H.R. 5376 — Act to provide for reconciliation pursuant to title II of S. Con. Res. 14
Summary
House bill 5376 is an Act to provide for reconciliation pursuant to title II, shown as received in the Senate on August 2, 2022, read the first time August 3, 2022, and placed on the calendar as Calendar No. 464. Title I, Committee on Agriculture, opens with definitions in Section 10001, including terms for ‘‘insular area’’ and ‘‘Secretary’’. Section 11001 of Subtitle B, Forestry, appropriates $10,000,000,000 for hazardous fuels reduction projects on National Forest System land within the wildland-urban interface, and $4,000,000,000 for projects outside that interface that are planned to protect at-risk communities. The text also contains grant provisions of $1,000,000,000, $250,000,000 and $175,000,000 for wildfire protection and recovery, and provisions on preschool services.
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Cite this document
“H.R. 5376 — Act to provide for reconciliation pursuant to title II of S. Con. Res. 14.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5376pcs-bills-117hr5376pcs/
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II
Calendar No. 464
117TH CONGRESS
2D SESSION
H. R. 5376
IN THE SENATE OF THE UNITED STATES
AUGUST 2, 2022
Received; read the first time
AUGUST 3, 2022
Read the second time and placed on the calendar
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,
3 TITLE I—COMMITTEE ON
4 AGRICULTURE
5 Subtitle A—General Provisions
6 SECTION 10001. DEFINITIONS.
7 In this title:
8 (1) The term ‘‘insular area’’ has the meaning
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9 given such term in section 1404 of the National Ag-
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2
1 ricultural Research, Extension, and Teaching Policy
2 Act of 1977 (7 U.S.C. 3103).
3 (2) The term ‘‘Secretary’’ means the Secretary
4 of Agriculture.
5 Subtitle B—Forestry
6 SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND
7 FUELS REDUCTION PROJECTS.
8 (a) APPROPRIATIONS.—In addition to amounts other-
9 wise available, there are appropriated to the Secretary for
10 fiscal year 2022, out of any money in the Treasury not
11 otherwise appropriated, to remain available until Sep-
12 tember 30, 2031—
13 (1) $10,000,000,000 for hazardous fuels reduc-
14 tion projects on National Forest System land within
15 the wildland-urban interface;
16 (2) $4,000,000,000 for, on a determination
17 made solely by the Secretary that hazardous fuels
18 reduction projects within the wildland-urban inter-
19 face described in paragraph (1) have been planned
20 to protect, to the extent practicable, at-risk commu-
21 nities, hazardous fuels reduction projects on Na-
22 tional Forest System land outside the wildland-
23 urban interface that are—
24 (A) primarily noncommercial in nature,
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25 provided that, in accordance with the best avail-
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1 able science, the harvest of merchantable mate-
2 rials shall be ecologically appropriate for res-
3 toration and to enhance ecological health and
4 function, and any sale of merchantable mate-
5 rials under this paragraph shall be limited to
6 small diameter trees or biomass that are a by-
7 product of hazardous fuel reduction projects;
8 (B) collaboratively developed; and
9 (C) carried out in a manner that enhances
10 the ecological integrity and achieves the restora-
11 tion of a forest ecosystem; maximizes the reten-
12 tion of old-growth and large trees, as appro-
13 priate for the forest type; and prioritizes pre-
14 scribed fire as the primary means to achieve
15 modified wildland fire behavior;
16 (3) $1,000,000,000 for vegetation management
17 projects carried out solely on National Forest Sys-
18 tem land that the Secretary shall select following the
19 receipt of proposals submitted in accordance with
20 subsections (a), (b), and (c) of section 4003 of the
21 Omnibus Public Land Management Act of 2009 (16
22 U.S.C. 7303);
23 (4) $400,000,000 for vegetation management
24 projects on National Forest System land carried out
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25 in accordance with a water source management plan
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1 or a watershed protection and restoration action
2 plan;
3 (5) $400,000,000 for vegetation management
4 projects on National Forest System land that—
5 (A) maintain, or contribute toward the res-
6 toration of, reference old growth characteristics,
7 including structure, composition, function, and
8 connectivity;
9 (B) prioritize small diameter trees and pre-
10 scribed fire to modify fire behavior; and
11 (C) maximize the retention of large trees,
12 as appropriate for the forest type;
13 (6) $450,000,000 for the Legacy Roads and
14 Trails program of the Forest Service;
15 (7) $350,000,000 for National Forest System
16 land management planning and monitoring,
17 prioritized on the assessment of watershed, ecologi-
18 cal, and carbon conditions on National Forest Sys-
19 tem land and the revision and amendment of older
20 land management plans that present opportunities
21 to protect, maintain, restore, and monitor ecological
22 integrity, ecological conditions for at-risk species,
23 and carbon storage;
24 (8) $100,000,000 for maintenance of trails on
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25 National Forest System land, with a priority on
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1 trails that provide to underserved communities ac-
2 cess to National Forest System land;
3 (9) $100,000,000 for capital maintenance and
4 improvements on National Forest System land, with
5 a priority on maintenance level 3, 4, and 5 roads
6 and improvements that restore ecological integrity
7 and conditions for at-risk species;
8 (10) $100,000,000 to provide for more efficient
9 and more effective environmental reviews by the
10 Chief of the Forest Service in satisfying the obliga-
11 tions of the Chief of the Forest Service under the
12 National Environmental Policy Act of 1969 (42
13 U.S.C. 4321 through 4370m–12);
14 (11) $50,000,000 to develop and carry out ac-
15 tivities and tactics for the protection of older and
16 mature forests on National Forest System land, in-
17 cluding completing an inventory of older and mature
18 forests within the National Forest System;
19 (12) $50,000,000 to develop and carry out ac-
20 tivities and tactics for the maintenance and restora-
21 tion of habitat conditions necessary for the protec-
22 tion and recovery of at-risk species on National For-
23 est System land;
24 (13) $50,000,000 to carry out post-fire recovery
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25 plans on National Forest System land that empha-
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1 size the use of locally adapted native plant materials
2 to restore the ecological integrity of disturbed areas
3 and do not include salvage logging; and
4 (14) $50,000,000 to develop and carry out non-
5 lethal activities and tactics to reduce human-wildlife
6 conflicts on National Forest System land.
7 (b) PRIORITY FOR FUNDING.—For projects described
8 in paragraphs (1) through (5) of subsection (a), the Sec-
9 retary shall prioritize for implementation projects—
10 (1) for which an environmental assessment or
11 an environmental impact statement required under
12 the National Environmental Policy Act of 1969 (42
13 U.S.C. 4321 through 4370m–12) has been com-
14 pleted;
15 (2) that are collaboratively developed; or
16 (3) that include opportunities to restore sus-
17 tainable recreation infrastructure or access or ac-
18 complish other recreation outcomes on National For-
19 est System lands, if the opportunities are compatible
20 with the primary restoration purposes of the project.
21 (c) LIMITATIONS.—None of the funds made available
22 by this section may be used for any activity—
23 (1) conducted in a wilderness area or wilderness
24 study area;
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1 (2) that includes the construction of a perma-
2 nent road or permanent trail;
3 (3) that includes the construction of a tem-
4 porary road, except in the case of a temporary road
5 that is decommissioned by the Secretary not later
6 than 3 years after the earlier of—
7 (A) the date on which the temporary road
8 is no longer needed; and
9 (B) the date on which the project for
10 which the temporary road was constructed is
11 completed;
12 (4) inconsistent with the applicable land man-
13 agement plan;
14 (5) inconsistent with the prohibitions of the rule
15 of the Forest Service entitled ‘‘Special Areas;
16 Roadless Area Conservation’’ (66 Fed. Reg. 3244
17 (January 12, 2001)), as modified by subparts C and
18 D of part 294 of title 36, Code of Federal Regula-
19 tions; or
20 (6) carried out on any land that is not National
21 Forest System land, including other forested land on
22 Federal, State, Tribal, or private land.
23 (d) DEFINITIONS.—In this section:
24 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk
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25 community’’ has the meaning given the term in sec-
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1 tion 101 of the Healthy Forests Restoration Act of
2 2003 (16 U.S.C. 6511).
3 (2) COLLABORATIVELY DEVELOPED.—The term
4 ‘‘collaboratively developed’’ means, with respect to a
5 project located exclusively on National Forest Sys-
6 tem land, that the project is developed and imple-
7 mented through a collaborative process that—
8 (A) includes multiple interested persons
9 representing diverse interests, except such per-
10 sons shall not be employed by the Federal gov-
11 ernment or be representatives of foreign enti-
12 ties; and
13 (B)(i) is transparent and nonexclusive; or
14 (ii) meets the requirements for a resource
15 advisory committee under subsections (c)
16 through (f) of section 205 of the Secure Rural
17 Schools and Community Self-Determination Act
18 of 2000 (16 U.S.C. 7125).
19 (3) DECOMMISSION.—The term ‘‘decommis-
20 sion’’ means, with respect to a road—
21 (A) reestablishing native vegetation on the
22 road;
23 (B) restoring any natural drainage, water-
24 shed function, or other ecological processes that
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25 were disrupted or adversely impacted by the
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1 road by removing or hydrologically dis-
2 connecting the road prism and reestablishing
3 stable slope contours; and
4 (C) effectively blocking the road to vehic-
5 ular traffic, where feasible.
6 (4) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
7 logical integrity’’ has the meaning given the term in
8 section 219.19 of title 36, Code of Federal Regula-
9 tions (as in effect on the date of enactment of this
10 Act).
11 (5) HAZARDOUS FUELS REDUCTION
12 PROJECT.—The term ‘‘hazardous fuels reduction
13 project’’ means an activity, including the use of pre-
14 scribed fire, to protect structures and communities
15 from wildfire that is carried out on National Forest
16 System land.
17 (6) RESTORATION.—The term ‘‘restoration’’
18 has the meaning given the term in section 219.19 of
19 title 36, Code of Federal Regulations (as in effect on
20 the date of enactment of this Act).
21 (7) VEGETATION MANAGEMENT PROJECT.—The
22 term ‘‘vegetation management project’’ means an ac-
23 tivity carried out on National Forest System land to
24 enhance the ecological integrity and achieve the res-
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25 toration of a forest ecosystem through the removal
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1 of vegetation, the use of prescribed fire, the restora-
2 tion of aquatic habitat, or the decommissioning of an
3 unauthorized, temporary, or system road.
4 (8) WATER SOURCE MANAGEMENT PLAN.—The
5 term ‘‘water source management plan’’ means a plan
6 developed under section 303(d)(1) of the Healthy
7 Forests Restoration Act of 2003 (16 U.S.C.
8 6542(d)(1)).
9 (9) WATERSHED PROTECTION AND RESTORA-
10 TION ACTION PLAN.—The term ‘‘watershed protec-
11 tion and restoration action plan’’ means a plan de-
12 veloped under section 304(a)(3) of the Healthy For-
13 ests Restoration Act of 2003 (16 U.S.C.
14 6543(a)(3)).
15 (10) WILDLAND-URBAN INTERFACE.—The term
16 ‘‘wildland-urban interface’’ has the meaning given
17 the term in section 101 of the Healthy Forests Res-
18 toration Act of 2003 (16 U.S.C. 6511).
19 (e) 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.
24 (f) COST-SHARING REQUIREMENT.— Any partner-
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25 ship agreements, including cooperative agreements and
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1 mutual interest agreements, using funds made available
2 under this section shall be subject to a non-Federal cost-
3 share requirement of not less than 20 percent of the
4 project cost, which may be waived at the discretion of the
5 Secretary.
6 SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION
7 AND FUELS REDUCTION PROJECTS AND RE-
8 SEARCH.
9 (a) APPROPRIATIONS.—In addition to amounts other-
10 wise available, there are appropriated to the Secretary for
11 fiscal year 2022, out of any money in the Treasury not
12 otherwise appropriated, to remain available until Sep-
13 tember 30, 2031—
14 (1) $2,000,000,000 to award grants to Tribal,
15 State, or local governments or the government of the
16 District of Columbia, regional organizations, special
17 districts, or nonprofit organizations to support, on
18 non-Federal land, forest restoration and resilience
19 projects, including projects to reduce the risk of
20 wildfires and establish defensible space around struc-
21 tures within at-risk communities (as defined in sec-
22 tion 101 of the Healthy Forests Restoration Act of
23 2003 (16 U.S.C. 6511));
24 (2) $1,000,000,000 to award grants to Tribal,
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25 State, or local governments or the government of the
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1 District of Columbia, regional organizations, special
2 districts, or nonprofit organizations to implement
3 community wildfire protection plans (as defined in
4 section 101 of the Healthy Forests Restoration Act
5 of 2003 (16 U.S.C. 6511)) in existence on the date
6 of the enactment of this Act, purchase firefighting
7 equipment, provide firefighter training, and increase
8 the capacity for planning, coordinating, and moni-
9 toring projects on non-Federal land to protect at-
10 risk communities (as defined in section 101 of the
11 Healthy Forests Restoration Act of 2003 (16 U.S.C.
12 6511));
13 (3) $250,000,000 to award grants to Tribal,
14 State, or local governments or the government of the
15 District of Columbia, regional organizations, special
16 districts, or nonprofit organizations for projects on
17 non-Federal land to aid in the recovery and rehabili-
18 tation of burned forested areas, including reforest-
19 ation;
20 (4) $175,000,000 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 expand equitable outdoor access
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1 and promote tourism on non-Federal forested land
2 for members of underserved groups;
3 (5) $150,000,000 for the State Fire Assistance
4 and Volunteer Fire Assistance programs established
5 pursuant to section 10(b) of the Cooperative For-
6 estry Assistance Act of 1978 (16 U.S.C. 2106(b)) to
7 be distributed at the discretion of the Secretary;
8 (6) $150,000,000 for the implementation of
9 State-wide forest resource strategies under section
10 2A of the Cooperative Forestry Assistance Act of
11 1978 (16 U.S.C. 2101a);
12 (7) $250,000,000 for the competitive grant pro-
13 gram under section 13A of the Cooperative Forestry
14 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
15 viding through that program a cost share to carry
16 out climate mitigation or forest resilience practices
17 in the case of underserved forest landowners, subject
18 to the condition that subsection (h) of that section
19 shall not apply;
20 (8) $250,000,000 for the competitive grant pro-
21 gram under section 13A of the Cooperative Forestry
22 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
23 viding through that program grants to support the
24 participation of underserved forest landowners in
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25 emerging private markets for climate mitigation or
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1 forest resilience, subject to the condition that sub-
2 section (h) of that section shall not apply;
3 (9) $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 forest landowners who own less than
8 2,500 acres of forest land in emerging private mar-
9 kets for climate mitigation or forest resilience, sub-
10 ject to the condition that subsection (h) of that sec-
11 tion shall not apply;
12 (10) $500,000,000 for the competitive grant
13 program under section 13A of the Cooperative For-
14 estry Assistance Act of 1978 (16 U.S.C. 2109a) to
15 provide grants to states and other eligible entities to
16 provide payments to owners of private forest land
17 for implementation of forestry practices on private
18 forest land, that are determined by the Secretary,
19 based on the best available science, to provide meas-
20 urable increases in carbon sequestration and storage
21 beyond customary practices on comparable land,
22 subject to the conditions that—
23 (A) those payments shall not preclude
24 landowners from participation in other public
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1 and private sector financial incentive programs;
2 and
3 (B) subsection (h) of that section shall not
4 apply;
5 (11) $50,000,000 for the forest inventory and
6 analysis program established under section 3(e) of
7 the Forest and Rangeland Renewable Resources Re-
8 search Act of 1978 (16 U.S.C. 1642(e)) for activi-
9 ties and tactics to accelerate and expand existing re-
10 search efforts to improve forest carbon monitoring
11 technologies to better predict changes in forest car-
12 bon due to climate change;
13 (12) $100,000,000 for the forest inventory and
14 analysis program established under section 3(e) of
15 the Forest and Rangeland Renewable Resources Re-
16 search Act of 1978 (16 U.S.C. 1642(e)) to carry out
17 recommendations from a panel of relevant experts
18 convened by the Secretary that has reviewed and,
19 based on the review, issued recommendations regard-
20 ing the current priorities and future needs of the
21 forest inventory and analysis program with respect
22 to climate change, forest health, sustainable wood
23 products, and increasing carbon storage in forests;
24 (13) $50,000,000 for the forest inventory and
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25 analysis program established under section 3(e) of
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1 the Forest and Rangeland Renewable Resources Re-
2 search Act of 1978 (16 U.S.C. 1642(e)) to provide
3 enhancements to the technology managed and used
4 by the forest inventory and analysis program, includ-
5 ing cloud computing and remote sensing for pur-
6 poses such as small area estimation;
7 (14) $775,000,000 to provide grants under the
8 wood innovation grant program under section 8643
9 of the Agriculture Improvement Act of 2018 (7
10 U.S.C. 7655d), including for the construction of new
11 facilities that advance the purposes of the program,
12 subject to the conditions that the amount of such a
13 grant shall be not more than $5,000,000; notwith-
14 standing subsection (d) of that section, a recipient
15 of such a grant shall provide funds equal to not less
16 than 50 percent of the amount received under the
17 grant, to be derived from non-Federal sources; and
18 a priority shall be placed on projects that create a
19 financial model for addressing forest restoration
20 needs on public or private forest land; and
21 (15) $50,000,000 for the research mission area
22 of the Forest Service to carry out greenhouse gas
23 life cycle analyses of domestic wood products.
24 (b) FUNDING FOR RESTORATION ON NON-FEDERAL
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25 AREAS BY STATES.—The Secretary may use amounts
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1 made available by this section to carry out eligible projects
2 as determined by the Secretary, authorized in subsection
3 (a) on non-Federal land upon the request of the Governor
4 of that State, or, in the case of the District of Columbia,
5 the Mayor.
6 (c) COST-SHARING REQUIREMENT.—Any partnership
7 agreements, including cooperative agreements and mutual
8 interest agreements, using funds made available under
9 this section shall be subject to a non-Federal cost-share
10 requirement of not less than 20 percent of the project cost,
11 which may be waived at the discretion of the Secretary.
12 (d) LIMITATIONS.—Nothing in this section shall be
13 interpreted to authorize funds of the Commodity Credit
14 Corporation for activities under this section if such funds
15 are not expressly authorized or currently expended for
16 such purposes.
17 SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVA-
18 TION PROGRAMS.
19 (a) APPROPRIATIONS.—In addition to amounts other-
20 wise available, there are appropriated to the Secretary for
21 fiscal year 2022, out of any money in the Treasury not
22 otherwise appropriated, to remain available until Sep-
23 tember 30, 2031—
24 (1) $1,250,000,000 to provide competitive
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25 grants to States through the Forest Legacy Pro-
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1 gram established under section 7 of the Cooperative
2 Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
3 to acquire land and interests in land, with priority
4 given to grant applications that offer significant nat-
5 ural carbon sequestration benefits, contribute to the
6 resilience of community infrastructure, local econo-
7 mies, or natural systems, or provide benefits to un-
8 derserved populations;
9 (2) $2,500,000,000 to provide multi-year, pro-
10 grammatic, competitive grants to a State agency, a
11 local governmental entity, and agency or govern-
12 mental entity of the District of Columbia, an Indian
13 Tribe, or a nonprofit organization through the
14 Urban and Community Forestry Assistance program
15 established under section 9(c) of the Cooperative
16 Forestry Assistance Act of 1978 (16 U.S.C.
17 2105(c)) for tree planting and related activities to
18 increase tree equity and community tree canopy and
19 associated societal and climate co-benefits, with a
20 priority for projects that benefit underserved popu-
21 lations; and
22 (3) $100,000,000 for the acquisition of urban
23 and community forests through the Community For-
24 est and Open Space Program of the Forest Service.
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1 (b) WAIVER.—Any non-Federal cost-share require-
2 ment otherwise applicable to projects carried out under
3 this section may be waived at the discretion of the Sec-
4 retary.
