refer individuals to a designated provider,
17 team of health care professionals operating such
18 a provider, or health team for the purpose of
19 establishing a maternal health home through
20 which such individuals may receive such serv-
21 ices; and
22 ‘‘(B) a description of the State’s process
23 for educating individuals on the availability of
24 such services.
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1 ‘‘(4) CONFIDENTIALITY.—A State with a State
2 plan amendment approved under this section shall
3 establish confidentiality protections to ensure, at a
4 minimum, that the State does not disclose any iden-
5 tifying information with respect to any specific mor-
6 tality case (including pursuant to the reporting of
7 information required under subsection (d)(2)(F)).
8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
9 tion shall be construed—
10 ‘‘(1) to require an eligible individual to enroll
11 in, or prohibit an eligible individual from disenrolling
12 at any time from, a maternal health home under this
13 section; or
14 ‘‘(2) to require a designated provider, team of
15 health professionals, or health team to act as a ma-
16 ternal health home and provide services in accord-
17 ance with this section if the designated provider,
18 team of health professionals, or health team does not
19 voluntarily agree to act as a maternal health home.
20 ‘‘(g) DEFINITIONS.—In this section:
21 ‘‘(1) DESIGNATED PROVIDER.—The term ‘des-
22 ignated provider’ means a physician, clinical practice
23 or clinical group practice, rural health clinic, free-
24 standing birth center, community health center, ob-
25 stetrician gynecologist, midwife who meets at a min-
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1 imum the international definition of the midwife and
2 global standards for midwifery education as estab-
3 lished by the International Confederation of Mid-
4 wives, or any other health care entity or provider de-
5 termined by the State and approved by the Sec-
6 retary to be qualified to act as a maternal health
7 home.
8 ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible
9 individual’ means an individual eligible for medical
10 assistance under the State plan or under a waiver of
11 such plan who—
12 ‘‘(A) is pregnant or in the postpartum pe-
13 riod that begins on the last day of the preg-
14 nancy and ends on the last day of the month
15 in which the 12-month period (beginning on the
16 last day of the pregnancy of the individual)
17 ends (or, if the State provides for a longer pe-
18 riod of postpartum coverage period under such
19 plan or waiver, on the last day of such longer
20 period); and
21 ‘‘(B) is not enrolled in a health home
22 under section 1945 or 1945A.
23 ‘‘(3) HEALTH TEAM.—The term ‘health team’
24 has the meaning given such term for purposes of
25 section 3502 of Public Law 111–148.
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1 ‘‘(4) MATERNAL HEALTH HOME.—The term
2 ‘maternal health home’ means a designated provider
3 (including a provider that operates in coordination
4 with a team of health care professionals), or a health
5 team selected by a State to provide maternal health
6 home services to pregnant and postpartum individ-
7 uals.
8 ‘‘(5) MATERNAL HEALTH HOME SERVICES.—
9 ‘‘(A) IN GENERAL.—The term ‘maternal
10 health home services’ means comprehensive and
11 timely high-quality services described in sub-
12 paragraph (B) that are provided by a des-
13 ignated provider, a team of health professionals
14 operating with such a provider, or a health
15 team.
16 ‘‘(B) SERVICES DESCRIBED.—The services
17 described in this subparagraph shall include—
18 ‘‘(i) a standardized risk assessment
19 for all participants to determine needs;
20 ‘‘(ii) comprehensive care management;
21 ‘‘(iii) care coordination and health
22 promotion;
23 ‘‘(iv) comprehensive transitional care,
24 including arranging appropriate follow-up,
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1 for individuals transitioning from inpatient
2 care to other settings;
3 ‘‘(v) individual and family support (in-
4 cluding authorized representatives);
5 ‘‘(vi) making referrals to other med-
6 ical, community, and social support serv-
7 ices, if relevant; and
8 ‘‘(vii) the use of health information
9 technology to link services and coordinate
10 care, to the extent practicable.
11 ‘‘(6) STANDARDIZED RISK ASSESSMENT.—The
12 term ‘standardized risk assessment’ means an as-
13 sessment to determine the needs of an eligible indi-
14 vidual, and shall include an assessment of medical,
15 obstetric, behavioral health, and social needs per-
16 formed at the initial prenatal or postpartum visit.
17 ‘‘(7) TEAM OF HEALTH PROFESSIONALS.—The
18 term ‘team of health professionals’ means a team of
19 health professionals (as described in the State plan
20 amendment under this section) that may—
21 ‘‘(A) include physicians, midwives who
22 meet at a minimum the international definition
23 of the midwife and global standards for mid-
24 wifery education as established by the Inter-
25 national Confederation of Midwives, nurses,
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1 nurse care coordinators, nutritionists, social
2 workers, doulas, behavioral health professionals,
3 community health workers, translators and in-
4 terpreters, and other professionals determined
5 to be appropriate by the State;
6 ‘‘(B) a health care entity or individual who
7 is designated to coordinate such a team; and
8 ‘‘(C) provide care at a facility that is free-
9 standing, virtual, or based at a hospital, free-
10 standing birth center, community health center,
11 community mental health center, rural clinic,
12 clinical practice or clinical group practice, aca-
13 demic health center, children’s hospital, or any
14 health care entity determined to be appropriate
15 by the State and approved by the Secretary.’’.
16 PART 3—TERRITORIES
17 SEC. 30731. INCREASING MEDICAID CAP AMOUNTS AND
18 THE FEDERAL MEDICAL ASSISTANCE PER-
19 CENTAGE FOR THE TERRITORIES.
20 (a) CAP AMOUNT ADJUSTMENTS.—Section
21 1108(g)(2) of the Social Security Act (42 U.S.C.
22 1308(g)(2)) is amended—
23 (1) in subparagraph (A)—
24 (A) in clause (i)—
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1 (i) by striking ‘‘except as provided in
2 clause (ii)’’ and inserting ‘‘for each of fis-
3 cal years 1999 through 2019’’; and
4 (ii) by striking ‘‘and’’ at the end; and
5 (B) by adding at the end the following new
6 clauses:
7 ‘‘(iii) for fiscal year 2022,
8 $3,600,000,000; and
9 ‘‘(iv) for fiscal year 2023 and each
10 subsequent year, the sum of the amount
11 provided in this subsection for the pre-
12 ceding fiscal year, increased by the per-
13 centage increase, if any, in Medicaid
14 spending under title XIX during the pre-
15 ceding year (as determined based on the
16 most recent National Health Expenditure
17 data with respect to such year), rounded to
18 the nearest $100,000;’’;
19 (2) in subparagraph (B)—
20 (A) in clause (i), by striking ‘‘except as
21 provided in clause (ii),’’ and inserting ‘‘for each
22 of fiscal years 1999 through 2019,’’;
23 (B) in clause (ii), by striking ‘‘and’’ at the
24 end;
25 (C) by adding at the end the following:
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1 ‘‘(iv) for fiscal year 2022,
2 $135,000,000; and
3 ‘‘(v) for fiscal year 2023 and each
4 subsequent year, the sum of the amount
5 provided in this subsection for the pre-
6 ceding fiscal year, increased by the per-
7 centage increase described in subparagraph
8 (A)(iv) for the preceding year, rounded to
9 the nearest $10,000;’’;
10 (3) in subparagraph (C)—
11 (A) in clause (i), by striking ‘‘except as
12 provided in clause (ii),’’ and inserting ‘‘for each
13 of fiscal years 1999 through 2019,’’;
14 (B) in clause (ii), by striking ‘‘and’’ at the
15 end;
16 (C) by adding at the end the following:
17 ‘‘(iv) for fiscal year 2022,
18 $140,000,000; and
19 ‘‘(v) for fiscal year 2023 and each
20 subsequent year, the sum of the amount
21 provided in this subsection for the pre-
22 ceding fiscal year, increased by the per-
23 centage increase described in subparagraph
24 (A)(iv) for the preceding year, rounded to
25 the nearest $10,000;’’;
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1 (4) in subparagraph (D)—
2 (A) in clause (i), by striking ‘‘except as
3 provided in clause (ii),’’ and inserting ‘‘for each
4 of fiscal years 1999 through 2019,’’;
5 (B) in clause (ii), by striking ‘‘and’’ at the
6 end;
7 (C) in clause (iii), by striking ‘‘and’’ at the
8 end; and
9 (D) by adding at the end the following new
10 clauses:
11 ‘‘(iv) for fiscal year 2022,
12 $70,000,000; and
13 ‘‘(v) for fiscal year 2023 and each
14 subsequent year, the sum of the amount
15 provided in this subsection for the pre-
16 ceding fiscal year, increased by the per-
17 centage increase described in subparagraph
18 (A)(iv) for the preceding year, rounded to
19 the nearest $10,000; and’’;
20 (5) in subparagraph (E)—
21 (A) in clause (i), by striking ‘‘except as
22 provided in clause (ii),’’ and inserting ‘‘for each
23 of fiscal years 1999 through 2019,’’;
24 (B) in clause (ii), by striking ‘‘and’’ at the
25 end;
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1 (C) in clause (iii), by striking the period
2 and inserting a semicolon; and
3 (D) by adding at the end the following:
4 ‘‘(iv) for fiscal year 2022,
5 $90,000,000; and
6 ‘‘(v) for fiscal year 2023 and each
7 subsequent year, the sum of the amount
8 provided in this subsection for the pre-
9 ceding fiscal year, increased by the per-
10 centage increase described in subparagraph
11 (A)(iv) for the preceding year, rounded to
12 the nearest $10,000.’’; and
13 (6) by striking the flush matter following sub-
14 paragraph (E).
15 (b) FMAP ADJUSTMENTS.—Section 1905(ff) of the
16 Social Security Act (42 U.S.C. 1396d(ff)) is amended—
17 (1) by redesignating paragraphs (1) through
18 (3) as subparagraphs (A) through (C), respectively,
19 and adjusting the margins accordingly;
20 (2) by striking ‘‘Notwithstanding’’ and insert-
21 ing the following:
22 ‘‘(1) IN GENERAL.—Notwithstanding’’;
23 (3) in paragraph (1), as so inserted—
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1 (A) in the matter preceding subparagraph
2 (A), as so redesignated, by inserting ‘‘para-
3 graph (2) and’’ after ‘‘subject to’’;
4 (B) in subparagraph (B), as so redesig-
5 nated—
6 (i) by striking ‘‘December 3, 2021,’’
7 and inserting ‘‘September 30, 2021’’; and
8 (ii) by striking ‘‘and’’ at the end;
9 (C) in subparagraph (C), as so redesig-
10 nated, by striking ‘‘December 3, 2021,’’ and in-
11 serting ‘‘September 30, 2021’’;
12 (D) by adding at the end the following:
13 ‘‘(D) for fiscal year 2022 and each subse-
14 quent fiscal year, the Federal medical assist-
15 ance percentage for the Virgin Islands, Guam,
16 the Northern Mariana Islands, and American
17 Samoa shall be equal to 83 percent;
18 ‘‘(E) for fiscal year 2022, the Federal
19 medical assistance percentage for Puerto Rico
20 shall be equal to 76 percent; and
21 ‘‘(F) for fiscal year 2023 and each subse-
22 quent fiscal year, the Federal medical assist-
23 ance percentage for Puerto Rico shall be equal
24 to 83 percent.’’; and
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1 (4) by adding at the end the following new
2 paragraph:
3 ‘‘(2) SPECIAL RULE FOR PUERTO RICO RELAT-
4 ING TO ESTABLISHING A PAYMENT FLOOR.—
5 ‘‘(A) IN GENERAL.—For each fiscal quar-
6 ter (beginning with the first fiscal quarter be-
7 ginning on or after the date of the enactment
8 of this paragraph), Puerto Rico’s State plan (or
9 waiver of such plan) shall establish a reimburse-
10 ment floor, implemented through a directed
11 payment arrangement plan, for physician serv-
12 ices that are covered under the Medicare part
13 B fee schedule in the Puerto Rico locality estab-
14 lished under section 1848(b) that is not less
15 than 70 percent of the payment that would
16 apply to such services if they were furnished
17 under part B of title XVIII during such fiscal
18 quarter.
19 ‘‘(B) APPLICATION TO MANAGED CARE.—
20 In determining whether Puerto Rico has estab-
21 lished a reimbursement floor under a directed
22 payment arrangement plan that satisfies the re-
23 quirements of subparagraph (A) for a fiscal
24 quarter occurring during fiscal year 2022 or a
25 subsequent fiscal year—
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1 ‘‘(i) the Secretary shall disregard pay-
2 ments made under sub-capitated arrange-
3 ments for services such as primary care
4 case management; and
5 ‘‘(ii) if the reimbursement floor for
6 physician services applicable under a man-
7 aged care contract satisfies the require-
8 ments of subparagraph (A) for a fiscal
9 quarter occurring during a year in which
10 the contract is entered into or renewed,
11 such reimbursement floor shall be deemed
12 to satisfy such requirements for each sub-
13 sequent fiscal quarter occurring during
14 such year and for each fiscal quarter oc-
15 curring during the subsequent fiscal year.
16 ‘‘(C) FMAP REDUCTION FOR FAILURE TO
17 ESTABLISH PAYMENT FLOOR.—
18 ‘‘(i) IN GENERAL.—In the case that
19 the Secretary determines that Puerto Rico
20 has failed to meet the requirement of sub-
21 paragraph (A) with respect to a fiscal
22 quarter, the Federal medical assistance
23 percentage otherwise determined under
24 this subsection for Puerto Rico shall be re-
25 duced for such quarter by the applicable
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1 number of percentage points described in
2 clause (ii).
3 ‘‘(ii) APPLICABLE NUMBER OF PER-
4 CENTAGE POINTS.—For purposes of clause
5 (i), the applicable number of percentage
6 points described in this clause is, with re-
7 spect to a fiscal quarter, the following:
8 ‘‘(I) In the case no reduction was
9 made under this subparagraph for the
10 preceding fiscal quarter, 0.5 percent-
11 age points.
12 ‘‘(II) In the case a reduction was
13 made under this subparagraph for the
14 preceding fiscal quarter, the number
15 of percentage points of such reduction
16 for such preceding fiscal quarter, plus
17 0.25 percentage points, except that in
18 no case may the application of this
19 subclause result in a reduction of
20 more than 5 percentage points.’’.
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1 PART 4—OTHER MEDICAID
2 SEC. 30741. INVESTMENTS TO ENSURE CONTINUED ACCESS
3 TO HEALTH CARE FOR CHILDREN AND
4 OTHER INDIVIDUALS.
5 (a) PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGI-
6 BILITY FOR CHILDREN.—
7 (1) UNDER THE MEDICAID PROGRAM.—
8 (A) IN GENERAL.—Section 1902(e) of the
9 Social Security Act (42 U.S.C. 1396a(e)) is
10 amended—
11 (i) in paragraph (12), by inserting
12 ‘‘before the date that is one year after the
13 date of the enactment of paragraph (17)’’
14 after ‘‘subsection (a)(10)(A)’’; and
15 (ii) by adding at the end following
16 new paragraph:
17 ‘‘(17) 1 YEAR OF CONTINUOUS ELIGIBILITY FOR
18 CHILDREN.—The State plan (or waiver of such
19 State plan) shall provide that an individual who is
20 under the age of 19 and who is determined to be eli-
21 gible for benefits under a State plan (or waiver of
22 such plan) approved under subsection (a)(10)(A)
23 shall remain eligible for such benefits until the ear-
24 lier of—
25 ‘‘(A) the end of the 12-month period begin-
26 ning on the date of such determination;
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1 ‘‘(B) the time that such individual attains
2 the age of 19; or
3 ‘‘(C) the date that such individual ceases
4 to be a resident of such State.’’.
