H. R. 5376, 117th Congress — To Provide for Reconciliation (Report No. 117–130)
Summary
H. R. 5376 is a bill to provide for reconciliation. The House printing dated September 27, 2021, states that Yarmuth, from the Committee on the Budget, reported the bill, which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed. Title I is Agriculture, with Subtitle A on general provisions including definitions and Subtitle B on Forestry. Section 11001 appropriates to the Secretary for fiscal year 2022 amounts for national forest system restoration and fuels reduction projects.
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Cite this document
“H. R. 5376, 117th Congress — To Provide for Reconciliation (Report No. 117–130).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5376rh-bills-117hr5376rh/
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IB
Union Calendar No. 94
117TH CONGRESS
1ST SESSION
H. R. 5376
[Report No. 117–130]
To provide for reconciliation pursuant to title II of S. Con. Res. 14.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 2021
Mr. YARMUTH, from the Committee on the Budget, reported the following bill;
which was committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
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A BILL
To provide for reconciliation pursuant to title II of S. Con.
Res. 14.
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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—AGRICULTURE
4 Subtitle A—General Provisions
5 SECTION 10001. DEFINITIONS.
6 In this title:
7 (1) The term ‘‘insular area’’ has the meaning
8 given such term in section 1404 of the National Ag-
9 ricultural Research, Extension, and Teaching Policy
10 Act of 1977 (7 U.S.C. 3103).
11 (2) The term ‘‘Secretary’’ means the Secretary
12 of Agriculture.
13 Subtitle B—Forestry
14 SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND
15 FUELS REDUCTION PROJECTS.
16 (a) APPROPRIATIONS.—In addition to amounts other-
17 wise available, there are appropriated to the Secretary for
18 fiscal year 2022, out of any money in the Treasury not
19 otherwise appropriated, to remain available until Sep-
20 tember 30, 2031—
21 (1) $10,000,000,000 for hazardous fuels reduc-
22 tion projects within the wildland-urban interface;
23 (2) $4,000,000,000 for, on a determination by
24 the Secretary that hazardous fuels within the
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25 wildland-urban interface have been effectively treat-
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1 ed to prevent the spread of wildfire to at-risk com-
2 munities, hazardous fuels reduction projects outside
3 the wildland-urban interface that are—
4 (A) noncommercial in nature, except on a
5 determination by the Secretary, in accordance
6 with the best available science, that the harvest
7 of merchantable materials is ecologically nec-
8 essary for restoration and to enhance ecological
9 integrity, subject to the requirement that the
10 sale of merchantable materials shall be limited
11 to small diameter trees or biomass that are a
12 byproduct of projects under this paragraph;
13 (B) collaboratively developed; and
14 (C) carried out in a manner that—
15 (i) enhances the ecological integrity
16 and achieves the restoration of a forest
17 ecosystem;
18 (ii) maximizes the retention of old-
19 growth and large trees, as appropriate for
20 the forest type; and
21 (iii) focuses on prescribed fire as the
22 primary means to achieve modified
23 wildland fire behavior, as measured by the
24 projected reduction of uncharacteristically
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25 severe wildfire effects for the forest type;
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1 (3) $1,000,000,000 for vegetation management
2 projects carried out solely on National Forest Sys-
3 tem land that the Secretary shall select following the
4 receipt of proposals submitted in accordance with
5 subsections (a), (b), and (c) of section 4003 of the
6 Omnibus Public Land Management Act of 2009 (16
7 U.S.C. 7303);
8 (4) $500,000,000 for vegetation management
9 projects carried out in accordance with—
10 (A) a water source management plan; or
11 (B) a watershed protection and restoration
12 action plan;
13 (5) $500,000,000 for vegetation management
14 projects that—
15 (A) maintain, or contribute toward the res-
16 toration of, old growth characteristics, including
17 structure, composition, function, and
18 connectivity, according to the reference old
19 growth conditions characteristic of the forest
20 type, taking into account—
21 (i) the contribution of the project to
22 landscape fire adaptation and the ecologi-
23 cal integrity of watershed and ecosystem
24 health; and
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1 (ii) the goal of retaining the large
2 trees contributing to old growth structure;
3 (B) focus primarily on small diameter trees
4 and prescribed fire to modify fire behavior, as
5 measured by the projected reduction of
6 uncharacteristically severe wildfire effects for
7 the forest type; and
8 (C) maximize the retention of large trees,
9 as appropriate for the forest type;
10 (6) $450,000,000 for the Legacy Roads and
11 Trails program of the Forest Service;
12 (7) $350,000,000 for National Forest System
13 land management planning and monitoring, with a
14 focus on—
15 (A) the assessment of watershed, ecologi-
16 cal, and carbon conditions on National Forest
17 System land; and
18 (B) the revision and amendment of older
19 land management plans that present opportuni-
20 ties to protect, maintain, restore, and monitor
21 ecological integrity, ecological conditions for at-
22 risk species, and carbon storage;
23 (8) $100,000,000 for maintenance of trails on
24 National Forest System land, with a focus on trails
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1 that provide to underserved communities access to
2 National Forest System land;
3 (9) $100,000,000 for capital maintenance and
4 improvements on National Forest System land, with
5 a focus on maintenance level 3, 4, and 5 roads and
6 improvements that restore ecological integrity and
7 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 et seq.) through—
14 (A) the hiring and training of additional
15 personnel;
16 (B) the development of programmatic as-
17 sessments or templates;
18 (C) the procurement of technical or sci-
19 entific services;
20 (D) the development of data or technology
21 systems;
22 (E) stakeholder and community engage-
23 ment; and
24 (F) the purchase of new equipment;
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1 (11) $50,000,000 to develop and carry out ac-
2 tivities and tactics for the protection of older and
3 mature forests on National Forest System land, in-
4 cluding completing an inventory of older and mature
5 forests within the National Forest System;
6 (12) $50,000,000 to develop and carry out ac-
7 tivities and tactics for the maintenance and restora-
8 tion of habitat conditions necessary for the protec-
9 tion and recovery of at-risk species on National For-
10 est System land in implementing Forest Service haz-
11 ardous fuels reduction and other vegetation manage-
12 ment programs and projects based on a science-
13 based analysis carried out by the Secretary;
14 (13) $50,000,000 to carry out post-fire recovery
15 plans that—
16 (A) emphasize the use of locally adapted
17 native plant materials to restore the ecological
18 integrity of disturbed areas; and
19 (B) do not include salvage logging;
20 (14) $50,000,000 to develop and carry out non-
21 lethal activities and tactics to reduce human-wildlife
22 conflicts on National Forest System land; and
23 (15) $2,250,000,000 to be used for staffing,
24 salaries, and other workforce needs to support the
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25 development of a Civilian Climate Corps for the pur-
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1 poses of managing National Forest System land,
2 subject to the conditions that—
3 (A) the amounts made available under this
4 paragraph shall be in addition to any amounts
5 required for salaries and expenses needed to
6 carry out projects under this subsection; and
7 (B) members of the Civilian Climate Corps
8 shall be compensated at not less than 200 per-
9 cent of the annual Federal poverty line.
10 (b) PRIORITY FOR FUNDING.—The Secretary shall
11 prioritize for implementation under this section projects
12 described in paragraphs (1) through (5) of subsection
13 (a)—
14 (1) for which an environmental assessment or
15 an environmental impact statement required under
16 the National Environmental Policy Act of 1969 (42
17 U.S.C. 4321 et seq.) has been completed;
18 (2) that are collaboratively developed; or
19 (3) that include opportunities to restore sus-
20 tainable recreation infrastructure or access or ac-
21 complish other recreation outcomes, if the opportuni-
22 ties are compatible with the primary restoration pur-
23 poses of the project.
24 (c) LIMITATIONS.—None of the funds made available
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25 by this section may be used for any activity—
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1 (1) conducted in a wilderness area or wilderness
2 study area;
3 (2) that includes the construction of a perma-
4 nent road or permanent trail;
5 (3) that includes the construction of a tem-
6 porary road, except in the case of a temporary road
7 that is decommissioned by the Secretary not later
8 than 3 years after the earlier of—
9 (A) the date on which the temporary road
10 is no longer needed; and
11 (B) the date on which the project for
12 which the temporary road was constructed is
13 completed;
14 (4) inconsistent with the applicable land man-
15 agement plan;
16 (5) inconsistent with the prohibitions of the rule
17 of the Forest Service entitled ‘‘Special Areas;
18 Roadless Area Conservation’’ (66 Fed. Reg. 3244
19 (January 12, 2001)), as modified by subparts C and
20 D of part 294 of title 36, Code of Federal Regula-
21 tions; or
22 (6) carried out on any land that is not National
23 Forest System land, including other forested land on
24 Federal, State, Tribal, or private land.
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25 (d) DEFINITIONS.—In this section:
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1 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk
2 community’’ has the meaning given the term in sec-
3 tion 101 of the Healthy Forests Restoration Act of
4 2003 (16 U.S.C. 6511).
5 (2) COLLABORATIVELY DEVELOPED.—The term
6 ‘‘collaboratively developed’’ means, with respect to a
7 project located exclusively on National Forest Sys-
8 tem land, that the project is developed and imple-
9 mented through a collaborative process that—
10 (A) includes multiple interested persons
11 representing diverse interests; and
12 (B)(i) is transparent and nonexclusive; or
13 (ii) meets the requirements for a resource
14 advisory committee under subsections (c)
15 through (f) of section 205 of the Secure Rural
16 Schools and Community Self-Determination Act
17 of 2000 (16 U.S.C. 7125).
18 (3) DECOMMISSION.—The term ‘‘decommis-
19 sion’’ means, with respect to a road—
20 (A) reestablishing native vegetation on the
21 road;
22 (B) restoring any natural drainage, water-
23 shed function, or other ecological processes that
24 were disrupted or adversely impacted by the
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25 road by removing or hydrologically dis-
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1 connecting the road prism and reestablishing
2 stable slope contours; and
3 (C) effectively blocking the road to vehic-
4 ular traffic, where feasible.
5 (4) ECOLOGICAL INTEGRITY.—The term ‘‘eco-
6 logical integrity’’ has the meaning given the term in
7 section 219.19 of title 36, Code of Federal Regula-
8 tions (as in effect on the date of enactment of this
9 Act).
10 (5) HAZARDOUS FUELS REDUCTION
11 PROJECT.—The term ‘‘hazardous fuels reduction
12 project’’ means an activity, including the use of pre-
13 scribed fire, to protect structures and communities
14 from wildfire that is carried out on National Forest
15 System land.
16 (6) RESTORATION.—The term ‘‘restoration’’
17 has the meaning given the term in section 219.19 of
18 title 36, Code of Federal Regulations (as in effect on
19 the date of enactment of this Act).
20 (7) VEGETATION MANAGEMENT PROJECT.—The
21 term ‘‘vegetation management project’’ means an ac-
22 tivity carried out on National Forest System land to
23 enhance the ecological integrity and achieve the res-
24 toration of a forest ecosystem through—
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25 (A) the removal of vegetation;
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1 (B) the use of prescribed fire;
2 (C) the restoration of aquatic habitat; or
3 (D) the decommissioning of an unauthor-
4 ized, temporary, or system road.
5 (8) WATER SOURCE MANAGEMENT PLAN.—The
6 term ‘‘water source management plan’’ means a plan
7 developed under section 303(d)(1) of the Healthy
8 Forests Restoration Act of 2003 (16 U.S.C.
9 6542(d)(1)).
10 (9) WATERSHED PROTECTION AND RESTORA-
11 TION ACTION PLAN.—The term ‘‘watershed protec-
12 tion and restoration action plan’’ means a plan de-
13 veloped under section 304(a)(3) of the Healthy For-
14 ests Restoration Act of 2003 (16 U.S.C.
15 6543(a)(3)).
16 (10) WILDLAND-URBAN INTERFACE.—The term
17 ‘‘wildland-urban interface’’—
18 (A) in the case of the lower 48 States,
19 means the areas mapped as the wildland-urban
20 interface in the document entitled ‘‘The
21 Wildland-Urban Interface of the Conterminous
22 United States’’, and published by the Depart-
23 ment of Agriculture in 2015; and
24 (B) in the case of the States of Alaska and
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25 Hawaii, has the meaning given the term in sec-
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1 tion 101 of the Healthy Forests Restoration
2 Act of 2003 (16 U.S.C. 6511).
3 SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION
4 AND FUELS REDUCTION PROJECTS AND RE-
5 SEARCH.
6 (a) APPROPRIATIONS.—In addition to amounts other-
7 wise available, there are appropriated to the Secretary for
8 fiscal year 2022, out of any money in the Treasury not
9 otherwise appropriated, to remain available until Sep-
10 tember 30, 2031—
11 (1) $9,000,000,000 to award grants to a Trib-
12 al, State, or local government, a regional organiza-
13 tion, a special district, or a nonprofit organization to
14 support, on non-Federal land, forest restoration and
15 resilience projects, including projects to reduce the
16 risk of wildfires and establish defensible space
17 around structures within at-risk communities;
18 (2) $1,000,000,000 to award grants to a Trib-
19 al, State, or local government, a regional organiza-
20 tion, a special district, or a nonprofit organization to
21 implement community wildfire protection plans (as
22 defined in section 101 of the Healthy Forests Res-
23 toration Act of 2003 (16 U.S.C. 6511)), purchase
24 firefighting equipment, provide firefighter training,
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25 and increase the capacity for planning, coordinating,
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1 and monitoring projects on non-Federal land to pro-
2 tect at-risk communities (as defined in section 101
3 of the Healthy Forests Restoration Act of 2003 (16
4 U.S.C. 6511));
5 (3) $250,000,000 to award grants to a Tribal,
6 State, or local government, a regional organization,
7 a special district, or a nonprofit organization for
8 projects on non-Federal land to aid in the recovery
9 and rehabilitation of burned areas, including refor-
10 estation;
11 (4) $250,000,000 to award grants to a Tribal,
12 State, or local government, a regional organization,
13 a special district, or a nonprofit organization for
14 projects on non-Federal land to expand equitable
15 outdoor access and promote tourism on non-Federal
16 forested land for members of underserved groups;
17 (5) $250,000,000 for the State Fire Assistance
18 and Volunteer Fire Assistance programs established
19 under the Cooperative Forestry Assistance Act of
20 1978 (16 U.S.C. 2101 et seq.), to be distributed at
21 the discretion of the Secretary;
22 (6) $250,000,000 for the implementation of
23 State-wide forest resource strategies under section
24 2A of the Cooperative Forestry Assistance Act of
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25 1978 (16 U.S.C. 2101a);
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1 (7) $250,000,000 for the competitive grant pro-
2 gram under section 13A of the Cooperative Forestry
3 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
4 viding through that program a cost share to carry
5 out climate mitigation or forest resilience practices
6 in the case of underserved forest landowners, subject
7 to the condition that subsection (h) of that section
8 shall not apply;
9 (8) $250,000,000 for the competitive grant pro-
10 gram under section 13A of the Cooperative Forestry
11 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
12 viding through that program grants to support the
13 participation of underserved forest landowners in
14 emerging private markets for climate mitigation or
15 forest resilience, subject to the condition that sub-
16 section (h) of that section shall not apply;
17 (9) $250,000,000 for the competitive grant pro-
18 gram under section 13A of the Cooperative Forestry
19 Assistance Act of 1978 (16 U.S.C. 2109a) for pro-
20 viding through that program grants to support the
21 participation of forest landowners who own less than
22 2,500 acres of forest land in emerging private mar-
23 kets for climate mitigation or forest resilience, sub-
24 ject to the condition that subsection (h) of that sec-
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25 tion shall not apply;
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1 (10) $500,000,000 for the competitive grant
2 program under section 13A of the Cooperative For-
3 estry Assistance Act of 1978 (16 U.S.C. 2109a) to
4 provide grants to states and other eligible entities to
5 provide payments to owners of private forest land
6 for implementation of forestry practices on private
7 forest land, that are determined by the Secretary,
8 based on the best available science, to provide meas-
9 urable increases in carbon sequestration and storage
10 beyond customary practices on comparable land,
11 subject to the conditions that—
12 (A) those payments shall not preclude
13 landowners from participation in other public
14 and private sector financial incentive programs;
15 and
16 (B) subsection (h) of that section shall not
17 apply;
18 (11) $50,000,000 to carry out the healthy for-
19 ests reserve program established under section 501
20 of the Healthy Forests Restoration Act of 2003 (16
21 U.S.C. 6571);
22 (12) $50,000,000 for the forest inventory and
23 analysis program established under section 3(e) of
24 the Forest and Rangeland Renewable Resources Re-
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25 search Act of 1978 (16 U.S.C. 1642(e)) for collabo-
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1 rative partnerships with the National Association of
2 University Forest Resources Programs;
3 (13) $50,000,000 for the forest inventory and
4 analysis program established under section 3(e) of
5 the Forest and Rangeland Renewable Resources Re-
6 search Act of 1978 (16 U.S.C. 1642(e)) for activi-
7 ties and tactics to accelerate and expand existing re-
8 search efforts to improve forest carbon monitoring
9 technologies to better predict changes in forest car-
10 bon due to climate change;
11 (14) $100,000,000 for the forest inventory and
12 analysis program established under section 3(e) of
13 the Forest and Rangeland Renewable Resources Re-
14 search Act of 1978 (16 U.S.C. 1642(e)) to carry out
15 recommendations from a panel of relevant experts
16 convened by the Secretary that has reviewed and,
17 based on the review, issued recommendations regard-
18 ing the current priorities and future needs of the
19 forest inventory and analysis program with respect
20 to climate change, forest health, sustainable wood
21 products, and increasing carbon storage in forests;
22 (15) $50,000,000 for the forest inventory and
23 analysis program established under section 3(e) of
24 the Forest and Rangeland Renewable Resources Re-
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25 search Act of 1978 (16 U.S.C. 1642(e)) to provide
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1 enhancements to the technology managed and used
2 by the forest inventory and analysis program, includ-
3 ing cloud computing and remote sensing for pur-
4 poses such as small area estimation;
5 (16) $1,000,000,000 to provide grants under
6 the wood innovation grant program under section
7 8643 of the Agriculture Improvement Act of 2018
8 (7 U.S.C. 7655d), including for the construction of
9 new facilities that advance the purposes of the pro-
10 gram, subject to the conditions that—
11 (A) the amount of such a grant shall be
12 not more than $5,000,000;
13 (B) notwithstanding subsection (d) of that
14 section, a recipient of such a grant shall provide
15 funds equal to not less than 50 percent of the
16 amount received under the grant, to be derived
17 from non-Federal sources; and
18 (C) a priority shall be placed on projects
19 that create a financial model for addressing for-
20 est restoration needs on public or private forest
21 land;
22 (17) $50,000,000 for the research mission area
23 of the Forest Service to accelerate and expand exist-
24 ing research efforts relating to strategies to increase
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25 carbon stocks on National Forest System land;
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1 (18) $50,000,000 for the research mission area
2 of the Forest Service to accelerate and expand exist-
3 ing research efforts relating to the impacts of cli-
4 mate change and weather variability on national for-
5 est ecosystems;
6 (19) $50,000,000 for the research mission area
7 of the Forest Service to accelerate and expand exist-
8 ing research efforts relating to strategies to ensure
9 that national forest ecosystems, including forests,
10 plants, aquatic ecosystems, and wildlife, are able to
11 adapt to climate change and weather variability;
12 (20) $50,000,000 for the research mission area
13 of the Forest Service to assess the quantity of car-
14 bon sequestration and storage accomplished by dif-
15 ferent forest practices when applied in diverse eco-
16 logical and geographic settings;
17 (21) $50,000,000 for the research mission area
18 of the Forest Service to carry out greenhouse gas
19 life cycle analyses of domestic wood products;
20 (22) $50,000,000 for the Forest Health Moni-
21 toring Program of the Forest Service for activities
22 and tactics to reduce the spread of invasive species
23 on non-Federal forested land; and
24 (23) $2,250,000,000 to be used for staffing,
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25 salaries, and other workforce needs and expenses to
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1 support the development of a Civilian Climate Corps
2 for carrying out projects on non-Federal land
3 through the Forest Service State and private for-
4 estry mission area and other Department of Agri-
5 culture programs, including rural and urban con-
6 servation and tree planting projects, subject to the
7 conditions that—
8 (A) the amounts made available under this
9 paragraph shall be in addition to any amounts
10 required for salaries and expenses needed to
11 carry out projects under this subsection; and
12 (B) members of the Civilian Climate Corps
13 shall be compensated at not less than 200 per-
14 cent of the annual Federal poverty line.
15 (b) SUBMISSION OF NON-FEDERAL RESTORATION
16 AREAS BY STATES.—
17 (1) IN GENERAL.—The Governor of a State
18 may submit to the Secretary, in writing, a request
19 to include with land on which a project is carried out
20 using amounts made available by this section certain
21 non-Federal land in the State.
22 (2) INCLUSIONS.—A written request submitted
23 under paragraph (1) may include 1 or more maps or
24 recommendations.
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1 (3) AUTHORIZATION.—On approval of a written
2 request submitted under paragraph (1), a project
3 may be carried out using amounts made available by
4 this section on the non-Federal land in the State
5 that is the subject of the request.
6 (c) COST-SHARING REQUIREMENT.—
7 (1) IN GENERAL.—The grants made available
8 under paragraphs (1) through (5) of subsection (a)
9 shall be subject to a non-Federal match requirement
10 of not less than 20 percent of the overall project
11 cost.
12 (2) WAIVER.—The cost-sharing requirement
13 under paragraph (1) may be waived, at the discre-
14 tion of the Secretary, for high priority projects
15 that—
16 (A) have the purpose of protecting human
17 life or critical infrastructure; and
18 (B) are located in counties where the aver-
19 age median household income of the population
20 is less than 150 percent of the poverty line.
21 SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVA-
22 TION PROGRAMS.
23 (a) APPROPRIATIONS.—In addition to amounts other-
24 wise available, there are appropriated to the Secretary for
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25 fiscal year 2022, out of any money in the Treasury not
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1 otherwise appropriated, to remain available until Sep-
2 tember 30, 2031—
3 (1) $1,250,000,000 to provide competitive
4 grants to eligible entities through the Forest Legacy
5 Program established under section 7 of the Coopera-
6 tive Forestry Assistance Act of 1978 (16 U.S.C.
7 2103c) to acquire land and interests in land that—
8 (A) offer significant natural carbon seques-
9 tration benefits; or
10 (B) contribute to the resilience of commu-
11 nity infrastructure, local economies, or natural
12 systems;
13 (2) $3,000,000,000 to provide multi-year, pro-
14 grammatic, competitive grants to a State agency, a
15 local governmental entity, an Indian Tribe, or a non-
16 profit organization through the Urban and Commu-
17 nity Forestry Assistance program established under
18 section 9(c) of the Cooperative Forestry Assistance
19 Act of 1978 (16 U.S.C. 2105(c)) for tree planting
20 and related activities to increase community tree
21 canopy and associated societal and climate co-bene-
22 fits, with a priority for projects that increase tree
23 equity; and
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1 (3) $100,000,000 for the acquisition of urban
2 and community forests through the Community For-
3 est and Open Space Program of the Forest Service.
4 (b) PRIORITY.—In providing grants under this sec-
5 tion, the Secretary shall—
6 (1) with respect to grants under subsection
7 (a)(2), give priority to projects that are located in—
8 (A) a census block group in which 30 per-
9 cent or more of the population lives below the
10 poverty line; and
11 (B) a neighborhood with lower tree canopy
12 and higher maximum daytime summer tempera-
13 tures compared to surrounding neighborhoods,
14 as determined by the Secretary, based on pub-
15 licly available information;
16 (2) with respect to grants under paragraphs (1)
17 and (2) of subsection (a), give priority to grant ap-
18 plications from underserved populations; and
19 (3) set aside not less than 10 percent of the
20 amounts made available under each of paragraphs
21 (1) and (2) of subsection (a) to provide grants under
22 each of those paragraphs to individuals who are
23 members of underserved populations.
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1 SEC. 11004. LIMITATION.
2 The funds made available under this subtitle are sub-
3 ject to the condition that the Secretary shall not—
4 (1) enter into any agreement—
5 (A) that is for a term extending beyond
6 September 30, 2031; and
7 (B) under which any payment could be
8 outlaid or funds disbursed after September 30,
9 2031; and
10 (2) use any other funds available to the Sec-
11 retary to satisfy obligations initially made under this
12 subtitle.
13 Subtitle C—Rural Development
14 and Energy
15 SEC. 12001. ADDITIONAL SUPPORT FOR THE USDA BUSI-
16 NESS AND INDUSTRY LOAN PROGRAM.
17 In addition to amounts otherwise available, there is
18 appropriated to the Secretary for fiscal year 2022, out of
19 any money in the Treasury not otherwise appropriated,
20 and notwithstanding sections 381E through 381H and
21 381N of the Consolidated Farm and Rural Development
22 Act (7 U.S.C. 2009d through 2009g and 2009m),
23 $40,000,000, to remain available until September 30,
24 2031, for the cost of direct loans and loan guarantees for
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25 the rural business development programs authorized under
26 section 310B of the Consolidated Farm and Rural Devel-
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1 opment Act and described in subsections (a) and (g) of
2 section 310B of the Consolidated Farm and Rural Devel-
3 opment Act (7 U.S.C. 1932(a) and (g)).
4 SEC. 12002. ADDITIONAL SUPPORT FOR USDA RURAL
5 WATER PROGRAMS.
6 In addition to amounts otherwise available, there is
7 appropriated to the Secretary for fiscal year 2022, out of
8 any money in the Treasury not otherwise appropriated,
9 and notwithstanding sections 381E through 381H and
10 381N of the Consolidated Farm and Rural Development
11 Act (7 U.S.C. 2009d through 2009g and 2009m),
12 $430,000,000, to remain available until September 30,
13 2031, for the cost of grants for rural water and waste
14 water programs authorized by sections 306, 306C, and
15 306D and described in sections 306C(a)(2) and 306D of
16 the Consolidated Farm and Rural Development Act in—
17 (1) persistent poverty counties or, notwith-
18 standing any population limits specified in the Con-
19 solidated Farm and Rural Development Act, a coun-
20 ty seat of a persistent poverty county with a popu-
21 lation that does not exceed the authorized population
22 limit by more than 10 percent; and
23 (2) insular areas.
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1 SEC. 12003. SUBSIDY FOR CERTAIN USDA RURAL DEVELOP-
2 MENT LOAN PAYMENTS.
3 (a) APPROPRIATION.—In addition to the amounts
4 otherwise available, there is appropriated to the Secretary
5 for fiscal year 2022, out of any money in the Treasury
6 not otherwise appropriated, $390,000,000, to remain
7 available until September 30, 2031, to carry out this sec-
8 tion.
9 (b) USE OF FUNDS.—
10 (1) PAYMENT.—The Secretary shall make a
11 payment to the lender on a covered loan equal to
12 half of the total of the installment amounts owed by
13 the borrower on the loan for 1 year, if the borrower
14 has the opportunity to opt out of the payment.
15 (2) ADDITIONAL PAYMENTS.—To the extent
16 that amounts made available by subsection (a) re-
17 main after making the payments under paragraph
18 (1), the Secretary shall make additional loan pay-
19 ments on a covered loan.
20 (c) TERMS AND CONDITIONS.—
21 (1) WAIVER.—The Secretary shall waive statu-
22 tory limits on maximum loan maturities for any cov-
23 ered loan durations, including those where the lender
24 provides a deferral and extends the maturity of a
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25 covered loan during the 1-year period beginning with
26 the date of enactment of this Act.
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1 (2) EXTENSION.—The Secretary shall, when
2 necessary to provide more time because of the poten-
3 tial of higher volumes, travel restrictions, and the in-
4 ability to access some properties during the COVID-
5 19 pandemic, extend lender site visit requirements
6 to—
7 (A) not more than 60 days (which may be
8 extended at the discretion of the Secretary)
9 after the occurrence of an adverse event, other
10 than a payment default, that causes a loan to
11 be classified as in liquidation; and
12 (B) not more than 90 days after a pay-
13 ment default.
14 (d) DEFINITION.—In this section, the term ‘‘covered
15 loan’’ means—
16 (1) a business and industry loan made or guar-
17 anteed before January 1, 2021, under subsection (a)
18 or (g) of section 310B of the Consolidated Farm
19 and Rural Development Act (7 U.S.C. 1932(a) or
20 (g));
21 (2) a loan that is made by an intermediary
22 lender before January 1, 2021, to an ultimate recipi-
23 ent using a loan received under section 1323 of the
24 Food Security Act of 1985 (7 U.S.C. 1932 note;
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25 Public Law 99–198) or section 310H of the Consoli-
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1 dated Farm and Rural Development Act (7 U.S.C.
2 1936b); and
3 (3) a loan that is made by a microenterprise de-
4 velopment organization before January 1, 2021, to
5 a microentrepreneur under section 379E of the Con-
6 solidated Farm and Rural Development Act (7
7 U.S.C. 2008s).
8 SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
9 (a) APPROPRIATION.—In addition to amounts other-
10 wise available, there is appropriated to the Secretary for
11 fiscal year 2022, out of any money in the Treasury not
12 otherwise appropriated, $200,000,000, to remain available
13 until September 30, 2031, to carry out this section.
14 (b) USE OF FUNDS.—
15 (1) IN GENERAL.—Except as provided in para-
16 graph (2) of this subsection, at the election of an eli-
17 gible entity to which a loan is made under section
18 6407(c) of the Farm Security and Rural Investment
19 Act of 2002 (7 U.S.C. 8107a(c)), the Secretary shall
20 make a grant to the eligible entity in an amount
21 equal to not more than 5 percent of the loan amount
22 for the purposes of costs incurred in—
23 (A) applying for a loan received under sec-
24 tion 6407(c) of such Act;
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1 (B) making a loan under section 6407(d)
2 of such Act;
3 (C) making repairs to the property of a
4 qualified consumer that facilitate the energy ef-
5 ficiency measures for the property financed
6 through a loan under section 6407(d) of such
7 Act;
8 (D) entering into a contract under section
9 6407(e) of such Act; or
10 (E) carrying out the duties of an eligible
11 entity under section 6407 of such Act.
12 (2) PERSISTENT POVERTY COUNTIES.—In the
13 case that the grant is for the purpose of making a
14 loan under section 6407(d) of the Farm Security
15 and Rural Investment Act of 2002 (7 U.S.C.
16 8107a(d)) to a qualified consumer in a persistent
17 poverty county (as determined by the Secretary), the
18 percentage limitation in paragraph (1) of this sub-
19 section shall be 10 percent.
20 (c) DEFINITIONS.—In this section:
21 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
22 ty’’ has the meaning given the term in section
23 6407(b) of the Farm Security and Rural Investment
24 Act of 2002 (7 U.S.C. 8107a(b)).
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1 (2) QUALIFIED CONSUMER.—The term ‘‘quali-
2 fied consumer’’ has the meaning given the term in
3 section 6407(b) of the Farm Security and Rural In-
4 vestment Act of 2002 (7 U.S.C. 8107a(b)).
5 SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
6 (a) APPROPRIATION.—In addition to amounts other-
7 wise available, there is appropriated to the Secretary, out
8 of any money in the Treasury not otherwise appropriated,
9 for eligible projects under the Rural Energy for America
10 Program established under section 9007 of the Farm Se-
11 curity and Rural Investment Act of 2002 (7 U.S.C.
12 8107)—
13 (1) $811,750,000 for fiscal year 2022, to re-
14 main available until September 30, 2031, and for
15 which there may be no outlays after September 30,
16 2031; and
17 (2) $272,000,000 for each of fiscal years 2023
18 through 2027, to remain available until September
19 30, 2031, and for which there may be no outlays
20 after September 30, 2031.
21 (b) UNDERUTILIZED RENEWABLE ENERGY TECH-
22 NOLOGIES.—In addition to amounts otherwise available,
23 there is appropriated to the Secretary, out of any money
24 in the Treasury not otherwise appropriated, to provide
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25 grants and other financial assistance under the program
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1 described in subsection (a) relating to underutilized renew-
2 able energy technologies, and to provide technical assist-
3 ance for applying to such program, as determined by the
4 Secretary, and to the extent the following amounts remain
5 available at the end of each fiscal year, the Secretary shall
6 use such amounts in accordance with subsection (a)—
7 (1) $143,250,000 for fiscal year 2022, to re-
8 main available until September 30, 2031, and for
9 which there may be no outlays after September 30,
10 2031; and
11 (2) $48,000,000 for each of fiscal years 2023
12 through 2027, to remain available until September
13 30, 2031, and for which there may be no outlays
14 after September 30, 2031.
15 (c) NON-FEDERAL SHARE.—Notwithstanding section
16 9007(c)(3)(A) of the Farm Security and Rural Investment
17 Act of 2002 (7 U.S.C. 8107(c)(3)(A)), the amount of a
18 grant provided using amounts made available by this sec-
19 tion shall not exceed 50 percent of the cost of the activity
20 carried out using the grant funds.
21 SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRI-
22 CULTURE PRODUCT MARKET EXPANSION.
23 (a) APPROPRIATION.—In addition to amounts other-
24 wise available, there is appropriated to the Secretary for
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25 fiscal year 2022, out of any money in the Treasury not
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1 otherwise appropriated, $960,000,000, to remain available
2 until September 30, 2031, to carry out this section.
3 (b) USE OF FUNDS.—The Secretary shall use the
4 amounts made available by subsection (a) to provide
5 grants, on a competitive basis, to eligible entities described
6 in subsection (c)—
7 (1) to install, retrofit, or otherwise upgrade fuel
8 dispensers or pumps and related equipment, storage
9 tank system components, and other infrastructure
10 required at a location to ensure the environmentally
11 safe availability of fuel containing ethanol blends at
12 levels greater than 10 percent (as determined by the
13 Secretary) or fuel containing biodiesel blends at lev-
14 els greater than 20 percent (as determined by the
15 Secretary); and
16 (2) to build and retrofit distribution systems for
17 ethanol blends, traditional and pipeline biodiesel ter-
18 minal operations (including rail lines), and home
19 heating oil distribution centers or equivalent enti-
20 ties—
21 (A) to blend biodiesel; and
22 (B) to carry ethanol and biodiesel.
