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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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Congressional materials
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Bills Bills 117Hr5376Eh Bills 117Hr5376Eh
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Bills Bills 117Hr5376Eh Bills 117Hr5376Eh

Cite this document

“Bill — H.R. 5376, An Act To Provide for Reconciliation (House).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5376eh-bills-117hr5376eh/, SHA-256 94dd03041b9bdaa44fb5e6b59930083f39fea94b48e269e4b319cb58da8a2d20.

Full text

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-


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                              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
                                4
 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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                              5
 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;


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                               6
 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
                              7
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


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                              8
 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).




     •HR 5376 EH
                               9
 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
                              10
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
                              11
 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
                             12
 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
                             13
 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
                                14
 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
                              15
 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
                            16
 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
                              17
 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
                                19
 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
                               20
 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.




     •HR 5376 EH
                             25
 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,



      •HR 5376 EH
                              26
 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.


      •HR 5376 EH
                                   27
 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


      •HR 5376 EH
                               28
 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
                              29
 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
                               30
 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
                              31
 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
                              32
 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
                               33
 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
                               34
 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
                               35
 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
                               36
 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
                                39
 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
                               40
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


      •HR 5376 EH
                              48
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


     •HR 5376 EH
                                49
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-


     •HR 5376 EH
                             50
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;




     •HR 5376 EH
                             51
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;




     •HR 5376 EH
                              52
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


     •HR 5376 EH
                                53
 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


       •HR 5376 EH
                               54
 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-




      •HR 5376 EH
                               55
 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-




      •HR 5376 EH
                            56
 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.


     •HR 5376 EH
                             57
 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.—




      •HR 5376 EH
                                 58
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




     •HR 5376 EH
                              59
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


     •HR 5376 EH
                                60
 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)—


      •HR 5376 EH
                                 61
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


     •HR 5376 EH
                                62
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




     •HR 5376 EH
                              63
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




     •HR 5376 EH
                                64
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;


     •HR 5376 EH
                               65
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—




     •HR 5376 EH
                              66
 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)—




     •HR 5376 EH
                               67
 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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                              86
 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)—




     •HR 5376 EH
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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


     •HR 5376 EH
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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;




     •HR 5376 EH
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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,


     •HR 5376 EH
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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


     •HR 5376 EH
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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-


     •HR 5376 EH
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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


     •HR 5376 EH
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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)).




     •HR 5376 EH
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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


     •HR 5376 EH
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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


     •HR 5376 EH
                             179
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




     •HR 5376 EH
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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-


     •HR 5376 EH
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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



      •HR 5376 EH
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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—




     •HR 5376 EH
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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—




     •HR 5376 EH
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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-


     •HR 5376 EH
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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




     •HR 5376 EH
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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).


     •HR 5376 EH
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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




     •HR 5376 EH
                             191
 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


     •HR 5376 EH
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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).




     •HR 5376 EH
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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;




     •HR 5376 EH
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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


     •HR 5376 EH
                               195
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


     •HR 5376 EH
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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


     •HR 5376 EH
                             197
 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


     •HR 5376 EH
                            198
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.


     •HR 5376 EH
                         199
 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


     •HR 5376 EH
                               200
 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-


     •HR 5376 EH
                             201
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


     •HR 5376 EH
                              202
 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-


     •HR 5376 EH
                               203
 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


     •HR 5376 EH
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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


     •HR 5376 EH
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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




     •HR 5376 EH
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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).




     •HR 5376 EH
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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-


     •HR 5376 EH
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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:




     •HR 5376 EH
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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




     •HR 5376 EH
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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


     •HR 5376 EH
                   214
 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


     •HR 5376 EH
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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-


     •HR 5376 EH
                          216
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).


     •HR 5376 EH
                        217
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);


     •HR 5376 EH
                             218
 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.—


     •HR 5376 EH
                              219
 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


     •HR 5376 EH
                             220
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-


     •HR 5376 EH
                            221
 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.


     •HR 5376 EH
                             222
 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




     •HR 5376 EH
                              223
 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.




     •HR 5376 EH
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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




     •HR 5376 EH
                                225
 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,


     •HR 5376 EH
                              226
 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



      •HR 5376 EH
                              227
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-


     •HR 5376 EH
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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


     •HR 5376 EH
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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-




     •HR 5376 EH
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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-




     •HR 5376 EH
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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


     •HR 5376 EH
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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


     •HR 5376 EH
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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)


     •HR 5376 EH
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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


     •HR 5376 EH
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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




     •HR 5376 EH
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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.