5 (B) EFFECTIVE DATE.—
6 (i) IN GENERAL.—Subject to clause
7 (ii), the amendments made by subpara-
8 graph (A)(ii) shall take effect one year
9 after the date of enactment of this Act.
10 (ii) EXCEPTION FOR STATE LEGISLA-
11 TION.—In the case of a State plan under
12 title XIX of the Social Security Act (42
13 U.S.C. 1396 through 1396w-6) that the
14 Secretary of Health and Human Services
15 determines requires State legislation in
16 order for the plan to meet any requirement
17 imposed by amendments made under sub-
18 paragraph (A)(ii), the plan shall not be re-
19 garded as failing to comply with the re-
20 quirements of such title solely on the basis
21 of its failure to meet such a requirement
22 before the first day of the first calendar
23 quarter beginning after the close of the
24 first regular session of the State legislature
25 that begins after the date of the enactment
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1 of this Act. For purposes of the previous
2 sentence, in the case of a State that has a
3 2-year legislative session, each year of the
4 session shall be considered to be a separate
5 regular session of the State legislature.
6 (2) UNDER THE CHILDREN’S HEALTH INSUR-
7 ANCE PROGRAM.—Section 2107(e)(1) of the Social
8 Security Act (42 U.S.C. 1397gg(e)(1)) is amended—
9 (A) by redesignating subparagraphs (K)
10 through (T) as subparagraphs (L) through (U),
11 respectively; and
12 (B) by inserting after subparagraph (J)
13 the following new subparagraph:
14 ‘‘(K) Section 1902(e)(17) (relating to 1
15 year of continuous eligibility for children).’’.
16 (b) REVISIONS TO TEMPORARY INCREASE OF MED-
17 ICAID FMAP UNDER THE FAMILIES FIRST CORONAVIRUS
18 RESPONSE ACT.—Section 6008 of the Families First
19 Coronavirus Response Act (42 U.S.C. 1396d note) is
20 amended—
21 (1) in subsection (a)—
22 (A) by striking ‘‘IN GENERAL.—Subject
23 to’’ and inserting ‘‘TEMPORARY INCREASE.—
24 ‘‘(1) IN GENERAL.—Subject to’’;
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1 (B) in the paragraph (1) inserted by sub-
2 paragraph (A)—
3 (i) by striking ‘‘the last day of the cal-
4 endar quarter in which the last day of such
5 emergency period occurs’’ and inserting
6 ‘‘September 30, 2022’’; and
7 (ii) by striking ‘‘6.2 percentage
8 points’’ and inserting ‘‘the number of per-
9 centage points specified in paragraph (2)
10 with respect to such calendar quarter’’;
11 and
12 (C) by adding at the end the following new
13 paragraph:
14 ‘‘(2) PERCENTAGE POINTS SPECIFIED.—For
15 purposes of paragraph (1), the number of percent-
16 age points specified in this paragraph is—
17 ‘‘(A) 6.2 percentage points with respect to
18 each calendar quarter occurring during the pe-
19 riod beginning on the first day of the emer-
20 gency period defined in paragraph (1)(B) of
21 section 1135(g) of the Social Security Act (42
22 U.S.C. 1320b-5(g)) and ending March 31,
23 2022;
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1 ‘‘(B) 3.0 percentage points with respect to
2 the calendar quarter beginning on April 1,
3 2022, and ending on June 30, 2022; and
4 ‘‘(C) 1.5 percentage points with respect to
5 the calendar quarter beginning on July 1, 2022,
6 and ending on September 30, 2022.’’;
7 (2) in subsection (b)(3)—
8 (A) by striking ‘‘the State fails’’ and in-
9 serting ‘‘subject to subsection (f), the State
10 fails’’;
11 (B) by striking ‘‘and ending the last day of
12 the month in which the emergency period de-
13 scribed in subsection (a) ends’’ and inserting
14 ‘‘and ending on March 31, 2022,’’; and
15 (C) by striking ‘‘through the end of the
16 month in which such emergency period ends’’
17 and inserting ‘‘through September 30, 2022,’’;
18 and
19 (3) by adding at the end the following new sub-
20 section:
21 ‘‘(f) SPECIAL RULE FOR ENROLLMENTS AS OF APRIL
22 1, 2022.—For calendar quarters during the period de-
23 scribed in subsection (a) that begin on or after April 1,
24 2022, a State described in such subsection may, in accord-
25 ance with paragraph (3), terminate coverage for an indi-
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1 vidual who is determined to be no longer eligible for med-
2 ical assistance and who has been enrolled for at least 12
3 consecutive months under the State plan of such State
4 under title XIX of the Social Security Act (42 U.S.C.
5 1396) (or waiver of such plan), and such State shall not
6 be ineligible for the increase to the Federal medical assist-
7 ance percentage of the State described in such subsection
8 on the basis that the State is in violation of the require-
9 ment of subsection (b)(3), if the State, with respect to
10 such terminations of coverage conducted through Sep-
11 tember 30, 2022, for such individuals, is in compliance
12 with each of the following:
13 ‘‘(1) The State shall conduct such eligibility re-
14 determinations, with respect to such an individual,
15 in accordance with the provisions of section 435.916
16 of title 42 of the Code of Federal Regulations (or
17 any successor regulation) and the provisions of sec-
18 tion 1943 of the Social Security Act, as applicable.
19 ‘‘(2) Prior to terminating coverage for an indi-
20 vidual, the State shall undertake a good faith effort
21 to ensure that the State has contact information (in-
22 cluding an up-to-date mailing address, phone num-
23 ber, or email address) for such individuals by coordi-
24 nating with Medicaid managed care organizations
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1 (where applicable), and other applicable State health
2 and human services agencies.
3 ‘‘(3) The State may not disenroll from the
4 State plan (or waiver) such an individual determined
5 ineligible pursuant to such a redetermination for
6 medical assistance under the State plan (or waiver)
7 on the basis of returned mail unless—
8 ‘‘(A) there have been at least two failed at-
9 tempts to contact such individual through at
10 least 2 modalities; and
11 ‘‘(B) after the second attempt, the indi-
12 vidual had 30 days notice, through at least 2
13 modalities, before such disenrollment takes ef-
14 fect.
15 ‘‘(4) The State may not initiate eligibility rede-
16 terminations for more than 1/12 of individuals en-
17 rolled in the State plan (or waiver) with respect to
18 any month during the period beginning on April 1,
19 2022, and ending on September 30, 2022.
20 ‘‘(5) The State shall submit to the Secretary
21 monthly reports during the period described in sub-
22 section (a) that begin on or after April 1, 2022
23 which the State receives an increase pursuant to
24 such subsection period on the activities of the State,
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1 including, with respect to the period for which the
2 report is submitted—
3 ‘‘(A) the number of eligibility renewals ini-
4 tiated, beneficiaries renewed, and individuals
5 whose eligibility was terminated;
6 ‘‘(B) the number of such cases in which
7 eligibility for medical assistance under the State
8 plan (or waiver) were so terminated due to the
9 individual’s failure to return a renewal form or
10 other information needed by the state to make
11 an eligibility determination;
12 ‘‘(C) the number of such cases in which
13 eligibility for medical assistance under the State
14 plan (or waiver) were so terminated pursuant to
15 such a redetermination due to a known change
16 in circumstance;
17 ‘‘(D) the number of individuals whose cov-
18 erage was terminated pursuant to such a rede-
19 termination whose accounts were, during such
20 period, transitioned to the Exchange, CHIP, or
21 basic health program; and
22 ‘‘(E) with respect to eligibility redeter-
23 minations, the daily average volume, wait times,
24 and abandonment rate (as determined by the
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1 Secretary) for each call center during such
2 month.’’.
3 (c) MEDICAL ASSISTANCE UNDER MEDICAID FOR IN-
4 MATES DURING 30-DAY PERIOD PRECEDING RELEASE.—
5 (1) IN GENERAL.—The subdivision (A) fol-
6 lowing paragraph (31) of section 1905(a) of the So-
7 cial Security Act (42 U.S.C. 1396d(a)) is amended
8 by inserting ‘‘and, beginning on the first day of the
9 first fiscal year quarter that begins two years after
10 the date of the enactment of the Act titled ‘An Act
11 to provide for reconciliation pursuant to title II of
12 S. Con. Res. 14’, except during the 30-day period
13 preceding the date of release of an inmate of a pub-
14 lic institution’’ after ‘‘medical institution’’.
15 (2) CONFORMING AMENDMENTS IN TITLE
16 XIX.—Section 1902(a) of the Social Security Act (42
17 U.S.C. 1396a(a)) is amended—
18 (A) in paragraph (74), by striking at the
19 end ‘‘and’’; and
20 (B) in paragraph (84)—
21 (i) in subparagraph (A), by inserting
22 ‘‘, except, beginning on the first day of the
23 first fiscal year quarter that begins two
24 years after the date of the enactment of
25 the Act titled ‘An Act to provide for rec-
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1 onciliation pursuant to title II of S. Con.
2 Res. 14’, the State may not suspend cov-
3 erage during the 30-day period preceding
4 the date of release of the juvenile’’ after
5 ‘‘during the period the juvenile is such an
6 inmate’’; and
7 (ii) in subparagraph (C), by striking
8 ‘‘upon release’’ and inserting ‘‘30 days
9 prior to release’’.
10 (3) CONFORMING AMENDMENT IN TITLE XXI.—
11 Section 2110(b)(2) of the Social Security Act (42
12 U.S.C. 1397jj(b)(2))—
13 (A) in subparagraph (A), by striking at the
14 end ‘‘or’’;
15 (B) in subparagraph (B), by striking the
16 period at the end and inserting ‘‘; or’’; and
17 (C) by adding at the end the following new
18 subparagraph:
19 ‘‘(C) except, beginning on the first day of
20 the first fiscal year quarter that begins two
21 years after the date of the enactment of the Act
22 titled ‘An Act to provide for reconciliation pur-
23 suant to title II of S. Con. Res. 14,’ except dur-
24 ing the 30-day period preceding the date of re-
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1 lease of such child from such public institu-
2 tion.’’.
3 (d) EXTENSION OF CERTAIN PROVISIONS.—
4 (1) EXPRESS LANE ELIGIBILITY OPTION.—Sec-
5 tion 1902(e)(13) of the Social Security Act (42
6 U.S.C. 1396a(e)(13)) is amended by striking sub-
7 paragraph (I).
8 (2) CONFORMING AMENDMENTS FOR ASSUR-
9 ANCE OF AFFORDABILITY STANDARD FOR CHILDREN
10 AND FAMILIES.—Section 1902(gg)(2) of the Social
11 Security Act (42 U.S.C. 1396a(gg)(2)) is amend-
12 ed—
13 (A) in the paragraph heading, by striking
14 ‘‘THROUGH SEPTEMBER 30, 2027’’; and
15 (B) by striking ‘‘through September 30’’
16 and all that follows through ‘‘ends on Sep-
17 tember 30, 2027’’ and inserting ‘‘(but begin-
18 ning on October 1, 2019,’’.
19 (e) EXPANSION OF COMMUNITY MENTAL HEALTH
20 SERVICES DEMONSTRATION PROGRAM.—
21 (1) IN GENERAL.—Section 223 of the Pro-
22 tecting Access to Medicare Act of 2014 (42 U.S.C.
23 1396a note) is amended—
24 (A) in subsection (c), by adding at the end
25 the following new paragraph:
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1 ‘‘(3) ADDITIONAL PLANNING GRANTS.—In addi-
2 tion to the planning grants awarded under para-
3 graph (1), the Secretary shall award planning grants
4 to States (other than States selected to conduct
5 demonstration programs under paragraph (1) or (8)
6 of subsection (d)) for the purpose of developing pro-
7 posals to participate in time-limited demonstration
8 programs described in subsection (d).’’;
9 (B) in subsection (d)—
10 (i) in paragraph (3), by striking
11 ‘‘Subject to paragraph (8)’’ and inserting
12 ‘‘Subject to paragraphs (8) and (9)’’;
13 (ii) in paragraph (5)(C)(iii)(II), by in-
14 serting ‘‘or paragraph (9)’’ after ‘‘para-
15 graph (8)’’;
16 (iii) in paragraph (7)—
17 (I) in subparagraph (A), by in-
18 serting ‘‘through the year in which
19 the last demonstration under this sec-
20 tion ends’’ after ‘‘annually there-
21 after’’; and
22 (II) in subparagraph (B)—
23 (aa) by striking ‘‘December
24 31, 2021’’ and inserting ‘‘March
25 31, 2026’’;
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1 (bb) by striking ‘‘rec-
2 ommendations concerning’’ and
3 all that follows through the pe-
4 riod and inserting ‘‘recommenda-
5 tions concerning whether and
6 how the demonstration programs
7 under this section should be
8 modified.’’; and
9 (cc) by adding at the end
10 the following new sentence:
11 ‘‘Such recommendations shall be
12 based on data collected from
13 States selected to conduct dem-
14 onstration programs under para-
15 graph (1) and, to the extent
16 available, data collected from
17 States selected to conduct dem-
18 onstration programs under para-
19 graphs (8) and (9).’’; and
20 (iv) by adding at the end the following
21 new paragraph:
22 ‘‘(9) FURTHER ADDITIONAL PROGRAMS.—
23 ‘‘(A) IN GENERAL.—In addition to the
24 States selected under paragraphs (1) and (8)
25 and without regard to paragraph (4), the Sec-
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1 retary shall select any State that meets the re-
2 quirements described in subparagraph (B) to
3 conduct a demonstration program that meets
4 the requirements of this subsection for 2 years.
5 ‘‘(B) REQUIREMENTS.—The requirements
6 described in this subparagraph with respect to
7 a State are that the State—
8 ‘‘(i) was awarded a planning grant
9 under paragraph (1) or (3) of subsection
10 (c); and
11 ‘‘(ii) submits an application (in addi-
12 tion to any application that the State may
13 have previously submitted under this sec-
14 tion) that meets the requirements of para-
15 graph (2)(B).
16 ‘‘(C) REQUIREMENTS FOR SELECTED
17 STATES.—The requirements applicable to
18 States selected under paragraph (8) pursuant
19 to subparagraph (C) of such paragraph shall
20 apply in the same manner to States selected
21 under this paragraph.’’;
22 (C) in subsection (e), by amending para-
23 graph (4) to read as follows:
24 ‘‘(4) STATE.—The term State means each of
25 the 50 States, the District of Columbia, Puerto Rico,
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1 the Virgin Islands, Guam, the Northern Mariana Is-
2 lands, and American Samoa.’’; and
3 (D) in subsection (f)(1)—
4 (i) in subparagraph (A), by striking ‘‘;
5 and’’ and inserting a semicolon;
6 (ii) in subparagraph (B), by striking
7 the period and inserting ‘‘, and
8 $40,000,000 for fiscal year 2022; and’’;
9 and
10 (iii) by adding at the end the fol-
11 lowing new subparagraph:
12 ‘‘(C) for purposes of updating the criteria
13 under subsection (a) as needed for certified
14 community behavioral health clinics and car-
15 rying out subsections (c)(3), (d)(7), and (d)(9)
16 (including the provision of technical assistance
17 to States applying for planning grants under
18 subsection (c)(3) and conducting demonstration
19 projects under this section), $5,000,000 for fis-
20 cal year 2022.’’.