23 (c) ELIGIBLE ENTITIES.—Entities eligible to receive
24 a grant under this section are transportation fueling facili-
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1 convenience stores, hypermarket retailer fueling stations,
2 fleet facilities, as well as fuel terminal operations, mid-
3 stream partners, and heating oil distribution facilities or
4 equivalent entities.
5 (d) FEDERAL SHARE.—The Federal share of the
6 total cost of carrying out a project for which a grant is
7 provided under this section shall be not more than 75 per-
8 cent.
9 (e) LIMITATION.—The Secretary may not limit the
10 amount of funding an eligible entity may receive under
11 this section.
12 SEC. 12007. CLEAN ENERGY REPOWERING FOR RURAL
13 UTILITIES.
14 (a) APPROPRIATION.—In addition to amounts other-
15 wise available, there is appropriated to the Secretary for
16 fiscal year 2022, out of any money in the Treasury not
17 otherwise appropriated, $9,700,000,000, to remain avail-
18 able until September 30, 2031, to provide to an eligible
19 entity assistance under paragraphs (1) and (2) by
20 prioritizing such assistance to eligible entities that will
21 achieve the greatest reduction in greenhouse gas emissions
22 using such assistance and that will otherwise aid disadvan-
23 taged communities (as determined by the Secretary)
24 when—
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1 (1) making grants and loans (including the cost
2 of loans and modifications thereof as defined in sec-
3 tion 502 of the Congressional Budget Act of 1974)
4 to purchase renewable energy or renewable energy
5 systems (as defined in section 9001(15) and (16) of
6 the Farm Security and Rural Investment Act of
7 2002 (7 U.S.C. 8101(15) and (16))), deploy renew-
8 able energy systems, or make energy efficiency im-
9 provements after the date of enactment of this Act;
10 and
11 (2) making grants for debt relief and other
12 costs associated with terminating, after the date of
13 enactment of this Act or up to one year prior to the
14 date of enactment, the use of—
15 (A) facilities with high greenhouse gas
16 emissions; and
17 (B) related transmission assets.
18 (b) LIMITATION.—No eligible entity may receive an
19 amount equal to more than 10 percent of the total amount
20 made available by this section.
21 (c) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
22 tion, the term ‘‘eligible entity’’ means—
23 (1) an electric cooperative described in section
24 501(c)(12) or 1381(a)(2) of the Internal Revenue
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25 Code of 1986; and
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1 (2) an entity primarily owned or controlled by
2 1 or more entities described in paragraph (1).
3 SEC. 12008. RURAL PARTNERSHIP PROGRAM.
4 (a) RURAL PROSPERITY DEVELOPMENT GRANTS.—
5 (1) APPROPRIATION.—In addition to amounts
6 otherwise available, there is appropriated to the Sec-
7 retary for fiscal year 2022, out of any money in the
8 Treasury not otherwise appropriated,
9 $3,500,000,000, to remain available until September
10 30, 2031, to carry out this subsection to provide
11 grants to support rural development under this sub-
12 section.
13 (2) ALLOCATION OF FUNDS.—
14 (A) FORMULA.—The Secretary shall estab-
15 lish a formula pursuant to which the Secretary
16 shall allocate, for each State and for Indian
17 Tribes, an amount to be provided under this
18 subsection to eligible applicants described in
19 paragraph (3).
20 (B) REQUIREMENTS.—
21 (i) FORMULA.—The formula estab-
22 lished under subparagraph (A) shall in-
23 clude a graduated scale for the amount to
24 be allocated under this subsection for eligi-
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25 ble applicants in each State and eligible
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1 applicants of Indian Tribes, with higher
2 amounts provided based on lower popu-
3 lations and lower income levels, as deter-
4 mined by the Secretary.
5 (ii) PRIORITY.—In awarding grants
6 under this subsection to eligible applicants
7 in each State and eligible applicants of In-
8 dian Tribes, the Secretary shall give pri-
9 ority to eligible applicants representing a
10 micropolitan statistical area (as defined by
11 the Office of Management and Budget)
12 and 1 or more rural areas contiguous to
13 that micropolitan statistical area.
14 (3) ELIGIBLE APPLICANTS.—The Secretary
15 may make a grant under this subsection to a part-
16 nership no member of which has received a grant
17 under subsection (b) and that—
18 (A) is composed of—
19 (i) entities representing a region com-
20 posed of 1 or more rural areas, including—
21 (I) except as provided in sub-
22 paragraph (B), 1 or more of—
23 (aa) a unit of local govern-
24 ment;
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25 (bb) a Tribal government; or
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1 (cc) an authority, agency, or
2 instrumentality of an entity de-
3 scribed in item (aa) or (bb); and
4 (II) a nonprofit or for-profit or-
5 ganization, including a public benefit
6 corporation, an economic development
7 organization, a community or labor
8 organization, an institution of higher
9 education, a community development
10 financial institution, a philanthropic
11 organization, an instrumentality of a
12 State agency relevant to community
13 and rural development, a cooperative
14 extension, an institution in the Farm
15 Credit System, and a local food policy
16 council; and
17 (ii) such other entities as the Sec-
18 retary or the partnership may determine to
19 be appropriate;
20 (B) does not include a member described
21 in subparagraph (A)(i)(I), but demonstrates
22 significant community support sufficient to sup-
23 port a likelihood of success on the proposed
24 projects, as determined by the Secretary; and
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1 (C) demonstrates, as determined by the
2 Secretary, cooperation among the members of
3 the partnership necessary to complete com-
4 prehensive, asset-based rural development to
5 align Federal, State, regional, and Tribal in-
6 vestment, while leveraging nongovernmental re-
7 sources, to build economic resilience and aid
8 economic recovery, including in communities
9 impacted by economic transitions and climate
10 change.
11 (4) ELIGIBLE ACTIVITIES.—The use of grant
12 funds provided under this subsection may be used
13 for the following purposes, provided that, where ap-
14 plicable, the performance of any construction work
15 completed with the grant funds shall meet the condi-
16 tion described section 9003(f) of the Farm Security
17 and Rural Investment Act of 2002 (7 U.S.C.
18 8103(f)):
19 (A) Conducting comprehensive rural devel-
20 opment and pre-development activities and
21 planning.
22 (B) Supporting organizational operating
23 expenses relating to the rural development ac-
24 tivities for which the grant was provided.
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1 (C) Implementing planned rural develop-
2 ment activities and projects.
3 (5) TERMS AND CONDITIONS.—
4 (A) IN GENERAL.—The recipient of a
5 grant under this subsection may not receive an
6 additional grant under this subsection or fund-
7 ing to implement activities pursuant to a rural
8 development plan unless the recipient provides
9 to the Secretary an annual plan and report,
10 which the Secretary has approved, on the use of
11 each grant provided to the recipient under this
12 subsection.
13 (B) LIMITATION.—Not more than 25 per-
14 cent of amounts received by a recipient of a
15 grant under this subsection may be used to sat-
16 isfy a Federal matching requirement of any
17 other program.
18 (6) MATCHING REQUIREMENT.—
19 (A) IN GENERAL.—Subject to subpara-
20 graph (B), the recipient of a grant under this
21 subsection shall contribute a non-Federal match
22 of 25 percent of the amount of the grant, which
23 may be satisfied through an in-kind contribu-
24 tion.
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1 (B) WAIVER.—The Secretary may waive
2 any portion of the matching requirement de-
3 scribed in subparagraph (A) on a finding that
4 the recipient of the applicable grant is economi-
5 cally distressed.
6 (b) RURAL PROSPERITY INNOVATION GRANTS.—
7 (1) APPROPRIATION.—In addition to amounts
8 otherwise available, there is appropriated to the Sec-
9 retary for fiscal year 2022, out of any money in the
10 Treasury not otherwise appropriated, $370,000,000,
11 to remain available until September 30, 2031, to
12 carry out this subsection.
13 (2) ELIGIBLE APPLICANTS.—The Secretary
14 may make a grant under this subsection to an entity
15 that has not received a grant under subsection (a)
16 and that—
17 (A) serves rural areas; and
18 (B) is a qualified nonprofit corporation or
19 an institution of higher education.
20 (3) ELIGIBLE ACTIVITIES.—A grant provided
21 under this subsection may be used—
22 (A) to support activities of the recipient re-
23 lating to—
24 (i) development and predevelopment
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25 planning aspects of rural development; and
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1 (ii) organizational capacity-building
2 necessary to support the rural development
3 activities funded by the grant; and
4 (B) to support the recipient of a grant
5 under subsection (a) in carrying out activities
6 for which that grant was provided.
7 (4) MATCHING REQUIREMENT.—The recipient
8 of a grant under this subsection shall contribute a
9 non-Federal match of 20 percent of the amount of
10 the grant.
11 (c) DEFINITIONS.—In this section:
12 (1) RURAL AREA.—The term ‘‘rural area’’ has
13 the meaning given the term in section 343(a)(13)(C)
14 of the Consolidated Farm and Rural Development
15 Act (7 U.S.C. 1991(a)(13)(C)).
16 (2) STATE.—The term ‘‘State’’ means—
17 (A) the 50 States of the United States;
18 (B) the District of Columbia; and
19 (C) the insular areas.
20 SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT AD-
21 MINISTRATIVE FUNDS.
22 In addition to amounts otherwise available, there is
23 appropriated to the Secretary for fiscal year 2022, out of
24 any money in the Treasury not otherwise appropriated,
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25 $545,000,000, to remain available until September 30,
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1 2031, for administrative costs and salaries and expenses
2 for the Rural Development mission area and for research,
3 data collection, and other associated costs for section
4 12008.
5 Subtitle D—Research and Urban
6 Agriculture
7 SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH
8 FUNDING.
9 (a) APPROPRIATIONS.—In addition to amounts other-
10 wise available, there are appropriated to the Secretary, out
11 of any money in the Treasury not otherwise appropriated,
12 to remain available until September 30, 2031—
13 (1) to the Agricultural Research Service,
14 $250,000,000 for fiscal year 2022, to carry out agri-
15 cultural research relating to climate change, includ-
16 ing through climate hubs, long-term agroecosystem
17 research, nutrient uses and outcomes, soil carbon
18 data collection, and other related agricultural cli-
19 mate science;
20 (2) to the Economic Research Service,
21 $45,000,000 for fiscal year 2022, to carry out eco-
22 nomic analysis and economic agricultural research
23 relating to climate change;
24 (3) to the Office of the Chief Economist,
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25 $3,200,000 for each of fiscal years 2022 through
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1 2026, to carry out economic analysis and economic
2 agricultural research relating to climate change and
3 environmental services markets;
4 (4) to the National Agricultural Statistics Serv-
5 ice—
6 (A) $40,000,000 for fiscal year 2022, to
7 carry out data collection and agricultural re-
8 search relating to climate change; and
9 (B) $14,000,000 for fiscal year 2022, for
10 measurements, a survey, and data collection to
11 conduct the study required under section
12 7212(b) of the Agriculture Improvement Act of
13 2018 (Public Law 115–334; 132 Stat. 4812),
14 which shall be completed not later than Decem-
15 ber 31, 2022;
16 (5) to the National Institute of Food and Agri-
17 culture—
18 (A) to carry out agricultural education, ex-
19 tension, and research relating to climate
20 change—
21 (i) through the Agriculture and Food
22 Research Initiative established by sub-
23 section (b) of the Competitive, Special, and
24 Facilities Research Grant Act (7 U.S.C.
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25 3157(b))—
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1 (I) $25,000,000 for each of fiscal
2 years 2022 and 2023; and
3 (II) $150,000,000 for each of fis-
4 cal years 2024 through 2026;
5 (ii) through the sustainable agri-
6 culture research education program estab-
7 lished under sections 1619, 1621, 1622,
8 1628, and 1629 of the Food, Agriculture,
9 Conservation, and Trade Act of 1990 (7
10 U.S.C. 5801, 5811, 5812, 5831, 5832)—
11 (I) $25,000,000 for each of fiscal
12 years 2022 and 2023; and
13 (II) $150,000,000 for each of fis-
14 cal years 2024 through 2026;
15 (iii) through the crop protection pest
16 management competitive grant program
17 authorized under section 406 of the Agri-
18 cultural Research, Extension, and Edu-
19 cation Reform Act of 1998 (7 U.S.C.
20 7626), $30,000,000 for fiscal year 2022;
21 (iv) through the Agricultural Genome
22 to Phenome Initiative established under
23 section 1671 of the Food, Agriculture,
24 Conservation, and Trade Act of 1990 (7
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1 U.S.C. 5924), $20,000,000 for fiscal year
2 2022;
3 (v) through the organic agriculture re-
4 search and extension initiative established
5 under section 1672B of the Food, Agri-
6 culture, Conservation, and Trade Act of
7 1990 (7 U.S.C. 5925b)—
8 (I) $15,000,000 for fiscal year
9 2022;
10 (II) $5,000,000 for fiscal year
11 2023; and
12 (III) $60,000,000 for each of fis-
13 cal years 2024 through 2026;
14 (vi) 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 $65,000,000 for fiscal year 2022;
21 (vii) 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)), $15,000,000 for fiscal
2 year 2022;
3 (viii) 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)—
8 (I) $10,000,000 for each of fiscal
9 years 2022 and 2023; and
10 (II) $60,000,000 for each of fis-
11 cal years 2024 through 2026;
12 (ix) through the cooperative extension
13 under the Smith-Lever Act (7 U.S.C. 341
14 et seq.) for technical assistance, technology
15 adoption, and other extension activities re-
16 lating to climate change—
17 (I) $60,000,000 for each of fiscal
18 years 2022 and 2023; and
19 (II) $160,000,000 for each of fis-
20 cal years 2024 through 2026;
21 (x) through the cooperative extension
22 at 1994 Institutions in accordance with
23 section 3(b)(3) of the Smith-Lever Act (7
24 U.S.C. 343(b)(3)), $8,000,000 for each of
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25 fiscal years 2022 through 2026; and
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1 (xi) through the cooperative extension
2 at 1890 Institutions under section 1444 of
3 the National Agricultural Research, Exten-
4 sion, and Teaching Policy Act of 1977 (7
5 U.S.C. 3221), $25,200,000 for each of fis-
6 cal years 2022 through 2026;
7 (B) $2,664,500,000 for fiscal year 2022,
8 for grants for construction, alteration, acquisi-
9 tion, modernization, renovation, or remodeling
10 of agricultural research facilities, including re-
11 lated building costs associated with compliance
12 with applicable Federal and State law, under
13 section 4 of the Research Facilities Act (7
14 U.S.C. 390b), subject to the condition that,
15 notwithstanding section 3(c)(2)(A) of that Act
16 (7 U.S.C. 390a(c)(2)(A)), the recipient of a
17 grant provided using those amounts shall not be
18 required to provide any non-Federal share of
19 total funding provided under this subparagraph;
20 (C) $985,500,000 for fiscal year 2022, for
21 grants to covered institutions for construction,
22 alteration, acquisition, modernization, renova-
23 tion, or remodeling of agricultural research fa-
24 cilities, including related building costs associ-
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25 ated with compliance with applicable Federal
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1 and State law, under section 4 of the Research
2 Facilities Act (7 U.S.C. 390b), subject to the
3 condition that notwithstanding section
4 3(c)(2)(A) of that Act (7 U.S.C.
5 390a(c)(2)(A)), the recipient of a grant pro-
6 vided using those amounts shall not be required
7 to provide any non-Federal share of total fund-
8 ing provided under this subparagraph;
9 (D) $100,000,000 for fiscal year 2022, for
10 research equipment grants under section 1462A
11 of the National Agricultural Research, Exten-
12 sion, and Teaching Policy Act of 1977 (7
13 U.S.C. 3310a);
14 (E) for the scholarships for students at
15 1890 Institutions grant program under section
16 1446 of the National Agricultural Research,
17 Extension, and Teaching Policy Act of 1977 (7
18 U.S.C. 3222a)—
19 (i) $10,000,000 for each of fiscal
20 years 2022 and 2023;
21 (ii) $50,000,000 for each of fiscal
22 years 2024 and 2025; and
23 (iii) $70,000,000 for fiscal year 2026;
24 (F) $10,000,000 for each of fiscal years
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25 2022 through 2026, for grants to land-grant
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1 colleges and universities to support Tribal stu-
2 dents under section 1450 of that Act (7 U.S.C.
3 3222e) and for purposes of this subparagraph,
4 section 1450(b)(4) of such Act shall not apply;
5 and
6 (G) $10,000,000 for each of fiscal years
7 2022 through 2026, for the Higher Education
8 Multicultural Scholars Program carried out
9 pursuant to section 1417 of that Act (7 U.S.C.
10 3152);
11 (6) to the Office of the Chief Scientist, to carry
12 out advanced research and development relating to
13 climate through the Agriculture Advanced Research
14 and Development Authority under section 1473H of
15 the National Agricultural Research, Extension, and
16 Teaching Policy Act of 1977 (7 U.S.C. 3319k)—
17 (A) $10,000,000 for each of fiscal years
18 2022 and 2023; and
19 (B) $120,000,000 for each of fiscal years
20 2024 through 2026;
21 (7) to the Foundation for Food and Agriculture
22 Research, to carry out activities relating to climate
23 change in accordance with section 7601 of the Agri-
24 cultural Act of 2014 (7 U.S.C. 5939), to be consid-
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1 that section, and subject to the condition that the
2 Foundation shall not secure funds from any institu-
3 tion of higher education (as defined in section 101
4 of the Higher Education Act of 1965 (20 U.S.C.
5 1001)) to fulfill the matching funds requirement
6 under section 7601(g)(1)(B)(i) of the Agricultural
7 Act of 2014 (7 U.S.C. 5939(g)(1)(B)(i))—
8 (A) $45,000,000 for each of fiscal years
9 2022 and 2023; and
10 (B) $150,000,000 for each of fiscal years
11 2024 through 2026;
12 (8) for biomass research, $5,000,000 for fiscal
13 year 2022, to carry out agriculture climate research
14 on biomass, including pyrolysis and biochar, and re-
15 lated activities in accordance with section 9008 of
16 the Farm Security and Rural Investment Act of
17 2002 (7 U.S.C. 8108); and
18 (9) to the Office of Urban Agriculture and In-
19 novative Production, $62,000,000 for each of fiscal
20 years 2022 and 2023, to carry out activities in ac-
21 cordance with section 222 of the Department of Ag-
22 riculture Reorganization Act of 1994 (7 U.S.C.
23 6923).
24 (b) COVERED INSTITUTION DEFINED.—In this sec-
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25 tion, the term ‘‘covered institution’’ means—
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1 (1) an 1890 Institution (as defined in section 2
2 of the Agricultural Research, Extension, and Edu-
3 cation Reform Act of 1998 (7 U.S.C. 7601));
4 (2) a 1994 Institution (as defined in section
5 532 of the Equity in Educational Land-Grant Sta-
6 tus Act of 1994 (7 U.S.C. 301 note; Public Law
7 103–382));
8 (3) an Alaska Native serving institution or Na-
9 tive Hawaiian serving institution eligible to receive
10 grants under subsections (a) and (b), respectively, of
11 section 1419B of the National Agricultural Re-
12 search, Extension, and Teaching Policy Act of 1977
13 (7 U.S.C. 3156);
14 (4) Hispanic-serving agricultural colleges and
15 universities and Hispanic-serving institutions (as
16 those terms are defined in section 1404 of the Na-
17 tional Agricultural Research, Extension, and Teach-
18 ing Policy Act of 1977 (7 U.S.C. 3103));
19 (5) an eligible institution (as defined in section
20 1489 of the National Agricultural Research, Exten-
21 sion, and Teaching Policy Act of 1977 (7 U.S.C.
22 3361) (relating to institutions of higher education in
23 insular areas)); and
24 (6) the University of the District of Columbia
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25 established pursuant to the Act of July 2, 1862
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1 (commonly known as the ‘‘First Morrill Act’’) (7
2 U.S.C. 301 et seq.).
3 SEC. 13002. LIMITATION.
4 The funds made available under this subtitle are sub-
5 ject to the condition that the Secretary shall not—
6 (1) enter into any agreement—
7 (A) that is for a term extending beyond
8 September 30, 2031; and
9 (B) under which any payment could be
10 outlaid or funds disbursed after September 30,
11 2031; and
12 (2) use any other funds available to the Sec-
13 retary to satisfy obligations initially made under this
14 subtitle.
15 Subtitle E—Miscellaneous
16 SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE THE
17 INSPECTOR GENERAL.
18 In addition to amounts otherwise made available,
19 there is appropriated to the Office of the Inspector Gen-
20 eral of the Department of Agriculture for fiscal year 2022,
21 out of any money in the Treasury not otherwise appro-
22 priated, $5,000,000 to remain available until September
23 30, 2031, for audits, investigations, and other oversight
24 activities of projects and activities carried out with funds
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1 made available to the Department of Agriculture under
2 this title.
3 TITLE II—COMMITTEE ON
4 EDUCATION AND LABOR
5 Subtitle A—Education Matters
6 PART 1—ELEMENTARY AND SECONDARY
7 EDUCATION
8 SEC. 20001. REBUILD AMERICA’S SCHOOLS GRANT PRO-
9 GRAM.
10 (a) IN GENERAL.—In addition to amounts otherwise
11 available, there is appropriated to the Department of Edu-
12 cation—
13 (1) for fiscal year 2022, out of any money in
14 the Treasury not otherwise appropriated,
15 $1,270,000,000, to remain available until September
16 30, 2025, for carrying out this section; and
17 (2) for each of fiscal years 2023 through 2024,
18 out of any money in the Treasury not otherwise ap-
19 propriated, $39,643,650,000, to remain available
20 until September 30, 2026, for carrying out this sec-
21 tion.
22 (b) REBUILD AMERICA’S SCHOOLS GRANTS AUTHOR-
23 IZED.—From funds provided under paragraphs (1) and
24 (2) of subsection (a), the Secretary shall award grants in
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1 fiscal years 2022 through 2024 to State educational agen-
2 cies in accordance with subsection (c).
3 (c) REBUILD AMERICA’S SCHOOLS GRANTS.—
4 (1) ELIGIBILITY.—A State educational agency
5 is eligible for an allocation under this section—
6 (A) with respect to fiscal year 2022, for
7 the purpose of public school facilities inventory
8 efforts in accordance with paragraph (3)(A);
9 and
10 (B) with respect to fiscal years 2023 and
11 2024, if such State educational agency has had
12 approved by the Secretary a State facilities plan
13 developed under paragraph (3)(A)(ii)(I), for the
14 purpose of improving public school facilities in
15 accordance with paragraph (3)(B).
16 (2) ALLOCATIONS TO STATES.—The amount al-
17 located to each State educational agency under para-
18 graph (1) shall be in the same proportion as the
19 amounts distributed to the State under part A of
20 title I of the Elementary and Secondary Education
21 Act of 1965 (20 U.S.C. 6311) in the most recent fis-
22 cal year, relative to the total amount received under
23 such part by all other States receiving an allocation
24 under this section in such fiscal year.
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1 (3) STATE USES OF FUNDS.—A State edu-
2 cational agency that receives an allocation under
3 paragraph (1)—
4 (A) with respect to fiscal year 2022, shall
5 use—
6 (i) not less than 80 percent of such
7 allocation to award subgrants to local edu-
8 cational agencies (including public charter
9 schools that are local educational agencies)
10 in the State, in proportion to the amount
11 of funds such local educational agencies
12 and charter schools received under part A
13 of title I of the Elementary and Secondary
14 Education Act of 1965 (20 U.S.C. 6311)
15 in the most recent fiscal year, to support
16 each such local educational agency in—
17 (I) the development and publica-
18 tion of a local facilities master plan to
19 address the health, safety, education
20 equity, enrollment diversity, environ-
21 mental sustainability, and climate re-
22 siliency of the public school facilities
23 operated by such agency; and
24 (II) the collection and submission
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1 cy to support implementation of the
2 State school facilities database; and
3 (ii) not more than 20 percent of such
4 allocation to—
5 (I) develop a State facilities plan
6 that details—
7 (aa) how the State will use
8 grant funds received under this
9 section and State funds to make
10 improvements to public school fa-
11 cilities of eligible local edu-
12 cational agencies to address dis-
13 parities in both the financing and
14 expenditures of school facilities
15 capital outlay projects and in the
16 conditions of public school facili-
17 ties between eligible local edu-
18 cational agencies and other local
19 educational agencies in the State;
20 (bb) how the State will de-
21 velop a competitive process to
22 provide subgrants to eligible local
23 educational agencies, including
24 the State’s criteria for subgrant
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25 eligibility; and
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1 (cc) how the State will, in
2 carrying out the competitive
3 process for subgrants described
4 in item (bb), take into consider-
5 ation the impact that such sub-
6 grants may have on increasing
7 student diversity and decreasing
8 racial and socioeconomic isolation
9 of students attending public ele-
10 mentary or secondary schools im-
11 proved by such subgrants;
12 (II) develop and operate (directly
13 or through grants or contracts) the
14 State school facilities database; and
15 (III) provide technical assistance
16 to local educational agencies in car-
17 rying out activities described in clause
18 (i) and supports related to the re-
19 quirements of paragraph (4) for eligi-
20 ble local educational agencies; and
21 (B) with respect to each of fiscal years
22 2023 and 2024, shall—
23 (i) use not less than 90 percent of
24 such allocation to award subgrants on a
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25 competitive basis to eligible local edu-
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1 cational agencies with approved applica-
2 tions described in paragraph (4)(A); and
3 (ii) use not more than 10 percent of
4 such allocation to—
5 (I) maintain and update (directly
6 or through grants or contracts) the
7 State school facilities database;
8 (II) provide technical assistance
9 to eligible local educational agencies in
10 the State in carrying out school facili-
11 ties capital outlay projects, including
12 technical assistance regarding capital
13 construction, energy efficiency, and
14 climate resiliency;
15 (III) develop and implement
16 State-level strategies for safe, healthy,
17 energy efficient, and environmentally
18 resilient public school facilities that
19 address—
20 (aa) indoor air quality;
21 (bb) water quality;
22 (cc) energy and water effi-
23 ciency;
24 (dd) renewable energy and
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25 decarbonization;
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1 (ee) exposure to toxic sub-
2 stances, including mercury,
3 radon, polychlorinated biphenyls,
4 lead, vapor intrusions, and asbes-
5 tos;
6 (ff) climate resiliency;
7 (gg) emergency prepared-
8 ness for natural or man-made
9 disasters or emergencies; and
10 (hh) structural hazards cre-
11 ated by pyrrhotite, as determined
12 by an engineer’s report and
13 pyrrhotite testing;
14 (IV) provide professional develop-
15 ment opportunities for State and local
16 staff involved in maintenance and op-
17 erations and school facilities capital
18 outlay projects; and
19 (V) administer and monitor the
20 implementation of subgrants provided
21 under clause (i).
22 (4) REBUILD AMERICA’S SCHOOLS SUBGRANTS
23 TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—
24 (A) APPLICATION.—The State educational
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1 agency desiring a subgrant under paragraph
2 (3)(B)(i) to submit an application to the State
3 educational agency that, at a minimum, in-
4 cludes—
5 (i) a certification that the eligible local
6 educational agency shall use subgrant
7 funds for school facilities capital outlay
8 projects that prioritize the improvement of
9 the public school facilities of such agency
10 that serve the highest numbers or percent-
11 ages of students who are eligible for a free
12 or reduced price lunch under the Richard
13 B. Russell National School Lunch Act (42
14 U.S.C. 1751), under a method established
15 by the Secretary; and
16 (ii) such agency’s facilities master
17 plan.
18 (B) REBUILD AMERICA’S SCHOOLS
19 SUBGRANT USE OF FUNDS.—An eligible local
20 educational agency that receives a subgrant
21 under paragraph (3)(B)(i) shall use such funds
22 to carry out school facilities capital outlay
23 projects, including 1 or more of the following:
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1 (i) Assessing, planning, designing,
2 constructing, modernizing, retrofitting, or
3 decarbonizing public school facilities.
4 (ii) Carrying out major repairs of
5 public school facilities, including repairs to
6 extend the life of facilities systems and
7 components by not less than 10 years.
8 (iii) Upgrading or replacing major fa-
9 cilities systems, components, furniture, fix-
10 tures, and equipment with a life of not less
11 than 10 years.
12 (iv) Constructing new public school
13 facilities, including when student enroll-
14 ment exceeds the physical and instructional
15 capacity of public school facilities.
16 (v) Purchasing and preparing sites on
17 which public school facilities will be con-
18 structed.
19 (vi) Improving energy and water effi-
20 ciency in public school facilities, including
21 improvements related to clean energy.
22 (vii) Reducing or eliminating the pres-
23 ence of health and safety hazards in public
24 school facilities, including—
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1 (I) toxic substances, including
2 mercury, radon, polychlorinated
3 biphenyls, lead, and asbestos;
4 (II) mold or mildew;
5 (III) rodents and pests; and
6 (IV) structural hazards created
7 by pyrrhotite.
8 (viii) Improving instructional or out-
9 door public school facilities relating to
10 early learning, special education, science,
11 technology, career and technical education,
12 physical education, the arts, literacy (in-
13 cluding library programs), or community-
14 based partnerships.
15 (ix) Improving the public school facili-
16 ties of magnet schools, or other instruc-
17 tional programs, designed to increase stu-
18 dent diversity and decrease racial or socio-
19 economic isolation.
20 (x) Supporting independent commis-
21 sioning and certification of public school
22 facilities, public school facility systems,
23 and school facilities capital outlay projects.
24 (d) CONDITIONS.—
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25 (1) STATE MATCHING REQUIREMENT.—
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1 (A) IN GENERAL.—As a condition of re-
2 ceiving an allocation under subsection
3 (c)(1)(B), a State shall contribute, from non-
4 Federal sources, an amount equal to 10 percent
5 of the amount of the allocation received under
6 such subsection to carry out activities supported
7 by such allocation.
8 (B) EXEMPTION.—States that contributed
9 an average of 10 percent or greater toward
10 total local educational agency capital outlay
11 from non-Federal funds, within the most recent
12 5-year fiscal period, are exempt from the State
13 matching requirement under subparagraph (A).
14 (2) STATE MAINTENANCE OF EFFORT.—
15 (A) IN GENERAL.—The State shall provide
16 an assurance to the Secretary that for each fis-
17 cal year that the State receives an allocation
18 under this section, the State’s share of school
19 facilities capital outlay will be not less than 90
20 percent of the average of the State’s share of
21 school facilities capital outlay for the 5 years
22 preceding the 2020 fiscal year.
23 (B) WAIVER.—Notwithstanding subpara-
24 graph (A), in response to a request from a
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25 State, the Secretary may modify or waive, in
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1 whole or in part, the requirement of subpara-
2 graph (A) if the Secretary determines that such
3 State demonstrates an exceptional or uncontrol-
4 lable circumstance, such as a natural disaster,
5 pandemic, or precipitous decline in revenue.
6 (3) SUPPLEMENT NOT SUPPLANT.—As a condi-
7 tion of receiving an allocation under subsection
8 (c)(1)(B), a State shall use funds received under
9 this section only to supplement the level of State and
10 local public funds that would, in the absence of the
11 receipt of Federal funds under this section, be made
12 available for the State’s contribution to school facili-
13 ties capital outlays, and not to supplant those other
14 funds.
15 (e) DEFINITIONS.—
16 (1) ESEA TERMS.—The terms ‘‘elementary
17 school’’, ‘‘local educational agency’’, ‘‘secondary
18 school’’, and ‘‘State educational agency’’ have the
19 meanings given the terms in section 8101 of the Ele-
20 mentary and Secondary Education Act of 1965 (20
21 U.S.C. 7801).
22 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
23 The term ‘‘eligible local educational agency’’ means
24 a local educational agency (including a public char-
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1 ter school that is a local educational agency under
2 State law) in a State that—
3 (A) is identified by the State based on the
4 criteria established under the State facilities
5 plan as among the local educational agencies in
6 such State with—
7 (i) the highest numbers or percent-
8 ages of students counted under section
9 1124(c) of the Elementary and Secondary
10 Education Act of 1965 (20 U.S.C.
11 6333(c)); or
12 (ii) the most limited capacity to raise
13 funds for the long-term improvement of
14 public school facilities, as determined by an
15 assessment of factors determined by the
16 Secretary;
17 (B) certifies that any funds received under
18 this section shall be used to prioritize the im-
19 provement of public school facilities of public el-
20 ementary or secondary schools that serve the
21 highest percentages of students who are eligible
22 for a free or reduced price lunch under the
23 Richard B. Russell National School Lunch Act
24 (42 U.S.C. 1751), under a method established
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25 by the Secretary; and
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1 (C) certifies that any public school facili-
2 ties improved by funds received under this sec-
3 tion are—
4 (i) operated and managed by a public
5 agency or a non-profit private entity; and
6 (ii)(I) owned or leased from a public
7 agency; or
8 (II) owned or leased from a private
9 entity, except that no individual associated
10 with such private entity may have a finan-
11 cial interest or management role in the
12 local educational agency.
13 (3) LOCAL FACILITIES MASTER PLAN.—The
14 term ‘‘local facilities master plan’’ means a plan of
15 a local educational agency developed under sub-
16 section (c)(3)(A)(i)(I) by the local educational agen-
17 cy, in consultation with local stakeholders, which in-
18 cludes an assessment of such agency’s public school
19 facilities, financing of school capital project outlays,
20 and student enrollment levels, and other factors de-
21 termined by the Secretary.
22 (4) OPERATIONS AND MAINTENANCE OF
23 SCHOOL FACILITIES.—The term ‘‘operations and
24 maintenance of school facilities’’ means the labor,
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25 contracts, and supplies and materials supported by
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1 a local educational agency’s annual operating budget
2 related to—
3 (A) cleaning, groundskeeping, and preven-
4 tive and routine maintenance of public school
5 facilities and grounds;
6 (B) minor repairs and operations of build-
7 ing systems and equipment for public school fa-
8 cilities; and
9 (C) payments for utilities for public school
10 facilities.