5 SEC. 11004. LIMITATION.
6 The funds made available under this subtitle are sub-
7 ject to the condition that the Secretary shall not—
8 (1) enter into any agreement—
9 (A) that is for a term extending beyond
10 September 30, 2031; or
11 (B) under which any payment could be
12 outlaid or funds disbursed after September 30,
13 2031; or
14 (2) use any other funds available to the Sec-
15 retary to satisfy obligations initially made under this
16 subtitle.
17 SEC. 11005. APPROPRIATIONS.
18 In addition to amounts otherwise available, there is
19 appropriated to the Secretary for fiscal year 2022, out of
20 any money in the Treasury not otherwise appropriated,
21 $200,000,000 to remain available until September 30,
22 2031, for administrative costs of the agencies and offices
23 of the Department of Agriculture for costs related to im-
24 plementing this subtitle.
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1 Subtitle C—Rural Development
2 and Agricultural Credit and
3 Outreach
4 PART 1—RURAL DEVELOPMENT
5 SEC. 12001. ADDITIONAL SUPPORT FOR USDA RURAL
6 WATER PROGRAMS.
7 In addition to amounts otherwise available, there is
8 appropriated to the Secretary for fiscal year 2022, out of
9 any money in the Treasury not otherwise appropriated,
10 and notwithstanding sections 381E through 381H and
11 381N of the Consolidated Farm and Rural Development
12 Act (7 U.S.C. 2009d through 2009g and 2009m),
13 $97,000,000, to remain available until September 30,
14 2031, for the cost of grants for rural water and waste
15 water programs authorized by sections 306, 306C, and
16 306D and described in sections 306C(a)(2) and 306D of
17 the Consolidated Farm and Rural Development Act in
18 persistent poverty counties (or, notwithstanding any popu-
19 lation limits specified in section 343 of the Consolidated
20 Farm and Rural Development Act, a county seat of a per-
21 sistent poverty county with a population that does not ex-
22 ceed the authorized population limit by more than 10 per-
23 cent), Tribal lands, colonias, and insular areas, subject to
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24 the condition that the performance of any construction
25 work completed with amounts provided under this section
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1 meet the condition described in section 9003(f) of the
2 Farm Security and Rural Investment Act of 2002 (7
3 U.S.C. 8103(f)).
4 SEC. 12002. USDA RURAL WATER GRANTS FOR LEAD REME-
5 DIATION.
6 In addition to amounts otherwise made available,
7 there is appropriated to the Secretary for fiscal year 2022,
8 out of any money in the Treasury not otherwise appro-
9 priated and notwithstanding sections 381E through 381H
10 and 381N of the Consolidated Farm and Rural Develop-
11 ment Act (7 U.S.C. 2009d through 2009g and 2009m),
12 $970,000,000, to remain available until September 30,
13 2031, notwithstanding section 306C(a)(2)(A) of the Con-
14 solidated Farm and Rural Development Act (7 U.S.C.
15 1926c(a)(2)(A)), for grants under sections 306C(a)(1)(A)
16 and 306(a)(2) of the Consolidated Farm and Rural Devel-
17 opment Act (7 U.S.C. 1926c(a)(1)(A) and 1926(a)(2)) for
18 the purpose of replacement of service lines that contain
19 lead, subject to the condition that the performance of any
20 construction work completed with amounts provided under
21 this section meet the condition described in section
22 9003(f) of the Farm Security and Rural Investment Act
23 of 2002 (7 U.S.C. 8103(f)).
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1 SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC LOANS
2 FOR RENEWABLE ENERGY.
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, $2,880,000,000, to remain avail-
7 able until September 30, 2031, for the cost of loans under
8 section 317 of the Rural Electrification Act of 1936 (7
9 U.S.C. 940g), including for projects that store electricity
10 that supports the types of eligible projects under such sec-
11 tion, which shall be forgiven in whole or in part based on
12 how the borrower and the project meets the terms and
13 conditions for loan forgiveness consistent with the pur-
14 poses of such section established by the Secretary, subject
15 to the condition that the performance of any construction
16 work completed with amounts provided under this section
17 meet the condition described in section 9003(f) of the
18 Farm Security and Rural Investment Act of 2002 (7
19 U.S.C. 8103(f)).
20 (b) LIMITATION.—The Secretary shall not enter into
21 any loan agreement pursuant to this section that could
22 result in disbursements after September 30, 2031.
23 SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
24 (a) APPROPRIATION.—In addition to amounts other-
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25 wise available, there is appropriated to the Secretary for
26 fiscal year 2022, out of any money in the Treasury not
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1 otherwise appropriated, $200,000,000, to remain available
2 until September 30, 2031, to carry out section 6407 of
3 the Farm Security and Rural Investment Act of 2002 (7
4 U.S.C. 8107a) and this section, subject to the condition
5 that the performance of any construction work completed
6 with amounts provided under this section meet the condi-
7 tion described in section 9003(f) of such Act (7 U.S.C.
8 8103(f)).
9 (b) USE OF FUNDS.—
10 (1) IN GENERAL.—Except as provided in para-
11 graph (2) of this subsection, at the election of an eli-
12 gible entity (as defined in section 6407(b) of the
13 Farm Security and Rural Investment Act of 2002 (7
14 U.S.C. 8107a(b))) to which a loan is made under
15 section 6407(c) of the Farm Security and Rural In-
16 vestment Act of 2002 (7 U.S.C. 8107a(c)), the Sec-
17 retary shall make a grant to the eligible entity in an
18 amount equal to not more than 5 percent of the loan
19 amount for the purposes of costs incurred in—
20 (A) applying for a loan received under sec-
21 tion 6407(c) of such Act;
22 (B) making a loan under section 6407(d)
23 of such Act;
24 (C) making repairs to the property of a
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25 qualified consumer that facilitate the energy ef-
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1 ficiency measures for the property financed
2 through a loan under section 6407(d) of such
3 Act;
4 (D) entering into a contract under section
5 6407(e) of such Act; or
6 (E) carrying out the duties of an eligible
7 entity under section 6407 of such Act.
8 (2) PERSISTENT POVERTY COUNTIES.—In the
9 case that the grant is for the purpose of making a
10 loan under section 6407(d) of the Farm Security
11 and Rural Investment Act of 2002 (7 U.S.C.
12 8107a(d)) to a qualified consumer (as defined in sec-
13 tion 6407(b) of such Act) in a persistent poverty
14 county (as determined by the Secretary), the per-
15 centage limitation in paragraph (1) of this sub-
16 section shall be 10 percent.
17 (c) LIMITATION.—The Secretary shall not enter into
18 any loan agreement pursuant to this section that could
19 result in disbursements after September 30, 2031, or any
20 grant agreement pursuant to this section that could result
21 in any outlays after September 30, 2031.
22 SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
23 (a) APPROPRIATION.—In addition to amounts other-
24 wise available, there is appropriated to the Secretary, out
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25 of any money in the Treasury not otherwise appropriated,
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1 for eligible projects under section 9007 of the Farm Secu-
2 rity and Rural Investment Act of 2002 (7 U.S.C. 8107)
3 and subject to the conditions that the performance of any
4 construction work completed with amounts provided under
5 this subsection meet the condition described in section
6 9003(f) of such Act, and notwithstanding section
7 9007(c)(3)(A) of such Act, the amount of a grant shall
8 not exceed 50 percent of the cost of the activity carried
9 out using the grant funds—
10 (1) $820,250,000 for fiscal year 2022, to re-
11 main available until September 30, 2031; and
12 (2) $180,276,500 for each of fiscal years 2023
13 through 2027, to remain available until September
14 30, 2031.
15 (b) UNDERUTILIZED RENEWABLE ENERGY TECH-
16 NOLOGIES.—In addition to amounts otherwise available,
17 there is appropriated to the Secretary, out of any money
18 in the Treasury not otherwise appropriated, to provide
19 grants and loans guaranteed by the Secretary (including
20 the costs of such loans) under the program described in
21 subsection (a) of this section relating to underutilized re-
22 newable energy technologies, and to provide technical as-
23 sistance for applying to the program described in sub-
24 section (a) of this section, including for underutilized re-
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25 newable energy technologies, subject to the conditions that
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1 the performance of any construction work completed with
2 amounts provided under this subsection meet the condition
3 described in section 9003(f) of such Act and, notwith-
4 standing section 9007(c)(3)(A) of the Farm Security and
5 Rural Investment Act of 2002 (7 U.S.C. 8107(c)(3)(A)),
6 the amount of a grant shall not exceed 50 percent of the
7 cost of the activity carried out using the grant funds, and
8 to the extent the following amounts remain available at
9 the end of each fiscal year, the Secretary shall use such
10 amounts in accordance with subsection (a) of this sec-
11 tion—
12 (1) $144,750,000 for fiscal year 2022, to re-
13 main available until September 30, 2031; and
14 (2) $31,813,500 for each of fiscal years 2023
15 through 2027, to remain available until September
16 30, 2031.
17 (c) LIMITATION.—The Secretary shall not enter into
18 any loan agreement pursuant to this section that could
19 result in disbursements after September 30, 2031 or any
20 grant agreement pursuant to this section that could result
21 in any outlays after September 30, 2031.
22 SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRI-
23 CULTURE PRODUCT MARKET EXPANSION.
24 (a) APPROPRIATION.—In addition to amounts other-
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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, $960,000,000, to remain available
3 until September 30, 2031, to carry out this section.
4 (b) USE OF FUNDS.—The Secretary shall use the
5 amounts made available by subsection (a) to provide
6 grants, for which the Federal share shall be not more than
7 75 percent of the total cost of carrying out a project for
8 which the grant is provided, on a competitive basis, to
9 transportation fueling facilities and distribution facilities,
10 including fueling stations, convenience stores,
11 hypermarket retailer fueling stations, fleet facilities, as
12 well as fuel terminal operations, mid-stream partners, and
13 heating oil distribution facilities or equivalent entities,
14 subject to the condition that the performance of any con-
15 struction work completed with amounts provided under
16 this section shall meet the condition described in section
17 9003(f) of the Farm Security and Rural Investment Act
18 of 2002 (7 U.S.C. 8103(f))—
19 (1) to install, retrofit, or otherwise upgrade fuel
20 dispensers or pumps and related equipment, storage
21 tank system components, and other infrastructure
22 required at a location related to dispensing certain
23 biofuels blends to ensure the increased sales of fuels
24 with high levels of commodity-based ethanol and bio-
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25 diesel that are at or greater than the levels required
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1 in the Notice of Funding Availability for the Higher
2 Blends Infrastructure Incentive Program for Fiscal
3 Year 2020, published in volume 85 of the Federal
4 Register (85 Fed. Reg. 26656), as determined by
5 the Secretary; and
6 (2) to build and retrofit distribution systems for
7 ethanol blends, traditional and pipeline biodiesel ter-
8 minal operations (including rail lines), and home
9 heating oil distribution centers or equivalent enti-
10 ties—
11 (A) to blend biodiesel; and
12 (B) to carry ethanol and biodiesel.
13 (c) LIMITATION.—The Secretary may not limit the
14 amount of funding an eligible entity may receive under
15 this section.
16 SEC. 12007. USDA ASSISTANCE FOR RURAL ELECTRIC CO-
17 OPERATIVES.
18 (a) APPROPRIATION.—In addition to amounts other-
19 wise available, there is appropriated to the Secretary for
20 fiscal year 2022, out of any money in the Treasury not
21 otherwise appropriated, $9,700,000,000, to remain avail-
22 able until September 30, 2031, for the long-term resil-
23 iency, reliability, and affordability of rural electric sys-
24 tems, by providing to an eligible entity (defined as an elec-
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25 tric cooperative described in section 501(c)(12) or
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1 1381(a)(2) of the Internal Revenue Code of 1986 and is
2 or has been a Rural Utilities Service electric loan borrower
3 pursuant to the Rural Electrification Act of 1936 or serv-
4 ing a predominantly rural area) assistance under para-
5 graphs (1) and (2) by awarding such assistance to eligible
6 entities for purposes described in section 310B(a)(2)(C)
7 of the Consolidated Farm and Rural Development Act
8 (provided that the term renewable energy system in that
9 paragraph has the meaning given such term in section
10 9001(16) of the Farm Security and Rural Investment Act
11 of 2002) and for carbon capture and storage systems, that
12 will achieve the greatest reduction in greenhouse gas emis-
13 sions associated with rural electric systems using such as-
14 sistance and that will otherwise aid disadvantaged rural
15 communities (as determined by the Secretary), subject to
16 the condition that any construction work completed with
17 amounts provided under this section shall meet the condi-
18 tion described in section 9003(f) of the Farm Security and
19 Rural Investment Act of 2002 (7 U.S.C. 8103(f)), when—
20 (1) making grants and loans (including the cost
21 of loans and modifications thereof) to purchase re-
22 newable energy (as defined in section 9001(15) of
23 the Farm Security and Rural Investment Act of
24 2002 (7 U.S.C. 8101(15))), purchase renewable en-
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25 ergy systems (as defined in section 9001(16) of that
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1 Act (7 U.S.C. 8101(16))), and carbon capture and
2 storage systems, deploy such systems, or make en-
3 ergy efficiency improvements after the date of enact-
4 ment of this Act; and
5 (2) making grants for debt relief and other
6 costs associated with terminating, after the date of
7 enactment of this Act or up to one year prior to the
8 date of enactment, the use of—
9 (A) facilities operating on nonrenewable
10 energy; and
11 (B) related transmission assets.
12 (b) LIMITATION.—No eligible entity may receive an
13 amount equal to more than 10 percent of the total amount
14 made available by this section.
15 (c) PROHIBITION.—Nothing in this section shall be
16 interpreted to authorize funds of the Commodity Credit
17 Corporation for activities under this section if such funds
18 are not expressly authorized or currently expended for
19 such purposes.
20 SEC. 12008. RURAL PARTNERSHIP PROGRAM.
21 (a) RURAL PROSPERITY DEVELOPMENT GRANTS.—
22 (1) APPROPRIATION.—In addition to amounts
23 otherwise available, there is appropriated to the Sec-
24 retary for fiscal year 2022, out of any money in the
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25 Treasury not otherwise appropriated, $873,000,000,
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1 to remain available until September 30, 2031, to
2 provide grants to support rural development under
3 this subsection, subject to the condition that the re-
4 cipient of a grant under this subsection shall con-
5 tribute a non-Federal match of 25 percent of the
6 amount of the grant, which may be satisfied through
7 an in-kind contribution, except that the Secretary
8 may waive such matching requirement on a finding
9 that the recipient of the applicable grant is economi-
10 cally distressed.
11 (2) ALLOCATION OF FUNDS.—
12 (A) FORMULA.—The Secretary shall estab-
13 lish a formula pursuant to which the Secretary
14 shall allocate, for each State and for Tribal gov-
15 ernments, an amount to be provided under this
16 subsection to eligible applicants described in
17 paragraph (3).
18 (B) REQUIREMENTS.—
19 (i) FORMULA.—The formula estab-
20 lished under subparagraph (A) shall in-
21 clude a graduated scale for the amount to
22 be allocated under this subsection for eligi-
23 ble applicants in each State and eligible
24 applicants of Tribal governments, with
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25 higher amounts provided based on lower
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1 populations and lower income levels, as de-
2 termined by the Secretary.
3 (ii) AWARD.—In awarding grants
4 under this subsection to eligible applicants
5 in each State and eligible applicants of
6 Tribal governments, the Secretary shall
7 give priority to eligible applicants rep-
8 resenting a micropolitan statistical area (as
9 defined by the Office of Management and
10 Budget in OMB Bulletin No. 20-01 (effec-
11 tive March 2020) and any subsequent up-
12 dates) and 1 or more rural areas contig-
13 uous to that micropolitan statistical area
14 or eligible applicants representing high
15 poverty areas (as determined by the Sec-
16 retary) provided that the Secretary may
17 award additional grants or funding under
18 this subsection to implement activities pur-
19 suant to a rural development plan upon
20 the Secretary’s approval of the recipient’s
21 plan and report on the use of each grant
22 provided to the recipient under this sub-
23 section.
24 (3) ELIGIBLE APPLICANTS.—The Secretary
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25 may make a grant under this subsection to a part-
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1 nership no member of which has received a grant
2 under subsection (b) and that—
3 (A) is composed of entities representing a
4 region composed of 1 or more rural areas, in-
5 cluding—
6 (i) except as provided in subparagraph
7 (B), 1 or more of—
8 (I) a unit of local government;
9 (II) a Tribal government; or
10 (III) an authority, agency, or in-
11 strumentality of an entity described in
12 subclauses (I) or (II); and
13 (ii) a qualified nonprofit or for-profit
14 organization, as determined by the Sec-
15 retary;
16 (B) does not include a member described
17 in subparagraph (A)(i), but demonstrates sig-
18 nificant community support sufficient to sup-
19 port a likelihood of success on the proposed
20 projects, as determined by the Secretary; and
21 (C) demonstrates, as determined by the
22 Secretary, cooperation among the members of
23 the partnership necessary to complete com-
24 prehensive rural development, through aligning
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25 government investment, leveraging nongovern-
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1 mental resources, building economic resilience,
2 and aiding economic recovery, including in com-
3 munities impacted by economic transitions and
4 climate change.
5 (4) ELIGIBLE ACTIVITIES.—The use of grant
6 funds provided under this subsection may be used
7 for the following purposes, provided that, where ap-
8 plicable, the performance of any construction work
9 completed with the grant funds shall meet the condi-
10 tion described in section 9003(f) of the Farm Secu-
11 rity and Rural Investment Act of 2002 (7 U.S.C.
12 8103(f)):
13 (A) Conducting comprehensive rural devel-
14 opment and pre-development activities and
15 planning.
16 (B) Supporting organizational operating
17 expenses relating to the rural development ac-
18 tivities for which the grant was provided.
19 (C) Implementing planned rural develop-
20 ment activities and projects.
21 (5) LIMITATION.—Not more than 25 percent of
22 amounts received by a recipient of a grant under
23 this subsection may be used to satisfy a Federal
24 matching requirement.
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1 (b) RURAL PROSPERITY INNOVATION GRANTS.—In
2 addition to amounts otherwise available, there is appro-
3 priated to the Secretary for fiscal year 2022, out of any
4 money in the Treasury not otherwise appropriated,
5 $97,000,000, to remain available until September 30,
6 2031, to provide grants to entities that have not received
7 a grant under subsection (a) and that is a qualified non-
8 profit corporation that serves rural areas (as determined
9 by the Secretary) or an institution of higher education
10 that serves rural areas (as determined by the Secretary),
11 subject to the condition that the recipient of such grant
12 shall contribute a non-Federal match of 20 percent of the
13 amount of the grant, which may be used—
14 (1) to support activities of the recipient relating
15 to—
16 (A) development and predevelopment plan-
17 ning aspects of rural development; and
18 (B) organizational capacity-building nec-
19 essary to support the rural development activi-
20 ties funded by the grant; and
21 (2) to support the recipient of a grant under
22 subsection (a) in carrying out activities for which
23 that grant was provided.
24 (c) DEFINITIONS.—In this section:
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1 (1) RURAL AREA.—The term ‘‘rural area’’ has
2 the meaning given the term in section 343(a)(13)(C)
3 of the Consolidated Farm and Rural Development
4 Act (7 U.S.C. 1991(a)(13)(C)).
5 (2) STATE.—The term ‘‘State’’ has the mean-
6 ing given the term in section 1404 of the National
7 Agricultural Research, Extension, and Teaching Pol-
8 icy Act of 1977 (7 U.S.C. 3103).
9 SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT AD-
10 MINISTRATIVE FUNDS.
11 In addition to amounts otherwise available, there is
12 appropriated to the Secretary for fiscal year 2022, out of
13 any money in the Treasury not otherwise appropriated,
14 $553,000,000, to remain available until September 30,
15 2031, for administrative costs and salaries and expenses
16 for the Rural Development mission area and expenses of
17 the agencies and offices of the Department for costs re-
18 lated to implementing this part.