21 (2) EXCLUSION OF AMOUNTS ATTRIBUTABLE
22 TO INCREASED FMAP FROM TERRITORIAL CAPS.—
23 Section 1108 of the Social Security Act (42 U.S.C.
24 1308) is amended—
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1 (A) in subsection (f), in the matter pre-
2 ceding paragraph (1), by striking ‘‘subsections
3 (g) and (h)’’ and inserting ‘‘subsections (g),
4 (h), and (i)’’; and
5 (B) by adding at the end the following:
6 ‘‘(i) EXCLUSION FROM CAPS OF AMOUNTS ATTRIB-
7 UTABLE TO ENHANCED FMAP FOR COMMUNITY MENTAL
8 HEALTH SERVICES.—Any additional amount paid to
9 Puerto Rico, the Virgin Islands, Guam, the Northern Mar-
10 iana Islands, and American Samoa for expenditures for
11 medical assistance that is attributable to an enhanced
12 Federal medical assistance percentage applicable to such
13 expenditures under section 223(d)(5) of the Protecting
14 Access to Medicare Act of 2014 shall not be taken into
15 account for purposes of applying payment limits under
16 subsections (f) and (g).’’.
17 (f) MAKING PERMANENT A STATE OPTION TO PRO-
18 VIDE QUALIFYING COMMUNITY-BASED MOBILE CRISIS
19 INTERVENTION SERVICES.—Section 1947 of the Social
20 Security Act (42 U.S.C. 1396w–6) is amended—
21 (1) in subsection (a), by striking ‘‘during the 5-
22 year period’’;
23 (2) in subsection (c), by striking ‘‘occurring
24 during the period described in subsection (a) that a
25 State’’ and inserting ‘‘in which a State provides
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1 medical assistance for qualifying community-based
2 mobile crisis intervention services under this section
3 and’’; and
4 (3) in subsection (d)(2)—
5 (A) in subparagraph (A), by striking ‘‘for
6 the fiscal year preceding the first fiscal quarter
7 occurring during the period described in sub-
8 section (a)’’ and inserting ‘‘for the fiscal year
9 preceding the first fiscal quarter in which the
10 State provides medical assistance for qualifying
11 community-based mobile crisis intervention
12 services under this section’’; and
13 (B) in subparagraph (B), by striking ‘‘oc-
14 curring during the period described in sub-
15 section (a)’’ and inserting ‘‘occurring during a
16 fiscal quarter’’.
17 (g) EXTENSION OF 100 PERCENT FEDERAL MED-
18 ICAL ASSISTANCE PERCENTAGE FOR URBAN INDIAN
19 HEALTH ORGANIZATIONS AND NATIVE HAWAIIAN
20 HEALTH CARE SYSTEMS.—The third sentence of section
21 1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
22 is amended—
23 (1) by striking ‘‘for the 8 fiscal year quarters
24 beginning with the first fiscal year quarter beginning
25 after the date of the enactment of the American
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1 Rescue Plan Act of 2021’’ and inserting ‘‘for the pe-
2 riod of the 16 fiscal year quarters that begins on
3 April 1, 2021’’; and
4 (2) by striking ‘‘such 8 fiscal year quarters’’
5 and inserting ‘‘such period of 16 fiscal year quar-
6 ters’’.
7 (h) ENSURING ACCURATE PAYMENTS TO PHAR-
8 MACIES UNDER MEDICAID.—
9 (1) IN GENERAL.—Section 1927(f) of the Social
10 Security Act (42 U.S.C. 1396r–8(f)) is amended—
11 (A) by striking ‘‘and’’ after the semicolon
12 at the end of paragraph (1)(A)(i) and all that
13 precedes it through ‘‘(1)’’ and inserting the fol-
14 lowing:
15 ‘‘(1) DETERMINING PHARMACY ACTUAL ACQUI-
16 SITION COSTS.—The Secretary shall conduct a sur-
17 vey of retail community pharmacy drug prices in the
18 50 States and the District of Columbia, to determine
19 the national average drug acquisition cost, as fol-
20 lows:
21 ‘‘(A) USE OF VENDOR.—The Secretary
22 may contract services for—
23 ‘‘(i) with respect to retail community
24 pharmacies, the determination of retail
25 survey prices of the national average drug
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1 acquisition cost for covered outpatient
2 drugs based on a monthly survey of such
3 pharmacies, net of all discounts and re-
4 bates (to the extent any information with
5 respect to such discounts and rebates is
6 available), the average reimbursement re-
7 ceived for such drugs by such pharmacies
8 from all sources of payment and, to the ex-
9 tent available, the usual and customary
10 charges to consumers for such drugs;
11 and’’;
12 (B) by adding at the end of paragraph (1)
13 the following:
14 ‘‘(F) SURVEY REPORTING.—A State shall
15 require that any retail community pharmacy in
16 the State that receives any payment, reimburse-
17 ment, administrative fee, discount, or rebate re-
18 lated to the dispensing of covered outpatient
19 drugs to individuals receiving benefits under
20 this title or title XXI, regardless of whether
21 such payment, fee, discount, or rebate is re-
22 ceived from the State or a managed care entity
23 directly or from a pharmacy benefit manager or
24 another entity that has a contract with the
25 State or a managed care entity or other speci-
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1 fied entity (as such terms are defined in section
2 1903(m)(9)(D)), shall respond to surveys of re-
3 tail prices conducted under this subsection with
4 the specific information requested by the ven-
5 dor.
6 ‘‘(G) SURVEY INFORMATION.—Information
7 on retail community actual acquisition prices
8 obtained under this paragraph shall be made
9 publicly available and shall include at least the
10 following:
11 ‘‘(i) The monthly response rate of the
12 survey, including a list of pharmacies not
13 in compliance with subparagraph (F) and
14 the identification numbers for such phar-
15 macies.
16 ‘‘(ii) The sampling frame and number
17 of pharmacies sampled monthly.
18 ‘‘(iii) Characteristics of reporting
19 pharmacies, including type (such as inde-
20 pendent or chain), geographic or regional
21 location, and dispensing volume.
22 ‘‘(iv) Reporting of a separate national
23 average drug acquisition cost for each drug
24 for independent retail pharmacies and
25 chain pharmacies.
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1 ‘‘(v) Information on price concessions
2 including on and off invoice discounts, re-
3 bates, and other price concessions.
4 ‘‘(vi) Information on average profes-
5 sional dispensing fees paid.
6 ‘‘(H) PENALTIES.—
7 ‘‘(i) FAILURE TO PROVIDE TIMELY IN-
8 FORMATION.—A retail community phar-
9 macy that knowingly fails to respond to a
10 survey conducted under this subsection on
11 a timely basis may be subject to a civil
12 monetary penalty in an amount not to ex-
13 ceed $10,000 for each day in which such
14 information has not been provided. A retail
15 community pharmacy shall not be subject
16 to such penalty if the pharmacy makes a
17 good faith effort to provide the information
18 requested by the survey on a timely basis.
19 ‘‘(ii) FALSE INFORMATION.—A retail
20 community pharmacy that knowingly pro-
21 vides false information in response to a
22 survey conducted under this subsection
23 may be subject to a civil money penalty in
24 an amount not to exceed $100,000 for
25 each item of false information.’’; and
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1 (C) in paragraph (4), by inserting ‘‘, and
2 $7,000,000 for fiscal year 2023 and each fiscal
3 year thereafter,’’ after ‘‘2010’’.
4 (2) CONDITION FOR FEDERAL FINANCIAL PAR-
5 TICIPATION.—Section 1903(i)(10) of the Social Se-
6 curity Act (42 U.S.C. 1396b(i)(10)) is amended—
7 (A) in subparagraph (D), by striking
8 ‘‘and’’ after the semicolon;
9 (B) in subparagraph (E), by striking ‘‘or’’
10 after the semicolon and inserting ‘‘and’’; and
11 (C) by inserting after subparagraph (E),
12 the following new subparagraph:
13 ‘‘(F) with respect to any amount expended for
14 reimbursement to a retail community pharmacy
15 under this title unless the State requires the retail
16 community pharmacy to respond to surveys of retail
17 prices conducted under section 1927(f) in accord-
18 ance with paragraph (1)(F) of such section; or’’.
19 (3) EFFECTIVE DATE.—The amendments made
20 by this section take effect on the 1st day of the 1st
21 quarter that begins on or after the date that is 18
22 months after the date of enactment of this Act.
23 (i) FUNDING FOR IMPLEMENTATION AND ADMINIS-
24 TRATION.—In addition to amounts otherwise available,
25 there is appropriated to the Secretary, for fiscal year
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1 2022, to be available until expended, out of any money
2 in the Treasury not otherwise appropriated, $20,000,000,
3 to provide technical assistance and guidance and cover ad-
4 ministrative costs associated with implementing the
5 amendments made by this part and part 2.
6 PART 5—MAINTENANCE OF EFFORT
7 SEC. 30751. ENCOURAGING CONTINUED ACCESS AFTER THE
8 END OF THE PUBLIC HEALTH EMERGENCY.
9 Section 6008 of the Families First Coronavirus Re-
10 sponse Act (42 U.S.C. 1396d note), as amended by section
11 30741(b), is further amended—
12 (1) by redesignating the second subsection (d)
13 added by section 11 of division X of Public Law
14 116–260 as subsection (e); and
15 (2) by adding at the end the following new sub-
16 section:
17 ‘‘(g) ENCOURAGING CONTINUED ACCESS AFTER THE
18 END OF THE PUBLIC HEALTH EMERGENCY.—
19 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
20 if, between October 1, 2022 and December 31,
21 2025, a State puts into effect for any calendar quar-
22 ter occurring during such period eligibility stand-
23 ards, methodologies, or procedures for individuals
24 (except individuals described in subparagraph (D) of
25 section 1902(e)(14)) who are applying for or receiv-
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1 ing medical assistance under the State plan of such
2 State under title XIX of the Social Security Act (42
3 U.S.C. 1396 through 1396w-6) (including any waiv-
4 er under such title or section 1115 of such Act (42
5 U.S.C. 1315)) that are more restrictive than the eli-
6 gibility standards, methodologies, or procedures, re-
7 spectively, under the State plan (or waiver of such
8 plan) that are in effect on October 1, 2021, the Fed-
9 eral medical assistance percentage otherwise deter-
10 mined under section 1905(b) of the Social Security
11 Act (42 U.S.C. 1396d(b)) for that State shall be re-
12 duced by 3.1 percentage points for such calendar
13 quarter.
14 ‘‘(2) NONAPPLICATION.—During the period de-
15 scribed in paragraph (1), at the option of the State,
16 the condition under such paragraph may not apply
17 to the State with respect to nonpregnant, non-
18 disabled adults who are eligible for medical assist-
19 ance under the State plan (or waiver such plan)
20 whose income exceeds 133 percent of the poverty
21 line (as defined in section 2110(c)(5)) applicable to
22 a family of the size involved if, on or after December
23 31, 2022, the State had certified or certifies to the
24 Secretary that, with respect to the State fiscal year
25 during which the certification is made, the State has
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1 a budget deficit, or with respect to the succeeding
2 State fiscal year, the State is projected to have a
3 budget deficit. Upon submission of such a certifi-
4 cation to the Secretary, the condition under para-
5 graph (1) shall not apply to the State with respect
6 to any remaining portion of the period described in
7 the preceding sentence.’’.
8 Subtitle G—Children’s Health
9 Insurance Program
10 SEC. 30801. INVESTMENTS TO STRENGTHEN CHIP.
11 (a) PERMANENT EXTENSION OF CHILDREN’S
12 HEALTH INSURANCE PROGRAM.—
13 (1) IN GENERAL.—Section 2104(a)(28) of the
14 Social Security Act (42 U.S.C. 1397dd(a)(28)) is
15 amended to read as follows:
16 ‘‘(28) for fiscal year 2027 and each subsequent
17 year, such sums as are necessary to fund allotments
18 to States under subsection (m).’’.
19 (2) ALLOTMENTS.—
20 (A) IN GENERAL.—Section 2104(m) of the
21 Social Security Act (42 U.S.C. 1397dd(m)) is
22 amended—
23 (i) in paragraph (2)(B)(i), by striking
24 ‘‘, 2023, and 2027’’ and inserting ‘‘and
25 2023’’;
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1 (ii) in paragraph (5)—
2 (I) by striking ‘‘(10), or (11)’’
3 and inserting ‘‘or (10)’’;
4 (II) by striking ‘‘for a fiscal
5 year’’ and inserting ‘‘for a fiscal year
6 before 2027’’; and
7 (III) by striking ‘‘2023, or 2027’’
8 and inserting ‘‘or 2023’’;
9 (iii) in paragraph (7)—
10 (I) in subparagraph (A), by strik-
11 ing ‘‘and ending with fiscal year
12 2027,’’; and
13 (II) in the flush left matter at
14 the end, by striking ‘‘or fiscal year
15 2026’’ and inserting ‘‘fiscal year
16 2026, or a subsequent even-numbered
17 fiscal year’’;
18 (iv) in paragraph (9)—
19 (I) by striking ‘‘(10), or (11)’’
20 and inserting ‘‘or (10)’’; and
21 (II) by striking ‘‘2023, or 2027,’’
22 and inserting ‘‘or 2023’’; and
23 (v) by striking paragraph (11).
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1 (B) CONFORMING AMENDMENT.—Section
2 50101(b)(2) of the Bipartisan Budget Act of
3 2018 (Public Law 115–123) is repealed.
4 (b) OTHER RELATED CHIP POLICIES.—
5 (1) PEDIATRIC QUALITY MEASURES PRO-
6 GRAM.—Section 1139A(i)(1) of the Social Security
7 Act (42 U.S.C. 1320b–9a(i)(1)) is amended—
8 (A) in subparagraph (C), by striking at the
9 end ‘‘and’’;
10 (B) in subparagraph (D), by striking the
11 period at the end and inserting a semicolon;
12 and
13 (C) by adding at the end the following new
14 subparagraphs:
15 ‘‘(E) for fiscal year 2028, $15,000,000 for
16 the purpose of carrying out this section (other
17 than subsections (e), (f), and (g)); and
18 ‘‘(F) for each subsequent fiscal year, the
19 amount appropriated under this paragraph for
20 the previous fiscal year, increased by the per-
21 centage increase in the consumer price index for
22 all urban consumers (all items; United States
23 city average, as published by the Bureau of
24 Labor Statistics) rounded to the nearest
25 $100,000 over such previous fiscal year, for the
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1 purpose of carrying out this section (other than
2 subsections (e), (f), and (g)).’’.
3 (2) ASSURANCE OF ELIGIBILITY STANDARDS
4 FOR CHILDREN.—Section 2105(d)(3) of the Social
5 Security Act (42 U.S.C. 1397ee(d)(3)) is amended—
6 (A) in the paragraph heading, by striking
7 ‘‘THROUGH SEPTEMBER 30, 2027’’; and
8 (B) in subparagraph (A)—
9 (i) in the matter preceding clause
10 (i)—
11 (I) by striking ‘‘During the pe-
12 riod that begins on the date of enact-
13 ment of the Patient Protection and
14 Affordable Care Act and ends on Sep-
15 tember 30, 2027’’ and inserting ‘‘Be-
16 ginning on the date of the enactment
17 of the Patient Protection and Afford-
18 able Care Act’’;
19 (II) by striking ‘‘During the pe-
20 riod that begins on October 1, 2019,
21 and ends on September 30, 2027’’
22 and inserting ‘‘Beginning on October
23 1, 2019’’; and
24 (III) by striking ‘‘The preceding
25 sentences shall not be construed as
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1 preventing a State during any such
2 periods from’’ and inserting ‘‘The pre-
3 ceding sentences shall not be con-
4 strued as preventing a State from’’;
5 (ii) in clause (i), by striking the semi-
6 colon at the end and inserting a period;
7 (iii) by striking clauses (ii) and (iii);
8 and
9 (iv) as amended by subclause (i)(III),
10 by striking ‘‘as preventing a State from’’
11 and all that follows through ‘‘applying eli-
12 gibility standards’’ and inserting ‘‘as pre-
13 venting a State from applying eligibility
14 standards’’.
