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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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Congressional materials
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Bills Bills 117Hr5376Rh Bills 117Hr5376Rh
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Bills Bills 117Hr5376Rh Bills 117Hr5376Rh

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/, SHA-256 67f72723c9eeb6f81f4309eeb0f0d0423400f2927539d59d5a65860019a3690b.

Full text

                                                                                                                                                                          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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                                                                         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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                                                                         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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                                                                         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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                                                                       25 ties and distribution facilities, including fueling stations,


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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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                                                                       25               ered as provided pursuant to subsection (g)(1)(A) of


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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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                                                                       25                                         of data to the State educational agen-


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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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                                                                       25                        agency shall require an eligible local 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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                                                                                                                              71
                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                       25                        dent in an eligible program (as defined in sec-


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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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                                                                             144
                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                         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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                                                                                                                             255
                                                                         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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