11 (5) PUBLIC SCHOOL FACILITY.—The term
12 ‘‘public school facility’’ means a school facility oper-
13 ated by a local educational agency that is primarily
14 used to educate students, including outdoor facilities
15 and grounds, but does not include—
16 (A) a facility that is primarily used for
17 athletic contests or exhibitions or other events
18 for which admission is charged to the general
19 public;
20 (B) a vehicle; or
21 (C) a district central office, operation cen-
22 ter, or other school facility if it is not primarily
23 used to educate students.
24 (6) SCHOOL
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FACILITIES CAPITAL OUTLAY
25 PROJECT.—The term ‘‘school facilities capital outlay
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1 project’’ means the assessment, planning, design,
2 construction, renovation, repair, management, and
3 financing of a public school facility project with a
4 life expectancy of at least 10 years, but does not in-
5 clude operations and maintenance of school facilities.
6 (7) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of Education.
8 (8) STATE.—The term ‘‘State’’ means each of
9 the 50 States, the District of Columbia, and the
10 Commonwealth of Puerto Rico.
11 (9) STATE’S CONTRIBUTION TO SCHOOL FACILI-
12 TIES CAPITAL OUTLAYS.—The term ‘‘State’s con-
13 tribution to school facilities capital outlays’’ means
14 the total amount of State appropriations on elemen-
15 tary and secondary education capital expenditures in
16 the State, including—
17 (A) State aid reimbursements for school
18 facilities capital outlay projects;
19 (B) State payment of debt service for
20 school facilities capital outlay projects;
21 (C) direct payment of school facilities cap-
22 ital outlay projects; and
23 (D) grants or facilities allowances to char-
24 ter schools for facilities capital projects.
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1 (10) STATE FACILITIES PLAN.—The term
2 ‘‘State facilities plan’’ means a State’s plan devel-
3 oped by the State educational agency, in accordance
4 with subsection (c)(3)(A)(ii)(I) and including plan
5 elements determined by the Secretary, for the pur-
6 pose of being eligible for an allocation described in
7 subsection (c)(1)(B).
8 (11) STATE SCHOOL FACILITIES DATABASE.—
9 The term ‘‘State school facilities database’’ means
10 an electronic, publicly available database maintained
11 by the State educational agency that contains an in-
12 ventory of the infrastructure of all public school fa-
13 cilities in the State, including the data elements de-
14 termined by the Secretary.
15 SEC. 20002. OUTLYING AREAS.
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, $410,900,000, to remain available until
20 September 30, 2026, for the Secretary of Education to
21 allocate to each outlying area (as defined in section 8101
22 of the Elementary and Secondary Education Act of 1965
23 (20 U.S.C. 7801)) an amount in proportion to the amount
24 received by the outlying area under part A of title I of
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25 the Elementary and Secondary Education Act of 1965 (20
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1 U.S.C. 6311) in the most recent fiscal year relative to the
2 total amount received under such part for such fiscal year
3 by all outlying areas, to carry out the activities described
4 in section 20001(c) in the outlying areas.
5 SEC. 20003. IMPACT AID CONSTRUCTION GRANTS.
6 In addition to amounts otherwise available, there is
7 appropriated to the Department of Education for fiscal
8 year 2022, out of any money in the Treasury not otherwise
9 appropriated, $410,900,000, to remain available until
10 September 30, 2026, for making payments to local edu-
11 cational agencies in accordance with the same terms and
12 conditions as the terms and conditions of section 7007 of
13 the Elementary and Secondary Education Act of 1965 (20
14 U.S.C. 7707), except that—
15 (1) subsection (a)(2)(A) of such section shall be
16 applied by substituting ‘‘20 percent’’ for ‘‘50 per-
17 cent’’;
18 (2) subsection (a)(2)(B) of such section shall be
19 applied by substituting ‘‘20 percent’’ for ‘‘50 per-
20 cent’’; and
21 (3) clauses (i) and (vi) of subsection (b)(5)(A)
22 of such section shall not apply to funds provided or
23 received under this section.
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1 SEC. 20004. BUREAU OF INDIAN EDUCATION.
2 In addition to amounts otherwise available, there is
3 appropriated to the Bureau of Indian Education for fiscal
4 year 2022, out of any money in the Treasury not otherwise
5 appropriated—
6 (1) $369,810,000, to remain available until
7 September 30, 2026, for necessary expenses related
8 to construction, repair, improvement, and mainte-
9 nance of buildings, utilities, and other facilities nec-
10 essary for the operation of Indian education pro-
11 grams, including architectural and engineering serv-
12 ices by contract, acquisition of lands, and interests
13 in lands, of which no more than 3 percent shall be
14 used for administrative costs to carry out this sec-
15 tion; and
16 (2) $41,090,000, to remain available until Sep-
17 tember 30, 2026, for digital infrastructure to im-
18 prove access to high-speed broadband sufficient for
19 digital learning and related digital infrastructure ac-
20 tivities or programs operated or funded by the Bu-
21 reau of Indian Education, for Bureau-funded schools
22 (as defined in section 1141(3) of the Education
23 Amendments of 1978 (25 U.S.C. 2021(3))).
24 SEC. 20005. GALLAUDET UNIVERSITY.
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25 In addition to amounts otherwise available, there is
26 appropriated to the Department of Education for fiscal
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $150,000,000, to remain available until
3 September 30, 2026, for the Kendall Demonstration Ele-
4 mentary School and the Model Secondary School for the
5 Deaf at Gallaudet University for construction, as defined
6 in section 201(2) of the Education of the Deaf Act of 1986
7 (20 U.S.C. 4351(2)).
8 SEC. 20006. GROW YOUR OWN PROGRAMS.
9 (a) APPROPRIATIONS.—In addition to amounts other-
10 wise available, there is appropriated to the Department
11 of Education for fiscal year 2022, out of any money in
12 the Treasury not otherwise appropriated, $197,000,000,
13 to remain available through September 30, 2025, to award
14 grants for the development and support of Grow Your
15 Own Programs, as described in section 202(g) of the
16 Higher Education Act of 1965 (20 U.S.C. 1022a(g)).
17 (b) IN GENERAL.—Section 202 of the Higher Edu-
18 cation Act of 1965 (20 U.S.C. 1022a) is amended—
19 (1) in subsection (b)(6)(C), by striking ‘‘sub-
20 section (f) or (g)’’ and inserting ‘‘subsection (f) or
21 (h)’’;
22 (2) in subsection (c)(1), by inserting ‘‘a Grow
23 Your Own program under subsection (g),’’ after
24 ‘‘subsection (e),’’;
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1 (3) by redesignating subsections (g), (h), (i),
2 (j), and (k), as subsections (h), (i), (j), (k), and (l),
3 respectively; and
4 (4) by inserting after subsection (f) the fol-
5 lowing:
6 ‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISH-
7 MENT OF ‘GROW YOUR OWN’ PROGRAMS.—
8 ‘‘(1) IN GENERAL.—An eligible partnership that
9 receives a grant under this section shall carry out an
10 effective ‘Grow Your Own’ program to address
11 shortages of teachers in high-need subjects, fields,
12 schools, and geographic areas, or shortages of school
13 leaders in high-need schools, and to increase the di-
14 versity of qualified individuals entering into the
15 teacher, principal, or other school leader workforce.
16 ‘‘(2) REQUIREMENTS OF A GROW YOUR OWN
17 PROGRAM.—In addition to carrying out each of the
18 activities described in paragraphs (1) through (6) of
19 subsection (d), an eligible partnership carrying out a
20 Grow Your Own program under this subsection
21 shall—
22 ‘‘(A) integrate career-focused courses on
23 education topics with a year-long school-based
24 clinical experience in which candidates teach or
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25 lead alongside an expert mentor teacher or
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1 school leader who is the teacher or school leader
2 of record in the same local educational agencies
3 in which the candidates expect to work;
4 ‘‘(B) provide opportunities for candidates
5 to practice and develop teaching skills or school
6 leadership skills;
7 ‘‘(C) support candidates as they complete
8 their associate (in furtherance of their bacca-
9 laureate), baccalaureate, or master’s degree or
10 earn their teaching or school leadership creden-
11 tial;
12 ‘‘(D) work to provide academic, counseling,
13 and programmatic supports to candidates;
14 ‘‘(E) provide academic and nonacademic
15 supports, including advising and financial as-
16 sistance, to candidates to enter and complete
17 teacher or school leadership preparation pro-
18 grams and to access and complete State licen-
19 sure exams;
20 ‘‘(F) include efforts to recruit individuals
21 with experience in high-need subjects or fields
22 who are not certified to teach or lead, with a
23 specific focus on recruiting individuals—
24 ‘‘(i) from groups or populations that
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25 are underrepresented; and
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1 ‘‘(ii) who live in and come from the
2 communities the schools serve;
3 ‘‘(G) evaluate the effectiveness of the pro-
4 gram, including, at a minimum, using the data
5 required under section 204(a)(1);
6 ‘‘(H) require candidates to complete all
7 State requirements to become fully certified;
8 and
9 ‘‘(I) provide stipends for candidates to en-
10 gage in school-based clinical placements.’’.
11 SEC. 20007. TEACHER RESIDENCIES.
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, $198,000,000, to remain available through
16 September 30, 2025, to award grants for the development
17 and support of high-quality teaching residency programs,
18 as described in section 202(e) of the Higher Education
19 Act of 1965 (20 U.S.C. 1022a(e)), except that amounts
20 available under this section shall be available for residency
21 programs for prospective teachers in a bachelor’s or mas-
22 ter’s degree program.
23 SEC. 20008. SUPPORT SCHOOL PRINCIPALS.
24 In addition to amounts otherwise available, there is
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25 appropriated to the Department of Education for fiscal
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1 year 2022, out of any money in the Treasury not otherwise
2 appropriated, $198,000,000, to remain available through
3 September 30, 2025, to award grants for the development
4 and support of school leadership programs, as described
5 in section 2243 of the Elementary and Secondary Edu-
6 cation Act of 1965 (20 U.S.C. 6673).
7 SEC. 20009. HAWKINS.
8 In addition to amounts otherwise available, there is
9 appropriated to the Department of Education for fiscal
10 year 2022, out of any money in the Treasury not otherwise
11 appropriated, $198,000,000, to remain available through
12 September 30, 2025, to award grants for the Augustus
13 F. Hawkins Centers of Excellence Program, as described
14 in section 242 of the Higher Education Act of 1965 (20
15 U.S.C. 1033a).
16 SEC. 20010. FUNDING FOR THE INDIVIDUALS WITH DISABIL-
17 ITIES EDUCATION PART D PERSONNEL DE-
18 VELOPMENT.
19 In addition to amounts otherwise available, there is
20 appropriated to the Department of Education for fiscal
21 year 2022, out of any money in the Treasury not otherwise
22 appropriated, $297,000,000, to remain available until
23 September 30, 2025, for personnel development in section
24 662 of the Individuals with Disabilities Education Act (20
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25 U.S.C. 1462).
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1 PART 2—HIGHER EDUCATION
2 Subpart A—America’s College Promise
3 SEC. 20021. GRANTS FOR TUITION-FREE COMMUNITY COL-
4 LEGE.
5 Title VII of the Higher Education Act of 1965 (20
6 U.S.C. 1133 et seq.) is amended by adding at the end
7 the following:
8 ‘‘PART F—AMERICA’S COLLEGE PROMISE
9 ‘‘Subpart 1—Grants for Tuition-Free Community
10 College
11 ‘‘SEC. 785. GRANT AWARDS.
12 ‘‘(a) IN GENERAL.—Beginning with award year
13 2023–2024, from amounts appropriated to carry out this
14 subpart for any fiscal year, the Secretary shall award
15 grants to States and eligible Tribal Colleges and Univer-
16 sities to pay the Federal share of expenditures needed to
17 carry out the activities and services described in section
18 789.
19 ‘‘(b) TIMING OF GRANT AWARDS.—The Secretary
20 shall award grant funds under subsection (a) for an award
21 year not less than 30 days before the first day of the
22 award year.
23 ‘‘SEC. 786. FEDERAL SHARE; STATE SHARE.
24 ‘‘(a) FEDERAL SHARE.—
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25 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) AMOUNT.—Subject to paragraph (2),
2 the amount of the Federal share of a grant
3 under this subpart shall be based on a formula
4 that provides, for each eligible student enrolled
5 in a community college operated or controlled
6 by the State or in an eligible Tribal College or
7 University, a per-student amount (based on
8 full-time equivalent enrollment) that is equal to
9 the applicable percent described in subpara-
10 graph (B), or the percent described in para-
11 graph (2) with respect to an eligible Tribal Col-
12 lege or University, of—
13 ‘‘(i) for the 2023–2024 award year,
14 the median resident community college tui-
15 tion and fees per student in all States, not
16 weighted for enrollment, for the most re-
17 cent award year for which data are avail-
18 able; and
19 ‘‘(ii) for each subsequent award year,
20 the amount determined under this para-
21 graph for the preceding award year, in-
22 creased by the lesser of—
23 ‘‘(I) a percentage equal to the es-
24 timated percentage increase in the
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25 Consumer Price Index (as determined
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1 by the Secretary) since the date of
2 such determination; or
3 ‘‘(II) 3 percent.
4 ‘‘(B) APPLICABLE PERCENT.—The appli-
5 cable percent for a State receiving a grant
6 under this subpart shall be—
7 ‘‘(i) for the 2023–2024 award year,
8 100 percent;
9 ‘‘(ii) for the 2024–2025 award year,
10 95 percent;
11 ‘‘(iii) for the 2025–2026 award year,
12 90 percent;
13 ‘‘(iv) for the 2026–2027 award year,
14 85 percent; and
15 ‘‘(v) for the 2027–2028 award year,
16 80 percent.
17 ‘‘(2) TRIBAL COLLEGES AND UNIVERSITIES.—
18 The amount of the Federal share for an eligible
19 Tribal College or University receiving a grant under
20 this subpart shall be the greater of—
21 ‘‘(A) 100 percent of the per-student
22 amount determined in accordance with clause
23 (i) or (ii) of paragraph (1)(A), as applicable,
24 with respect to eligible students enrolled in such
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1 eligible Tribal College or University (based on
2 full-time equivalent enrollment); or
3 ‘‘(B) the amount that is 100 percent of the
4 total amount needed to set tuition and fees to
5 $0 for all eligible students enrolled in such eligi-
6 ble Tribal College or University for the 2021–
7 2022 award year, increased by the percentage
8 increase in the Consumer Price Index (as deter-
9 mined by the Secretary) between July 1, 2021,
10 and the applicable award year, and adjusted to
11 reflect the enrollment in such eligible Tribal
12 College or University for such applicable award
13 year.
14 ‘‘(b) STATE SHARE.—
15 ‘‘(1) FORMULA.—
16 ‘‘(A) IN GENERAL.—The State share of a
17 grant under this subpart for each award year
18 shall be the amount needed to pay the applica-
19 ble percent described in subparagraph (B) of
20 the median resident community college tuition
21 and fees in all States, not weighted for enroll-
22 ment, per student (based on full-time equivalent
23 enrollment) determined in accordance with sub-
24 section (a)(1)(A)(i) for all eligible students en-
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1 rolled in a community college operated or con-
2 trolled by the State for such award year.
3 ‘‘(B) APPLICABLE PERCENT.—The appli-
4 cable percent shall be—
5 ‘‘(i) for the 2023–2024 award year, 0
6 percent;
7 ‘‘(ii) for the 2024–2025 award year, 5
8 percent;
9 ‘‘(iii) for the 2025–2026 award year,
10 10 percent;
11 ‘‘(iv) for the 2026–2027 award year,
12 15 percent; and
13 ‘‘(v) for the 2027–2028 award year,
14 20 percent.
15 ‘‘(C) OBLIGATION TO PROVIDE SHARE.—
16 The State shall provide the State share even if
17 the State is able to set tuition and fees charged
18 to eligible students attending community col-
19 leges operated or controlled by the State to $0
20 as required by section 788(a) without such
21 State share.
22 ‘‘(D) NO DOUBLE COUNTING FUNDS.—Ex-
23 cept with respect to funding described in para-
24 graph (2)(A), no funds that count toward the
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25 maintenance of effort requirement under sec-
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1 tion 788(c) may also count toward the State
2 share under this subsection.
3 ‘‘(E) SPECIAL RULE FOR OUTLYING AREAS
4 AND TERRITORIES.—
5 ‘‘(i) IN GENERAL.—If the Secretary
6 determines that requiring an outlying area
7 or territory to provide a State share in ac-
8 cordance with this subsection would rep-
9 resent a substantial hardship for the out-
10 lying area or territory, the Secretary may
11 reduce or waive the State share for such
12 area or territory. If the Secretary so re-
13 duces or waives the amount of the State
14 share of an outlying area or territory, the
15 Secretary shall increase the applicable per-
16 cent used to calculate the Federal share
17 for such area or territory, in proportion to
18 the reduction in the applicable percent
19 used to calculate such State share.
20 ‘‘(ii) DEFINITION.—For the purposes
21 of this subparagraph, the term ‘outlying
22 area or territory’ means the Common-
23 wealth of Puerto Rico, the District of Co-
24 lumbia, Guam, American Samoa, the
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25 United States Virgin Islands, the Com-
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1 monwealth of the Northern Mariana Is-
2 lands, and the Freely Associated States.
3 ‘‘(2) INCLUSION OF STATE FINANCIAL AID AND
4 LOCAL FUNDS.—In the case of a State that dem-
5 onstrates to the satisfaction of the Secretary that
6 community colleges operated or controlled by such
7 State will not experience a net reduction in total
8 per-student revenue (including revenue derived from
9 tuition and fees) as compared to the preceding fiscal
10 year in such State, a State may include, as part of
11 the State share—
12 ‘‘(A) any financial aid that is provided
13 from State funds to an eligible student and
14 that—
15 ‘‘(i)(I) is not awarded predominantly
16 on the basis of merit, including programs
17 awarded on the basis of predicted or actual
18 academic performance or assessments; and
19 ‘‘(II) may be used by such student to
20 pay any component of cost of attendance,
21 as defined under section 472; and
22 ‘‘(B) any funds provided to community col-
23 leges by local governments in such State for the
24 purpose of carrying out this subpart.
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1 ‘‘(3) RELATIONSHIP TO MAINTENANCE OF EF-
2 FORT.—The inclusion of funds described in para-
3 graph (2) as part of a State’s share shall modify the
4 maintenance of effort requirements under section
5 788(c) in accordance with the provisions of—
6 ‘‘(A) section 791(10)(B)(iii), with respect
7 to funds included under paragraph (2)(A); and
8 ‘‘(B) section 791(10)(A)(ii), with respect
9 to funds included under paragraph (2)(B).
10 ‘‘(4) NO IN-KIND CONTRIBUTIONS.—A State
11 shall not include in-kind contributions for purposes
12 of the State share described in paragraph (1).
13 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU-
14 DENTS.—
15 ‘‘(1) IN GENERAL.—For purposes of sub-
16 sections (a) and (b), the Secretary shall, in consulta-
17 tion with the State or eligible Tribal College or Uni-
18 versity concerned, determine the estimated number
19 of eligible students enrolled in the community col-
20 leges operated or controlled by such State or in such
21 eligible Tribal College or University for the applica-
22 ble award year.
23 ‘‘(2) ADJUSTMENT OF GRANT AMOUNT.—For
24 each year for which a State or eligible Tribal College
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25 or University receives a grant under this subpart,
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1 the Secretary shall, once final enrollment data for
2 such year are available—
3 ‘‘(A) in consultation with the State or eli-
4 gible Tribal College or University concerned,
5 determine the actual number of eligible stu-
6 dents enrolled in the community colleges oper-
7 ated or controlled by such State or in such eli-
8 gible Tribal College or University for the year
9 covered by the grant; and
10 ‘‘(B) adjust the Federal share of the grant
11 amount received by the State or eligible Tribal
12 College or University and the State share under
13 subsection (b) to reflect the actual number of
14 eligible students, which may include applying
15 the relevant adjustment to such Federal share
16 or the State share, or both, in the subsequent
17 award year.
18 ‘‘(d) COMMUNITY COLLEGES OPERATED OR CON-
19 TROLLED BY STATE TO INCLUDE COMMUNITY COLLEGES
20 OPERATED OR CONTROLLED BY LOCAL GOVERNMENTS
21 WITHIN THE STATE.—For purposes of this subpart, the
22 term ‘community college operated or controlled by a State’
23 shall include a community college operated or controlled
24 by a local government within such State.
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1 ‘‘(e) INAPPLICABILITY OF STATE REQUIREMENTS TO
2 ELIGIBLE TCUS.—The Secretary may not apply any re-
3 quirements applicable only to States under this subpart
4 to an eligible Tribal College or University, including the
5 requirements under subsection (b), section 788(b) and (c),
6 and section 790.
7 ‘‘SEC. 787. APPLICATIONS.
8 ‘‘In order to receive a grant under this subpart, a
9 State or eligible Tribal College or University shall submit
10 an application to the Secretary that includes—
11 ‘‘(1) an estimate of the number of eligible stu-
12 dents enrolled in the community colleges operated or
13 controlled by the State or in the eligible Tribal Col-
14 lege or University and the cost of waiving tuition
15 and fees for all eligible students for each award year
16 covered by the grant;
17 ‘‘(2) in the case of a State, a list of each of the
18 community colleges operated or controlled by the
19 State;
20 ‘‘(3) an assurance that each community college
21 operated or controlled by the State, or the eligible
22 Tribal College or University, as applicable, will set
23 community college tuition and fees for eligible stu-
24 dents to $0 as required by section 788(a);
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1 ‘‘(4) a description of how the State or eligible
2 Tribal College or University will ensure that pro-
3 grams leading to a recognized postsecondary creden-
4 tial meet the quality criteria established by the State
5 under section 122(b)(1) of the Workforce Innovation
6 and Opportunity Act (29 U.S.C. 3152(b)(1)) or
7 other quality criteria determined appropriate by the
8 State or eligible Tribal College or University;
9 ‘‘(5) an assurance that each community college
10 operated or controlled by the State or the eligible
11 Tribal College or University, as applicable, has en-
12 tered into a program participation agreement under
13 section 487;
14 ‘‘(6) an assurance that the State or eligible
15 Tribal College or University will assist eligible stu-
16 dents in obtaining information about and accessing
17 means-tested Federal benefit programs and similar
18 State, tribal, and local benefit programs that can
19 provide financial assistance for any component of
20 the student’s cost of attendance, as defined under
21 section 472, other than tuition and fees;
22 ‘‘(7) an assurance that, for each year of the
23 grant, the State or eligible Tribal College or Univer-
24 sity will notify each eligible student of the student’s
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1 remaining eligibility for assistance under this sub-
2 part;
3 ‘‘(8) if the application is submitted by a
4 State—
5 ‘‘(A) an assurance that the State will meet
6 the requirements of section 788(b)(1) relating
7 to the alignment of secondary and postsec-
8 ondary education; and
9 ‘‘(B) an assurance that the State will meet
10 the requirements of section 788(b)(2) relating
11 to the improvement of transfer pathways be-
12 tween institutions of higher education; and
13 ‘‘(9) an assurance that the State or eligible
14 Tribal College or University will clearly communicate
15 to prospective students, including students with
16 prior college experience who have not completed a
17 postsecondary degree or credential, their families,
18 and the general public—
19 ‘‘(A) plans to implement the program
20 funded under this subpart; and
21 ‘‘(B) how eligible students can attend a
22 community college operated or controlled by the
23 State or an eligible Tribal College or University
24 without paying tuition and fees.
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1 ‘‘SEC. 788. PROGRAM REQUIREMENTS.
2 ‘‘(a) GENERAL REQUIREMENTS.—As a condition of
3 receiving a grant under this subpart in each award year,
4 a State or eligible Tribal College or University shall—
5 ‘‘(1) ensure that the total amount of tuition
6 and fees charged to an eligible student attending a
7 community college operated or controlled by the
8 State or the eligible Tribal College or University, as
9 applicable, is $0;
10 ‘‘(2) not apply financial assistance for which an
11 eligible student qualifies to tuition or fees; and
12 ‘‘(3) not use any funds provided under this sub-
13 part for administrative purposes relating to such
14 grant.
15 ‘‘(b) STATE REQUIREMENTS.—In addition to the re-
16 quirements under subsection (a), as a condition of receiv-
17 ing a grant under this subpart a State shall meet the fol-
18 lowing requirements:
19 ‘‘(1) ALIGNMENT OF SECONDARY AND HIGHER
20 EDUCATION.—The State shall—
21 ‘‘(A) submit and implement a plan to align
22 the requirements for receiving a regular high
23 school diploma from public schools in the State
24 with the requirements for entering credit-bear-
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25 ing coursework at community colleges in such
26 State; and
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1 ‘‘(B) not later than 3 years after the date
2 on which the State first receives a grant under
3 this subpart, certify to the Secretary that such
4 alignment has been achieved.
5 ‘‘(2) TRANSFER PATHWAYS.—The State shall—
6 ‘‘(A) submit a plan, developed in collabora-
7 tion with faculty from institutions of higher
8 education in the State, to improve transfer
9 pathways among institutions of higher edu-
10 cation in the State, including by—
11 ‘‘(i) ensuring that associate degrees
12 awarded by community colleges in the
13 State are fully transferable to, and credited
14 as, the first 2 years of related bacca-
15 laureate programs at public institutions of
16 higher education in such State;
17 ‘‘(ii) increasing the transferability of
18 individual courses within the certificate or
19 associate programs offered by community
20 colleges in the State to related bacca-
21 laureate programs offered by institutions
22 of higher education in such State to maxi-
23 mize the transferability of credits for stu-
24 dents who transfer before completing an
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25 associate degree;
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1 ‘‘(iii) expanding the use of reverse
2 transfer policies that allow institutions
3 to—
4 ‘‘(I) implement the process of
5 retroactively granting a certificate or
6 associate degree to students who had
7 not completed the requirements for
8 such certificate or degree before they
9 transferred; and
10 ‘‘(II) allow academic credits for
11 coursework completed at a 4-year in-
12 stitution to be applied to a previously-
13 attended community college for the
14 purpose of obtaining an associate de-
15 gree or a certificate; and
16 ‘‘(iv) ensuring that students attending
17 community colleges in the State have ac-
18 cess to comprehensive counseling and sup-
19 ports to facilitate the process of transfer-
20 ring to a 4-year institution of higher edu-
21 cation; and
22 ‘‘(B) not later than 3 years after the date
23 on which the State first receives a grant under
24 this subpart, certify to the Secretary that the
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25 State is carrying out the plan submitted in ac-
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1 cordance with subparagraph (A) and is meeting
2 the requirements of clauses (i) through (iv) of
3 such subparagraph.
4 ‘‘(c) STATE MAINTENANCE OF EFFORT.—A State re-
5 ceiving a grant under this subpart shall be entitled to re-
6 ceive its full allotment of funds under this subpart for a
7 fiscal year only if, for each year of the grant, the State
8 provides—
9 ‘‘(1) State fiscal support for higher education
10 per full-time equivalent student at a level equal to or
11 exceeding the average amount of State fiscal support
12 for higher education per full-time equivalent student
13 provided for the 3 consecutive preceding fiscal years;
14 ‘‘(2) financial support for operating expenses
15 (excluding capital expenses and research and devel-
16 opment costs) for public 4-year institutions of higher
17 education at a level equal to or exceeding the aver-
18 age amount provided for the 3 consecutive preceding
19 State fiscal years; and
20 ‘‘(3) financial support for need-based financial
21 aid at a level equal to or exceeding the average
22 amount provided for the 3 consecutive preceding
23 State fiscal years.
24 ‘‘(d) NO ADDITIONAL ELIGIBILITY REQUIRE-
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25 MENTS.—A State or eligible Tribal College or University
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1 that receives a grant under this subpart may not impose
2 additional eligibility requirements on eligible students
3 other than the requirements under this subpart.
4 ‘‘(e) ELIGIBILITY FOR BENEFITS.—No individual
5 shall be determined to be ineligible to receive benefits pro-
6 vided under this subpart (including tuition and fees set
7 to $0 and other aid provided under this subpart) on the
8 basis of citizenship, alienage, or immigration status.
9 ‘‘SEC. 789. ALLOWABLE USES OF FUNDS.
10 ‘‘(a) IN GENERAL.—Except as provided in subsection
11 (b)—
12 ‘‘(1) a State shall use a grant under this sub-
13 part only to provide funds to each community college
14 operated or controlled by the State to enable each
15 such community college to set community college
16 tuition and fees for eligible students to $0 as re-
17 quired under section 788(a); and
18 ‘‘(2) an eligible Tribal College or University
19 shall use a grant under this subpart only to set com-
20 munity college tuition and fees for eligible students
21 to $0 as required under section 788(a).
22 ‘‘(b) ADDITIONAL USES.—If a State or an eligible
23 Tribal College or University demonstrates to the Secretary
24 that the State or eligible Tribal College or University has
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25 grant funds remaining after meeting the demand for ac-
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1 tivities described in subsection (a), the State or eligible
2 Tribal College or University shall use the remaining funds
3 to carry out 1 or more of the following:
4 ‘‘(1) Providing need-based financial aid to stu-
5 dents that may be used by such students to pay any
6 component of cost of attendance, as defined under
7 section 472.
8 ‘‘(2) Reducing unmet need at public 4-year in-
9 stitutions of higher education.
10 ‘‘(3) Improving student outcomes by imple-
11 menting evidence-based institutional reforms or
12 practices, including reforms or practices that are de-
13 scribed in section 795D(b)(1) or that meet an evi-
14 dence tier defined in section 795E(2).
15 ‘‘(4) Expanding access to dual or concurrent
16 enrollment programs or early college high school
17 programs.
18 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Except as pro-
19 vided in section 786(b)(2)(A), funds made available under
20 this subpart shall be used to supplement, and not sup-
21 plant, other Federal, State, tribal, and local funds that
22 would otherwise be expended to carry out activities de-
23 scribed in this section.
24 ‘‘(d) CONTINUATION OF FUNDING.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para-
2 graph (2), a State or an eligible Tribal College or
3 University receiving a grant under this subpart for
4 an award year may continue to receive funding
5 under this subpart for subsequent award years con-
6 ditioned on the availability of budget authority and
7 on meeting the requirements of the grant, as deter-
8 mined by the Secretary.
9 ‘‘(2) DISCONTINUATION.—The Secretary shall
10 discontinue or reduce funding of the Federal share
11 of a grant under this subpart if the State or an eli-
12 gible Tribal College or University has violated the
13 terms of the grant.
14 ‘‘(e) RULE OF CONSTRUCTION REGARDING BIE
15 FUNDS.—Nothing in this subpart shall be construed to
16 impact the availability of funds from, or uses of funds pro-
17 vided by, the Bureau of Indian Education for Tribal Col-
18 leges and Universities.
19 ‘‘SEC. 790. AUTOMATIC STABILIZERS FOR AMERICA’S COL-
20 LEGE PROMISE.
21 ‘‘(a) MAINTENANCE OF EFFORT RELIEF.—A State
22 that meets the qualifying spending requirement may re-
23 quest a waiver of the requirements under section 788(c).
24 Upon request by such a State, the Secretary shall waive
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25 the requirements of section 788(c) for the State as follows:
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1 ‘‘(1) TIER I.—With respect to each State eligi-
2 ble for relief under tier I, such requirements shall be
3 waived for the fiscal year succeeding the fiscal year
4 for which the determination of the State’s eligibility
5 for such relief is made.
6 ‘‘(2) TIERS II THROUGH V.—With respect to
7 each State eligible for relief under tier II, III, IV,
8 or V, such requirements shall be waived, in accord-
9 ance with subsection (d), for—
10 ‘‘(A) the fiscal year for which the deter-
11 mination of the State’s eligibility for such relief
12 is made;
13 ‘‘(B) the fiscal year succeeding the fiscal
14 year described in subparagraph (A); or
15 ‘‘(C) both such fiscal years.
16 ‘‘(b) STATE SHARE RELIEF.—
17 ‘‘(1) STATE SHARE RELIEF.—A State that
18 meets the qualifying spending requirement and is el-
19 igible for relief under tier II, III, IV, or V may re-
20 quest relief with respect to the requirements of sec-
21 tion 786(b)(1)(B). Upon request by such a State,
22 the Secretary shall provide relief from the require-
23 ments of section 786(b)(1)(B), for the applicable
24 award year or years, for the State as follows:
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1 ‘‘(A) TIER II.—With respect to a State
2 that is eligible for relief under tier II, the Sec-
3 retary shall—
4 ‘‘(i) apply section 786(a)(1)(B)(v) by
5 substituting ‘85 percent’ for ‘80 percent’;
6 and
7 ‘‘(ii) apply section 786(b)(1)(B)(v) by
8 substituting ‘15 percent’ for ‘20 percent’.
9 ‘‘(B) TIER III.—With respect to a State
10 that is eligible for relief under tier III, the Sec-
11 retary shall—
12 ‘‘(i) apply section 786(a)(1)(B)(iv) by
13 substituting ‘90 percent’ for ‘85 percent’;
14 ‘‘(ii) apply section 786(a)(1)(B)(v) by
15 substituting ‘90 percent’ for ‘80 percent’;
16 ‘‘(iii) apply section 786(b)(1)(B)(iv)
17 by substituting ‘10 percent’ for ‘15 per-
18 cent’; and
19 ‘‘(iv) apply section 786(b)(1)(B)(v) by
20 substituting ‘10 percent’ for ‘20 percent’.