15 (3) QUALIFYING STATES OPTION.—Section
16 2105(g)(4) of the Social Security Act (42 U.S.C.
17 1397ee(g)(4)) is amended—
18 (A) in the paragraph heading, by striking
19 ‘‘FOR FISCAL YEARS 2009 THROUGH 2027’’ and
20 inserting ‘‘AFTER FISCAL YEAR 2008’’; and
21 (B) in subparagraph (A), by striking ‘‘for
22 any of fiscal years 2009 through 2027’’ and in-
23 serting ‘‘for any fiscal year after fiscal year
24 2008’’.
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1 (4) OUTREACH AND ENROLLMENT PROGRAM.—
2 Section 2113 of the Social Security Act (42 U.S.C.
3 1397mm) is amended—
4 (A) in subsection (a)—
5 (i) in paragraph (1), by striking ‘‘dur-
6 ing the period of fiscal years 2009 through
7 2027’’ and inserting ‘‘, beginning with fis-
8 cal year 2009,’’;
9 (ii) in paragraph (2)—
10 (I) by striking ‘‘10 percent of
11 such amounts’’ and inserting ‘‘10 per-
12 cent of such amounts for the period or
13 the fiscal year for which such amounts
14 are appropriated’’; and
15 (II) by striking ‘‘during such pe-
16 riod’’ and inserting ‘‘, during such pe-
17 riod or such fiscal year,’’; and
18 (iii) in paragraph (3), by striking
19 ‘‘For the period of fiscal years 2024
20 through 2027, an amount equal to 10 per-
21 cent of such amounts’’ and inserting ‘‘Be-
22 ginning with fiscal year 2024, an amount
23 equal to 10 percent of such amounts for
24 the period or the fiscal year for which such
25 amounts are appropriated’’; and
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1 (B) in subsection (g)—
2 (i) by striking ‘‘2017,,’’ and inserting
3 ‘‘2017,’’;
4 (ii) by striking ‘‘and $48,000,000’’
5 and inserting ‘‘$48,000,000’’; and
6 (iii) by inserting after ‘‘through
7 2027’’ the following: ‘‘, $60,000,000 for
8 fiscal years 2028, 2029, and 2030, and for
9 each 3 fiscal years after fiscal year 2030,
10 the amount appropriated under this sub-
11 section for the previous fiscal year, in-
12 creased by the percentage increase in the
13 consumer price index for all urban con-
14 sumers (all items; United States city aver-
15 age, as published by the Bureau of Labor
16 Statistics) rounded to the nearest
17 $100,000 over such previous fiscal year’’.
18 (5) CHILD ENROLLMENT CONTINGENCY
19 FUND.—Section 2104(n) of the Social Security Act
20 (42 U.S.C. 1397dd(n)) is amended—
21 (A) in paragraph (2)—
22 (i) in subparagraph (A)(ii)—
23 (I) by striking ‘‘2024 through
24 2026’’ and inserting ‘‘beginning with
25 fiscal year 2024’’; and
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1 (II) by striking ‘‘2023, and
2 2027’’ and inserting ‘‘and 2023’’; and
3 (ii) in subparagraph (B)—
4 (I) by striking ‘‘2024 through
5 2026’’ and inserting ‘‘beginning with
6 fiscal year 2024’’; and
7 (II) by striking ‘‘2023, and
8 2027’’ and inserting ‘‘and 2023’’; and
9 (B) in paragraph (3)(A)—
10 (i) by striking ‘‘fiscal years 2024
11 through 2026’’ and inserting ‘‘fiscal year
12 2024 or any subsequent fiscal year’’; and
13 (ii) by striking ‘‘2023, or 2027’’ and
14 inserting ‘‘or 2023’’.
15 (c) CHIP DRUG REBATES.—
16 (1) IN GENERAL.—Section 2107 of the Social
17 Security Act (42 U.S.C. 1397gg), as amended by
18 section 30721(b)(2), is further amended—
19 (A) in subsection (e)(1) by adding at the
20 end the following new subparagraph:
21 ‘‘(V) Beginning January 1, 2024, section
22 1927, in accordance with subsection (h) of this
23 section, with respect to covered outpatient
24 drugs (as defined in section 1927) for which
25 child health assistance or pregnancy-related as-
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1 sistance (as defined in section 2112(d)(1)) is
2 provided under the State child health plan, in-
3 cluding such drugs dispensed to individuals en-
4 rolled with a managed care organization that
5 meets the requirements of subpart L of part
6 457 of title 42, Code of Federal Regulations (or
7 a successor regulation) if the organization is re-
8 sponsible for coverage of such drugs.’’; and
9 (B) by adding at the end the following new
10 subsection:
11 ‘‘(h) DRUG REBATES.—For purposes of subsection
12 (e)(1)(V), in applying section 1927—
13 ‘‘(1) the Secretary shall take such actions as
14 are necessary and develop or adapt such processes
15 and mechanisms as are necessary, including to re-
16 port and collect data to bill and track rebates under
17 section 1927, as applied pursuant to subsection
18 (e)(1)(V) for covered outpatient drugs (as defined in
19 such section 1927) for which child health assistance
20 or pregnancy-related assistance (as defined in sec-
21 tion 2112(d)(1)) is provided under the State child
22 health plan;
23 ‘‘(2) the requirements of such section 1927
24 shall apply to any drug or biological product de-
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1 scribed in paragraph (1)(A) of section 1905(ee) that
2 is—
3 ‘‘(A) furnished as child health assistance
4 or pregnancy-related assistance under the State
5 child health plan; and
6 ‘‘(B) a covered outpatient drug (as defined
7 in section 1927(k), except that, in applying
8 paragraph (2)(A) of such section to a drug de-
9 scribed in such paragraph (1)(A) of such sec-
10 tion 1905(ee), such drug shall be deemed ‘a
11 prescribed drug for purposes of subsection
12 (a)(12))’; and
13 ‘‘(3) in order for payment to be available under
14 section 2105 with respect to child health assistance
15 or pregnancy-related assistance for covered out-
16 patient drugs of a manufacturer, the manufacturer
17 must have entered into and have in effect a single
18 rebate agreement to—
19 ‘‘(A) provide rebates under section 1927 to
20 a State Medicaid program under title XIX as
21 well as a State program under this title; and
22 ‘‘(B) provide such rebates to a State pro-
23 gram under this title in the same form and
24 manner as the manufacturer is required to pro-
25 vide rebates under an agreement described in
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1 section 1927(b) to a State Medicaid program
2 under title XIX.
3 Nothing in this subsection or subsection (e)(1)(V)
4 shall be construed as limiting Federal financial par-
5 ticipation for prescription drugs and biological prod-
6 ucts that do not satisfy the definition of a covered
7 outpatient drug and for which there is not a rebate
8 agreement in effect.’’.
9 (2) DRUG REBATE CONFORMING AMEND-
10 MENT.—Section 1927(a)(1) of the Social Security
11 Act (42 U.S.C. 1396r–8(a)(1)) is amended in the
12 first sentence—
13 (A) by striking ‘‘or under part B of title
14 XVIII’’ and inserting ‘‘, under part B of title
15 XVIII, or, beginning with the first full calendar
16 quarter with respect to which section
17 2107(e)(1)(V) applies, under section 2105 with
18 respect to child health assistance or pregnancy-
19 related assistance under title XXI’’;
20 (B) by striking ‘‘a rebate agreement de-
21 scribed in subsection (b)’’ and inserting ‘‘a sin-
22 gle rebate agreement described in subsection (b)
23 with respect to payment under section 1903(a)
24 and, beginning January 1, 2024, title XXI,’’;
25 and
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1 (C) by inserting ‘‘and including as such
2 subsection (b) is applied pursuant to sub-
3 sections (e)(1)(V) and (h) of section 2107 with
4 respect to child health assistance and preg-
5 nancy-related assistance under a State child
6 health plan under title XXI’’ before ‘‘, and
7 must meet’’.
8 (3) NON-DUPLICATION OF REBATES CON-
9 FORMING AMENDMENT.—Section 340B(a)(5)(A) of
10 the Public Health Service Act (42 U.S.C.
11 256b(a)(5)(A)) is amended—
12 (A) in clause (i), by inserting before the
13 period the following: ‘‘and shall not request
14 payment under title XXI of such Act for child
15 health assistance or pregnancy-related assist-
16 ance (as defined in section 2112(d)(1) of such
17 Act) under a State child health plan under title
18 XXI of such Act with respect to a drug that is
19 subject to an agreement under this section if
20 the drug is subject to the payment of a rebate
21 to the State under section 1927 of such Act, as
22 applied pursuant to subsections (e)(1)(V) and
23 (h) of section 2107 of such Act’’; and
24 (B) in clause (ii), by inserting ‘‘, including
25 as applied pursuant to subsections (e)(1)(V)
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1 and (h) of section 2107 of such Act,’’ after ‘‘the
2 requirements of section 1927(a)(5)(C) of the
3 Social Security Act’’.
4 (4) EXCLUSION OF REBATES FROM BEST PRICE
5 CONFORMING AMENDMENT.—Section
6 1927(c)(1)(C)(i) of the Social Security Act (42
7 U.S.C. 1396r–8(c)(1)(C)(i)) is amended—
8 (A) in subclause (V), by striking ‘‘and’’ at
9 the end;
10 (B) in subclause (VI), by striking the pe-
11 riod and inserting ‘‘; and’’; and
12 (C) by adding at the end the following new
13 subclause:
14 ‘‘(VII) any rebates paid pursuant
15 to section 2107(e)(1)(V).’’.
16 (d) STATE OPTION TO EXPAND CHILDREN’S ELIGI-
17 BILITY FOR CHIP.—
18 (1) IN GENERAL.—Section 2110(b)(1)(B)(ii) of
19 the Social Security Act (42 U.S.C.
20 1397jj(b)(1)(B)(ii)) is amended—
21 (A) in subclause (II), by striking ‘‘or’’ at
22 the end;
23 (B) in subclause (III), by striking ‘‘and’’
24 at the end and inserting ‘‘or’’; and
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1 (C) by inserting after subclause (III) the
2 following new subclause:
3 ‘‘(IV) at the option of the State,
4 whose family income exceeds the maximum
5 income level otherwise established for chil-
6 dren under the State child health plan as
7 of the date of the enactment of this sub-
8 clause; and’’.
9 (2) TREATMENT OF TERRITORIES.—Section
10 2104(m)(7) of the Social Security Act (42 U.S.C.
11 1397dd(m)(7)) is amended—
12 (A) in the matter preceding subparagraph
13 (A), by striking ‘‘the 50 States or the District
14 of Columbia’’ and inserting ‘‘a State (including
15 the District of Columbia and each common-
16 wealth and territory)’’;
17 (B) in subparagraph (B)(ii), by striking
18 ‘‘or District’’; and
19 (C) in the matter following subparagraph
20 (B), by striking each place it occurs ‘‘or Dis-
21 trict’’
22 (3) REMOVAL OF SUNSET FOR INCREASES IN
23 ALLOTMENTS.—Section 2104(m)(7)(A) of the Social
24 Security Act (42 U.S.C. 1397dd(m)(7)(A)) is
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1 amended by striking ‘‘and ending with fiscal year
2 2027,’’.
3 (e) FUNDING FOR IMPLEMENTATION AND ADMINIS-
4 TRATION.—In addition to amounts otherwise available,
5 there is appropriated to the Secretary, for fiscal year
6 2022, to be available until expended, out of any money
7 in the Treasury not otherwise appropriated, $5,000,000,
8 to provide technical assistance and guidance and cover ad-
9 ministrative costs associated with implementing the
10 amendments made by this section.
11 Subtitle H—Medicare Coverage of
12 Hearing Services
13 SEC. 30901. PROVIDING COVERAGE FOR HEARING CARE
14 UNDER THE MEDICARE PROGRAM.
15 (a) PROVISION OF AUDIOLOGY SERVICES BY QUALI-
16 FIED AUDIOLOGISTS AND QUALIFIED HEARING AID PRO-
17 FESSIONALS.—
18 (1) IN GENERAL.—Section 1861(ll) of the So-
19 cial Security Act (42 U.S.C. 1395x(ll)) is amend-
20 ed—
21 (A) in paragraph (3)—
22 (i) by inserting ‘‘(and, beginning Jan-
23 uary 1, 2023, such aural rehabilitation and
24 treatment services)’’ after ‘‘assessment
25 services’’;
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1 (ii) by inserting ‘‘, and, beginning on
2 January 1, 2023, such hearing assessment
3 services furnished by a qualified hearing
4 aid professional,’’ after ‘‘by a qualified au-
5 diologist’’; and
6 (iii) by striking ‘‘the audiologist’’ and
7 inserting ‘‘the audiologist or qualified hear-
8 ing aid professional’’; and
9 (B) in paragraph (4), by adding at the end
10 the following new subparagraph:
11 ‘‘(C) The term ‘qualified hearing aid profes-
12 sional’ means, with respect to hearing assessment
13 services described in paragraph (3), an individual
14 who—
15 ‘‘(i) is licensed or registered as a hearing
16 aid dispenser, hearing aid specialist, hearing in-
17 strument dispenser, or related professional by
18 the State in which the individual furnishes such
19 services; and
20 ‘‘(ii) meets such other requirements as the
21 Secretary determines appropriate (including re-
22 quirements relating to educational certifications
23 or accreditations), taking into account any addi-
24 tional requirements for hearing aid specialists,
25 hearing aid dispensers, and hearing instrument
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1 dispensers established by Medicare Advantage
2 organizations under part C, State plans (or
3 waivers of such plans) under title XIX, and the
4 group health plans and health insurance issuers
5 (as such terms are defined in section 2791 of
6 the Public Health Service Act).’’.
7 (2) PAYMENT FOR QUALIFIED HEARING AID
8 PROFESSIONALS.—Section 1833(a)(1) of the Social
9 Security Act (42 U.S.C. 1395l(a)(1)), as amended
10 by section 139101(b), is further amended—
11 (A) by striking ‘‘and’’ before ‘‘(EE)’’; and
12 (B) by inserting before the semicolon at
13 the end the following: ‘‘and (FF) with respect
14 to hearing assessment services (as described in
15 paragraph (3) of section 1861(ll)) furnished by
16 a qualified hearing aid professional (as defined
17 in paragraph (4)(C) of such section), the
18 amounts paid shall be equal to 80 percent of
19 the lesser of the actual charge for such services
20 or 85 percent of the amount for such services
21 determined under the payment basis determined
22 under section 1848’’.
23 (b) COVERAGE OF HEARING AIDS.—
24 (1) INCLUSION OF HEARING AIDS AS PROS-
25 THETIC DEVICES.—Section 1861(s)(8) of the Social
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1 Security Act (42 U.S.C. 1395x(s)(8)) is amended by
2 inserting ‘‘, and including hearing aids (as described
3 in section 1834(h)(7)) furnished on or after January
4 1, 2023, to individuals diagnosed with moderately
5 severe, severe, or profound hearing loss’’ before the
6 semicolon at the end.
7 (2) PAYMENT LIMITATIONS FOR HEARING
8 AIDS.—Section 1834(h) of the Social Security Act
9 (42 U.S.C. 1395m(h)) is amended by adding at the
10 end the following new paragraphs:
11 ‘‘(6) PAYMENT ONLY ON AN ASSIGNMENT-RE-
12 LATED BASIS.—Payment for hearing aids for which
13 payment may be made under this part may be made
14 only on an assignment-related basis. The provisions
15 of section 1842(b)(18)(B) shall apply to hearing aids
16 in the same manner as they apply to services fur-
17 nished by a practitioner described in subsection
18 (b)(18)(C).