     •HR 5376 EH
                               245
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—




     •HR 5376 EH
                         246
 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;




     •HR 5376 EH
                        247
 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


     •HR 5376 EH
                              248
 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;




     •HR 5376 EH
                                 249
 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


     •HR 5376 EH
                              250
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-


     •HR 5376 EH
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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


      •HR 5376 EH
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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




     •HR 5376 EH
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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




     •HR 5376 EH
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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


     •HR 5376 EH
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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


     •HR 5376 EH
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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


      •HR 5376 EH
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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


     •HR 5376 EH
                             272
 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




     •HR 5376 EH
                             273
 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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                             274
 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,


     •HR 5376 EH
                                289
 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


     •HR 5376 EH
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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


     •HR 5376 EH
                              296
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




     •HR 5376 EH
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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


     •HR 5376 EH
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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


     •HR 5376 EH
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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




     •HR 5376 EH
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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


      •HR 5376 EH
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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


     •HR 5376 EH
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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.


     •HR 5376 EH
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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
      •HR 5376 EH
                               308
 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


      •HR 5376 EH
                            309
 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—




      •HR 5376 EH
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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.


      •HR 5376 EH
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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:


     •HR 5376 EH
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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’’,


     •HR 5376 EH
                               315
 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-


      •HR 5376 EH
                              316
 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.


     •HR 5376 EH
                              317
 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




      •HR 5376 EH
                                       318
 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


     •HR 5376 EH
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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;




     •HR 5376 EH
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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;


     •HR 5376 EH
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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-


     •HR 5376 EH
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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-


     •HR 5376 EH
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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-



     •HR 5376 EH
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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.


     •HR 5376 EH
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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.


      •HR 5376 EH
                                330
 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,




      •HR 5376 EH
                              331
 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).




     •HR 5376 EH
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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;


      •HR 5376 EH
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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.


      •HR 5376 EH
                                 334
 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




     •HR 5376 EH
                             335
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


     •HR 5376 EH
                              336
 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-


      •HR 5376 EH
                            337
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


     •HR 5376 EH
                            338
 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,


     •HR 5376 EH
                             339
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


     •HR 5376 EH
                               340
 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




     •HR 5376 EH
                              341
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



      •HR 5376 EH
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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-




     •HR 5376 EH
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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


     •HR 5376 EH
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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




     •HR 5376 EH
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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


     •HR 5376 EH
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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-


     •HR 5376 EH
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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-


     •HR 5376 EH
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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


     •HR 5376 EH
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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


     •HR 5376 EH
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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-




     •HR 5376 EH
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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.


     •HR 5376 EH
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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:




      •HR 5376 EH
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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—
      •HR 5376 EH
                               397
 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


      •HR 5376 EH
                             398
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


     •HR 5376 EH
                               399
 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


     •HR 5376 EH
                              400
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


     •HR 5376 EH
                                 401
 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


     •HR 5376 EH
                             402
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;


     •HR 5376 EH
                                     403
 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.


     •HR 5376 EH
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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.—



     •HR 5376 EH
                                 405
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-


     •HR 5376 EH
                                 406
 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—


     •HR 5376 EH
                                 407
 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—


     •HR 5376 EH
                            408
 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


     •HR 5376 EH
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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


     •HR 5376 EH
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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




     •HR 5376 EH
                                415
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—


     •HR 5376 EH
                             418
 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—


     •HR 5376 EH
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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;




     •HR 5376 EH
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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.


     •HR 5376 EH
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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




     •HR 5376 EH
                              423
 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.—


     •HR 5376 EH
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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-
       •HR 5376 EH
                             425
 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.


      •HR 5376 EH
                             426
 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).




      •HR 5376 EH
                               427
 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




      •HR 5376 EH
                             428
 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.




      •HR 5376 EH
                              429
 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-


      •HR 5376 EH
                            430
 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


     •HR 5376 EH
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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


     •HR 5376 EH
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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;




     •HR 5376 EH
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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


      •HR 5376 EH
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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;




      •HR 5376 EH
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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
      •HR 5376 EH
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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—




      •HR 5376 EH
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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


     •HR 5376 EH
                                443
 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).’’.




     •HR 5376 EH
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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
      •HR 5376 EH
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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,


      •HR 5376 EH
                             446
 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


      •HR 5376 EH
                               447
 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


      •HR 5376 EH
                              448
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—




     •HR 5376 EH
                                449
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


     •HR 5376 EH
                                    450
 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,


      •HR 5376 EH
                              451
 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


     •HR 5376 EH
                            452
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,


      •HR 5376 EH
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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—




      •HR 5376 EH
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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;


      •HR 5376 EH
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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)—


      •HR 5376 EH
                              465
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-


     •HR 5376 EH
                              466
 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.




