Build Back Better Act, H.R. 5376 — Congressional Record, House, November 18, 2021
Summary
This is H6375 of the Congressional Record, House, November 18, 2021, with interleaved columns. The page records a message from the Clerk that the Senate passed H.R. 5142 without amendment and a one-minute statement by Mr. Cicilline on investing in the Nation's future. Mr. Yarmuth then calls up H.R. 5376, the Build Back Better Act, pursuant to House Resolution 774, and the Chair states that the substitute amendment is adopted and the bill is considered read. The printed bill text begins with forest management funding provisions, including $1,000,000,000 for vegetation management projects on National Forest System land and $450,000,000 for the Legacy Roads and Trails program of the Forest Service.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Build Back Better Act, H.R. 5376 — Congressional Record, House, November 18, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-11-18-crec-2021-11-18-pt1-pgh6375-4-82f021afc5/
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6375
b 1015 OFFICE OF THE CLERK, (C) carried out in a manner that enhances the
HOUSE OF REPRESENTATIVES, ecological integrity and achieves the restoration
INVESTING IN OUR NATION’S Washington, DC, November 18, 2021. of a forest ecosystem; maximizes the retention of
FUTURE Hon. NANCY PELOSI, old-growth and large trees, as appropriate for
(Mr. CICILLINE asked and was given Speaker, House of Representatives, the forest type; and prioritizes prescribed fire as
Washington, DC. the primary means to achieve modified wildland
permission to address the House for 1
DEAR MADAM SPEAKER: Pursuant to the fire behavior;
minute.) permission granted in Clause 2(h) of Rule II (3) $1,000,000,000 for vegetation management
Mr. CICILLINE. Madam Speaker, we of the Rules of the U.S. House of Representa- projects carried out solely on National Forest
are at critical crossroads as we work to tives, the Clerk received the following mes- System land that the Secretary shall select fol-
recover after the health and economic sage from the Secretary of the Senate on No- lowing the receipt of proposals submitted in ac-
crises caused by the COVID–19 pan- vember 18, 2021, at 9:46 a.m.: cordance with subsections (a), (b), and (c) of
demic here at home and around the That the Senate passed without amend- section 4003 of the Omnibus Public Land Man-
world. ment H.R. 5142 agement Act of 2009 (16 U.S.C. 7303);
With best wishes, I am, (4) $400,000,000 for vegetation management
As we look to our future, we are projects on National Forest System land carried
Sincerely,
going to build back better to create an CHERYL L. JOHNSON, out in accordance with a water source manage-
economy that works for every Amer- Clerk. ment plan or a watershed protection and res-
ican and all families that leaves no one toration action plan;
f (5) $400,000,000 for vegetation management
behind. This is a once-in-a-generation
opportunity to transform the lives of BUILD BACK BETTER ACT projects on National Forest System land that—
(A) maintain, or contribute toward the res-
millions of Americans by reducing Mr. YARMUTH. Madam Speaker, toration of, reference old growth characteristics,
costs for everything from prescription pursuant to House Resolution 774, I including structure, composition, function, and
drugs to childcare; creating good-pay- call up the bill (H.R. 5376) to provide connectivity;
ing union jobs by addressing the ur- for reconciliation pursuant to title II (B) prioritize small diameter trees and pre-
gency of the climate crisis; cutting scribed fire to modify fire behavior; and
of S. Con. Res. 14, and ask for its imme- (C) maximize the retention of large trees, as
taxes for working families; and making diate consideration in the House. appropriate for the forest type;
sure that none of these investments The Clerk read the title of the bill. (6) $450,000,000 for the Legacy Roads and
add to the deficit by making the The SPEAKER pro tempore. Pursu- Trails program of the Forest Service;
wealthiest individuals and largest cor- ant to House Resolution 774, an amend- (7) $350,000,000 for National Forest System
porations pay their fair share in taxes. ment in the nature of a substitute con- land management planning and monitoring,
Madam Speaker, I urge all of my col- prioritized on the assessment of watershed, eco-
sisting of the text of Rules Committee logical, and carbon conditions on National For-
leagues to support this investment in Print 117–18, modified by the amend- est System land and the revision and amend-
our Nation’s future. ment printed in House Report 117–173, ment of older land management plans that
f is adopted, and the bill, as amended, is present opportunities to protect, maintain, re-
FREEDOM TO VOTE considered read. store, and monitor ecological integrity, ecologi-
The text of the bill, as amended, is as cal conditions for at-risk species, and carbon
(Ms. JACKSON LEE asked and was follows: storage;
given permission to address the House (8) $100,000,000 for maintenance of trails on
H.R. 5376 National Forest System land, with a priority on
for 1 minute.)
Be it enacted by the Senate and House of Rep- trails that provide to underserved communities
Ms. JACKSON LEE. Madam Speaker,
resentatives of the United States of America in access to National Forest System land;
over the last couple of months, hun- Congress assembled, (9) $100,000,000 for capital maintenance and
dreds of individuals have come to improvements on National Forest System land,
TITLE I—COMMITTEE ON AGRICULTURE
Washington from all over the country with a priority on maintenance level 3, 4, and 5
Subtitle A—General Provisions
to protest the lack of the passage of roads and improvements that restore ecological
the Voting Rights Act, the John Rob- SEC. 10001. DEFINITIONS. integrity and conditions for at-risk species;
ert Lewis Voting Rights Act, and, as In this title: (10) $100,000,000 to provide for more efficient
(1) The term ‘‘insular area’’ has the meaning and more effective environmental reviews by the
well, the Freedom to Vote Act.
given such term in section 1404 of the National Chief of the Forest Service in satisfying the obli-
Freedom to Vote and John Robert Agricultural Research, Extension, and Teaching gations of the Chief of the Forest Service under
Lewis voting laws are the Policy Act of 1977 (7 U.S.C. 3103). the National Environmental Policy Act of 1969
underpinnings of this great Nation. It (2) The term ‘‘Secretary’’ means the Secretary (42 U.S.C. 4321 through 4370m–12);
exemplifies the beginning of the Con- of Agriculture. (11) $50,000,000 to develop and carry out ac-
stitution, that we were created to cre- Subtitle B—Forestry tivities and tactics for the protection of older
ate a more perfect Union. It underlies and mature forests on National Forest System
SEC. 11001. NATIONAL FOREST SYSTEM RESTORA-
the elimination of slavery, the right to TION AND FUELS REDUCTION
land, including completing an inventory of older
PROJECTS. and mature forests within the National Forest
vote for all people, and due process.
(a) APPROPRIATIONS.—In addition to amounts System;
We must move these important, cru- (12) $50,000,000 to develop and carry out ac-
cial legislative initiatives that are otherwise available, there are appropriated to
tivities and tactics for the maintenance and res-
the Secretary for fiscal year 2022, out of any
more than laws; they are the very toration of habitat conditions necessary for the
money in the Treasury not otherwise appro-
heart of this Nation. priated, to remain available until September 30,
protection and recovery of at-risk species on Na-
The Senate must move. It must move tional Forest System land;
2031—
now. (13) $50,000,000 to carry out post-fire recovery
(1) $10,000,000,000 for hazardous fuels reduc-
plans on National Forest System land that em-
More people are coming. They will be tion projects on National Forest System land
phasize the use of locally adapted native plant
arrested, and they are insisting that we within the wildland-urban interface;
materials to restore the ecological integrity of
move. (2) $4,000,000,000 for, on a determination made
disturbed areas and do not include salvage log-
I am ready—I know we are, this solely by the Secretary that hazardous fuels re-
ging; and
duction projects within the wildland-urban (14) $50,000,000 to develop and carry out non-
House under Democratic leadership—to
interface described in paragraph (1) have been lethal activities and tactics to reduce human-
pass both bills. We seek this legislation planned to protect, to the extent practicable, at-
now. We cannot wait. wildlife conflicts on National Forest System
risk communities, hazardous fuels reduction land.
People want to vote, and they want projects on National Forest System land outside (b) PRIORITY FOR FUNDING.—For projects de-
to vote safely, and they want to end the wildland-urban interface that are— scribed in paragraphs (1) through (5) of sub-
the big lie. Let’s vote. (A) primarily noncommercial in nature, pro- section (a), the Secretary shall prioritize for im-
f vided that, in accordance with the best avail- plementation projects—
able science, the harvest of merchantable mate- (1) for which an environmental assessment or
COMMUNICATION FROM THE
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rials shall be ecologically appropriate for res- an environmental impact statement required
CLERK OF THE HOUSE toration and to enhance ecological health and under the National Environmental Policy Act of
function, and any sale of merchantable mate- 1969 (42 U.S.C. 4321 through 4370m–12) has been
The SPEAKER pro tempore laid be- rials under this paragraph shall be limited to completed;
fore the House the following commu- small diameter trees or biomass that are a by- (2) that are collaboratively developed; or
nication from the Clerk of the House of product of hazardous fuel reduction projects; (3) that include opportunities to restore sus-
Representatives: (B) collaboratively developed; and tainable recreation infrastructure or access or
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H6376 CONGRESSIONAL RECORD — HOUSE November 18, 2021
accomplish other recreation outcomes on Na- tat, or the decommissioning of an unauthorized, (7) $250,000,000 for the competitive grant pro-
tional Forest System lands, if the opportunities temporary, or system road. gram under section 13A of the Cooperative For-
are compatible with the primary restoration pur- (8) WATER SOURCE MANAGEMENT PLAN.—The estry Assistance Act of 1978 (16 U.S.C. 2109a) for
poses of the project. term ‘‘water source management plan’’ means a providing through that program a cost share to
(c) LIMITATIONS.—None of the funds made plan developed under section 303(d)(1) of the carry out climate mitigation or forest resilience
available by this section may be used for any Healthy Forests Restoration Act of 2003 (16 practices in the case of underserved forest land-
activity— U.S.C. 6542(d)(1)). owners, subject to the condition that subsection
(1) conducted in a wilderness area or wilder- (9) WATERSHED PROTECTION AND RESTORATION (h) of that section shall not apply;
ness study area; ACTION PLAN.—The term ‘‘watershed protection (8) $250,000,000 for the competitive grant pro-
(2) that includes the construction of a perma- and restoration action plan’’ means a plan de- gram under section 13A of the Cooperative For-
nent road or permanent trail; veloped under section 304(a)(3) of the Healthy estry Assistance Act of 1978 (16 U.S.C. 2109a) for
(3) that includes the construction of a tem- Forests Restoration Act of 2003 (16 U.S.C. providing through that program grants to sup-
porary road, except in the case of a temporary 6543(a)(3)). port the participation of underserved forest
road that is decommissioned by the Secretary (10) WILDLAND-URBAN INTERFACE.—The term landowners in emerging private markets for cli-
not later than 3 years after the earlier of— ‘‘wildland-urban interface’’ has the meaning mate mitigation or forest resilience, subject to
(A) the date on which the temporary road is given the term in section 101 of the Healthy For- the condition that subsection (h) of that section
no longer needed; and ests Restoration Act of 2003 (16 U.S.C. 6511). shall not apply;
(B) the date on which the project for which (e) LIMITATIONS.—Nothing in this section (9) $250,000,000 for the competitive grant pro-
the temporary road was constructed is com- shall be interpreted to authorize funds of the gram under section 13A of the Cooperative For-
pleted; Commodity Credit Corporation for activities estry Assistance Act of 1978 (16 U.S.C. 2109a) for
(4) inconsistent with the applicable land man- under this section if such funds are not ex- providing through that program grants to sup-
agement plan; pressly authorized or currently expended for port the participation of forest landowners who
(5) inconsistent with the prohibitions of the such purposes. own less than 2,500 acres of forest land in
rule of the Forest Service entitled ‘‘Special (f) COST-SHARING REQUIREMENT.— Any part- emerging private markets for climate mitigation
nership agreements, including cooperative or forest resilience, subject to the condition that
Areas; Roadless Area Conservation’’ (66 Fed.
agreements and mutual interest agreements, subsection (h) of that section shall not apply;
Reg. 3244 (January 12, 2001)), as modified by
using funds made available under this section (10) $500,000,000 for the competitive grant pro-
subparts C and D of part 294 of title 36, Code of
shall be subject to a non-Federal cost-share re- gram under section 13A of the Cooperative For-
Federal Regulations; or
quirement of not less than 20 percent of the estry Assistance Act of 1978 (16 U.S.C. 2109a) to
(6) carried out on any land that is not Na-
project cost, which may be waived at the discre- provide grants to states and other eligible enti-
tional Forest System land, including other for-
tion of the Secretary. ties to provide payments to owners of private
ested land on Federal, State, Tribal, or private
SEC. 11002. NON-FEDERAL LAND FOREST RES- forest land for implementation of forestry prac-
land. TORATION AND FUELS REDUCTION
(d) DEFINITIONS.—In this section: tices on private forest land, that are determined
PROJECTS AND RESEARCH.
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk by the Secretary, based on the best available
(a) APPROPRIATIONS.—In addition to amounts science, to provide measurable increases in car-
community’’ has the meaning given the term in otherwise available, there are appropriated to
section 101 of the Healthy Forests Restoration bon sequestration and storage beyond cus-
the Secretary for fiscal year 2022, out of any tomary practices on comparable land, subject to
Act of 2003 (16 U.S.C. 6511). money in the Treasury not otherwise appro-
(2) COLLABORATIVELY DEVELOPED.—The term the conditions that—
priated, to remain available until September 30, (A) those payments shall not preclude land-
‘‘collaboratively developed’’ means, with respect 2031—
to a project located exclusively on National For- owners from participation in other public and
(1) $2,000,000,000 to award grants to Tribal, private sector financial incentive programs; and
est System land, that the project is developed State, or local governments or the government of (B) subsection (h) of that section shall not
and implemented through a collaborative proc- the District of Columbia, regional organizations, apply;
ess that— special districts, or nonprofit organizations to (11) $50,000,000 for the forest inventory and
(A) includes multiple interested persons rep- support, on non-Federal land, forest restoration analysis program established under section 3(e)
resenting diverse interests, except such persons and resilience projects, including projects to re- of the Forest and Rangeland Renewable Re-
shall not be employed by the Federal govern- duce the risk of wildfires and establish defen- sources Research Act of 1978 (16 U.S.C. 1642(e))
ment or be representatives of foreign entities; sible space around structures within at-risk for activities and tactics to accelerate and ex-
and communities (as defined in section 101 of the pand existing research efforts to improve forest
(B)(i) is transparent and nonexclusive; or Healthy Forests Restoration Act of 2003 (16 carbon monitoring technologies to better predict
(ii) meets the requirements for a resource advi- U.S.C. 6511)); changes in forest carbon due to climate change;
sory committee under subsections (c) through (f) (2) $1,000,000,000 to award grants to Tribal, (12) $100,000,000 for the forest inventory and
of section 205 of the Secure Rural Schools and State, or local governments or the government of analysis program established under section 3(e)
Community Self-Determination Act of 2000 (16 the District of Columbia, regional organizations, of the Forest and Rangeland Renewable Re-
U.S.C. 7125). special districts, or nonprofit organizations to sources Research Act of 1978 (16 U.S.C. 1642(e))
(3) DECOMMISSION.—The term ‘‘decommission’’ implement community wildfire protection plans to carry out recommendations from a panel of
means, with respect to a road— (as defined in section 101 of the Healthy Forests relevant experts convened by the Secretary that
(A) reestablishing native vegetation on the Restoration Act of 2003 (16 U.S.C. 6511)) in exist- has reviewed and, based on the review, issued
road; ence on the date of the enactment of this Act, recommendations regarding the current prior-
(B) restoring any natural drainage, watershed purchase firefighting equipment, provide fire- ities and future needs of the forest inventory
function, or other ecological processes that were fighter training, and increase the capacity for and analysis program with respect to climate
disrupted or adversely impacted by the road by planning, coordinating, and monitoring projects change, forest health, sustainable wood prod-
removing or hydrologically disconnecting the on non-Federal land to protect at-risk commu- ucts, and increasing carbon storage in forests;
road prism and reestablishing stable slope con- nities (as defined in section 101 of the Healthy (13) $50,000,000 for the forest inventory and
tours; and Forests Restoration Act of 2003 (16 U.S.C. 6511)); analysis program established under section 3(e)
(C) effectively blocking the road to vehicular (3) $250,000,000 to award grants to Tribal, of the Forest and Rangeland Renewable Re-
traffic, where feasible. State, or local governments or the government of sources Research Act of 1978 (16 U.S.C. 1642(e))
(4) ECOLOGICAL INTEGRITY.—The term ‘‘eco- the District of Columbia, regional organizations, to provide enhancements to the technology man-
logical integrity’’ has the meaning given the special districts, or nonprofit organizations for aged and used by the forest inventory and anal-
term in section 219.19 of title 36, Code of Federal projects on non-Federal land to aid in the recov- ysis program, including cloud computing and re-
Regulations (as in effect on the date of enact- ery and rehabilitation of burned forested areas, mote sensing for purposes such as small area es-
ment of this Act). including reforestation; timation;
(5) HAZARDOUS FUELS REDUCTION PROJECT.— (4) $175,000,000 to award grants to Tribal, (14) $775,000,000 to provide grants under the
The term ‘‘hazardous fuels reduction project’’ State, or local governments or the government of wood innovation grant program under section
means an activity, including the use of pre- the District of Columbia, regional organizations, 8643 of the Agriculture Improvement Act of 2018
scribed fire, to protect structures and commu- special districts, or nonprofit organizations for (7 U.S.C. 7655d), including for the construction
nities from wildfire that is carried out on Na- projects on non-Federal land to expand equi- of new facilities that advance the purposes of
tional Forest System land. table outdoor access and promote tourism on the program, subject to the conditions that the
(6) RESTORATION.—The term ‘‘restoration’’ non-Federal forested land for members of under- amount of such a grant shall be not more than
has the meaning given the term in section 219.19 served groups; $5,000,000; notwithstanding subsection (d) of
of title 36, Code of Federal Regulations (as in ef- (5) $150,000,000 for the State Fire Assistance that section, a recipient of such a grant shall
fect on the date of enactment of this Act). and Volunteer Fire Assistance programs estab- provide funds equal to not less than 50 percent
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(7) VEGETATION MANAGEMENT PROJECT.—The lished under the Cooperative Forestry Assist- of the amount received under the grant, to be
term ‘‘vegetation management project’’ means ance Act of 1978 (16 U.S.C. 2101 through 2114) to derived from non-Federal sources; and a priority
an activity carried out on National Forest Sys- be distributed at the discretion of the Secretary; shall be placed on projects that create a finan-
tem land to enhance the ecological integrity and (6) $150,000,000 for the implementation of cial model for addressing forest restoration
achieve the restoration of a forest ecosystem State-wide forest resource strategies under sec- needs on public or private forest land; and
through the removal of vegetation, the use of tion 2A of the Cooperative Forestry Assistance (15) $50,000,000 for the research mission area
prescribed fire, the restoration of aquatic habi- Act of 1978 (16 U.S.C. 2101a); of the Forest Service to carry out greenhouse
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6377
gas life cycle analyses of domestic wood prod- Subtitle C—Rural Development and 30, 2031, to carry out section 6407 of the Farm
ucts. Agricultural Credit and Outreach Security and Rural Investment Act of 2002 (7
(b) FUNDING FOR RESTORATION ON NON-FED- PART 1—RURAL DEVELOPMENT U.S.C. 8107a) and this section, subject to the
ERAL AREAS BY STATES.—The Secretary may use SEC. 12001. ADDITIONAL SUPPORT FOR USDA condition that the performance of any construc-
amounts made available by this section to carry RURAL WATER PROGRAMS. tion work completed with amounts provided
out eligible projects as determined by the Sec- In addition to amounts otherwise available, under this section meet the condition described
retary, authorized in subsection (a) on non-Fed- there is appropriated to the Secretary for fiscal in section 9003(f) of such Act (7 U.S.C. 8103(f)).