19 ‘‘(7) LIMITATIONS FOR HEARING AIDS.—Pay-
20 ment may be made under this part with respect to
21 an individual, with respect to hearing aids furnished
22 on or after January 1, 2023—
23 ‘‘(A) not more than once per ear during a
24 5-year period;
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1 ‘‘(B) only for types of such hearing aids
2 that are determined appropriate by the Sec-
3 retary; and
4 ‘‘(C) only if furnished pursuant to a writ-
5 ten order of a physician, qualified audiologist
6 (as defined in section 1861(ll)(4)), qualified
7 hearing aid professional (as so defined), physi-
8 cian assistant, nurse practitioner, or clinical
9 nurse specialist.’’.
10 (3) APPLICATION OF COMPETITIVE ACQUISI-
11 TION.—
12 (A) IN GENERAL.—Section 1834(h)(1)(H)
13 of the Social Security Act (42 U.S.C.
14 1395m(h)(1)(H)) is amended—
15 (i) in the header, by inserting ‘‘AND
16 HEARING AIDS’’ after ‘‘ORTHOTICS’’;
17 (ii) by inserting ‘‘, or of hearing aids
18 described in paragraph (2)(D) of such sec-
19 tion,’’ after ‘‘2011,’’; and
20 (iii) in clause (i), by inserting ‘‘or
21 such hearing aids’’ after ‘‘such orthotics’’.
22 (B) CONFORMING AMENDMENT.—
23 (i) IN GENERAL.—Section 1847(a)(2)
24 of the Social Security Act (42 U.S.C.
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1 1395w–3(a)(2)) is amended by adding at
2 the end the following new subparagraph:
3 ‘‘(D) HEARING AIDS.—Hearing aids de-
4 scribed in section 1861(s)(8) for which payment
5 would otherwise be made under section
6 1834(h).’’.
7 (ii) EXEMPTION OF CERTAIN ITEMS
8 FROM COMPETITIVE ACQUISITION.—Sec-
9 tion 1847(a)(7) of the Social Security Act
10 (42 U.S.C. 1395w–3(a)(7)) is amended by
11 adding at the end the following new sub-
12 paragraph:
13 ‘‘(C) CERTAIN HEARING AIDS.—Those
14 items and services described in paragraph
15 (2)(D) if furnished by a physician or other
16 practitioner (as defined by the Secretary) to the
17 physician’s or practitioner’s own patients as
18 part of the physician’s or practitioner’s profes-
19 sional service.’’.
20 (4) INCLUSION OF QUALIFIED AUDIOLOGISTS
21 AND QUALIFIED HEARING AID PROFESSIONALS AS
22 CERTAIN PRACTITIONERS TO RECEIVE PAYMENT ON
23 AN ASSIGNMENT-RELATED BASIS.—Section
24 1842(b)(18)(C) of the Social Security Act (42
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1 U.S.C. 1395u(b)(18)(C)), is amended by adding at
2 the end the following new clauses:
3 ‘‘(vii) Beginning on January 1, 2023,
4 a qualified audiologist (as defined in sec-
5 tion 1861(ll)(4)(B)).
6 ‘‘(viii) A qualified hearing aid profes-
7 sional (as defined in section
8 1861(ll)(4)(C)).’’.
9 (c) EXCLUSION MODIFICATION.—Section 1862(a)(7)
10 of the Social Security Act (42 U.S.C. 1395y(a)(7)) is
11 amended by inserting ‘‘(except such hearing aids or exami-
12 nations therefor as described in and otherwise allowed
13 under section 1861(s)(8))’’ after ‘‘hearing aids or exami-
14 nations therefor’’.
15 (d) INCLUSION AS EXCEPTED MEDICAL TREAT-
16 MENT.—Section 1821(b)(5)(A) of the Social Security Act
17 (42 U.S.C. 1395i–5(b)(5)(A)) is amended—
18 (1) in clause (i), by striking ‘‘or’’;
19 (2) in clause (ii), by striking the period and in-
20 serting ‘‘, or’’; and
21 (3) by adding at the end the following new
22 clause:
23 ‘‘(iii) consisting of audiology services
24 described in subsection (ll)(3) of section
25 1861, or hearing aids described in sub-
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1 section (s)(8) of such section, that are pay-
2 able under part B as a result of the
3 amendments made by An Act to provide
4 for reconciliation pursuant to title II of S.
5 Con. Res. 14.’’.
6 (e) RURAL HEALTH CLINICS AND FEDERALLY
7 QUALIFIED HEALTH CENTERS.—
8 (1) CLARIFYING COVERAGE OF AUDIOLOGY
9 SERVICES AS PHYSICIANS’ SERVICES.—Section
10 1861(aa)(1)(A) of the Social Security Act (42
11 U.S.C. 1395x(aa)(1)(A)) is amended by inserting
12 ‘‘(including audiology services (as defined in sub-
13 section (ll)(3)))’’ after ‘‘physicians’ services’’.
14 (2) INCLUSION OF QUALIFIED AUDIOLOGISTS
15 AND QUALIFIED HEARING AID PROFESSIONALS AS
16 RHC AND FQHC PRACTITIONERS.—Section
17 1861(aa)(1)(B) of the Social Security Act (42
18 U.S.C. 1395x(aa)(1)(B)) is amended by inserting
19 ‘‘or by a qualified audiologist or a qualified hearing
20 aid professional (as such terms are defined in sub-
21 section (ll)),’’ after ‘‘(as defined in subsection
22 (hh)(1)),’’.
23 (3) TEMPORARY PAYMENT RATES FOR CERTAIN
24 SERVICES UNDER THE RHC AIR AND FQHC PPS.—
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1 (A) AIR.—Section 1833 of the Social Se-
2 curity Act (42 U.S.C. 1395l) is amended—
3 (i) in subsection (a)(3)(A), by insert-
4 ing ‘‘(which shall, in the case of audiology
5 services (as defined in section 1861(ll)(3)),
6 in lieu of any limits on reasonable charges
7 otherwise applicable, be based on the rates
8 payable for such services under the pay-
9 ment basis determined under section 1848
10 until such time as the Secretary deter-
11 mines sufficient data has been collected to
12 otherwise apply such limits (or January 1,
13 2029, if no such determination has been
14 made as of such date))’’ after ‘‘may pre-
15 scribe in regulations’’; and
16 (ii) by adding at the end the following
17 new subsection:
18 ‘‘(ee) DISREGARD OF COSTS ATTRIBUTABLE TO CER-
19 TAIN SERVICES FROM CALCULATION OF RHC AIR.—
20 Payments for rural health clinic services other than audi-
21 ology services (as defined in section 1861(ll)(3)) under the
22 methodology for all-inclusive rates (established by the Sec-
23 retary) under subsection (a)(3) shall not take into account
24 the costs of such services while rates for such services are
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1 based on rates payable for such services under the pay-
2 ment basis established under section 1848.’’.
3 (B) PPS.—Section 1834(o) of the Social
4 Security Act (42 U.S.C. 1395m(o)) is amended
5 by adding at the end the following new para-
6 graph:
7 ‘‘(5) TEMPORARY PAYMENT RATES BASED ON
8 PFS FOR CERTAIN SERVICES.—The Secretary shall,
9 in establishing payment rates for audiology services
10 (as defined in section 1861(ll)(3)) that are Federally
11 qualified health center services under the prospective
12 payment system established under this subsection, in
13 lieu of the rates otherwise applicable under such sys-
14 tem, base such rates on rates payable for such serv-
15 ices under the payment basis established under sec-
16 tion 1848 until such time as the Secretary deter-
17 mines sufficient data has been collected to otherwise
18 establish rates for such services under such system
19 (or January 1, 2029, if no such determination has
20 been made as of such date). Payments for Federally
21 qualified health center services other than such audi-
22 ology services under such system shall not take into
23 account the costs of such services while rates for
24 such services are based on rates payable for such
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1 services under the payment basis established under
2 section 1848.’’.
3 (f) IMPLEMENTATION.—
4 (1) IN GENERAL.—In addition to amounts oth-
5 erwise available, there is appropriated to the Sec-
6 retary of Health and Human Services for fiscal year
7 2022, out of any money in the Treasury not other-
8 wise appropriated, $370,000,000, to remain avail-
9 able until expended, for purposes of implementing
10 the amendments made by this section during the pe-
11 riod beginning on January 1, 2022, and ending on
12 September 30, 2031.
13 (2) PROGRAM INSTRUCTION.—The Secretary of
14 Health and Human Services shall implement the
15 provisions of, and the amendments made by, this
16 section for 2022 and 2023 by program instruction.
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1 Subtitle I—Public Health
2 PART 1—HEALTH CARE INFRASTRUCTURE AND
3 WORKFORCE
4 SEC. 31001. FUNDING TO SUPPORT CORE PUBLIC HEALTH
5 INFRASTRUCTURE FOR STATE, TERRITORIAL,
6 LOCAL, AND TRIBAL HEALTH DEPARTMENTS
7 AT THE CENTERS FOR DISEASE CONTROL
8 AND PREVENTION.
9 (a) IN GENERAL.—In addition to amounts otherwise
10 available, there is appropriated to the Secretary of Health
11 and Human Services (in this subtitle referred to as the
12 ‘‘Secretary’’), acting through the Director of the Centers
13 for Disease Control and Prevention (in this section re-
14 ferred to as the ‘‘Director’’), for fiscal year 2022, out of
15 any money in the Treasury not otherwise appropriated,
16 and to remain available until expended—
17 (1) for the purposes of carrying out subsection
18 (c)(1)(A)—
19 (A) $200,000,000 in fiscal year 2022;
20 (B) $300,000,000 in fiscal year 2023; and
21 (C) $1,000,000,000 in each of fiscal years
22 2024 through 2026;
23 (2) for the purposes of carrying out subsection
24 (c)(1)(B)—
25 (A) $100,000,000 in fiscal year 2022;
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1 (B) $150,000,000 in fiscal year 2023; and
2 (C) $500,000,000 in each of fiscal years
3 2024 through 2026; and
4 (3) for the purposes of carrying out subsection
5 (d)—
6 (A) $100,000,000 in fiscal year 2022;
7 (B) $150,000,000 in fiscal year 2023; and
8 (C) $500,000,000 in each of fiscal years
9 2024 through 2026.
10 (b) USE OF FUNDS.—Amounts made available pursu-
11 ant to subsection (a) shall be used to support core public
12 health infrastructure activities to strengthen the public
13 health system of the United States, including by awarding
14 grants under this section and expanding and improving
15 activities of the Centers for Disease Control and Preven-
16 tion under subsections (c) and (d).
17 (c) GRANTS.—
18 (1) AWARDS.—For the purpose of addressing
19 core public health infrastructure needs, the Sec-
20 retary shall award—
21 (A) a grant to each State or territorial
22 health department, and to local health depart-
23 ments that serve counties with a population of
24 at least 2,000,000 or cities with a population of
25 at least 400,000 people; and
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1 (B) grants on a competitive basis to State,
2 territorial, local, or Tribal health departments.
3 (2) REQUIRED USES.—
4 (A) REALLOCATION TO LOCAL HEALTH
5 DEPARTMENTS.—A State health department re-
6 ceiving funds under subparagraph (A) or (B) of
7 paragraph (1) shall allocate at least 25 percent
8 of such funds to local health departments, as
9 applicable, within the State to support contribu-
10 tions of the local health departments to core
11 public health infrastructure.
12 (B) PROGRESS IN MEETING ACCREDITA-
13 TION STANDARDS.—A health department receiv-
14 ing funds under this section that is not accred-
15 ited shall report to the Secretary on an annual
16 basis how the department is working to meet
17 accreditation standards.
18 (3) FORMULA GRANTS TO HEALTH DEPART-
19 MENTS.—In awarding grants under paragraph (1),
20 the Secretary shall award funds to each health de-
21 partment in accordance with a formula which con-
22 siders population size, the Social Vulnerability Index
23 of the Centers for Disease Control and Prevention,
24 and other factors as determined by the Secretary.
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1 (4) COMPETITIVE GRANTS TO STATE, TERRI-
2 TORIAL, LOCAL, AND TRIBAL HEALTH DEPART-
3 MENTS.—In making grants under paragraph (1)(B),
4 the Secretary shall give priority to applicants dem-
5 onstrating core public health infrastructure needs
6 for public health agencies in the applicant’s jurisdic-
7 tion.
8 (5) PERMITTED USES.—
9 (A) IN GENERAL.—The Secretary may
10 make available a subset of the funds available
11 for grants under paragraph (1) for purposes of
12 awarding grants to State, territorial, local, and
13 Tribal health departments for planning or to
14 support public health accreditation.
15 (B) USES.—Recipients of such grants may
16 use the grant funds to assess core public health
17 infrastructure needs and report to the Centers
18 for Disease Control and Prevention on efforts
19 to achieve accreditation, as applicable.
20 (6) REQUIREMENTS.—To be eligible for a grant
21 under this section, an entity shall—
22 (A) submit an application in such form
23 and containing such information as the Sec-
24 retary shall require;
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1 (B) demonstrate to the satisfaction of the
2 Secretary that—
3 (i) funds received through the grant
4 will be expended only to supplement, and
5 not supplant, non-Federal and Federal
6 funds otherwise available to the entity for
7 the purpose of addressing core public
8 health infrastructure needs; and
9 (ii) with respect to activities for which
10 the grant is awarded, the entity will main-
11 tain expenditures of non-Federal amounts
12 for such activities at a level not less than
13 the level of such expenditures maintained
14 by the entity for fiscal year 2019; and
15 (C) agree to report annually to the Direc-
16 tor regarding the use of the grant funds.
17 (d) CORE PUBLIC HEALTH INFRASTRUCTURE AND
18 ACTIVITIES FOR THE CDC.—The Secretary, acting
19 through the Director, shall expand and improve the core
20 public health infrastructure and activities of the Centers
21 for Disease Control and Prevention to support activities
22 necessary to address unmet, ongoing, and emerging public
23 health needs, including prevention, preparation for, and
24 response to public health emergencies.
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1 (e) DEFINITION.—In this section, the term ‘‘core
2 public health infrastructure’’ includes—
3 (1) health equity activities;
4 (2) workforce capacity and competency;
5 (3) all hazards public health and preparedness;
6 (4) testing capacity, including test platforms,
7 mobile testing units, and personnel;
8 (5) health information, health information sys-
9 tems, and health information analysis (including
10 data analytics);
11 (6) epidemiology and disease surveillance;
12 (7) contact tracing;
13 (8) policy and communications;
14 (9) financing;
15 (10) community partnership development; and
16 (11) relevant components of organizational ca-
17 pacity.
18 (f) SUPPLEMENT NOT SUPPLANT.—Amounts made
19 available by this section shall be used to supplement, and
20 not supplant, amounts otherwise made available for the
21 purposes described in this Act.
22 SEC. 31002. FUNDING FOR HEALTH CENTER CAPITAL
23 GRANTS.
24 (a) IN GENERAL.—In addition to amounts otherwise
25 available, there is appropriated to the Secretary for fiscal
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $2,000,000,000, to remain available until
3 expended, for necessary expenses for awarding grants and
4 entering into cooperative agreements for capital projects
5 to health centers funded under section 330 of the Public
6 Health Service Act (42 U.S.C. 254b) to be awarded with-
7 out regard to the time limitation in subsection (e)(3) and
8 subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and (r)(2)(B) of
9 such section 330, and for necessary expenses for awarding
10 grants and cooperative agreements for capital projects to
11 Federally qualified health centers, as described in section
12 1861(aa)(4)(B) of the Social Security Act (42 U.S.C.