19 PART 2—AGRICULTURAL CREDIT AND
20 OUTREACH
21 SEC. 12101. ASSISTANCE FOR CERTAIN FARM LOAN BOR-
22 ROWERS.
23 Section 1005 of the American Rescue Plan Act of
24 2021 (Public Law 117–2) is amended to read as follows:
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1 ‘‘SEC. 1005. ASSISTANCE FOR CERTAIN FARM LOAN BOR-
2 ROWERS.
3 ‘‘(a) APPROPRIATIONS.—In addition to amounts oth-
4 erwise available, there are appropriated to the Secretary
5 for fiscal year 2022, out of amounts in the Treasury not
6 otherwise appropriated, to remain available until Sep-
7 tember 30, 2031—
8 ‘‘(1) such sums as may be necessary for the
9 cost of payments under subsection (b); and
10 ‘‘(2) $1,020,000,000 to provide payments or
11 loan modifications or otherwise carry out the au-
12 thorities under section 331(b)(4) of the Consolidated
13 Farm and Rural Development Act (7 U.S.C.
14 1981(b)(4)), using a centralized process adminis-
15 tered from the national office, for Farm Service
16 Agency direct loan and loan guarantee borrowers, fo-
17 cusing on borrowers who are at risk (as determined
18 by the Secretary of Agriculture using factors that
19 may include whether the borrower is a limited re-
20 source farmer or rancher, the amount of payments
21 received by the borrower during calendar years 2020
22 and 2021 under the Coronavirus Food Assistance
23 Program of the Department of Agriculture, and
24 other factors, as determined by the Secretary).
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25 ‘‘(b) PAYMENTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall provide
2 a payment in an amount up to 100 percent of the
3 outstanding indebtedness of each economically dis-
4 tressed borrower on eligible farm debt.
5 ‘‘(2) OTHER PAYMENTS.—
6 ‘‘(A) IN GENERAL.—For each farmer and
7 rancher with outstanding indebtedness on eligi-
8 ble farm debt that does not qualify for a pay-
9 ment under paragraph (1), the Secretary shall
10 provide a payment that is equal to, subject to
11 subparagraph (B), the lesser of—
12 ‘‘(i) the amount of the outstanding in-
13 debtedness of the farmer or rancher on eli-
14 gible farm debt; and
15 ‘‘(ii) $150,000.
16 ‘‘(B) REDUCTION.—A payment determined
17 under subparagraph (A) shall be reduced by the
18 amount equal to the sum obtained by adding—
19 ‘‘(i) the total of the payments received
20 by the farmer or rancher during calendar
21 year 2020 pursuant to the Coronavirus
22 Food Assistance Program of the Depart-
23 ment of Agriculture; and
24 ‘‘(ii) the total of the payments re-
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1 endar years 2018 and 2019 pursuant to
2 the Market Facilitation Program of the
3 Department of Agriculture.
4 ‘‘(c) DEFINITIONS.—In this section:
5 ‘‘(1) ECONOMICALLY DISTRESSED BOR-
6 ROWER.—The term ‘economically distressed bor-
7 rower’ means a farmer or rancher that, as deter-
8 mined by the Secretary—
9 ‘‘(A) was 90 days or more delinquent with
10 respect to an eligible farm debt as of April 30,
11 2021;
12 ‘‘(B) was 90 days or more delinquent with
13 respect to an eligible farm debt as of December
14 31, 2020;
15 ‘‘(C) operates a farm or ranch whose head-
16 quarters of operation, as determined by the
17 Secretary, location is—
18 ‘‘(i) in a county with a poverty rate of
19 not less than 20 percent, as determined—
20 ‘‘(I) in the 1990 or 2000 decen-
21 nial census; or
22 ‘‘(II) in the Small Area Income
23 and Poverty Estimates of the Bureau
24 of the Census for the most recent year
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1 as of the date of enactment of the Act
2 entitled ‘An Act to provide for rec-
3 onciliation pursuant to title II of S.
4 Con. Res. 14’;
5 ‘‘(ii) in a ZIP Code with a poverty
6 rate of not less than 20 percent, as deter-
7 mined by the Secretary; or
8 ‘‘(iii) on land held in trust by the
9 United States for the benefit of an Indian
10 Tribe or an individual Indian;
11 ‘‘(D) owes more interest than principal
12 with respect to an eligible farm debt as of July
13 31, 2021;
14 ‘‘(E) is undergoing bankruptcy or fore-
15 closure or is in other financially distressed cat-
16 egories, as determined by the Secretary, as of
17 July 31, 2021;
18 ‘‘(F) received a Department of Agriculture
19 disaster set aside after January 1, 2020;
20 ‘‘(G) has restructured an eligible farm debt
21 3 or more times as of July 31, 2021; or
22 ‘‘(H) has restructured an eligible farm
23 debt on or after January 1, 2020.
24 ‘‘(2) ELIGIBLE FARM DEBT.—
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1 ‘‘(A) IN GENERAL.—The term ‘eligible
2 farm debt’ means a debt owed to the United
3 States by a farmer or rancher that was issued
4 as a direct loan administered by the Farm
5 Service Agency under subtitle A, B, or C of the
6 Consolidated Farm and Rural Development Act
7 (7 U.S.C. 1922 through 1970) and was out-
8 standing or otherwise not paid as of December
9 31, 2020, or July 31, 2021.
10 ‘‘(B) AMOUNT.—The amount of eligible
11 farm debt with respect to a borrower shall be
12 equal to the amount of eligible farm debt out-
13 standing as of a date determined by the Sec-
14 retary, but no sooner than the date of enact-
15 ment of the Act entitled ‘An Act to provide for
16 reconciliation pursuant to title II of S. Con Res.
17 14’, plus the total of all loan payments on eligi-
18 ble farm debt made by the borrower in calendar
19 year 2021.
20 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
21 the Secretary of Agriculture.
22 ‘‘(d) LIMITATION.—The Secretary shall not enter
23 into any loan agreement pursuant to this section that
24 could result in disbursements after September 30, 2031
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1 or any grant agreement pursuant to this section that could
2 result in any outlays after September 30, 2031.’’.
3 SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR UNDER-
4 SERVED FARMERS, RANCHERS, AND FOR-
5 ESTERS.
6 Section 1006 of the American Rescue Plan Act of
7 2021 (Public Law 117–2) is amended to read as follows:
8 ‘‘SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR UNDER-
9 SERVED FARMERS, RANCHERS, FORESTERS.
10 ‘‘(a) TECHNICAL AND OTHER ASSISTANCE.—In addi-
11 tion to amounts otherwise available, there is appropriated
12 to the Secretary of Agriculture for fiscal year 2022, to
13 remain available until September 30, 2031, out of any
14 money in the Treasury not otherwise appropriated,
15 $200,000,000 to provide outreach, mediation, financial
16 training, capacity building training, cooperative develop-
17 ment and agricultural credit training and support, and
18 other technical assistance on issues concerning food, agri-
19 culture, agricultural credit, agricultural extension, rural
20 development, or nutrition to underserved farmers, ranch-
21 ers, or forest landowners, including veterans, limited re-
22 source producers, beginning farmers and ranchers, and
23 farmers, ranchers, and forest landowners living in high
24 poverty areas.
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1 ‘‘(b) LAND LOSS ASSISTANCE.—In addition to
2 amounts otherwise available, there is appropriated to the
3 Secretary of Agriculture for fiscal year 2022, to remain
4 available until September 30, 2031, out of any money in
5 the Treasury not otherwise appropriated, $200,000,000 to
6 provide grants and loans to eligible entities, as determined
7 by the Secretary, to improve land access (including heirs’
8 property and fractionated land issues) for underserved
9 farmers, ranchers, and forest landowners, including vet-
10 erans, limited resource producers, beginning farmers and
11 ranchers, and farmers, ranchers, and forest landowners
12 living in high poverty areas.
13 ‘‘(c) EQUITY COMMISSIONS.—In addition to amounts
14 otherwise available, there is appropriated to the Secretary
15 of Agriculture for fiscal year 2022, to remain available
16 until September 30, 2031, out of any money in the Treas-
17 ury not otherwise appropriated, $10,000,000 to fund the
18 activities of one or more equity commissions that will ad-
19 dress racial equity issues within the Department of Agri-
20 culture and the programs of the Department of Agri-
21 culture.
22 ‘‘(d) RESEARCH, EDUCATION, AND EXTENSION.—In
23 addition to amounts otherwise available, there is appro-
24 priated to the Secretary of Agriculture for fiscal year
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1 of any money in the Treasury not otherwise appropriated,
2 $189,000,000 to support and supplement agricultural re-
3 search, education, and extension, as well as scholarships
4 and programs that provide internships and pathways to
5 agricultural sector or Federal employment, for 1890 Insti-
6 tutions (as defined in section 2 of the Agricultural, Re-
7 search, Extension, and Education Reform Act of 1998 (7
8 U.S.C. 7601)), 1994 Institutions (as defined in section
9 532 of the Equity in Educational Land-Grant Status Act
10 of 1994 (7 U.S.C. 301 note; Public Law 103–382)), Alas-
11 ka Native serving institutions and Native Hawaiian serv-
12 ing institutions eligible to receive grants under subsections
13 (a) and (b), respectively, of section 1419B of the National
14 Agricultural Research, Extension, and Teaching Policy
15 Act of 1977 (7 U.S.C. 3156), Hispanic-serving institu-
16 tions eligible to receive grants under section 1455 of the
17 National Agricultural Research, Extension, and Teaching
18 Policy Act of 1977 (7 U.S.C. 3241), and the insular area
19 institutions of higher education located in the territories
20 of the United States, as referred to in section 1489 of
21 the National Agricultural Research, Extension, and
22 Teaching Policy Act of 1977 (7 U.S.C. 3361).
23 ‘‘(e) DISCRIMINATION FINANCIAL ASSISTANCE.—In
24 addition to amounts otherwise available, there is appro-
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1 2022, to remain available until September 30, 2031, out
2 of any money in the Treasury not otherwise appropriated,
3 $750,000,000 for a program to provide financial assist-
4 ance to farmers, ranchers, or forest landowners deter-
5 mined to have experienced discrimination prior to January
6 1, 2021, in Department of Agriculture farm lending pro-
7 grams, under which the amount of financial assistance
8 provided to a recipient may be not more than $500,000
9 as appropriate in relation to any consequences experienced
10 from the discrimination, which program shall be adminis-
11 tered through 1 or more qualified nongovernmental enti-
12 ties selected by the Secretary subject to standards set and
13 enforced by the Secretary, subject to the condition that
14 any selected entity administering the program shall return
15 the funds to the Secretary on the request of the Secretary
16 if the standards are not adequately carried out or the ad-
17 ministration of the program is not otherwise sufficient or
18 if any funds provided to the selected entity are not distrib-
19 uted on the date that is 5 years after the date of enact-
20 ment of the Act entitled ‘An Act to provide for reconcili-
21 ation pursuant to title II of S. Con. Res. 14’, and any
22 such returned funds shall be available for obligation for
23 any activity authorized under this section, except sub-
24 sections (c) and (f).
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1 ‘‘(f) ADMINISTRATIVE COSTS.—In addition to
2 amounts otherwise available, there is appropriated to the
3 Secretary of Agriculture for fiscal year 2022, to remain
4 available until September 30, 2031, out of any money in
5 the Treasury not otherwise appropriated, $35,000,000 for
6 administrative costs, including training employees, of the
7 agencies and offices of the Department of Agriculture to
8 carry out this section.
9 ‘‘(g) LIMITATION.—The funds made available under
10 subsection (d) are subject to the condition that the Sec-
11 retary shall not—
12 ‘‘(1) enter into any agreement—
13 ‘‘(A) that is for a term extending beyond
14 September 30, 2031; or
15 ‘‘(B) under which any payment could be
16 outlaid or funds disbursed after September 30,
17 2031; or
18 ‘‘(2) use any other funds available to the Sec-
19 retary to satisfy obligations initially made under
20 subsection (d).’’.
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1 Subtitle D—Research and Urban
2 Agriculture
3 SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH
4 FUNDING.
5 (a) APPROPRIATIONS.—In addition to amounts other-
6 wise available, there are appropriated to the Secretary, out
7 of any money in the Treasury not otherwise appropriated,
8 to remain available until September 30, 2031—
9 (1) to the National Agricultural Statistics Serv-
10 ice, for measurements, a survey, and data collection
11 to conduct the study required under section 7212(b)
12 of the Agriculture Improvement Act of 2018 (Public
13 Law 115–334; 132 Stat. 4812), which shall be com-
14 pleted not later than December 31, 2022,
15 $5,000,000 for fiscal year 2022;
16 (2) to the National Institute of Food and Agri-
17 culture—
18 (A) to fund agricultural education, exten-
19 sion, and research relating to climate change—
20 (i) through the Agriculture and Food
21 Research Initiative established by sub-
22 section (b) of the Competitive, Special, and
23 Facilities Research Grant Act (7 U.S.C.
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24 3157(b)), $210,000,000 for fiscal year
25 2022;
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1 (ii) through the sustainable agri-
2 culture research education program estab-
3 lished under sections 1619, 1621, 1622,
4 1628, and 1629 of the Food, Agriculture,
5 Conservation, and Trade Act of 1990 (7
6 U.S.C. 5801, 5811, 5812, 5831, 5832),
7 $120,000,000 for fiscal year 2022;
8 (iii) through the organic agriculture
9 research and extension initiative estab-
10 lished under section 1672B of the Food,
11 Agriculture, Conservation, and Trade Act
12 of 1990 (7 U.S.C. 5925b), $60,000,000 for
13 fiscal year 2022;
14 (iv) through the urban, indoor, and
15 other emerging agricultural production re-
16 search, education, and extension initiative
17 established under section 1672E of the
18 Food, Agriculture, Conservation, and
19 Trade Act of 1990 (7 U.S.C. 5925g),
20 $5,000,000 for fiscal year 2022;
21 (v) through the centers of excellence
22 led by 1890 Institutions established under
23 section 1673(d) of the Food, Agriculture,
24 Conservation, and Trade Act of 1990 (7
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1 U.S.C. 5926(d)), $5,000,000 for fiscal
2 year 2022;
3 (vi) through the specialty crop re-
4 search and extension initiative established
5 by section 412 of the Agricultural Re-
6 search, Extension, and Education Reform
7 Act of 1998 (7 U.S.C. 7632), $60,000,000
8 for fiscal year 2022;
9 (vii) through the cooperative extension
10 under the Smith-Lever Act (7 U.S.C. 341
11 through 349) for agricultural extension ac-
12 tivities and research relating to climate
13 change, technical assistance, and tech-
14 nology adoption, $80,000,000 for fiscal
15 year 2022;
16 (viii) through the cooperative exten-
17 sion at 1994 Institutions in accordance
18 with section 3(b)(3) of the Smith-Lever
19 Act (7 U.S.C. 343(b)(3)), $35,000,000 for
20 fiscal year 2022; and
21 (ix) through the cooperative extension
22 at 1890 Institutions under section 1444 of
23 the National Agricultural Research, Exten-
24 sion, and Teaching Policy Act of 1977 (7
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1 U.S.C. 3221), $40,000,000 for fiscal year
2 2022;
3 (B) for grants to covered institutions for
4 construction, alteration, acquisition, moderniza-
5 tion, renovation, or remodeling of agricultural
6 research facilities, including related building
7 costs associated with compliance with applicable
8 Federal and State law, under section 4 of the
9 Research Facilities Act (7 U.S.C. 390b),
10 $1,000,000,000 for fiscal year 2022, subject to
11 the condition that notwithstanding section
12 3(c)(2)(A) of that Act (7 U.S.C.
13 390a(c)(2)(A)), the recipient of a grant pro-
14 vided using those amounts shall not be required
15 to provide any non-Federal share of total fund-
16 ing provided under this subparagraph;
17 (C) for the scholarships for students at
18 1890 Institutions grant program under section
19 1446 of the National Agricultural Research,
20 Extension, and Teaching Policy Act of 1977 (7
21 U.S.C. 3222a), $100,000,000 for fiscal year
22 2022, to carry out such program in fiscal years
23 2024 through 2031;
24 (D) for grants to land-grant colleges and
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1 section 1450 of that Act (7 U.S.C. 3222e),
2 $15,000,000 for fiscal year 2022, and for pur-
3 poses of this subparagraph, section 1450(b)(4)
4 of such Act shall not apply; and
5 (E) for the Higher Education Multicultural
6 Scholars Program carried out pursuant to sec-
7 tion 1417 of that Act (7 U.S.C. 3152),
8 $15,000,000 for fiscal year 2022;
9 (3) to the Office of the Chief Scientist, to carry
10 out advanced research and development relating to
11 climate through the Agriculture Advanced Research
12 and Development Authority to further the goals
13 under section 1473H(b)(2) of the National Agricul-
14 tural Research, Extension, and Teaching Policy Act
15 of 1977 (7 U.S.C. 3319k(b)(2)), $30,000,000 for
16 fiscal year 2022;
17 (4) to the Foundation for Food and Agriculture
18 Research, to carry out activities relating to climate
19 change in accordance with section 7601 of the Agri-
20 cultural Act of 2014 (7 U.S.C. 5939), to be consid-
21 ered as provided pursuant to subsection (g)(1)(A) of
22 such section, $210,000,000 for fiscal year 2022;
23 (5) to the Office of Urban Agriculture and In-
24 novative Production, to carry out activities in ac-
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1 riculture Reorganization Act of 1994 (7 U.S.C.
2 6923), $10,000,000 for fiscal year 2022.
3 (b) DEFINITIONS.—In this section:
4 (1) COVERED INSTITUTION.—The term ‘‘cov-
5 ered institution’’ means—
6 (A) an 1890 Institution (as defined in sec-
7 tion 2 of the Agricultural Research, Extension,
8 and Education Reform Act of 1998 (7 U.S.C.
9 7601));
10 (B) a 1994 Institution (as defined in sec-
11 tion 532 of the Equity in Educational Land-
12 Grant Status Act of 1994 (7 U.S.C. 301 note;
13 Public Law 103–382));
14 (C) an Alaska Native serving institution or
15 Native Hawaiian serving institution eligible to
16 receive grants under subsections (a) and (b), re-
17 spectively, of section 1419B of the National Ag-
18 ricultural Research, Extension, and Teaching
19 Policy Act of 1977 (7 U.S.C. 3156);
20 (D) Hispanic-serving agricultural colleges
21 and universities and Hispanic-serving institu-
22 tions (as those terms are defined in section
23 1404 of the National Agricultural Research,
24 Extension, and Teaching Policy Act of 1977 (7
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25 U.S.C. 3103));
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1 (E) an eligible institution (as defined in
2 section 1489 of the National Agricultural Re-
3 search, Extension, and Teaching Policy Act of
4 1977 (7 U.S.C. 3361) (relating to institutions
5 of higher education in insular areas)); and
6 (F) the University of the District of Co-
7 lumbia established pursuant to the Act of July
8 2, 1862 (commonly known as the ‘‘First Morrill
9 Act’’) (7 U.S.C. 301 through 309).
10 (2) STATE.—The term ‘‘State’’ has the mean-
11 ing given the term in section 1404 of the National
12 Agricultural Research, Extension, and Teaching Pol-
13 icy Act of 1977 (7 U.S.C. 3103).
14 SEC. 13002. LIMITATION.
15 The funds made available under this subtitle are sub-
16 ject to the condition that the Secretary shall not—
17 (1) enter into any agreement—
18 (A) that is for a term extending beyond
19 September 30, 2031; or
20 (B) under which any payment could be
21 outlaid or funds disbursed after September 30,
22 2031; or
23 (2) use any other funds available to the Sec-
24 retary to satisfy obligations initially made under this
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25 subtitle.
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1 Subtitle E—Miscellaneous
2 SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE OF
3 THE INSPECTOR GENERAL.
4 In addition to amounts otherwise made available,
5 there is appropriated to the Office of the Inspector Gen-
6 eral of the Department of Agriculture for fiscal year 2022,
7 out of any money in the Treasury not otherwise appro-
8 priated, $5,000,000 to remain available until September
9 30, 2031, for audits, investigations, and other oversight
10 activities of projects and activities carried out with funds
11 made available to the Department of Agriculture under
12 this title.