21 ‘‘(C) TIER IV.—With respect to a State
22 that is eligible for relief under tier IV, the Sec-
23 retary shall—
24 ‘‘(i) apply section 786(a)(1)(B)(iii) by
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25 substituting ‘95 percent’ for ‘90 percent’;
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1 ‘‘(ii) apply section 786(a)(1)(B)(iv) by
2 substituting ‘95 percent’ for ‘85 percent’;
3 ‘‘(iii) apply section 786(a)(1)(B)(v) by
4 substituting ‘95 percent’ for ‘80 percent’;
5 ‘‘(iv) apply section 786(b)(1)(B)(iii)
6 by substituting ‘5 percent’ for ‘10 percent’;
7 ‘‘(v) apply section 786(b)(1)(B)(iv) by
8 substituting ‘5 percent’ for ’15 percent’;
9 and
10 ‘‘(vi) apply section 786(b)(1)(B)(v) by
11 substituting ‘5 percent’ for ‘20 percent’.
12 ‘‘(D) TIER V.—With respect to a State
13 that is eligible for relief under tier V, the Sec-
14 retary shall—
15 ‘‘(i) apply section 786(a)(1)(B)(ii) by
16 substituting ‘100 percent’ for ‘95 percent’;
17 ‘‘(ii) apply section 786(a)(1)(B)(iii) by
18 substituting ‘100 percent’ for ‘90 percent’;
19 ‘‘(iii) apply section 786(a)(1)(B)(iv)
20 by substituting ‘100 percent’ for ‘85 per-
21 cent’;
22 ‘‘(iv) apply section 786(a)(1)(B)(v) by
23 substituting ‘100 percent’ for ‘80 percent’;
24 ‘‘(v) apply section 786(b)(1)(B)(ii) by
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25 substituting ‘0 percent’ for ‘5 percent’;
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1 ‘‘(vi) apply section 786(b)(1)(B)(iii)
2 by substituting ‘0 percent’ for ‘10 percent’;
3 ‘‘(vii) apply section 786(b)(1)(B)(iv)
4 by substituting ‘0 percent’ for ’15 percent’;
5 and
6 ‘‘(viii) apply section 786(b)(1)(B)(v)
7 by substituting ‘0 percent’ for ‘20 percent’.
8 ‘‘(2) APPLICABLE AWARD YEARS.—With respect
9 to each State eligible for relief under tier II, III, IV,
10 or V, the Secretary shall provide the relief under
11 paragraph (1), in accordance with subsection (d),
12 for—
13 ‘‘(A) the award year for which the deter-
14 mination of the State’s eligibility for such relief
15 is made;
16 ‘‘(B) the award year succeeding the award
17 year described in subparagraph (A); or
18 ‘‘(C) both such award years.
19 ‘‘(c) STATE ELIGIBILITY.—A State’s eligibility for re-
20 lief under this section shall be determined as follows:
21 ‘‘(1) TIER I.—A State shall be eligible for relief
22 under tier I for a fiscal year for which—
23 ‘‘(A) the State is in an elevated unemploy-
24 ment period at any point in the fiscal year; and
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1 ‘‘(B) the State is not eligible for relief
2 under any other tier.
3 ‘‘(2) TIER II.—A State shall be eligible for re-
4 lief under tier II for a fiscal or award year, as appli-
5 cable, for which—
6 ‘‘(A)(i) the State average unemployment
7 rate is equal to or greater than 6.5 percent but
8 less than 7.5 percent at any point in the fiscal
9 or award year; or
10 ‘‘(ii) the national average unemployment
11 rate is equal to or greater than 6.5 percent but
12 less than 7.5 percent at any point in the fiscal
13 or award year; and
14 ‘‘(B) the State is not eligible for relief
15 under tier III, IV, or V.
16 ‘‘(3) TIER III.—A State shall be eligible for re-
17 lief under tier III for a fiscal or award year, as ap-
18 plicable, for which—
19 ‘‘(A)(i) the State average unemployment
20 rate is equal to or greater than 7.5 percent but
21 less than 8.5 percent at any point in the fiscal
22 or award year; or
23 ‘‘(ii) the national average unemployment
24 rate is equal to or greater than 7.5 percent but
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1 less than 8.5 percent at any point in the fiscal
2 or award year; and
3 ‘‘(B) the State is not eligible for relief
4 under tier IV or V.
5 ‘‘(4) TIER IV.—A State shall be eligible for re-
6 lief under tier IV for a fiscal or award year, as ap-
7 plicable, for which—
8 ‘‘(A)(i) the State average unemployment
9 rate is equal to or greater than 8.5 percent but
10 less than 9.5 percent at any point in the fiscal
11 or award year; or
12 ‘‘(ii) the national average unemployment
13 rate is equal to or greater than 8.5 percent but
14 less than 9.5 percent at any point in the fiscal
15 or award year; and
16 ‘‘(B) the State is not eligible for relief
17 under tier V.
18 ‘‘(5) TIER V.—A State shall be eligible for relief
19 under tier V for a fiscal or award year, as applica-
20 ble, for which—
21 ‘‘(A) the State average unemployment rate
22 is equal to or greater than 9.5 percent at any
23 point in the fiscal or award year; or
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1 ‘‘(B) the national average unemployment
2 rate is equal to or greater than 9.5 percent at
3 any point in the fiscal or award year.
4 ‘‘(d) DISCRETION IN THE PROVISION OF RELIEF.—
5 In determining the fiscal years for which to provide relief
6 in accordance with subsection (a)(2), or the award years
7 for which to provide relief in accordance with subsection
8 (b), to a State that is eligible under tier II, III, IV, or
9 V, the Secretary shall take into account the following:
10 ‘‘(1) In the case of a State that requests relief
11 under subsection (a)(2), the fiscal years for which
12 the State requests such relief, including—
13 ‘‘(A) if the State requests such relief for
14 the fiscal year for which the determination of
15 the State’s eligibility for such relief is made, the
16 amount by which the State is unable to meet
17 the requirements of section 788(c) for such fis-
18 cal year; and
19 ‘‘(B) if the State requests such relief for
20 the fiscal year succeeding the year described in
21 subparagraph (A), the amount by which the
22 State anticipates being unable to meet such re-
23 quirements for such succeeding fiscal year.
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1 ‘‘(2) In the case of a State that requests relief
2 under subsection (b), the award years for which the
3 State requests such relief, including—
4 ‘‘(A) if the State requests such relief for
5 the award year for which the determination of
6 the State’s eligibility for such relief is made, the
7 extent to which the State is unable to meet the
8 requirements of section 786(b)(1)(B) for such
9 award year; and
10 ‘‘(B) if the State requests such relief for
11 the award year succeeding the year described in
12 subparagraph (A), the extent to which the State
13 anticipates being unable to meet such require-
14 ments for such succeeding award year.
15 ‘‘(3) The actual or anticipated timing, severity,
16 and duration of the unemployment rate increase
17 during—
18 ‘‘(A) the fiscal or award year, as applica-
19 ble, for which the determination of the State’s
20 eligibility for such relief is made;
21 ‘‘(B) the fiscal or award year, as applica-
22 ble, succeeding the fiscal or award year de-
23 scribed in subparagraph (A); and
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1 ‘‘(C) the fiscal or award year, as applica-
2 ble, preceding the fiscal or award year described
3 in subparagraph (A).
4 ‘‘(4) Other factors determined to be relevant by
5 the Secretary.
6 ‘‘(e) CONTINUED PAYMENT TO EMPLOYEES.—A
7 State that receives relief under subsection (a) or (b) shall,
8 to the greatest extent practicable, continue to pay its em-
9 ployees of, and contractors with, public institutions of
10 higher education in the State during the period in which
11 the State is receiving such relief.
12 ‘‘(f) DEFINITIONS.—In this section:
13 ‘‘(1) ELEVATED UNEMPLOYMENT PERIOD.—
14 The term ‘elevated unemployment period’—
15 ‘‘(A) when used with respect to the Nation
16 as a whole, means a consecutive, 3-month pe-
17 riod in a fiscal year for which the national aver-
18 age unemployment rate is not less than 0.5 per-
19 centage points above the lowest national aver-
20 age unemployment rate for the 12-month period
21 preceding such 3-month period; and
22 ‘‘(B) when used with respect to a State,
23 means a consecutive, 3-month period in a fiscal
24 year in which the State average unemployment
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25 rate is not less than 0.5 percentage points
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1 above the lowest State average unemployment
2 rate for such State for the 12-month period
3 preceding such 3-month period.
4 ‘‘(2) QUALIFYING SPENDING REQUIREMENT.—
5 The term ‘qualifying spending requirement’, when
6 used with respect to determining whether a State
7 has met such requirement, means the State has not
8 disproportionately decreased spending for any of the
9 categories described in paragraphs (1) through (3)
10 of section 788(c) relative to such State’s overall de-
11 crease in spending averaged over the 3 consecutive
12 preceding fiscal years.
13 ‘‘(3) NATIONAL AVERAGE UNEMPLOYMENT
14 RATE.—The term ‘national average unemployment
15 rate’ means the average (seasonally adjusted) rate of
16 total unemployment in all States for a consecutive,
17 3-month period in a fiscal year, based on data from
18 the Bureau of Labor Statistics of the Department of
19 Labor.
20 ‘‘(4) STATE AVERAGE UNEMPLOYMENT RATE.—
21 The term ‘State average unemployment rate’ means
22 the average (seasonally adjusted) rate of total unem-
23 ployment in a State for a consecutive, 3-month pe-
24 riod in a fiscal year, based on data from the Bureau
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25 of Labor Statistics of the Department of Labor.
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1 ‘‘SEC. 791. DEFINITIONS.
2 ‘‘In this subpart:
3 ‘‘(1) CAREER PATHWAY.—The term ‘career
4 pathway’ has the meaning given the term in section
5 3 of the Workforce Innovation and Opportunity Act
6 (29 U.S.C. 3102).
7 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com-
8 munity college’ means—
9 ‘‘(A) a degree-granting public institution of
10 higher education at which—
11 ‘‘(i) the highest degree awarded is an
12 associate degree; or
13 ‘‘(ii) an associate degree is the pre-
14 dominant degree awarded;
15 ‘‘(B) an eligible Tribal College or Univer-
16 sity;
17 ‘‘(C) a degree-granting branch campus of a
18 4-year public institution of higher education, if,
19 at such branch campus—
20 ‘‘(i) the highest degree awarded is an
21 associate degree; or
22 ‘‘(ii) an associate degree is the pre-
23 dominant degree awarded; or
24 ‘‘(D) at the designation of the Secretary,
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25 in the case of a State that does not operate or
26 control any institution that meets a definition
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1 under subparagraph (A) or (C), a college or
2 similarly defined and structured academic enti-
3 ty—
4 ‘‘(i) that was in existence on July 1,
5 2021;
6 ‘‘(ii) within a 4-year public institution
7 of higher education; and
8 ‘‘(iii) at which—
9 ‘‘(I) the highest degree awarded
10 is an associate degree; or
11 ‘‘(II) an associate degree is the
12 predominant degree awarded.
13 ‘‘(3) DUAL OR CONCURRENT ENROLLMENT
14 PROGRAM.—The term ‘dual or concurrent enrollment
15 program’ has the meaning given the term in section
16 8101 of the Elementary and Secondary Education
17 Act of 1965.
18 ‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The
19 term ‘early college high school’ has the meaning
20 given the term in section 8101 of the Elementary
21 and Secondary Education Act of 1965.
22 ‘‘(5) ELIGIBLE STUDENT.—The term ‘eligible
23 student’ means a student who—
24 ‘‘(A) is enrolled as an undergraduate stu-
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1 tion 481(b)) at a community college on not less
2 than a half-time basis;
3 ‘‘(B) in the case of a student who is en-
4 rolled in a community college that charges dif-
5 ferent tuition rates on the basis of in-State or
6 in-district residency, either—
7 ‘‘(i) qualifies for in-State or in-district
8 resident tuition at such community college;
9 or
10 ‘‘(ii) would qualify for such in-State
11 or in-district resident tuition at such com-
12 munity college, but for the immigration
13 status of such student;
14 ‘‘(C) has not been enrolled (whether full-
15 time or less than full-time) for more than 6 se-
16 mesters (or the equivalent) for which the com-
17 munity college tuition and fees of the student
18 were set to $0 pursuant to section 788(a);
19 ‘‘(D) is not enrolled in a dual or concur-
20 rent enrollment program or early college high
21 school; and
22 ‘‘(E) in the case of a student who is a
23 United States citizen, has filed a Free Applica-
24 tion for Federal Student Aid described in sec-
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1 tion 483 for the applicable award year for
2 which the student is enrolled.
3 ‘‘(6) ELIGIBLE TRIBAL COLLEGE OR UNIVER-
4 SITY.—The term ‘eligible Tribal College or Univer-
5 sity’ means—
6 ‘‘(A) a 2-year Tribal College or University;
7 or
8 ‘‘(B) a degree-granting Tribal College or
9 University—
10 ‘‘(i) at which the highest degree
11 awarded is an associate degree; or
12 ‘‘(ii) an associate degree is the pre-
13 dominant degree awarded.
14 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—
15 The term ‘institution of higher education’ has the
16 meaning given the term in section 101.
17 ‘‘(8) MEANS-TESTED FEDERAL BENEFIT PRO-
18 GRAM.—The term ‘means-tested Federal benefit pro-
19 gram’ has the meaning given the term in section
20 479.
21 ‘‘(9) RECOGNIZED POSTSECONDARY CREDEN-
22 TIAL.—The term ‘recognized postsecondary creden-
23 tial’ has the meaning given the term in section 3 of
24 the Workforce Innovation and Opportunity Act (29
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25 U.S.C. 3102).
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1 ‘‘(10) STATE FISCAL SUPPORT FOR HIGHER
2 EDUCATION.—
3 ‘‘(A) INCLUSIONS.—
4 ‘‘(i) IN GENERAL.—Except as pro-
5 vided in subparagraph (B), the term ‘State
6 fiscal support for higher education’, used
7 with respect to a State for a fiscal year,
8 means an amount that is equal to—
9 ‘‘(I) the gross amount of applica-
10 ble State funds appropriated or dedi-
11 cated, and expended by the State, in-
12 cluding funds from lottery receipts, in
13 the fiscal year, that are used to sup-
14 port institutions of higher education
15 and student financial aid for higher
16 education in the State; and
17 ‘‘(II) any funds described in
18 clause (ii), if applicable.
19 ‘‘(ii) LOCAL FUNDS.—In the case of a
20 State that includes, as part of the State
21 share under section 786(b)(2)(B) for an
22 award year, funds provided to community
23 colleges by local governments in such State
24 for the purpose of carrying out this sub-
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25 part, local funds provided to community
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1 colleges operated or controlled by such
2 State for operating expenses (excluding
3 capital expenses and research and develop-
4 ment costs) shall be included in the cal-
5 culation of the State fiscal support for
6 higher education for such award year
7 under clause (i).
8 ‘‘(B) EXCLUSIONS.—State fiscal support
9 for higher education for a State for a fiscal
10 year shall not include—
11 ‘‘(i) funds described in subparagraph
12 (A) that are returned to the State;
13 ‘‘(ii) State-appropriated funds derived
14 from Federal sources, including funds pro-
15 vided under section 786(a) and section
16 795A(a)(2);
17 ‘‘(iii) funds that are included in the
18 State share under section 786(b), including
19 funds included in the State share in ac-
20 cordance with paragraph (2)(A) of such
21 section;
22 ‘‘(iv) amounts that are portions of
23 multiyear appropriations to be distributed
24 over multiple years that are not to be
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25 spent for the year for which the calculation
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1 under this paragraph is being made, sub-
2 ject to subparagraph (C);
3 ‘‘(v) tuition, fees, or other educational
4 charges paid directly by a student to a
5 public institution of higher education or to
6 the State;
7 ‘‘(vi) funds for—
8 ‘‘(I) financial aid to students at-
9 tending, or operating expenses of—
10 ‘‘(aa) out-of-State institu-
11 tions of higher education;
12 ‘‘(bb) proprietary institu-
13 tions of higher education (as de-
14 fined in section 102(b));
15 ‘‘(cc) institutions of higher
16 education not accredited by an
17 agency or association recognized
18 by the Secretary pursuant to sec-
19 tion 496;
20 ‘‘(II) financial aid to students
21 awarded predominantly on the basis
22 of merit, including programs awarded
23 on the basis of predicted or actual
24 academic performance or assessments;
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1 ‘‘(III) research and development;
2 or
3 ‘‘(IV) hospitals, athletics, or
4 other auxiliary enterprises;
5 ‘‘(vii) corporate or other private dona-
6 tions directed to one or more institutions
7 of higher education permitted to be ex-
8 pended by the State; or
9 ‘‘(viii) any other funds that the Sec-
10 retary determines shall not be included in
11 the calculation of State fiscal support for
12 higher education for such State.
13 ‘‘(C) ADJUSTMENTS FOR BIENNIAL APPRO-
14 PRIATIONS.—The Secretary shall take into con-
15 sideration any adjustments to the calculations
16 under this paragraph that may be required to
17 accurately reflect State fiscal support for higher
18 education in States with biennial appropriation
19 cycles.
20 ‘‘(11) STATE FISCAL SUPPORT FOR HIGHER
21 EDUCATION PER FULL-TIME EQUIVALENT STU-
22 DENT.—The term ‘State fiscal support for higher
23 education per full-time equivalent student’, when
24 used with respect to a State for a fiscal year, means
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25 the amount that is equal to—
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1 ‘‘(A) the State fiscal support for higher
2 education for the previous fiscal year; divided
3 by
4 ‘‘(B) the number of full-time equivalent
5 students enrolled in public institutions of higher
6 education in such State for such previous fiscal
7 year.
8 ‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The
9 term ‘Tribal College or University’ has the meaning
10 given such term in section 316(b)(3).
11 ‘‘SEC. 792. SUNSET.
12 ‘‘(a) IN GENERAL.—The authority to make grants
13 under this subpart shall expire at the end of award year
14 2027–2028.
15 ‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
16 TENSION OF PROGRAMS.—Section 422 of the General
17 Education Provisions Act (20 U.S.C. 1226a) shall not
18 apply to this subpart.
19 ‘‘SEC. 793. APPROPRIATION.
20 ‘‘In addition to amounts otherwise available, there is
21 appropriated for fiscal year 2022, out of any money in
22 the Treasury not otherwise appropriated, such sums as
23 may be necessary, to remain available until September 30,
24 2030, for carrying out this subpart.’’.
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1 SEC. 20022. RETENTION AND COMPLETION GRANTS.
2 Part F of title VII of the Higher Education Act of
3 1965 (20 U.S.C. 1133 et seq.), as added by section 20021,
4 is further amended by adding at the end the following:
5 ‘‘Subpart 2—Retention and Completion Grants
6 ‘‘SEC. 795. RETENTION AND COMPLETION GRANTS.
7 ‘‘Beginning with award year 2023–2024, from
8 amounts appropriated to carry out this subpart for any
9 fiscal year, the Secretary shall carry out a grant program
10 to make grants (which shall be known as ‘retention and
11 completion grants’) to eligible States and Tribal Colleges
12 and Universities to enable the eligible States and Tribal
13 Colleges and Universities to carry out the activities de-
14 scribed in section 795D.
15 ‘‘SEC. 795A. GRANT AMOUNTS.
16 ‘‘(a) RESERVATION.—From the amounts appro-
17 priated to carry out this subpart, the Secretary shall—
18 ‘‘(1) reserve an amount equal to 3 percent of
19 such amounts to allocate grants to Tribal Colleges
20 and Universities, which shall be distributed accord-
21 ing to the formula in section 316(d)(3)(B), to carry
22 out the activities described in section 795D(b)(1)
23 and implement reforms or practices that meet an
24 evidence tier defined in section 795E(2); and
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25 ‘‘(2) use the amount remaining after the alloca-
26 tion under paragraph (1) to award competitive
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1 grants to eligible States that have submitted applica-
2 tions under section 795B.
3 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Grant funds
4 awarded under this subpart 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 ac-
7 tivities assisted under this subpart.
8 ‘‘(c) GRANT PERIOD.—Subject to the requirements
9 under section 795C, a grant under this subpart shall be
10 for a period of not more than 7 years.
11 ‘‘SEC. 795B. APPLICATIONS.
12 ‘‘(a) IN GENERAL.—As a condition of receiving a
13 grant under this subpart, an eligible State shall submit
14 an application to the Secretary that includes—
15 ‘‘(1) a description of—
16 ‘‘(A) how the eligible State will use the
17 funds to implement evidence-based institutional
18 reforms or practices at institutions of higher
19 education in such State to improve student out-
20 comes and meet the requirements of section
21 795D(b)(2), including—
22 ‘‘(i) how such eligible State will use
23 grant funds to implement 1 or more re-
24 forms or practices described in section
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25 795D(b)(1) at such institutions;
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1 ‘‘(ii) the extent to which each reform
2 or practice to be implemented meets an
3 evidence tier defined in section 795E(2);
4 and
5 ‘‘(iii) annual implementation bench-
6 marks that the eligible State will use to
7 track progress in implementing such re-
8 forms or practices;
9 ‘‘(B) how such eligible State will increase
10 support for the public institutions of higher
11 education identified in accordance with para-
12 graph (2)(B); and
13 ‘‘(C) the improvements the eligible State
14 anticipates in student outcomes, including im-
15 provements in retention, completion, or transfer
16 rates or labor market outcomes, or a combina-
17 tion of such student outcomes, disaggregated by
18 student demographics including, at a minimum,
19 race, ethnicity, income, disability status, reme-
20 diation, and status as a first generation college
21 student;
22 ‘‘(2)(A) with respect to each State public insti-
23 tution of higher education—
24 ‘‘(i) the total per-student funding;
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1 ‘‘(ii) the amount of per-student funding
2 that is from State-appropriated funds; and
3 ‘‘(iii) the share of students at the institu-
4 tion who are students of color, low-income stu-
5 dents, students with disabilities, students in
6 need of remediation, or first generation college
7 students; and
8 ‘‘(B) an identification of public institutions
9 of higher education in the eligible State that re-
10 ceived less funding on a per-student basis as
11 described in clause (i) or (ii), or both, of sub-
12 paragraph (A), and are serving disproportion-
13 ately high shares of students of color, low-in-
14 come students, students with disabilities, stu-
15 dents in need of remediation, or first generation
16 college students;
17 ‘‘(3) a description of the steps the eligible State
18 will take to ensure the sustainability of the institu-
19 tional reforms or practices identified in paragraph
20 (1)(A); and
21 ‘‘(4) a description of how the eligible State will
22 evaluate the effectiveness of activities funded under
23 this subpart, including how such eligible State will
24 assess impacts on student outcomes, including reten-
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1 tion, transfer, and completion rates and labor mar-
2 ket outcomes.
3 ‘‘(b) PRIORITIES.—In awarding funds under this sub-
4 part, the Secretary shall give priority to eligible States
5 that do one or more of the following:
6 ‘‘(1) Propose to use a significant share of grant
7 funds for reforms or practices that meet an evidence
8 tier defined in section 795E(2).
9 ‘‘(2) Propose to use a significant share of grant
10 funds to improve retention, transfer, and completion
11 rates and labor market outcomes among students of
12 color, low-income students, students with disabilities,
13 students in need of remediation, first generation col-
14 lege students, and other underserved student popu-
15 lations in such State.
16 ‘‘(3) Propose to use a significant share of grant
17 funds to improve retention, transfer, and completion
18 rates and labor market outcomes among students at-
19 tending institutions identified in subsection
20 (a)(2)(B).
21 ‘‘(4) Demonstrate a commitment to supporting
22 activities funded under this subpart with non-Fed-
23 eral funds.
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1 ‘‘SEC. 795C. PROGRAM REQUIREMENTS.
2 ‘‘(a) IN GENERAL.—As a condition of continuing to
3 receive funds under this subpart, for each year in which
4 an eligible State participates in the program under this
5 subpart, the eligible State shall submit to the Secretary
6 the eligible State’s progress—
7 ‘‘(1) in meeting the annual implementation
8 benchmarks included in the application of such eligi-
9 ble State under section 795B(a)(1)(A)(iii);
10 ‘‘(2) in increasing funding for the public insti-
11 tutions of higher education identified in accordance
12 with section 795B(a)(2)(B), as included in the appli-
13 cation of such eligible State under section
14 795B(a)(1)(B); and
15 ‘‘(3) in improving the student outcomes identi-
16 fied by the State under section 795B(a)(1)(C).
17 ‘‘(b) ELIGIBILITY FOR BENEFITS.—No individual
18 shall be determined to be ineligible to receive benefits pro-
19 vided under this subpart (including services and other aid
20 provided under this subpart) on the basis of citizenship,
21 alienage, or immigration status.
22 ‘‘SEC. 795D. USES OF FUNDS.
23 ‘‘(a) GENERAL REQUIREMENT FOR STATES.—Except
24 as provided in subsection (c), an eligible State shall use
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25 a grant under this subpart only to carry out activities de-
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1 scribed in the application for such year under section
2 795B(a)(1).
3 ‘‘(b) EVIDENCE-BASED INSTITUTIONAL REFORMS OR
4 PRACTICES.—
5 ‘‘(1) IN GENERAL.—An eligible State or Tribal
6 College or University receiving a grant under this
7 subpart shall, directly or in collaboration with insti-
8 tutions of higher education and other non-profit or-
9 ganizations, use the grant funds to implement one or
10 more of the following evidence-based institutional re-
11 forms or practices:
12 ‘‘(A) Providing comprehensive academic,
13 career, and student support services, including
14 mentoring, advising, case management services,
15 or career pathway navigation.
16 ‘‘(B) Providing assistance in applying for
17 and accessing direct support services, means-
18 tested Federal benefit programs, or similar
19 State, tribal, or local benefit programs.
20 ‘‘(C) Providing emergency financial aid
21 grants to students for unexpected expenses and
22 to meet basic needs.
23 ‘‘(D) Providing accelerated learning oppor-
24 tunities, including dual or concurrent enroll-
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25 ment programs and early college high school
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1 programs, and pathways to graduate and pro-
2 fessional degree programs, and reforming
3 course scheduling and credit awarding policies.
4 ‘‘(E) Reforming remedial and develop-
5 mental education.
6 ‘‘(F) Utilizing career pathways, including
7 through building capacity for career and tech-
8 nical education as defined in section 3 of the
9 Carl D. Perkins Career and Technical Edu-
10 cation Act of 2006 (20 U.S.C. 2302), programs
11 of study as defined in such section, or degree
12 pathways.
13 ‘‘(G) Improving transfer pathways between
14 community colleges and four-year institutions of
15 higher education in the eligible State, or, in the
16 case of a Tribal College or University, between
17 the Tribal College or University and other insti-
18 tutions of higher education.
19 ‘‘(2) STATE ALLOCATION MINIMUMS WITH RE-
20 SPECT TO EVIDENCE TIERS.—An eligible State re-
21 ceiving a grant under this subpart shall use not less
22 than 30 percent of the grant funds for evidence-
23 based reforms or practices that meet an evidence
24 tier defined in section 795E(2), of which at least
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1 two-thirds shall be used for evidence-based reforms
2 or practices that meet evidence tier 1.
3 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR-
4 POSES.—An eligible State or Tribal College or University
5 that receives a grant under this subpart may use—
6 ‘‘(1) not more than 3 percent of such grant for
7 administrative purposes relating to the grant under
8 this subpart; and
9 ‘‘(2) not more than 3 percent of such grant to
10 evaluate the effectiveness of activities carried out
11 under this subpart.
12 ‘‘SEC. 795E. DEFINITIONS.
13 ‘‘In this subpart:
14 ‘‘(1) ELIGIBLE STATE.—The term ‘eligible
15 State’ means a State that is a recipient of a grant
16 under subpart 1.
17 ‘‘(2) EVIDENCE TIERS.—
18 ‘‘(A) EVIDENCE TIER 1.—The term ‘evi-
19 dence tier 1’, when used with respect to a re-
20 form or practice, means a reform or practice
21 that meets the criteria for receiving an expan-
22 sion grant from the education innovation and
23 research program under section 4611 of the El-
24 ementary and Secondary Education Act of 1965
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1 (20 U.S.C. 7261), as determined by the Sec-
2 retary in accordance with such section.
3 ‘‘(B) EVIDENCE TIER 2.—The term ‘evi-
4 dence tier 2’, when used with respect to a re-
5 form or practice, means a reform that meets
6 the criteria for receiving a mid-phase grant
7 from the education innovation and research pro-
8 gram under section 4611 of the Elementary
9 and Secondary Education Act of 1965 (20
10 U.S.C. 7261), as determined by the Secretary
11 in accordance with such section.
12 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.—
13 The term ‘first generation college student’ has the
14 meaning given the term in section 402A(h).
15 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
16 The term ‘institution of higher education’ has the
17 meaning given the term in section 101.
18 ‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The
19 term ‘Tribal College or University’ has the meaning
20 given the term in section 316(b)(3).
21 ‘‘SEC. 795F. SUNSET.
22 ‘‘(a) IN GENERAL.—The authority to make grants
23 under this subpart shall expire at the end of award year
24 2029–2030.
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1 ‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
2 TENSION OF PROGRAMS.—Section 422 of the General
3 Education Provisions Act (20 U.S.C. 1226a) shall not
4 apply to this subpart.
5 ‘‘SEC. 795G. APPROPRIATION.
6 ‘‘In addition to amounts otherwise available, there is
7 appropriated for fiscal year 2022, out of any money in
8 the Treasury not otherwise appropriated, $9,000,000,000,
9 to remain available until September 30, 2030, for carrying
10 out this subpart.’’.
11 SEC. 20023. TUITION ASSISTANCE FOR STUDENTS AT HIS-
12 TORICALLY BLACK COLLEGES AND UNIVER-
13 SITIES, TRIBAL COLLEGES AND UNIVER-
14 SITIES, AND MINORITY-SERVING INSTITU-
15 TIONS.
16 Part F of title VII of the Higher Education Act of
17 1965 (20 U.S.C. 1133 et seq.), as added and amended
18 by this Act, is further amended by adding at the end the
19 following:
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1 ‘‘Subpart 3—Tuition Assistance for Students at His-
2 torically Black Colleges and Universities, Tribal
3 Colleges and Universities, and Minority-serving
4 Institutions
5 ‘‘SEC. 796. TUITION ASSISTANCE FOR HISTORICALLY BLACK
6 COLLEGES AND UNIVERSITIES.
7 ‘‘Beginning with award year 2023–2024, from
8 amounts appropriated to carry out this subpart for any
9 fiscal year, the Secretary shall award grants to partici-
10 pating historically Black colleges and universities that are
11 eligible institutions.
12 ‘‘SEC. 796A. TUITION ASSISTANCE FOR TRIBAL COLLEGES
13 AND UNIVERSITIES.
14 ‘‘Beginning with award year 2023–2024, from
15 amounts appropriated to carry out this subpart for any
16 fiscal year, the Secretary shall award grants to partici-
17 pating Tribal Colleges and Universities that are eligible
18 institutions.
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1 ‘‘SEC. 796B. TUITION ASSISTANCE FOR ALASKA NATIVE-
2 SERVING INSTITUTIONS, ASIAN AMERICAN
3 AND NATIVE AMERICAN PACIFIC ISLANDER-
4 SERVING INSTITUTIONS, HISPANIC-SERVING
5 INSTITUTIONS, NATIVE AMERICAN-SERVING
6 NONTRIBAL INSTITUTIONS, NATIVE HAWAI-
7 IAN-SERVING INSTITUTIONS, AND PREDOMI-
8 NANTLY BLACK INSTITUTIONS.
9 ‘‘(a) IN GENERAL.—Beginning with award year
10 2023–2024, from amounts appropriated to carry out this
11 subpart for any fiscal year, the Secretary shall award
12 grants to participating Alaska Native-serving institutions,
13 Asian American and Native American Pacific Islander-
14 serving institutions, Hispanic-serving institutions, Native
15 American-serving nontribal institutions, Native Hawaiian-
16 serving institutions, and Predominantly Black institutions
17 that are eligible institutions.
18 ‘‘(b) STATUS OF INSTITUTION.—An institution’s sta-
19 tus as an eligible institution described in subsection (a)
20 shall—
21 ‘‘(1) be based on the most recent data available;
22 and
23 ‘‘(2) be reviewed annually to ensure that the in-
24 stitution continues to meet the requirements for sta-
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25 tus as an institution described in subsection (a).
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1 ‘‘SEC. 796C. GRANT TERMS.
2 ‘‘(a) GRANT AMOUNT.—
3 ‘‘(1) IN GENERAL.—For each year for which an
4 eligible institution participates in the grant program
5 under this subpart, such eligible institution shall re-
6 ceive a grant in an amount equal to the product
7 of—
8 ‘‘(A) the number of eligible students en-
9 rolled at the institution for such year; and
10 ‘‘(B)(i) for the 2023–2024 award year, the
11 median resident community college tuition and
12 fees per student in all States, not weighted for
13 enrollment, for the most recent award year for
14 which data are available; and
15 ‘‘(ii) for the 2024–2025 award year and
16 each subsequent award year, the amount deter-
17 mined under this subparagraph for the pre-
18 ceding award year, increased by the lesser of—
19 ‘‘(I) a percentage equal to the esti-
20 mated percentage increase in the Con-
21 sumer Price Index (as determined by the
22 Secretary) since the date of such deter-
23 mination; or
24 ‘‘(II) 3 percent.
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25 ‘‘(2) FIRST-YEAR TUITION AND FEES.—As a
26 condition of receiving a grant under this subpart, an
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1 eligible institution shall not increase tuition and fees
2 during the first year of participation in the grant
3 program under this subpart at a rate greater than
4 the average annual increase at the eligible institution
5 in the previous 5 years.
6 ‘‘(3) STUDENTS ENROLLED LESS THAN FULL-
7 TIME.—The Secretary shall develop and implement a
8 formula for making adjustments to grant amounts
9 under this subpart based on the number of eligible
10 students at each eligible institution enrolled less
11 than full-time and the associated tuition and fees
12 charged to such students in proportion to the degree
13 to which each such student is not attending on a
14 full-time basis.
15 ‘‘(4) DATA ADJUSTMENTS.—
16 ‘‘(A) IN GENERAL.—The Secretary shall
17 establish a process through which each eligible
18 institution that participates in the program
19 under this section—
20 ‘‘(i) provides the necessary eligible
21 student enrollment data at the start of the
22 award year; and
23 ‘‘(ii) initially receives grant funds, as
24 calculated under this subsection, based on
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25 such data.