13 1395x(aa)(4)(B)). The Secretary shall take such steps as
14 may be necessary to expedite the awarding of such grants
15 to Federally qualified health centers for capital projects.
16 (b) USE OF FUNDS.—Amounts made available to a
17 recipient of a grant or cooperative agreement pursuant to
18 subsection (a) shall be used for—
19 (1) health center facility alteration, renovation,
20 remodeling, expansion, construction, and other cap-
21 ital improvement costs, including the costs of amor-
22 tizing the principal of, and paying interest on, loans
23 for such purposes; and
24 (2) the purchase, renovation, or maintenance of
25 mobile clinics and related vehicles and equipment.
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1 SEC. 31003. FUNDING FOR TEACHING HEALTH CENTER
2 GRADUATE MEDICAL EDUCATION.
3 (a) IN GENERAL.—In addition to amounts otherwise
4 available, and notwithstanding the limitations referred to
5 in subsections (b)(2) and (d)(2) of section 340H of the
6 Public Health Service Act (42 U.S.C. 256h), there is ap-
7 propriated to the Secretary for fiscal year 2022, out of
8 any money in the Treasury not otherwise appropriated,
9 $3,370,000,000, to remain available until expended, for—
10 (1) the program of payments to teaching health
11 centers that operate graduate medical education pro-
12 grams under such section; and
13 (2) the award of teaching health center develop-
14 ment grants pursuant to section 749A of the Public
15 Health Service Act (42 U.S.C. 293l–1).
16 (b) EXEMPTION FROM AMOUNT AND DURATION LIM-
17 ITATIONS.—Subsection (b) of section 749A of the Public
18 Health Service Act (42 U.S.C. 293l–1) shall not apply
19 with respect to amounts awarded under such section out
20 of amounts appropriated under subsection (a) or under
21 section 2604 of the American Rescue Plan Act (Public
22 Law 117–2).
23 (c) USE OF FUNDS.—Amounts made available pursu-
24 ant to subsection (a) shall be used for the following activi-
25 ties:
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1 (1) For making payments to establish new ap-
2 proved graduate medical residency training pro-
3 grams pursuant to section 340H(a)(1)(C) of the
4 Public Health Service Act (42 U.S.C.
5 256h(a)(1)(C)).
6 (2) For making payments under section
7 340H(a)(1)(A) of the Public Health Service Act (42
8 U.S.C. 256h(a)(1)(A))) to qualified teaching health
9 centers for maintenance of filled positions at existing
10 approved graduate medical residency training pro-
11 grams.
12 (3) For making payments under section
13 340H(a)(1)(B) of the Public Health Service Act (42
14 U.S.C. 256h(a)(1)(B)) for the expansion of existing
15 approved graduate medical residency training pro-
16 grams.
17 (4) For making awards under section 749A of
18 the Public Health Service Act (42 U.S.C. 293l–1) to
19 teaching health centers for the purpose of estab-
20 lishing new accredited or expanded primary care
21 residency programs.
22 (5) To provide an increase to the per resident
23 amount described in section 340H(a)(2) of the Pub-
24 lic Health Service Act (42 U.S.C. 256h(a)(2)).
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1 (d) PRIORITY USES OF FUNDS.—In making pay-
2 ments and awards under subsection (c), the Secretary
3 shall, in addition to the requirements of paragraphs (3)(A)
4 and (3)(B) of section 340H of the Public Health Service
5 Act (42 U.S.C. 256h), make payments and awards to eligi-
6 ble entities in a manner that accounts for States or terri-
7 tories in which there is no existing qualified teaching
8 health center funded by payments under such section
9 340H.
10 SEC. 31004. FUNDING FOR CHILDREN’S HOSPITALS THAT
11 OPERATE GRADUATE MEDICAL EDUCATION
12 PROGRAMS.
13 In addition to amounts otherwise available, and not-
14 withstanding the caps on awards specified in paragraphs
15 (1) and (2) of subsection (b) and (h)(1) of section 340E
16 of the Public Health Service Act (42 U.S.C. 256e), there
17 is appropriated to the Secretary for fiscal year 2022, out
18 of any money in the Treasury not otherwise appropriated,
19 $200,000,000, to remain available until expended, for car-
20 rying out such section 340E of the Public Health Service
21 Act (42 U.S.C. 256e).
22 SEC. 31005. FUNDING FOR NATIONAL HEALTH SERVICE
23 CORPS.
24 In addition to amounts otherwise available, there is
25 appropriated to the Secretary for fiscal year 2022, out of
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1 any money in the Treasury not otherwise appropriated,
2 $2,000,000,000, to remain available until expended, for
3 carrying out sections 338A, 338B, and 338I of the Public
4 Health Service Act (42 U.S.C. 254l, 254l–1, 254q–1).
5 SEC. 31006. FUNDING FOR THE NURSE CORPS.
6 In addition to amounts otherwise available, there is
7 appropriated to the Secretary for fiscal year 2022, out of
8 any money in the Treasury not otherwise appropriated,
9 $500,000,000, to remain available until expended, for car-
10 rying out section 846 of the Public Health Service Act
11 (42 U.S.C. 297n).
12 SEC. 31007. FUNDING FOR SCHOOLS OF MEDICINE IN UN-
13 DERSERVED AREAS.
14 (a) IN GENERAL.—In addition to amounts otherwise
15 available, there is appropriated to the Secretary for fiscal
16 year 2022, out of any money in the Treasury not otherwise
17 appropriated, $500,000,000, to remain available until ex-
18 pended, for purposes of making awards to eligible entities
19 for the establishment, improvement, or expansion of an
20 allopathic or osteopathic school of medicine, or a branch
21 campus of an allopathic or osteopathic school of medicine,
22 consistent with subsection (b).
23 (b) USE OF FUNDS.—The Secretary, acting through
24 the Administrator of the Health Resources and Services
25 Administration, shall, with priority given to minority-serv-
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1 ing institutions described in section 371(a) of the Higher
2 Education Act of 1965 (20 U.S.C. 1067q(a)), and taking
3 into consideration equitable distribution of awards among
4 the geographical regions of the United States (which shall
5 include rural regions and populations as defined by the
6 Secretary for the purposes of this section) and the loca-
7 tions of existing schools of medicine and osteopathic medi-
8 cine, use amounts appropriated by subsection (a) to award
9 grants to eligible entities to—
10 (1) recruit, enroll, and retain students, includ-
11 ing individuals who are from disadvantaged back-
12 grounds (including racial and ethnic groups under-
13 represented among medical students and health pro-
14 fessions), individuals from rural and underserved
15 areas, low-income individuals, and first generation
16 college students (as defined in section 402A(h)(3) of
17 the Higher Education Act of 1965 (20 U.S.C.
18 1070a–11(h)(3))), at a school of medicine or osteo-
19 pathic medicine or branch campus of a school of
20 medicine or osteopathic medicine;
21 (2) develop, implement, and expand curriculum
22 that emphasizes care for rural and underserved pop-
23 ulations, including accessible and culturally appro-
24 priate and linguistically appropriate care and serv-
25 ices, at such school or branch campus;
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1 (3) plan and construct a school of medicine or
2 osteopathic medicine in an area in which no other
3 such school or branch campus of such a school is
4 based;
5 (4) plan, develop, and meet criteria for accredi-
6 tation for a school of medicine or osteopathic medi-
7 cine or branch campus of such a school;
8 (5) hire faculty, including faculty from racial
9 and ethnic groups who are underrepresented among
10 the medical and other health professions, and other
11 staff to serve at such a school or branch campus;
12 (6) support educational programs at such a
13 school or branch campus, including modernizing cur-
14 riculum;
15 (7) modernize and expand infrastructure at
16 such a school or branch campus; or
17 (8) support other activities that the Secretary
18 determines will further the establishment, improve-
19 ment, or expansion of a school of medicine or osteo-
20 pathic medicine or branch campus of a school of
21 medicine or osteopathic medicine.
22 (c) DEFINITIONS.—In this section:
23 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
24 ty’’ means an institution of higher education as de-
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1 fined in section 101 of the Higher Education Act of
2 1965 (20 U.S.C. 1001).
3 (2) BRANCH CAMPUS.—
4 (A) IN GENERAL.—The term ‘‘branch cam-
5 pus’’, with respect to a school of medicine or os-
6 teopathic medicine, means an additional loca-
7 tion of such school that is geographically apart
8 and independent of the main campus, at which
9 the school offers at least 50 percent of the pro-
10 gram leading to a degree of doctor of medicine
11 or doctor of osteopathy that is offered at the
12 main campus.
13 (B) INDEPENDENCE FROM MAIN CAM-
14 PUS.—For purposes of subparagraph (A), the
15 location of a school described in such subpara-
16 graph shall be considered to be independent of
17 the main campus described in such subpara-
18 graph if the location—
19 (i) is permanent in nature;
20 (ii) offers courses in educational pro-
21 grams leading to a degree, certificate, or
22 other recognized educational credential;
23 (iii) has its own faculty and adminis-
24 trative or supervisory organization; and
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1 (iv) has its own budgetary and hiring
2 authority.
3 SEC. 31008. FUNDING FOR SCHOOLS OF NURSING IN UN-
4 DERSERVED AREAS.
5 (a) IN GENERAL.—In addition to amounts otherwise
6 available, there is appropriated to the Secretary for fiscal
7 year 2022, out of any money in the Treasury not otherwise
8 appropriated, $500,000,000, to remain available until ex-
9 pended, for purposes of making awards to schools of nurs-
10 ing (as defined in section 801 of the Public Health Service
11 Act (42 U.S.C. 296)) to enhance and modernize nursing
12 education programs and increase the number of faculty
13 and students at such schools.
14 (b) USE OF FUNDS.—The Secretary, acting through
15 the Administrator of the Health Resources and Services
16 Administration, taking into consideration equitable dis-
17 tribution of awards among the geographical regions of the
18 United States and the capacity of a school of nursing to
19 provide care in underserved areas, shall use amounts ap-
20 propriated by subsection (a) to award grants for purposes
21 of—
22 (1) recruiting, enrolling, and retaining students
23 at such school, with a priority for students from dis-
24 advantaged backgrounds (including racial or ethnic
25 groups underrepresented in the nursing workforce),
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1 individuals from rural and underserved areas, low-in-
2 come individuals, and first generation college stu-
3 dents (as defined in section 402A(h)(3) of the High-
4 er Education Act of 1965 (20 U.S.C. 1070a–
5 11(h)(3)));
6 (2) creating, supporting, or modernizing edu-
7 cational programs and curricula at such school;
8 (3) retaining current faculty, and hiring new
9 faculty, with an emphasis on faculty from racial or
10 ethnic groups that are underrepresented in the nurs-
11 ing workforce;
12 (4) modernizing infrastructure at such school,
13 including audiovisual or other equipment, personal
14 protective equipment, simulation and augmented re-
15 ality resources, telehealth technologies, and virtual
16 and physical laboratories;
17 (5) partnering with a health care facility, nurse-
18 managed health clinic, or community health center,
19 in order to provide educational opportunities for the
20 purpose of establishing or expanding clinical edu-
21 cation;
22 (6) enhancing and expanding nursing programs
23 that prepare nurse researchers and scientists;
24 (7) establishing nurse-led intradisciplinary and
25 interprofessional educational partnerships; or
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1 (8) other activities that the Secretary deter-
2 mines will further the development, improvement,
3 and expansion of schools of nursing.
4 SEC. 31009. FUNDING FOR PALLIATIVE CARE AND HOSPICE
5 EDUCATION AND TRAINING.
6 (a) IN GENERAL.—In addition to amounts otherwise
7 available, there is appropriated to the Secretary for fiscal
8 year 2022, out of any money in the Treasury not otherwise
9 appropriated, $25,000,000, to remain available until ex-
10 pended, to support the establishment or operation of pro-
11 grams that—
12 (1) support training of health professionals in
13 palliative and hospice care (including through
14 traineeships or fellowships); and
15 (2) foster patient and family engagement, inte-
16 gration of palliative and hospice care with primary
17 care and other appropriate specialties, and collabora-
18 tion with community partners to address gaps in
19 health care for individuals in need of palliative or
20 hospice care.
21 (b) USE OF FUNDS.—The Secretary shall, giving pri-
22 ority to applicants proposing to carry out programs or ac-
23 tivities that demonstrate coordination with other Federal
24 or State programs and are expected to substantially ben-
25 efit rural populations, medically underserved populations,
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1 medically underserved communities, Indian Tribes or
2 Tribal organizations, or Urban Indian organizations, use
3 amounts appropriated by subsection (a) to carry out a pro-
4 gram to award grants or contracts to entities defined in
5 paragraph (1), (3), or (4) of section 799B of the Public
6 Health Service Act (42 U.S.C. 295p) or section 801(2)
7 of such Act (42 U.S.C. 296) for purposes of carrying out
8 the following activities:
9 (1) Clinical training on providing integrated
10 palliative and hospice care and primary care delivery
11 services.
12 (2) Interprofessional or interdisciplinary train-
13 ing to practitioners from multiple disciplines and
14 specialties, including training on the provision of
15 care to individuals with palliative or hospice care
16 needs.
17 (3) Establishing or maintaining training-related
18 community-based programs for individuals with pal-
19 liative or hospice care needs and caregivers to im-
20 prove quality of life, and where appropriate, health
21 outcomes for individuals who have palliative or hos-
22 pice care needs.
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1 SEC. 31010. FUNDING FOR PALLIATIVE MEDICINE PHYSI-
2 CIAN TRAINING.
3 (a) IN GENERAL.—In addition to amounts otherwise
4 available, there is appropriated to the Secretary for fiscal
5 year 2022, out of any money in the Treasury not otherwise
6 appropriated, $20,000,000, to remain available until ex-
7 pended, to carry out a program to award grants and con-
8 tracts to accredited schools of medicine, schools of osteo-
9 pathic medicine, teaching hospitals, and graduate medical
10 education programs for the purpose of providing support
11 for projects that fund the training of physicians or special-
12 ists who plan to teach or practice palliative medicine.
13 (b) USE OF FUNDS.—Amounts made available to an
14 awardee pursuant to subsection (a) shall be used to—
15 (1) provide training in interprofessional or
16 interdisciplinary team-based palliative medicine
17 through a variety of service rotations, such as rota-
18 tions with respect to consultation services or acute
19 and chronic care services, and rotations in other
20 health care settings, including extended care facili-
21 ties, ambulatory care and comprehensive evaluation
22 units, hospices, home care, and community care pro-
23 grams;
24 (2) develop specific performance-based meas-
25 ures to evaluate the competency of trainees; and
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1 (3) provide training in interprofessional or
2 interdisciplinary, team-based palliative medicine.
3 (c) GRADUATE MEDICAL EDUCATION PROGRAM DE-
4 FINED.—In this section, the term ‘‘graduate medical edu-
5 cation program’’ means a program sponsored by an ac-
6 credited school of medicine, an accredited school of osteo-
7 pathic medicine, a hospital, or a public or private institu-
8 tion that—
9 (1) offers postgraduate medical training in the
10 specialties and subspecialties of medicine; and
11 (2) has been accredited by—
12 (A) the Accreditation Council for Graduate
13 Medical Education; or
14 (B) the American Osteopathic Association
15 through its Committee on Postdoctoral Train-
16 ing (or a successor committee).