13 SEC. 14002. ADDITIONAL SUPPORT FOR FARMWORKER AND
14 FOOD WORKER RELIEF GRANT PROGRAM.
15 In addition to amounts otherwise available, there is
16 appropriated to the Secretary of Agriculture for fiscal year
17 2022 to remain available until September 30, 2031, out
18 of any money in the Treasury not otherwise appropriated,
19 $200,000,000 to provide additional funds to the Secretary
20 for the Farmworker and Food Worker Relief Grant Pro-
21 gram of the Agricultural Marketing Service to provide ad-
22 ditional COVID–19 assistance relief payments for front-
23 line grocery workers.
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1 Subtitle F—Conservation
2 SEC. 15001. SOIL CONSERVATION ASSISTANCE.
3 (a) APPROPRIATION.—In addition to amounts other-
4 wise available, there are appropriated to the Secretary of
5 Agriculture (referred to in this section as the ‘‘Secretary’’)
6 for each of fiscal years 2022 through 2028, out of any
7 money in the Treasury not otherwise appropriated, such
8 sums as are necessary to carry out this section, to remain
9 available until expended, subject to the conditions that, for
10 purposes of providing payments under subsections (b), (c),
11 and (d), the Secretary shall not—
12 (1) enter into any agreement—
13 (A) that is for a term extending beyond
14 September 30, 2031; or
15 (B) under which any payment could be
16 outlaid or funds disbursed after September 30,
17 2031;
18 (2) use any other funds available to the Sec-
19 retary to satisfy obligations initially made under this
20 section; or
21 (3) interpret this section to authorize funds of
22 the Commodity Credit Corporation for such pay-
23 ments if such funds are not expressly authorized or
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24 currently expended for such purposes.
25 (b) AVAILABILITY OF PAYMENTS TO PRODUCERS.—
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1 (1) IN GENERAL.—Of the funds made available
2 under subsection (a), for each of the 2022 through
3 2026 crop years, the Secretary shall make payments
4 to the producers on a farm for which the producer
5 establishes 1 or more cover crop practices with re-
6 spect to the applicable crop year, as determined by
7 the Secretary, in accordance with this subsection,
8 subject to the condition that a producer receiving a
9 payment shall not receive a payment under any
10 other provision of law for the same practices on the
11 same acres.
12 (2) PAYMENT RATE.—The payment rate used
13 to make payments with respect to a producer who
14 establishes 1 or more cover crop practices under
15 paragraph (1) shall be $25 per acre of cover crop es-
16 tablished.
17 (3) ACRES ESTABLISHED.—The acres for which
18 a producer receives the payment rate under para-
19 graph (2) shall be equal to the total number of acres
20 on which the producer establishes 1 or more cover
21 crop practices, not to exceed 1,000 acres per pro-
22 ducer.
23 (c) AVAILABILITY OF PAYMENTS TO FARM OWN-
24 ERS.—
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1 (1) IN GENERAL.—Of the funds made available
2 under subsection (a), for each of the 2022 through
3 2026 crop years, the Secretary shall make payments
4 to the owners of a farm with respect to which a pro-
5 ducer establishes 1 or more cover crop practices pur-
6 suant to subsection (b), in accordance with this sub-
7 section, subject to the condition that an owner of a
8 farm may not receive a payment under this sub-
9 section and subsection (b) for the same farm or
10 acres, as determined by the Secretary.
11 (2) PAYMENT RATE.—The payment rate used
12 to make payments under paragraph (1) with respect
13 to the owner of a farm shall be $5 per acre of cover
14 crop established.
15 (3) ACRES ESTABLISHED.—The acres for which
16 the owner of a farm receives the payment rate under
17 paragraph (2) shall be equal to the total number of
18 acres for which the applicable producer establishes 1
19 or more cover crop practices, not to exceed 1,000
20 acres per owner.
21 (d) AVAILABILITY OF PAYMENTS FOR PREVENTED
22 PLANTING.—
23 (1) IN GENERAL.—Of the funds made available
24 under subsection (a) and in addition to any other
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25 payments or assistance, for the 2022 through 2026
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1 crop years, the Secretary shall make payments in ac-
2 cordance with this subsection to producers on farms
3 who establish 1 or more cover crop practices pursu-
4 ant to subsection (b).
5 (2) REQUIREMENTS.—To receive a payment
6 under this subsection, a producer—
7 (A) shall have—
8 (i) purchased a crop insurance policy
9 or plan of insurance under section 508(c)
10 of the Federal Crop Insurance Act (7
11 U.S.C. 1508(c)) for the applicable crop
12 year following the establishment of the
13 cover crop practice, as determined by the
14 Secretary;
15 (ii) established a cover crop practice
16 pursuant to subsection (b) on the farm for
17 which the insurance described in clause (i)
18 was purchased, as determined by the Sec-
19 retary; and
20 (iii) been unable to plant the crop for
21 which insurance was purchased; and
22 (B) as determined by the Secretary, shall
23 not—
24 (i) harvest the cover crop for market
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1 (ii) harvest the cover crop for seed for
2 purposes of marketing or sale, except that
3 a quantity may be harvested for seed for
4 on-farm usage only; or
5 (iii) otherwise use the acres for which
6 payments are received under this sub-
7 section for any unapproved uses or other
8 uses that seek to defeat or undermine the
9 purposes of this section.
10 (3) PAYMENT AMOUNT.—The Secretary shall
11 make payments to producers under this subsection
12 in an amount equal to the product obtained by mul-
13 tiplying—
14 (A) the total number of acres for which the
15 producer is eligible to receive a payment under
16 this subsection; and
17 (B) the difference between—
18 (i) 100 percent of the prevented plant-
19 ing guarantee, calculated without regard to
20 the establishment of the cover crop prac-
21 tices pursuant to subsection (b), applicable
22 for the insurance policy purchased by the
23 producer under section 508A of the Fed-
24 eral Crop Insurance Act (7 U.S.C. 1508a),
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1 (ii) the prevented planting indemnity
2 payment received by the producer under
3 that section and the policy purchased by
4 the producer for the applicable crop, as de-
5 termined by the Secretary.
6 SEC. 15002. ADDITIONAL AGRICULTURAL CONSERVATION
7 INVESTMENTS.
8 (a) APPROPRIATIONS.—In addition to amounts other-
9 wise available (and subject to subsection (b)), there are
10 appropriated to the Secretary of Agriculture (referred to
11 in this section as the ‘‘Secretary’’), out of any money in
12 the Treasury not otherwise appropriated, to remain avail-
13 able until September 30, 2031 (subject to the condition
14 that no such funds may be disbursed after September 30,
15 2031)—
16 (1) to carry out, using the facilities and au-
17 thorities of the Commodity Credit Corporation, the
18 environmental quality incentives program under sub-
19 chapter A of chapter 4 of subtitle D of title XII of
20 the Food Security Act of 1985 (16 U.S.C. 3839aa
21 through 3839aa–8)—
22 (A)(i) $300,000,000 for fiscal year 2022;
23 (ii) $500,000,000 for fiscal year 2023;
24 (iii) $1,750,000,000 for fiscal year 2024;
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1 (iv) $3,000,000,000 for fiscal year 2025;
2 and
3 (v) $3,450,000,000 for fiscal year 2026;
4 and
5 (B) subject to the conditions on the use of
6 the funds that—
7 (i) section 1240B(f)(1) of the Food
8 Security Act of 1985 (16 U.S.C. 3839aa–
9 2(f)(1)) shall not apply;
10 (ii) section 1240H(c)(2) of the Food
11 Security Act of 1985 (16 U.S.C. 3839aa–
12 8(c)(2)) shall be applied—
13 (I) by substituting
14 ‘‘$50,000,000’’ for ‘‘$25,000,000’’;
15 and
16 (II) with the Secretary
17 prioritizing proposals that utilize diet
18 and feed management to reduce en-
19 teric methane emissions from
20 ruminants;
21 (iii) the funds shall be available for 1
22 or more agricultural conservation practices
23 or enhancements that the Secretary deter-
24 mines directly improve soil carbon or re-
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1 emissions, or capture or sequester green-
2 house gas emissions, associated with agri-
3 cultural production; and
4 (iv) the Secretary shall prioritize
5 projects and activities that mitigate or ad-
6 dress climate change through the manage-
7 ment of agricultural production, including
8 by reducing or avoiding greenhouse gas
9 emissions;
10 (2) to carry out, using the facilities and au-
11 thorities of the Commodity Credit Corporation, the
12 conservation stewardship program under subchapter
13 B of that chapter (16 U.S.C. 3839aa–21 through
14 3839aa–25)—
15 (A)(i) $250,000,000 for fiscal year 2022;
16 (ii) $500,000,000 for fiscal year 2023;
17 (iii) $850,000,000 for fiscal year 2024;
18 (iv) $1,000,000,000 for fiscal year 2025;
19 and
20 (v) $1,500,000,000 for fiscal year 2026;
21 and
22 (B) subject to the conditions on the use of
23 the funds that—
24 (i) the funds shall only be available
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1 (I) 1 or more agricultural con-
2 servation practices or enhancements
3 that the Secretary determines directly
4 improve soil carbon or reduce nitrogen
5 losses or greenhouse gas emissions, or
6 capture or sequester greenhouse gas
7 emissions, associated with agricultural
8 production; or
9 (II) State-specific or region-spe-
10 cific groupings or bundles of agricul-
11 tural conservation activities for cli-
12 mate change mitigation appropriate
13 for cropland, pastureland, rangeland,
14 nonindustrial private forest land, and
15 producers transitioning to organic or
16 perennial production systems; and
17 (ii) the Secretary shall prioritize
18 projects and activities that mitigate or ad-
19 dress climate change through the manage-
20 ment of agricultural production, including
21 by reducing or avoiding greenhouse gas
22 emissions;
23 (3) to carry out, using the facilities and au-
24 thorities of the Commodity Credit Corporation, the
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1 subtitle H of title XII of that Act (16 U.S.C. 3865
2 through 3865d)—
3 (A)(i) $100,000,000 for fiscal year 2022;
4 (ii) $200,000,000 for fiscal year 2023;
5 (iii) $300,000,000 for fiscal year 2024;
6 (iv) $500,000,000 for fiscal year 2025; and
7 (v) $600,000,000 for fiscal year 2026; and
8 (B) subject to the condition on the use of
9 the funds that the Secretary shall prioritize
10 projects and activities that mitigate or address
11 climate change through the management of ag-
12 ricultural production, including by reducing or
13 avoiding greenhouse gas emissions; and
14 (4) to carry out, using the facilities and au-
15 thorities of the Commodity Credit Corporation, the
16 regional conservation partnership program under
17 subtitle I of title XII of that Act (16 U.S.C. 3871
18 through 3871f)—
19 (A)(i) $200,000,000 for fiscal year 2022;
20 (ii) $500,000,000 for fiscal year 2023;
21 (iii) $1,500,000,000 for fiscal year 2024;
22 (iv) $2,250,000,000 for fiscal year 2025;
23 and
24 (v) $3,050,000,000 for fiscal year 2026;
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1 (B) subject to the conditions on the use of
2 the funds that the Secretary—
3 (i) shall prioritize partnership agree-
4 ments under section 1271C(d) of the Food
5 Security Act of 1985 (16 U.S.C. 3871c(d))
6 that support the implementation of con-
7 servation projects that assist agricultural
8 producers and nonindustrial private
9 forestland owners in directly improving soil
10 carbon or reducing nitrogen losses or
11 greenhouse gas emissions, or capturing or
12 sequestering greenhouse gas emissions, as-
13 sociated with agricultural production;
14 (ii) shall prioritize projects and activi-
15 ties that mitigate or address climate
16 change through the management of agri-
17 cultural production, including by reducing
18 or avoiding greenhouse gas emissions; and
19 (iii) may prioritize projects that—
20 (I) leverage corporate supply
21 chain sustainability commitments; or
22 (II) utilize models that pay for
23 outcomes from targeting methane and
24 nitrous oxide emissions associated
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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; or
10 (2) use any other funds available to the Sec-
11 retary to satisfy obligations initially made under this
12 section.
13 (c) CONFORMING AMENDMENTS.—
14 (1) Section 1240B of the Food Security Act of
15 1985 (16 U.S.C. 3839aa–2) is amended—
16 (A) in subsection (a), by striking ‘‘2023’’
17 and inserting ‘‘2031’’; and
18 (B) in subsection (f)(2)(B)—
19 (i) in the subparagraph heading, by
20 striking ‘‘2023’’ and inserting ‘‘2031’’; and
21 (ii) by striking ‘‘2023’’ and inserting
22 ‘‘2031’’.
23 (2) Section 1240H of the Food Security Act of
24 1985 (16 U.S.C. 3839aa–8) is amended by striking
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25 ‘‘2023’’ each place it appears and inserting ‘‘2031’’.
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1 (3) Section 1240J(a) of the Food Security Act
2 of 1985 (16 U.S.C. 3839aa–22(a)) is amended, in
3 the matter preceding paragraph (1), by striking
4 ‘‘2023’’ and inserting ‘‘2031’’.
5 (4) Section 1240L(h)(2)(A) of the Food Secu-
6 rity Act of 1985 (16 U.S.C. 3839aa–24(h)(2)(A)) is
7 amended by striking ‘‘2023’’ and inserting ‘‘2031’’.
8 (5) Section 1241 of the Food Security Act of
9 1985 (16 U.S.C. 3841) is amended—
10 (A) in subsection (a)—
11 (i) in the matter preceding paragraph
12 (1), by striking ‘‘2023’’ and inserting
13 ‘‘2031’’;
14 (ii) in paragraph (1), by striking
15 ‘‘2023’’ each place it appears and inserting
16 ‘‘2031’’;
17 (iii) in paragraph (2)(F), by striking
18 ‘‘2023’’ and inserting ‘‘2031’’; and
19 (iv) in paragraph (3), by striking ‘‘fis-
20 cal year 2023’’ each place it appears and
21 inserting ‘‘each of fiscal years 2023
22 through 2031’’;
23 (B) in subsection (b), by striking ‘‘2023’’
24 and inserting ‘‘2031’’; and
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1 (i) in paragraph (1)(B), in the sub-
2 paragraph heading, by striking ‘‘2023’’ and
3 inserting ‘‘2031’’; and
4 (ii) by striking ‘‘2023’’ each place it
5 appears and inserting ‘‘2031’’.
6 (6) Section 1244(n)(3)(A) of the Food Security
7 Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is amended
8 by striking ‘‘2023’’ and inserting ‘‘2031’’.
9 (7) Section 1271D(a) of the Food Security Act
10 of 1985 (16 U.S.C. 3871d(a)) is amended by strik-
11 ing ‘‘2023’’ and inserting ‘‘2031’’.
12 SEC. 15003. CONSERVATION TECHNICAL ASSISTANCE.
13 (a) APPROPRIATIONS.—In addition to amounts other-
14 wise available (and subject to subsection (b)), there are
15 appropriated to the Secretary of Agriculture (referred to
16 in this section as the ‘‘Secretary’’) for fiscal year 2022,
17 out of any money in the Treasury not otherwise appro-
18 priated, to remain available until September 30, 2031
19 (subject to the condition that no such funds may be dis-
20 bursed after September 30, 2031)—
21 (1) $200,000,000 to provide conservation tech-
22 nical assistance through the Natural Resources Con-
23 servation Service;
24 (2) $50,000,000 to carry out climate change
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25 adaptation and mitigation activities through the
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1 Natural Resources Conservation Service by working
2 with the Regional Climate Hubs designed to provide
3 information and technical support on climate smart
4 agriculture and forestry to agricultural producers,
5 landowners, and resource managers, as determined
6 by the Secretary; and
7 (3) $600,000,000 to carry out a carbon seques-
8 tration and greenhouse gas emissions quantification
9 program through which the Natural Resources Con-
10 servation Service, including through technical service
11 providers and other partners, shall collect field-based
12 data to assess the carbon sequestration and green-
13 house gas emissions reduction outcomes associated
14 with activities carried out pursuant to this section
15 and use the data to monitor and track greenhouse
16 gas emissions and carbon sequestration trends
17 through the Greenhouse Gas Inventory and Assess-
18 ment Program of the Department of Agriculture.
19 (b) CONDITIONS.—The funds made available under
20 this section are subject to the conditions that the Sec-
21 retary shall not—
22 (1) enter into any agreement—
23 (A) that is for a term extending beyond
24 September 30, 2031; or
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1 (B) under which any payment could be
2 outlaid or funds disbursed after September 30,
3 2031;
4 (2) use any other funds available to the Sec-
5 retary to satisfy obligations initially made under this
6 section; or
7 (3) interpret this section to authorize funds of
8 the Commodity Credit Corporation for activities
9 under this section if such funds are not expressly
10 authorized or currently expended for such purposes.
11 (c) ADMINISTRATIVE COSTS.—In addition to
12 amounts otherwise available, there is appropriated to the
13 Secretary for fiscal year 2022, out of any money in the
14 Treasury not otherwise appropriated, $100,000,000, to re-
15 main available until September 30, 2028, for administra-
16 tive costs of the agencies and offices of the Department
17 of Agriculture for costs related to implementing this sec-
18 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),
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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
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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
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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
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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-
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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
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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
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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
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1 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.—
2 The term ‘first generation college student’ has the
3 meaning given the term in section 402A(h)(3).
4 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
5 The term ‘institution of higher education’ has the
6 meaning given the term in section 101 or
7 102(a)(1)(B).
8 ‘‘(5) STATE.—The term ‘State’ means each of
9 the 50 States of the United States, the District of
10 Columbia, the Commonwealth of Puerto Rico, Amer-
11 ican Samoa, Guam, the United States Virgin Is-
12 lands, the Commonwealth of the Northern Mariana
13 Islands, and the Freely Associated States.
14 ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The
15 term ‘Tribal College or University’ has the meaning
16 given the term in section 316(b)(3).
17 ‘‘(j) APPROPRIATION.—In addition to amounts other-
18 wise available, there is appropriated for fiscal year 2022,
19 out of any money in the Treasury not otherwise appro-
20 priated—
21 ‘‘(1) $310,000,000 to remain available until
22 September 30, 2030, to award competitive grants to
23 eligible entities that are not Tribal Colleges and Uni-
24 versities to carry out the approved activities de-
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1 scribed in the applications submitted under sub-
2 section (b);
3 ‘‘(2) $37,500,000 to remain available until Sep-
4 tember 30, 2030, to award competitive grants to
5 Tribal Colleges and Universities to carry out the ap-
6 proved activities described in the applications sub-
7 mitted under subsection (b);
8 ‘‘(3) $95,000,000 to remain available until Sep-
9 tember 30, 2030, to supplement the competitive
10 grant amounts awarded to eligible entities with
11 funds available under paragraph (1) and (2) to im-
12 plement reforms or practices that meet evidence tier
13 1;
14 ‘‘(4) $47,500,000 to remain available until Sep-
15 tember 30, 2030, to supplement the competitive
16 grant amounts awarded to eligible entities with
17 funds available under paragraphs (1) and (2) to im-
18 plement reforms or practices that meet evidence tier
19 1 or evidence tier 2, or a combination of such re-
20 forms or practices; and
21 ‘‘(5) $10,000,000 to remain available until Sep-
22 tember 30, 2030, to evaluate the effectiveness of the
23 activities carried out under this section.
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1 ‘‘(k) SUNSET.—The authority to make grants under
2 this section shall expire at the end of award year 2026–
3 2027.
4 ‘‘(l) INAPPLICABILITY OF GEPA CONTINGENT EX-
5 TENSION OF PROGRAMS.—Section 422 of the General
6 Education Provisions Act shall not apply to this part.’’.
7 SEC. 20025. INSTITUTIONAL AID.
8 (a) IN GENERAL.—In addition to amounts otherwise
9 available, there is appropriated for fiscal year 2022, out
10 of any money in the Treasury not otherwise appro-
11 priated—
12 (1) $470,640,000, to remain available until
13 September 30, 2028, for carrying out section
14 371(b)(2)(B) of the Higher Education Act of 1965
15 in fiscal year 2022;
16 (2) $470,640,000, to remain available until
17 September 30, 2028, for carrying out section
18 371(b)(2)(B) of the Higher Education Act of 1965
19 in fiscal year 2023;
20 (3) $470,640,000, to remain available until
21 September 30, 2028, for carrying out section
22 371(b)(2)(B) of the Higher Education Act of 1965
23 in fiscal year 2024;
24 (4) $470,640,000, to remain available until
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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
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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-
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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
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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-
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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
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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-
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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-
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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
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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
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25 (2) in paragraph (2)—
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1 (A) in the first sentence, by striking
2 ‘‘$1,100’’ and inserting ‘‘$20,740’’; and
3 (B) in the second sentence, by striking
4 ‘‘$1,100’’ and inserting ‘‘$11,620’’.