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1 ‘‘(B) ADJUSTMENT OF GRANT AMOUNT.—
2 For each year for which an eligible institution
3 receives a grant under this subpart, the Sec-
4 retary shall, once final enrollment data for such
5 year are available—
6 ‘‘(i) in consultation with the eligible
7 institution concerned, determine the actual
8 number of eligible students for the year
9 covered by the grant; and
10 ‘‘(ii) adjust the grant amount received
11 by the eligible institution to reflect the ac-
12 tual number of eligible students, which
13 may include applying the relevant adjust-
14 ment to such grant amount in the subse-
15 quent award year.
16 ‘‘(b) DUPLICATE GRANTS PROHIBITED.—An institu-
17 tion shall not receive more than one grant at a time under
18 this subpart.
19 ‘‘(c) APPLICATION.—An eligible institution that de-
20 sires a grant under this subpart shall submit an applica-
21 tion to the Secretary that includes—
22 ‘‘(1) an assurance that the institution commits
23 to maintaining, expanding, or adopting and imple-
24 menting evidence-based institutional reforms or
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25 practices to improve student outcomes, which shall
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1 include one or more of the practices described in sec-
2 tion 795D(b)(1); and
3 ‘‘(2) in the case of an eligible institution that
4 enrolls students who transfer from another institu-
5 tion, an assurance that the institution—
6 ‘‘(A) commits to increasing the transfer-
7 ability of individual courses within certificate or
8 associate programs offered by community col-
9 leges in the State to related baccalaureate pro-
10 grams offered by such institution to maximize
11 the transferability of credits for students who
12 transfer before completing an associate degree;
13 ‘‘(B) will ensure that students attending
14 community colleges in the State have access to
15 comprehensive counseling and other easily ac-
16 cessible tools regarding the process for transfer-
17 ring to such institution; and
18 ‘‘(C) has a formal, statewide articulation
19 agreement with community colleges in the State
20 in which such institution operates that, at a
21 minimum, ensures that associate degrees
22 awarded by community colleges in the State are
23 fully transferable to, and credited as, the first
24 2 years of related baccalaureate programs at
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25 such institution.
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1 ‘‘(d) USE OF FUNDS.—
2 ‘‘(1) REQUIRED USE.—Funds awarded under
3 this subpart to a participating eligible institution
4 shall be used to reduce tuition and fees for eligible
5 students by an amount that is not less than the min-
6 imum per-student amount described in paragraph
7 (2), unless the actual cost of tuition and fees at such
8 institution is not more than such per-student
9 amount, in which case such institution shall use
10 such funds to waive all such tuition and fees charged
11 to such students and use any remaining funds in ac-
12 cordance with paragraph (3).
13 ‘‘(2) MINIMUM PER-STUDENT AMOUNT.—The
14 minimum per-student amount described in this para-
15 graph shall be equal to—
16 ‘‘(A) for the 2023–2024 award year, the
17 median resident community college tuition and
18 fees per student in all States, not weighted for
19 enrollment, for the most recent award year for
20 which data are available; and
21 ‘‘(B) for the 2024–2025 award year and
22 each subsequent award year, the amount deter-
23 mined under this paragraph for the preceding
24 award year, increased by the lesser of—
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1 ‘‘(i) a percentage equal to the esti-
2 mated percentage increase in the Con-
3 sumer Price Index (as determined by the
4 Secretary) since the date of such deter-
5 mination; or
6 ‘‘(ii) 3 percent.
7 ‘‘(3) ADDITIONAL USES.—A participating eligi-
8 ble institution shall use any grant funds remaining
9 after meeting the requirements of paragraph (1) to
10 provide financial aid to eligible students that may be
11 used by such students to pay for any component of
12 cost of attendance other than tuition and fees, which
13 may include emergency financial aid grants.
14 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made
15 available to carry out this subpart shall be used to supple-
16 ment, and not supplant, other Federal, State, tribal, and
17 local funds that would otherwise be expended to carry out
18 activities under this subpart.
19 ‘‘(f) SIXTY CREDITS.—Funds under this subpart may
20 only be used to waive or reduce tuition and fees for the
21 first 60 credits for which an eligible student is enrolled
22 in the participating eligible institution except that, when
23 calculating the number of credits in which the student has
24 been enrolled for the purpose of carrying out this sub-
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25 part—
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1 ‘‘(1) no student shall be considered to have
2 been enrolled for more than 12 credits per semester
3 (or the equivalent) during the period for which the
4 student is receiving benefits under this subpart; and
5 ‘‘(2) the participating eligible institution may
6 exclude any credits that a student enrolled in and
7 did not complete at such institution if the institution
8 determines that such exclusion would be in the best
9 interest of the student, except that an institution
10 may exclude no more than 15 credits under this
11 paragraph for each individual student.
12 ‘‘(g) ELIGIBILITY FOR BENEFITS.—No individual
13 shall be determined to be ineligible to receive benefits pro-
14 vided under this subpart (including reduction of tuition
15 and fees and other aid provided under this subpart) on
16 the basis of citizenship, alienage, or immigration status.
17 ‘‘SEC. 796D. DEFINITIONS.
18 ‘‘In this subpart:
19 ‘‘(1) ALASKA NATIVE-SERVING INSTITUTION.—
20 The term ‘Alaska Native-serving institution’ has the
21 meaning given such term in section 317(b).
22 ‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN
23 PACIFIC ISLANDER-SERVING INSTITUTION.—The
24 term ‘Asian American and Native American Pacific
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1 Islander-serving institution’ has the meaning given
2 such term in section 371(c).
3 ‘‘(3) COST OF ATTENDANCE.—The term ‘cost of
4 attendance’ has the meaning given such term in sec-
5 tion 472.
6 ‘‘(4) ELIGIBLE INSTITUTION.—
7 ‘‘(A) IN GENERAL.—The term ‘eligible in-
8 stitution’ means a public or nonprofit 4-year in-
9 stitution of higher education that has an under-
10 graduate student body of which not less than
11 35 percent are low-income students.
12 ‘‘(B) CONTINUING ELIGIBILITY.—The Sec-
13 retary’s determination of whether an institution
14 meets the requirement under subparagraph (A)
15 shall be based on the most recent data avail-
16 able, and shall be reviewed annually to ensure
17 that the institution continues to meet the re-
18 quirements for participation.
19 ‘‘(5) ELIGIBLE STUDENT.—
20 ‘‘(A) IN GENERAL.—The term ‘eligible stu-
21 dent’ means a student, regardless of age, who—
22 ‘‘(i) is enrolled as an undergraduate
23 student in an eligible program (as defined
24 in section 481(b)) at a participating eligi-
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1 ble institution, on at least a half-time
2 basis;
3 ‘‘(ii) is a low-income student;
4 ‘‘(iii) has been enrolled at such par-
5 ticipating eligible institution under this
6 subpart for not more than 60 credits, sub-
7 ject to section 796C(f);
8 ‘‘(iv) has not been enrolled (whether
9 full-time or less than full-time) for more
10 than 6 semesters (or the equivalent) for
11 which the student received a benefit under
12 this subpart;
13 ‘‘(v) is not enrolled in a dual or con-
14 current enrollment program or early col-
15 lege high school;
16 ‘‘(vi) has not completed an under-
17 graduate baccalaureate course of study;
18 and
19 ‘‘(vii) in the case of a student who is
20 a United States citizen, has filed a Free
21 Application for Federal Student Aid de-
22 scribed in section 483 for the applicable
23 award year for which the student is en-
24 rolled.
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1 ‘‘(B) CONTINUED ELIGIBILITY.—In the
2 case of an eligible student who receives assist-
3 ance under this subpart and attends an institu-
4 tion that loses status as an eligible institution
5 or as an institution described in section
6 796B(a), the student may continue to receive
7 such assistance for the period for which the stu-
8 dent would have been eligible if the institution
9 at which they are enrolled had retained such
10 status.
11 ‘‘(6) HISPANIC-SERVING INSTITUTION.—The
12 term ‘Hispanic-serving institution’ has the meaning
13 given such term in section 502.
14 ‘‘(7) HISTORICALLY BLACK COLLEGE OR UNI-
15 VERSITY.—The term ‘historically Black college or
16 university’ means a part B institution as defined in
17 section 322.
18 ‘‘(8) LOW-INCOME STUDENT.—The term ‘low-
19 income student’ means a student who meets the fi-
20 nancial eligibility criteria for receiving a Federal Pell
21 Grant under section 401, regardless of whether such
22 student is otherwise eligible to receive such Federal
23 Pell Grant.
24 ‘‘(9) NATIVE AMERICAN-SERVING NONTRIBAL
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25 INSTITUTION.—The term ‘Native American-serving
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1 nontribal institution’ has the meaning given such
2 term in section 319.
3 ‘‘(10) NATIVE HAWAIIAN-SERVING INSTITU-
4 TION.—The term ‘Native Hawaiian-serving institu-
5 tion’ has the meaning given such term in section
6 317(b).
7 ‘‘(11) PREDOMINANTLY BLACK INSTITUTION.—
8 The term ‘Predominantly Black institution’ has the
9 meaning given such term in section 371(c).
10 ‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The
11 term ‘Tribal College or University’ has the meaning
12 given such term in section 316(b)(3).
13 ‘‘SEC. 796E. SUNSET.
14 ‘‘(a) IN GENERAL.—The authority to make grants
15 under this subpart shall expire at the end of award year
16 2029–2030.
17 ‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EX-
18 TENSION OF PROGRAMS.—Section 422 of the General
19 Education Provisions Act (20 U.S.C. 1226a) shall not
20 apply to this subpart.
21 ‘‘SEC. 796F. APPROPRIATION.
22 ‘‘In addition to amounts otherwise available, there is
23 appropriated for fiscal year 2022, out of any money in
24 the Treasury not otherwise appropriated, such sums as
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1 may be necessary, to remain available until September 30,
2 2030, for carrying out this subpart.’’.
3 SEC. 20024. NORTHERN MARIANA ISLANDS, AMERICAN
4 SAMOA, UNITED STATES VIRGIN ISLANDS,
5 AND GUAM COLLEGE ACCESS.
6 Part F of title VII of the Higher Education Act of
7 1965 (20 U.S.C. 1133 et seq.), as added and amended
8 by this Act, is further amended by adding at the end the
9 following:
10 ‘‘SEC. 798. NORTHERN MARIANA ISLANDS, AMERICAN
11 SAMOA, UNITED STATES VIRGIN ISLANDS,
12 AND GUAM COLLEGE ACCESS GRANTS.
13 ‘‘(a) GRANTS.—
14 ‘‘(1) GRANT AMOUNTS.—
15 ‘‘(A) IN GENERAL.—Beginning with award
16 year 2023–2024, from amounts appropriated to
17 carry out this section, the Secretary shall pro-
18 vide such sums as may be necessary to the Gov-
19 ernors of each outlying area for such Governors
20 to award grants to eligible institutions that en-
21 roll eligible students to pay the difference be-
22 tween the tuition and fees charged for in-State
23 students and the tuition and fees charged for
24 out-of-State students on behalf of each eligible
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25 student enrolled in the eligible 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 481);
6 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) APPLICATION.—Each eligible student de-
14 siring a payment under this section shall submit an
15 application to the eligible institution at which such
16 student is enrolled or plans to enroll.
17 ‘‘(3) ELIGIBILITY FOR BENEFITS.—No indi-
18 vidual shall be determined to be ineligible to receive
19 benefits provided under this subpart (including tui-
20 tion payments and other aid provided under this
21 subpart) on the basis of citizenship, alienage, or im-
22 migration status.
23 ‘‘(b) ADMINISTRATION OF PROGRAM.—
24 ‘‘(1) IN GENERAL.—Each Governor shall carry
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25 out the program under this section in consultation
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1 with the Secretary. Each Governor may enter into a
2 grant, contract, or cooperative agreement with an-
3 other public or private entity to administer the pro-
4 gram under this section.
5 ‘‘(2) MEMORANDUM OF AGREEMENT.—Each
6 Governor and the Secretary shall enter into a memo-
7 randum of agreement that describes—
8 ‘‘(A) the manner in which the Governor
9 will consult with the Secretary with respect to
10 administering the program under this section;
11 and
12 ‘‘(B) any technical or other assistance to
13 be provided to the Governor by the Secretary
14 for purposes of administering the program
15 under this section (which may include access to
16 the information in the Free Application for
17 Federal Student Aid described in section 483).
18 ‘‘(3) CONSTRUCTION.—Nothing in this section
19 shall be construed to require an institution of higher
20 education to alter the institution’s admissions poli-
21 cies or standards in any manner to enable an eligible
22 student to enroll in the institution.
23 ‘‘(4) GRANT AUTHORITY.—The authority to
24 make grants under this section shall expire at the
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25 end of award year 2029–2030.
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1 ‘‘(c) INAPPLICABILITY OF GEPA CONTINGENT EX-
2 TENSION OF PROGRAMS.—Section 422 of the General
3 Education Provisions Act (20 U.S.C. 1226a) shall not
4 apply to this section.
5 ‘‘(d) DEFINITIONS.—In this section:
6 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi-
7 ble institution’ means an institution that—
8 ‘‘(A) is a public four-year institution of
9 higher education located in one of the several
10 States of the United States, the District of Co-
11 lumbia, Puerto Rico, or an outlying area;
12 ‘‘(B) is eligible to participate in the stu-
13 dent financial assistance programs under title
14 IV; and
15 ‘‘(C) enters into an agreement with the
16 Governor of an outlying area, or with two or
17 more of such Governors (except that such insti-
18 tution may not enter into an agreement with
19 the Governor of the outlying area in which such
20 institution is located), containing such condi-
21 tions as each Governor may specify, including a
22 requirement that the institution use the funds
23 made available under this section to supplement
24 and not supplant assistance that otherwise
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1 would be provided to eligible students from out-
2 lying areas.
3 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible
4 student’ means an individual who—
5 ‘‘(A) was domiciled in an outlying area for
6 not less than 12 consecutive months preceding
7 the commencement of the freshman year at an
8 institution of higher education;
9 ‘‘(B) has not completed an undergraduate
10 baccalaureate course of study;
11 ‘‘(C) begins the individual’s course of study
12 at an eligible institution within 3 calendar years
13 (excluding any period of service on active duty
14 in the Armed Forces or service under the Peace
15 Corps Act (22 U.S.C. 2501 et seq.) or subtitle
16 D of title I of the National and Community
17 Service Act of 1990 (42 U.S.C. 12571 et seq.))
18 of—
19 ‘‘(i) graduation from secondary
20 school, or obtaining the recognized equiva-
21 lent of a secondary school diploma; or
22 ‘‘(ii) transfer from an institution of
23 higher education located in an outlying
24 area (including transfer following the com-
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1 pletion of an associate degree or certificate
2 at such institution); and
3 ‘‘(D) is enrolled or accepted for enrollment,
4 on at least a half-time basis, in a baccalaureate
5 degree or other program (including a program
6 of study abroad approved for credit by the insti-
7 tution at which such student is enrolled) lead-
8 ing to a recognized educational credential at an
9 eligible institution.
10 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—
11 The term ‘institution of higher education’ has the
12 meaning given the term in section 101.
13 ‘‘(4) GOVERNOR.—The term ‘Governor’ means
14 the Governor of an outlying area.
15 ‘‘(5) OUTLYING AREA.—The term ‘outlying
16 area’ means the Northern Mariana Islands, Amer-
17 ican Samoa, the United States Virgin Islands, and
18 Guam.
19 ‘‘(e) APPROPRIATIONS.—In addition to amounts oth-
20 erwise available, there is appropriated for fiscal year 2022,
21 out of any money in the Treasury not otherwise appro-
22 priated, such sums as may be necessary, to remain avail-
23 able until September 30, 2030, for carrying out this sec-
24 tion.’’.
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1 Subpart B—Pell Grants and Student Loans
2 SEC. 20031. INCREASING THE MAXIMUM FEDERAL PELL
3 GRANT.
4 (a) AWARD YEAR 2022–2023.—Section 401(b)(7) of
5 the Higher Education Act of 1965 (20 U.S.C.
6 1070a(b)(7)) is amended—
7 (1) in subparagraph (A)(iii), by inserting ‘‘and
8 such sums as may be necessary for fiscal year 2022
9 to carry out the $500 increase provided under sub-
10 paragraph (C)(iii)’’ before ‘‘; and’’; and
11 (2) in subparagraph (C)(iii), by inserting before
12 the period at the end the following: ‘‘, except that,
13 for award year 2022–2023, such amount shall be in-
14 creased by $500’’.
15 (b) SUBSEQUENT AWARD YEARS THROUGH 2029–
16 2030.—
17 (1) IN GENERAL.—Section 401(b) of the High-
18 er Education Act of 1965 (20 U.S.C. 1070a(b)), as
19 amended by section 703 of the FAFSA Simplifica-
20 tion Act (title VII of division FF of Public Law
21 116–260), is amended—
22 (A) in paragraph (5)(A)—
23 (i) in clause (i), by striking ‘‘and’’
24 after the semicolon;
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25 (ii) by redesignating clause (ii) as
26 clause (iii); and
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1 (iii) by inserting after clause (i) the
2 following:
3 ‘‘(ii) for each of award years 2023–
4 2024 through 2029–2030, an additional
5 $500; and’’; and
6 (B) in paragraph (6)(A)—
7 (i) in clause (i)—
8 (I) by striking ‘‘appropriated)
9 such’’ and inserting the following:
10 ‘‘appropriated)—
11 ‘‘(I) such’’; and
12 (II) by adding at the end the fol-
13 lowing:
14 ‘‘(II) such sums as are necessary
15 to carry out paragraph (5)(A)(ii) for
16 each of fiscal years 2023 through
17 2029; and’’; and
18 (ii) in clause (ii), by striking
19 ‘‘(5)(A)(ii)’’ and inserting ‘‘(5)(A)(iii)’’.
20 (2) EFFECTIVE DATE.—The amendments made
21 by paragraph (1) shall take effect as if included in
22 section 703 of the FAFSA Simplification Act (title
23 VII of division FF of Public Law 116–260) and in
24 accordance with section 701(b) of such Act.
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1 SEC. 20032. FEDERAL STUDENT AID ELIGIBILITY.
2 Section 484(a)(5) of the Higher Education Act of
3 1965 (20 U.S.C. 1091(a)(5)) is amended by inserting ‘‘,
4 or, with respect to any grant, loan, or work assistance re-
5 ceived under this title for award years 2022–2023 through
6 2029–2030, be subject to a grant of deferred enforced de-
7 parture or have deferred action pursuant to the Deferred
8 Action for Childhood Arrivals policy of the Secretary of
9 Homeland Security or temporary protected status under
10 section 244 of the Immigration and Nationality Act (8
11 U.S.C. 1254a)’’ after ‘‘becoming a citizen or permanent
12 resident’’.
13 SEC. 20033. ACTIVE DUTY DEFERMENT PERIODS COUNTED
14 TOWARD PUBLIC SERVICE LOAN FORGIVE-
15 NESS.
16 Section 455(m) of the Higher Education Act of 1965
17 (20 U.S.C. 1087e(m)) is amended—
18 (1) by redesignating paragraphs (2) through
19 (4) as paragraphs (3) through (5), respectively; and
20 (2) in paragraph (1), in the matter preceding
21 subparagraph (A), by striking ‘‘paragraph (2)’’ and
22 inserting ‘‘paragraph (3)’’; and
23 (3) by inserting after paragraph (1) the fol-
24 lowing:
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25 ‘‘(2) ACTIVE DUTY DEFERMENT PERIODS.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding para-
2 graph(1)(A) and subject to subparagraph (B),
3 the Secretary shall deem each month for which
4 a loan payment was in deferment under sub-
5 section (f)(2) of this section or for which a loan
6 payment was in forbearance under section
7 685.205(a)(7) of title 34, Code of Federal Reg-
8 ulations, (or similar successor regulations), for
9 a borrower described in subsection (f)(2)(C) as
10 if the borrower of the loan had made a payment
11 for the purpose of public service loan forgive-
12 ness under this subsection.
13 ‘‘(B) LIMITATION.—Subparagraph (A)
14 shall apply only to eligible Federal Direct Loans
15 originated before the first day of fiscal year
16 2031.’’.
17 Subpart C—Investments in Historically Black Col-
18 leges and Universities, Tribal Colleges and Uni-
19 versities, and Minority-Serving Institutions
20 SEC. 20041. INSTITUTIONAL AID.
21 (a) IN GENERAL.—In addition to amounts otherwise
22 available, there is appropriated for fiscal year 2022, out
23 of any money in the Treasury not otherwise appro-
24 priated—
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1 (1) $113,738,000, to remain available until
2 September 30, 2022, for carrying out section
3 371(b)(2)(B) of the Higher Education Act of 1965
4 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2022;
5 (2) $113,738,000, to remain available until
6 September 30, 2023, for carrying out section
7 371(b)(2)(B) of the Higher Education Act of 1965
8 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2023;
9 (3) $113,738,000, to remain available until
10 September 30, 2024, for carrying out section
11 371(b)(2)(B) of the Higher Education Act of 1965
12 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2024;
13 (4) $113,738,000, to remain available until
14 September 30, 2025, for carrying out section
15 371(b)(2)(B) of the Higher Education Act of 1965
16 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2025;
17 (5) $113,738,000, to remain available until
18 September 30, 2026, for carrying out section
19 371(b)(2)(B) of the Higher Education Act of 1965
20 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 2026;
21 (6) $113,738,000, to remain available until
22 September 30, 2022, for carrying out section
23 371(b)(2)(C) of the Higher Education Act of 1965
24 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2022;
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1 (7) $113,738,000, to remain available until
2 September 30, 2023, for carrying out section
3 371(b)(2)(C) of the Higher Education Act of 1965
4 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2023;
5 (8) $113,738,000, to remain available until
6 September 30, 2024, for carrying out section
7 371(b)(2)(C) of the Higher Education Act of 1965
8 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2024;
9 (9) $113,738,000, to remain available until
10 September 30, 2025, for carrying out section
11 371(b)(2)(C) of the Higher Education Act of 1965
12 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2025;
13 (10) $113,738,000, to remain available until
14 September 30, 2026, for carrying out section
15 371(b)(2)(C) of the Higher Education Act of 1965
16 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 2026;
17 (11) $34,104,000, to remain available until
18 September 30, 2022, for carrying out section
19 371(b)(2)(D)(i) of the Higher Education Act of
20 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
21 2022;
22 (12) $34,104,000, to remain available until
23 September 30, 2023, for carrying out section
24 371(b)(2)(D)(i) of the Higher Education Act of
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1 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2 2023;
3 (13) $34,104,000, to remain available until
4 September 30, 2024, for carrying out section
5 371(b)(2)(D)(i) of the Higher Education Act of
6 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
7 2024;
8 (14) $34,104,000, to remain available until
9 September 30, 2025, for carrying out section
10 371(b)(2)(D)(i) of the Higher Education Act of
11 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
12 2025;
13 (15) $34,104,000, to remain available until
14 September 30, 2026, for carrying out section
15 371(b)(2)(D)(i) of the Higher Education Act of
16 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
17 2026;
18 (16) $17,052,000, to remain available until
19 September 30, 2022, for carrying out section
20 371(b)(2)(D)(ii) of the Higher Education Act of
21 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year
22 2022;
23 (17) $17,052,000, to remain available until
24 September 30, 2023, for carrying out section
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25 371(b)(2)(D)(ii) of the Higher Education Act of
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1 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year
2 2023;
3 (18) $17,052,000, to remain available until
4 September 30, 2024, for carrying out section
5 371(b)(2)(D)(ii) of the Higher Education Act of
6 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year
7 2024;
8 (19) $17,052,000, to remain available until
9 September 30, 2025, for carrying out section
10 371(b)(2)(D)(ii) of the Higher Education Act of
11 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year
12 2025;
13 (20) $17,052,000, to remain available until
14 September 30, 2026, for carrying out section
15 371(b)(2)(D)(ii) of the Higher Education Act of
16 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal year
17 2026;
18 (21) $5,684,000, to remain available until Sep-
19 tember 30, 2022, for carrying out section
20 371(b)(2)(D)(iii) of the Higher Education Act of
21 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year
22 2022;
23 (22) $5,684,000, to remain available until Sep-
24 tember 30, 2023, for carrying out section
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25 371(b)(2)(D)(iii) of the Higher Education Act of
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1 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year
2 2023;
3 (23) $5,684,000, to remain available until Sep-
4 tember 30, 2024, for carrying out section
5 371(b)(2)(D)(iii) of the Higher Education Act of
6 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year
7 2024;
8 (24) $5,684,000, to remain available until Sep-
9 tember 30, 2025, for carrying out section
10 371(b)(2)(D)(iii) of the Higher Education Act of
11 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year
12 2025;
13 (25) $5,684,000, to remain available until Sep-
14 tember 30, 2026, for carrying out section
15 371(b)(2)(D)(iii) of the Higher Education Act of
16 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal year
17 2026;
18 (26) $5,684,000, to remain available until Sep-
19 tember 30, 2022, for carrying out section
20 371(b)(2)(D)(iv) of the Higher Education Act of
21 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year
22 2022;
23 (27) $5,684,000, to remain available until Sep-
24 tember 30, 2023, for carrying out section
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25 371(b)(2)(D)(iv) of the Higher Education Act of
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1 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year
2 2023;
3 (28) $5,684,000, to remain available until Sep-
4 tember 30, 2024, for carrying out section
5 371(b)(2)(D)(iv) of the Higher Education Act of
6 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year
7 2024;
8 (29) $5,684,000, to remain available until Sep-
9 tember 30, 2025, for carrying out section
10 371(b)(2)(D)(iv) of the Higher Education Act of
11 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year
12 2025; and
13 (30) $5,684,000, to remain available until Sep-
14 tember 30, 2026, for carrying out section
15 371(b)(2)(D)(iv) of the Higher Education Act of
16 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal year
17 2026;
18 (b) USE OF FUNDS.—The Secretary shall use 15 per-
19 cent of each of the amounts appropriated under para-
20 graphs (6) through (10) of subsection (a) to award 25 ad-
21 ditional grants under section 371(b)(2)(C)(ii).
22 SEC. 20042. RESEARCH AND DEVELOPMENT INFRASTRUC-
23 TURE COMPETITIVE GRANT PROGRAM.
24 Title III of the Higher Education Act of 1965 (20
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25 U.S.C. 1051 et seq.) is amended—
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1 (1) by redesignating part G as part H; and
2 (2) by inserting after section 371 the following:
3 ‘‘PART G—IMPROVING RESEARCH & DEVELOP-
4 MENT INFRASTRUCTURE FOR MINORITY-
5 SERVING INSTITUTIONS
6 ‘‘SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRA-
7 STRUCTURE FOR MINORITY-SERVING INSTI-
8 TUTIONS.
9 ‘‘(a) ELIGIBLE INSTITUTION.—In this section, the
10 term ‘eligible institution’ means an institution that—
11 ‘‘(1) is described in section 371(a);
12 ‘‘(2) is a 4-year institution; and
13 ‘‘(3) is not an institution classified as very high
14 research activity by the Carnegie Classification of
15 Institutions of Higher Education.
16 ‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.—
17 ‘‘(1) PLANNING GRANTS.—The Secretary shall
18 award planning grants, on a competitive basis, to eli-
19 gible institutions to assist the eligible institutions in
20 developing a strategic plan, assessing capacity, and
21 carrying out other activities to develop and submit
22 an application for an implementation grant under
23 paragraph (2) to support research and development
24 infrastructure. Planning grants awarded under this
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25 paragraph shall be for a period of 1 to 2 years.
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1 ‘‘(2) IMPLEMENTATION GRANTS.—The Sec-
2 retary shall award implementation grants, on a com-
3 petitive basis, to eligible institutions to assist the eli-
4 gible institutions in supporting research and develop-
5 ment infrastructure. Implementation grants awarded
6 under this paragraph shall be for a period of 1 to
7 5 years.
8 ‘‘(c) APPLICATIONS.—
9 ‘‘(1) IN GENERAL.—
10 ‘‘(A) PLANNING GRANTS.—An eligible in-
11 stitution that desires to receive a planning
12 grant under subsection (b)(1) shall submit an
13 application to the Secretary. Such application
14 shall include—
15 ‘‘(i) a description of the activities that
16 will be carried out with grant funds; and
17 ‘‘(ii) an assurance that the grant
18 funds provided under subsection (b)(1)
19 shall be used to supplement, and not sup-
20 plant, other Federal, State, tribal, and
21 local funds that would otherwise be ex-
22 pended to develop a plan, assess capacity,
23 or carry out other activities related to re-
24 search and development infrastructure.
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25 ‘‘(B) IMPLEMENTATION GRANTS.—
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1 ‘‘(i) IN GENERAL.—An eligible institu-
2 tion that desires to receive an implementa-
3 tion grant under subsection (b)(2) shall
4 submit an application to the Secretary.
5 Such application shall include—
6 ‘‘(I) a description of the projects
7 that will be carried out with grant
8 funds and, in the case of an institu-
9 tion that was previously awarded a
10 planning grant under subsection
11 (b)(1), the strategic plan developed as
12 part of such planning grant;
13 ‘‘(II) a description of how such
14 projects will support the research and
15 development infrastructure of the in-
16 stitution; and
17 ‘‘(III) an assurance that the
18 grant funds provided under subsection
19 (b)(2) shall be used to supplement,
20 and not supplant, other Federal,
21 State, tribal, and local funds that
22 would otherwise be expended to sup-
23 port research and development infra-
24 structure.
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1 ‘‘(2) CONSORTIA.—An eligible institution may
2 apply to receive a grant under this section on behalf
3 of a consortium, which may include institutions clas-
4 sified as very high research activity by the Carnegie
5 Classification of Institutions of Higher Education,
6 two-year institutions of higher education, and other
7 academic partners, philanthropic organizations, and
8 industry partners, provided that the eligible institu-
9 tion is the lead member and fiscal agent of the con-
10 sortium.
11 ‘‘(3) NO COMPREHENSIVE DEVELOPMENT
12 PLAN.—The requirement under section 391(b)(1)
13 shall not apply to grants awarded under this section.
14 ‘‘(d) PRIORITY IN AWARDS.—In awarding planning
15 and implementation grants under this section, the Sec-
16 retary shall give priority to eligible institutions that meet
17 any of the following:
18 ‘‘(1) Received less than $10,000,000 for the
19 previous fiscal year for research and development
20 from all Federal sources combined, except that, in
21 the case of an eligible institution being considered
22 for an implementation grant, the calculation of such
23 amount shall not include a planning grant under
24 this section.
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1 ‘‘(2) In the case of eligible institutions being
2 considered for an implementation grant, have re-
3 ceived a planning grant under this section and have
4 developed and submitted to the Secretary a high-
5 quality strategic plan, in accordance with the re-
6 quirements of such planning grant.
7 ‘‘(e) USE OF FUNDS.—
8 ‘‘(1) PLANNING GRANTS.—An eligible institu-
9 tion that receives a planning grant under subsection
10 (b)(1) shall use the grant funds to develop a stra-
11 tegic plan, assess capacity, and carry out other ac-
12 tivities to develop and submit an application for an
13 implementation grant to support research and devel-
14 opment infrastructure. In carrying out the activities
15 under such grant, each such eligible institution—
16 ‘‘(A) shall develop a high-quality strategic
17 plan for improving institutional research and
18 development infrastructure that includes—
19 ‘‘(i) an assessment of the existing in-
20 stitutional research capacity and research
21 and development infrastructure; and
22 ‘‘(ii) a detailed description of how re-
23 search and development infrastructure
24 funds provided by an implementation grant
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25 under this section would be used to in-
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1 crease institutional research capacity and
2 support research and development infra-
3 structure; and
4 ‘‘(B) in developing such strategic plan,
5 may work in partnership with entities described
6 in subsection (c)(2) to identify and secure non-
7 Federal funding to support research and devel-
8 opment infrastructure.
9 ‘‘(2) IMPLEMENTATION GRANTS.—An eligible
10 institution that receives an implementation grant
11 under subsection (b)(2) shall use the grant funds to
12 support research and development infrastructure,
13 which shall include carrying out at least one of the
14 following activities:
15 ‘‘(A) Providing funding for a program
16 under paragraph (1), (2), or (9) of section
17 311(c) or under paragraph (1), (2), or (8) of
18 section 503(b) related to research and develop-
19 ment infrastructure that is being carried out by
20 the eligible institution on the date on which the
21 eligible institution receives a grant under this
22 section.
23 ‘‘(B) Providing for the improvement of in-
24 frastructure existing on the date of the grant
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25 award, including deferred maintenance, or the
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1 establishment of new physical infrastructure,
2 including instructional program spaces, labora-
3 tories, or research facilities relating to the fields
4 of science, technology, engineering, the arts,
5 mathematics, health, agriculture, education,
6 medicine, law, and other disciplines.
7 ‘‘(C) Hiring and retaining faculty, stu-
8 dents, research-related staff, or other personnel,
9 including research personnel skilled in oper-
10 ating, using, or applying technology, equipment,
11 or devices used to conduct or support research.
12 ‘‘(D) Supporting research internships and
13 fellowships for students, including under-
14 graduate, graduate, and post-doctoral positions,
15 which may include providing direct student fi-
16 nancial assistance to such students.
17 ‘‘(E) Creating new, or expanding existing,
18 academic positions, including internships, fel-
19 lowships, and post-doctoral positions, in fields
20 of research for which research and development
21 infrastructure funds have been awarded under
22 this section.
23 ‘‘(F) Creating and supporting inter- and
24 intra-institutional research centers (including
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25 formal and informal communities of practice) in
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1 fields of research for which research and devel-
2 opment infrastructure funds have been awarded
3 under this section, including hiring staff, pur-
4 chasing supplies and equipment, and funding
5 travel to relevant conferences and seminars to
6 support the work of such centers.