17 SEC. 31011. FUNDING FOR PALLIATIVE CARE AND HOSPICE
18 ACADEMIC CAREER AWARDS.
19 In addition to amounts otherwise available, there is
20 appropriated to the Secretary for fiscal year 2022, out of
21 any money in the Treasury not otherwise appropriated,
22 $20,000,000, to remain available until expended, to estab-
23 lish a program, consistent with section 753(b) of the Pub-
24 lic Health Service Act (42 U.S.C. 294c(b)), including
25 paragraphs (5)(A) and (5)(B) of such section 753(b) con-
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1 cerning the amount and duration of awards, respectively,
2 except that such program shall be to provide awards to
3 accredited schools of medicine, osteopathic medicine, nurs-
4 ing, social work, psychology, allied health, dentistry, or
5 chaplaincy applying on behalf of board-certified or board-
6 eligible individuals in hospice and palliative medicine that
7 have an early-career junior (non-tenured) faculty appoint-
8 ment at an accredited school of medicine, or osteopathic
9 medicine, nursing, social work, psychology, allied health,
10 dentistry, or chaplaincy, to promote the academic career
11 development of individuals as hospice and palliative care
12 specialists.
13 SEC. 31012. FUNDING FOR HOSPICE AND PALLIATIVE NURS-
14 ING.
15 (a) IN GENERAL.—In addition to amounts otherwise
16 available, there is appropriated to the Secretary for fiscal
17 year 2022, out of any money in the Treasury not otherwise
18 appropriated, $20,000,000, to remain available until ex-
19 pended, to establish a program to award grants and con-
20 tracts to accredited schools of nursing, health care facili-
21 ties, programs leading to certification as a certified nurse
22 assistant, partnerships of such schools and facilities, or
23 partnerships of such programs and facilities to develop
24 and implement, in coordination with other hospice and
25 palliative care programs administered by the Department
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1 of Health and Human Services, programs and initiatives
2 to train and educate individuals in providing interprofes-
3 sional, interdisciplinary, team-based palliative care in
4 health-related educational, hospital, hospice, home, or
5 long-term care settings.
6 (b) USE OF FUNDS.—Amounts made available to an
7 awardee pursuant to subsection (a) shall be used to—
8 (1) provide training to individuals who will pro-
9 vide palliative care in health-related educational,
10 hospital, home, hospice, or long-term care settings;
11 (2) develop and disseminate curricula relating
12 to palliative care in health-related educational, hos-
13 pital, home, hospice, or long-term care settings;
14 (3) train faculty members in palliative care in
15 health-related educational, hospital, home, hospice,
16 or long-term care settings; and
17 (4) provide continuing education to individuals
18 who provide palliative care in health-related edu-
19 cational, home, hospice, or long-term care settings.
20 SEC. 31013. FUNDING FOR DISSEMINATION OF PALLIATIVE
21 CARE INFORMATION.
22 (a) IN GENERAL.—In addition to amounts otherwise
23 available, there is appropriated to the Secretary for fiscal
24 year 2022, out of any money in the Treasury not otherwise
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1 appropriated, $5,000,000, to remain available until ex-
2 pended, for the purpose described in subsection (b).
3 (b) USE OF FUNDS.—The Secretary, after consulta-
4 tion with appropriate medical and other health profes-
5 sional societies and palliative care and hospice stake-
6 holders, shall use amounts appropriated by subsection (a)
7 to award grants or contracts to public and nonprofit pri-
8 vate entities to disseminate information to inform pa-
9 tients, families, caregivers, direct care workers, and health
10 professionals about the benefits of palliative care through-
11 out the continuum of care for patients with serious or life-
12 threatening illness. Such awareness campaign shall in-
13 clude—
14 (1) information, resources, communication, and
15 education materials about palliative care for patients
16 and families facing serious or life-threatening ill-
17 nesses;
18 (2) information regarding hospice and palliative
19 care services, including information on how such
20 services may—
21 (A) incorporate age-friendly, patient-cen-
22 tered, and family-centered support throughout
23 the continuum of care for serious and life-
24 threatening illness;
25 (B) anticipate, prevent, and treat pain;
•HR 5376 EH
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1 (C) optimize quality of life; and
2 (D) facilitate and support the goals and
3 values of patients and families;
4 (3) materials that explain the role of profes-
5 sionals trained in hospice and palliative care in pro-
6 viding team-based care for patients and families
7 throughout the continuum of care for serious or life-
8 threatening illness; and
9 (4) materials for specific populations, including
10 patients with serious or life-threatening illness who
11 are among medically underserved populations (as de-
12 fined in section 330(b)(3) of the Public Health Serv-
13 ice Act (42 U.S.C. 254b(b)(3)) and families of such
14 patients or health professionals serving medically un-
15 derserved populations.
16 PART 2—PANDEMIC PREPAREDNESS
17 SEC. 31021. FUNDING FOR LABORATORY ACTIVITIES AT
18 THE CENTERS FOR DISEASE CONTROL AND
19 PREVENTION.
20 (a) IN GENERAL.—In addition to amounts otherwise
21 available, there is appropriated to the Secretary for fiscal
22 year 2022, out of any money in the Treasury not otherwise
23 appropriated, $1,400,000,000 to remain available until ex-
24 pended, for purposes of carrying out activities consistent
25 with subsection (b).
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1 (b) USE OF FUNDS.—The Secretary, acting through
2 the Director of the Centers for Disease Control and Pre-
3 vention, shall use amounts made available pursuant to
4 subsection (a) for the following activities:
5 (1) Supporting renovation, improvement, expan-
6 sion, and modernization of State and local public
7 health laboratory infrastructure (as the term ‘‘lab-
8 oratory’’ is defined in section 353 of the Public
9 Health Service Act (42 U.S.C. 263a)), including—
10 (A) the improvement and enhancement of
11 testing and response capacity;
12 (B) improvements and expansion of the
13 Laboratory Response Network for rapid out-
14 break detection;
15 (C) the improvement and expansion of
16 genomic sequencing capabilities to detect
17 emerging diseases and variant strains; and
18 (D) the improvement and expansion of bio-
19 safety and biosecurity capacity.
20 (2) Enhancing the capacity of the laboratories
21 of the Centers for Disease Control and Prevention
22 as described in subparagraphs (A) through (D) of
23 paragraph (1).
24 (3) Enhancing the ability of the Centers for
25 Disease Control and Prevention to monitor and exer-
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1 cise oversight over the biosafety and biosecurity of
2 State and local public health laboratories.
3 SEC. 31022. FUNDING FOR PUBLIC HEALTH AND PRE-
4 PAREDNESS RESEARCH, DEVELOPMENT, AND
5 COUNTERMEASURE CAPACITY.
6 (a) IN GENERAL.—In addition to amounts otherwise
7 available, there is appropriated to the Secretary for fiscal
8 year 2022, out of any money in the Treasury not otherwise
9 appropriated, $1,300,000,000, to carry out activities to
10 prepare for, and respond to, public health emergencies de-
11 clared under section 319 of the Public Health Service Act
12 (42 U.S.C. 247d), as described in subsection (b), to re-
13 main available until expended.
14 (b) USE OF FUNDS.—The Secretary, acting through
15 the Assistant Secretary for Preparedness and Response,
16 shall use amounts made available pursuant to subsection
17 (a)—
18 (1) to support surge capacity, including through
19 construction, expansion, or modernization of facili-
20 ties, to respond to a public health emergency, and
21 for development, procurement, and domestic manu-
22 facture of drugs, active pharmaceutical ingredients,
23 vaccines and other biological products, diagnostic
24 technologies and products, medical devices (including
25 personal protective equipment), vials, syringes, nee-
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1 dles, and other components or supplies for the Stra-
2 tegic National Stockpile under section 319F–2 of
3 the Public Health Service Act (42 U.S.C. 247d–6b);
4 (2) to support expanded vaccine production ca-
5 pacity and capabilities, including by developing or
6 acquiring new technology and expanding manufac-
7 turing capacity through construction, expansion, or
8 modernization of facilities;
9 (3) to support activities to mitigate supply
10 chain risks and enhance supply chain elasticity and
11 resilience for critical drugs, active pharmaceutical in-
12 gredients, and supplies (including essential medi-
13 cines, medical countermeasures, and supplies in
14 shortage or at risk of shortage), drug and vaccine
15 raw materials, and other supplies, as the Secretary
16 determines appropriate, including construction, ex-
17 pansion, or modernization of facilities, adoption of
18 advanced manufacturing processes, and other activi-
19 ties to support domestic manufacturing of such sup-
20 plies;
21 (4) to support activities conducted by the Bio-
22 medical Advanced Research and Development Au-
23 thority for advanced research, standards develop-
24 ment, and domestic manufacturing capacity for
25 drugs, including essential medicines, diagnostics,
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1 vaccines, therapeutics, and personal protective equip-
2 ment; and
3 (5) to support increased biosafety and biosecu-
4 rity in research on infectious diseases, including by
5 modernization or improvement of facilities.
6 SEC. 31023. FUNDING FOR INFRASTRUCTURE MODERNIZA-
7 TION AND INNOVATION AT THE FOOD AND
8 DRUG ADMINISTRATION.
9 In addition to amounts otherwise available, there is
10 appropriated to the Secretary for fiscal year 2022, out of
11 any money in the Treasury not otherwise appropriated,
12 to remain available until expended, with respect to improv-
13 ing and modernizing infrastructure at the Food and Drug
14 Administration and enhancing food and medical product
15 safety—
16 (1) $150,000,000 for improving technological
17 infrastructure, including through developing inte-
18 grated systems and improving the interoperability of
19 information technology systems; and
20 (2) $150,000,000 for modernizing laboratory
21 infrastructure of, or used by, the Food and Drug
22 Administration, including modernization of facilities
23 related to, and supporting, such laboratory infra-
24 structure, including through planning for, and the
25 construction, repair, improvement, extension, alter-
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1 ation, demolition, and purchase of, fixed equipment
2 or facilities.
3 PART 3—MATERNAL MORTALITY
4 SEC. 31031. FUNDING FOR LOCAL ENTITIES ADDRESSING
5 SOCIAL DETERMINANTS OF MATERNAL
6 HEALTH.
7 (a) IN GENERAL.—In addition to amounts otherwise
8 available, there is appropriated to the Secretary for fiscal
9 year 2022, out of any money in the Treasury not otherwise
10 appropriated, $100,000,000, to remain available until ex-
11 pended, for carrying out a program to award grants or
12 contracts to community-based organizations, Indian
13 Tribes and Tribal organizations, Urban Indian organiza-
14 tions, Native Hawaiian organizations, or other nonprofit
15 organizations working with a community-based organiza-
16 tion, or consortia of any such entities, operating in areas
17 with high rates of adverse maternal health outcomes or
18 with significant racial or ethnic disparities in maternal
19 health outcomes.
20 (b) USE OF FUNDING.—Amounts made available by
21 subsection (a) shall be used for the following activities:
22 (1) Addressing social determinants of health,
23 including social determinants of maternal health, for
24 pregnant and postpartum individuals and elimi-
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1 nating racial and ethnic disparities in maternal
2 health outcomes by—
3 (A) hiring, training, or retaining staff;
4 (B) developing or distributing culturally
5 and linguistically appropriate resources for so-
6 cial services programs;
7 (C) offering programs and resources to ad-
8 dress social determinants of health;
9 (D) conducting demonstration projects to
10 address social determinants of health;
11 (E) establishing a culturally and linguis-
12 tically appropriate resource center that provides
13 multiple social services programs in a single lo-
14 cation; and
15 (F) consulting with pregnant and
16 postpartum individuals to conduct an assess-
17 ment of the activities conducted under this sec-
18 tion.
19 (2) Promoting evidence-based health literacy
20 and pregnancy, childbirth, and parenting education
21 for pregnant and postpartum individuals, and indi-
22 viduals seeking to become pregnant.
23 (3) Providing support from perinatal health
24 workers, including clinical and community-based
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1 staff members that provide direct care and support
2 services to pregnant and postpartum individuals.
3 (4) Providing culturally congruent, linguistically
4 appropriate, and trauma-informed training to
5 perinatal health workers, including clinical and com-
6 munity-based staff members that provide direct care
7 and support services to pregnant and postpartum in-
8 dividuals.
9 (c) TECHNICAL ASSISTANCE.—Using amounts made
10 available under subsection (a), the Secretary shall—
11 (1) conduct outreach to eligible entities to apply
12 for grants or contracts under subsection (a); and
13 (2) provide technical assistance, including
14 through a grant or contract, to eligible entities re-
15 ceiving funding pursuant to subsection (a).
16 SEC. 31032. FUNDING FOR THE OFFICE OF MINORITY
17 HEALTH.
18 (a) IN GENERAL.—In addition to amounts otherwise
19 available, there is appropriated to the Secretary for fiscal
20 year 2022, out of any money in the Treasury not otherwise
21 appropriated, $75,000,000, to remain available until ex-
22 pended, for carrying out a program to award grants or
23 contracts to community-based organizations operating in
24 areas with high rates of adverse maternal health outcomes
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1 or with significant racial or ethnic disparities in maternal
2 health outcomes.
3 (b) USE OF FUNDS.—The Secretary, acting through
4 the Deputy Assistant Secretary for Minority Health, shall
5 use amounts made available under subsection (a) to award
6 grants for the following activities:
7 (1) Addressing social determinants of health,
8 including social determinants of maternal health, for
9 pregnant and postpartum individuals and elimi-
10 nating racial and ethnic disparities in maternal
11 health outcomes by—
12 (A) hiring, training, or retaining staff;
13 (B) developing or distributing culturally
14 and linguistically appropriate resources for so-
15 cial services programs;
16 (C) offering programs and resources to ad-
17 dress social determinants of health;
18 (D) conducting demonstration projects to
19 address social determinants of health;
20 (E) establishing a culturally and linguis-
21 tically appropriate resource center that provides
22 multiple social services programs in a single lo-
23 cation; and
24 (F) consulting with pregnant and
25 postpartum individuals to conduct an assess-
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1 ment of the activities conducted under this sec-
2 tion.
3 (2) Promoting evidence-based health literacy
4 and pregnancy, childbirth, and parenting education
5 for pregnant and postpartum individuals, and indi-
6 viduals seeking to become pregnant.
7 (3) Providing support from perinatal health
8 workers, including clinical and community-based
9 staff members that provide direct care and support
10 services to pregnant and postpartum individuals.
11 (4) Providing culturally congruent, linguistically
12 appropriate, and trauma-informed training to
13 perinatal health workers, including clinical and com-
14 munity-based staff members that provide direct care
15 and support services to pregnant and postpartum in-
16 dividuals.
17 (c) TECHNICAL ASSISTANCE.—Using amounts made
18 available under subsection (a), the Secretary shall—
19 (1) conduct outreach to eligible entities to apply
20 for grants or contracts under subsection (a); and
21 (2) provide technical assistance, including
22 through a grant or contract, to eligible entities re-
23 ceiving funding pursuant to subsection (a).
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1 SEC. 31033. FUNDING TO GROW AND DIVERSIFY THE NURS-
2 ING WORKFORCE IN MATERNAL AND
3 PERINATAL HEALTH.
4 (a) IN GENERAL.—In addition to amounts otherwise
5 available, there is appropriated to the Secretary for fiscal
6 year 2022, out of any money in the Treasury not otherwise
7 appropriated, $170,000,000, to remain available until ex-
8 pended, for carrying out a program to award grants or
9 contracts to accredited schools of nursing for the purpose
10 of growing and diversifying the perinatal nursing work-
11 force, including through improving the capacity and sup-
12 ply of health care providers.