5 (c) MIGRANT AND SEASONAL AGRICULTURAL WORK-
6 ER PROTECTION ACT.—Section 503(a)(1) of the Migrant
7 and Seasonal Agricultural Worker Protection Act (29
8 U.S.C. 1853(a)(1)) is amended by striking ‘‘$1,000’’ and
9 inserting ‘‘$25,790’’.
10 (d) EFFECTIVE DATE.—The amendments made by
11 this section shall take effect on January 1, 2022.
12 SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIO-
13 LATIONS.
14 (a) CIVIL MONETARY PENALTIES RELATING TO PAR-
15 ITY IN MENTAL HEALTH AND SUBSTANCE USE DIS-
16 ORDERS.—Section 502(c)(10) of the Employee Retirement
17 Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A))
18 is amended—
19 (1) in the heading, by striking ‘‘USE OF GE-
20 NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
21 NETIC INFORMATION AND PARITY IN MENTAL
22 HEALTH AND SUBSTANCE USE DISORDER BENE-
23 FITS’’; and
24 (2) in subparagraph (A)—
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1 (A) by striking ‘‘any plan sponsor of a
2 group health plan’’ and inserting ‘‘any plan
3 sponsor or plan administrator of a group health
4 plan’’; and
5 (B) by striking ‘‘for any failure’’ and all
6 that follows through ‘‘in connection with the
7 plan.’’ and inserting ‘‘for any failure by such
8 sponsor, administrator, or issuer, in connection
9 with the plan—
10 ‘‘(i) to meet the requirements of sub-
11 section (a)(1)(F), (b)(3), (c), or (d) of sec-
12 tion 702 or section 701 or 702(b)(1) with
13 respect to genetic information; or
14 ‘‘(ii) to meet the requirements of sub-
15 section (a) of section 712 with respect to
16 parity in mental health and substance use
17 disorder benefits.’’.
18 (b) EXCEPTION TO THE GENERAL PROHIBITION ON
19 ENFORCEMENT.—Section 502 of such Act (29 U.S.C.
20 1132) is amended—
21 (1) in subsection (a)(6), by striking ‘‘or (9)’’
22 and inserting ‘‘(9), or (10)’’; and
23 (2) in subsection (b)(3)—
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1 (A) by striking ‘‘subsections (c)(9) and
2 (a)(6)’’ and inserting ‘‘subsections (c)(9),
3 (c)(10), and (a)(6)’’;
4 (B) by striking ‘‘under subsection (c)(9))’’
5 and inserting ‘‘under subsections (c)(9) and
6 (c)(10)), and except with respect to enforce-
7 ment by the Secretary of section 712’’; and
8 (C) by striking ‘‘706(a)(1)’’ and inserting
9 ‘‘733(a)(1)’’.
10 (c) EFFECTIVE DATE.—The amendments made by
11 subsection (a) shall apply with respect to group health
12 plans, or any health insurance issuer offering health insur-
13 ance coverage in connection with such plan, for plan years
14 beginning after the date that is 1 year after the date of
15 enactment of this Act.
16 SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RE-
17 LATIONS ACT.
18 (a) IN GENERAL.—Section 12 of the National Labor
19 Relations Act (29 U.S.C. 162) is amended—
20 (1) by striking ‘‘SEC. 12. Any person’’ and in-
21 serting the following:
22 ‘‘SEC. 12. PENALTIES.
23 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH
24 BOARD.—Any person’’; and
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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;
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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
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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-
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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
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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
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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-
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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
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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-
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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
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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-
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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)
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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
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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
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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
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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
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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-
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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
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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
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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
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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
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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
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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,
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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-
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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
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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-
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25 ings given such terms in paragraphs (3), (23), and
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1 (55), respectively, of section 3 of the Carl D. Per-
2 kins Career and Technical Education Act of 2006
3 (20 U.S.C. 2302).
4 (2) WIOA DEFINITIONS.—The terms ‘‘career
5 pathway’’, ‘‘career planning’’, ‘‘individual with a bar-
6 rier to employment’’, ‘‘local board’’, ‘‘older indi-
7 vidual’’, ‘‘on-the-job training’’, ‘‘recognized postsec-
8 ondary credential’’, and ‘‘State board’’ have the
9 meanings given such terms paragraphs (7), (8),
10 (24), (33), (39), (44), (52), and (57), respectively,
11 of section 3 of the Workforce Innovation and Oppor-
12 tunity Act (29 U.S.C. 3102).
13 (3) OTHER DEFINITIONS.—
14 (A) DIRECT SUPPORT WORKER.—The term
15 ‘‘direct support worker’’ means—
16 (i) a direct support professional;
17 (ii) a worker providing direct care
18 services, which may include palliative care,
19 in a home or community-based setting;
20 (iii) a respite care provider who pro-
21 vides short-term support and care to an in-
22 dividual in order to provide relief to a fam-
23 ily caregiver;
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1 (iv) a direct care worker, as defined in
2 section 799B of the Public Health Service
3 Act (42 U.S.C. 295p); or
4 (v) an individual in any other position
5 or job related to those described in clauses
6 (i) through (iv), as determined by the Sec-
7 retary in consultation with the Secretary of
8 Health and Human Services acting
9 through the Administrator for the Admin-
10 istration for Community Living.
11 (B) ELIGIBLE ENTITY.—The term ‘‘eligible
12 entity’’ means an entity that is—
13 (i) a State;
14 (ii) a labor organization or a joint
15 labor-management organization;
16 (iii) a nonprofit organization with ex-
17 perience in aging, disability, supporting the
18 rights and interests of direct support work-
19 ers, or training or educating direct support
20 workers;
21 (iv) an Indian Tribe or Tribal organi-
22 zation;
23 (v) an urban Indian organization;
24 (vi) a State board or local board;
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1 (vii) an area agency on aging (as de-
2 fined in section 102 of the Older Ameri-
3 cans Act of 1965 (42 U.S.C. 3002));
4 (viii) when in partnership with an en-
5 tity described in any of clauses (i) through
6 (vii) or with a consortium described in
7 clause (ix)—
8 (I) an institution of higher edu-
9 cation (as defined in section 101 of
10 the Higher Education Act of 1965 (20
11 U.S.C. 1001) or section 102(a)(1)(B)
12 of such Act (20 U.S.C.
13 1002(a)(1)(B))); or
14 (II) an area career and technical
15 education school; or
16 (ix) a consortium of entities listed in
17 any of clauses (i) through (vii).
18 (C) FAMILY CAREGIVER.—The term ‘‘fam-
19 ily caregiver’’ means a paid or unpaid adult
20 family member or other individual who has a
21 significant relationship with, and who provides
22 a broad range of assistance to, an individual
23 with a chronic or other health condition, dis-
24 ability, or functional limitation.
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1 (D) HOME AND COMMUNITY-BASED SERV-
2 ICES.—The term ‘‘home and community-based
3 services’’ has the meaning given such term in
4 section 9817(a)(2) of the American Rescue
5 Plan Act of 2021 (Public Law 117–2).
6 (E) PERSON WITH A DISABILITY.—The
7 term ‘‘person with a disability’’ means an indi-
8 vidual with a disability as defined in section 3
9 of the Americans with Disabilities Act of 1990
10 (42 U.S.C. 12102).
11 (F) PRE-APPRENTICESHIP PROGRAM.—The
12 term ‘‘pre-apprenticeship program’’ means a
13 program that articulates to a registered appren-
14 ticeship program.
15 (G) REGISTERED APPRENTICESHIP PRO-
16 GRAM.—The term ‘‘registered apprenticeship
17 program’’ means an apprenticeship program
18 registered with the Office of Apprenticeship of
19 the Employment Training Administration of the
20 Department of Labor or a State apprenticeship
21 agency recognized by the Office of Apprentice-
22 ship pursuant to the Act of August 16, 1937
23 (commonly known as the ‘‘National Apprentice-
24 ship Act’’; 50 Stat. 664, chapter 663).
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1 (H) SECRETARY.—The term ‘‘Secretary’’
2 means the Secretary of Labor.
3 (I) STATE.—The term ‘‘State’’ means each
4 of the 50 States of the United States, the Dis-
5 trict of Columbia, the Commonwealth of Puerto
6 Rico, American Samoa, Guam, the United
7 States Virgin Islands, and the Commonwealth
8 of the Northern Mariana Islands.
9 SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORK-
10 FORCE.
11 (a) GRANTS AUTHORIZED.—In addition to amounts
12 otherwise available, there is appropriated to the Secretary
13 for fiscal year 2022, out of any money in the Treasury
14 not otherwise appropriated, $1,000,000,000, to remain
15 available until September 30, 2031, for awarding, on a
16 competitive basis, grants to eligible entities to carry out
17 the activities described in subsection (c) with respect to
18 direct support workers.
19 (b) APPLICATIONS; AWARD BASIS.—
20 (1) APPLICATIONS.—
21 (A) IN GENERAL.—An eligible entity seek-
22 ing a grant under subsection (a) shall submit to
23 the Secretary an application at such time, in
24 such manner, and containing such information
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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
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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
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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
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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
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25 registered apprenticeship programs,
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1 work-based learning, or on-the-job
2 training;
3 (II) providing on-the-job super-
4 vision or mentoring to support the de-
5 velopment of related skills and com-
6 petencies throughout completion of
7 such credentials; and
8 (III) training on the in-demand
9 skills and competencies of direct sup-
10 port workers served by the grant, in-
11 cluding the provision of culturally
12 competent and disability competent
13 supports and services.
14 (d) SUPPLEMENT AND NOT SUPPLANT.—An eligible
15 entity receiving a grant under this section shall use such
16 grant only to supplement, and not supplant, the amount
17 of funds that, in the absence of such grant, would be avail-
18 able to the eligible entity to address the recruitment, edu-
19 cation and training, retention, or career advancement of
20 direct support workers in the State served by the grant.
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1 PART 5—DEPARTMENT OF LABOR INSPECTOR
2 GENERAL AND PROGRAM ADMINISTRATION
3 FUNDING
4 SEC. 22401. DEPARTMENT OF LABOR INSPECTOR GENERAL.
5 In addition to amounts otherwise available, there is
6 appropriated to the Office of Inspector General of the De-
7 partment of Labor for fiscal year 2022, out of any money
8 in the Treasury not otherwise appropriated, $40,000,000,
9 to remain available until expended, for salaries and ex-
10 penses necessary for oversight, investigations, and audits
11 of programs, grants, and projects of the Department of
12 Labor funded under this subtitle and subtitle B of this
13 title.
14 SEC. 22402. PROGRAM ADMINISTRATION.
15 In addition to amounts otherwise available, there is
16 appropriated to the Department of Labor for fiscal year
17 2022, out of any money in the Treasury not otherwise ap-
18 propriated, $90,000,000, to remain available until Sep-
19 tember 30, 2029, for program administration within the
20 Department of Labor for salaries and expenses necessary
21 to implement part 1 (other than section 22007), and parts
22 3 and 4, of this subtitle.
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1 Subtitle D—Child Care and
2 Universal Pre-kindergarten
3 SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY
4 LEARNING ENTITLEMENT.
5 (a) CHILD CARE DEFINITIONS.—The definitions in
6 section 658P of the Child Care and Development Block
7 Grant Act of 1990 (42 U.S.C. 9858n) shall apply to this
8 section, except as provided in subsection (b) and as other-
9 wise specified.
10 (b) ADDITIONAL DEFINITIONS.—In this section:
11 (1) CHILD CARE CERTIFICATE.—
12 (A) IN GENERAL.—The term ‘‘child care
13 certificate’’ means a certificate (that may be a
14 check or other disbursement) that is issued by
15 a State, Tribal, territorial, or local government
16 under this section directly to a parent who shall
17 use such certificate only as payment for child
18 care services or as a deposit for child care serv-
19 ices if such a deposit is required of other chil-
20 dren being cared for by the provider.
21 (B) RULE.—Nothing in this section shall
22 preclude the use of such certificates for sec-
23 tarian child care services if freely chosen by the
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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-
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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-
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25 sions for Federal employees), a State or local
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1 paid or unpaid leave law, or a program of em-
2 ployer-provided leave.
3 (4) ELIGIBLE CHILD.—
4 (A) IN GENERAL.—The term ‘‘eligible
5 child’’ means an individual, subject to sub-
6 section (g)(1)(C)(i)(III)—
7 (i) who is less than 6 years of age;
8 (ii) who is not yet in kindergarten;
9 (iii) whose family income—
10 (I) does not exceed 100 percent
11 of the State median income for a fam-
12 ily of the same size for fiscal year
13 2022;
14 (II) does not exceed 125 percent
15 of such State median income for fiscal
16 year 2023;
17 (III) does not exceed 150 percent
18 of such State median income for fiscal
19 year 2024; and
20 (IV) does not exceed 250 percent
21 of such State median income for each
22 of the fiscal years 2025 through 2027;
23 and
24 (iv) who—
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1 (I) resides with a parent or par-
2 ents who are participating in an eligi-
3 ble activity;
4 (II) is included in a population of
5 vulnerable children identified by the
6 lead agency involved, which at a min-
7 imum shall include children with dis-
8 abilities, infants and toddlers with dis-
9 abilities, children experiencing home-
10 lessness, children in foster care, chil-
11 dren in kinship care, and children who
12 are receiving, or need to receive, child
13 protective services; or
14 (III) resides with a parent who is
15 more than 65 years of age.
16 (B) EXPANDED ELIGIBILITY RULE FOR
17 FISCAL YEARS 2022 THROUGH 2024.—
18 (i) IN GENERAL.—A child who is eligi-
19 ble to receive services under this subpara-
20 graph shall be treated as an eligible child
21 for the other provisions of this section.
22 (ii) RULE.—Notwithstanding subpara-
23 graph (A)(iii), a State may use the pay-
24 ments under subsection (g)(1) for fiscal
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25 year 2022, 2023, or 2024, to provide di-
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1 rect child care services described in sub-
2 section (h)(1)(A) to children who meet the
3 requirements of clauses (i), (ii), and (iv) of
4 subparagraph (A) and whose family income
5 exceeds the percentage specified in sub-
6 paragraph (A)(iii) (but does not exceed
7 250 percent) of State median income for a
8 family of the same size for a given fiscal
9 year, if the State has appropriately
10 prioritized, subject to approval by the Sec-
11 retary, assistance for such services based
12 on family income.
13 (iii) VARIATION IN COST OF LIVING.—
14 In determining eligibility under this sub-
15 paragraph, the State may take into consid-
16 eration geographic variation in the cost of
17 living among regions of the State and ex-
18 pand eligibility for children described in
19 clause (ii) in a region of the State based
20 on such variation, subject to approval by
21 the Secretary.
22 (5) ELIGIBLE CHILD CARE PROVIDER.—
23 (A) IN GENERAL.—The term ‘‘eligible child
24 care provider’’ means a center-based child care
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25 provider, a family child care provider, or other
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1 provider of child care services for compensation
2 that—
3 (i) is licensed to provide child care
4 services under State law or, in the case of
5 an Indian Tribe or Tribal organization,
6 meets the rules set by the Secretary;
7 (ii) participates in the State’s tiered
8 system for measuring the quality of eligible
9 child care providers described in subsection
10 (f)(4)(B), or, in the case of an Indian
11 Tribe or Tribal organization, meets the
12 rules set by the Secretary—
13 (I) not later than the last day of
14 the third fiscal year for which the
15 State receives funds under this sec-
16 tion; and
17 (II) for the remainder of the pe-
18 riod for which the provider receives
19 funds under this section; and
20 (iii) satisfies the State and local re-
21 quirements, including those requirements
22 described in section 658E(c)(2)(I) of the
23 Child Care and Development Block Grant
24 Act of 1990 (42 U.S.C. 9858c(c)(2)(I)).
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1 (B) SPECIAL RULE.—A child care provider
2 who is eligible to provide child care services in
3 a State for children receiving assistance under
4 the Child Care and Development Block Grant
5 Act of 1990 on the date the State submits an
6 application for funds under this section, and re-
7 mains in compliance with any licensing or reg-
8 istration standards, or regulations, of the State,
9 shall be deemed to be an eligible child care pro-
10 vider under this section for 3.5 years after the
11 State first receives funding under this section.
12 (6) FMAP.—The term ‘‘FMAP’’ has the mean-
13 ing given the term ‘‘Federal medical assistance per-
14 centage’’ in the first sentence of section 1905(b) of
15 the Social Security Act (42 U.S.C. 1396d(b)).
16 (7) FAMILY CHILD CARE PROVIDER.—The term
17 ‘‘family child care provider’’ means one or more indi-
18 viduals who provide child care services, in a private
19 residence other than the residences of the children
20 involved, for less than 24 hours per day per child,
21 or for 24 hours per day per child due to the nature
22 of the work of the parent involved.
23 (8) INCLUSIVE CARE.—The term ‘‘inclusive’’,
24 with respect to care (including child care), means
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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-
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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-
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25 able until September 30, 2027, to carry
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1 out the child care program in fiscal year
2 2024.
3 (B) INDIAN TRIBE AND TRIBAL ORGANIZA-
4 TION ENTITLEMENT.—In addition to amounts
5 otherwise available, there is appropriated to the
6 Department of Health and Human Services,
7 out of any money in the Treasury not otherwise
8 appropriated, such sums as may be necessary
9 for each of fiscal years 2025 through 2027, for
10 payments to Indian Tribes and Tribal organiza-
11 tions, for the purpose of carrying out the child
12 care program described in this section (other
13 than carrying out activities described in para-
14 graph (4), (5), or (6)), consistent, to the extent
15 practicable as determined by the Secretary,
16 with the requirements applicable to States.
17 (3) TERRITORIES.—
18 (A) TERRITORY APPROPRIATIONS.—In ad-
19 dition to amounts otherwise available, there is
20 appropriated to the Department of Health and
21 Human Services for fiscal year 2022, out of any
22 money in the Treasury not otherwise appro-
23 priated, for grants to Guam, American Samoa,
24 the Commonwealth of the Northern Mariana Is-
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25 lands, and the United States Virgin Islands for
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1 the purpose of carrying out the child care pro-
2 gram described in this section (other than car-
3 rying out activities described in paragraph (4),
4 (5), or (6)), consistent, to the extent practicable
5 as determined by the Secretary, with the re-
6 quirements applicable to States—
7 (i) $120,000,000, to remain available
8 until September 30, 2027, to carry out the
9 child care program in fiscal year 2022;
10 (ii) $170,000,000, to remain available
11 until September 30, 2027, to carry out the
12 child care program in fiscal year 2023; and
13 (iii) $210,000,000, to remain available
14 until September 30, 2027, to carry out the
15 child care program in fiscal year 2024.
16 (B) TERRITORY ENTITLEMENT.—In addi-
17 tion to amounts otherwise available, there is ap-
18 propriated to the Department of Health and
19 Human Services, out of any money in the
20 Treasury not otherwise appropriated, such sums
21 as may be necessary for each of fiscal years
22 2025 through 2027, for payments to territories,
23 for the purpose of carrying out the child care
24 program described in this section (other than
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25 carrying out activities described in paragraph
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1 (4), (5), or (6)), consistent, to the extent prac-
2 ticable as determined by the Secretary, with the
3 requirements applicable to States.