eral land upon the request of the Governor of year 2022, out of any money in the Treasury not (b) USE OF FUNDS.—
that State, or, in the case of the District of Co- otherwise appropriated, and notwithstanding (1) IN GENERAL.—Except as provided in para-
lumbia, the Mayor. sections 381E through 381H and 381N of the graph (2) of this subsection, at the election of an
(c) COST-SHARING REQUIREMENT.—Any part- Consolidated Farm and Rural Development Act eligible entity (as defined in section 6407(b) of
nership agreements, including cooperative (7 U.S.C. 2009d through 2009g and 2009m), the Farm Security and Rural Investment Act of
agreements and mutual interest agreements, $97,000,000, to remain available until September 2002 (7 U.S.C. 8107a(b))) to which a loan is made
using funds made available under this section 30, 2031, for the cost of grants for rural water under section 6407(c) of the Farm Security and
shall be subject to a non-Federal cost-share re- and waste water programs authorized by sec- Rural Investment Act of 2002 (7 U.S.C. 8107a(c)),
quirement of not less than 20 percent of the tions 306, 306C, and 306D and described in sec- the Secretary shall make a grant to the eligible
project cost, which may be waived at the discre- tions 306C(a)(2) and 306D of the Consolidated entity in an amount equal to not more than 5
tion of the Secretary. Farm and Rural Development Act in persistent percent of the loan amount for the purposes of
(d) LIMITATIONS.—Nothing in this section poverty counties (or, notwithstanding any pop- costs incurred in—
(A) applying for a loan received under section
shall be interpreted to authorize funds of the ulation limits specified in section 343 of the Con-
6407(c) of such Act;
Commodity Credit Corporation for activities solidated Farm and Rural Development Act, a
(B) making a loan under section 6407(d) of
under this section if such funds are not ex- county seat of a persistent poverty county with
such Act;
pressly authorized or currently expended for a population that does not exceed the author- (C) making repairs to the property of a quali-
such purposes. ized population limit by more than 10 percent), fied consumer that facilitate the energy effi-
SEC. 11003. STATE AND PRIVATE FORESTRY CON- Tribal lands, colonias, and insular areas, sub- ciency measures for the property financed
SERVATION PROGRAMS. ject to the condition that the performance of through a loan under section 6407(d) of such
(a) APPROPRIATIONS.—In addition to amounts any construction work completed with amounts Act;
otherwise available, there are appropriated to provided under this section meet the condition (D) entering into a contract under section
the Secretary for fiscal year 2022, out of any described in section 9003(f) of the Farm Security 6407(e) of such Act; or
money in the Treasury not otherwise appro- and Rural Investment Act of 2002 (7 U.S.C. (E) carrying out the duties of an eligible enti-
priated, to remain available until September 30, 8103(f)). ty under section 6407 of such Act.
2031— SEC. 12002. USDA RURAL WATER GRANTS FOR (2) PERSISTENT POVERTY COUNTIES.—In the
LEAD REMEDIATION. case that the grant is for the purpose of making
(1) $1,250,000,000 to provide competitive grants
In addition to amounts otherwise made avail- a loan under section 6407(d) of the Farm Secu-
to States through the Forest Legacy Program es-
able, there is appropriated to the Secretary for rity and Rural Investment Act of 2002 (7 U.S.C.
tablished under section 7 of the Cooperative
fiscal year 2022, out of any money in the Treas- 8107a(d)) to a qualified consumer (as defined in
Forestry Assistance Act of 1978 (16 U.S.C. 2103c)
ury not otherwise appropriated and notwith- section 6407(b) of such Act) in a persistent pov-
to acquire land and interests in land, with pri-
standing sections 381E through 381H and 381N erty county (as determined by the Secretary),
ority given to grant applications that offer sig-
of the Consolidated Farm and Rural Develop- the percentage limitation in paragraph (1) of
nificant natural carbon sequestration benefits,
ment Act (7 U.S.C. 2009d through 2009g and this subsection shall be 10 percent.
contribute to the resilience of community infra-
2009m), $970,000,000, to remain available until (c) LIMITATION.—The Secretary shall not
structure, local economies, or natural systems,
September 30, 2031, notwithstanding section enter into any loan agreement pursuant to this
or provide benefits to underserved populations;
306C(a)(2)(A) of the Consolidated Farm and section that could result in disbursements after
(2) $2,500,000,000 to provide multi-year, pro- Rural Development Act (7 U.S.C.
grammatic, competitive grants to a State agency, September 30, 2031, or any grant agreement pur-
1926c(a)(2)(A)), for grants under sections suant to this section that could result in any
a local governmental entity, and agency or gov- 306C(a)(1)(A) and 306(a)(2) of the Consolidated
ernmental entity of the District of Columbia, an outlays after September 30, 2031.
Farm and Rural Development Act (7 U.S.C. SEC. 12005. RURAL ENERGY FOR AMERICA PRO-
Indian Tribe, or a nonprofit organization 1926c(a)(1)(A) and 1926(a)(2)) for the purpose of GRAM.
through the Urban and Community Forestry As- replacement of service lines that contain lead,
sistance program established under section 9(c) (a) APPROPRIATION.—In addition to amounts
subject to the condition that the performance of otherwise available, there is appropriated to the
of the Cooperative Forestry Assistance Act of any construction work completed with amounts
1978 (16 U.S.C. 2105(c)) for tree planting and re- Secretary, out of any money in the Treasury not
provided under this section meet the condition otherwise appropriated, for eligible projects
lated activities to increase tree equity and com- described in section 9003(f) of the Farm Security
munity tree canopy and associated societal and under section 9007 of the Farm Security and
and Rural Investment Act of 2002 (7 U.S.C. Rural Investment Act of 2002 (7 U.S.C. 8107) and
climate co-benefits, with a priority for projects 8103(f)).
that benefit underserved populations; and subject to the conditions that the performance of
SEC. 12003. ADDITIONAL FUNDING FOR ELECTRIC any construction work completed with amounts
(3) $100,000,000 for the acquisition of urban LOANS FOR RENEWABLE ENERGY. provided under this subsection meet the condi-
and community forests through the Community (a) APPROPRIATION.—In addition to amounts tion described in section 9003(f) of such Act, and
Forest and Open Space Program of the Forest otherwise available, there is appropriated to the notwithstanding section 9007(c)(3)(A) of such
Service. Secretary for fiscal year 2022, out of any money Act, the amount of a grant shall not exceed 50
(b) WAIVER.—Any non-Federal cost-share re- in the Treasury not otherwise appropriated, percent of the cost of the activity carried out
quirement otherwise applicable to projects car- $2,880,000,000, to remain available until Sep- using the grant funds—
ried out under this section may be waived at the tember 30, 2031, for the cost of loans under sec- (1) $820,250,000 for fiscal year 2022, to remain
discretion of the Secretary. tion 317 of the Rural Electrification Act of 1936 available until September 30, 2031; and
SEC. 11004. LIMITATION. (7 U.S.C. 940g), including for projects that store (2) $180,276,500 for each of fiscal years 2023
The funds made available under this subtitle electricity that supports the types of eligible through 2027, to remain available until Sep-
are subject to the condition that the Secretary projects under such section, which shall be for- tember 30, 2031.
shall not— given in whole or in part based on how the bor- (b) UNDERUTILIZED RENEWABLE ENERGY TECH-
(1) enter into any agreement— rower and the project meets the terms and con- NOLOGIES.—In addition to amounts otherwise
(A) that is for a term extending beyond Sep- ditions for loan forgiveness consistent with the available, there is appropriated to the Secretary,
tember 30, 2031; or purposes of such section established by the Sec- out of any money in the Treasury not otherwise
retary, subject to the condition that the per- appropriated, to provide grants and loans guar-
(B) under which any payment could be
formance of any construction work completed anteed by the Secretary (including the costs of
outlaid or funds disbursed after September 30,
with amounts provided under this section meet such loans) under the program described in sub-
2031; or
the condition described in section 9003(f) of the section (a) of this section relating to underuti-
(2) use any other funds available to the Sec- Farm Security and Rural Investment Act of 2002 lized renewable energy technologies, and to pro-
retary to satisfy obligations initially made under (7 U.S.C. 8103(f)). vide technical assistance for applying to the
this subtitle. (b) LIMITATION.—The Secretary shall not program described in subsection (a) of this sec-
SEC. 11005. APPROPRIATIONS. enter into any loan agreement pursuant to this tion, including for underutilized renewable en-
In addition to amounts otherwise available, section that could result in disbursements after ergy technologies, subject to the conditions that
September 30, 2031.
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there is appropriated to the Secretary for fiscal the performance of any construction work com-
year 2022, out of any money in the Treasury not SEC. 12004. RURAL ENERGY SAVINGS PROGRAM. pleted with amounts provided under this sub-
otherwise appropriated, $200,000,000 to remain (a) APPROPRIATION.—In addition to amounts section meet the condition described in section
available until September 30, 2031, for adminis- otherwise available, there is appropriated to the 9003(f) of such Act and, notwithstanding section
trative costs of the agencies and offices of the Secretary for fiscal year 2022, out of any money 9007(c)(3)(A) of the Farm Security and Rural In-
Department of Agriculture for costs related to in the Treasury not otherwise appropriated, vestment Act of 2002 (7 U.S.C. 8107(c)(3)(A)), the
implementing this subtitle. $200,000,000, to remain available until September amount of a grant shall not exceed 50 percent of
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H6378 CONGRESSIONAL RECORD — HOUSE November 18, 2021
the cost of the activity carried out using the has the meaning given such term in section retary may award additional grants or funding
grant funds, and to the extent the following 9001(16) of the Farm Security and Rural Invest- under this subsection to implement activities
amounts remain available at the end of each fis- ment Act of 2002) and for carbon capture and pursuant to a rural development plan upon the
cal year, the Secretary shall use such amounts storage systems, that will achieve the greatest Secretary’s approval of the recipient’s plan and
in accordance with subsection (a) of this sec- reduction in greenhouse gas emissions associ- report on the use of each grant provided to the
tion— ated with rural electric systems using such as- recipient under this subsection.
(1) $144,750,000 for fiscal year 2022, to remain sistance and that will otherwise aid disadvan- (3) ELIGIBLE APPLICANTS.—The Secretary may
available until September 30, 2031; and taged rural communities (as determined by the make a grant under this subsection to a partner-
(2) $31,813,500 for each of fiscal years 2023 Secretary), subject to the condition that any ship no member of which has received a grant
through 2027, to remain available until Sep- construction work completed with amounts pro- under subsection (b) and that—
tember 30, 2031. vided under this section shall meet the condition (A) is composed of entities representing a re-
(c) LIMITATION.—The Secretary shall not described in section 9003(f) of the Farm Security gion composed of 1 or more rural areas, includ-
enter into any loan agreement pursuant to this and Rural Investment Act of 2002 (7 U.S.C. ing—
section that could result in disbursements after 8103(f)), when— (i) except as provided in subparagraph (B), 1
September 30, 2031 or any grant agreement pur- (1) making grants and loans (including the or more of—
suant to this section that could result in any cost of loans and modifications thereof) to pur- (I) a unit of local government;
outlays after September 30, 2031. chase renewable energy (as defined in section (II) a Tribal government; or
SEC. 12006. BIOFUEL INFRASTRUCTURE AND AG- 9001(15) of the Farm Security and Rural Invest- (III) an authority, agency, or instrumentality
RICULTURE PRODUCT MARKET EX- ment Act of 2002 (7 U.S.C. 8101(15))), purchase of an entity described in subclauses (I) or (II);
PANSION. and
renewable energy systems (as defined in section
(a) APPROPRIATION.—In addition to amounts 9001(16) of that Act (7 U.S.C. 8101(16))), and car- (ii) a qualified nonprofit or for-profit organi-
otherwise available, there is appropriated to the bon capture and storage systems, deploy such zation, as determined by the Secretary;
Secretary for fiscal year 2022, out of any money systems, or make energy efficiency improvements (B) does not include a member described in
in the Treasury not otherwise appropriated, after the date of enactment of this Act; and subparagraph (A)(i), but demonstrates signifi-
$960,000,000, to remain available until September (2) making grants for debt relief and other cant community support sufficient to support a
30, 2031, to carry out this section. costs associated with terminating, after the date likelihood of success on the proposed projects, as
(b) USE OF FUNDS.—The Secretary shall use determined by the Secretary; and
of enactment of this Act or up to one year prior
the amounts made available by subsection (a) to (C) demonstrates, as determined by the Sec-
to the date of enactment, the use of—
provide grants, for which the Federal share retary, cooperation among the members of the
(A) facilities operating on nonrenewable en-
shall be not more than 75 percent of the total partnership necessary to complete comprehen-
ergy; and
cost of carrying out a project for which the sive rural development, through aligning gov-
(B) related transmission assets.
grant is provided, on a competitive basis, to ernment investment, leveraging nongovern-
(b) LIMITATION.—No eligible entity may re-
transportation fueling facilities and distribution ceive an amount equal to more than 10 percent mental resources, building economic resilience,
facilities, including fueling stations, conven- of the total amount made available by this sec- and aiding economic recovery, including in com-
ience stores, hypermarket retailer fueling sta- tion. munities impacted by economic transitions and
tions, fleet facilities, as well as fuel terminal op- (c) PROHIBITION.—Nothing in this section climate change.
erations, mid-stream partners, and heating oil shall be interpreted to authorize funds of the (4) ELIGIBLE ACTIVITIES.—The use of grant
distribution facilities or equivalent entities, sub- Commodity Credit Corporation for activities funds provided under this subsection may be
ject to the condition that the performance of under this section if such funds are not ex- used for the following purposes, provided that,
any construction work completed with amounts pressly authorized or currently expended for where applicable, the performance of any con-
provided under this section shall meet the condi- such purposes. struction work completed with the grant funds
tion described in section 9003(f) of the Farm Se- shall meet the condition described in section
SEC. 12008. RURAL PARTNERSHIP PROGRAM.
curity and Rural Investment Act of 2002 (7 9003(f) of the Farm Security and Rural Invest-
U.S.C. 8103(f))— (a) RURAL PROSPERITY DEVELOPMENT ment Act of 2002 (7 U.S.C. 8103(f)):
(1) to install, retrofit, or otherwise upgrade GRANTS.— (A) Conducting comprehensive rural develop-
fuel dispensers or pumps and related equipment, (1) APPROPRIATION.—In addition to amounts ment and pre-development activities and plan-
storage tank system components, and other in- otherwise available, there is appropriated to the ning.
frastructure required at a location related to Secretary for fiscal year 2022, out of any money (B) Supporting organizational operating ex-
dispensing certain biofuels blends to ensure the in the Treasury not otherwise appropriated, penses relating to the rural development activi-
increased sales of fuels with high levels of com- $873,000,000, to remain available until September ties for which the grant was provided.
modity-based ethanol and biodiesel that are at 30, 2031, to provide grants to support rural de- (C) Implementing planned rural development
or greater than the levels required in the Notice velopment under this subsection, subject to the activities and projects.
of Funding Availability for the Higher Blends condition that the recipient of a grant under (5) LIMITATION.—Not more than 25 percent of
Infrastructure Incentive Program for Fiscal this subsection shall contribute a non-Federal amounts received by a recipient of a grant
Year 2020, published in volume 85 of the Federal match of 25 percent of the amount of the grant, under this subsection may be used to satisfy a
Register (85 Fed. Reg. 26656), as determined by which may be satisfied through an in-kind con- Federal matching requirement.
the Secretary; and tribution, except that the Secretary may waive (b) RURAL PROSPERITY INNOVATION GRANTS.—
(2) to build and retrofit distribution systems such matching requirement on a finding that In addition to amounts otherwise available,
for ethanol blends, traditional and pipeline bio- the recipient of the applicable grant is economi- there is appropriated to the Secretary for fiscal
diesel terminal operations (including rail lines), cally distressed. year 2022, out of any money in the Treasury not
and home heating oil distribution centers or (2) ALLOCATION OF FUNDS.— otherwise appropriated, $97,000,000, to remain
equivalent entities— (A) FORMULA.—The Secretary shall establish available until September 30, 2031, to provide
(A) to blend biodiesel; and a formula pursuant to which the Secretary shall grants to entities that have not received a grant
(B) to carry ethanol and biodiesel. allocate, for each State and for Tribal govern- under subsection (a) and that is a qualified
(c) LIMITATION.—The Secretary may not limit ments, an amount to be provided under this sub- nonprofit corporation that serves rural areas (as
the amount of funding an eligible entity may re- section to eligible applicants described in para- determined by the Secretary) or an institution of
ceive under this section. graph (3). higher education that serves rural areas (as de-
SEC. 12007. USDA ASSISTANCE FOR RURAL ELEC- (B) REQUIREMENTS.— termined by the Secretary), subject to the condi-
TRIC COOPERATIVES. (i) FORMULA.—The formula established under tion that the recipient of such grant shall con-
(a) APPROPRIATION.—In addition to amounts subparagraph (A) shall include a graduated tribute a non-Federal match of 20 percent of the
otherwise available, there is appropriated to the scale for the amount to be allocated under this amount of the grant, which may be used—
Secretary for fiscal year 2022, out of any money subsection for eligible applicants in each State (1) to support activities of the recipient relat-
in the Treasury not otherwise appropriated, and eligible applicants of Tribal governments, ing to—
$9,700,000,000, to remain available until Sep- with higher amounts provided based on lower (A) development and predevelopment planning
tember 30, 2031, for the long-term resiliency, reli- populations and lower income levels, as deter- aspects of rural development; and
ability, and affordability of rural electric sys- mined by the Secretary. (B) organizational capacity-building nec-
tems, by providing to an eligible entity (defined (ii) AWARD.—In awarding grants under this essary to support the rural development activi-
as an electric cooperative described in section subsection to eligible applicants in each State ties funded by the grant; and
501(c)(12) or 1381(a)(2) of the Internal Revenue and eligible applicants of Tribal governments, (2) to support the recipient of a grant under
Code of 1986 and is or has been a Rural Utilities the Secretary shall give priority to eligible appli- subsection (a) in carrying out activities for
Service electric loan borrower pursuant to the cants representing a micropolitan statistical which that grant was provided.