     •HR 5376 EH
                             467
 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


     •HR 5376 EH
                             468
 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:




     •HR 5376 EH
                              469
 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)—




      •HR 5376 EH
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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-




     •HR 5376 EH
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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


     •HR 5376 EH
                             472
 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


     •HR 5376 EH
                              474
 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,


     •HR 5376 EH
                               475
 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


     •HR 5376 EH
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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-


      •HR 5376 EH
                              477
 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,


      •HR 5376 EH
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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.




     •HR 5376 EH
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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.


     •HR 5376 EH
                                   483
 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—




     •HR 5376 EH
                              485
 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


     •HR 5376 EH
                              486
 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


      •HR 5376 EH
                            487
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.’’.




     •HR 5376 EH
                                 488
 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-


      •HR 5376 EH
                              489
 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.




     •HR 5376 EH
                              490
 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-




      •HR 5376 EH
                                491
 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


     •HR 5376 EH
                                 492
 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).’’.


     •HR 5376 EH
                                493
 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
      •HR 5376 EH
                            494
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—




     •HR 5376 EH
                             495
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;




     •HR 5376 EH
                             496
 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


     •HR 5376 EH
                             497
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—




     •HR 5376 EH
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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


     •HR 5376 EH
                             499
 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.


     •HR 5376 EH
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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-


     •HR 5376 EH
                            501
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


     •HR 5376 EH
                             502
 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-




     •HR 5376 EH
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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




     •HR 5376 EH
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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




     •HR 5376 EH
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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-


     •HR 5376 EH
                             507
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).




     •HR 5376 EH
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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.




      •HR 5376 EH
                              509
 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-


      •HR 5376 EH
                              510
 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—


      •HR 5376 EH
                               511
 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


     •HR 5376 EH
                              512
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


     •HR 5376 EH
                              513
 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.


     •HR 5376 EH
                             514
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.




     •HR 5376 EH
                               515
 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,
      •HR 5376 EH
                            516
 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


     •HR 5376 EH
                             517
 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.—


      •HR 5376 EH
                             518
 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


     •HR 5376 EH
                              519
 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-


     •HR 5376 EH
                               520
 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.




     •HR 5376 EH
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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-


     •HR 5376 EH
                             524
 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


     •HR 5376 EH
                              525
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-


     •HR 5376 EH
                             526
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).




     •HR 5376 EH
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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-


     •HR 5376 EH
                            528
 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,




     •HR 5376 EH
                               529
 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-


      •HR 5376 EH
                             530
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


     •HR 5376 EH
                              531
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


     •HR 5376 EH
                            532
 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-


     •HR 5376 EH
                             533
 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-


     •HR 5376 EH
                            534
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


     •HR 5376 EH
                                 535
 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;


     •HR 5376 EH
                                536
 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-




     •HR 5376 EH
                              537
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-


     •HR 5376 EH
                                538
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


     •HR 5376 EH
                        539
 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




     •HR 5376 EH
                             540
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.


     •HR 5376 EH
                             541
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.


     •HR 5376 EH
                             542
 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


     •HR 5376 EH
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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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                               550
 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-


     •HR 5376 EH
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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


     •HR 5376 EH
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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



     •HR 5376 EH
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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


     •HR 5376 EH
                                558
 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


      •HR 5376 EH
                               560
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.




     •HR 5376 EH
                              561
 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


     •HR 5376 EH
                              563
 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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                         564
 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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                                 565
 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


     •HR 5376 EH
                                 567
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




     •HR 5376 EH
                             568
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


     •HR 5376 EH
                                 569
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


     •HR 5376 EH
                                     570
 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


     •HR 5376 EH
                             571
 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




     •HR 5376 EH
                             572
 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.—



     •HR 5376 EH
                              573
 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


     •HR 5376 EH
                             574
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


     •HR 5376 EH
                             575
 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
                            576
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.




     •HR 5376 EH
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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:


      •HR 5376 EH
                              578
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.—




     •HR 5376 EH
                             579
 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-


     •HR 5376 EH
                             580
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.




     •HR 5376 EH
                                581
 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,


     •HR 5376 EH
                                582
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




     •HR 5376 EH
                                583
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


     •HR 5376 EH
                               584
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.




     •HR 5376 EH
                              585
 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


     •HR 5376 EH
                              586
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.