4 (4) GRANTS TO LOCALITIES.—In addition to
5 amounts otherwise available, there is appropriated to
6 the Department of Health and Human Services for
7 fiscal year 2022, out of any money in the Treasury
8 not otherwise appropriated—
9 (A) $950,000,000, to remain available
10 until September 30, 2027, to carry out the pro-
11 gram of grants to localities described in sub-
12 section (i)(2) in fiscal year 2023;
13 (B) $950,000,000, to remain available
14 until September 30, 2027, to carry out the pro-
15 gram of grants to localities described in sub-
16 section (i)(2) in fiscal year 2024;
17 (C) $950,000,000, to remain available
18 until September 30, 2027, to carry out the pro-
19 gram of grants to localities described in sub-
20 section (i)(2) in fiscal year 2025;
21 (D) $950,000,000, to remain available
22 until September 30, 2027, to carry out the pro-
23 gram of grants to localities described in sub-
24 section (i)(2) in fiscal year 2026; and
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1 (E) $950,000,000, to remain available
2 until September 30, 2027, to carry out the pro-
3 gram of grants to localities described in sub-
4 section (i)(2) in fiscal year 2027.
5 (5) HEAD START EXPANSION IN NONPARTICI-
6 PATING STATES.—In addition to amounts otherwise
7 available, there is appropriated to the Department of
8 Health and Human Services for fiscal year 2022,
9 out of any money in the Treasury not otherwise ap-
10 propriated—
11 (A) $2,850,000,000, to remain available
12 until September 30, 2027, to carry out the pro-
13 gram of awards to Head Start agencies de-
14 scribed in subsection (i)(3) in fiscal year 2023;
15 (B) $2,850,000,000, to remain available
16 until September 30, 2027, to carry out the pro-
17 gram of awards to Head Start agencies de-
18 scribed in subsection (i)(3) in fiscal year 2024;
19 (C) $2,850,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of awards to Head Start agencies de-
22 scribed in subsection (i)(3) in fiscal year 2025;
23 (D) $2,850,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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25 gram of awards to Head Start agencies de-
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1 scribed in subsection (i)(3) in fiscal year 2026;
2 and
3 (E) $2,850,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of awards to Head Start agencies de-
6 scribed in subsection (i)(3) in fiscal year 2027.
7 (6) FEDERAL ADMINISTRATION.—
8 (A) FISCAL YEARS 2022 THROUGH 2025.—
9 In addition to amounts otherwise available,
10 there is appropriated to the Department of
11 Health and Human Services for fiscal year
12 2022, out of any money in the Treasury not
13 otherwise appropriated—
14 (i) $130,000,000, to remain available
15 until September 30, 2027, to carry out
16 subsections (k) and (l) in fiscal year 2022;
17 (ii) $130,000,000, to remain available
18 until September 30, 2027, to carry out
19 subsections (k) and (l) in fiscal year 2023;
20 (iii) $130,000,000, to remain available
21 until September 30, 2027, to carry out
22 subsections (k) and (l) in fiscal year 2024;
23 and
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1 (iv) $130,000,000, to remain available
2 until September 30, 2027, to carry out
3 subsections (k) and (l) in fiscal year 2025.
4 (B) FISCAL YEARS 2026 THROUGH 2027.—
5 In addition to amounts otherwise available,
6 there is appropriated to the Department of
7 Health and Human Services, out of any money
8 in the Treasury not otherwise appropriated, for
9 each of fiscal years 2026 and 2027, an amount
10 equal to 1.06 percent of the prior year’s appro-
11 priation under paragraph (1)(B), to carry out
12 subsections (k) and (l).
13 (d) ESTABLISHMENT OF BIRTH THROUGH FIVE
14 CHILD CARE AND EARLY LEARNING ENTITLEMENT PRO-
15 GRAM.—
16 (1) IN GENERAL.—The Secretary is authorized
17 to administer a child care and early learning entitle-
18 ment program under which an eligible child, in a
19 State, territory, or Indian Tribe, or served by a
20 Tribal organization, with an approved application
21 under subsection (f) or (g), shall be provided an op-
22 portunity to obtain high-quality child care services,
23 subject to the requirements of this section.
24 (2) ASSISTANCE
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FOR EVERY ELIGIBLE
25 CHILD.—Beginning on October 1, 2024, every child
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1 who applies for assistance under this section, who is
2 in a State with an approved application under sub-
3 section (g), or in a territory or Indian Tribe or
4 served by a Tribal organization with an approved
5 application under subsection (f), and who is deter-
6 mined, by a lead agency (or other entity designated
7 by a lead agency) for the State, territory, Indian
8 Tribe, or Tribal organization involved, following
9 standards and procedures established by the Sec-
10 retary by rule, to be an eligible child, shall be offered
11 assistance for direct child care services in accordance
12 with and subject to the requirements and limitations
13 of this section.
14 (e) LEAD AGENCY.—The Governor of a State or the
15 head of a territory or Indian Tribe, desiring for the State,
16 territory, or Indian tribe or a related tribal organization
17 to receive a payment under this section, shall designate
18 a lead agency (such as a State agency or joint interagency
19 office) to administer the child care program carried out
20 under this section.
21 (f) APPLICATIONS AND STATE PLANS.—
22 (1) APPLICATION.—To be eligible to receive as-
23 sistance under this section, a State shall prepare
24 and submit to the Secretary for approval an applica-
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25 tion containing a State plan that—
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1 (A) for a transitional State plan, meets the
2 requirements under paragraph (3) and contains
3 such information as the Secretary may require,
4 to demonstrate the State will meet the require-
5 ments of this section; and
6 (B) for a full State plan, meets the re-
7 quirements under paragraph (4) and contains
8 that information.
9 (2) PERIOD COVERED BY PLAN.—A State plan
10 contained in the application shall be designed to be
11 implemented—
12 (A) for a transitional State plan, during a
13 period of not more than 3 years; and
14 (B) for a full State plan, during a period
15 of not more than 3 years.
16 (3) REQUIREMENTS FOR TRANSITIONAL STATE
17 PLANS.—For a period of not more than 3 years fol-
18 lowing the date of enactment of this Act, the Sec-
19 retary shall award funds under this section to States
20 with an approved application that contains a transi-
21 tional State plan, submitted under paragraph (1)(A)
22 at such time, in such manner, and containing such
23 information as the Secretary shall require, including,
24 at a minimum—
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1 (A) an assurance that the State will sub-
2 mit a State plan under paragraph (4); and
3 (B) a description of how the funds received
4 by the State under this section will be spent to
5 expand access to assistance for direct child care
6 services and increase the supply and quality of
7 child care providers within the State, in align-
8 ment with the requirements of this section.
9 (4) REQUIREMENTS FOR FULL STATE PLANS.—
10 The Secretary shall award funds under this section
11 to States with an approved application that contains
12 a full State plan, submitted under paragraph (1)(B),
13 at such time, in such manner, and containing such
14 information as the Secretary shall by rule require,
15 including, at a minimum, the following:
16 (A) PAYMENT RATES AND COST ESTI-
17 MATION.—
18 (i) PAYMENT RATES.—The State plan
19 shall certify that payment rates for the
20 provision of direct child care services for
21 which assistance is provided in accordance
22 with this section for the period covered by
23 the plan, within 3 years after the State
24 first receives funds under this section—
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1 (I) will be sufficient to meet the
2 cost of child care, and set in accord-
3 ance with a cost estimation model or
4 cost study described in clause (ii) that
5 is approved by the Secretary; and
6 (II) will correspond to differences
7 in quality (including improved quality)
8 based on the State’s tiered system for
9 measuring the quality of eligible child
10 care providers described in subpara-
11 graph (B).
12 (ii) COST ESTIMATION.—Such State
13 plan shall—
14 (I) demonstrate that the State
15 has, after consulting with relevant en-
16 tities and stakeholders, developed and
17 uses a statistically valid and reliable
18 cost estimation model or cost study
19 for the payment rates for direct child
20 care services in the State that reflect
21 rates for providers at each of the tiers
22 of the State’s tiered system for meas-
23 uring the quality of eligible child care
24 providers described in subparagraph
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25 (B), and variations in the cost of di-
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1 rect child care services by geographic
2 area, type of provider, and age of
3 child, and the additional costs associ-
4 ated with providing inclusive care;
5 (II) certify that the State’s pay-
6 ment rates for direct child care serv-
7 ices for which assistance is provided
8 in accordance with this section—
9 (aa) are set in accordance
10 with the most recent estimates
11 from the most recent cost esti-
12 mation model or cost study under
13 subclause (I), so that providers
14 at each tier of the tiered system
15 for measuring provider quality
16 described in subparagraph (B)
17 receive a payment that is suffi-
18 cient to meet the requirements of
19 such tier;
20 (bb) are set so as to provide
21 payments to providers not at the
22 top tier of the tiered system that
23 are sufficient to enable the pro-
24 viders to increase quality to meet
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1 the requirements for the next
2 tier;
3 (cc) ensure adequate wages
4 for staff of child care providers
5 providing such direct child care
6 services that—
7 (AA) at a minimum,
8 provide a living wage for all
9 staff of such child care pro-
10 viders; and
11 (BB) are equivalent to
12 wages for elementary edu-
13 cators with similar creden-
14 tials and experience in the
15 State; and
16 (dd) are adjusted on an an-
17 nual basis for cost of living in-
18 creases to ensure those payment
19 rates remain sufficient to meet
20 the requirements of this section;
21 and
22 (III) certify that the State will
23 update, not less often than once every
24 3 years, the cost estimation model or
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25 cost study described in subclause (I).
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1 (iii) PAYMENT PRACTICES.—Such
2 State plan shall include an assurance that
3 the State will implement payment practices
4 that support the fixed costs of providing
5 direct child care services.
6 (B) TIERED SYSTEM FOR MEASURING THE
7 QUALITY OF ELIGIBLE CHILD CARE PRO-
8 VIDERS.—Such State plan shall certify that the
9 State has implemented, or assure that the State
10 will implement within 3 years after first receiv-
11 ing funds under this section, a tiered system for
12 measuring the quality of eligible child care pro-
13 viders who provide child care services for which
14 assistance is made available under this section.
15 Such tiered system shall—
16 (i) include a set of standards, for de-
17 termining the tier of quality of a child care
18 provider, that—
19 (I) uses standards for a highest
20 tier that at a minimum are equivalent
21 to Head Start program performance
22 standards described in section
23 641A(a)(1)(B) of the Head Start Act
24 (42 U.S.C. 9836a(a)(1)(B)) or other
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1 equivalent evidence-based standards
2 approved by the Secretary; and
3 (II) includes quality indicators
4 and thresholds that are appropriate
5 for child development in different
6 types of child care provider settings,
7 including child care centers and the
8 settings of family child care providers,
9 and are appropriate for providers
10 serving different age groups (includ-
11 ing mixed age groups) of children;
12 (ii) include a different set of stand-
13 ards that includes indicators, when appro-
14 priate, for care during nontraditional hours
15 of operation; and
16 (iii) provide for sufficient resources
17 and supports for child care providers at
18 tiers lower than the highest tier to facili-
19 tate progression toward meeting higher
20 quality standards.
21 (C) ACHIEVING HIGH QUALITY FOR ALL
22 CHILDREN.—Such State plan shall certify the
23 State has implemented, or will implement with-
24 in 3 years after first receiving funds under this
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25 section, policies and financing practices that
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1 will ensure all eligible children can choose to at-
2 tend child care at the highest quality tier within
3 6 years after the date of enactment of this Act.
4 (D) COMPENSATION.—Such plan shall pro-
5 vide a certification that the State has or will
6 have within 3 years after first receiving funds
7 under this section, a wage ladder for staff of el-
8 igible child care providers receiving assistance
9 under this section, including a certification that
10 wages for such staff, at a minimum, will meet
11 the requirements of subparagraph
12 (A)(ii)(II)(cc).
13 (E) SLIDING FEE SCALE FOR COPAY-
14 MENTS.—
15 (i) IN GENERAL.—Except as provided
16 in clause (ii)(I), the State plan shall pro-
17 vide an assurance that the State will for
18 the period covered by the plan use a slid-
19 ing fee scale described in clause (ii) to de-
20 termine a copayment for a family receiving
21 assistance under this section (or, for a
22 family receiving part-time care, a reduced
23 copayment that is the proportionate
24 amount of the full copayment).
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1 (ii) SLIDING FEE SCALE.—A full co-
2 payment described in clause (i) shall use a
3 sliding fee scale that provides that, for a
4 family with a family income—
5 (I) of not more than 75 percent
6 of State median income for a family
7 of the same size, the family shall not
8 pay a copayment, toward the cost of
9 the child care involved for all eligible
10 children in the family;
11 (II) of more than 75 percent but
12 not more than 100 percent of State
13 median income for a family of the
14 same size, the copayment shall be
15 more than 0 but not more than 2 per-
16 cent of that family income, toward
17 such cost for all such children;
18 (III) of more than 100 percent
19 but not more than 125 percent of
20 State median income for a family of
21 the same size, the copayment shall be
22 more than 2 but not more than 4 per-
23 cent of that family income, toward
24 such cost for all such children;
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1 (IV) of more than 125 percent
2 but not more than 150 percent of
3 State median income for a family of
4 the same size, the copayment shall be
5 more than 4 but not more than 7 per-
6 cent of that family income, toward
7 such cost for all such children; and
8 (V) of more than 150 percent but
9 not more than 250 percent of the
10 State median income for a family of
11 the same size, the copayment shall be
12 7 percent of that family income, to-
13 ward such cost for all such children.
14 (F) PROHIBITION ON CHARGING MORE
15 THAN COPAYMENT.—The State plan shall cer-
16 tify that the State will not permit a child care
17 provider receiving financial assistance under
18 this section to charge, for child care for an eli-
19 gible child, more than the total of—
20 (i) the financial assistance provided
21 for the child under this section; and
22 (ii) any applicable copayment pursu-
23 ant to subparagraph (E).
24 (G) ELIGIBILITY.—The State plan shall
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25 assure that each child who receives assistance
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1 under this section will be considered to meet all
2 eligibility requirements for such assistance, and
3 will receive such assistance, for not less than 12
4 months unless the child has aged out of the
5 program, and the child’s eligibility determina-
6 tion and redetermination, including any deter-
7 mination based on the State’s definition of eligi-
8 ble activities, shall be implemented in a manner
9 that supports child well-being and reduces bar-
10 riers to enrollment, including continuity of serv-
11 ices.
12 (H) POLICIES TO SUPPORT ACCESS TO
13 CHILD CARE FOR UNDERSERVED POPU-
14 LATIONS.—The State plan shall demonstrate
15 that the State will prioritize increasing access
16 to, and the quality and the supply of, child care
17 in the State for underserved populations, in-
18 cluding at a minimum, low-income children,
19 children in underserved areas, infants and tod-
20 dlers, children with disabilities and infants and
21 toddlers with disabilities, children who are dual
22 language learners, children experiencing home-
23 lessness, children in foster or kinship care, chil-
24 dren who receive care during nontraditional
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25 hours, and vulnerable children as defined by the
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1 lead agency pursuant to subsection
2 (b)(4)(A)(iv)(II).
3 (I) POLICIES.—The State plan shall in-
4 clude a certification that the State will apply,
5 under this section, the policies and procedures
6 described in subparagraphs (A), (B), (I), (J),
7 (K)(i), (R), and (U) of section 658E(c)(2) of
8 the Child Care and Development Block Grant
9 Act of 1990 (42 U.S.C. 9858c(c)(2)), and the
10 policies and procedures described in section
11 658H of such Act (42 U.S.C. 9858f), to child
12 care services provided under this section.
13 (J) LICENSING.—The State plan shall
14 demonstrate that the State has consulted or will
15 consult with organizations (including labor or-
16 ganizations) representing child care directors,
17 teachers, or other staff, early childhood edu-
18 cation and development experts, and families to
19 develop, within 2.5 years after first receiving
20 funds under this section, licensing standards
21 appropriate for child care providers and a path-
22 way to such licensure that is available to and
23 appropriate for child care providers in a variety
24 of settings, that will offer providers eligible
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25 under the Child Care and Development Block
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1 Grant Act of 1990 a reasonable pathway to be-
2 come eligible providers under this section, and
3 that will assure an adequate supply of child
4 care. Such plan shall describe the timeline the
5 State will use to ensure sufficient time for pro-
6 viders described in subsection (b)(5)(B) to com-
7 ply with such licensing standards in order to re-
8 main eligible providers after 3.5 years after the
9 State first receives funding under this section.
10 (g) PAYMENTS.—
11 (1) PAYMENTS FOR FISCAL YEARS 2022
12 THROUGH 2024.—
13 (A) DEFINITIONS.—For purposes of this
14 paragraph—
15 (i) the term ‘‘State’’ means the 50
16 States, the District of Columbia, and the
17 Commonwealth of Puerto Rico; and
18 (ii) the term ‘‘territory’’ means Guam,
19 American Samoa, the Commonwealth of
20 the Northern Mariana Islands, and the
21 United States Virgin Islands.
22 (B) ALLOTMENTS.—For each of fiscal
23 years 2022 through 2024, the Secretary shall,
24 from the amount appropriated under subsection
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25 (c)(1)(A) for such fiscal year, make allotments
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1 to each State with an application approved
2 under subsection (f) in the same manner as the
3 Secretary makes such allotments using the for-
4 mula under section 658O(b) of the Child Care
5 and Development Block Grant Act of 1990 (42
6 U.S.C. 9858m(b)).
7 (C) PAYMENTS.—
8 (i) INDIAN TRIBES AND TRIBAL ORGA-
9 NIZATIONS.—
10 (I) IN GENERAL.—For each of
11 fiscal years 2022 through 2024, from
12 the amount appropriated for Indian
13 Tribes and Tribal organizations under
14 subsection (c)(2)(A), the Secretary
15 shall make payments to Indian Tribes
16 and Tribal organizations with an ap-
17 plication approved under subclause
18 (II), and the Tribes and Tribal orga-
19 nizations shall be entitled to such pay-
20 ments for the purpose of carrying out
21 the child care program described in
22 this section, consistent, to the extent
23 practicable as determined by the Sec-
24 retary, with the requirements applica-
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25 ble to States.
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1 (II) APPLICATIONS.—An Indian
2 Tribe or Tribal organization seeking a
3 payment under this clause shall sub-
4 mit an application to the Secretary at
5 such time, in such manner, and con-
6 taining such information as the Sec-
7 retary may specify, including an
8 agreement to provide reports under
9 subsection (j)(7).
10 (III) SPECIAL RULE.—The Sec-
11 retary shall determine eligibility cri-
12 teria for children from Indian tribes
13 who are less than 6 years of age and
14 not yet in kindergarten, which eligi-
15 bility criteria shall not be more strin-
16 gent than the eligibility criteria under
17 subsection (b)(4)(A).
18 (ii) TERRITORIES.—
19 (I) IN GENERAL.—For each of
20 fiscal years 2022 through 2024, from
21 the amount appropriated for terri-
22 tories under subsection (c)(3)(A), the
23 Secretary shall make payments to the
24 territories with an application ap-
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25 proved under subclause (II), and the
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1 territories shall be entitled to such
2 payments, for the purpose of carrying
3 out the child care program described
4 in this section, consistent, to the ex-
5 tent practicable as determined by the
6 Secretary, with the requirements ap-
7 plicable to States.
8 (II) APPLICATIONS.—A territory
9 seeking a payment under this clause
10 shall submit an application to the Sec-
11 retary at such time, in such manner,
12 and containing such information as
13 the Secretary may specify, including
14 an agreement to provide reports under
15 subsection (j)(7).
16 (iii) STATES.—For each of fiscal years
17 2022 through 2024, each State that has
18 an application approved under subsection
19 (f) shall be entitled to a payment under
20 this clause in the amount equal to its allot-
21 ment under subparagraph (B) for such fis-
22 cal year.
23 (D) AUTHORITIES.—
24 (i) FISCAL
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25 2024.—Notwithstanding any other provi-
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1 sion of this paragraph, for each of fiscal
2 years 2022 through 2024, the Secretary
3 shall have the authority—
4 (I) to reallot funds that were al-
5 lotted under subparagraph (B) from
6 any State without an approved appli-
7 cation under subsection (f) by the
8 date required by the Secretary, to
9 States with an approved application
10 under that subsection; and
11 (II) to reallot any amounts avail-
12 able for payments under subpara-
13 graph (C) that the Secretary elected
14 to allot for—
15 (aa) an Indian Tribe or
16 Tribal organization without an
17 approved application under sub-
18 paragraph (C)(i)(II) by the date
19 required by the Secretary, to
20 Tribes or Tribal organizations
21 with such an approved applica-
22 tion; and
23 (bb) any territory without
24 an approved application under
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1 date required by the Secretary, to
2 territories with such an approved
3 application.