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Rural Electrification Act of 1936 or serving a area (as defined by the Office of Management (c) DEFINITIONS.—In this section:
predominantly rural area) assistance under and Budget in OMB Bulletin No. 20-01 (effective (1) RURAL AREA.—The term ‘‘rural area’’ has
paragraphs (1) and (2) by awarding such assist- March 2020) and any subsequent updates) and 1 the meaning given the term in section
ance to eligible entities for purposes described in or more rural areas contiguous to that 343(a)(13)(C) of the Consolidated Farm and
section 310B(a)(2)(C) of the Consolidated Farm micropolitan statistical area or eligible appli- Rural Development Act (7 U.S.C. 1991(a)(13)(C)).
and Rural Development Act (provided that the cants representing high poverty areas (as deter- (2) STATE.—The term ‘‘State’’ has the meaning
term renewable energy system in that paragraph mined by the Secretary) provided that the Sec- given the term in section 1404 of the National
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6379
Agricultural Research, Extension, and Teaching ‘‘(I) in the 1990 or 2000 decennial census; or (including heirs’ property and fractionated land
Policy Act of 1977 (7 U.S.C. 3103). ‘‘(II) in the Small Area Income and Poverty issues) for underserved farmers, ranchers, and
SEC. 12009. ADDITIONAL USDA RURAL DEVELOP- Estimates of the Bureau of the Census for the forest landowners, including veterans, limited
MENT ADMINISTRATIVE FUNDS. most recent year for which the Estimates are resource producers, beginning farmers and
In addition to amounts otherwise available, available as of the date of enactment of the Act ranchers, and farmers, ranchers, and forest
there is appropriated to the Secretary for fiscal entitled ‘An Act to provide for reconciliation landowners living in high poverty areas.
year 2022, out of any money in the Treasury not pursuant to title II of S. Con. Res. 14’; ‘‘(c) EQUITY COMMISSIONS.—In addition to
otherwise appropriated, $553,000,000, to remain ‘‘(ii) in a ZIP Code with a poverty rate of not amounts otherwise available, there is appro-
available until September 30, 2031, for adminis- less than 20 percent, as determined by the Sec- priated to the Secretary of Agriculture for fiscal
trative costs and salaries and expenses for the retary; or year 2022, to remain available until September
Rural Development mission area and expenses ‘‘(iii) on land held in trust by the United 30, 2031, out of any money in the Treasury not
of the agencies and offices of the Department States for the benefit of an Indian Tribe or an otherwise appropriated, $10,000,000 to fund the
for costs related to implementing this part. individual Indian; activities of one or more equity commissions that
‘‘(D) owes more interest than principal with will address racial equity issues within the De-
PART 2—AGRICULTURAL CREDIT AND
respect to an eligible farm debt as of July 31, partment of Agriculture and the programs of the
OUTREACH
2021; Department of Agriculture.
SEC. 12101. ASSISTANCE FOR CERTAIN FARM ‘‘(d) RESEARCH, EDUCATION, AND EXTEN-
‘‘(E) is undergoing bankruptcy or foreclosure
LOAN BORROWERS. SION.—In addition to amounts otherwise avail-
or is in other financially distressed categories,
Section 1005 of the American Rescue Plan Act able, there is appropriated to the Secretary of
as determined by the Secretary, as of July 31,
of 2021 (Public Law 117–2) is amended to read as Agriculture for fiscal year 2022, to remain avail-
2021;
follows: ‘‘(F) received a Department of Agriculture dis- able until September 30, 2031, out of any money
‘‘SEC. 1005. ASSISTANCE FOR CERTAIN FARM aster set aside after January 1, 2020; in the Treasury not otherwise appropriated,
LOAN BORROWERS. $189,000,000 to support and supplement agricul-
‘‘(G) has restructured an eligible farm debt 3
‘‘(a) APPROPRIATIONS.—In addition to or more times as of July 31, 2021; or tural research, education, and extension, as well
amounts otherwise available, there are appro- ‘‘(H) has restructured an eligible farm debt on as scholarships and programs that provide in-
priated to the Secretary for fiscal year 2022, out or after January 1, 2020. ternships and pathways to agricultural sector or
of amounts in the Treasury not otherwise ap- ‘‘(2) ELIGIBLE FARM DEBT.— Federal employment, for 1890 Institutions (as
propriated, to remain available until September ‘‘(A) IN GENERAL.—The term ‘eligible farm defined in section 2 of the Agricultural, Re-
30, 2031— debt’ means a debt owed to the United States by search, Extension, and Education Reform Act of
‘‘(1) such sums as may be necessary for the a farmer or rancher that was issued as a direct 1998 (7 U.S.C. 7601)), 1994 Institutions (as de-
cost of payments under subsection (b); and loan administered by the Farm Service Agency fined in section 532 of the Equity in Educational
‘‘(2) $1,020,000,000 to provide payments or loan under subtitle A, B, or C of the Consolidated Land-Grant Status Act of 1994 (7 U.S.C. 301
modifications or otherwise carry out the au- Farm and Rural Development Act (7 U.S.C. 1922 note; Public Law 103–382)), Alaska Native serv-
thorities under section 331(b)(4) of the Consoli- through 1970) and was outstanding or otherwise ing institutions and Native Hawaiian serving
dated Farm and Rural Development Act (7 not paid as of December 31, 2020, or July 31, institutions eligible to receive grants under sub-
U.S.C. 1981(b)(4)), using a centralized process 2021. sections (a) and (b), respectively, of section
administered from the national office, for Farm ‘‘(B) AMOUNT.—The amount of eligible farm 1419B of the National Agricultural Research,
Service Agency direct loan and loan guarantee debt with respect to a borrower shall be equal to Extension, and Teaching Policy Act of 1977 (7
borrowers, focusing on borrowers who are at the amount of eligible farm debt outstanding as U.S.C. 3156), Hispanic-serving institutions eligi-
risk (as determined by the Secretary of Agri- of a date determined by the Secretary, but no ble to receive grants under section 1455 of the
culture using factors that may include whether sooner than the date of enactment of the Act en- National Agricultural Research, Extension, and
the borrower is a limited resource farmer or titled ‘An Act to provide for reconciliation pur- Teaching Policy Act of 1977 (7 U.S.C. 3241), and
rancher, the amount of payments received by suant to title II of S. Con Res. 14’, plus the total the insular area institutions of higher education
the borrower during calendar years 2020 and of all loan payments on eligible farm debt made located in the territories of the United States, as
2021 under the Coronavirus Food Assistance by the borrower in calendar year 2021. referred to in section 1489 of the National Agri-
Program of the Department of Agriculture, and ‘‘(3) SECRETARY.—The term ‘Secretary’ means cultural Research, Extension, and Teaching
other factors, as determined by the Secretary). the Secretary of Agriculture. Policy Act of 1977 (7 U.S.C. 3361).
‘‘(b) PAYMENTS.— ‘‘(d) LIMITATION.—The Secretary shall not ‘‘(e) DISCRIMINATION FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall provide enter into any loan agreement pursuant to this In addition to amounts otherwise available,
a payment in an amount up to 100 percent of section that could result in disbursements after there is appropriated to the Secretary of Agri-
the outstanding indebtedness of each economi- September 30, 2031 or any grant agreement pur- culture for fiscal year 2022, to remain available
cally distressed borrower on eligible farm debt. suant to this section that could result in any until September 30, 2031, out of any money in
‘‘(2) OTHER PAYMENTS.— the Treasury not otherwise appropriated,
outlays after September 30, 2031.’’.
‘‘(A) IN GENERAL.—For each farmer and $750,000,000 for a program to provide financial
SEC. 12102. USDA ASSISTANCE AND SUPPORT FOR
rancher with outstanding indebtedness on eligi- assistance to farmers, ranchers, or forest land-
UNDERSERVED FARMERS, RANCH-
ble farm debt that does not qualify for a pay- ERS, AND FORESTERS. owners determined to have experienced discrimi-
ment under paragraph (1), the Secretary shall Section 1006 of the American Rescue Plan Act nation prior to January 1, 2021, in Department
provide a payment that is equal to, subject to of 2021 (Public Law 117–2) is amended to read as of Agriculture farm lending programs, under
subparagraph (B), the lesser of— follows: which the amount of financial assistance pro-
‘‘(i) the amount of the outstanding indebted-
‘‘SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR vided to a recipient may be not more than
ness of the farmer or rancher on eligible farm
UNDERSERVED FARMERS, RANCH- $500,000 as appropriate in relation to any con-
debt; and ERS, FORESTERS. sequences experienced from the discrimination,
‘‘(ii) $150,000.
‘‘(a) TECHNICAL AND OTHER ASSISTANCE.—In which program shall be administered through 1
‘‘(B) REDUCTION.—A payment determined
addition to amounts otherwise available, there or more qualified nongovernmental entities se-
under subparagraph (A) shall be reduced by the
is appropriated to the Secretary of Agriculture lected by the Secretary subject to standards set
amount equal to the sum obtained by adding—
‘‘(i) the total of the payments received by the for fiscal year 2022, to remain available until and enforced by the Secretary, subject to the
farmer or rancher during calendar year 2020 September 30, 2031, out of any money in the condition that any selected entity administering
pursuant to the Coronavirus Food Assistance Treasury not otherwise appropriated, the program shall return the funds to the Sec-
Program of the Department of Agriculture; and $200,000,000 to provide outreach, mediation, fi- retary on the request of the Secretary if the
‘‘(ii) the total of the payments received by the nancial training, capacity building training, co- standards are not adequately carried out or the
farmer or rancher during calendar years 2018 operative development and agricultural credit administration of the program is not otherwise
and 2019 pursuant to the Market Facilitation training and support, and other technical as- sufficient or if any funds provided to the se-
Program of the Department of Agriculture. sistance on issues concerning food, agriculture, lected entity are not distributed on the date that
‘‘(c) DEFINITIONS.—In this section: agricultural credit, agricultural extension, rural is 5 years after the date of enactment of the Act
‘‘(1) ECONOMICALLY DISTRESSED BORROWER.— development, or nutrition to underserved farm- entitled ‘An Act to provide for reconciliation
The term ‘economically distressed borrower’ ers, ranchers, or forest landowners, including pursuant to title II of S. Con. Res. 14’, and any
means a farmer or rancher that, as determined veterans, limited resource producers, beginning such returned funds shall be available for obli-
by the Secretary— farmers and ranchers, and farmers, ranchers, gation for any activity authorized under this
‘‘(A) was 90 days or more delinquent with re- and forest landowners living in high poverty section, except subsections (c) and (f).
spect to an eligible farm debt as of April 30, 2021; areas. ‘‘(f) ADMINISTRATIVE COSTS.—In addition to
‘‘(B) was 90 days or more delinquent with re- ‘‘(b) LAND LOSS ASSISTANCE.—In addition to amounts otherwise available, there is appro-
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spect to an eligible farm debt as of December 31, amounts otherwise available, there is appro- priated to the Secretary of Agriculture for fiscal
2020; priated to the Secretary of Agriculture for fiscal year 2022, to remain available until September
‘‘(C) operates a farm or ranch whose head- year 2022, to remain available until September 30, 2031, out of any money in the Treasury not
quarters of operation, as determined by the Sec- 30, 2031, out of any money in the Treasury not otherwise appropriated, $35,000,000 for adminis-
retary, location is— otherwise appropriated, $200,000,000 to provide trative costs, including training employees, of
‘‘(i) in a county with a poverty rate of not less grants and loans to eligible entities, as deter- the agencies and offices of the Department of
than 20 percent, as determined— mined by the Secretary, to improve land access Agriculture to carry out this section.
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H6380 CONGRESSIONAL RECORD — HOUSE November 18, 2021
‘‘(g) LIMITATION.—The funds made available 3(c)(2)(A) of that Act (7 U.S.C. 390a(c)(2)(A)), Subtitle E—Miscellaneous
under subsection (d) are subject to the condition the recipient of a grant provided using those SEC. 14001. ADDITIONAL SUPPORT FOR USDA OF-
that the Secretary shall not— amounts shall not be required to provide any FICE OF THE INSPECTOR GENERAL.
‘‘(1) enter into any agreement— non-Federal share of total funding provided In addition to amounts otherwise made avail-
‘‘(A) that is for a term extending beyond Sep- under this subparagraph; able, there is appropriated to the Office of the
tember 30, 2031; or (C) for the scholarships for students at 1890 Inspector General of the Department of Agri-
‘‘(B) under which any payment could be Institutions grant program under section 1446 of culture for fiscal year 2022, out of any money in
outlaid or funds disbursed after September 30, the National Agricultural Research, Extension, the Treasury not otherwise appropriated,
2031; or and Teaching Policy Act of 1977 (7 U.S.C. $5,000,000 to remain available until September
‘‘(2) use any other funds available to the Sec- 3222a), $100,000,000 for fiscal year 2022, to carry 30, 2031, for audits, investigations, and other
retary to satisfy obligations initially made under out such program in fiscal years 2024 through oversight activities of projects and activities car-
subsection (d).’’. 2031; ried out with funds made available to the De-
Subtitle D—Research and Urban Agriculture (D) for grants to land-grant colleges and uni- partment of Agriculture under this title.
versities to support Tribal students under sec-
SEC. 13001. DEPARTMENT OF AGRICULTURE RE- SEC. 14002. ADDITIONAL SUPPORT FOR FARM-
tion 1450 of that Act (7 U.S.C. 3222e), $15,000,000 WORKER AND FOOD WORKER RELIEF
SEARCH FUNDING.
for fiscal year 2022, and for purposes of this sub- GRANT PROGRAM.
(a) APPROPRIATIONS.—In addition to amounts paragraph, section 1450(b)(4) of such Act shall
otherwise available, there are appropriated to In addition to amounts otherwise available,
not apply; and there is appropriated to the Secretary of Agri-
the Secretary, out of any money in the Treasury (E) for the Higher Education Multicultural
not otherwise appropriated, to remain available culture for fiscal year 2022 to remain available
Scholars Program carried out pursuant to sec- until September 30, 2031, out of any money in
until September 30, 2031— tion 1417 of that Act (7 U.S.C. 3152), $15,000,000
(1) to the National Agricultural Statistics the Treasury not otherwise appropriated,
for fiscal year 2022; $200,000,000 to provide additional funds to the
Service, for measurements, a survey, and data (3) to the Office of the Chief Scientist, to carry
collection to conduct the study required under Secretary for the Farmworker and Food Worker
out advanced research and development relating
section 7212(b) of the Agriculture Improvement Relief Grant Program of the Agricultural Mar-
to climate through the Agriculture Advanced
Act of 2018 (Public Law 115–334; 132 Stat. 4812), keting Service to provide additional COVID–19
Research and Development Authority under sec-
which shall be completed not later than Decem- assistance relief payments for frontline grocery
tion 1473H of the National Agricultural Re-
ber 31, 2022, $5,000,000 for fiscal year 2022; workers.
search, Extension, and Teaching Policy Act of
(2) to the National Institute of Food and Agri- 1977 (7 U.S.C. 3319k), $30,000,000 for fiscal year Subtitle F—Conservation
culture— 2022; SEC. 15001. SOIL CONSERVATION ASSISTANCE.
(A) to fund agricultural education, extension, (4) to the Foundation for Food and Agri- (a) APPROPRIATION.—In addition to amounts
and research relating to climate change— culture Research, to carry out activities relating otherwise available, there are appropriated to
(i) through the Agriculture and Food Re- to climate change in accordance with section the Secretary of Agriculture (referred to in this
search Initiative established by subsection (b) of 7601 of the Agricultural Act of 2014 (7 U.S.C. section as the ‘‘Secretary’’) for each of fiscal
the Competitive, Special, and Facilities Re- 5939), to be considered as provided pursuant to years 2022 through 2028, out of any money in
search Grant Act (7 U.S.C. 3157(b)), $210,000,000 subsection (g)(1)(A) of such section, $210,000,000 the Treasury not otherwise appropriated, such
for fiscal year 2022; for fiscal year 2022; sums as are necessary to carry out this section,
(ii) through the sustainable agriculture re- (5) to the Office of Urban Agriculture and In- to remain available until expended, subject to
search education program established under sec- novative Production, to carry out activities in the conditions that, for purposes of providing
tions 1619, 1621, 1622, 1628, and 1629 of the Food, accordance with section 222 of the Department payments under subsections (b), (c), and (d), the
Agriculture, Conservation, and Trade Act of of Agriculture Reorganization Act of 1994 (7 Secretary shall not—
1990 (7 U.S.C. 5801, 5811, 5812, 5831, 5832), U.S.C. 6923), $10,000,000 for fiscal year 2022. (1) enter into any agreement—
$120,000,000 for fiscal year 2022; (b) DEFINITIONS.—In this section: (A) that is for a term extending beyond Sep-
(iii) through the organic agriculture research (1) COVERED INSTITUTION.—The term ‘‘covered tember 30, 2031; or
and extension initiative established under sec- institution’’ means— (B) under which any payment could be
tion 1672B of the Food, Agriculture, Conserva- (A) an 1890 Institution (as defined in section outlaid or funds disbursed after September 30,
tion, and Trade Act of 1990 (7 U.S.C. 5925b), 2 of the Agricultural Research, Extension, and 2031;
$60,000,000 for fiscal year 2022; Education Reform Act of 1998 (7 U.S.C. 7601)); (2) use any other funds available to the Sec-
(iv) through the urban, indoor, and other (B) a 1994 Institution (as defined in section
retary to satisfy obligations initially made under
emerging agricultural production research, edu- 532 of the Equity in Educational Land-Grant
this section; or
cation, and extension initiative established Status Act of 1994 (7 U.S.C. 301 note; Public (3) interpret this section to authorize funds of
under section 1672E of the Food, Agriculture, Law 103–382)); the Commodity Credit Corporation for such pay-
Conservation, and Trade Act of 1990 (7 U.S.C. (C) an Alaska Native serving institution or
ments if such funds are not expressly authorized
5925g), $5,000,000 for fiscal year 2022; Native Hawaiian serving institution eligible to
or currently expended for such purposes.