7 ‘‘(G) Building new institutional support
8 structures and departments that help faculty
9 learn about, and increase faculty and student
10 access to, Federal research and development
11 grant funds and non-Federal academic research
12 grants.
13 ‘‘(H) Building data and collaboration in-
14 frastructure so that early findings and research
15 can be securely shared to facilitate peer review
16 and other appropriate collaboration.
17 ‘‘(I) Providing programs of study and
18 courses in fields of research for which research
19 and development infrastructure funds have been
20 awarded under this section.
21 ‘‘(J) Paying operating and administrative
22 expenses for, and coordinating project partner-
23 ships with members of, a consortium described
24 in subsection (c)(2) on behalf of which the eligi-
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1 ble institution has received a grant under this
2 section.
3 ‘‘(K) Installing or extending the life and
4 usability of basic systems and components of
5 campus facilities related to research, including
6 high-speed broadband internet infrastructure
7 sufficient to support digital and technology-
8 based learning.
9 ‘‘(L) Expanding, remodeling, renovating,
10 or altering biomedical and behavioral research
11 facilities existing on the date of the grant
12 award that receive support under section 404I
13 of the Public Health Service Act (42 U.S.C.
14 283k).
15 ‘‘(M) Acquiring and installing furniture,
16 fixtures, and instructional research-related
17 equipment and technology for academic instruc-
18 tion in campus facilities in fields of research for
19 which research and development infrastructure
20 funds have been awarded under this section.
21 ‘‘(N) Providing increased funding to pro-
22 grams that support research and development
23 at the eligible institution that are funded by
24 National Institutes of Health, including the
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1 Path to Excellence and Innovation program
2 with the National Institutes of Health.
3 ‘‘(f) ELIGIBILITY FOR BENEFITS.—No individual
4 shall be determined to be ineligible to receive benefits pro-
5 vided with grant funds awarded under this section (includ-
6 ing direct student financial assistance) on the basis of citi-
7 zenship, alienage, or immigration status.
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 (20 U.S.C.
19 1226a) shall not apply to 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, $2,000,000,000, to remain available until Sep-
24 tember 30, 2028, for carrying out this section.’’.
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1 PART 3—MISCELLANEOUS
2 SEC. 20051. OFFICE OF INSPECTOR GENERAL.
3 In addition to amounts otherwise available, there is
4 appropriated to the Department of Education for fiscal
5 year 2022, out of any money in the Treasury not otherwise
6 appropriated, $35,000,000, to remain available until ex-
7 pended, for the Office of Inspector General of the Depart-
8 ment of Education, for salaries and expenses necessary for
9 oversight, investigations, and audits of programs, grants,
10 and projects funded under this subtitle and sections 22101
11 and 22102 carried out by the Office of Inspector General.
12 SEC. 20052. PROGRAM ADMINISTRATION FUNDS.
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, $738,000,000, to remain available until ex-
17 pended, for necessary administrative expenses associated
18 with carrying out this subtitle and sections 22101 and
19 22102.
20 SEC. 20053. STUDENT AID ADMINISTRATION.
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, $91,000,000, to remain available through
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25 September 30, 2030, for Student Aid Administration with-
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1 in the Department of Education for necessary administra-
2 tive expenses associated with carrying out this subtitle.
3 Subtitle B—Labor Matters
4 SEC. 21001. DEPARTMENT OF LABOR.
5 In addition to amounts otherwise available, out of any
6 money in the Treasury not otherwise appropriated, there
7 are appropriated to the Department of Labor for fiscal
8 year 2022, to remain available until September 30, 2026,
9 the following amounts:
10 (1) $195,000,000 to the Employee Benefits Se-
11 curity Administration for carrying out enforcement
12 activities.
13 (2) $707,000,000 to the Occupational Safety
14 and Health Administration for carrying out enforce-
15 ment, standards development, whistleblower inves-
16 tigations, compliance assistance, funding for State
17 plans, and related activities within the Occupational
18 Safety and Health Administration.
19 (3) $133,000,000 to the Mine Safety and
20 Health Administration for carrying out enforcement,
21 standard setting, technical assistance, and related
22 activities.
23 (4) $405,000,000 to the Wage and Hour Divi-
24 sion for carrying out activities.
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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 relating to claims activity, policy and
4 standards development, and monitoring of State
5 workers’ compensation programs.
6 (6) $201,000,000 to the Office of Federal Con-
7 tract Compliance Programs for carrying out audit,
8 investigation, enforcement, and compliance assist-
9 ance, and other activities.
10 (7) $176,000,000 to the Office of the Solicitor
11 for carrying out necessary legal support for activities
12 carried out by the Office related to and in support
13 of the activities of those Department of Labor agen-
14 cies receiving additional funding in this section.
15 SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
16 In addition to amounts otherwise available, out of any
17 money in the Treasury not otherwise appropriated, there
18 are appropriated to the National Labor Relations Board
19 for fiscal year 2022, $350,000,000, to remain available
20 until September 30, 2026, for carrying out the activities
21 of the Board, of which not more than $5,000,000 shall
22 be for the implementation of systems to conduct electronic
23 voting for union representation elections.
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1 SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMIS-
2 SION.
3 In addition to amounts otherwise available, out of any
4 money in the Treasury not otherwise appropriated, there
5 are appropriated to the Equal Employment Opportunity
6 Commission for fiscal year 2022, $321,000,000, to remain
7 available until September 30, 2026, for carrying out inves-
8 tigation, enforcement, outreach, and related activities.
9 SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
10 (a) OCCUPATIONAL SAFETY AND HEALTH ACT OF
11 1970.—Section 17 of the Occupational Safety and Health
12 Act of 1970 (29 U.S.C. 666) is amended—
13 (1) in subsection (a)—
14 (A) by striking ‘‘$70,000’’ and inserting
15 ‘‘$700,000’’; and
16 (B) by striking ‘‘$5,000’’ and inserting
17 ‘‘$50,000’’;
18 (2) in subsection (b), by striking ‘‘$7,000’’ and
19 inserting ‘‘$70,000’’; and
20 (3) in subsection (d), by striking ‘‘$7,000’’ and
21 inserting ‘‘$70,000’’.
22 (b) FAIR LABOR STANDARDS ACT OF 1938.—Section
23 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
24 216(e)) is amended—
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25 (1) in paragraph (1)(A)—
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1 (A) in clause (i), by striking ‘‘$11,000’’
2 and inserting ‘‘$132,270’’; and
3 (B) in clause (ii), by striking ‘‘$50,000’’
4 and inserting ‘‘$601,150’’; and
5 (2) in paragraph (2)—
6 (A) in the first sentence, by striking
7 ‘‘$1,100’’ and inserting ‘‘$20,740’’; and
8 (B) in the second sentence, by striking
9 ‘‘$1,100’’ and inserting ‘‘$11,620’’.
10 (c) MIGRANT AND SEASONAL AGRICULTURAL WORK-
11 ER PROTECTION ACT.—Section 503(a)(1) of the Migrant
12 and Seasonal Agricultural Worker Protection Act (29
13 U.S.C. 1853(a)(1)) is amended by striking ‘‘$1,000’’ and
14 inserting ‘‘$25,790’’.
15 (d) EFFECTIVE DATE.—The amendments made by
16 this section shall take effect on January 1, 2022.
17 SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIO-
18 LATIONS.
19 (a) CIVIL MONETARY PENALTIES RELATING TO PAR-
20 ITY IN MENTAL HEALTH AND SUBSTANCE USE DIS-
21 ORDERS.—Section 502(c)(10) of the Employee Retirement
22 Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A))
23 is amended—
24 (1) in the heading, by striking ‘‘USE OF GE-
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25 NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
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1 NETIC INFORMATION AND PARITY IN MENTAL
2 HEALTH AND SUBSTANCE USE DISORDER BENE-
3 FITS’’; and
4 (2) in subparagraph (A)—
5 (A) by striking ‘‘any plan sponsor of a
6 group health plan’’ and inserting ‘‘any plan
7 sponsor or plan administrator of a group health
8 plan’’; and
9 (B) by striking ‘‘for any failure’’ and all
10 that follows through ‘‘in connection with the
11 plan.’’ and inserting ‘‘for any failure by such
12 sponsor, administrator, or issuer, in connection
13 with the plan—
14 ‘‘(i) to meet the requirements of sub-
15 section (a)(1)(F), (b)(3), (c), or (d) of sec-
16 tion 702 or section 701 or 702(b)(1) with
17 respect to genetic information; or
18 ‘‘(ii) to meet the requirements of sub-
19 section (a) of section 712 with respect to
20 parity in mental health and substance use
21 disorder benefits.’’.
22 (b) EXCEPTION TO THE GENERAL PROHIBITION ON
23 ENFORCEMENT.—Section 502 of such Act (29 U.S.C.
24 1132) is amended—
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1 (1) in subsection (a)(6), by striking ‘‘or (9)’’
2 and inserting ‘‘(9), or (10)’’; and
3 (2) in subsection (b)(3)—
4 (A) by striking ‘‘subsections (c)(9) and
5 (a)(6)’’ and inserting ‘‘subsections (c)(9),
6 (c)(10), and (a)(6)’’;
7 (B) by striking ‘‘under subsection (c)(9))’’
8 and inserting ‘‘under subsections (c)(9) and
9 (c)(10)), and except with respect to enforce-
10 ment by the Secretary of section 712’’; and
11 (C) by striking ‘‘706(a)(1)’’ and inserting
12 ‘‘733(a)(1)’’.
13 (c) EFFECTIVE DATE.—The amendments made by
14 subsection (a) shall apply with respect to group health
15 plans, or any health insurance issuer offering health insur-
16 ance coverage in connection with such plan, for plan years
17 beginning after the date that is 1 year after the date of
18 enactment of this Act.
19 SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RE-
20 LATIONS ACT.
21 (a) IN GENERAL.—Section 12 of the National Labor
22 Relations Act (29 U.S.C. 162) is amended—
23 (1) by striking ‘‘SEC. 12. Any person’’ and in-
24 serting the following:
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1 ‘‘SEC. 12. PENALTIES.
2 ‘‘(a) VIOLATIONS FOR INTERFERENCE WITH
3 BOARD.—Any person’’; and
4 (2) by adding at the end the following:
5 ‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRAC-
6 TICES.—Any employer who commits an unfair labor prac-
7 tice within the meaning of section 8(a) affecting commerce
8 shall be subject to a civil penalty in an amount not to
9 exceed $50,000 for each such violation, except that, with
10 respect to such an unfair labor practice within the mean-
11 ing of paragraph (3) or (4) of section 8(a) or such a viola-
12 tion of section 8(a) that results in the discharge of an em-
13 ployee or other serious economic harm to an employee, the
14 Board shall double the amount of such penalty, to an
15 amount not to exceed $100,000, in any case where the
16 employer has within the preceding 5 years committed an-
17 other such violation of such paragraph (3) or (4) or such
18 violation of section 8(a) that results in such discharge or
19 other serious economic harm. A civil penalty under this
20 paragraph shall be in addition to any other remedy or-
21 dered by the Board.
22 ‘‘(c) CONSIDERATIONS.—In determining the amount
23 of any civil penalty under this section, the Board shall con-
24 sider—
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25 ‘‘(1) the gravity of the actions of the employer
26 resulting in the penalty, including the impact of such
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1 actions on the charging party or on other persons
2 seeking to exercise rights guaranteed by this Act;
3 ‘‘(2) the size of the employer;
4 ‘‘(3) the history of previous unfair labor prac-
5 tices or other actions by the employer resulting in a
6 penalty; and
7 ‘‘(4) the public interest.
8 ‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the
9 Board determines, based on the particular facts and cir-
10 cumstances presented, that a director or officer’s personal
11 liability is warranted, a civil penalty for a violation de-
12 scribed in this section may also be assessed against any
13 director or officer of the employer who directed or com-
14 mitted the violation, had established a policy that led to
15 such a violation, or had actual or constructive knowledge
16 of and the authority to prevent the violation and failed
17 to prevent the violation.’’.
18 (b) ADDITIONAL PENALTIES.—The National Labor
19 Relations Act (29 U.S.C. 151 et seq.) is amended by in-
20 serting after section 12 (29 U.S.C. 162) the following:
21 ‘‘SEC. 12A. ADDITIONAL PENALTIES.
22 ‘‘(a) CIVIL PENALTIES FOR ADDITIONAL CON-
23 DUCT.—Any employer who violates subsection (d) affect-
24 ing commerce shall be subject to a civil penalty in an
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25 amount not to exceed $50,000 for each such violation, ex-
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1 cept that, with respect to such a violation that results in
2 the discharge of an employee or other serious economic
3 harm to an employee, the Board shall double the amount
4 of such penalty, to an amount not to exceed $100,000,
5 in any case where the employer has within the preceding
6 5 years committed another such violation of subsection (d)
7 that results in such discharge or other serious economic
8 harm.
9 ‘‘(b) CONSIDERATIONS.—In determining the amount
10 of any civil penalty under this section, the Board shall con-
11 sider—
12 ‘‘(1) the gravity of the actions of the employer
13 resulting in the penalty, including the impact of such
14 actions on the charging party or on other persons
15 seeking to exercise rights guaranteed by this Act;
16 ‘‘(2) the size of the employer;
17 ‘‘(3) the history of previous unfair labor prac-
18 tices or other actions by the employer resulting in a
19 penalty; and
20 ‘‘(4) the public interest.
21 ‘‘(c) DIRECTOR AND OFFICER LIABILITY.—If the
22 Board determines, based on the particular facts and cir-
23 cumstances presented, that a director or officer’s personal
24 liability is warranted, a civil penalty for a violation de-
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25 scribed in this section may also be assessed against any
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1 director or officer of the employer who directed or com-
2 mitted the violation, had established a policy that led to
3 such a violation, or had actual or constructive knowledge
4 of and the authority to prevent the violation and failed
5 to prevent the violation.
6 ‘‘(d) PROHIBITION.—It shall be unlawful for an em-
7 ployer—
8 ‘‘(1) to promise, threaten, or take any action—
9 ‘‘(A) to permanently replace an employee
10 who participates in a strike as defined by sec-
11 tion 501(2) of the Labor Management Rela-
12 tions Act, 1947 (29 U.S.C. 142(2));
13 ‘‘(B) to discriminate against an employee
14 who is working or has unconditionally offered to
15 return to work for the employer because the
16 employee supported or participated in such a
17 strike; or
18 ‘‘(C) to lockout, suspend, or otherwise
19 withhold employment from employees in order
20 to influence the position of such employees or
21 the representative of such employees in collec-
22 tive bargaining prior to a strike;
23 ‘‘(2) to communicate or misrepresent to an em-
24 ployee under section 2(3) that such employee is ex-
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1 cluded from the definition of employee under section
2 2(3);
3 ‘‘(3) to require or coerce an employee to attend
4 or participate in such employer’s campaign activities
5 unrelated to the employee’s job duties, including ac-
6 tivities that are subject to the requirements under
7 section 203(b) of the Labor-Management Reporting
8 and Disclosure Act of 1959 (29 U.S.C. 433(b)); or
9 ‘‘(4) to violate subsection (e).
10 ‘‘(e) COLLECTIVE ACTION.—
11 ‘‘(1) IN GENERAL.—No employer shall—
12 ‘‘(A) enter into or attempt to enforce any
13 agreement, express or implied, whereby prior to
14 a dispute to which the agreement applies, an
15 employee undertakes or promises not to pursue,
16 bring, join, litigate, or support any kind of
17 joint, class, or collective claim arising from or
18 relating to the employment of such employee in
19 any forum that, but for such agreement, is of
20 competent jurisdiction;
21 ‘‘(B) coerce an employee into undertaking
22 or promising not to pursue, bring, join, litigate,
23 or support any kind of joint, class, or collective
24 claim arising from or relating to the employ-
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25 ment of such employee; or
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1 ‘‘(C) retaliate or threaten to retaliate
2 against an employee for refusing to undertake
3 or promise not to pursue, bring, join, litigate,
4 or support any kind of joint, class, or collective
5 claim arising from or relating to the employ-
6 ment of such employee.
7 ‘‘(2) EXCEPTION.—This subsection shall not
8 apply to any agreement embodied in or expressly
9 permitted by a contract between an employer and a
10 labor organization.
11 ‘‘(f) ENFORCEMENT.—The provisions of section 10
12 and 11 shall apply to a violation of this section in the
13 same manner as such provisions apply to an unfair labor
14 practice, except that—
15 ‘‘(1) an order under section 10 with respect to
16 a violation of this section—
17 ‘‘(A) shall require only that the person in
18 such violation pay a civil penalty under sub-
19 section (a); and
20 ‘‘(B) shall not include a requirement for a
21 person to cease and desist such violation or any
22 form of affirmative action other than the pay-
23 ment of such penalty;
24 ‘‘(2) a petition under subsection (e) of section
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25 10 with respect to a violation of this section may be
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1 only for enforcement of an order for the payment of
2 a civil penalty under subsection (a);
3 ‘‘(3) a petition under subsection (f) of section
4 10 with respect to a violation of this section may be
5 only for review of an order for the payment of such
6 a civil penalty; and
7 ‘‘(4) a court under section 10 may not grant
8 any form of relief, including temporary relief, a re-
9 straining order, or any other form of injunctive re-
10 lief, for a violation of this section other than a de-
11 cree to enforce, modify, or set aside in whole or in
12 part an order of the Board imposing a civil penalty
13 under subsection (a) for a violation of this section.’’.
14 (c) EFFECTIVE DATE.—The amendments made by
15 this section shall take effect on January 1, 2022.
16 Subtitle C—Workforce
17 Development Matters
18 PART 1—DEPARTMENT OF LABOR
19 SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND
20 TRAINING ACTIVITIES.
21 (a) IN GENERAL.—In addition to amounts otherwise
22 made 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, $16,000,000,000, to
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25 remain available until September 30, 2026, except that no
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1 amounts may be expended after September 30, 2031,
2 which shall be reserved and allotted to States in accord-
3 ance with subsection (b)(2) of section 132 of the Work-
4 force Innovation and Opportunity Act (29 U.S.C. 3172),
5 reserved and allocated to local areas in accordance with
6 subsections (a) and (b)(1)(B) of section 133 of such Act
7 (29 U.S.C. 3173), and reserved by such local areas as fol-
8 lows:
9 (1) Not less than 20 percent shall be reserved
10 for carrying out the career services authorized under
11 subsection (c)(2) of section 134 of the Workforce In-
12 novation and Opportunity Act (29 U.S.C. 3174) and
13 expanding access to the individualized career serv-
14 ices described in section 134(c)(2)(A)(xii) of such
15 Act (29 U.S.C. 3174(c)(2)(A)(xii)).
16 (2) Not less than 20 percent shall be reserved
17 for carrying out the supportive services and pro-
18 viding the needs-related payments authorized under
19 paragraphs (2) and (3) of section 134(d) of the
20 Workforce Innovation and Opportunity Act (29
21 U.S.C. 3174(d)), except that for purposes of the res-
22 ervation under this paragraph the requirements of
23 subparagraphs (B) and (C) of paragraph (3) of such
24 section shall not apply; and
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1 (3) Not less than 50 percent shall be reserved
2 for carrying out the training services—
3 (A) of which, not less than 60 percent
4 shall be made available for individual training
5 accounts authorized under section 134(c)(3) of
6 the Workforce Innovation and Opportunity Act
7 (29 U.S.C. 3174(c)(3)).
8 (B) except that for purposes of providing
9 transitional jobs as part of those services under
10 this section, section 134(d)(5) of such Act (29
11 U.S.C. 3174(d)(5)) shall be applied by sub-
12 stituting ‘‘40 percent’’ for ‘‘10 percent’’.
13 (b) 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 provide employment and training
17 activities for dislocated workers, including funds provided
18 under the Workforce Innovation and Opportunity Act (29
19 U.S.C. 3101 et seq.).
20 SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING
21 ACTIVITIES.
22 (a) IN GENERAL.—In addition to amounts otherwise
23 made 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, $15,000,000,000, to
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1 remain available until September 30, 2026, except that no
2 amounts may be expended after September 30, 2031,
3 which shall be reserved and allotted to States in accord-
4 ance with subsection (b)(1) of section 132 of the Work-
5 force Innovation and Opportunity Act (29 U.S.C. 3172),
6 reserved and allocated to local areas in accordance with
7 subsections (a) and (b)(1)(A) of section 133 of such Act
8 (29 U.S.C. 3173), and reserved by such local areas as fol-
9 lows:
10 (1) Not less than 20 percent shall be reserved
11 for carrying out the career services authorized under
12 subsection (c)(2) of section 134 of the Workforce In-
13 novation and Opportunity Act (29 U.S.C. 3174) and
14 expanding access to the individualized career serv-
15 ices described in section 134(c)(2)(A)(xii) of such
16 Act (29 U.S.C. 3174(c)(2)(A)(xii)).
17 (2) Not less than 10 percent shall be reserved
18 for carrying out the supportive services and pro-
19 viding the needs-related payments authorized under
20 paragraphs (2) and (3) of section 134(d) of the
21 Workforce Innovation and Opportunity Act (29
22 U.S.C. 3174(d)).
23 (3) Not less than 50 percent shall be reserved
24 for carrying out the training services—
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1 (A) of which, not less than 60 percent
2 shall be made available for individual training
3 accounts or contracts authorized under of sec-
4 tion 134(c)(3) of the Workforce Innovation and
5 Opportunity Act (29 U.S.C. 3174(c)(3)); and
6 (B) except that for purposes of providing
7 incumbent worker training as part of those
8 services under this section, if such training is
9 provided to low-wage workers, section
10 134(d)(4)(A)(i) of the Workforce Innovation
11 and Opportunity Act (29 U.S.C.
12 3174(d)(4)(A)(i)) shall be applied by sub-
13 stituting ‘‘40 percent’’ for ‘‘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 (29 U.S.C.
20 3101 et seq.).
21 SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
22 (a) IN GENERAL.—In addition to amounts otherwise
23 made 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, $9,054,000,000, to
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1 remain available until September 30, 2026, except that no
2 amounts may be expended after September 30, 2031,
3 which shall be reserved and allotted to States in accord-
4 ance with subparagraphs (B) and (C) of section 127(b)(1)
5 of the Workforce Innovation and Opportunity Act (29
6 U.S.C. 3162(b)(1)), reserved and allocated to local areas
7 in accordance with subsections (a) and (b) of section 128
8 of such Act (29 U.S.C. 3163), and reserved by such local
9 areas as follows:
10 (1) 25 percent shall be reserved for carrying
11 out the youth workforce investment activities author-
12 ized under section 129 of the Workforce Innovation
13 and Opportunity Act (29 U.S.C. 3164 et seq.).
14 (2) 75 percent shall be reserved to provide op-
15 portunities for in-school youth and out-of-school
16 youth to participate in paid work experiences de-
17 scribed in subsection (c)(2)(C) of section 129 of the
18 Workforce Innovation and Opportunity Act (29
19 U.S.C. 3164).
20 (b) PARTNERSHIPS.—Not less than 20 percent of
21 amounts made available under subsection (a) shall be used
22 by local areas to partner with community-based organiza-
23 tions serving out-of-school youth to carry out activities de-
24 scribed in paragraphs (1) and (2) of subsection (a), in-
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25 cluding those residing in high-crime or high-poverty areas.
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1 (c) 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 for youth workforce investment ac-
5 tivities, including funds provided under the Workforce In-
6 novation and Opportunity Act (29 U.S.C. 3101 et seq.).
7 SEC. 22004. EMPLOYMENT SERVICE.
8 In addition to amounts otherwise made available,
9 there is appropriated to the Department of Labor for fis-
10 cal year 2022, out of any money in the Treasury not other-
11 wise appropriated, the following amounts, to remain avail-
12 able until September 30, 2026, except that no amounts
13 may be expended after September 30, 2031
14 (1) $1,250,000,000 for carrying out the State
15 grant activities authorized under section 7 of the
16 Wagner-Peyser Act (29 U.S.C. 49f), which shall be
17 allotted in accordance with section 6 of such Act (29
18 U.S.C. 49e), except that, for purposes of this sec-
19 tion, funds shall also be provided to the Common-
20 wealth of the Northern Mariana Islands and Amer-
21 ican Samoa in amounts the Secretary determines ap-
22 propriate prior to the allotments being made in ac-
23 cordance with section 6 of such Act (29 U.S.C. 49d).
24 (2) $100,000,000 for carrying out improve-
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25 ments to the workforce and labor market informa-
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1 tion systems authorized under section 15 of the
2 Wagner-Peyser Act (29 U.S.C. 49l-2).
3 SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
4 In addition to amounts otherwise made available,
5 there is appropriated to the Department of Labor for fis-
6 cal year 2022, out of any money in the Treasury not other-
7 wise appropriated, $3,600,000,000, to remain available
8 until September 30, 2026, except that no amounts may
9 be expended after September 30, 2031, for carrying out
10 ex-offender activities, under the authority of section 169
11 of the Workforce Innovation and Opportunity Act (29
12 U.S.C. 3224). Not less than 25 percent of such funds shall
13 be for competitive grants to national and regional inter-
14 mediaries for activities that prepare for employment of
15 young adults with criminal records, young adults who have
16 been justice system-involved, or young adults who have
17 dropped out of school or other educational programs, with
18 a priority for projects serving high-crime, high-poverty
19 areas.
20 SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH AP-
21 PRENTICESHIPS, AND PRE-APPRENTICE-
22 SHIPS.
23 (a) IN GENERAL.—In addition to amounts otherwise
24 made available, there is appropriated to the Department
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25 of Labor for fiscal year 2022, out of any amounts in the
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1 Treasury not otherwise appropriated, $5,000,000,000, to
2 remain available until September 30, 2026, except that no
3 amounts may be expended after September 30, 2031, to
4 carry out activities through grants, cooperative agree-
5 ments, contracts or other arrangements, with States and
6 other appropriate entities, including equity intermediaries
7 and business and labor industry partner intermediaries,
8 to create or expand only—
9 (1) apprenticeship programs registered under
10 the Act of August 16, 1937 (commonly known as
11 the ‘‘National Apprenticeship Act’’; 50 Stat. 664,
12 chapter 663; 29 U.S.C. 50 et seq.); and
13 (2) youth apprenticeship programs and pre-ap-
14 prenticeship programs that articulate to apprentice-
15 ship programs described in paragraph (1).
16 (b) RESERVATION.—Not less than 50 percent of the
17 funds made available under section (a) shall be reserved
18 for—
19 (1) entities serving a high number or high per-
20 centage of individuals with barriers to employment
21 (as defined in section 3 of the Workforce Innovation
22 and Opportunity Act (29 U.S.C. 3102)), including
23 individuals with disabilities, or nontraditional ap-
24 prenticeship populations; or
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1 (2) youth apprenticeships or pre-apprentice-
2 ships that articulate to such registered apprentice-
3 ships programs.
4 SEC. 22007. COMMUNITY COLLEGE AND INDUSTRY PART-
5 NERSHIP GRANTS.
6 (a) DEFINITIONS.—In this section—
7 (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
8 ble institution’’ means an institution of higher edu-
9 cation (as defined in section 101 or 102(c) of the
10 Higher Education Act of 1965 (20 U.S.C. 1001,
11 1002(c)), including a Tribal College or University
12 (as defined in section 316 of such Act (20 U.S.C.
13 1059c)), or a consortium of such institutions—
14 (A) at which the highest degree awarded is
15 an associate degree; or an associate degree is
16 the predominant degree awarded; and
17 (B) that is working directly with an indus-
18 try or sector partnership, or in the process of
19 establishing such partnership, to carry out a
20 grant under this section.
21 (2) PERKINS CTE DEFINITIONS.—The terms
22 ‘‘career and technical education’’, ‘‘career guidance
23 and academic counseling’’ , ‘‘dual or concurrent en-
24 rollment program’’, ‘‘evidence-based’’ and ‘‘work-
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25 based learning’’ have the meanings given the terms
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1 in section 3 of the Carl D. Perkins Career and Tech-
2 nical Education Act of 2006 (20 U.S.C. 2302).
3 (3) REGISTERED APPRENTICESHIP PROGRAM.—
4 The term ‘‘registered apprenticeship program’’
5 means an apprenticeship registered under the Act of
6 August 16, 1937 (commonly known as the ‘‘National
7 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29
8 U.S.C. 50 et seq.).
9 (4) SECRETARY.—The term ‘‘Secretary’’ means
10 the Secretary of Labor.
11 (5) WIOA DEFINITIONS.—
12 (A) IN GENERAL.—The terms ‘‘career
13 pathway’’, ‘‘in-demand industry sector or occu-
14 pation’’, ‘‘individual with a barrier to employ-
15 ment’’, ‘‘industry or sector partnership’’, ‘‘inte-
16 grated education and training’’, ‘‘recognized
17 postsecondary credential’’ and ‘‘supportive serv-
18 ices’’ have the meanings given the terms in sec-
19 tion 3 of the Workforce Innovation and Oppor-
20 tunity Act (29 U.S.C. 3102).
21 (B) CAREER SERVICES.—The term ‘‘career
22 services’’ means services described in section
23 134(c)(2) of the Workforce Innovation and Op-
24 portunity Act (29 U.S.C. 3174(c)(2)).
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1 (b) IN GENERAL.—In addition to amounts otherwise
2 made available, there is appropriated to the Department
3 of Labor for fiscal year 2022, out of any money in the
4 Treasury not otherwise appropriated, $2,000,000,000, to
5 remain available until September 30, 2026, except that no
6 amounts may be expended after September 30, 2031, to
7 carry out this section.
8 (c) GRANTS.—From funds appropriated under sub-
9 section (b) and not reserved under subsection (e), and
10 under the authority of section 169(b)(5) of the Workforce
11 Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)),
12 the Secretary shall award grants on a competitive basis
13 to eligible institutions for the purposes of expanding work-
14 force development and employment opportunities in high-
15 skill, high-wage, or in-demand industry sectors or occupa-
16 tions. To receive such a grant, an eligible institution shall
17 submit to the Secretary an application at such time, in
18 such manner, and containing such information as specified
19 by the Secretary, including a description of the related
20 programs, recognized postsecondary credentials, and em-
21 ployment opportunities.
22 (d) USE OF GRANT FUNDS.—
23 (1) IN GENERAL.—An eligible institution
24 awarded a grant under this section shall use such
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25 grant funds to expand opportunities for attainment
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1 of recognized postsecondary credentials that are na-
2 tionally portable and stackable for high-skill, high-
3 wage, or in-demand industry sectors or occupations
4 by—
5 (A) establishing, improving, or scaling
6 high-quality, evidence-based education and
7 training programs, such as career and technical
8 education programs, career pathway programs,
9 and work-based learning programs (including
10 programs of registered apprenticeships or pre-
11 apprenticeships that articulate to registered ap-
12 prenticeships);
13 (B) creating, developing, or expanding ar-
14 ticulation agreements (as defined in section
15 486A(a) of the Higher Education Act of 1965
16 (20 U.S.C. 1093a(a))), credit transfer agree-
17 ments, corequisite remediation programs, dual
18 or concurrent enrollment programs, or policies
19 and processes to award academic credit for
20 prior learning or career training programs sup-
21 ported by the funds described in subsection (c);
22 (C) making available open, searchable, and
23 comparable information on curriculum or recog-
24 nized postsecondary credentials, including those
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25 created or developed using such funds, and in-
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1 formation on the related skills or competencies,
2 and related employment and earnings outcomes;
3 (D) establishing or implementing plans for
4 providers of programs supported with such
5 funds to be included on the eligible training
6 services provider list described in section 122(d)
7 of the Workforce Innovation and Opportunity
8 Act (29 U.S.C. 3152(d));
9 (E) purchasing, leasing, or refurbishing
10 specialized equipment necessary to carry out
11 the education or career training programs sup-
12 ported by such funds;
13 (F) reducing or eliminating out-of-pocket
14 expenses related to participants’ cost of attend-
15 ance in the education or career training activi-
16 ties supported by such funds; or
17 (G) establishing or expanding industry or
18 sector partnerships to successfully carry out the
19 activities described in subparagraphs (A)
20 through (F).
21 (2) RESERVATION.—An eligible institution
22 awarded a grant under this section shall use not less
23 than 15 percent of such grant funds to provide serv-
24 ices to help individuals with barriers to employment
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25 complete and successfully transition out of education
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1 or career training programs supported by such
2 funds, which shall include providing supportive serv-
3 ices, career services, career guidance and academic
4 counseling, or job placement assistance.
5 (e) RESERVATIONS.—From the amounts made avail-
6 able under subsection (b), the Secretary shall reserve not
7 more than 5 percent for—
8 (1) targeted outreach to eligible institutions
9 serving a high number or high percentage of low-in-
10 come individuals or individuals with barriers to em-
11 ployment, and rural-serving eligible institutions, to
12 provide guidance and assistance in the grant appli-
13 cation process under this section;
14 (2) administration of the program described in
15 this section, including providing technical assistance
16 and oversight to support eligible institutions (includ-
17 ing consortia of eligible institutions); and
18 (3) evaluating and reporting on the perform-
19 ance and impact of programs funded under this sec-
20 tion.
21 (f) SUPPLEMENT NOT SUPPLANT.—Amounts avail-
22 able to carry out this section shall be used to supplement
23 and not supplant other Federal, State, and local public
24 funds expended to support community college education
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25 or career training programs.
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1 SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
2 (a) IN GENERAL.—In addition to amounts otherwise
3 made available, there is appropriated to the Department
4 of Labor for fiscal year 2022, out of any money in the
5 Treasury not otherwise appropriated, $10,000,000,000, to
6 remain available until September 30, 2026, except that no
7 amounts may be expended after September 30, 2031, to
8 carry out this section.
9 (b) GRANTS.—From amounts appropriated under
10 subsection (a) and not reserved under subsection (d), and
11 under the authority of section 169(b)(5) of the Workforce
12 Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)),
13 the Secretary shall award grants on a competitive basis
14 to eligible partnerships for the purposes of expanding
15 workforce development and employment opportunities for
16 high-skill, high-wage, or in-demand industry sectors or oc-
17 cupations, including information technology, clean energy,
18 arts and entertainment, infrastructure and transportation,
19 advanced manufacturing, health care, public health, home
20 care, and early childhood care and education. To receive
21 such a grant, an eligible partnership shall submit to the
22 Secretary an application at such time, in such manner,
23 and containing such information as specified by the Sec-
24 retary.