4 (ii) FISCAL YEAR 2025.—Notwith-
5 standing any other provision of this sec-
6 tion, on October 1, 2024, the Secretary
7 shall have the authority to reallot funds
8 from payments made under subparagraph
9 (C) that are unobligated on such date, to
10 any entity without such unobligated funds
11 that is a State with an approved applica-
12 tion under subsection (f), an Indian Tribe
13 or Tribal organization with an approved
14 application under subparagraph (C)(i)(II),
15 or a territory with an approved application
16 under subparagraph (C)(ii)(II), to carry
17 out the purposes of this section.
18 (2) PAYMENTS FOR FISCAL YEARS 2025
19 THROUGH 2027.—
20 (A) IN GENERAL.—For each of fiscal years
21 2025 through 2027:
22 (i) CHILD CARE ASSISTANCE FOR ELI-
23 GIBLE CHILDREN.—
24 (I) IN GENERAL.—The Secretary
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1 proved application under subsection
2 (f), and that State shall be entitled to,
3 an amount for each quarter equal to
4 95.440 percent of expenditures (which
5 shall be the Federal share of such ex-
6 penditures) in the quarter for direct
7 child care services described under
8 subsection (h)(2)(B) for eligible chil-
9 dren.
10 (II) EXCEPTION.—Funds re-
11 served from the total under subsection
12 (h)(2)(C) shall be subject to clause
13 (ii).
14 (III) PROHIBITION.—Activities
15 described in clause (ii) and clause (iii)
16 may not be included in the cost of di-
17 rect child care services described in
18 this clause.
19 (ii) ACTIVITIES TO IMPROVE THE
20 QUALITY AND SUPPLY OF CHILD CARE
21 SERVICES.—The Secretary shall pay to
22 each State with such an approved applica-
23 tion, and that State shall be entitled to, an
24 amount equal to the product of 1.06045
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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
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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-
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25 mined by the Secretary (subject to subsection
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1 (d)(2)), with the requirements applicable to
2 States. The Secretary shall make the payments
3 to such territories, Indian Tribes, and Tribal
4 organizations on the basis of their relative need.
5 Each entity that is such a territory, Indian
6 Tribe, or Tribal organization shall be entitled to
7 such a payment as may be necessary to carry
8 out the activities described in subsection (h)(2),
9 and to pay for the costs of administration in-
10 curred by the entity, which shall include costs
11 incurred by the entity in carrying out the child
12 care program, and which may include, at the
13 option of the entity, costs associated with car-
14 rying out requirements, policies, and procedures
15 described in section 658H of the Child Care
16 and Development Block Grant Act of 1990.
17 (h) USE OF FUNDS.—
18 (1) USE OF FUNDS FOR FISCAL YEARS 2022
19 THROUGH 2024.—For each of fiscal years 2022
20 through 2024, a State (as defined in subsection
21 (g)(1)) that receives a payment under subsection
22 (g)(1) shall use such payment for—
23 (A) assistance for direct child care serv-
24 ices, which shall consist only of—
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1 (i) assistance for direct child care
2 services for eligible children through grants
3 and contracts, and child care certificates;
4 (ii) increasing child care provider pay-
5 ment rates to support the cost of providing
6 high-quality direct child care services, in-
7 cluding rates sufficient to support in-
8 creased wages for staff of eligible child
9 care providers; and
10 (iii) waiving or reducing copayments,
11 to ensure that the families of children re-
12 ceiving assistance under this section do not
13 pay more than 7 percent of family income
14 toward the cost of the child care involved
15 for all eligible children in the family;
16 (B) activities described in paragraph
17 (2)(C), without regard to the requirement in
18 clause (i)(I) of such paragraph or to the ref-
19 erences to a quality child care amount in such
20 paragraph; and
21 (C) costs of administration incurred by the
22 State, which shall include the costs described in
23 subclause (I) of subsection (g)(2)(A)(iii) and
24 may, at the option of the State, include the
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1 costs described in subclause (II) of such sub-
2 section.
3 (2) USE OF FUNDS FOR FISCAL YEARS 2025
4 THROUGH 2027.—
5 (A) IN GENERAL.—Starting on October 1,
6 2024, a State shall use amounts provided to the
7 State under subsection (g)(2) for direct child
8 care services (provided on a sliding fee scale
9 basis), activities to improve the quality and sup-
10 ply of child care services consistent with para-
11 graph (C), and State administration consistent
12 with subsection (g)(2)(A)(iii).
13 (B) CHILD CARE ASSISTANCE FOR ELIGI-
14 BLE CHILDREN.—
15 (i) IN GENERAL.—For each of fiscal
16 years 2025 through 2027, from payments
17 made to the State under subsection (g)(2)
18 for that particular fiscal year, the State
19 shall ensure that parents of eligible chil-
20 dren can access direct child care services
21 provided by an eligible child care provider
22 under this section through a grant or con-
23 tract as described in clause (ii) or a certifi-
24 cate as described in clause (iii).
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1 (ii) GRANTS AND CONTRACTS.—The
2 State shall award grants or contracts to el-
3 igible child care providers, consistent with
4 the requirements under this section, for
5 the provision of child care services for eli-
6 gible children under this section that, at a
7 minimum—
8 (I) support providers’ operating
9 expenses to meet and sustain health,
10 safety, quality, and wage standards
11 required under this section; and
12 (II) address underserved popu-
13 lations described in subsection
14 (f)(4)(H).
15 (iii) CERTIFICATES.—The State shall
16 issue a child care certificate directly to a
17 parent who shall use such certificate only
18 as payment for direct child care services or
19 as a deposit for direct child care services if
20 such a deposit is required of other children
21 being cared for by the provider, consistent
22 with the requirements under this section.
23 (C) ACTIVITIES TO IMPROVE THE QUALITY
24 AND SUPPLY OF CHILD CARE SERVICES.—
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1 (i) QUALITY CHILD CARE ACTIVI-
2 TIES.—
3 (I) AMOUNT.—For each of fiscal
4 years 2025 through 2027, from the
5 total of the payments made to the
6 State for a particular fiscal year, the
7 State shall reserve and use a quality
8 child care amount equal to not less
9 than 5 percent and not more than 10
10 percent of the amount made available
11 to the State through such payments
12 for the previous fiscal year.
13 (II) USE OF QUALITY CHILD
14 CARE AMOUNT.—Each State shall use
15 the quality child care amount de-
16 scribed in subclause (I) to implement
17 activities described in this subpara-
18 graph to improve the quality and sup-
19 ply of child care services by eligible
20 child care providers, and increase the
21 number of available slots in the State
22 for child care services funded under
23 this section, prioritizing assistance for
24 child care providers who are in under-
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25 served communities and who are pro-
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1 viding, or are seeking to provide, child
2 care services for underserved popu-
3 lations identified in subsection
4 (f)(4)(H).
5 (III) ADMINISTRATION.—Activi-
6 ties funded under this subparagraph
7 may be administered—
8 (aa) directly by the lead
9 agency; or
10 (bb) through other State
11 government agencies, local or re-
12 gional child care resource and re-
13 ferral organizations, community
14 development financial institu-
15 tions, other intermediaries with
16 experience supporting child care
17 providers, or other appropriate
18 entities that enter into a contract
19 with the State to provide such
20 assistance.
21 (ii) QUALITY AND SUPPLY ACTIVI-
22 TIES.—Activities funded under the quality
23 child care amount described in clause (i)
24 shall include each of the following:
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1 (I) STARTUP GRANTS AND SUP-
2 PLY EXPANSION GRANTS.—
3 (aa) IN GENERAL.—From a
4 portion of the quality child care
5 amount, a State shall make start-
6 up and supply expansion grants
7 to support child care providers
8 who are providing, or seeking to
9 provide, child care services to
10 children receiving assistance
11 under this section, with priority
12 for providers providing or seeking
13 to provide child care in under-
14 served communities and for un-
15 derserved populations identified
16 in subsection (f)(4)(H), to—
17 (AA) support startup
18 and expansion costs; and
19 (BB) assist such pro-
20 viders in meeting health and
21 safety requirements, achiev-
22 ing licensure, and meeting
23 requirements in the State’s
24 tiered system for measuring
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1 the quality of eligible child
2 care providers.
3 (bb) REQUIREMENT.—As a
4 condition of receiving a startup
5 or supply expansion grant under
6 this subclause, a child care pro-
7 vider shall commit to meeting the
8 requirements of an eligible pro-
9 vider under this section, and pro-
10 viding child care services to chil-
11 dren receiving assistance under
12 this section on an ongoing basis.
13 (II) QUALITY GRANTS.—From a
14 portion of the quality child care
15 amount, a State shall provide quality
16 grants to support eligible child care
17 providers in providing child care serv-
18 ices to children receiving assistance
19 under this section to improve the
20 quality of such providers, including—
21 (aa) supporting such pro-
22 viders in meeting or making
23 progress toward the requirements
24 for the highest tier of the State’s
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25 tiered system for measuring the
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1 quality of eligible child care pro-
2 viders under subsection (f)(4)(B);
3 and
4 (bb) supporting such pro-
5 viders in sustaining child care
6 quality, including supporting in-
7 creased wages for staff and sup-
8 porting payment of fixed costs.
9 (III) FACILITIES GRANTS.—
10 (aa) IN GENERAL.—From a
11 portion of the quality child care
12 amount, a State shall provide
13 support, including through
14 awarding facilities grants, for re-
15 modeling, renovation, or repair of
16 a building or facility to the ex-
17 tent permitted under section
18 658F(b) of the Child Care and
19 Development Block Grant Act of
20 1990 (42 U.S.C. 9858).
21 (bb) ADDITIONAL USES.—
22 For fiscal years 2022 through
23 2024, and in subsequent years
24 with approval from the Secretary,
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25 a State may award such facilities
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1 grants for construction, perma-
2 nent improvement, or major ren-
3 ovation of a building or facility
4 primarily used for providing di-
5 rect child care services, in ac-
6 cordance with the following:
7 (AA) Federal interest
8 provisions will not apply to
9 the renovation or rebuilding
10 of privately-owned family
11 child care homes under this
12 subclause.
13 (BB) Eligible child care
14 providers may not use funds
15 for buildings or facilities
16 that are used primarily for
17 sectarian instruction or reli-
18 gious worship.
19 (CC) The Secretary
20 shall develop parameters on
21 the use of funds under this
22 subclause for family child
23 care homes.
24 (DD) The Secretary
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25 shall not retain Federal in-
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1 terest after a period of 10
2 years in any facility built,
3 renovated, or repaired with
4 funds awarded under this
5 subclause.
6 (IV) LIMITATION.—For purposes
7 of subclause (III), the Secretary shall
8 not—
9 (aa) enter into any agree-
10 ment related to funds for activi-
11 ties carried out under subclause
12 (III)—
13 (AA) that is for a term
14 extending beyond September
15 30, 2031; and
16 (BB) under which any
17 payment could be outlaid
18 after September 30, 2031;
19 or
20 (bb) use any other funds
21 available to the Secretary, other
22 than funds provided under this
23 section, to satisfy obligations ini-
24 tially made for activities carried
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25 out under subclause (III).
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1 (V) STATE ACTIVITIES TO IM-
2 PROVE THE QUALITY OF CHILD CARE
3 SERVICES.—A State shall use a por-
4 tion of the quality child care amount
5 to improve the quality of child care
6 services available for this program,
7 which shall include—
8 (aa) supporting the training
9 and professional development of
10 the early childhood workforce, in-
11 cluding supporting degree attain-
12 ment and credentialing for early
13 childhood educators;
14 (bb) developing, imple-
15 menting, or enhancing the
16 State’s tiered system for meas-
17 uring the quality of eligible child
18 care providers under subsection
19 (f)(4)(B);
20 (cc) improving the supply
21 and quality of developmentally
22 appropriate and inclusive child
23 care programs and services for
24 underserved populations de-
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25 scribed in subsection (f)(4)(H);
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1 (dd) improving access to
2 child care services for vulnerable
3 children as defined by the lead
4 agency pursuant to subsection
5 (b)(4)(A)(iv)(II); and
6 (ee) providing outreach and
7 enrollment support for families of
8 eligible children.
9 (VI) TECHNICAL ASSISTANCE.—
10 From a portion of the quality child
11 care amount, the State shall provide
12 technical assistance to increase the
13 supply and quality of eligible child
14 care providers who are providing, or
15 seeking to provide, child care services
16 to children receiving assistance under
17 this section, including providing sup-
18 port to enable providers to achieve li-
19 censure.
20 (i) GRANTS TO LOCALITIES AND AWARDS TO HEAD
21 START PROGRAMS.—
22 (1) ELIGIBLE LOCALITY DEFINED.—In this
23 subsection, the term ‘‘eligible locality’’ means a city,
24 county, or other unit of general local government.
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25 (2) GRANTS TO LOCALITIES.—
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1 (A) IN GENERAL.—The Secretary shall use
2 funds appropriated under subsection (c)(4) to
3 award local Birth Through Five Child Care and
4 Early Learning Grants, in accordance with
5 rules established by the Secretary, to eligible lo-
6 calities located in States that have not received
7 payments under subsection (g). The Secretary
8 shall award the grants to eligible localities in
9 such a State from the allotment made for that
10 State under subparagraph (B).
11 (B) ALLOTMENTS.—
12 (i) POVERTY LINE DEFINED.—In this
13 subparagraph, the term ‘‘poverty line’’
14 means the poverty line defined and revised
15 as described in section 673 of the Commu-
16 nity Services Block Grant Act (42 U.S.C.
17 9902).
18 (ii) GENERAL AUTHORITY.—For each
19 State described in subparagraph (A), the
20 Secretary shall allot for the State for a fis-
21 cal year an amount that bears the same re-
22 lationship to the funds appropriated under
23 subsection (c)(4) for the fiscal year as the
24 number of children from families with fam-
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25 ily incomes that are below 200 percent of
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1 the poverty line, and who are under the
2 age of 6, in the State bears to the total
3 number of all such children in all States
4 described in subparagraph (A).
5 (C) APPLICATION.—To receive a grant
6 from the corresponding State allotment under
7 subparagraph (B), an eligible locality shall sub-
8 mit an application to the Secretary at such
9 time, in such manner, and containing such in-
10 formation as the Secretary may require. The re-
11 quirements for the application shall, to the
12 greatest extent practicable, be consistent with
13 the State plan requirements applicable to States
14 under subsection (f).
15 (D) REQUIREMENTS.—The Secretary shall
16 specify the requirements for an eligible locality
17 to provide access to child care, which child care
18 requirements shall, to the greatest extent prac-
19 ticable, be consistent with the requirements ap-
20 plicable to States under this section.
21 (E) RECOUPMENT OF UNUSED FUNDS.—
22 Notwithstanding any other provision of this sec-
23 tion, for each of fiscal years 2023 through
24 2027, the Secretary shall have the authority to
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1 paragraph (B) for awards under paragraph
2 (3)(A) to Head Start agencies in accordance
3 with paragraph (3).
4 (3) HEAD START EXPANSION IN NONPARTICI-
5 PATING STATES.—
6 (A) IN GENERAL.—The Secretary shall use
7 funds appropriated under subsection (c)(5) or
8 recouped under paragraph (2) to make awards
9 to Head Start agencies in a State described in
10 paragraph (2)(A) to carry out the purposes of
11 the Head Start Act in such State.
12 (B) RULE.—For purposes of carrying out
13 the Head Start Act in circumstances not involv-
14 ing awards under this paragraph, funds award-
15 ed under subparagraph (A) shall not be in-
16 cluded in the calculation of a ‘‘base grant’’ as
17 such term is defined in section 640(a)(7)(A) of
18 the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
19 (C) DEFINITION.—In this paragraph, the
20 term ‘‘Head Start agency’’ means an entity des-
21 ignated or eligible to be designated as a Head
22 Start agency under section 641(a)(1) of the
23 Head Start Act or as an Early Head Start
24 agency (by receiving a grant) under section
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25 645A(a) of such Act.
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1 (4) PRIORITY FOR SERVING UNDERSERVED
2 POPULATIONS.—In making determinations to award
3 a grant or make an award under this subsection, the
4 Secretary shall give priority to entities serving a
5 high percentage of individuals from underserved
6 populations described in subsection (f)(4)(H).
7 (j) PROGRAM REQUIREMENTS.—
8 (1) NONDISCRIMINATION.—The following provi-
9 sions of law shall apply to any program or activity
10 that receives funds provided under this section:
11 (A) Title IX of the Education Amendments
12 of 1972.
13 (B) Title VI of the Civil Rights Act of
14 1964.
15 (C) Section 504 of the Rehabilitation Act
16 of 1973.
17 (D) The Americans with Disabilities Act of
18 1990.
19 (E) Section 654 of the Head Start Act.
20 (2) PROHIBITION ON ADDITIONAL ELIGIBILITY
21 REQUIREMENTS.—No individual shall be determined,
22 by the Secretary, a State, or another recipient of
23 funds under this section, to be ineligible for child
24 care services provided under this section, except on
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1 the basis of eligibility requirements specified in or
2 under this section.
3 (3) MAINTENANCE OF EFFORT.—
4 (A) IN GENERAL.—A State that receives
5 payments under this section for a fiscal year, in
6 using the funds made available through the
7 payments, shall maintain the expenditures of
8 the State for child care services at the average
9 level of such expenditures by the State for the
10 3 preceding fiscal years.
11 (B) COUNTING RULE.—State expenditures
12 counted for purposes of meeting the require-
13 ment in subparagraph (A) may also be counted
14 for purposes of meeting the requirement to pro-
15 vide a non-Federal share under clause (i), (ii),
16 or (iii), as appropriate, of subsection (g)(2)(A).
17 (4) SUPPLEMENT NOT SUPPLANT.—Funds re-
18 ceived under this section shall be used to supplement
19 and not supplant other Federal, State, and local
20 public funds expended to provide child care services
21 in the State on the date of enactment of this Act,
22 calculated as the average amount of such Federal,
23 State, and local public funds expended for fiscal
24 years 2019, 2020, and 2021.
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1 (5) ALLOWABLE SOURCES OF NON-FEDERAL
2 SHARE.—For purposes of providing the non-Federal
3 share required under subsection (g)(2), a State’s
4 non-Federal share—
5 (A) for direct child care services described
6 in subsection (g)(2)(A)(i)—
7 (i) shall not include contributions
8 being used as a non-Federal share or
9 match for another Federal award; and
10 (ii) shall be provided from State or
11 local sources, contributions from philan-
12 thropy or other private organizations, or a
13 combination of such sources and contribu-
14 tions; and
15 (B) for activities to improve the quality
16 and supply of child care services described in
17 subsection (g)(2)(A)(ii), and administration de-
18 scribed in subsection (g)(2)(A)(iii)—
19 (i) shall not include contributions
20 being used as a non-Federal share or
21 match for another Federal award;
22 (ii) shall be provided from State or
23 local sources, contributions from philan-
24 thropy or other private organizations, or a
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1 combination of such sources and contribu-
2 tions; and
3 (iii) may be in cash or in kind, fairly
4 evaluated, including facilities or property,
5 equipment, or services.
6 (6) INFORMATION FOR DETERMINATIONS.—For
7 purposes of determinations of participation in an eli-
8 gible activity, the provision of information for such
9 determinations by Federal agencies other than the
10 Department of Health and Human Services shall not
11 be required.
12 (7) REPORTS.—A State, Indian Tribe, Tribal
13 organization, or territory receiving funds under this
14 section shall provide to the Secretary such periodic
15 reports, providing a detailed accounting of the uses
16 of the funds received under this section, as the Sec-
17 retary may require for the administration of this
18 section. The State, Indian Tribe, Tribal organiza-
19 tion, or territory shall begin to provide the reports
20 beginning not later than 60 days after its initial re-
21 ceipt of a payment under subsection (g)(1).