(v) through the centers of excellence led by receive grants under subsections (a) and (b), re-
(b) AVAILABILITY OF PAYMENTS TO PRO-
1890 Institutions established under section spectively, of section 1419B of the National Agri-
DUCERS.—
1673(d) of the Food, Agriculture, Conservation, cultural Research, Extension, and Teaching
(1) IN GENERAL.—Of the funds made available
and Trade Act of 1990 (7 U.S.C. 5926(d)), Policy Act of 1977 (7 U.S.C. 3156);
under subsection (a), for each of the 2022
(D) Hispanic-serving agricultural colleges and
$5,000,000 for fiscal year 2022; through 2026 crop years, the Secretary shall
universities and Hispanic-serving institutions
(vi) through the specialty crop research and make payments to the producers on a farm for
(as those terms are defined in section 1404 of the
extension initiative established by section 412 of which the producer establishes 1 or more cover
National Agricultural Research, Extension, and
the Agricultural Research, Extension, and Edu- crop practices with respect to the applicable
Teaching Policy Act of 1977 (7 U.S.C. 3103));
cation Reform Act of 1998 (7 U.S.C. 7632), (E) an eligible institution (as defined in sec- crop year, as determined by the Secretary, in ac-
$60,000,000 for fiscal year 2022; tion 1489 of the National Agricultural Research, cordance with this subsection, subject to the
(vii) through the cooperative extension under Extension, and Teaching Policy Act of 1977 (7 condition that a producer receiving a payment
the Smith-Lever Act (7 U.S.C. 341 through 349) U.S.C. 3361) (relating to institutions of higher shall not receive a payment under any other
for agricultural extension activities and re- education in insular areas)); and provision of law for the same practices on the
search relating to climate change, technical as- (F) the University of the District of Columbia same acres.
sistance, and technology adoption, $80,000,000 established pursuant to the Act of July 2, 1862 (2) PAYMENT RATE.—The payment rate used to
for fiscal year 2022; (commonly known as the ‘‘First Morrill Act’’) (7 make payments with respect to a producer who
(viii) through the cooperative extension at U.S.C. 301 through 309). establishes 1 or more cover crop practices under
1994 Institutions in accordance with section (2) STATE.—The term ‘‘State’’ has the meaning paragraph (1) shall be $25 per acre of cover crop
3(b)(3) of the Smith-Lever Act (7 U.S.C. given the term in section 1404 of the National established.
343(b)(3)), $35,000,000 for fiscal year 2022; and Agricultural Research, Extension, and Teaching (3) ACRES ESTABLISHED.—The acres for which
(ix) through the cooperative extension at 1890 Policy Act of 1977 (7 U.S.C. 3103). a producer receives the payment rate under
Institutions under section 1444 of the National SEC. 13002. LIMITATION. paragraph (2) shall be equal to the total number
Agricultural Research, Extension, and Teaching The funds made available under this subtitle of acres on which the producer establishes 1 or
Policy Act of 1977 (7 U.S.C. 3221), $40,000,000 for are subject to the condition that the Secretary more cover crop practices, not to exceed 1,000
fiscal year 2022; shall not— acres per producer.
(B) for grants to covered institutions for con- (1) enter into any agreement— (c) AVAILABILITY OF PAYMENTS TO FARM
struction, alteration, acquisition, moderniza- (A) that is for a term extending beyond Sep- OWNERS.—
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tion, renovation, or remodeling of agricultural tember 30, 2031; or (1) IN GENERAL.—Of the funds made available
research facilities, including related building (B) under which any payment could be under subsection (a), for each of the 2022
costs associated with compliance with applicable outlaid or funds disbursed after September 30, through 2026 crop years, the Secretary shall
Federal and State law, under section 4 of the 2031; or make payments to the owners of a farm with re-
Research Facilities Act (7 U.S.C. 390b), (2) use any other funds available to the Sec- spect to which a producer establishes 1 or more
$1,000,000,000 for fiscal year 2022, subject to the retary to satisfy obligations initially made under cover crop practices pursuant to subsection (b),
condition that notwithstanding section this subtitle. in accordance with this subsection, subject to
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6381
the condition that an owner of a farm may not (ii) $500,000,000 for fiscal year 2023; (i) shall prioritize partnership agreements
receive a payment under this subsection and (iii) $1,750,000,000 for fiscal year 2024; under section 1271C(d) of the Food Security Act
subsection (b) for the same farm or acres, as de- (iv) $3,000,000,000 for fiscal year 2025; and of 1985 (16 U.S.C. 3871c(d)) that support the im-
termined by the Secretary. (v) $3,450,000,000 for fiscal year 2026; and plementation of conservation projects that assist
(2) PAYMENT RATE.—The payment rate used to (B) subject to the conditions on the use of the agricultural producers and nonindustrial pri-
make payments under paragraph (1) with re- funds that— vate forestland owners in directly improving soil
spect to the owner of a farm shall be $5 per acre (i) section 1240B(f)(1) of the Food Security Act carbon or reducing nitrogen losses or green-
of cover crop established. of 1985 (16 U.S.C. 3839aa–2(f)(1)) shall not house gas emissions, or capturing or seques-
(3) ACRES ESTABLISHED.—The acres for which apply; tering greenhouse gas emissions, associated with
the owner of a farm receives the payment rate (ii) section 1240H(c)(2) of the Food Security agricultural production;
under paragraph (2) shall be equal to the total Act of 1985 (16 U.S.C. 3839aa–8(c)(2)) shall be (ii) shall prioritize projects and activities that
number of acres for which the applicable pro- applied— mitigate or address climate change through the
ducer establishes 1 or more cover crop practices, (I) by substituting ‘‘$50,000,000’’ for management of agricultural production, includ-
not to exceed 1,000 acres per owner. ‘‘$25,000,000’’; and ing by reducing or avoiding greenhouse gas
(d) AVAILABILITY OF PAYMENTS FOR PRE- (II) with the Secretary prioritizing proposals emissions; and
VENTED PLANTING.— that utilize diet and feed management to reduce (iii) may prioritize projects that—
(1) IN GENERAL.—Of the funds made available enteric methane emissions from ruminants; (I) leverage corporate supply chain sustain-
under subsection (a) and in addition to any (iii) the funds shall be available for 1 or more ability commitments; or
other payments or assistance, for the 2022 agricultural conservation practices or enhance- (II) utilize models that pay for outcomes from
through 2026 crop years, the Secretary shall ments that the Secretary determines directly im- targeting methane and nitrous oxide emissions
make payments in accordance with this sub- prove soil carbon or reduce nitrogen losses or associated with agricultural production systems.
section to producers on farms who establish 1 or greenhouse gas emissions, or capture or seques- (b) CONDITIONS.—The funds made available
more cover crop practices pursuant to subsection ter greenhouse gas emissions, associated with under this section are subject to the conditions
(b). agricultural production; and that the Secretary shall not—
(2) REQUIREMENTS.—To receive a payment (iv) the Secretary shall prioritize projects and (1) enter into any agreement—
under this subsection, a producer— activities that mitigate or address climate (A) that is for a term extending beyond Sep-
(A) shall have— change through the management of agricultural tember 30, 2031; or
(i) purchased a crop insurance policy or plan production, including by reducing or avoiding (B) under which any payment could be
of insurance under section 508(c) of the Federal greenhouse gas emissions; outlaid or funds disbursed after September 30,
Crop Insurance Act (7 U.S.C. 1508(c)) for the ap- (2) to carry out, using the facilities and au- 2031; or
plicable crop year following the establishment of thorities of the Commodity Credit Corporation, (2) use any other funds available to the Sec-
the cover crop practice, as determined by the the conservation stewardship program under retary to satisfy obligations initially made under
Secretary; subchapter B of that chapter (16 U.S.C. 3839aa– this section.
(ii) established a cover crop practice pursuant 21 through 3839aa–25)— (c) CONFORMING AMENDMENTS.—
to subsection (b) on the farm for which the in- (A)(i) $250,000,000 for fiscal year 2022; (1) Section 1240B of the Food Security Act of
surance described in clause (i) was purchased, (ii) $500,000,000 for fiscal year 2023; 1985 (16 U.S.C. 3839aa–2) is amended—
as determined by the Secretary; and (iii) $850,000,000 for fiscal year 2024; (A) in subsection (a), by striking ‘‘2023’’ and
(iii) been unable to plant the crop for which (iv) $1,000,000,000 for fiscal year 2025; and inserting ‘‘2031’’; and
insurance was purchased; and (v) $1,500,000,000 for fiscal year 2026; and (B) in subsection (f)(2)(B)—
(i) in the subparagraph heading, by striking
(B) as determined by the Secretary, shall (B) subject to the conditions on the use of the
‘‘2023’’ and inserting ‘‘2031’’; and
not— funds that—
(ii) by striking ‘‘2023’’ and inserting ‘‘2031’’.
(i) harvest the cover crop for market or sale; (i) the funds shall only be available for—
(2) Section 1240H of the Food Security Act of
(ii) harvest the cover crop for seed for pur- (I) 1 or more agricultural conservation prac-
1985 (16 U.S.C. 3839aa–8) is amended by striking
poses of marketing or sale, except that a quan- tices or enhancements that the Secretary deter-
‘‘2023’’ each place it appears and inserting
tity may be harvested for seed for on-farm usage mines directly improve soil carbon or reduce ni-
‘‘2031’’.
only; or trogen losses or greenhouse gas emissions, or (3) Section 1240J(a) of the Food Security Act
(iii) otherwise use the acres for which pay- capture or sequester greenhouse gas emissions, of 1985 (16 U.S.C. 3839aa–22(a)) is amended, in
ments are received under this subsection for any associated with agricultural production; or the matter preceding paragraph (1), by striking
unapproved uses or other uses that seek to de- (II) State-specific or region-specific groupings ‘‘2023’’ and inserting ‘‘2031’’.
feat or undermine the purposes of this section. or bundles of agricultural conservation activities (4) Section 1240L(h)(2)(A) of the Food Security
(3) PAYMENT AMOUNT.—The Secretary shall for climate change mitigation appropriate for Act of 1985 (16 U.S.C. 3839aa–24(h)(2)(A)) is
make payments to producers under this sub- cropland, pastureland, rangeland, nonindus- amended by striking ‘‘2023’’ and inserting
section in an amount equal to the product ob- trial private forest land, and producers ‘‘2031’’.
tained by multiplying— transitioning to organic or perennial production (5) Section 1241 of the Food Security Act of
(A) the total number of acres for which the systems; and 1985 (16 U.S.C. 3841) is amended—
producer is eligible to receive a payment under (ii) the Secretary shall prioritize projects and (A) in subsection (a)—
this subsection; and activities that mitigate or address climate (i) in the matter preceding paragraph (1), by
(B) the difference between— change through the management of agricultural striking ‘‘2023’’ and inserting ‘‘2031’’;
(i) 100 percent of the prevented planting guar- production, including by reducing or avoiding (ii) in paragraph (1), by striking ‘‘2023’’ each
antee, calculated without regard to the estab- greenhouse gas emissions; place it appears and inserting ‘‘2031’’;
lishment of the cover crop practices pursuant to (3) to carry out, using the facilities and au- (iii) in paragraph (2)(F), by striking ‘‘2023’’
subsection (b), applicable for the insurance pol- thorities of the Commodity Credit Corporation, and inserting ‘‘2031’’; and
icy purchased by the producer under section the agricultural conservation easement program (iv) in paragraph (3), by striking ‘‘fiscal year
508A of the Federal Crop Insurance Act (7 under subtitle H of title XII of that Act (16 2023’’ each place it appears and inserting ‘‘each
U.S.C. 1508a), as determined by the Secretary; U.S.C. 3865 through 3865d)— of fiscal years 2023 through 2031’’;
and (A)(i) $100,000,000 for fiscal year 2022; (B) in subsection (b), by striking ‘‘2023’’ and
(ii) the prevented planting indemnity payment (ii) $200,000,000 for fiscal year 2023; inserting ‘‘2031’’; and
received by the producer under that section and (iii) $300,000,000 for fiscal year 2024; (C) in subsection (h)—
the policy purchased by the producer for the ap- (iv) $500,000,000 for fiscal year 2025; and (i) in paragraph (1)(B), in the subparagraph
plicable crop, as determined by the Secretary. (v) $600,000,000 for fiscal year 2026; and heading, by striking ‘‘2023’’ and inserting ‘‘2031’’;
SEC. 15002. ADDITIONAL AGRICULTURAL CON- (B) subject to the condition on the use of the and
SERVATION INVESTMENTS. funds that the Secretary shall prioritize projects (ii) by striking ‘‘2023’’ each place it appears
(a) APPROPRIATIONS.—In addition to amounts and activities that mitigate or address climate and inserting ‘‘2031’’.
otherwise available (and subject to subsection change through the management of agricultural (6) Section 1244(n)(3)(A) of the Food Security
(b)), there are appropriated to the Secretary of production, including by reducing or avoiding Act of 1985 (16 U.S.C. 3844(n)(3)(A)) is amended
Agriculture (referred to in this section as the greenhouse gas emissions; and by striking ‘‘2023’’ and inserting ‘‘2031’’.
‘‘Secretary’’), out of any money in the Treasury (4) to carry out, using the facilities and au- (7) Section 1271D(a) of the Food Security Act
not otherwise appropriated, to remain available thorities of the Commodity Credit Corporation, of 1985 (16 U.S.C. 3871d(a)) is amended by strik-
until September 30, 2031 (subject to the condition the regional conservation partnership program ing ‘‘2023’’ and inserting ‘‘2031’’.
that no such funds may be disbursed after Sep- under subtitle I of title XII of that Act (16 SEC. 15003. CONSERVATION TECHNICAL ASSIST-
tember 30, 2031)— U.S.C. 3871 through 3871f)— ANCE.
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(1) to carry out, using the facilities and au- (A)(i) $200,000,000 for fiscal year 2022; (a) APPROPRIATIONS.—In addition to amounts
thorities of the Commodity Credit Corporation, (ii) $500,000,000 for fiscal year 2023; otherwise available (and subject to subsection
the environmental quality incentives program (iii) $1,500,000,000 for fiscal year 2024; (b)), there are appropriated to the Secretary of
under subchapter A of chapter 4 of subtitle D of (iv) $2,250,000,000 for fiscal year 2025; and Agriculture (referred to in this section as the
title XII of the Food Security Act of 1985 (16 (v) $3,050,000,000 for fiscal year 2026; and ‘‘Secretary’’) for fiscal year 2022, out of any
U.S.C. 3839aa through 3839aa–8)— (B) subject to the conditions on the use of the money in the Treasury not otherwise appro-
(A)(i) $300,000,000 for fiscal year 2022; funds that the Secretary— priated, to remain available until September 30,
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H6382 CONGRESSIONAL RECORD — HOUSE November 18, 2021
2031 (subject to the condition that no such funds address shortages of teachers in high-need sub- $160,776,000, to remain available until September
may be disbursed after September 30, 2031)— jects, fields, schools, and geographic areas, or 30, 2025, for personnel development described in
(1) $200,000,000 to provide conservation tech- shortages of school leaders in high-need schools, section 662 of the Individuals with Disabilities
nical assistance through the Natural Resources and to increase the diversity of qualified indi- Education Act (20 U.S.C. 1462).
Conservation Service; viduals entering into the teacher, principal, or SEC. 20006. GRANTS FOR NATIVE AMERICAN LAN-
(2) $50,000,000 to carry out climate change ad- other school leader workforce. GUAGE TEACHERS AND EDUCATORS.
aptation and mitigation activities through the ‘‘(2) REQUIREMENTS OF A GROW YOUR OWN The Native American Programs Act of 1974 is
Natural Resources Conservation Service by PROGRAM.—In addition to carrying out each of amended by inserting after section 803C the fol-
working with the Regional Climate Hubs de- the activities described in paragraphs (1) lowing:
signed to provide information and technical through (6) of subsection (d), an eligible part- ‘‘SEC. 803D. GRANTS FOR NATIVE AMERICAN LAN-
support on climate smart agriculture and for- nership carrying out a Grow Your Own program GUAGE TEACHERS AND EDUCATORS.
estry to agricultural producers, landowners, and under this subsection shall— ‘‘(a) IN GENERAL.—In addition to amounts
resource managers, as determined by the Sec- ‘‘(A) integrate courses on education topics otherwise available, there is appropriated for
retary; and with a year-long school-based clinical experi- fiscal year 2022, out of any money in the Treas-
(3) $600,000,000 to carry out a carbon seques- ence in which candidates teach or lead along- ury not otherwise appropriated, to remain avail-
tration and greenhouse gas emissions quan- side an expert mentor teacher or school leader able until September 30, 2031, $200,000,000 for the
tification program through which the Natural who is the teacher or school leader of record in Secretary, in carrying out section 803C, to
Resources Conservation Service, including the same local educational agencies in which award grants to carry out activities relating to
through technical service providers and other the candidates expect to work; preparing, training, and offering professional
partners, shall collect field-based data to assess ‘‘(B) provide opportunities for candidates to development to Native American language
the carbon sequestration and greenhouse gas practice and develop teaching skills or school teachers and Native American language early
emissions reduction outcomes associated with leadership skills; childhood educators to ensure the survival and
activities carried out pursuant to this section ‘‘(C) support candidates as they complete continuing vitality of Native American lan-
and use the data to monitor and track green- their associate (in furtherance of their bacca- guages.
house gas emissions and carbon sequestration laureate), baccalaureate, or master’s degree or ‘‘(b) COST SHARE PROHIBITION.—The Sec-
trends through the Greenhouse Gas Inventory earn their teaching or school leadership creden- retary shall not impose a cost sharing or match-
and Assessment Program of the Department of tial; ing fund requirement with respect to grants
Agriculture. ‘‘(D) work to provide academic, counseling, awarded under subsection (a).’’.
(b) CONDITIONS.—The funds made available and programmatic supports to candidates;
PART 2—HIGHER EDUCATION
under this section are subject to the conditions ‘‘(E) provide academic and nonacademic sup-
that the Secretary shall not— ports, including advising and financial assist- SEC. 20021. INCREASING THE MAXIMUM FEDERAL
(1) enter into any agreement— ance, to candidates to enter and complete teach- PELL GRANT.