13 (b) USES OF FUNDS.—
14 (1) AWARDEES.—Prioritizing students and reg-
15 istered nurses who plan to practice or currently
16 practice in an underserved area, amounts made
17 available to awardees by subsection (a) shall, con-
18 sistent with section 846 of the Public Health Service
19 Act (42 U.S.C. 297n), be used for the following ac-
20 tivities:
21 (A) Providing scholarships to students, in-
22 cluding those from racial and ethnic groups
23 underrepresented in the health professions,
24 seeking to become nurse practitioners whose
25 education includes a focus on maternal and
26 perinatal health.
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1 (B) Providing scholarships to students
2 seeking to become clinical nurse specialists
3 whose education includes a focus on maternal
4 and perinatal health.
5 (C) Providing scholarships to students
6 seeking to become certified nurse midwives.
7 (D) Providing scholarships to registered
8 nurses seeking certification as an obstetrics and
9 gynecology registered nurse.
10 (2) SECRETARY.—The Secretary shall use
11 amounts made available pursuant to subsection (a)
12 for the following activities:
13 (A) Developing and implementing strate-
14 gies to recruit and retain a diverse pool of stu-
15 dents seeking to enter careers focused on ma-
16 ternal and perinatal health.
17 (B) Developing partnerships with practice
18 settings in an underserved area for the clinical
19 placements of students at the schools receiving
20 such grants.
21 (C) Developing curriculum for students
22 seeking to enter careers focused on maternal
23 and perinatal health that includes training pro-
24 grams on bias, racism, discrimination, providing
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1 culturally competent care, or trauma-informed
2 care.
3 SEC. 31034. FUNDING FOR PERINATAL QUALITY
4 COLLABORATIVES.
5 In addition to amounts otherwise available, there is
6 appropriated to the Secretary for fiscal year 2022, out of
7 any money in the Treasury not otherwise appropriated,
8 $50,000,000, to remain available until expended, for car-
9 rying out a program to establish or support perinatal qual-
10 ity collaboratives to improve perinatal care and perinatal
11 health outcomes for pregnant and postpartum individuals
12 and their infants.
13 SEC. 31035. FUNDING TO GROW AND DIVERSIFY THE DOULA
14 WORKFORCE.
15 (a) IN GENERAL.—In addition to amounts otherwise
16 available, there is appropriated to the Secretary for fiscal
17 year 2022, out of any money in the Treasury not otherwise
18 appropriated, $50,000,000, to remain available until ex-
19 pended, for carrying out a program to award grants or
20 contracts to health professions schools, academic health
21 centers, State or local governments, territories, Indian
22 Tribes and Tribal organizations, Urban Indian organiza-
23 tions, Native Hawaiian organizations, or other appropriate
24 public or private nonprofit entities (or consortia of any
25 such entities, including entities promoting multidisci-
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1 plinary approaches), to establish or expand programs to
2 grow and diversify the doula workforce, including through
3 improving the capacity and supply of health care pro-
4 viders.
5 (b) USE OF FUNDS.—Amounts made available by
6 subsection (a) shall be used for the following activities:
7 (1) Establishing programs that provide edu-
8 cation and training to individuals seeking appro-
9 priate training or certification as doulas.
10 (2) Expanding the capacity of existing pro-
11 grams described in paragraph (1), for the purpose of
12 increasing the number of students enrolled in such
13 programs, including by awarding scholarships for
14 students who agree to work in underserved commu-
15 nities after receiving such education and training.
16 (3) Developing and implementing strategies to
17 recruit and retain students from underserved com-
18 munities, particularly from demographic groups ex-
19 periencing high rates of maternal mortality and se-
20 vere maternal morbidity, including racial and ethnic
21 minority groups, into programs described in para-
22 graphs (1) and (2).
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1 SEC. 31036. FUNDING TO GROW AND DIVERSIFY THE MA-
2 TERNAL MENTAL HEALTH AND SUBSTANCE
3 USE DISORDER TREATMENT WORKFORCE.
4 (a) IN GENERAL.—In addition to amounts otherwise
5 available, there is appropriated to the Secretary for fiscal
6 year 2022, out of any money in the Treasury not otherwise
7 appropriated, $75,000,000, to remain available until ex-
8 pended, for carrying out a program to award grants or
9 contracts to health professions schools, academic health
10 centers, State or local governments, territories, Indian
11 Tribes and Tribal organizations, Urban Indian organiza-
12 tions, Native Hawaiian organizations, or other appropriate
13 public or private nonprofit entities (or consortia of any
14 such entities, including entities promoting multidisci-
15 plinary approaches), to establish or expand programs to
16 grow and diversify the maternal mental health and sub-
17 stance use disorder treatment workforce, including
18 through improving the capacity and supply of health care
19 providers.
20 (b) USE OF FUNDS.—Amounts made available by
21 subsection (a) shall be used for the following activities:
22 (1) Establishing programs that provide edu-
23 cation and training to individuals seeking appro-
24 priate licensing or certification as mental health or
25 substance use disorder treatment providers who plan
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1 to specialize in maternal mental health conditions or
2 substance use disorders.
3 (2) Expanding the capacity of existing pro-
4 grams described in paragraph (1), for the purposes
5 of increasing the number of students enrolled in
6 such programs, including by awarding scholarships
7 for students.
8 (3) Developing and implementing strategies to
9 recruit and retain students from underserved com-
10 munities into programs described in paragraphs (1)
11 and (2).
12 SEC. 31037. FUNDING FOR MATERNAL MENTAL HEALTH EQ-
13 UITY GRANT PROGRAMS.
14 (a) IN GENERAL.—In addition to amounts otherwise
15 available, there is appropriated to the Secretary for fiscal
16 year 2022, out of any money in the Treasury not otherwise
17 appropriated, $100,000,000, to remain available until ex-
18 pended, for carrying out a program to award grants or
19 contracts to community-based organizations, Indian
20 Tribes and Tribal organizations, Urban Indian organiza-
21 tions, Native Hawaiian organizations, health care pro-
22 viders, accredited medical schools, accredited schools of
23 nursing, teaching hospitals, accredited midwifery pro-
24 grams, physician assistant education programs, residency
25 or fellowship programs, or other nonprofit organizations,
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1 schools, or programs determined appropriate by the Sec-
2 retary, or consortia of any such entities, to address mater-
3 nal mental health conditions and substance use disorders
4 with respect to pregnant, lactating, and postpartum indi-
5 viduals in areas with high rates of adverse maternal health
6 outcomes or with significant racial or ethnic disparities in
7 maternal health outcomes.
8 (b) USE OF FUNDS.—Amounts made available pursu-
9 ant to subsection (a), prioritizing community-based orga-
10 nizations, shall be for the following activities:
11 (1) Establishing or expanding maternity care
12 programs to improve—
13 (A) the integration of mental health and
14 substance use disorder treatment services into
15 primary care settings where pregnant individ-
16 uals regularly receive health care services; and
17 (B) the coordination between such primary
18 care settings and mental health and substance
19 use disorder professionals who treat maternal
20 mental health conditions and substance use dis-
21 orders.
22 (2) Establishing or expanding programs that
23 improve maternal mental health and substance use
24 disorder treatment from the preconception through
25 the postpartum periods, with a focus on individuals
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1 from racial and ethnic minority groups with high
2 rates of maternal mortality and morbidity.
3 (3) Establishing or expanding programs to pre-
4 vent suicide or self-harm among pregnant, lactating,
5 and postpartum individuals.
6 (4) Establishing or expanding programs to pro-
7 vide education and training to maternity care pro-
8 viders, with respect to identifying potential warning
9 signs for maternal mental health conditions or sub-
10 stance use disorders in pregnant, lactating, and
11 postpartum individuals, with a focus on individuals
12 from racial and ethnic minority groups and offering
13 referrals to mental health substance use disorder
14 treatment professionals.
15 (5) Raising awareness of, and addressing stig-
16 ma associated with, maternal mental health condi-
17 tions and substance use disorders, with a focus on
18 pregnant, lactating, and postpartum individuals
19 from racial and ethnic minority groups.
20 (6) Carrying out other evidence-based or evi-
21 dence-informed programs to address maternal men-
22 tal health conditions and substance use disorders for
23 pregnant and postpartum individuals from racial
24 and ethnic minority groups.
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1 SEC. 31038. FUNDING FOR EDUCATION AND TRAINING AT
2 HEALTH PROFESSIONS SCHOOLS TO IDEN-
3 TIFY AND ADDRESS HEALTH RISKS ASSOCI-
4 ATED WITH CLIMATE CHANGE.
5 (a) IN GENERAL.—In addition to amounts otherwise
6 available, there is appropriated to the Secretary for fiscal
7 year 2022, out of any money in the Treasury not otherwise
8 appropriated, $85,000,000, to remain available until ex-
9 pended, for carrying out a program to award grants or
10 contracts to accredited medical schools, accredited schools
11 of nursing, teaching hospitals, accredited midwifery pro-
12 grams, physician assistant education programs, residency
13 or fellowship programs, or other schools or programs de-
14 termined appropriate by the Secretary, or consortia of any
15 such entities, to support the development and integration
16 of education and training programs for identifying and ad-
17 dressing health risks associated with climate change for
18 pregnant, lactating, and postpartum individuals.
19 (b) USE OF FUNDS.—Amounts made available by
20 subsection (a) shall be used for developing, integrating,
21 and implementing curriculum and continuing education
22 that focuses on the following:
23 (1) Identifying health risks associated with cli-
24 mate change for pregnant, lactating, and
25 postpartum individuals and individuals with the in-
26 tent to become pregnant.
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1 (2) How health risks associated with climate
2 change affect pregnant, lactating, and postpartum
3 individuals and individuals with the intent to become
4 pregnant.
5 (3) Racial and ethnic disparities in exposure to,
6 and the effects of, health risks associated with cli-
7 mate change for pregnant, lactating, and
8 postpartum individuals and individuals with the in-
9 tent to become pregnant.
10 (4) Patient counseling and mitigation strategies
11 relating to health risks associated with climate
12 change for pregnant, lactating, and postpartum indi-
13 viduals.
14 (5) Relevant services and support for pregnant,
15 lactating, and postpartum individuals relating to
16 health risks associated with climate change and
17 strategies for ensuring such individuals have access
18 to such services and support.
19 (6) Implicit and explicit bias, racism, and dis-
20 crimination in providing care to pregnant, lactating,
21 and postpartum individuals and individuals with the
22 intent to become pregnant.
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1 SEC. 31039. FUNDING FOR MINORITY-SERVING INSTITU-
2 TIONS TO STUDY MATERNAL MORTALITY, SE-
3 VERE MATERNAL MORBIDITY, AND ADVERSE
4 MATERNAL HEALTH OUTCOMES.
5 (a) IN GENERAL.—In addition to amounts otherwise
6 available, there is appropriated to the Secretary for fiscal
7 year 2022, out of any money in the Treasury not otherwise
8 appropriated, $50,000,000, to remain available until ex-
9 pended for carrying out a program to award grants or con-
10 tracts to minority-serving institutions described in section
11 371 of the Higher Education Act of 1965 (20 U.S.C.
12 1067q) to study maternal mortality, severe maternal mor-
13 bidity, and maternal health outcomes.
14 (b) USE OF FUNDS.—Amounts made available to an
15 awardee under subsection (a) shall be used for the purpose
16 specified in such subsection, including the following activi-
17 ties:
18 (1) Developing and implementing systematic
19 processes of listening to the stories of pregnant and
20 postpartum individuals from racial and ethnic mi-
21 nority groups, and perinatal health workers sup-
22 porting such individuals, to fully understand the
23 causes of, and inform potential solutions to, the ma-
24 ternal mortality and severe maternal morbidity crisis
25 within their respective communities.
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1 (2) Assessing the potential causes of relatively
2 low rates of maternal mortality among Hispanic in-
3 dividuals and foreign-born Black women.
4 (3) Assessing differences in rates of adverse
5 maternal health outcomes among subgroups identi-
6 fying as Hispanic.
7 (4) Conducting research on maternal morbidity
8 and mortality, with a focus on health disparities.
9 (c) TECHNICAL ASSISTANCE.—Using amounts made
10 available by subsection (a), the Secretary shall conduct
11 outreach to minority-serving institutions (as described in
12 section 371 of the Higher Education Act of 1965 (20
13 U.S.C. 1067q))—
14 (1) to inform and raise awareness of the avail-
15 ability funding through a grant or contract awarded
16 pursuant to this section;
17 (2) to provide technical assistance, including
18 through a grant or contract, on the application proc-
19 ess for grants or contracts awarded pursuant to sub-
20 section (a); and
21 (3) to promote capacity building to eligible enti-
22 ties for grant applications pursuant to subsection
23 (a).
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1 SEC. 31040. FUNDING FOR IDENTIFICATION OF MATERNITY
2 CARE HEALTH PROFESSIONAL TARGET
3 AREAS.
4 In addition to amounts otherwise available, there is
5 appropriated to the Secretary for fiscal year 2022, out of
6 any money in the Treasury not otherwise appropriated,
7 $25,000,000, to remain available until expended, for car-
8 rying out section 332(k) of the Public Health Service Act
9 (42 U.S.C. 254e(k)).
10 SEC. 31041. FUNDING FOR MATERNAL MORTALITY REVIEW
11 COMMITTEES TO PROMOTE REPRESENTA-
12 TIVE COMMUNITY ENGAGEMENT.
13 In addition to amounts otherwise available, there is
14 appropriated to the Secretary for fiscal year 2022, out of
15 any money in the Treasury not otherwise appropriated,
16 $50,000,000, to remain available until expended, for car-
17 rying out section 317K(d) of the Public Health Service
18 Act (42 U.S.C. 247b–12(d)) to promote community en-
19 gagement in maternal mortality review committees to in-
20 crease the diversity of a committee’s membership with re-
21 spect to race and ethnicity, location, and professional
22 background.
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1 SEC. 31042. FUNDING FOR THE SURVEILLANCE FOR
2 EMERGING THREATS TO MOTHERS AND BA-
3 BIES.
4 (a) IN GENERAL.—In addition to amounts otherwise
5 available, there is appropriated to the Secretary for fiscal
6 year 2022, out of any money in the Treasury not otherwise
7 appropriated, $100,000,000, to remain available until ex-
8 pended, for carrying out section 317C of the Public Health
9 Service Act (42 U.S.C. 247b–4) with respect to conducting
10 surveillance for emerging threats to mothers and babies.
11 (b) USE OF FUNDS.—Amounts made available by
12 subsection (a) shall be used for the following activities:
13 (1) Expanding the Surveillance for Emerging
14 Threats to Mothers and Babies activities of the Cen-
15 ters for Disease Control and Prevention.
16 (2) Working with public health, clinical, and
17 community-based organizations to provide timely,
18 continually updated, evidence-based guidance to fam-
19 ilies and health care providers on ways to reduce
20 risk to pregnant and postpartum individuals and
21 their newborns and tailor interventions to improve
22 their long-term health.
23 (3) Partnering with more State, Tribal, terri-
24 torial, and local public health programs in the collec-
25 tion and analysis of clinical data on the impact of
26 COVID–19 on pregnant and postpartum patients
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1 and their newborns, particularly among patients
2 from racial and ethnic minority groups.
3 (4) Establishing regionally based centers of ex-
4 cellence to offer medical, public health, and other
5 knowledge (in coordination with State and Tribal
6 public health authorities) to ensure that commu-
7 nities, especially communities with large populations
8 of individuals from racial and ethnic minority
9 groups, can help pregnant and postpartum individ-
10 uals and newborns get the care and support they
11 need.
12 SEC. 31043. FUNDING FOR ENHANCING REVIEWS AND SUR-
13 VEILLANCE TO ELIMINATE MATERNAL MOR-
14 TALITY PROGRAM.
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