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25 (c) USES OF FUNDS.—An eligible partnership award-
26 ed such a grant under this section shall use—
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1 (1) such grant funds to engage and regularly
2 convene stakeholders in a collaborative structure to
3 identify, develop, improve, or expand training, em-
4 ployment, and growth opportunities for the high-
5 skill, high-wage, or in-demand industry sector or oc-
6 cupation on which such partnership is focused;
7 (2) not less than 50 percent of such grant
8 funds to directly provide, or arrange for the provi-
9 sion of, high-quality, evidence-based training for the
10 high-skill, high-wage, or in-demand industry sector
11 or occupation on which such partnership is focused,
12 which shall include—
13 (A) training services described in any
14 clause of subparagraph (D) of section 134(c)(3)
15 of the Workforce Innovation and Opportunity
16 Act (29 U.S.C. 3174(c)(3))) provided through
17 contracts that meet the requirements of that
18 section 134(c)(3); or
19 (B) training provided through registered
20 apprenticeship programs, youth apprenticeship,
21 or pre-apprenticeship programs that articulate
22 to registered apprenticeship programs, or
23 through joint labor-management partnerships;
24 and
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1 (C) establishing or implementing plans for
2 providers of programs supported with such
3 funds to be included on the eligible training
4 services provider list described in section 122(d)
5 of the Workforce Innovation and Opportunity
6 Act (29 U.S.C. 3152(d)).
7 (3) not less than 15 percent of such grant
8 funds to directly provide, or arrange for the provi-
9 sion of, services to help individuals with barriers to
10 employment complete and successfully transition out
11 of training described in paragraph (2), which serv-
12 ices shall include career services, supportive services,
13 or the provision of needs-related payments author-
14 ized under subsections (c)(2), (d)(2), and (d)(3) of
15 section 134 of the Workforce Innovation and Oppor-
16 tunity Act (29 U.S.C. 3174).
17 (d) RESERVATIONS.—
18 (1) IN GENERAL.—From the amounts made
19 available under subsection (a), the Secretary shall
20 reserve not more than 5 percent for—
21 (A) targeted outreach and support to eligi-
22 ble partnerships serving local areas with high
23 unemployment rates or high percentages of in-
24 dividuals with low incomes or individuals with
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25 barriers to employment, to provide guidance
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1 and assistance in the grant application process
2 under this section;
3 (B) administration of the program de-
4 scribed in this section, including providing com-
5 prehensive technical assistance and oversight to
6 support eligible partnerships; and
7 (C) evaluating and reporting on the per-
8 formance and impact of programs funded under
9 this section.
10 (2) STATE BOARD OR LOCAL BOARD FUNDS.—
11 From amounts made available under subsection (a),
12 the Secretary shall reserve not less than 5 percent
13 to provide direct assistance to State boards or local
14 boards to support the creation or expansion of in-
15 dustry or sector partnerships in local areas with
16 high unemployment rates or high percentages of in-
17 dividuals with low incomes or individuals with bar-
18 riers to employment, as compared to State or na-
19 tional averages for such rates or percentages.
20 (e) SUPPLEMENT NOT SUPPLANT.—Amounts made
21 available to carry out this section shall be used to supple-
22 ment and not supplant other Federal, State, and local
23 public funds expended to support activities described in
24 this section.
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25 (f) DEFINITIONS.—In this section:
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1 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
2 ble partnership’’ means—
3 (A) an industry or sector partnership,
4 which shall include multiple representatives de-
5 scribed in each of clauses (i) through (iii) of
6 paragraph (26)(A) of section 3 of the Work-
7 force Innovation and Opportunity Act (29
8 U.S.C. 3102); or
9 (B) a partnership of multiple entities de-
10 scribed in section 3(26) of such Act (29 U.S.C.
11 3102(26)), and a State board or local board,
12 that is in the process of establishing an indus-
13 try or sector partnership.
14 (2) PERKINS CTE DEFINITIONS.—The terms
15 ‘‘career guidance and academic counseling’’ and
16 ‘‘evidence-based’’ have the meanings given the terms
17 in section 3 of the Carl D. Perkins Career and Tech-
18 nical Education Act of 2006 (20 U.S.C. 2302).
19 (3) REGISTERED APPRENTICESHIP PROGRAM.—
20 The term ‘‘registered apprenticeship program’’
21 means an apprenticeship registered under the Act of
22 August 16, 1937 (commonly known as the ‘‘National
23 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29
24 U.S.C. 50 et seq.).
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Labor.
3 (5) WIOA DEFINITIONS.—The terms ‘‘career
4 pathway’’, ‘‘in-demand industry sector or occupa-
5 tion’’, ‘‘individual with a barrier to employment’’,
6 ‘‘industry or sector partnership’’, ‘‘local area’’, ‘‘local
7 board’’, and ‘‘State board’’ have the meanings given
8 the terms in section 3 of the Workforce Innovation
9 and Opportunity Act (29 U.S.C. 3102).
10 SEC. 22009. JOB CORPS.
11 In addition to amounts otherwise made available,
12 there is appropriated to the Department of Labor for fis-
13 cal year 2022, out of any amounts in the Treasury not
14 otherwise appropriated, $1,500,000,000, to remain avail-
15 able until September 30, 2026, except that no amounts
16 may be expended after September 30, 2031, for the Job
17 Corps program authorized under section 143 of the Work-
18 force Innovation and Opportunity Act (29 U.S.C. 3193),
19 including improving and expanding access to allowances
20 and supports described in section 150 of such Act (29
21 U.S.C. 3200), except that for the purposes of this section,
22 outlying areas as defined in section 3 of such Act (29
23 U.S.C. 3102) shall be considered eligible to receive funds
24 under this section. Of such funds, no less than
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1 $750,000,000 shall be reserved for construction, rehabili-
2 tation and acquisition of Job Corps Centers.
3 SEC. 22010. NATIVE AMERICAN PROGRAMS.
4 In addition to amounts otherwise made available,
5 there is appropriated to the Department of Labor for fis-
6 cal year 2022, out of any amounts in the Treasury not
7 otherwise appropriated, $450,000,000, to remain available
8 until September 30, 2026, except that no amounts may
9 be expended after September 30, 2031, for the Native
10 American programs authorized under the Workforce Inno-
11 vation and Opportunity Act.
12 SEC. 22011. MIGRANT AND SEASONAL FARMWORKER PRO-
13 GRAMS.
14 In addition to amounts otherwise made available,
15 there is appropriated to the Department of Labor for fis-
16 cal year 2022, out of any amounts in the Treasury not
17 otherwise appropriated, $450,000,000, to remain available
18 until September 30, 2026, except that no amounts may
19 be expended after September 30, 2031, for the migrant
20 and seasonal farmworker programs authorized under
21 Workforce Innovation and Opportunity Act, except that,
22 for purposes of providing services under those programs
23 to low-income individuals under this section, section
24 3(36)(A)(ii)(I) of such Act (29 U.S.C. 3102(36)(A)(ii)(I))
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1 shall be applied by substituting ‘‘150 percent of the pov-
2 erty line’’ for ‘‘the poverty line’’.
3 SEC. 22012. YOUTHBUILD PROGRAM.
4 In addition to amounts otherwise made available,
5 there is appropriated to the Department of Labor for fis-
6 cal year 2022, out of any amounts in the Treasury not
7 otherwise appropriated, $500,000,000, to remain available
8 until September 30, 2026, except that no amounts may
9 be expended after September 30, 2031, for the YouthBuild
10 program authorized under the Workforce Innovation and
11 Opportunity Act (29 U.S.C. 3226), including for the pur-
12 poses of improving and expanding access to services, sti-
13 pends, wages, and benefits described in subsections
14 (c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act.
15 SEC. 22013. SENIOR COMMUNITY SERVICE EMPLOYMENT
16 PROGRAM.
17 In addition to amounts otherwise made available,
18 there is appropriated to the Department of Labor for fis-
19 cal year 2022, out of any amounts in the Treasury not
20 otherwise appropriated, $100,000,000, to remain available
21 until September 30, 2026, except that no amounts may
22 be expended after September 30, 2031, for the Senior
23 Community Service Employment program authorized
24 under title V of the Older Americans Act (42 U.S.C. 3056
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25 et seq.).
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1 SEC. 22014. PROGRAM ADMINISTRATION.
2 In addition to amounts otherwise made available,
3 there is appropriated to the Department of Labor for fis-
4 cal year 2022, out of any money in the Treasury not other-
5 wise appropriated, $720,000,000, to remain available until
6 September 30, 2028, except that no amounts may be ex-
7 pended after September 30, 2031, for program adminis-
8 tration within the Department of Labor for salaries and
9 expenses necessary to implement this part, parts 3 and
10 4, and section 22402 of part 5 of this subtitle, including
11 for management, legal, or other support necessary to im-
12 plement such parts or section.
13 PART 2—DEPARTMENT OF EDUCATION
14 SEC. 22101. ADULT EDUCATION AND LITERACY.
15 (a) IN GENERAL.—In addition to amounts otherwise
16 made available, there is appropriated to the Department
17 of Education for fiscal year 2022, out of any money in
18 the Treasury not otherwise appropriated, $3,600,000,000,
19 to remain available until September 30, 2028, to carry out
20 title II of the Workforce Innovation and Opportunity Act
21 (29 U.S.C. 3101 et seq.), which shall be reserved, and
22 granted and allotted to eligible agencies in accordance with
23 subsections (a), (b), and (c) of section 211 of such Act,
24 respectively.
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25 (b) REQUIREMENT.—With respect to each eligible
26 agency that receives funds appropriated by this section,
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1 for each fiscal year for which such eligible agency receives
2 such funds, section 222(a)(1) of the Workforce Innovation
3 and Opportunity Act (29 U.S.C. 3302(a)(1)) the shall be
4 applied by substituting ‘‘not less than 10 percent’’ for
5 ‘‘not more than 20 percent’’.
6 SEC. 22102. CAREER AND TECHNICAL EDUCATION.
7 (a) IN GENERAL.—In addition to amounts otherwise
8 made 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, the following
11 amounts, to remain available until September 30, 2028:
12 (1) $3,000,000,000 for carrying out career and
13 technical education programs authorized under sec-
14 tion 124 and section 135 of the Carl D. Perkins Ca-
15 reer and Technical Education Act of 2006 (20
16 U.S.C. 2301 et seq.), which shall be allotted in ac-
17 cordance with section 111 and section 112 of such
18 Act (20 U.S.C. 2321, 2322), except that subsection
19 (b) of section 112 of such Act (20 U.S.C. 2322)
20 shall not apply.
21 (2) $1,000,000,000 for carrying out the innova-
22 tion and modernization program described in sub-
23 section(e) of section 114 of the Carl D. Perkins Ca-
24 reer and Technical Education Act of 2006 (20
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1 U.S.C. 2324(e)), except that for purposes of this
2 paragraph—
3 (A) the 20 percent limitation in paragraph
4 (1) of such subsection, and paragraph (2) of
5 such subsection, shall not apply; and
6 (B) eligible agencies (as defined in section
7 3 of such Act) shall be eligible to receive grants
8 under section 114(e) of such Act.
9 (b) SUPPLEMENT NOT SUPPLANT.—Amounts made
10 available to carry out this section shall be used to supple-
11 ment and not supplant other Federal, State, and local
12 public funds expended for career and technical education
13 programs, including the funds provided under the Carl D.
14 Perkins Career and Technical Education Act of 2006 (20
15 U.S.C. 2301 et seq.).
16 PART 3—COMPETITIVE INTEGRATED EMPLOY-
17 MENT TRANSFORMATION GRANT PROGRAM
18 SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT
19 TRANSFORMATION GRANT PROGRAM.
20 (a) IN GENERAL.—In addition to amounts otherwise
21 made available, there is appropriated to the Department
22 of Labor, $300,000,000 for fiscal year 2022, out of any
23 money in the Treasury not otherwise appropriated, to re-
24 main available until expended, for the Secretary of Labor
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25 (referred to in this section as the ‘‘Secretary’’) to award
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1 grants to States in accordance with this section to assist
2 employers in such States who were issued special certifi-
3 cates under section 14(c) of the Fair Labor Standards Act
4 of 1938 (29 U.S.C. 214(c)) in transforming (or continuing
5 to transform) their business and program models from
6 providing employment using special certificates to busi-
7 ness and program models that employ and support people
8 with disabilities in competitive integrated employment and
9 to cover any administrative costs associated with such
10 grants.
11 (b) RESERVATIONS AND ALLOTMENTS; DURATION OF
12 AWARDS.—
13 (1) RESERVATIONS.—
14 (A) ALLOTMENTS TO NON-COVERED
15 STATES.—
16 (i) IN GENERAL.—The Secretary shall
17 reserve 10 percent of the amount appro-
18 priated by subsection (a) to award grants,
19 in accordance to clause (ii), to States de-
20 scribed in subsection (c)(3) that submit an
21 application under subsection (c) meeting
22 the applicable requirements of such sub-
23 section.
24 (ii) ALLOTMENT AMOUNT.—The Sec-
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25 retary shall allot grants to each State
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1 under clause (i) a grant in an amount that
2 bears the same relationship to the total
3 amount reserved under clause (i) as the
4 population of the State bears to the total
5 population of all States described in such
6 clause.
7 (B) NATIONAL TECHNICAL ASSISTANCE
8 CENTER.—The Secretary shall use 2 percent of
9 the amounts appropriated in subsection (a) to
10 establish, either directly or through grants, con-
11 tracts, or cooperative agreements, a national
12 technical assistance center to provide technical
13 assistance to employers who are transforming
14 from employing people with disabilities using
15 special certificates to providing competitive inte-
16 grated employment and to collect and dissemi-
17 nate evidence-based practices with respect to
18 the transformations and in providing competi-
19 tive integrated employment and integrated serv-
20 ices.
21 (2) ALLOTMENTS TO COVERED STATES.—
22 (A) 15 OR MORE COVERED STATES.—
23 (i) IN GENERAL.—In the case that, as
24 of a date determined appropriate by the
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25 Secretary, there are 15 or more covered
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1 States the Secretary shall allot to each cov-
2 ered State a grant in an amount equal to
3 the sum of the allotted to such State under
4 clauses (ii) and (iii).
5 (ii) ALLOTMENT BASED ON NUMBER
6 OF EMPLOYEES UNDER SPECIAL CERTIFI-
7 CATES.—From the total amount that is 70
8 percent of the funds appropriated under
9 subsection (a) and not reserved under
10 paragraph (1), the Secretary shall allot to
11 each covered State an amount that bears
12 the same relationship to such total amount
13 as the number of people with disabilities
14 who are employed under a special certifi-
15 cate in the covered State bears to the total
16 number of people with disabilities who are
17 employed under a special certificate in all
18 covered States.
19 (iii) ALLOTMENT BASED ON EMPLOY-
20 ERS WITH SPECIAL CERTIFICATES.—From
21 the total amount that is 30 percent of the
22 funds appropriated under subsection (a)
23 and not reserved under paragraph (1), the
24 Secretary shall allot to each covered State
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25 an amount that bears the same relation-
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1 ship to such total amount as the number
2 of employers in the covered State who have
3 in effect a special certificate bears to the
4 total number of employers in all covered
5 States who have in effect such a certifi-
6 cate.
7 (B) 14 OR FEWER COVERED STATES.—In
8 the case that, as of the date determined appro-
9 priate by the Secretary under subparagraph
10 (A), there are fewer than 15 covered States, the
11 Secretary shall award grants to each covered
12 State on a competitive basis in an amount that
13 the Secretary determines necessary to accom-
14 plish the purpose of the grant described in sub-
15 section (a).
16 (C) COVERED STATE.—In this subsection,
17 the term ‘‘covered State’’ means a State that—
18 (i) is not described in subsection
19 (c)(3); and
20 (ii) submits an application under sub-
21 section (c) that meets the applicable re-
22 quirements under such subsection.
23 (3) DURATION OF AWARDS.—A grant under
24 this section shall be awarded for a period of 5 years.
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1 (4) CUTOFF.—The Secretary may not issue a
2 grant under this subsection after September 30,
3 2025.
4 (c) APPLICATIONS.—
5 (1) IN GENERAL.—To be eligible to receive a
6 grant under this section, a State shall submit an ap-
7 plication to the Secretary at such time, in such man-
8 ner, and including such information as the Secretary
9 may reasonably require.
10 (2) CONTENTS.—In the case of a State not de-
11 scribed in paragraph (3), an application submitted
12 under paragraph (1) shall include—
13 (A) a description of the status of the em-
14 ployers in the State providing employment
15 using special certificates, which may include—
16 (i) the number of employers in the
17 State using special certificates to employ
18 and pay people with disabilities;
19 (ii) the number of employees in the
20 State employed under a special certificate;
21 (iii) the average number of hours such
22 employees work per week; and
23 (iv) the average hourly wage for such
24 employees;
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1 (B) a description of activities to be funded
2 under the grant, and the goals of such activi-
3 ties, including the activities of the State with
4 respect to competitive integrated employment
5 for people with disabilities; and
6 (C) assurances that—
7 (i) the activities carried out under the
8 grant will, by not later than the end of the
9 5-year grant period, result in—
10 (I) each employer in the State
11 voluntarily ceasing to use special cer-
12 tificates by the end of the 5-year
13 grant period and no longer applying
14 for or renewing such certificates; or
15 (II) in the case of an employer in
16 the State that, as of the date of enact-
17 ment of this Act, provides employment
18 using special certificates, the em-
19 ployer—
20 (aa) transforms its business
21 and program models as described
22 in subsection (d)(1)(A); or
23 (bb) ceases providing spe-
24 cialized employment services for
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25 people with disabilities; and
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1 (ii) each individual in the State who is
2 employed under a special certificate on or
3 after the date of enactment will be em-
4 ployed in competitive integrated employ-
5 ment or a combination of competitive inte-
6 grated employment and integrated services,
7 including by compensating all employees of
8 the employer for all hours worked at a rate
9 that is—
10 (I) not less than the higher of
11 the rate specified in section 6(a)(1) of
12 the Fair Labor Standards Act of
13 1938 (29 U.S.C. 206(a)(1)) or the
14 rate specified in the applicable State
15 or local minimum wage law, or the ap-
16 plicable prevailing wage rate under
17 the McNamara-O’Hara Service Con-
18 tract Act (41 U.S.C. 6701 et seq.);
19 and
20 (II) not less than the rate paid
21 by the employer for the same or simi-
22 lar work performed by other employ-
23 ees who are not people with disabil-
24 ities, and who are similarly situated in
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25 similar occupations by the same em-
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1 ployer and who have similar training,
2 experience, and skills; and
3 (iii) the State will establish an advi-
4 sory council described in subsection (e) to
5 monitor and guide the process of trans-
6 forming business and program models of
7 employers in the State as described in sub-
8 section (d)(1)(A).
9 (3) APPLICATIONS FOR STATES RECEIVING
10 AMOUNT FROM RESERVATION.—In the case of a
11 State that, as of the date of enactment of this Act,
12 is determined by the Secretary to have phased out
13 or to be in the process of phasing out the use of spe-
14 cial certificates in the State, an application under
15 this subsection from such State shall include only
16 the information described in paragraph (2)(B).
17 (d) USE OF FUNDS.—
18 (1) IN GENERAL.—In the case of a State not
19 described in paragraph (2), such State shall use the
20 grant funds for each of the following activities:
21 (A) Identifying each employer in the State
22 that will transform its business and program
23 models from employing people with disabilities
24 using special certificates to employing people
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25 with disabilities in competitive integrated em-
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1 ployment settings, or a setting involving a com-
2 bination of competitive integrated employment
3 and integrated services.
4 (B) Implementing a service delivery infra-
5 structure to support people with disabilities who
6 have been employed under special certificates
7 through such a transformation, including pro-
8 viding enhanced integrated services to support
9 people with the most significant disabilities.
10 (C) Expanding competitive integrated em-
11 ployment and integrated services to be provided
12 to such people as a result of transformations
13 described in subparagraph (A).
14 (2) STATES RECEIVING AMOUNT FROM RES-
15 ERVATION.—A State that, as of the date of enact-
16 ment of this Act, is determined by the Secretary to
17 have phased out or to be in the process of phasing
18 out the use of special certificates in the State, shall
19 use the grant funds for expansion of competitive in-
20 tegrated employment and integrated services to be
21 provided to people with disabilities.
22 (e) MEMBERS OF THE ADVISORY COUNCIL.—A State
23 receiving a grant under this section shall, for the purpose
24 described in subsection (c)(2)(C)(iii), establish an advisory
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25 council composed of the following:
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1 (1) People with disabilities, including people
2 with intellectual or developmental disabilities and
3 people with mental health disabilities, who are or
4 were employed under a special certificate, who shall
5 comprise not less than 25 percent of the members
6 of such advisory council.
7 (2) Family members of a person with an intel-
8 lectual, developmental, or mental health disability
9 who is or was employed under a special certificate
10 or is employed in competitive integrated employ-
11 ment.
12 (3) An employer providing competitive inte-
13 grated employment.
14 (4) An employer providing employment under
15 special certificates.
16 (5) Representatives of relevant State agencies
17 with expertise in competitive integrated employment,
18 disability organizations with such expertise, and dis-
19 ability related offices and groups with such exper-
20 tise.
21 SEC. 22202. DEFINITIONS.
22 In this part:
23 (1) COMPETITIVE INTEGRATED EMPLOY-
24 MENT.—The term ‘‘competitive integrated employ-
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25 ment’’ has the meaning given such term in section
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1 7(5) of the Rehabilitation Act of 1973 (29 U.S.C.
2 705(5)).
3 (2) EMPLOYEE; EMPLOYER.—The terms ‘‘em-
4 ployee’’ and ‘‘employer’’ have the meanings given
5 such terms in section 3 of the Fair Labor Standards
6 Act of 1938 (29 U.S.C. 203).
7 (3) INTEGRATED COMMUNITY PARTICIPATION
8 AND WRAPAROUND SERVICES; INTEGRATED SERV-
9 ICES.—The terms ‘‘integrated community participa-
10 tion and wraparound services’’ or ‘‘integrated serv-
11 ices’’ mean services for people with disabilities that
12 are—
13 (A) designed to assist such people in devel-
14 oping skills and abilities to reside successfully
15 in home and community-based settings;
16 (B) provided in accordance with a person-
17 centered written plan of care;
18 (C) created using evidence-based practices
19 that lead to such people—
20 (i) maintaining competitive integrated
21 employment;
22 (ii) achieving independent living; or
23 (iii) maximizing socioeconomic self-
24 sufficiency, optimal independence, and full
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25 participation in the community;
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1 (D) provided in a community location that
2 is not specifically intended for people with dis-
3 abilities;
4 (E) provided in a location that—
5 (i) allows the people receiving the
6 services to interact with people without dis-
7 abilities to the fullest extent possible; and
8 (ii) makes it possible for the people
9 receiving the services to access community
10 resources that are not specifically intended
11 for people with disabilities and to have the
12 same opportunity to participate in the
13 community as people who do not have a
14 disability; and
15 (F) provided in multiple locations to allow
16 the individual receiving the services to have op-
17 tions, thereby—
18 (i) optimizing individual initiative, au-
19 tonomy, and independence; and
20 (ii) facilitating choice regarding serv-
21 ices and supports, and choice regarding the
22 provider of such services.
23 (4) PEOPLE WITH DISABILITIES.—The term
24 ‘‘people with disabilities’’ includes individuals de-
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1 scribed in section 14(c)(1) of the Fair Labor Stand-
2 ards Act of 1938 (29 U.S.C. 214(c)(1)).
3 (5) STATE.—The term ‘‘State’’ has the mean-
4 ing given the term in section 3 of the Fair Labor
5 Standards Act of 1938 (29 U.S.C. 203)).
6 PART 4—RECRUITMENT, EDUCATION AND TRAIN-
7 ING, RETENTION, AND CAREER ADVANCE-
8 MENTS FOR THE DIRECT CARE WORKFORCE
9 SEC. 22301. DEFINITIONS.
10 In this part:
11 (1) CTE DEFINITIONS.—The terms ‘‘evidence-
12 based’’ and ‘‘work-based learning’’ have the mean-
13 ings given such terms in section 3 of the Carl D.
14 Perkins Career and Technical Education Act of
15 2006 (20 U.S.C. 2302).
16 (2) WIOA DEFINITIONS.—The terms ‘‘career
17 pathway’’, ‘‘career planning’’, ‘‘individual with a bar-
18 rier to employment’’, ‘‘local board’’, ‘‘older indi-
19 vidual’’, ‘‘on-the-job training’’, ‘‘recognized postsec-
20 ondary credential’’, and ‘‘State board’’ have the
21 meanings given such terms in section 3 of the Work-
22 force Innovation and Opportunity Act (29 U.S.C.
23 3102).
24 (3) OTHER DEFINITIONS.—
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1 (A) CAREER AND TECHNICAL EDUCATION
2 SCHOOL.—The term ‘‘career and technical edu-
3 cation school’’ has the meaning given the term
4 ‘‘eligible recipient’’ in section 3 of the 3 of the
5 Carl D. Perkins Career and Technical Edu-
6 cation Act of 2006 (20 U.S.C. 2302).
7 (B) DIRECT CARE WORKER.—The term
8 ‘‘direct care worker’’ means—
9 (i) a direct support professional;
10 (ii) any worker who provides direct
11 care services in home or community-based
12 setting;
13 (iii) a respite care provider who pro-
14 vides short-term support and care to an in-
15 dividual in order to provide relief to a fam-
16 ily caregiver;
17 (iv) a palliative care worker;
18 (v) a direct care worker, as defined in
19 section 799B of the Public Health Service
20 Act (42 U.S.C. 795p); or
21 (vi) an individual in any other position
22 or job related to those described in clauses
23 (i) through (vi), as determined by the Sec-
24 retary in consultation with the Secretary of
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25 Health and Human Services acting
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1 through the Administrator for the Admin-
2 istration for Community Living.
3 (C) ELIGIBLE ENTITY.—The term ‘‘eligible
4 entity’’ means an entity that is—
5 (i) a State;
6 (ii) a labor organization, a joint labor-
7 management organization, or a Multi-Em-
8 ployer Training and Education Fund;
9 (iii) a nonprofit organization with ex-
10 perience in aging, disability, supporting the
11 rights and interests of direct care workers,
12 or training or educating direct care work-
13 ers;
14 (iv) an Indian Tribe or Tribal organi-
15 zation (as defined in section 4 of the In-
16 dian Self-Determination and Education
17 Assistance Act (25 U.S.C. 5304));
18 (v) an urban Indian organization (as
19 defined in section 4 of the Indian Health
20 Care Improvement Act (25 U.S.C. 1603));
21 (vi) a State board or local board;
22 (vii) an area agency on aging (as de-
23 fined in section 102 of the Older Ameri-
24 cans Act of 1965 (42 U.S.C. 3002));
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1 (viii) when in partnership with an en-
2 tity described in any of clauses (i) through
3 (vii)—
4 (I) an institution of higher edu-
5 cation (as defined in section 101 of
6 the Higher Education Act of 1965 (20
7 U.S.C. 1001) or section 102(a)(1)(B)
8 of such Act (20 U.S.C.
9 1002(a)(1)(B))); or
10 (II) a career and technical edu-
11 cation school; or
12 (ix) a consortium of entities listed in
13 any of clauses (i) through (vii).
14 (D) FAMILY CAREGIVER.—The term ‘‘fam-
15 ily caregiver’’ means a paid or unpaid adult
16 family member or other individual who has a
17 significant relationship with, and who provides
18 a broad range of assistance to, an individual
19 with a chronic or other health condition, dis-
20 ability, or functional limitation.
21 (E) HOME AND COMMUNITY-BASED SERV-
22 ICES.—The term ‘‘home and community-based
23 services’’ has the meaning given such term in
24 section 9817(a)(2) of the American Rescue
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25 Plan Act of 2021 (Public Law 117–2).
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1 (F) PERSON WITH A DISABILITY.—The
2 term ‘‘person with a disability’’ means an indi-
3 vidual with a disability as defined in section 3
4 of the Americans with Disabilities Act of 1990
5 (42 U.S.C. 12102).
6 (G) PRE-APPRENTICESHIP PROGRAM.—The
7 term ‘‘pre-apprenticeship program’’ means a
8 program that articulates to a registered appren-
9 ticeship program.
10 (H) REGISTERED APPRENTICESHIP PRO-
11 GRAM.—The term ‘‘registered apprenticeship
12 program’’ means an apprenticeship program
13 registered under the Act of August 16, 1937
14 (commonly known as the ‘‘National Apprentice-
15 ship Act’’; 50 Stat. 664, chapter 663; 29
16 U.S.C. 50 et seq.).
17 (I) SECRETARY.—The term ‘‘Secretary’’
18 means the Secretary of Labor.
19 (J) STATE.—The term ‘‘State’’ means
20 each of the 50 States of the United States, the
21 District of Columbia, the Commonwealth of
22 Puerto Rico, American Samoa, Guam, the
23 United States Virgin Islands, and the Common-
24 wealth of the Northern Mariana Islands.
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1 SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORK-
2 FORCE.
3 (a) GRANTS AUTHORIZED.—In addition to amounts
4 otherwise available, there is appropriated to the Secretary
5 for fiscal year 2022, out of any money in the Treasury
6 not otherwise appropriated, $1,480,000,000, to remain
7 available until September 30, 2031, for awarding, on a
8 competitive basis, grants to eligible entities to carry out
9 the activities described in subsection (c) with respect to
10 direct care workers.
11 (b) APPLICATIONS; AWARD BASIS.—
12 (1) APPLICATIONS.—
13 (A) IN GENERAL.—An eligible entity seek-
14 ing a grant under subsection (a) shall submit to
15 the Secretary an application at such time, in
16 such manner, and containing such information
17 as the Secretary, in coordination with the Sec-
18 retary of Health and Human Services acting
19 through the Administrator of the Administra-
20 tion for Community Living, may require.
21 (B) CONTENTS.—Each application under
22 subparagraph (A) shall include—
23 (i) a description of the type or types
24 of direct care workers the entity plans to
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25 serve through the activities supported by
26 the grant;
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1 (ii) a description of the one or more
2 eligible partnering entities collaborating to
3 carry out the activities described in sub-
4 section (c);
5 (iii) an assurance that—
6 (I) the eligible entity will estab-
7 lish a consultative process, as de-
8 scribed in subsection (c)(2); and
9 (II) the eligible entity will consult
10 on the implementation of the grant, or
11 coordinate the activities of the grant,
12 with the agencies in the State that are
13 responsible for developmental dis-
14 ability services, aging, education,
15 workforce development, and Medicaid,
16 to the extent that each such entity is
17 not the eligible entity; and
18 (iv) a plan for ensuring that the eligi-
19 ble entity will remain neutral in any orga-
20 nizing effort involving direct care workers
21 served by the grant who seek to form, join,
22 or assist a labor organization.
23 (2) CONSIDERATION.—In awarding grants
24 under subsection (a), the Secretary, in coordination
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25 with the Secretary of Health and Human services
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1 acting through the Administrator of the Administra-
2 tion for Community Living, shall ensure equitable
3 geographic diversity in distribution of the grants, in-
4 cluding by selecting recipients in rural areas and se-
5 lecting recipients in urban areas.
6 (3) DURATION OF GRANTS.—A grant awarded
7 under this section shall be for a period of 3 years,
8 and may be renewed. The Secretary, in coordination
9 with the Secretary of Health and Human Services
10 acting through the Administrator of the Administra-
11 tion for Community Living, shall award grants (in-
12 cluding any renewals) under this section in 3-year
13 cycles subject to the limits set forth in subsection
14 (a).
15 (c) USE OF FUNDS.—
16 (1) IN GENERAL.—
17 (A) REQUIRED USE OF FUNDS.—Each eli-
18 gible entity receiving a grant under subsection
19 (a) shall use the grant funds to provide com-
20 petitive wages, benefits, and other supportive
21 services, including transportation, child care,
22 dependent care, workplace accommodations,
23 and workplace health and safety protections, to
24 the direct care workers served by the grant that
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1 are necessary to enable such workers to partici-
2 pate in the activities supported by the grant.
3 (B) ADDITIONAL ACTIVITIES.—In addition
4 to the requirement described in subparagraph
5 (A), each eligible entity receiving a grant under
6 subsection (a) shall use the grant funds for one
7 or more of the following activities:
8 (i) Developing and implementing a
9 strategy for the recruitment of direct care
10 workers.
11 (ii) Developing and implementing a
12 strategy for the retention of direct care
13 workers using evidence-based best prac-
14 tices, such as providing mentoring to such
15 workers.