(A) that is for a term extending beyond Sep- er or school leadership preparation programs, to (a) AWARD YEAR 2022–2023.—Section 401(b)(7)
tember 30, 2031; or access and complete State licensure exams, and of the Higher Education Act of 1965 is amend-
(B) under which any payment could be to engage in school-based clinical placements; ed—
outlaid or funds disbursed after September 30, ‘‘(F) include efforts to recruit individuals with (1) in subparagraph (A)(iii), by inserting ‘‘and
2031; experience in high-need subjects or fields who such sums as may be necessary for fiscal year
(2) use any other funds available to the Sec- are not certified to teach or lead, with a specific 2022 to carry out the $550 increase for enroll-
retary to satisfy obligations initially made under focus on recruiting individuals— ment at institutions of higher education defined
this section; or ‘‘(i) from groups or populations that are in section 101 or 102(a)(1)(B) provided under
(3) interpret this section to authorize funds of underrepresented; and subparagraph (C)(iii)’’ before ‘‘; and’’; and
the Commodity Credit Corporation for activities ‘‘(ii) who live in and come from the commu- (2) in subparagraph (C)(iii), by inserting be-
under this section if such funds are not ex- nities the schools serve; and fore the period at the end the following: ‘‘, ex-
pressly authorized or currently expended for ‘‘(G) require candidates to complete all State cept that, for award year 2022–2023, such
such purposes. requirements to become fully certified.’’. amount shall be equal to the amount determined
(c) ADMINISTRATIVE COSTS.—In addition to SEC. 20002. TEACHER RESIDENCIES. under clause (ii) for award year 2017–2018, in-
amounts otherwise available, there is appro- In addition to amounts otherwise available, creased by $550 for enrollment at institutions of
priated to the Secretary for fiscal year 2022, out there is appropriated to the Department of Edu- higher education defined in section 101 or
of any money in the Treasury not otherwise ap- cation for fiscal year 2022, out of any money in 102(a)(1)(B)’’.
propriated, $100,000,000, to remain available the Treasury not otherwise appropriated, (b) SUBSEQUENT AWARD YEARS THROUGH 2025–
until September 30, 2028, for administrative costs $112,266,000, to remain available through Sep- 2026.—Section 401(b) of the Higher Education
of the agencies and offices of the Department of tember 30, 2025, to award grants for the develop- Act of 1965, as amended by section 703 of the
Agriculture for costs related to implementing ment and support of high-quality teaching resi- FAFSA Simplification Act (title VII of division
this section. dency programs, as described in section 202(e) of FF of Public Law 116–260), is amended—
TITLE II—COMMITTEE ON EDUCATION (1) in paragraph (5)(A)—
the Higher Education Act of 1965 (20 U.S.C.
AND LABOR (A) in clause (i), by striking ‘‘and’’ after the
1022a(e)), except that amounts available under
semicolon;
Subtitle A—Education Matters this section shall also be available for residency
(B) by redesignating clause (ii) as clause (iii);
PART 1—ELEMENTARY AND SECONDARY programs for prospective teachers in a bach-
and
EDUCATION elor’s degree program.
(C) by inserting after clause (i) the following:
SEC. 20003. SUPPORT SCHOOL PRINCIPALS. ‘‘(ii) for each of award years 2023–2024
SEC. 20001. GROW YOUR OWN PROGRAMS.
(a) APPROPRIATIONS.—In addition to amounts In addition to amounts otherwise available, through 2025–2026, an additional $550 for enroll-
otherwise available, there is appropriated to the there is appropriated to the Department of Edu- ment at institutions of higher education defined
Department of Education for fiscal year 2022, cation for fiscal year 2022, out of any money in in section 101 or 102(a)(1)(B); and’’; and
out of any money in the Treasury not otherwise the Treasury not otherwise appropriated, (2) in paragraph (6)(A)—
appropriated, $112,684,000, to remain available $112,266,000, to remain available through Sep- (A) in clause (i)—
through September 30, 2025, to award grants for tember 30, 2025, to award grants for the develop- (i) by striking ‘‘appropriated) such’’ and in-
the development and support of Grow Your Own ment and support of school leadership programs, serting the following: ‘‘appropriated)—
Programs, as described in section 202(g) of the as described in section 2243 of the Elementary ‘‘(I) such’’; and
Higher Education Act of 1965. and Secondary Education Act of 1965 (20 U.S.C. (ii) by adding at the end the following:
(b) IN GENERAL.—Section 202 of the Higher 6673). ‘‘(II) such sums as are necessary to carry out
Education Act of 1965 is amended— SEC. 20004. HAWKINS. paragraph (5)(A)(ii) for each of fiscal years 2023
(1) in subsection (b)(6)(C), by striking ‘‘sub- In addition to amounts otherwise available, through 2025; and’’; and
section (f) or (g)’’ and inserting ‘‘subsection (f) there is appropriated to the Department of Edu- (B) in clause (ii), by striking ‘‘(5)(A)(ii)’’ and
or (h)’’; cation for fiscal year 2022, out of any money in inserting ‘‘(5)(A)(iii)’’.
(2) in subsection (c)(1), by inserting ‘‘a Grow the Treasury not otherwise appropriated, SEC. 20022. EXPANDING FEDERAL STUDENT AID
Your Own program under subsection (g),’’ after $112,266,000, to remain available through Sep- ELIGIBILITY.
‘‘subsection (e),’’; tember 30, 2025, to award grants for the Augus- Section 484(a)(5) of the Higher Education Act
(3) by redesignating subsections (g), (h), (i), tus F. Hawkins Centers of Excellence Program, of 1965 is amended by inserting ‘‘, or, with re-
(j), and (k), as subsections (h), (i), (j), (k), and as described in section 242 of the Higher Edu- spect to any grant, loan, or work assistance re-
(l), respectively; and cation Act of 1965 (20 U.S.C. 1033a). ceived under this title for award years 2022–2023
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(4) by inserting after subsection (f) the fol- SEC. 20005. FUNDING FOR THE INDIVIDUALS through 2029–2030, be subject to a grant of de-
lowing: WITH DISABILITIES EDUCATION ferred enforced departure or have deferred ac-
‘‘(g) PARTNERSHIP GRANTS FOR THE ESTAB- PART D PERSONNEL DEVELOPMENT. tion pursuant to the Deferred Action for Child-
LISHMENT OF ‘GROW YOUR OWN’ PROGRAMS.— In addition to amounts otherwise available, hood Arrivals policy of the Secretary of Home-
‘‘(1) IN GENERAL.—An eligible partnership that there is appropriated to the Department of Edu- land Security or temporary protected status’’
receives a grant under this section shall carry cation for fiscal year 2022, out of any money in after ‘‘becoming a citizen or permanent resi-
out an effective ‘Grow Your Own’ program to the Treasury not otherwise appropriated, dent’’.
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6383
SEC. 20023. INCREASE IN PELL GRANTS FOR RE- ‘‘(2) in the third year of a grant, not less than Mariana Islands, and the Freely Associated
CIPIENTS OF MEANS-TESTED BENE- 15 percent of the grant amount awarded to such States.
FITS. ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The
eligible entity for such year; and
Section 473 of the Higher Education Act of ‘‘(3) in the fourth year and each subsequent term ‘Tribal College or University’ has the
1965, as amended by section 702(b) of the FAFSA year of a grant, not less than 20 percent of the meaning given the term in section 316(b)(3).
Simplification Act (title VII of division FF of grant amount awarded to such eligible entity for ‘‘(j) APPROPRIATION.—In addition to amounts
Public Law 116–260), is amended by adding at such year. otherwise available, there is appropriated for
the end the following: ‘‘(f) GENERAL REQUIREMENT.—An eligible enti- fiscal year 2022, out of any money in the Treas-
‘‘(d) SPECIAL RULE FOR MEANS-TESTED BEN- ury not otherwise appropriated—
ty shall use a grant under this section only to
EFIT RECIPIENTS.—During award years 2024–
carry out activities described in the application ‘‘(1) $310,000,000 to remain available until Sep-
2025 through 2029–2030, and notwithstanding tember 30, 2030, to award competitive grants to
for such year under subsection (b).
subsection (b), for an applicant (or, as applica- eligible entities that are not Tribal Colleges and
‘‘(g) EVIDENCE-BASED REFORMS OR PRAC-
ble, an applicant and spouse, or an applicant’s Universities to carry out the approved activities
TICES.—An eligible entity receiving a grant
parents) who is not described in subsection (c)
under this section shall, directly or in collabora- described in the applications submitted under
and who, at any time during the previous 24-
tion with institutions of higher education and subsection (b);
month period, received a benefit under a means- ‘‘(2) $37,500,000 to remain available until Sep-
other non-profit organizations, use the grant
tested Federal benefit program (or whose parent tember 30, 2030, to award competitive grants to
funds to implement one or more of the following
or spouse received such a benefit, as applicable)
evidence-based reforms or practices: Tribal Colleges and Universities to carry out the
described in clauses (i) through (vi) of section
‘‘(1) Providing comprehensive academic, ca- approved activities described in the applications
479(b)(4)(H), the Secretary shall for the purposes
reer, and student support services, including submitted under subsection (b);
of this title consider the student aid index as ‘‘(3) $95,000,000 to remain available until Sep-
mentoring, advising, or case management serv-
equal to –$1,500 for the applicant.’’.
ices. tember 30, 2030, to supplement the competitive
SEC. 20024. RETENTION AND COMPLETION
‘‘(2) Providing assistance in applying for and grant amounts awarded to eligible entities with
GRANTS.
accessing direct support services, financial as- funds available under paragraph (1) and (2) to
Title VII of the Higher Education Act of 1965
sistance, or means-tested benefit programs to implement reforms or practices that meet evi-
is amended by adding at the end the following:
meet the basic needs of students. dence tier 1;
‘‘PART F—RETENTION AND COMPLETION ‘‘(3) Providing accelerated learning opportuni- ‘‘(4) $47,500,000 to remain available until Sep-
GRANTS ties, including dual or concurrent enrollment tember 30, 2030, to supplement the competitive
‘‘SEC. 791. RETENTION AND COMPLETION programs and early college high school pro- grant amounts awarded to eligible entities with
GRANTS. funds available under paragraphs (1) and (2) to
grams.
‘‘(a) IN GENERAL.—From amounts appro- ‘‘(4) Reforming remedial or developmental implement reforms or practices that meet evi-
priated to carry out this section for a fiscal education, course scheduling, or credit-award- dence tier 1 or evidence tier 2, or a combination
year, the Secretary shall carry out a program to ing policies. of such reforms or practices; and
make grants (which shall be known as ‘reten- ‘‘(5) Improving transfer pathways between— ‘‘(5) $10,000,000 to remain available until Sep-
tion and completion grants’) to eligible entities ‘‘(A) in the case of an eligible entity that is a tember 30, 2030, to evaluate the effectiveness of
to enable the such entities to carry out the ac- State, community colleges and 4-year institu- the activities carried out under this section.
tivities described in the applications submitted tions of higher education in the State; ‘‘(k) SUNSET.—The authority to make grants
under subsection (b). ‘‘(B) in the case of an eligible entity that is a under this section shall expire at the end of
‘‘(b) APPLICATION.—To be eligible to receive a system of institutions of higher education, insti- award year 2026–2027.
grant under this section, an eligible entity shall ‘‘(l) INAPPLICABILITY OF GEPA CONTINGENT
tutions within such system and other institu-
submit an application to the Secretary that in- EXTENSION OF PROGRAMS.—Section 422 of the
tions of higher education in the State in which
cludes a description of— General Education Provisions Act shall not
‘‘(1) how the eligible entity will use the funds the system is located; or
‘‘(C) in the case of a Tribal College or Univer- apply to this part.’’.
to implement or expand evidence-based reforms
sity, between the Tribal College or University SEC. 20025. INSTITUTIONAL AID.
or practices to improve student outcomes at in-
stitutions of higher education in the State or and other institutions of higher education. (a) IN GENERAL.—In addition to amounts oth-
‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds erwise available, there is appropriated for fiscal
system of institutions of higher education, or at
made available under this part shall be used to year 2022, out of any money in the Treasury not
the Tribal College or University, as applicable;
supplement, and not supplant, other Federal, otherwise appropriated—
and
‘‘(2) how the eligible entity will sustain such State, local, Tribal, and institutional funds that (1) $470,640,000, to remain available until Sep-
reforms or practices after the grant period. would otherwise be expended to carry out activi- tember 30, 2028, for carrying out section
‘‘(c) PRIORITY.—In awarding grants under ties described in this section. 371(b)(2)(B) of the Higher Education Act of 1965
this section to eligible entities, the Secretary ‘‘(i) DEFINITIONS.—In this section: in fiscal year 2022;
shall give priority to eligible entities that pro- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- (2) $470,640,000, to remain available until Sep-
pose to use a significant share of grant funds to, ty’ means a State, a system of institutions of tember 30, 2028, for carrying out section
among students of color, low-income students, higher education, or a Tribal College or Univer- 371(b)(2)(B) of the Higher Education Act of 1965
students with disabilities, students in need of re- sity. in fiscal year 2023;
mediation, first generation college students, stu- ‘‘(2) EVIDENCE TIERS.— (3) $470,640,000, to remain available until Sep-
dent parents, and other underserved student ‘‘(A) EVIDENCE TIER 1.—The term ‘evidence tember 30, 2028, for carrying out section
populations in such eligible entity, improve en- tier 1’, when used with respect to a reform or 371(b)(2)(B) of the Higher Education Act of 1965
rollment, retention, transfer, or completion rates practice, means a reform or practice that meets in fiscal year 2024;
or labor market outcomes. the criteria for receiving an expansion grant (4) $470,640,000, to remain available until Sep-
‘‘(d) ADEQUATE PROGRESS.—As a condition of from the education innovation and research tember 30, 2028, for carrying out section
continuing to receive funds under this section, program under section 4611(a)(2)(C) of the Ele- 371(b)(2)(B) of the Higher Education Act of 1965
for each year in which an eligible entity partici- mentary and Secondary Education Act of 1965, in fiscal year 2025;
pates in the program under this section, such el- as determined by the Secretary in accordance (5) $470,640,000, to remain available until Sep-
igible entity shall demonstrate to the satisfac- with such section. tember 30, 2028, for carrying out section
tion of the Secretary that the entity has made ‘‘(B) EVIDENCE TIER 2.—The term ‘evidence 371(b)(2)(B) of the Higher Education Act of 1965
adequate progress in implementing or expanding tier 2’, when used with respect to a reform or in fiscal year 2026;
evidence-based reforms or practices, and, among practice, means a reform or practice that meets (6) $470,640,000, to remain available until Sep-
students of color, low-income students, students the criteria for receiving a mid-phase grant from tember 30, 2028, for carrying out section
with disabilities, students in need of remedi- the education innovation and research program 371(b)(2)(C) of the Higher Education Act of 1965
ation, first generation college students, student under section 4611(a)(2)(B) of the Elementary in fiscal year 2022;
parents, and other underserved student popu- and Secondary Education Act of 1965, as deter- (7) $470,640,000, to remain available until Sep-
lations in such eligible entity, improving enroll- mined by the Secretary in accordance with such tember 30, 2028, for carrying out section
ment, retention, transfer, or completion rates or section. 371(b)(2)(C) of the Higher Education Act of 1965
labor market outcomes. ‘‘(3) FIRST GENERATION COLLEGE STUDENT.— in fiscal year 2023;
‘‘(e) MATCHING REQUIREMENT.—As a condi- The term ‘first generation college student’ has (8) $470,640,000, to remain available until Sep-
tion of receiving a grant under this section for the meaning given the term in section tember 30, 2028, for carrying out section
the applicable year described in paragraphs (1) 402A(h)(3). 371(b)(2)(C) of the Higher Education Act of 1965
through (3), an eligible entity that is not a Trib- ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The in fiscal year 2024;
al College or University shall provide matching term ‘institution of higher education’ has the (9) $470,640,000, to remain available until Sep-
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funds for such applicable year toward the cost meaning given the term in section 101 or tember 30, 2028, for carrying out section
of the activities described in the application sub- 102(a)(1)(B). 371(b)(2)(C) of the Higher Education Act of 1965
mitted under subsection (b). Such matching ‘‘(5) STATE.—The term ‘State’ means each of in fiscal year 2025;
funds shall be in the amount of— the 50 States of the United States, the District of (10) $470,640,000, to remain available until
‘‘(1) in the second year of a grant, not less Columbia, the Commonwealth of Puerto Rico, September 30, 2028, for carrying out section
than 10 percent of the grant amount awarded to American Samoa, Guam, the United States Vir- 371(b)(2)(C) of the Higher Education Act of 1965
such eligible entity for such year; gin Islands, the Commonwealth of the Northern in fiscal year 2026;
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H6384 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(11) $141,120,000, to remain available until to award need-based financial aid (including ‘‘(e) USE OF FUNDS.—
September 30, 2028, for carrying out section emergency financial aid grants) to low-income ‘‘(1) PLANNING GRANTS.—An eligible institu-
371(b)(2)(D)(i) of the Higher Education Act of students enrolled in an eligible program (as de- tion that receives a planning grant under sub-
1965 in fiscal year 2022; fined in section 481(b) of the Higher Education section (b)(1) shall use the grant funds to de-
(12) $141,120,000, to remain available until Act of 1965) at such institution. velop a strategic plan for improving institu-
September 30, 2028, for carrying out section (2) DISTRIBUTION REQUIREMENTS.—The Sec- tional research and development infrastructure
371(b)(2)(D)(i) of the Higher Education Act of retary of Education shall distribute each of the that includes—
1965 in fiscal year 2023; amounts appropriated under paragraphs (6) ‘‘(A) an assessment of the existing institu-
(13) $141,120,000, to remain available until through (10) of subsection (a) in accordance tional research capacity and research and de-
September 30, 2028, for carrying out section with section 371(b)(2)(C), except that in clause velopment infrastructure; and
371(b)(2)(D)(i) of the Higher Education Act of (ii) of such section, ‘‘25’’ and ‘‘of $600,000 annu- ‘‘(B) a detailed description of how the institu-
1965 in fiscal year 2024; ally’’ shall not apply. tion would use research and development infra-
(14) $141,120,000, to remain available until (c) NO ADDITIONAL ELIGIBILITY REQUIRE- structure funds provided by an implementation
September 30, 2028, for carrying out section MENTS.—No individual shall be determined by grant under this section to increase the institu-
371(b)(2)(D)(i) of the Higher Education Act of the Secretary of Education to be ineligible for tion’s research capacity and support research
1965 in fiscal year 2025; benefits provided under subsection (b)(1) except and development infrastructure.