22 (k) MONITORING AND ENFORCEMENT.—
23 (1) REVIEW OF COMPLIANCE WITH REQUIRE-
24 MENTS AND STATE PLAN.—The Secretary shall re-
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25 view and monitor compliance of States, territories,
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1 Tribal entities, and local entities with this section
2 and State compliance with the plan described in sub-
3 section (f)(4).
4 (2) ISSUANCE OF RULE.—The Secretary shall
5 establish by rule procedures for—
6 (A) receiving, processing, and determining
7 the validity of complaints or findings concerning
8 any failure of a State to comply with the State
9 plan or any other requirement of this section;
10 (B) notifying a State when the Secretary
11 has determined there has been a failure by the
12 State to comply with a requirement of this sec-
13 tion; and
14 (C) imposing sanctions under this sub-
15 section for such a failure.
16 (l) FEDERAL ADMINISTRATION.—Using funds re-
17 served under subsection (c)(6), the Secretary shall carry
18 out administration of this section, shall provide (including
19 through the use of grants or cooperative agreements) tech-
20 nical assistance to States, territories, Indian Tribes, and
21 Tribal organizations, and shall carry out research, and
22 evaluations related to this section.
23 (m) TRANSITION PROVISIONS.—
24 (1) TREATMENT OF CHILD CARE AND DEVEL-
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25 OPMENT BLOCK GRANT FUNDS.—For each of fiscal
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1 years 2025, 2026, and 2027, a State receiving as-
2 sistance under this section shall not use more than
3 10 percent of any funds received under the Child
4 Care and Development Block Grant Act of 1990 to
5 provide assistance for direct child care services to
6 children who are under the age of 6, are not yet in
7 kindergarten, and are eligible under that Act.
8 (2) SPECIAL RULES REGARDING ELIGIBILITY.—
9 Any child who is less than 6 years of age, is not yet
10 in kindergarten, and is receiving assistance under
11 the Child Care and Development Block Grant Act of
12 1990 on the date funding is first allocated to the
13 lead agency for the State, territory, Indian Tribe, or
14 Tribal organization involved under this section—
15 (A) shall be deemed immediately eligible to
16 receive assistance under this section; and
17 (B) may continue to use the child care pro-
18 vider of the family’s choice.
19 (3) TRANSITION PROCEDURES.—The Secretary
20 is authorized to institute procedures for imple-
21 menting this section, including issuing guidance for
22 States receiving funds under subsection (g)(1).
23 SEC. 23002. UNIVERSAL PRESCHOOL.
24 (a) DEFINITIONS.—In this section:
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1 (1) CHILD EXPERIENCING HOMELESSNESS.—
2 The term ‘‘child experiencing homelessness’’ means
3 an individual who is a homeless child or youth under
4 section 725 of the McKinney-Vento Homeless Assist-
5 ance Act (42 U.S.C. 11434a).
6 (2) CHILD WITH A DISABILITY.—The term
7 ‘‘child with a disability’’ has the meaning given the
8 term in section 602 of the Individuals with Disabil-
9 ities Education Act (20 U.S.C. 1401).
10 (3) COMPREHENSIVE SERVICES.—The term
11 ‘‘comprehensive services’’ means services that are
12 provided to low-income children and their families,
13 and that are health, educational, nutritional, social,
14 and other services that are determined, based on
15 family needs assessments, to be necessary, within
16 the meaning of section 636 of the Head Start Act
17 (42 U.S.C. 9831).
18 (4) DUAL LANGUAGE LEARNER.—The term
19 ‘‘dual language learner’’ means a child who is learn-
20 ing 2 or more languages at the same time, or a child
21 who is learning a second language while continuing
22 to develop the child’s first language.
23 (5) ELIGIBLE CHILD.—The term ‘‘eligible
24 child’’ means a child who is age 3 or 4, on the date
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1 established by the applicable local educational agen-
2 cy for kindergarten entry.
3 (6) ELIGIBLE PROVIDER.—The term ‘‘eligible
4 provider’’ means—
5 (A) a local educational agency, acting
6 alone or in a consortium or in collaboration
7 with an educational service agency (as defined
8 in section 8101 of the Elementary and Sec-
9 ondary Education Act of 1965 (20 U.S.C.
10 7801)), that is licensed by the State or meets
11 comparable health and safety standards;
12 (B) a Head Start agency or delegate agen-
13 cy funded under the Head Start Act;
14 (C) a licensed center-based child care pro-
15 vider, licensed family child care provider, or
16 community– or neighborhood–based network of
17 licensed family child care providers; or
18 (D) a consortium of entities described in
19 any of subparagraphs (A), (B), and (C).
20 (7) HEAD START AGENCY.—The term ‘‘Head
21 Start agency’’, as used in paragraph (6)(B), or sub-
22 section (c)(5)(D) or (f)(1), means an entity des-
23 ignated as a Head Start agency under section
24 641(a)(1) of the Head Start Act or as an Early
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1 Head Start agency (by receiving a grant) under sec-
2 tion 645A(a) of such Act.
3 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
4 has the meaning given the term in section 4 of the
5 Indian Self-Determination and Education Assistance
6 Act (25 U.S.C. 5304).
7 (9) LOCAL EDUCATIONAL AGENCY.—The term
8 ‘‘local educational agency’’ has the meaning given
9 the term in section 8101 of the Elementary and Sec-
10 ondary Education Act of 1965 (20 U.S.C. 7801).
11 (10) POVERTY LINE.—The term ‘‘poverty line’’
12 means the poverty line defined and revised as de-
13 scribed in section 673 of the Community Services
14 Block Grant Act (42 U.S.C. 9902).
15 (11) SECRETARY.—The term ‘‘Secretary’’
16 means the Secretary of Health and Human Services.
17 (12) STATE.—The term ‘‘State’’ means each of
18 the several States and the District of Columbia.
19 (13) TERRITORY.—The term ‘‘territory’’ means
20 each of the Commonwealth of Puerto Rico, the
21 United States Virgin Islands, Guam, American
22 Samoa, and the Commonwealth of the Northern
23 Mariana Islands.
24 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib-
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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
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25 among the territories on the basis of their rel-
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1 ative need, as determined by the Secretary in
2 accordance with the objectives of this section,
3 for activities described in this section;
4 (C) $300,000,000, to remain available
5 until September 30, 2027, for carrying out pay-
6 ments to eligible local entities that serve chil-
7 dren in families who are engaged in migrant or
8 seasonal agricultural labor, for activities de-
9 scribed in this section;
10 (D)(i) $165,000,000, to remain available
11 until September 30, 2027, for carrying out
12 Federal activities to support the activities fund-
13 ed under this section, including administration,
14 monitoring, technical assistance, and research,
15 in fiscal year 2022;
16 (ii) $200,000,000 to remain available until
17 September 30, 2027, for carrying out Federal
18 activities to support the activities funded under
19 this section, including administration, moni-
20 toring, technical assistance, and research, in fis-
21 cal year 2023;
22 (iii) $200,000,000, to remain available
23 until September 30, 2027, for carrying out
24 Federal activities to support the activities fund-
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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
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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.
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25 9835(a)(5)), notwithstanding section 653(a) of
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1 such Act (42 U.S.C. 9848(a)), in fiscal year
2 2025;
3 (v) $2,500,000,000, to remain available
4 until September 30, 2027, to improve com-
5 pensation of Head Start staff consistent with
6 subparagraphs (A)(i) and (B)(viii) of section
7 640(a)(5) of the Head Start Act (42 U.S.C.
8 9835(a)(5)), notwithstanding section 653(a) of
9 such Act (42 U.S.C. 9848(a)), in fiscal year
10 2026; and
11 (vi) $2,500,000,000, to remain available
12 until September 30, 2027, to improve com-
13 pensation of Head Start staff consistent with
14 subparagraphs (A)(i) and (B)(viii) of section
15 640(a)(5) of the Head Start Act (42 U.S.C.
16 9835(a)(5)), notwithstanding section 653(a) of
17 such Act (42 U.S.C. 9848(a)), in fiscal year
18 2027;
19 (F)(i) $1,900,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of grants to localities described in sub-
22 section (f)(2) in fiscal year 2023;
23 (ii) $1,900,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of grants to localities described in sub-
2 section (f)(2) in fiscal year 2024;
3 (iii) $1,900,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of grants to localities described in sub-
6 section (f)(2) in fiscal year 2025;
7 (iv) $1,900,000,000, to remain available
8 until September 30, 2027, to carry out the pro-
9 gram of grants to localities described in sub-
10 section (f)(2) in fiscal year 2026; and
11 (v) $1,900,000,000, to remain available
12 until September 30, 2027, to carry out the pro-
13 gram of grants to localities described in sub-
14 section (f)(2) in fiscal year 2027; and
15 (G)(i) $1,900,000,000, to remain available
16 until September 30, 2027, to carry out the pro-
17 gram of awards to Head Start agencies de-
18 scribed in subsection (f)(3) in fiscal year 2023;
19 (ii) $1,900,000,000, to remain available
20 until September 30, 2027, to carry out the pro-
21 gram of awards to Head Start agencies de-
22 scribed in subsection (f)(3) in fiscal year 2024;
23 (iii) $1,900,000,000, to remain available
24 until September 30, 2027, to carry out the pro-
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1 gram of awards to Head Start agencies de-
2 scribed in subsection (f)(3) in fiscal year 2025;
3 (iv) $1,900,000,000, to remain available
4 until September 30, 2027, to carry out the pro-
5 gram of awards to Head Start agencies de-
6 scribed in subsection (f)(3) in fiscal year 2026;
7 and
8 (v) $1,900,000,000, to remain available
9 until September 30, 2027, to carry out the pro-
10 gram of awards to Head Start agencies de-
11 scribed in subsection (f)(3) in fiscal year 2027.
12 (c) PAYMENTS FOR STATE UNIVERSAL PRESCHOOL
13 SERVICES.—
14 (1) IN GENERAL.—A State that has submitted,
15 and had approved by the Secretary, the State plan
16 described in paragraph (5) is entitled to a payment
17 under this subsection.
18 (2) PAYMENTS TO STATES.—
19 (A) PAYMENTS FOR FISCAL YEARS 2022
20 THROUGH 2024.—From amounts made available
21 under subsection (b)(1) for any of fiscal years
22 2022 through 2024, the Secretary, in collabora-
23 tion with the Secretary of Education, shall allot
24 for the fiscal year, to each State that has a
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25 State plan under paragraph (5) or transitional
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1 State plan under paragraph (7) that is ap-
2 proved for a period including that fiscal year,
3 an amount for the purpose of providing grants
4 to eligible providers to provide high-quality pre-
5 school, using a formula that considers—
6 (i) the proportion of the number of
7 children who are below the age of 6 and
8 whose families have a family income at or
9 below 200 percent of the poverty line for
10 the most recent year for which satisfactory
11 data are available, residing in the State, as
12 compared to the number of such children,
13 who reside in all States with approved
14 plans for the fiscal year for which the al-
15 lotment is being made; and
16 (ii) the existing Federal preschool in-
17 vestments in the State under the Head
18 Start Act, as of the date of the allotment.
19 (B) PAYMENTS FOR FISCAL YEARS 2025
20 THROUGH 2027.—
21 (i) PRESCHOOL SERVICES.—For each
22 of fiscal years 2025 through 2027, the
23 Secretary shall pay to each State with an
24 approved State plan under paragraph (5),
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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-
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25 mainder of the cost paid by the State for
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1 preschool services, that is not provided
2 under clause (i), shall be considered the
3 non-Federal share of the cost of those
4 services. The remainder of the cost paid by
5 the State for State activities, that is not
6 provided under clause (ii), shall be consid-
7 ered the non-Federal share of the cost of
8 those activities.
9 (iv) ADVANCE PAYMENT; RETROSPEC-
10 TIVE ADJUSTMENT.—The Secretary shall
11 make a payment under clause (i) or (ii) for
12 a year on the basis of advance estimates of
13 expenditures submitted by the State and
14 such other investigation as the Secretary
15 may find necessary, and shall reduce or in-
16 crease the payment as necessary to adjust
17 for any overpayment or underpayment for
18 a previous year.
19 (C) AUTHORITIES.—
20 (i) FISCAL YEARS 2022 THROUGH
21 2024.—Notwithstanding any other provi-
22 sion of this paragraph, for each of fiscal
23 years 2022 through 2024, the Secretary
24 shall have the authority to reallot funds
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25 that were allotted under subparagraph (A)
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1 from any State without an approved appli-
2 cation under paragraph (5) by the date re-
3 quired by the Secretary, to States with an
4 approved application under that sub-
5 section.
6 (ii) FISCAL YEAR 2025.—Notwith-
7 standing any other provision of this sec-
8 tion, on October 1, 2024, the Secretary
9 shall have the authority to reallot funds
10 from payments made from allotments
11 under subparagraph (A) that are unobli-
12 gated on such date, to any State without
13 such unobligated funds that is a State with
14 an approved application under paragraph
15 (5), to carry out the purposes of this sec-
16 tion.
17 (3) STATE ACTIVITIES.—A State that receives a
18 payment under paragraph (2) shall carry out all of
19 the following activities:
20 (A) State administration of the State pre-
21 school program described in this section.
22 (B) Supporting a continuous quality im-
23 provement system for providers of preschool
24 services participating, or seeking to participate,
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25 in the State preschool program, through the use
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1 of data, researching, monitoring, training, tech-
2 nical assistance, professional development, and
3 coaching.
4 (C) Providing outreach and enrollment
5 support for families of eligible children.
6 (D) Supporting data systems building.
7 (E) Supporting staff of eligible providers
8 in pursuing credentials and degrees, including
9 baccalaureate degrees.
10 (F) Supporting activities that ensure ac-
11 cess to inclusive preschool programs for chil-
12 dren with disabilities.
13 (G) Providing age-appropriate transpor-
14 tation services for children, which at a min-
15 imum shall include transportation services for
16 children experiencing homelessness and children
17 in foster care.
18 (H) Conducting or updating a statewide
19 needs assessment of access to high-quality pre-
20 school services.
21 (4) LEAD AGENCY.—The Governor of a State
22 desiring for the State to receive a payment under
23 this subsection shall designate a lead agency (such
24 as a State agency or joint interagency office) for the
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1 administration of the State’s preschool program
2 under this section.
3 (5) STATE PLAN.—In order to be eligible for
4 payments under this section, the Governor of a State
5 shall submit a State plan to the Secretary for ap-
6 proval by the Secretary, in collaboration with the
7 Secretary of Education, at such time, in such man-
8 ner, and containing such information as the Sec-
9 retary shall by rule require, that includes a plan for
10 achieving universal, high-quality, free, inclusive, and
11 mixed-delivery preschool services. Such plan shall in-
12 clude, at a minimum, each of the following:
13 (A) A certification that—
14 (i) the State has in place develop-
15 mentally appropriate, evidence-based pre-
16 school standards that, at a minimum, are
17 as rigorous as the standards specified in
18 subparagraph (B) of section 641A(a)(1) of
19 the Head Start Act (42 U.S.C.
20 9836a(a)(1)) and include program stand-
21 ards for class sizes and ratios; and
22 (ii) the State will coordinate such
23 standards with other early learning stand-
24 ards in the State.
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1 (B) An assurance that the State will en-
2 sure—
3 (i) all preschool services in the State
4 funded under this section will—
5 (I) be universally available to all
6 children in the State without any ad-
7 ditional eligibility requirements;
8 (II) be high-quality, free, and in-
9 clusive; and
10 (III) by not later than 1 year
11 after the State receives such funding,
12 meet the State’s preschool education
13 standards described in subparagraph
14 (A); and
15 (ii) that the local preschool programs
16 in the State funded under this section
17 will—
18 (I) offer programming that meets
19 the duration requirements of at least
20 1,020 annual hours;
21 (II) adopt policies and practices
22 to conduct outreach and provide expe-
23 dited enrollment, including
24 prioritization, to—
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1 (aa) children experiencing
2 homelessness (which, in the case
3 of a child attending a program
4 provided by an eligible provider
5 described in subsection (a)(6)(A),
6 shall include immediate enroll-
7 ment for the child);
8 (bb) children in foster care
9 or kinship care;
10 (cc) children in families who
11 are engaged in migrant or sea-
12 sonal agricultural labor;
13 (dd) children with disabil-
14 ities, including eligible children
15 who are served under part C of
16 the Individuals with Disabilities
17 Education Act; and
18 (ee) dual language learners;
19 (III) provide for salaries, and set
20 schedules for salaries, for staff of pro-
21 viders in the State preschool program
22 that are equivalent to salaries of ele-
23 mentary school staff with similar cre-
24 dentials and experience;
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1 (IV) at a minimum, provide a liv-
2 ing wage for all staff of such pro-
3 viders; and
4 (V) require educational qualifica-
5 tions for teachers in the preschool
6 program including, at a minimum, re-
7 quiring that lead teachers in the pre-
8 school program have a baccalaureate
9 degree in early childhood education or
10 a related field by not later than 6
11 years after the date on which the
12 State first receives funds under this
13 Act, except that—
14 (aa) subject to item (bb),
15 the requirements under this sub-
16 clause shall not apply to individ-
17 uals who were employed by an el-
18 igible provider or early education
19 program for a cumulative 3 of
20 the 5 years immediately pre-
21 ceding the date of enactment of
22 this Act and have the necessary
23 content knowledge and teaching
24 skills for early childhood edu-
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1 measures determined by the
2 State; and
3 (bb) nothing in this section
4 shall require the State to lessen
5 State requirements for edu-
6 cational qualifications, in exist-
7 ence on the date of enactment of
8 this Act, to serve as a teacher in
9 a State preschool program.
10 (C) For States with existing publicly fund-
11 ed State preschool programs (as of the date of
12 submission of the State plan), a description of
13 how the State plans to use funding provided
14 under this section to ensure that such existing
15 programs in the State meet the requirements of
16 this section for a State preschool program.
17 (D) A description of how the State, in es-
18 tablishing and operating the State preschool
19 program supported under this section, will—
20 (i) support a mixed-delivery system
21 for any new slots funded under this sec-
22 tion, including by facilitating the participa-
23 tion of Head Start programs and programs
24 offered by licensed child care providers;
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1 (ii) ensure the State preschool pro-
2 gram does not disrupt the stability of in-
3 fant and toddler child care throughout the
4 State;
5 (iii) ensure adequate consultation with
6 the State Advisory Council on Early Child-
7 hood Education and Care designated or es-
8 tablished in section 642B(b)(1)(A)(i) of
9 the Head Start Act (42 U.S.C.
10 9837b(b)(1)(A)(i)) in the development of
11 its plan, including consultation in how the
12 State intends to distribute slots under
13 clause (v);
14 (iv) partner with Head Start agencies
15 to ensure the full utilization of Head Start
16 programs within the State; and
17 (v) distribute new preschool slots equi-
18 tably among child care (including family
19 child care) providers, Head Start agencies,
20 and schools within the State.
21 (E) A certification that the State, in oper-
22 ating the program described in this section for
23 a fiscal year—
24 (i) will not reduce the total preschool
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1 programs from the number of such slots in
2 the previous fiscal year; or
3 (ii) if the number of eligible children
4 identified in the State declines from the
5 previous fiscal year, will maintain at least
6 the previous year’s ratio of the total pre-
7 school slots described in clause (i) to eligi-
8 ble children so identified.
9 (F) An assurance that the State will use
10 funding provided under this section to ensure
11 children with disabilities have access to and
12 participate in inclusive preschool programs con-
13 sistent with provisions in the Individuals with
14 Disabilities Education Act, and a description of
15 how the State will collaborate with entities car-
16 rying out programs under section 619 or part
17 C of the Individuals with Disabilities Education
18 Act, to support inclusive preschool programs.
19 (G) A certification that the State will sup-
20 port the continuous quality improvement of pro-
21 grams providing preschool services under this
22 section, including support through technical as-
23 sistance, monitoring, and research.
24 (H) A certification that the State will en-
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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.
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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
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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
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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
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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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