     •HR 5376 EH
                              587
 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-


     •HR 5376 EH
                             588
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.


     •HR 5376 EH
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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,




     •HR 5376 EH
                              590
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,


     •HR 5376 EH
                                591
 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)—




      •HR 5376 EH
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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:


     •HR 5376 EH
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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;’’;


     •HR 5376 EH
                                  594
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;


     •HR 5376 EH
                                595
 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—




     •HR 5376 EH
                             596
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




     •HR 5376 EH
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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—


     •HR 5376 EH
                             598
 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


     •HR 5376 EH
                                  599
 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.’’.




     •HR 5376 EH
                               600
 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;
      •HR 5376 EH
                              601
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


     •HR 5376 EH
                               602
 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’’;




      •HR 5376 EH
                                603
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;




     •HR 5376 EH
                              604
 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-


      •HR 5376 EH
                             605
 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




      •HR 5376 EH
                               606
 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,




     •HR 5376 EH
                             607
 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




     •HR 5376 EH
                               608
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-


      •HR 5376 EH
                                609
 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-




     •HR 5376 EH
                              610
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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                              614
 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—




     •HR 5376 EH
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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


      •HR 5376 EH
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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


      •HR 5376 EH
                                617
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


      •HR 5376 EH
                              618
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-


     •HR 5376 EH
                                    619
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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                             620
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


     •HR 5376 EH
                              621
 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


      •HR 5376 EH
                             622
 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-


      •HR 5376 EH
                            623
 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


     •HR 5376 EH
                              624
 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’’;


      •HR 5376 EH
                         625
 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).




     •HR 5376 EH
                              626
 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


     •HR 5376 EH
                               627
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


     •HR 5376 EH
                               628
 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’’.




     •HR 5376 EH
                              629
 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


     •HR 5376 EH
                                 630
 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


     •HR 5376 EH
                              631
 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-




     •HR 5376 EH
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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


     •HR 5376 EH
                               634
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


     •HR 5376 EH
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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)


     •HR 5376 EH
                                  636
 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




      •HR 5376 EH
                              637
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




     •HR 5376 EH
                                   638
 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


     •HR 5376 EH
                             640
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



     •HR 5376 EH
                              641
 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;




     •HR 5376 EH
                              642
 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.




     •HR 5376 EH
                               643
 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




     •HR 5376 EH
                                  644
 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-


      •HR 5376 EH
                              645
 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




      •HR 5376 EH
                             647
 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




      •HR 5376 EH
                           648
 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.




     •HR 5376 EH
                               649
 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;


      •HR 5376 EH
                              650
 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


      •HR 5376 EH
                             651
 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.




     •HR 5376 EH
                                652
 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;




     •HR 5376 EH
                                653
 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.


      •HR 5376 EH
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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:


      •HR 5376 EH
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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)).




     •HR 5376 EH
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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


      •HR 5376 EH
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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-


      •HR 5376 EH
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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;


     •HR 5376 EH
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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-




     •HR 5376 EH
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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




     •HR 5376 EH
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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),


      •HR 5376 EH
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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


     •HR 5376 EH
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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,


      •HR 5376 EH
                              666
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.




     •HR 5376 EH
                              667
 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


      •HR 5376 EH
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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-


      •HR 5376 EH
                             669
 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


      •HR 5376 EH
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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




      •HR 5376 EH
                              671
 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
                                672
 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).


      •HR 5376 EH
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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-


      •HR 5376 EH
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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-


      •HR 5376 EH
                             675
 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,


     •HR 5376 EH
                             676
 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-


      •HR 5376 EH
                               677
 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-




      •HR 5376 EH
                                678
 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




     •HR 5376 EH
                                679
 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




      •HR 5376 EH
                               680
 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-


      •HR 5376 EH
                                681
 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).




      •HR 5376 EH
                                682
 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.
      •HR 5376 EH
                              683
 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




     •HR 5376 EH
                                   684
 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-


      •HR 5376 EH
                              685
 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).




     •HR 5376 EH
                             686
 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


      •HR 5376 EH
                             687
 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,


      •HR 5376 EH
                               688
 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


      •HR 5376 EH
                            689
 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.




     •HR 5376 EH
                               690
 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.
      •HR 5376 EH
                              691
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.




     •HR 5376 EH
                               692
 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.


      •HR 5376 EH
                               693
 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).




      •HR 5376 EH
                               694
 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.




      •HR 5376 EH
                                695
 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
      •HR 5376 EH
                             696
 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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