(15) $141,120,000, to remain available until on the basis of not being a low-income student ‘‘(2) IMPLEMENTATION GRANTS.—An eligible in-
September 30, 2028, for carrying out section enrolled in an eligible program (as defined in stitution that receives an implementation grant
371(b)(2)(D)(i) of the Higher Education Act of section 481(b) of the Higher Education Act of under subsection (b)(2) shall use the grant funds
1965 in fiscal year 2026; 1965). to support research and development infrastruc-
(16) $70,560,000, to remain available until Sep- SEC. 20026. RESEARCH AND DEVELOPMENT IN- ture, which shall include carrying out at least
tember 30, 2028, for carrying out section FRASTRUCTURE COMPETITIVE one of the following activities:
371(b)(2)(D)(ii) of the Higher Education Act of GRANT PROGRAM. ‘‘(A) Providing for the improvement of infra-
1965 in fiscal year 2022; Title III of the Higher Education Act of 1965 structure existing on the date of the grant
(17) $70,560,000, to remain available until Sep- is amended— award, including deferred maintenance, or the
tember 30, 2028, for carrying out section (1) by redesignating part G as part H; and establishment of new physical infrastructure,
371(b)(2)(D)(ii) of the Higher Education Act of (2) by inserting after section 371 the following: including instructional program spaces, labora-
1965 in fiscal year 2023; ‘‘PART G—IMPROVING RESEARCH & DE- tories, research facilities or furniture, fixtures,
(18) $70,560,000, to remain available until Sep- VELOPMENT INFRASTRUCTURE FOR and instructional research-related equipment
tember 30, 2028, for carrying out section HISTORICALLY BLACK COLLEGES AND and technology relating to the fields of science,
371(b)(2)(D)(ii) of the Higher Education Act of UNIVERSITIES, TRIBAL COLLEGES AND technology, engineering, the arts, mathematics,
1965 in fiscal year 2024; UNIVERSITIES, AND MINORITY-SERVING health, agriculture, education, medicine, law,
(19) $70,560,000, to remain available until Sep- INSTITUTIONS and other disciplines.
tember 30, 2028, for carrying out section ‘‘(B) Hiring and retaining faculty, students,
‘‘SEC. 381. IMPROVING RESEARCH & DEVELOP-
371(b)(2)(D)(ii) of the Higher Education Act of MENT INFRASTRUCTURE FOR HIS- research-related staff, or other personnel, in-
1965 in fiscal year 2025; TORICALLY BLACK COLLEGES AND cluding research personnel skilled in operating,
(20) $70,560,000, to remain available until Sep- UNIVERSITIES, TRIBAL COLLEGES using, or applying technology, equipment, or de-
tember 30, 2028, for carrying out section AND UNIVERSITIES, AND MINORITY- vices used to conduct or support research.
371(b)(2)(D)(ii) of the Higher Education Act of SERVING INSTITUTIONS. ‘‘(C) Creating and supporting inter- and
1965 in fiscal year 2026; ‘‘(a) ELIGIBLE INSTITUTION.—In this section, intra-institutional research centers (including
(21) $23,520,000, to remain available until Sep- the term ‘eligible institution’ means— formal and informal communities of practice) in
tember 30, 2028, for carrying out section ‘‘(1) an institution that— fields of research for which research and devel-
371(b)(2)(D)(iii) of the Higher Education Act of ‘‘(A) is described in section 371(a); opment infrastructure funds have been awarded
1965 in fiscal year 2022; ‘‘(B) is a 4-year institution; and under this section, including hiring staff and
(22) $23,520,000, to remain available until Sep- ‘‘(C) is not an institution classified as ‘very purchasing supplies and equipment.
tember 30, 2028, for carrying out section high research activity’ by the Carnegie Classi- ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds
371(b)(2)(D)(iii) of the Higher Education Act of fication of Institutions of Higher Education; or made available under this section shall be used
1965 in fiscal year 2023; ‘‘(2) an institution described in paragraph (1) to supplement, and not supplant, other Federal,
(23) $23,520,000, to remain available until Sep- acting on behalf of a consortium, which may in- State, tribal, and local funds that would other-
tember 30, 2028, for carrying out section clude institutions classified as ‘very high re- wise be expended to carry out the activities de-
371(b)(2)(D)(iii) of the Higher Education Act of search activity’ by the Carnegie Classification of scribed in this section.
1965 in fiscal year 2024; Institutions of Higher Education, 2-year institu- ‘‘(g) SUNSET.—
(24) $23,520,000, to remain available until Sep- tions of higher education (as defined in section ‘‘(1) IN GENERAL.—The authority to make—
tember 30, 2028, for carrying out section 101), and other academic partners, philan- ‘‘(A) planning grants under subsection (b)(1)
371(b)(2)(D)(iii) of the Higher Education Act of thropic organizations, and industry partners, shall expire at the end of fiscal year 2025; and
1965 in fiscal year 2025; provided that the eligible institution is the lead ‘‘(B) implementation grants under subsection
(25) $23,520,000, to remain available until Sep- member and fiscal agent of the consortium. (b)(2) shall expire at the end of fiscal year 2027.
tember 30, 2028, for carrying out section ‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.— ‘‘(2) INAPPLICABILITY OF GEPA CONTINGENT EX-
371(b)(2)(D)(iii) of the Higher Education Act of For the purpose of supporting research and de- TENSION OF PROGRAMS.—Section 422 of the Gen-
1965 in fiscal year 2026; velopment infrastructure at eligible institutions, eral Education Provisions Act shall not apply to
(26) $23,520,000, to remain available until Sep- the Secretary shall award, on a competitive this section.
tember 30, 2028, for carrying out section basis, to eligible institutions— ‘‘(h) APPROPRIATIONS.—In addition to
371(b)(2)(D)(iv) of the Higher Education Act of ‘‘(1) planning grants for a period of not more amounts otherwise available, there is appro-
1965 in fiscal year 2022; than 2 years; and priated for fiscal year 2022, out of any money in
(27) $23,520,000, to remain available until Sep- ‘‘(2) implementation grants for a period of not the Treasury not otherwise appropriated,
tember 30, 2028, for carrying out section more than 5 years. $3,000,000,000, to remain available until Sep-
371(b)(2)(D)(iv) of the Higher Education Act of ‘‘(c) APPLICATIONS.— tember 30, 2028, for carrying out this section.’’.
1965 in fiscal year 2023; ‘‘(1) IN GENERAL.—An eligible institution that SEC. 20027. NORTHERN MARIANA ISLANDS, AMER-
(28) $23,520,000, to remain available until Sep- desires to receive a planning grant under sub- ICAN SAMOA, UNITED STATES VIR-
tember 30, 2028, for carrying out section section (b)(1) or an implementation grant under GIN ISLANDS, GUAM, AND FREELY
371(b)(2)(D)(iv) of the Higher Education Act of subsection (b)(2) shall submit an application to ASSOCIATED STATES COLLEGE AC-
1965 in fiscal year 2024; the Secretary that includes a description of the CESS.
(29) $23,520,000, to remain available until Sep- activities that will be carried out with grant Title VII of the Higher Education Act of 1965,
tember 30, 2028, for carrying out section funds. as amended by this Act, is further amended by
371(b)(2)(D)(iv) of the Higher Education Act of ‘‘(2) NO COMPREHENSIVE DEVELOPMENT adding at the end the following:
1965 in fiscal year 2025; and PLAN.—The requirement under section 391(b)(1) ‘‘PART G—COLLEGE ACCESS FOR
(30) $23,520,000, to remain available until Sep- shall not apply to grants awarded under this STUDENTS IN OUTLYING AREAS
tember 30, 2028, for carrying out section section. ‘‘SEC. 792. NORTHERN MARIANA ISLANDS, AMER-
371(b)(2)(D)(iv) of the Higher Education Act of ‘‘(d) PRIORITY IN AWARDS.— ICAN SAMOA, UNITED STATES VIR-
1965 in fiscal year 2026. ‘‘(1) IN GENERAL.—In awarding planning and GIN ISLANDS, GUAM, AND FREELY
(b) USE OF FUNDS.— implementation grants under this section, the ASSOCIATED STATES COLLEGE AC-
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(1) IN GENERAL.—An institution of higher edu- Secretary shall administer separate competitions CESS GRANTS.
cation receiving funds made available under for each of the categories of institutions listed in ‘‘(a) GRANTS.—
this section shall use such funds in accordance paragraphs (1) through (7) of section 371(a). ‘‘(1) GRANT AMOUNTS.—
with the uses of funds described under subpara- ‘‘(2) PRIORITY.—In awarding implementation ‘‘(A) IN GENERAL.—Beginning with award
graphs (B), (C), and clauses (i) through (iv) of grants under this section, the Secretary shall year 2023–2024, from amounts appropriated to
subparagraph (D) of section 371(b)(2) of the give priority to eligible institutions that have re- carry out this section, the Secretary shall award
Higher Education Act of 1965, as applicable, and ceived a planning grant under this section. grants to the Governors of each outlying area
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6385
for such Governors to award grants to eligible cation for fiscal year 2022, out of any money in and Health Act of 1970 (29 U.S.C. 666) is amend-
institutions that enroll eligible students to pay the Treasury not otherwise appropriated, ed—
the difference between the tuition and fees $91,742,000, to remain available until expended, (1) in subsection (a)—
charged for in-State students and the tuition for necessary administrative expenses associated (A) by striking ‘‘$70,000’’ and inserting
and fees charged for out-of-State students on with carrying out this subtitle and sections ‘‘$700,000’’; and
behalf of each eligible student enrolled in the el- 22101 and 22102. (B) by striking ‘‘$5,000’’ and inserting
igible institution. SEC. 20032. STUDENT AID ADMINISTRATION. ‘‘$50,000’’;
‘‘(B) MAXIMUM STUDENT AMOUNTS.—The In addition to amounts otherwise available, (2) in subsection (b), by striking ‘‘$7,000’’ and
amount paid on behalf of an eligible student there is appropriated to the Department of Edu- inserting ‘‘$70,000’’; and
under this section shall be— cation for fiscal year 2022, out of any money in (3) in subsection (d), by striking ‘‘$7,000’’ and
‘‘(i) not more than $15,000 for any one award the Treasury not otherwise appropriated, inserting ‘‘$70,000’’.
year (as defined in section 481(a)(1)); and $85,000,000, to remain available through Sep- (b) FAIR LABOR STANDARDS ACT OF 1938.—Sec-
‘‘(ii) not more than $75,000 in the aggregate. tember 30, 2030, for Student Aid Administration tion 16(e) of the Fair Labor Standards Act of
‘‘(C) PRORATION.—The Governor shall prorate within the Department of Education for nec- 1938 (29 U.S.C. 216(e)) is amended—
payments under this section with respect to eli- essary administrative expenses associated with (1) in paragraph (1)(A)—
gible students who attend an eligible institution carrying out this subtitle and for additional (A) in clause (i), by striking ‘‘$11,000’’ and in-
on less than a full-time basis. Federal administrative expenses. serting ‘‘$132,270’’; and
‘‘(2) AGREEMENT.—Each Governor desiring a SEC. 20033. OFFICE OF INSPECTOR GENERAL. (B) in clause (ii), by striking ‘‘$50,000’’ and in-
grant under this section shall enter into an In addition to amounts otherwise available, serting ‘‘$601,150’’; and
agreement with the Secretary for the purposes of there is appropriated to the Department of Edu- (2) in paragraph (2)—
administering the grant program. cation for fiscal year 2022, out of any money in (A) in the first sentence, by striking ‘‘$1,100’’
‘‘(3) GRANT AUTHORITY.—The authority to the Treasury not otherwise appropriated, and inserting ‘‘$20,740’’; and
make grants under this section shall expire at $10,000,000, to remain available until expended, (B) in the second sentence, by striking
the end of award year 2029–2030. for the Office of Inspector General of the De- ‘‘$1,100’’ and inserting ‘‘$11,620’’.
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT partment of Education, for salaries and ex- (c) MIGRANT AND SEASONAL AGRICULTURAL
EXTENSION OF PROGRAMS.—Section 422 of the penses necessary for oversight, investigations, WORKER PROTECTION ACT.—Section 503(a)(1) of
General Education Provisions Act shall not and audits of programs, grants, and projects the Migrant and Seasonal Agricultural Worker
apply to this section. funded under this subtitle and sections 22101 Protection Act (29 U.S.C. 1853(a)(1)) is amended
‘‘(c) NO ADDITIONAL ELIGIBILITY REQUIRE- and 22102 carried out by the Office of Inspector by striking ‘‘$1,000’’ and inserting ‘‘$25,790’’.
MENTS.—No individual shall be determined, by a General. (d) EFFECTIVE DATE.—The amendments made
Governor, an eligible institution, or the Sec- by this section shall take effect on January 1,
Subtitle B—Labor Matters
retary, to be ineligible for benefits provided 2022.
SEC. 21001. DEPARTMENT OF LABOR.
under this section except on the basis of eligi- SEC. 21005. CIVIL MONETARY PENALTIES FOR
In addition to amounts otherwise available, PARITY VIOLATIONS.
bility requirements under this section. out of any money in the Treasury not otherwise
‘‘(d) DEFINITIONS.—In this section: (a) CIVIL MONETARY PENALTIES RELATING TO
appropriated, there are appropriated to the De- PARITY IN MENTAL HEALTH AND SUBSTANCE USE
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible partment of Labor for fiscal year 2022, to remain
institution’ means an institution that— DISORDERS.—Section 502(c)(10) of the Employee
available until September 30, 2026, the following
‘‘(A) is a public four-year institution of higher Retirement Income Security Act of 1974 (29
amounts:
education located in one of the several States of (1) $195,000,000 to the Employee Benefits Secu- U.S.C. 1132(c)(10)(A)) is amended—
the United States, the District of Columbia, the (1) in the heading, by striking ‘‘USE OF GE-
rity Administration for carrying out enforce-
Commonwealth of Puerto Rico, or an outlying NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
ment activities.
area; (2) $707,000,000 to the Occupational Safety NETIC INFORMATION AND PARITY IN MENTAL
‘‘(B) enters into an agreement with the Gov- and Health Administration for carrying out en- HEALTH AND SUBSTANCE USE DISORDER BENE-
ernor of an outlying area, or with two or more forcement, standards development, whistle- FITS’’; and
of such Governors (except that such institution blower investigations, compliance assistance, (2) in subparagraph (A)—
may not enter into an agreement with the Gov- funding for State plans, and related activities (A) by striking ‘‘any plan sponsor of a group
ernor of the outlying area in which such institu- within the Occupational Safety and Health Ad- health plan’’ and inserting ‘‘any plan sponsor
tion is located), to carry out the grant program ministration. or plan administrator of a group health plan’’;
under this section; and (3) $133,000,000 to the Mine Safety and Health and
‘‘(C) submits an assurance to the Governor Administration for carrying out enforcement, (B) by striking ‘‘for any failure’’ and all that
and to the Secretary that the institution shall standard setting, technical assistance, and re- follows through ‘‘in connection with the plan.’’
use funds made available under this section to lated activities. and inserting ‘‘for any failure by such sponsor,
supplement, and not supplant, assistance that (4) $405,000,000 to the Wage and Hour Division administrator, or issuer, in connection with the
otherwise would be provided to eligible students for carrying out activities. plan—
from outlying areas. (5) $121,000,000 to the Office of Workers’ Com- ‘‘(i) to meet the requirements of subsection
‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible pensation Programs for carrying out activities (a)(1)(F), (b)(3), (c), or (d) of section 702 or sec-
student’ means a student who— of the Office. tion 701 or 702(b)(1) with respect to genetic in-
‘‘(A) was domiciled in an outlying area for (6) $201,000,000 to the Office of Federal Con- formation; or
not less than 12 consecutive months preceding tract Compliance Programs for carrying out ‘‘(ii) to meet the requirements of subsection (a)
the commencement of the freshman year at an audit, investigation, enforcement, and compli- of section 712 with respect to parity in mental
institution of higher education supported by a ance assistance, and other activities. health and substance use disorder benefits.’’.
(7) $176,000,000 to the Office of the Solicitor (b) EXCEPTION TO THE GENERAL PROHIBITION
grant awarded under this section;
for carrying out necessary legal support for ac- ON ENFORCEMENT.—Section 502 of such Act (29
‘‘(B) has not completed an undergraduate
tivities carried out by the Office related to and U.S.C. 1132) is amended—
baccalaureate course of study; and
in support of the activities of those Department (1) in subsection (a)(6), by striking ‘‘or (9)’’
‘‘(C) is enrolled as an undergraduate student
of Labor agencies receiving additional funding and inserting ‘‘(9), or (10)’’; and
in an eligible program (as defined in section
in this section. (2) in subsection (b)(3)—
481(b)) on at least a half-time basis.
SEC. 21002. NATIONAL LABOR RELATIONS BOARD. (A) by striking ‘‘subsections (c)(9) and (a)(6)’’
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The
In addition to amounts otherwise available, and inserting ‘‘subsections (c)(9), (c)(10), and
term ‘institution of higher education’ has the
out of any money in the Treasury not otherwise (a)(6)’’;
meaning given the term in section 101.
appropriated, there are appropriated to the Na- (B) by striking ‘‘under subsection (c)(9))’’ and
‘‘(4) GOVERNOR.—The term ‘Governor’ means
tional Labor Relations Board for fiscal year inserting ‘‘under subsections (c)(9) and (c)(10)),
the chief executive of an outlying area.
2022, $350,000,000, to remain available until Sep- and except with respect to enforcement by the
‘‘(5) OUTLYING AREA.—The term ‘outlying
tember 30, 2026, for carrying out the activities of Secretary of section 712’’; and
area’ means the Northern Mariana Islands,
the Board. (C) by striking ‘‘706(a)(1)’’ and inserting
American Samoa, the United States Virgin Is-
SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY ‘‘733(a)(1)’’.
lands, Guam, and the Freely Associated States.
COMMISSION. (c) EFFECTIVE DATE.—The amendments made
‘‘(e) APPROPRIATIONS.—In addition to
In addition to amounts otherwise available, by subsection (a) shall apply with respect to
amounts otherwise available, there is appro-
out of any money in the Treasury not otherwise group health plans, or any health insurance
priated, out of any money in the Treasury not
appropriated, there are appropriated to the issuer offering health insurance coverage in
otherwise appropriated, such sums as may be
Equal Employment Opportunity Commission for connection with such plan, for plan years be-
necessary, to remain available until September
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fiscal year 2022, $321,000,000, to remain available ginning after the date that is 1 year after the
30, 2030, for carrying out this section.’’.
until September 30, 2026, for carrying out inves- date of enactment of this Act.
PART 3—DEPARTMENT OF EDUCATION tigation, enforcement, outreach, and related ac- SEC. 21006. PENALTIES UNDER THE NATIONAL
IMPLEMENTATION tivities. LABOR RELATIONS ACT.