16 (iii) Developing or implementing an
17 education and training program for the di-
18 rect care workers served by the grant,
19 which shall include—
20 (I) education and training on—
21 (aa) the rights of direct care
22 workers under applicable Fed-
23 eral, State, or local employment
24 law on—
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1 (AA) wages and hours,
2 including under the Fair
3 Labor Standards Act of
4 1938 (29 U.S.C. 201 et
5 seq.);
6 (BB) safe working con-
7 ditions, including under the
8 Occupational Safety and
9 Health Act of 1970 (29
10 U.S.C. 651 et seq.);
11 (CC) forming, joining,
12 or assisting a labor organi-
13 zation, including under the
14 National Labor Relations
15 Act (29 U.S.C. 153 et seq.);
16 and
17 (DD) other applicable
18 terms and conditions of em-
19 ployment; and
20 (bb) relevant Federal and
21 State laws (including regulations)
22 on the provision of home and
23 community-based services; and
24 (II) providing a progressively in-
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25 creasing, clearly defined schedule of
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1 hourly wages to be paid to each direct
2 care worker served by the grant for
3 each hour the worker spends on edu-
4 cation or training provided through
5 the program described in this clause,
6 with a schedule of hourly wages
7 that—
8 (aa) is consistent with meas-
9 urable skill gains or attainment
10 of a recognized postsecondary
11 credential received as a result of
12 participation in or completion of
13 such education or training pro-
14 gram; and
15 (bb) ensures that each such
16 worker is compensated for each
17 hour the worker spends on edu-
18 cation or training through such
19 program at an entry rate that is
20 not less than the greater of the
21 applicable minimum wage re-
22 quired by other applicable Fed-
23 eral, State, or local law, or a col-
24 lective bargaining agreement;
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1 (III) developing and imple-
2 menting a strategy for the retention
3 and career advancement of the direct
4 care workers served by the grant, in-
5 cluding providing career planning for
6 the direct care workers served by the
7 grant to support the identification of
8 advancement opportunities, and career
9 pathways in the direct care or home
10 care sectors; and
11 (IV) using evidence-based models
12 and standards for achievement for the
13 attainment of any associated recog-
14 nized postsecondary credentials, which
15 include—
16 (aa) supporting opportuni-
17 ties to participate in pre-appren-
18 ticeship or registered apprentice-
19 ship programs, work-based learn-
20 ing, or on-the-job training;
21 (bb) providing on-the-job su-
22 pervision or mentoring to support
23 the development of related skills
24 and competencies throughout
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1 completion of such credentials;
2 and
3 (cc) training on the in-de-
4 mand skills and competencies of
5 direct care workers served by the
6 grant, including the provision of
7 culturally competent and dis-
8 ability competent supports and
9 services.
10 (2) CONSULTATION.—Each eligible entity re-
11 ceiving a grant under this section shall consult in
12 the development and implementation of the grant
13 with—
14 (A) individuals with disabilities;
15 (B) older individuals;
16 (C) direct care workers;
17 (D) family caregivers, guardians, or family
18 members; or
19 (E) representatives of—
20 (i) organizations representing the
21 rights and interests of people receiving
22 home and community-based services;
23 (ii) provider agencies or employers of
24 direct care workers served by the grant;
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1 (iii) labor or joint labor-management
2 organizations, or advocacy organizations,
3 representing direct care workers served by
4 the grant; or
5 (iv) institutions of higher education or
6 career and technical education schools pro-
7 viding education and training on direct
8 care.
9 (d) SUPPLEMENT AND NOT SUPPLANT.—An eligible
10 entity receiving a grant under this section shall use such
11 grant only to supplement, and not supplant, the amount
12 of funds that, in the absence of such grant, would be avail-
13 able to the eligible entity to address the recruitment, edu-
14 cation and training, retention, or career advancement of
15 direct care workers in the State served by the grant.
16 PART 5—WORKFORCE DEVELOPMENT PRO-
17 GRAMS IN SUPPORT OF COMMUNITIES AND
18 THE ENVIRONMENT
19 SEC. 22401. CORPORATION FOR NATIONAL AND COMMU-
20 NITY SERVICE.
21 (a) IN GENERAL.—
22 (1) AMERICORPS STATE AND NATIONAL PRO-
23 GRAMS.—
24 (A) IN GENERAL.—In addition to amounts
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25 otherwise made available, there is appropriated
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1 for fiscal year 2023, out of any money in the
2 Treasury not otherwise appropriated, to the
3 Corporation for National and Community Serv-
4 ice, $1,305,000,000, to remain available until
5 September 30, 2027, for carrying out national
6 service programs authorized under section
7 122(a)(3)(B) of the National and Community
8 Service Act of 1990 (42 U.S.C.
9 12572(a)(3)(B)) which shall be used to make
10 funding adjustments to existing (as of the date
11 of enactment of this Act) awards and make new
12 awards to entities to support national service
13 programs authorized under the AmeriCorps
14 State and National program (whether or not
15 the entities are already grant recipients under
16 such provisions on the date of enactment of this
17 Act) and to increase the living allowances of
18 participants in national service programs.
19 (B) WAIVER OF MATCHING REQUIRE-
20 MENT.—For the purposes of carrying out this
21 subparagraph, the Corporation shall waive any
22 match requirement in whole or in part where a
23 grantee demonstrates such waiver would in-
24 crease access and remove barriers for organiza-
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25 tions that serve communities that are adversely
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1 affected by persistent poverty, discrimination,
2 or inequality.
3 (2) NATIONAL CIVILIAN COMMUNITY CORPS.—
4 In addition to amounts otherwise made available,
5 there is appropriated for fiscal year 2023, out of any
6 money in the Treasury not otherwise appropriated,
7 to the Corporation for National and Community
8 Service, $80,000,000, to remain available until Sep-
9 tember 30, 2027, for carrying out the National Civil-
10 ian Community Corps authorized under section 152
11 of the National and Community Service Act of 1990
12 (42 U.S.C. 12612).
13 (3) VOLUNTEERS IN SERVICE TO AMERICA PRO-
14 GRAM.—In addition to amounts otherwise made
15 available, there is appropriated for fiscal year 2023,
16 out of any money in the Treasury not otherwise ap-
17 propriated, to the Corporation for National and
18 Community Service, $100,000,000, to remain avail-
19 able until September 30, 2027, for carrying out the
20 Volunteers in Service to America (VISTA) program
21 for the purposes described in section 101 of the Do-
22 mestic Volunteer Service Act of 1973 (42 U.S.C.
23 4951), including to increase the living allowances of
24 volunteers, described in section 105(b) of such Act
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25 (42 U.S.C. 4955).
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1 (4) STATE COMMISSIONS.—In addition to
2 amounts otherwise made available, there is appro-
3 priated for fiscal year 2023, out of any money in the
4 Treasury not otherwise appropriated, to the Cor-
5 poration for National and Community Service,
6 $40,000,000, to remain available until September
7 30, 2027, to make adjustments to existing (as of the
8 date of enactment of this Act) awards and new and
9 additional awards, including awards to State Com-
10 missions on National and Community Service, under
11 section 126(a) of the National and Community Serv-
12 ice Act of 1990 (42 U.S.C. 12576(a)).
13 (5) USE OF FUNDS.—Amounts made available
14 under paragraphs (1) through (4) shall be used by
15 the Corporation for National and Community Serv-
16 ice to carry out activities described in section
17 122(a)(3)(B) of the National and Community Serv-
18 ice Act of 1990 (42 U.S.C. 12572(a)(3)(B)) and for
19 activities related to environmental resiliency, remedi-
20 ation, or mitigation by—
21 (A) ensuring at least 50 percent of such
22 funds are awarded to entities that serve, and
23 have representation from, low-income commu-
24 nities, Tribal, Alaska Native, or Native Hawai-
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25 ian communities, or communities experiencing
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1 (or at risk of experiencing) adverse health and
2 environmental conditions;
3 (B) taking into account the diversity of
4 communities served by such entities and the di-
5 versity of AmeriCorps members serving in these
6 projects, including racial, ethnic, socioeconomic,
7 linguistic, or geographic diversity, and utilizing
8 culturally competent and multilingual strategies
9 in the provision of services to communities and
10 in the recruitment of members;
11 (C) supporting projects that are planned
12 and implemented with the community served by
13 such activities;
14 (D) providing participants with workforce
15 development opportunities such as pre-appren-
16 ticeship programs that articulate to registered
17 apprenticeships, and pathways to post-service
18 employment in high-quality jobs or registered
19 apprenticeships; and
20 (E) coordinating with and providing re-
21 sources to the Departments of Labor and Edu-
22 cation to improve the readiness of participants
23 to transition to high-quality jobs or further edu-
24 cation.
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25 (b) ADMINISTRATIVE COSTS.—
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1 (1) IN GENERAL.—In addition to amounts oth-
2 erwise made available, there is appropriated for fis-
3 cal year 2022, out of any money in the Treasury not
4 otherwise appropriated, to the Corporation for Na-
5 tional and Community Service, $199,650,000, to re-
6 main available until September 30, 2027, which
7 shall be used for administrative expenses as provided
8 under section 501(a)(5) of the National and Com-
9 munity Service Act of 1990 (42 U.S.C. 12681(a)(5))
10 and under section 504(a) of the Domestic Volunteer
11 Service Act of 1973 (42 U.S.C. 5084(a)), including
12 an evaluation of the Corporation’s information tech-
13 nology security, corrective actions to address rec-
14 ommendations arising from audits of the agency and
15 the National Service Trust, and, in consultation with
16 the Inspector General, the development of grant
17 fraud prevention and detection controls and risk-
18 based anti-fraud grant monitoring. Not less than 5
19 percent of funds under this paragraph shall be re-
20 served for outreach to and recruitment of members
21 from communities traditionally underrepresented in
22 the programs and activities funded under this sec-
23 tion.
24 (2) PROJECT, OPERATIONS, AND MANAGEMENT
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25 PLAN.—In addition to amounts otherwise made
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1 available, there is appropriated for fiscal year 2022,
2 out of any money in the Treasury not otherwise ap-
3 propriated, to the Corporation for National and
4 Community Service, $350,000, to remain available
5 until September 30, 2023, which shall be used by
6 the Chief Executive Officer of the Corporation for
7 National and Community Service in collaboration
8 with the Department of Labor, to develop, issue, and
9 implement a project, operations, and management
10 plan for funds appropriated under this section. In
11 developing the financial management portion of the
12 plan, the Chief Executive Officer shall consult with
13 the Inspector General. Such plan shall be provided
14 to the Committee on Education and Labor of the
15 House of Representatives and the Committee on
16 Health, Education, Labor, and Pensions of the Sen-
17 ate prior to obligating funds or making outlays for
18 funds appropriated under subsection (a).
19 (c) OFFICE OF INSPECTOR GENERAL.—In addition
20 to amounts otherwise made available, there is appro-
21 priated for fiscal year 2022, out of any money in the
22 Treasury not otherwise appropriated, to the Office of In-
23 spector General of the Corporation for National and Com-
24 munity Service, $15,000,000 to remain available until
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25 September 30, 2030, which shall be used by the Office
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1 of Inspector General of the Corporation for National and
2 Community Service for salaries and expenses necessary for
3 oversight and audit of programs, activities and operations
4 funded under this section.
5 (d) NATIONAL SERVICE TRUST.—In addition to
6 amounts otherwise made available, there is appropriated
7 for fiscal year 2023, out of any money in the Treasury
8 not otherwise appropriated, to the National Service Trust,
9 $260,000,000, to remain available until expended, for—
10 (1) administration of the National Service
11 Trust; and
12 (2) payment to the Trust for the provision of
13 educational awards pursuant to section 145(a)(1)(A)
14 and section 148 of the National and Community
15 Service Act of 1990 (42 U.S.C. 12601(a)(1)(A);
16 12604).
17 SEC. 22402. DEPARTMENT OF LABOR.
18 (a) IN GENERAL.—
19 (1) YOUTHBUILD PROGRAM.—In addition to
20 amounts otherwise made available, there is appro-
21 priated for fiscal year 2023, out of any money in the
22 Treasury not otherwise appropriated, to the Depart-
23 ment of Labor, $250,000,000, to remain available
24 until September 30, 2027, except that no amounts
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25 may be expended after September 30, 2031, for the
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1 YouthBuild program authorized under section
2 171(c)(1) of the Workforce Innovation and Oppor-
3 tunity Act (29 U.S.C. 3226(c)(1)), including for the
4 purposes of improving and expanding access to serv-
5 ices, stipends, wages, and benefits described in sub-
6 sections (c)(2)(A)(vii) and (c)(2)(F) of section 171
7 of such Act.
8 (2) JOB CORPS PROGRAM.—In addition to
9 amounts otherwise made available, there is appro-
10 priated for fiscal year 2023, out of any money in the
11 Treasury not otherwise appropriated, to the Depart-
12 ment of Labor, $500,000,000, to remain available
13 until September 30, 2030, except that no amounts
14 may be expended after September 30, 2031, for the
15 Job Corps program authorized under section 143 of
16 the Workforce Innovation and Opportunity Act (29
17 U.S.C. 3193 et seq.), including Civilian Conservation
18 Centers as described in section 147(d)(1) of such
19 Act (29 U.S.C. 3197) and for the purposes of im-
20 proving and expanding access to allowances and sup-
21 ports described in section 150 of such Act (29
22 U.S.C. 3200).
23 (3) EX-OFFENDER ACTIVITIES.—In addition to
24 amounts otherwise made available, there is appro-
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25 priated for fiscal year 2023, out of any money in the
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1 Treasury not otherwise appropriated, to the Depart-
2 ment of Labor, $500,000,000, to remain available
3 until September 30, 2027, except that no amounts
4 may be expended after September 30, 2031, for ex-
5 offender activities under the authority of section
6 169(b)(5) of the Workforce Innovation and Oppor-
7 tunity Act (29 U.S.C. 3224(b)(5)).
8 (4) APPRENTICESHIP PROGRAMS.—In addition
9 to amounts otherwise made available, there is appro-
10 priated for fiscal year 2023, out of any money in the
11 Treasury not otherwise appropriated, to the Depart-
12 ment of Labor, $1,000,000,000, to remain available
13 until September 30, 2027, except that no amounts
14 may be expended after September 30, 2031, to carry
15 out activities through grants, cooperative agree-
16 ments, contracts or other arrangements, with States
17 and other appropriate entities, including equity
18 intermediaries and business and labor industry part-
19 ner intermediaries, to create or expand only appren-
20 ticeship programs registered under the Act of Au-
21 gust 16, 1937 (commonly known as the ‘‘National
22 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29
23 U.S.C. 50 et seq.), youth apprenticeship programs,
24 and pre-apprenticeship programs articulating to ap-
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25 prenticeship programs registered under such Act.
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1 (5) PAID YOUTH EMPLOYMENT ACTIVITIES.—In
2 addition to amounts otherwise made available, there
3 is appropriated for fiscal year 2023, out of any
4 money in the Treasury not otherwise appropriated,
5 to the Department of Labor, $249,800,000, to re-
6 main available until September 30, 2030, except
7 that no amounts may be expended after September
8 30, 2031, for paid youth employment activities
9 under the authority of section 169(b)(5) of the
10 Workforce Innovation and Opportunity Act (29
11 U.S.C. 3224(b)(5)) for in-school and out-of-school
12 youth as defined in section 3 of such Act (29 U.S.C.
13 3102).
14 (b) USE OF FUNDS.—Amounts made available under
15 paragraphs (1) through (8) of subsection (a) shall be used
16 for activities to include training for careers in industry
17 sectors and occupations related to environmental resil-
18 iency, remediation, or mitigation and activities to increase
19 diversity within such industry sectors and occupations,
20 taking into account the diversity of communities and par-
21 ticipants served by such programs, including racial, ethnic,
22 socioeconomic, linguistic, or geographic diversity.
23 (c) PROJECT, OPERATIONS, AND MANAGEMENT
24 PLAN.—In addition to amounts otherwise made available,
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25 there is appropriated for fiscal year 2022, out of any
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1 money in the Treasury not otherwise appropriated, to the
2 Department of Labor, $200,000, to remain available until
3 September 30, 2023, which shall be used by the Secretary
4 of Labor in collaboration with the Chief Executive Officer
5 of the Corporation for National and Community Service,
6 to develop and issue a project, operations, and manage-
7 ment plan for funds appropriated under this section. Such
8 plan shall be provided to the Committee on Education and
9 Labor of the House of Representatives and the Committee
10 on Health, Education, Labor, and Pensions of the Senate
11 prior to obligating funds or making outlays for funds ap-
12 propriated under subsection (a).
13 PART 6—DEPARTMENT OF LABOR INSPECTOR
14 GENERAL FUNDING
15 SEC. 22501. DEPARTMENT OF LABOR INSPECTOR GENERAL
16 FUNDING.
17 In addition to amounts otherwise available, there is
18 appropriated to the Office of Inspector General of the De-
19 partment of Labor for fiscal year 2022, out of any money
20 in the Treasury not otherwise appropriated,
21 $100,000,000, to remain available until expended for sala-
22 ries and expenses necessary for oversight, investigations,
23 and audits of programs, grants, and projects of the De-
24 partment of Labor funded under this subtitle and subtitle
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25 B of this title.
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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) SHORT TITLE.—This section may be cited as the
6 ‘‘Birth Through Five Child Care and Early Learning En-
7 titlement Act’’.
8 (b) DEFINITIONS.—
9 (1) IN GENERAL.—The definitions in section
10 658P of the Child Care and Development Block
11 Grant Act of 1990 (42 U.S.C. 9858n) shall apply to
12 this section, except as provided in subparagraph (2)
13 and as otherwise specified.
14 (2) ADDITIONAL TERMS.—In this section:
15 (A) CHILD CARE CERTIFICATE.—
16 (i) IN GENERAL.—The term ‘‘child
17 care certificate’’ means a certificate (that
18 may be a check or other disbursement)
19 that is issued by a State or local govern-
20 ment under this section directly to a par-
21 ent who may use such certificate only as
22 payment for child care services or as a de-
23 posit for child care services if such a de-
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24 posit is required of other children being
25 cared for by the provider.
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1 (ii) RULE.—Nothing in this section
2 shall preclude the use of such certificates
3 for sectarian child care services if freely
4 chosen by the parent. For the purposes of
5 this section, child care certificates shall be
6 considered Federal financial assistance to
7 the provider.
8 (B) CHILD EXPERIENCING HOMELESS-
9 NESS.—The term ‘‘child experiencing homeless-
10 ness’’ means an individual who is a homeless
11 child or youth under section 725 of the McKin-
12 ney-Vento Homeless Assistance Act (42 U.S.C.
13 11434a).
14 (C) ELIGIBLE ACTIVITY.—The term ‘‘eligi-
15 ble activity’’, with respect to a parent, shall in-
16 clude, at minimum, activities consisting of—
17 (i) full-time or part-time employment;
18 (ii) self-employment;
19 (iii) job search activities;
20 (iv) job training;
21 (v) secondary, postsecondary, or adult
22 education, including education through a
23 program of high school classes, a course of
24 study at an institution of higher education,
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25 classes towards an equivalent of a high
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1 school diploma recognized by State law, or
2 English as a second language classes;
3 (vi) health treatment (including men-
4 tal health and substance use treatment) for
5 a condition that prevents the parent from
6 participating in other eligible activities;
7 (vii) activities to prevent child abuse
8 and neglect, or family violence prevention
9 or intervention activities;
10 (viii) employment and training activi-
11 ties under the supplemental nutrition as-
12 sistance program established under the
13 Food and Nutrition Act of 2008 (7 U.S.C.
14 2011 et seq.);
15 (ix) employment and training activi-
16 ties under the Workforce Innovation and
17 Opportunity Act (29 U.S.C. 3101)
18 (x) work activities under the program
19 of block grants to States for temporary as-
20 sistance for needy families under part A of
21 title IV of the Social Security Act (42
22 U.S.C. 601 et seq.); and
23 (xi) taking leave under the Family
24 and Medical Leave Act of 1993 (29 U.S.C.
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25 2601 et seq.) (or equivalent provisions for
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1 Federal employees), a State or local paid
2 or unpaid leave law, or a program of em-
3 ployer-provided leave.
4 (D) ELIGIBLE CHILD.—The term ‘‘eligible
5 child’’ means an individual (without regard to
6 the immigration status of the individual or of
7 any parent of the individual)—
8 (i) who is less than 6 years of age;
9 (ii) who is not yet in kindergarten;
10 (iii) whose family income—
11 (I) does not exceed 100 percent
12 of the State median income for a fam-
13 ily of the same size for fiscal year
14 2022;
15 (II) does not exceed 115 percent
16 of such State median income for fiscal
17 year 2023;
18 (III) does not exceed 130 percent
19 of such State median income for fiscal
20 year 2024; and
21 (IV) for each of the fiscal years
22 2025 through 2027, is of any level;
23 (iv) whose family assets do not exceed
24 $1,000,000 (as certified by a member of
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25 such family); and
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1 (v) who—
2 (I) resides with a parent partici-
3 pating in an eligible 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 experi-
8 encing homelessness, children in foster
9 care, children in kinship care, and
10 children who are receiving, or need to
11 receive, child protective services; or
12 (III) resides with a parent who is
13 more than 65 years of age.
14 (E) ELIGIBLE CHILD CARE PROVIDER.—
15 (i) IN GENERAL.—The term ‘‘eligible
16 child care provider’’ means a center-based
17 child care provider, a family child care pro-
18 vider, or other provider of child care serv-
19 ices for compensation that—
20 (I) is licensed to provide child
21 care services under State law;
22 (II) participates in the State’s
23 tiered system for measuring the qual-
24 ity of child care providers described in
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25 subsection(f)(4)(B)—
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1 (aa) not later than the last
2 day of the third fiscal year for
3 which the State receives funds
4 under this section; and
5 (bb) for the remainder of
6 the period for which the provider
7 receives funds under this section;
8 and
9 (III) satisfies the State and local
10 requirements applicable to eligible
11 child care providers under the Child
12 Care and Development Block Grant
13 Act of 1990 (42 U.S.C. 9857 et seq.),
14 including those requirements de-
15 scribed in section 658E(c)(2)(I) of
16 such Act (42 U.S.C. 9858c(c)(2)(I)).
17 (ii) SPECIAL RULE.—A child care pro-
18 vider who has been eligible to provide child
19 care services in a State for children receiv-
20 ing assistance under the Child Care and
21 Development Block Grant Act of 1990 (42
22 U.S.C. 9857 et seq.) on the date the State
23 submits an application for funds under this
24 section and remains in good standing with
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25 the State, shall be deemed to be an eligible
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1 child care provider under this section for 3
2 years after the State receives funding
3 under this section.
4 (F) FMAP.—The term ‘‘FMAP’’ has the
5 meaning given the term ‘‘Federal medical as-
6 sistance percentage’’ in the first sentence of
7 section 1905(b) of the Social Security Act (42
8 U.S.C. 1396d(b)).
9 (G) FAMILY CHILD CARE PROVIDER.—
10 Family child care provider means one or more
11 individuals who provide child care services less
12 than 24 hours per day per child, in a private
13 residence other than the residences of the chil-
14 dren, unless care for 24 hours is provided due
15 to the nature of the parent(s)’ work.
16 (H) INCLUSIVE CARE.—The term ‘‘inclu-
17 sive’’, with respect to care (including child
18 care), means care provided by an eligible child
19 care provider—
20 (i) for whom the percentage of chil-
21 dren served by the provider who are chil-
22 dren with disabilities or infants or toddlers
23 with disabilities reflects the prevalence of
24 children with disabilities and infants and
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25 toddlers with disabilities (whichever the
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1 provider serves) among children within the
2 State involved; and
3 (ii) that provides care and full partici-
4 pation for children with disabilities and in-
5 fants and toddlers with disabilities (which-
6 ever the provider serves) alongside children
7 who are—
8 (I) not children with disabilities;
9 and
10 (II) not infants and toddlers with
11 disabilities.
12 (I) INFANT OR TODDLER.—The term ‘‘in-
13 fant or toddler’’ means an individual who is less
14 than 3 years of age.
15 (J) INFANT OR TODDLER WITH A DIS-
16 ABILITY.—The term ‘‘infant or toddler with a
17 disability’’ has the meaning given the term in
18 section 632 of the Individuals with Disabilities
19 Education Act (20 U.S.C. 1432).
20 (K) LEAD AGENCY.—The term ‘‘lead agen-
21 cy’’ means the agency designated or established
22 under subsection (e).
23 (L) STATE.—The term ‘‘State’’ means any
24 of the 50 States and the District of Columbia.
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1 (M) TERRITORY.—The term ‘‘territory’’
2 means the Commonwealth of Puerto Rico, the
3 Virgin Islands of the United States, Guam,
4 American Samoa, and the Commonwealth of
5 the Northern Mariana Islands.
6 (N) TRIBAL ORGANIZATION.—The term
7 ‘‘Tribal organization’’ has the meaning given
8 the term in section 4 of the Indian Self-Deter-
9 mination and Education Assistance Act (25
10 U.S.C. 450b).
11 (O) URBAN INDIAN ORGANIZATION.—The
12 term ‘‘Urban Indian organization’’ has the
13 meaning given the term in section 4 of the In-
14 dian Health Care Improvement Act (25 U.S.C.
15 1603).
16 (c) APPROPRIATIONS.—
17 (1) IN GENERAL.—In addition to amounts oth-
18 erwise available, there is appropriated to the Depart-
19 ment of Health and Human Services, out of any
20 money in the Treasury not otherwise appropriated,
21 for carrying out this section—
22 (A) $20,000,000,000 for fiscal year 2022,
23 to remain available until September 30, 2025,
24 (B) $30,000,000,000 for fiscal year 2023,
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25 to remain available until September 30, 2026
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1 (C) $40,000,000,000 for fiscal year 2024,
2 to remain available until September 30, 2027;
3 (D) such sums as may be necessary for
4 each of fiscal years 2025 through 2027, to re-
5 main available for one fiscal year.
6 (2) ADMINISTRATION.—
7 (A) FISCAL YEARS 2022 THROUGH 2024.—
8 In addition to amounts otherwise available,
9 there is appropriated to the Department of
10 Health and Human Services, out of any money
11 in the Treasury not otherwise appropriated,
12 $130,000,000 for each of fiscal years 2022,
13 2023, and 2024, to carry out subsection (k).
14 Amounts appropriated by the preceding sen-
15 tence shall be available for one fiscal year.
16 (B) FISCAL YEARS 2025 THROUGH 2027.—
17 From the amounts appropriated under sub-
18 section (a), the Secretary shall reserve, to carry
19 out subsection (k), up to 1 percent of such
20 amounts for each of fiscal years 2025, 2026,
21 and 2027, which shall be in addition to
22 amounts otherwise available for this purpose.
23 Amounts appropriated by the preceding sen-
24 tence shall be available for one fiscal year.
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1 (d) ESTABLISHMENT OF BIRTH THROUGH FIVE
2 CHILD CARE AND EARLY LEARNING ENTITLEMENT PRO-
3 GRAM.—
4 (1) IN GENERAL.—The Secretary is authorized
5 to administer a child care and early learning entitle-
6 ment program under which families, in States, terri-
7 tories, and Indian Tribes with an approved applica-
8 tion under subsection (f) or (g), shall be provided an
9 opportunity to obtain high-quality child care services
10 for eligible children, subject to the requirements of
11 this section.
12 (2) ASSISTANCE FOR EVERY ELIGIBLE
13 CHILD.—Beginning on October 1, 2024, every family
14 who applies for assistance under this section with re-
15 spect to a child in a State with an approved applica-
16 tion under subsection (g), or in a territory or Indian
17 tribe with an approved application under subsection
18 (f), and who is determined, by a lead agency (or
19 other entity designated by a lead agency) following
20 standards and procedures established by the Sec-
21 retary by rule, to be an eligible child, shall be offered
22 child care assistance in accordance with and subject
23 to the requirements and limitations of this section.
24 (e) LEAD AGENCY.—The Governor of a State or the
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25 head of a territory or Indian tribe, desiring to receive as-
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1 sistance under this section shall designate an agency
2 (which may be an appropriate collaborative agency), or es-
3 tablish a joint interagency office—
4 (1) to serve as the lead agency for the State,
5 territory, or Indian tribe under this section; and
6 (2) to administer, directly or through other gov-
7 ernmental or nongovernmental agencies of the State,
8 territory or Indian tribe the financial assistance re-
9 ceived under this section by the State, territory, or
10 Indian tribe, including by certifying the eligibility of
11 children.
12 (f) APPLICATIONS AND STATE PLANS.—
13 (1) APPLICATION.—To be eligible to receive as-
14 sistance under this section, a State shall prepare
15 and submit to the Secretary for approval an applica-
16 tion at such time, in such manner, and containing
17 a State plan that—
18 (A) for a transitional State plan, meets the
19 requirements under subsection (c) and contains
20 such information as the Secretary may require,
21 to demonstrate the State will meet the require-
22 ments of this section; and
23 (B) for a full State plan, meets the re-
24 quirements under subsection (d) and contains
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25 that information.
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1 (2) PERIOD COVERED BY PLAN.—A State plan
2 contained in the application shall be designed to be
3 implemented—
4 (A) for a transitional State plan, during a
5 1-year period; and
6 (B) for a full State plan, during a 3-year
7 period.
8 (3) REQUIREMENTS FOR TRANSITIONAL STATE
9 PLANS.—For a period of 1 year following the date
10 of enactment of this Act, the Secretary shall award
11 funds under this section to States with an approved
12 application that contains a transitional State plan,
13 submitted under paragraph (1)(A) that includes, at
14 a minimum—
15 (A) an assurance that the State will sub-
16 mit a State plan under paragraph (4); and
17 (B) a description of how the funds received
18 by the State under this section will be spent to
19 expand access to child care assistance and in-
20 crease the supply and quality of child care pro-
21 viders within the State, in alignment with the
22 requirements of this section.
23 (4) REQUIREMENTS FOR FULL STATE PLANS.—
24 The Secretary may award funds under this section
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25 to States with an approved application that contains
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1 a subsequent State plan, submitted under subsection
2 (a)(2), that includes, at a minimum, the following:
3 (A) PAYMENT RATES AND COST ESTI-
4 MATION.—
5 (i) PAYMENT RATES.—The State plan
6 shall certify that payment rates for the
7 provision of child care services for which
8 assistance is provided in accordance with
9 this section for the period covered by the
10 plan, within 3 years after the State re-
11 ceives funds under this section—
12 (I) will be sufficient to meet the
13 cost of child care, and set in accord-
14 ance with a cost estimation model or
15 cost study described in clause (ii) that
16 is approved by the Secretary; and
17 (II) will correspond to differences
18 in quality (including improved quality)
19 based on the State’s tiered system for
20 measuring the quality of eligible child
21 care providers described in subpara-
22 graph (B).
23 (ii) COST ESTIMATION.—Such State
24 plan shall—
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1 (I) demonstrate that the State
2 has, after consulting with relevant en-
3 tities and stakeholders, developed and
4 uses a statistically valid and reliable
5 cost estimation model or cost study
6 for the payment rates of child care
7 services in the State that reflect rates
8 for providers at each of the tiers of
9 the State’s tiered system for meas-
10 uring the quality of child care pro-
11 viders described in subparagraph (B),
12 and variations in the cost of child care
13 services by geographic area, type of
14 provider, and age of child, and the ad-
15 ditional costs associated with pro-
16 viding inclusive child care services;
17 and
18 (II) certify that the State’s pay-
19 ment rates for child care services for
20 which assistance is provided in accord-
21 ance with this section—
22 (aa) are set in accordance
23 with the most recent estimates
24 from the most recent cost esti-
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25 mation model or cost study under
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1 subclause (I), so that providers
2 at each tier of the tiered system
3 for measuring provider quality
4 described in subparagraph (B)
5 receive a payment that is suffi-
6 cient to meet the requirements of
7 such tier;
8 (bb) are set so as to provide
9 payments to providers not at the
10 top tier of the tiered system that
11 are sufficient to enable the pro-
12 viders to increase quality to meet
13 the requirements for the next
14 tier;
15 (cc) ensure adequate wages
16 for staff of child care providers
17 providing such child care services
18 that—
19 (AA) at a minimum,
20 provide a living wage for all
21 staff of such child care pro-
22 viders; and
23 (BB) are equivalent to
24 wages for elementary edu-
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25 cators with similar creden-
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1 tials and experience in the
2 State; and
3 (dd) are adjusted on an an-
4 nual basis for cost of living in-
5 creases to ensure those payment
6 rates remain sufficient to meet
7 the requirements of this section.
8 (iii) PAYMENT PRACTICES.—Such
9 State plan shall include an assurance that
10 the State will implement payment practices
11 that support the fixed costs of providing
12 child care services.
13 (B) TIERED SYSTEM FOR MEASURING THE
14 QUALITY OF CHILD CARE PROVIDERS.—Such
15 State plan shall certify that the State has im-
16 plemented, or assure that the State will imple-
17 ment within 3 years after receiving funds under
18 this section, a tiered system for measuring the
19 quality of eligible child care providers who pro-
20 vide child care services for which assistance is
21 made available under this section. Such tiered
22 system shall—
23 (i) include a set of standards, for de-
24 termining the tier of quality of a child care
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25 provider, that—
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1 (I) uses standards for a highest
2 tier that at a minimum are equivalent
3 to Head Start program performance
4 standards described in section
5 641A(a)(1)(B) of the Head Start Act
6 (42 U.S.C. 9836a(a)(1)(B)) or other
7 equivalent evidence-based standards
8 approved by the Secretary; and
9 (II) includes quality indicators
10 and thresholds that are appropriate
11 for child development in different
12 types of child care provider settings,
13 including child care centers and the
14 settings of family child care providers,
15 and are appropriate for providers
16 serving different age groups (includ-
17 ing mixed age groups) of children;
18 (ii) include a different set of stand-
19 ards that includes indicators, when appro-
20 priate, for care during nontraditional hours
21 of operation; and
22 (iii) provide for sufficient resources
23 and supports for child care providers at
24 tiers lower than the highest tier to facili-
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1 tate progression toward higher quality
2 standards.
3 (C) ACHIEVING HIGH QUALITY FOR ALL
4 CHILDREN.—Such State plan shall certify the
5 State has implemented, or will implement with-
6 in 3 years of receiving funds under this section,
7 policies and financing practices that will ensure
8 all families of eligible children can choose for
9 the children to attend child care at the highest
10 quality tier within 6 years after the date of en-
11 actment of this Act.
12 (D) COMPENSATION.—Such plan shall pro-
13 vide a certification that the State has or will
14 have within 3 years after receiving funds under
15 this section, a wage ladder for staff of eligible
16 child care providers receiving assistance under
17 this section, including a certification that wages
18 for such staff, at a minimum, will meet the re-
19 quirements of subparagraph (A)(ii)(II)(cc).
20 (E) SLIDING FEE SCALE FOR COPAY-
21 MENTS.—
22 (i) IN GENERAL.—Except as provided
23 in clauses (ii)(I) and (iii), the State plan
24 shall provide an assurance that the State
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25 will for the period covered by the plan use
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