SEC. 20031. PROGRAM ADMINISTRATION. SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES. (a) IN GENERAL.—Section 12 of the National
In addition to amounts otherwise available, (a) OCCUPATIONAL SAFETY AND HEALTH ACT Labor Relations Act (29 U.S.C. 162) is amend-
there is appropriated to the Department of Edu- OF 1970.—Section 17 of the Occupational Safety ed—
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H6386 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(1) by striking ‘‘SEC. 12. Any person’’ and in- Act shall be applied by substituting ‘‘40 per- Labor for fiscal year 2022, out of any money in
serting the following: cent’’ for ‘‘10 percent’’. the Treasury not otherwise appropriated, the
‘‘SEC. 12. PENALTIES. (b) SUPPLEMENT NOT SUPPLANT.—Amounts following amounts, to remain available until
‘‘(a) VIOLATIONS FOR INTERFERENCE WITH made available to carry out this section shall be September 30, 2026:
BOARD.—Any person’’; and used to supplement and not supplant other Fed- (1) $400,000,000 for carrying out the State
(2) by adding at the end the following: eral, State, and local public funds expended to grant activities authorized under section 7 of
‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR provide employment and training activities for the Wagner-Peyser Act, which shall be allotted
PRACTICES.—Any employer who commits an un- dislocated workers, including funds provided in accordance with section 6 of such Act, except
fair labor practice within the meaning of section under the Workforce Innovation and Oppor- that, for purposes of this section, funds shall
8(a) affecting commerce shall be subject to a tunity Act. also be reserved and used for the Commonwealth
civil penalty in an amount not to exceed $50,000 SEC. 22002. ADULT WORKER EMPLOYMENT AND of the Northern Mariana Islands and American
for each such violation, except that, with re- TRAINING ACTIVITIES. Samoa in amounts the Secretary determines ap-
spect to such an unfair labor practice within the (a) APPROPRIATION.—In addition to amounts propriate prior to the allotments being made in
meaning of paragraph (3) or (4) of section 8(a) otherwise available, there is appropriated to the accordance with section 6 of such Act.
or such a violation of section 8(a) that results in Department of Labor for fiscal year 2022, out of (2) $100,000,000 for carrying out improvements
the discharge of an employee or other serious any money in the Treasury not otherwise appro- to State workforce and labor market information
economic harm to an employee, the Board shall priated, $1,000,000,000, to remain available until systems.
double the amount of such penalty, to an September 30, 2026, which shall be allotted in ac- SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNI-
amount not to exceed $100,000, in any case cordance with subsection (b)(1) of section 132 TIES.
where the employer has within the preceding 5 and reserved under subsection (a) of section 133 In addition to amounts otherwise available,
years committed another such violation of such of the Workforce Innovation and Opportunity there is appropriated to the Department of
paragraph (3) or (4) or such violation of section Act, and allocated under subsection (b)(1)(A) of Labor for fiscal year 2022, out of any money in
8(a) that results in such discharge or other seri- section 133 of such Act for each local area to the Treasury not otherwise appropriated, the
ous economic harm. A civil penalty under this provide— following amounts, to remain available until
paragraph shall be in addition to any other (1) career services authorized under subsection September 30, 2026:
remedy ordered by the Board. (c)(2) of section 134 of the Workforce Innovation (1) $375,000,000, for carrying out the Reentry
‘‘(c) CONSIDERATIONS.—In determining the and Opportunity Act, including individualized Employment Opportunities program.
amount of any civil penalty under this section, career services described in section (2) $125,000,000, for competitive grants to na-
the Board shall consider— 134(c)(2)(A)(xii) of such Act; tional and regional intermediaries to carry out
‘‘(1) the gravity of the actions of the employer (2) supportive services and needs-related pay- Reentry Employment Opportunity programs
resulting in the penalty, including the impact of ments authorized under paragraphs (2) and (3) that prepare for employment young adults with
such actions on the charging party or on other of section 134(d) of the Workforce Innovation criminal records, young adults who have been
persons seeking to exercise rights guaranteed by and Opportunity Act, except that the require- justice system-involved, or young adults who
this Act; ments of subparagraphs (B) and (C) of para- have dropped out of school or other educational
‘‘(2) the size of the employer; graph (3) of such section shall not apply; and programs, made with a priority for projects serv-
‘‘(3) the history of previous unfair labor prac- (3) training services, including through indi- ing high-crime, high-poverty areas.
tices or other actions by the employer resulting vidual training accounts, authorized under sec- SEC. 22006. REGISTERED APPRENTICESHIPS,
in a penalty; and tion 134(c)(3) of the Workforce Innovation and YOUTH APPRENTICESHIPS, AND PRE-
‘‘(4) the public interest. Opportunity Act, except that for purposes of APPRENTICESHIPS.
‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If providing incumbent worker training as part of In addition to amounts otherwise available,
the Board determines, based on the particular those services under this section, if such train- there is appropriated to the Department of
facts and circumstances presented, that a direc- ing is provided to low-wage workers, section Labor for fiscal year 2022, out of any amounts
tor or officer’s personal liability is warranted, a 134(d)(4)(A)(i) of such Act shall be applied by in the Treasury not otherwise appropriated, the
civil penalty for a violation described in this substituting ‘‘40 percent’’ for ‘‘20 percent’’. following amounts, to remain available until
section may also be assessed against any direc- (b) SUPPLEMENT NOT SUPPLANT.—Amounts September 30, 2026:
tor or officer of the employer who directed or made available to carry out this section shall be (1) $500,000,000 for carrying out activities
committed the violation, had established a pol- used to supplement and not supplant other Fed- through grants, cooperative agreements, con-
icy that led to such a violation, or had actual or eral, State, and local public funds expended to tracts, or other arrangements, including ar-
constructive knowledge of and the authority to provide adult employment and training activi- rangements with States and outlying areas (as
prevent the violation and failed to prevent the ties, including funds provided under the Work- such terms are defined in paragraphs (45) and
violation.’’. force Innovation and Opportunity Act. (56), respectively, of section 3 of the Workforce
(b) EFFECTIVE DATE.—The amendments made SEC. 22003. YOUTH WORKFORCE INVESTMENT AC- Innovation and Opportunity Act), equity inter-
by this section shall take effect on January 1, TIVITIES. mediaries, and business and labor industry part-
2022. (a) APPROPRIATION.—In addition to amounts ner intermediaries, to create or expand only—
Subtitle C—Workforce Development Matters otherwise available, there is appropriated to the (A) registered apprenticeship programs;
PART 1—DEPARTMENT OF LABOR Department of Labor for fiscal year 2022, out of (B) pre-apprenticeship programs that articu-
SEC. 22001. DISLOCATED WORKER EMPLOYMENT any money in the Treasury not otherwise appro- late to registered apprenticeship programs; and
AND TRAINING ACTIVITIES. priated, $1,500,000,000, to remain available until (C) youth apprenticeship programs that—
(a) APPROPRIATION.—In addition to amounts September 30, 2026, which shall be allotted in ac- (i) provide participants with high-quality,
otherwise available, there is appropriated to the cordance with subparagraphs (B) and (C) of classroom-based related instruction and train-
Department of Labor for fiscal year 2022, out of section 127(b)(1) and reserved under subsection ing, and employment opportunities with pro-
any money in the Treasury not otherwise appro- (a) of section 128 of the Workforce Innovation gressively increasing wages; and
priated, $2,000,000,000, to remain available until and Opportunity Act, and allocated under sub- (ii) prepare participants for enrollment in an
September 30, 2026, which shall be allotted in ac- section (b) of section 128 of such Act for each institution of higher education (as defined in
cordance with subsection (b)(2) of section 132 local area to— section 101 or 102(c) of the Higher Education Act
and reserved under subsection (a) of section 133 (1) carry out the youth workforce investment of 1965), a registered apprenticeship program,
of the Workforce Innovation and Opportunity activities authorized under section 129 of the and employment.
Act, and allocated under subsection (b)(1)(B) of Workforce Innovation and Opportunity Act; (2) $500,000,000 for carrying out activities
section 133 of such Act for each local area to (2) provide opportunities for in-school youth through arrangements described in paragraph
provide— and out-of-school youth to participate in paid (1) to support programs described in such para-
(1) career services authorized under subsection work experiences described in subsection graph that serve a high number or high percent-
(c)(2) of section 134 of the Workforce Innovation (c)(2)(C) of section 129 of the Workforce Innova- age of individuals with barriers to employment
and Opportunity Act, including individualized tion and Opportunity Act; and (as defined in section 3(24) of the Workforce In-
career services described in section (3) partner with community-based organiza- novation and Opportunity Act), including indi-
134(c)(2)(A)(xii) of such Act; tions to support out-of-school youth, including viduals with disabilities, or nontraditional ap-
(2) supportive services and needs-related pay- those residing in high-crime or high-poverty prenticeship populations.
ments authorized under paragraphs (2) and (3) areas. SEC. 22007. INDUSTRY OR SECTOR PARTNERSHIP
of section 134(d) of the Workforce Innovation (b) SUPPLEMENT NOT SUPPLANT.—Amounts GRANTS.
and Opportunity Act, except that the require- made available to carry out this section shall be (a) APPROPRIATION.—In addition to amounts
ments of subparagraphs (B) and (C) of para- used to supplement and not supplant other Fed- otherwise available, there is appropriated to the
eral, State, and local public funds expended for
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graph (3) of such section shall not apply; and Department of Labor for fiscal year 2022, out of
(3) training services, including through indi- youth workforce investment activities, including any money in the Treasury not otherwise appro-
vidual training accounts, authorized under sec- funds provided under the Workforce Innovation priated, $4,600,000,000, to remain available until
tion 134(c)(3) of the Workforce Innovation and and Opportunity Act. September 30, 2026, for the Secretary to award,
Opportunity Act, except that for purposes of SEC. 22004. EMPLOYMENT SERVICE. on a competitive basis, grants, contracts, or co-
providing transitional jobs as part of those serv- In addition to amounts otherwise available, operative agreements to eligible partnerships for
ices under this section, section 134(d)(5) of such there is appropriated to the Department of the purposes of expanding employment and
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6387
training activities for high-skill, high-wage, or there is appropriated to the Department of 30, 2026, for the Senior Community Service Em-
in-demand industry sectors or occupations. Labor for fiscal year 2022, out of any money in ployment program authorized under section 502
(b) ELIGIBILITY.—To be eligible to receive the Treasury not otherwise appropriated, of the Older Americans Act of 1965.
funds under this section, an eligible partnership $250,000,000, to remain available until September SEC. 22013. PROVISION OF INFORMATION.
shall submit to the Secretary an application 30, 2026, to provide direct assistance to State For purposes of determinations of the eligi-
that includes a description of programs to be boards or local boards to support the creation or bility of individuals to participate in activities
supported with such funds, the recognized post- expansion of industry or sector partnerships in funded under this subtitle, the provision of in-
secondary credentials participants in such pro- local areas with high unemployment rates or formation for such determinations by Federal
grams will earn, and related employment oppor- high percentages of dislocated workers or indi- agencies other than the Department of Labor or
tunities for which participants in such programs viduals with barriers to employment, as com- the Department of Education shall not be re-
will be prepared. pared to State or national averages for such quired.
(c) USES OF FUNDS.—An eligible partnership rates or percentages. SEC. 22014. DEFINITIONS.
awarded funds under this section shall use such (f) SUPPLEMENT NOT SUPPLANT.—Amounts
funds to— made available to carry out this section shall be In this part:
(1) regularly engage and convene stakeholders used to supplement and not supplant other Fed- (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible
to develop, or expand, employment and training eral, State, and local public funds expended to partnership’’ means—
activities for the high-skill, high-wage, or in-de- support activities described in this section. (A) an industry or sector partnership, which
mand industry sector or occupation on which shall include multiple representatives described
SEC. 22008. JOB CORPS.
such partnership is focused; in each of clauses (i) through (iii) of paragraph
(a) APPROPRIATION.—In addition to amounts
(2) directly provide, or arrange for the provi- (26)(A) of section 3 of the Workforce Innovation
otherwise available, there is appropriated to the
sion of, high-quality, evidence-based training and Opportunity Act; or
Department of Labor for fiscal year 2022, out of
that leads to the attainment of nationally or re- (B) a State board or local board, a joint labor-
any amounts in the Treasury not otherwise ap-
gionally portable and stackable recognized post- management organization, or an entity eligible
propriated, $500,000,000, to remain available
secondary credentials for the industry sector or to be a representative under clause (i), (ii), or
until September 30, 2026—
occupation described in paragraph (1), which (iii) of paragraph (26)(A) of section 3 of the
(1) to provide funds to operators and service
shall include— Workforce Innovation and Opportunity Act,
providers to—
(A)(i) training services described in any clause (A) carry out the activities and services de- that is in the process of establishing an industry
of subparagraph (D) of section 134(c)(3) of the scribed in sections 148 and 149 of the Workforce or sector partnership described in subparagraph
Workforce Innovation and Opportunity Act pro- Innovation and Opportunity Act; and (A), to carry out a grant, contract, or coopera-
vided through contracts that meet the require- (B) improve and expand access to allowances tive agreement under section 22007.
ments of that section 134(c)(3); or and services described in section 150 of such Act; (2) EVIDENCE-BASED.—The term ‘‘evidence-
(ii) training provided through— based’’ has the meaning given the term in sec-
and
(I) registered apprenticeship programs; tion 3(23) of the Carl D. Perkins Career and
(II) pre-apprenticeship programs that articu- (2) for the construction, rehabilitation, and
acquisition of Job Corps centers, notwith- Technical Education Act of 2006.
late to registered apprenticeship programs; (3) REGISTERED APPRENTICESHIP PROGRAM.—
(III) youth apprenticeship programs that— standing section 158(c) of the Workforce Innova-
tion and Opportunity Act. The term ‘‘registered apprenticeship program’’
(aa) provide participants with high-quality,
(b) ELIGIBILITY OF OPERATORS AND SERVICE means an apprenticeship program registered
classroom-based related instruction and train-
PROVIDERS.—For the purposes of carrying out with the Office of Apprenticeship of the Em-
ing, and employment opportunities with pro-
subsection (a), an entity in a State or outlying ployment and Training Administration of the
gressively increasing wages; and
(bb) prepare participants for enrollment in an area (as such term is defined in section 3(45) of Department of Labor or a State apprenticeship
institution of higher education (as defined in the Workforce Innovation and Opportunity Act) agency recognized by the Office of Apprentice-
section 101 or 102(c)) of the Higher Education may be eligible to be selected as an operator or ship pursuant to the Act of August 16, 1937
Act of 1965), a registered apprenticeship pro- service provider. (commonly known as the ‘‘National Apprentice-
gram, and employment; or SEC. 22009. NATIVE AMERICAN PROGRAMS. ship Act’’; 50 Stat. 664, chapter 663).
(IV) joint labor-management organizations; In addition to amounts otherwise available, (4) SECRETARY.—The term ‘‘Secretary’’ means
and there is appropriated to the Department of the Secretary of Labor.
(B) the provision of information on related Labor for fiscal year 2022, out of any amounts (5) WIOA DEFINITIONS.—
skills or competencies that may be attained in the Treasury not otherwise appropriated, (A) IN GENERAL.—The terms ‘‘career path-
through such training or credentials; $50,000,000, to remain available until September way’’, ‘‘in-demand industry sector or occupa-
(3) directly provide, or arrange for the provi- 30, 2026, to carry out activities described in sec- tion’’, ‘‘individual with a barrier to employ-
sion of, services to help individuals with barriers tion 166(d)(2)(A) of the Workforce Innovation ment’’, ‘‘industry or sector partnership’’, ‘‘local
to employment prepare for, complete, and suc- and Opportunity Act. area’’, ‘‘local board’’, ‘‘recognized postsec-
cessfully transition out of training described in ondary credential’’, ‘‘State board’’, and ‘‘sup-
SEC. 22010. MIGRANT AND SEASONAL FARM-
paragraph (2), which services shall include ca- WORKER PROGRAMS. portive services’’ have the meanings given the
reer services, supportive services, or provision of In addition to amounts otherwise available, terms in paragraphs (7), (23), (24), (26), (32),
needs-related payments authorized under sub- there is appropriated to the Department of (33), (52), (57), and (59), respectively, of section
sections (c)(2), (d)(2), and (d)(3) of section 134 of Labor for fiscal year 2022, out of any amounts 3 of the Workforce Innovation and Opportunity
the Workforce Innovation and Opportunity Act, in the Treasury not otherwise appropriated, Act.
except that, for purposes of this section, sub- $70,000,000, to remain available until September (B) CAREER SERVICES.—The term ‘‘career serv-
paragraphs (B) and (C) of section 134(d)(3) of 30, 2026, to carry out activities described in sec- ices’’ means services described in section
that Act shall not apply; and tion 167(d) of the Workforce Innovation and Op- 134(c)(2) of the Workforce Innovation and Op-
(4) establish or implement plans for providers portunity Act, except that, for purposes of pro- portunity Act.
of programs supported with such funds to meet viding services as part of such activities to low- PART 2—DEPARTMENT OF EDUCATION
the criteria and carry out the procedures to be income individuals under this section, section SEC. 22101. ADULT EDUCATION AND LITERACY.
included on the eligible training services pro- 3(36)(A)(ii)(I) of such Act shall be applied by (a) APPROPRIATION.—In addition to amounts
vider list described in section 122(d) of the Work- substituting ‘‘150 percent of the poverty line’’ otherwise available, there is appropriated to the
force Innovation and Opportunity Act. for ‘‘the poverty line’’.
(d) ADMINISTRATION.—In addition to amounts Department of Education for fiscal year 2022,
SEC. 22011. YOUTHBUILD PROGRAM. out of any money in the Treasury not otherwise
otherwise available, there is appropriated to the
Department of Labor for fiscal year 2022, out of In addition to amounts otherwise available, appropriated, $700,000,000, to remain available
any money in the Treasury not otherwise appro- there is appropriated to the Department of until September 30, 2027, to carry out the pro-
priated, $150,000,000, to remain available until Labor for fiscal year 2022, out of any amounts gram of adult education and literacy activities
September 30, 2026, for— in the Treasury not otherwise appropriated, authorized under the Workforce Innovation and
(1) targeted outreach and support to eligible $15,000,000, to remain available until September Opportunity Act, except that, for each fiscal
partnerships serving local areas with high un- 30, 2026, to carry out activities described in sec- year for which an eligible agency receives funds
employment rates or high percentages of dis- tion 171(c)(2) of the Workforce Innovation and appropriated under this section, section
located workers or individuals with barriers to Opportunity Act, including for the purposes of 222(a)(1) of the Workforce Innovation and Op-
employment, to provide guidance and assistance improving and expanding access to services, sti- portunity Act shall be applied by substituting
in the application process under this section; pends, wages, and benefits described in sub- ‘‘not less than 10 percent’’ for ‘‘not more than 20
(2) administration of the program described in paragraphs (A)(vii) and (F) of section 171(c)(2) percent’’, and section 222(b) of such Act shall
this section, including providing comprehensive of such Act. not apply.
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technical assistance and oversight to support el- SEC. 22012. SENIOR COMMUNITY SERVICE EM- (b) SUPPLEMENT NOT SUPPLANT.—Amounts
igible partnerships; and PLOYMENT PROGRAM. made available to carry out this section shall be
(3) evaluating and reporting on the perform- In addition to amounts otherwise available, used to supplement and not supplant other Fed-
ance and impact of programs funded under this there is appropriated to the Department of eral, State, and local public funds expended to
section. Labor for fiscal year 2022, out of any amounts support adult education and literacy activities,
(e) STATE BOARD OR LOCAL BOARD FUNDS.— in the Treasury not otherwise appropriated, including funds provided under the Workforce
In addition to amounts otherwise available, $35,000,000, to remain available until September Innovation and Opportunity Act.
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H6388 CONGRESSIONAL RECORD — HOUSE November 18, 2021
SEC. 22102. CAREER AND TECHNICAL EDUCATION. including those created or developed using such meanings given the terms in paragraphs (7),
(a) APPROPRIATION.—In addition to amounts grant, and information on the related skills or (15), (23), and (55), respectively, of section 3 of
otherwise available, there is appropriated to the competencies and related employment and earn- the Carl D. Perkins Career and Technical Edu-
Department of Education for fiscal year 2022, ings outcomes. cation Act of 2006.
out of any money in the Treasury not otherwise (C) Establishing or implementing plans for (4) REGISTERED APPRENTICESHIP PROGRAM.—
appropriated, the following amounts, to remain providers of programs described in paragraph The term ‘‘registered apprenticeship program’’
available until September 30, 2027: (1) supported by such grant to meet the criteria means an apprenticeship program registered
(1) $600,000,000 for carrying out career and and carry out the procedures to be included on with the Office of Apprenticeship of the Em-
technical education programs authorized under the eligible training services provider list de- ployment and Training Administration of the
section 124 and section 135 of the Carl D. Per- scribed in section 122(d) of the Workforce Inno- Department of Labor or a State apprenticeship
kins Career and Technical Education Act of vation and Opportunity Act. agency recognized by the Office of Apprentice-
2006, which shall be allotted in accordance with (D) Purchasing, leasing, or refurbishing spe- ship pursuant to the Act of August 16, 1937
section 111 and section 112 of such Act, except cialized equipment necessary to carry out such (commonly known as the ‘‘National Apprentice-
that subsection (b) of section 112 shall not programs. ship Act’’; 50 Stat. 664, chapter 663).
apply. (E) Reducing participants’ cost of attendance (5) SECRETARY.—The term ‘‘Secretary’’ means
(2) $100,000,000 for carrying out the innova- in such programs. the Secretary of Education.
tion and modernization program in subsection (F) Establishing or expanding industry or sec- (6) WIOA DEFINITIONS.—
(e) of section 114 of the Carl D. Perkins Career tor partnerships to successfully carry out the (A) IN GENERAL.—The terms ‘‘career path-
and Technical Education Act of 2006, except activities supported by such grant under this way’’, ‘‘in-demand industry sector or occupa-
that, for purposes of this paragraph, paragraph paragraph, and paragraphs (1) and (2). tion’’, ‘‘individual with a barrier to employ-
(2) of such subsection and the 20 percent limita- (d) ADMINISTRATION.—In addition to amounts ment’’, ‘‘industry or sector partnership’’, ‘‘rec-
tion in paragraph (1) of such subsection shall otherwise available, there is appropriated to the ognized postsecondary credential’’, and ‘‘sup-
not apply and eligible agencies, as defined in Department of Education for fiscal year 2022, portive services’’ have the meanings given the
section 3(18) of such Act, shall be eligible to re- out of any money in the Treasury not otherwise terms in paragraphs (7), (23), (24), (26), (52), and
ceive grants under such program. appropriated, $100,000,000, to remain available (59), respectively, of section 3 of the Workforce
(b) SUPPLEMENT NOT SUPPLANT.—Amounts Innovation and Opportunity Act.
until September 30, 2026, to carry out, in coordi-
made available to carry out this section shall be (B) CAREER SERVICES.—The term ‘‘career serv-
nation of the Department of Labor, the fol-
used to supplement and not supplant other Fed- ices’’ means services described in section
lowing activities:
eral, State, and local public funds expended for 134(c)(2) of the Workforce Innovation and Op-
(1) Targeted outreach to eligible institutions
career and technical education programs, in-
serving a high number or high percentage of portunity Act.
cluding funds provided under the Carl D. Per-
low-income individuals or individuals with bar- PART 3—COMPETITIVE INTEGRATED EM-
kins Career and Technical Education Act of
riers to employment, and rural-serving eligible PLOYMENT TRANSFORMATION GRANT
2006.
institutions, to provide guidance and assistance PROGRAM
SEC. 22103. COMMUNITY COLLEGE AND INDUSTRY
PARTNERSHIP GRANTS. in the grant application process under this sec- SEC. 22201. COMPETITIVE INTEGRATED EMPLOY-
(a) APPROPRIATION.—In addition to amounts tion. MENT TRANSFORMATION GRANT
otherwise available, there is appropriated to the (2) Administration of the program described in PROGRAM.
Department of Education for fiscal year 2022, this section, including providing technical as- (a) APPROPRIATION.—In addition to amounts
out of any money in the Treasury not otherwise sistance and oversight to support eligible insti- otherwise made available, there is appropriated
appropriated, $4,900,000,000, to remain available tutions. to the Department of Labor for fiscal year 2022,
until September 30, 2026, for the Secretary, in (3) Evaluating and reporting on the perform- out of any money in the Treasury not otherwise
coordination with the Secretary of Labor, to ance and impact of programs funded under this appropriated, the following amounts, to remain
award grants, on a competitive basis, to eligible section. available through fiscal year 2029, for the Sec-
institutions for the purposes of expanding em- (e) SUPPLEMENT NOT SUPPLANT.—Amounts retary of Labor to award grants to covered
ployment and training activities for high-skill, available to carry out this section shall be used States in accordance with this section to assist
high-wage, or in-demand industry sectors or oc- to supplement and not supplant other Federal, employers in such States who were issued spe-
cupations. State, and local public funds expended to sup- cial certificates under section 14(c) of the Fair
(b) ELIGIBILITY.—To be eligible to receive such port activities described in this section. Labor Standards Act of 1938 (29 U.S.C. 214(c))
a grant, an eligible institution shall submit to (f) DEFINITIONS.—In this section: (referred to in this part as ‘‘special certificates’’)
the Secretary an application that includes a de- (1) COMMUNITY COLLEGE.—The term ‘‘commu- in transforming their business and program
scription of programs to be supported with such nity college’’ means— models from providing employment using special
grant, the recognized postsecondary credentials (A) a degree-granting public institution of certificates to business and program models that
participants in such programs will earn, and the higher education (as defined in section 101 of employ and support people with disabilities in
related employment opportunities for which par- the Higher Education Act of 1965) at which— competitive integrated employment:
ticipants in such programs will be prepared. (i) the highest degree awarded is an associate (1) $189,000,000 for subsection (d)(2)(B).
(c) USE OF FUNDS.—An eligible institution degree; or (2) $81,000,000 for subsection (d)(2)(C).
awarded a grant under this section shall use (ii) an associate degree is the most frequently (b) APPLICATIONS.—
such grant funds to expand opportunities for at- awarded degree; (1) IN GENERAL.—To be eligible to receive a
tainment of recognized postsecondary creden- (B) a 2-year Tribal College or University (as grant under this section, a covered State shall
tials that are nationally or regionally portable defined in section 316(b)(3) of the Higher Edu- submit an application to the Secretary at such
and stackable for high-skill, high-wage, or in- cation Act of 1965); time, in such manner, and including such infor-
demand industry sectors or occupations by— (C) a degree-granting Tribal College or Uni- mation as the Secretary may reasonably require.
(1) establishing, improving, or scaling high- versity (as defined in section 316(b)(3) of the (2) CONTENTS.—Each application submitted
quality, evidence-based education or career Higher Education Act of 1965) at which— under paragraph (1) shall include—
training programs, career pathway programs, or (i) the highest degree awarded is an associate (A) a description of the status of the employ-
work-based learning programs (including reg- degree; or ers in the covered State providing employment
istered apprenticeship programs or pre-appren- (ii) an associate degree is the most frequently using special certificates, including—
ticeships that articulate to registered appren- awarded degree; or (i) the number of employers in the covered
ticeship programs); (D) a branch campus of a 4-year public insti- State using special certificates to employ and
(2) providing services to help individuals with tution of higher education (as defined in section pay people with disabilities;
barriers to employment prepare for, complete, 101 of the Higher Education Act of 1965), if, at (ii) the number of employees in the covered
and successfully transition out of programs de- such branch campus— State employed under a special certificate;
scribed in paragraph (1) supported by such (i) the highest degree awarded is an associate (iii) the average number of hours such em-
grant, which shall include providing supportive degree; or ployees work per week; and
services, career services, career guidance and (ii) an associate degree is the most frequently (iv) the average hourly wage for such employ-
academic counseling, or job placement assist- awarded degree. ees;
ance; and (2) ELIGIBLE INSTITUTION.—The term ‘‘eligible (B) a description of activities to be funded
(3) carrying out 1 or more of the following: institution’’ means a community college, a post- under the grant, and the goals of such activi-
(A) Creating, developing, or expanding articu- secondary vocational institution (as defined in ties, including the activities of the covered State
lation agreements (as defined in section 486A(a) section 102(c) of the Higher Education Act of with respect to competitive integrated employ-
of the Higher Education Act of 1965), credit 1965), or a consortium of such colleges or insti- ment for people with disabilities; and
transfer agreements, corequisite remediation tutions, that is working directly with an indus- (C) assurances that—
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programs, dual or concurrent enrollment pro- try or sector partnership, or in the process of es- (i) the activities carried out under the grant
grams, or policies and processes to award aca- tablishing such partnership, to carry out a will result in—
demic credit for prior learning or for programs grant under this section. (I) each employer in the covered State that, on
described in paragraph (1) supported by such (3) PERKINS CTE DEFINITIONS.—The terms ‘‘ca- the date of enactment of this Act, provides em-
grant. reer guidance and academic counseling’’, ‘‘dual ployment using special certificates transforming
(B) Making available information on cur- or concurrent enrollment program’’, ‘‘evidence- its business and program models as described in
ricula and recognized postsecondary credentials, based’’, and ‘‘work-based learning’’ have the subsection (c)(1); and
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6389
(II) each employer in the covered State ceas- amount as the number of people with disabilities (c) USE OF FUNDS.—A covered State that re-
ing to use special certificates by the end of the who are employed under a special certificate in ceives a grant under this section shall use the
5-year grant period and no longer applying for the covered State bears to the total number of grant funds for activities to expand competitive
or renewing such certificates; people with disabilities who are employed under integrated employment and integrated services
(ii) each individual in the covered State who a special certificate in all covered States. to be provided to people with disabilities.
is employed under a special certificate will, as a (C) ALLOTMENT BASED ON THE NUMBER OF EM- (d) GRANT AWARD.—Not later than 18 months
result of such a transformation, be employed in PLOYERS WITH SPECIAL CERTIFICATES.—From the after the date of enactment of this Act, the Sec-
competitive integrated employment or a com- total amount of the funds appropriated under retary shall award each covered State a grant in
bination of competitive integrated employment subsection (a)(2), the Secretary shall allot to an amount that bears the same relationship to
and integrated services, including by compen- each covered State an amount that bears the the total amount appropriated under subsection
sating all employees of the employer for all same relationship to such total amount as the (a) as the population of the covered State bears
hours worked at a rate that is— number of employers in the covered State who to the total population of all covered States.
(I) not less than the higher of— have in effect a special certificate bears to the (e) GRANT PERIOD.—A grant under this sec-
(aa) the rate specified in section 6(a)(1) of the total number of employers in all covered States tion shall be awarded for a period of 5 years.
Fair Labor Standards Act of 1938 (29 U.S.C. who have in effect such a certificate. (f) DEFINITION OF COVERED STATE.—In this
206(a)(1)); (D) DATA.—In determining the number of peo- section, the term ‘‘covered State’’ means a State
(bb) the rate specified in an applicable State ple with disabilities who are employed under a (as defined in section 3 of the Fair Labor Stand-
or local minimum wage law; or special certificate for purposes of subparagraph ards Act of 1938 (29 U.S.C. 203)) that—
(cc) in the case of work on a contract that is (B) and the number of employers who have in (1) as of the date of enactment of this Act, has
subject to chapter 67 of title 41, United States effect a special certificate for purposes of sub- phased out, or is the process of phasing out, the
Code, the applicable prevailing wage rate under paragraph (C), the Secretary shall use the most use of special certificates in the State; and
such chapter; and accurate data available to the Secretary on the (2) submits an application under subsection
(II) not less than the rate paid by the em- date of enactment of this Act. (b) that meets the requirements under such sub-
ployer for the same or similar work performed by (E) GRANT PERIOD.—A grant under this para- section.
other employees who are not people with dis- graph shall be awarded for a period of 5 years. SEC. 22203. TECHNICAL ASSISTANCE.
abilities, and who are similarly situated in simi- (3) 14 OR FEWER COVERED STATES.— In addition to amounts otherwise made avail-
lar occupations by the same employer and who (A) IN GENERAL.—In a case in which the Sec- able, there is appropriated to the Department of
have similar training, experience, and skills; retary determines under paragraph (1) that Labor for fiscal year 2022, out of any money in
and there are 14 or fewer covered States, from the the Treasury not otherwise appropriated,
(iii) the covered State will establish an advi- funds appropriated under subsection (a), the $6,000,000, to remain available through fiscal
sory council to monitor and guide the process of Secretary shall award a grant to each covered year 2029, for the Secretary to, in partnership
transforming business and program models of State in an amount that the Secretary deter- with the Office of Special Education and Reha-
employers in the covered State as described in mines necessary for the covered State to accom- bilitative Services of the Department of Edu-
subsection (c)(1). plish the purpose of the grant described in such cation, establish, either directly or through
(c) USE OF FUNDS.—A covered State receiving subsection and for the Secretary to meet the re- grants, contracts, or cooperative agreements, a
a grant under this section shall use the grant quirements of this paragraph. national technical assistance center to—
funds for each of the following activities: (B) GRANT PERIODS.— (1) provide technical assistance to employers
(1) Identifying each employer in the State that (i) IN GENERAL.—The Secretary shall award who are transforming from employing people
will transform its business and program models grants under this paragraph for 2 separate, 5- with disabilities using special certificates to em-
from employing people with disabilities using year grant periods. ploying people with disabilities in competitive
special certificates to employing people with dis- (ii) SECOND 5-YEAR GRANT PERIOD.—Grants for integrated employment settings; and
abilities in competitive integrated employment the second 5-year grant period shall be award- (2) collect and disseminate information on evi-
settings, or a setting involving a combination of ed— dence-based practices for such transformations
competitive integrated employment and inte- (I) not earlier than the end of the second year and for providing competitive integrated em-
grated services. of the first 5-year grant period described in ployment and integrated services.
(2) Implementing a service delivery infrastruc- paragraph (1)(B)(ii); and SEC. 22204. SUPPLEMENT AND NOT SUPPLANT.
ture to support people with disabilities who (II) not later than September 30, 2025. Any funds made available to a State under
have been employed under special certificates (C) LIMIT ON NUMBER OF GRANTS.—No State this part shall be used to supplement and not
through such a transformation, including pro- may receive more than 1 grant under this para- supplant any Federal, State, or local public
viding enhanced integrated services to support graph. funds expended—
people with the most significant disabilities. (e) DEFINITION OF COVERED STATE.—In this (1) to assist employers in such State who were
(3) Expanding competitive integrated employ- section, the term ‘‘covered State’’ means a State issued a special certificate in transforming (or
ment and integrated services to be provided to (as defined in section 3 of the Fair Labor Stand- continuing to transform) their business and pro-
such people as a result of transformations de- ards Act of 1938 (29 U.S.C. 203)) that— gram models from providing employment using
scribed in paragraph (1). (1) as of the date of enactment of this Act, has special certificates to business and program
(d) ALLOTMENTS.— not phased out, or is not in the process of phas- models that employ and support people with dis-
(1) IN GENERAL.—Not later than 18 months ing out, the use of special certificates in the abilities in competitive integrated employment;
after the date of enactment of this Act, the Sec- State; and or
retary shall— (2) submits an application under subsection (2) to support the employment of people with
(A) determine the number of covered States; (b) that meets the requirements under such sub- disabilities in competitive integrated employ-
and section. ment.
(B)(i) in a case in which the Secretary deter- SEC. 22202. GRANTS FOR STATES TO EXPAND SEC. 22205. DEFINITIONS.
mines that there are 15 or more covered States, COMPETITIVE INTEGRATED EMPLOY-
MENT.
In this part:
award each covered State a grant under para- (1) COMPETITIVE INTEGRATED EMPLOYMENT.—
graph (2); or (a) APPROPRIATION.—In addition to amounts
The term ‘‘competitive integrated employment’’
(ii) in a case in which the Secretary deter- otherwise made available, there is appropriated
has the meaning given such term in section 7(5)
mines that there are 14 or fewer covered States, to the Department of Labor for fiscal year 2022,
of the Rehabilitation Act of 1973 (29 U.S.C.
award each covered State a grant under para- out of any money in the Treasury not otherwise
705(5)).
graph (3) for the first 5-year grant period under appropriated, $24,000,000, to remain available (2) EMPLOYEE; EMPLOYER.—The terms ‘‘em-
such paragraph. through fiscal year 2029, for the Secretary of ployee’’ and ‘‘employer’’ have the meanings
(2) 15 OR MORE COVERED STATES.— Labor to award grants to covered States in ac- given such terms in section 3 of the Fair Labor
(A) IN GENERAL.—In a case in which the Sec- cordance with this section to assist employers in Standards Act of 1938 (29 U.S.C. 203).
retary determines under paragraph (1) that such States who were issued special certificates (3) INTEGRATED SERVICES.—The term ‘‘inte-
there are 15 or more covered States, from the in continuing to transform their business and grated services’’ means services for people with
funds appropriated under subsection (a), the program models from providing employment disabilities that are—
Secretary shall allot to each covered State a using special certificates to business and pro- (A) designed to assist such people in devel-
grant under this section in an amount equal to gram models that employ and support people oping skills and abilities to reside successfully in
the sum of— with disabilities in competitive integrated em- home and community-based settings;
(i) the allotment made to the covered State in ployment. (B) provided in accordance with a person-cen-
accordance with subparagraph (B); and (b) APPLICATIONS.—To be eligible to receive a tered written plan of care;
(ii) the allotment made to the covered State in grant under this section, a covered State shall (C) created using evidence-based practices
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accordance with subparagraph (C). submit an application to the Secretary at such that lead to such people—
(B) ALLOTMENT BASED ON THE NUMBER OF EM- time, in such manner, and include such infor- (i) maintaining competitive integrated employ-
PLOYEES EMPLOYED UNDER SPECIAL CERTIFI- mation as the Secretary may reasonably require, ment;
CATES.—From the total amount of the funds ap- including a description of activities to be funded (ii) achieving independent living; or
propriated under subsection (a)(1), the Secretary under the grant and the activities of the covered (iii) maximizing socioeconomic self-sufficiency,
shall allot to each covered State an amount that State with respect to competitive integrated em- optimal independence, and full participation in
bears the same relationship to such total ployment for people with disabilities. the community;
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H6390 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(D) provided in a community location that is of 1965 (20 U.S.C. 1001) or section 102(a)(1)(B) of years, and may be renewed. The Secretary, in
not specifically intended for people with disabil- such Act (20 U.S.C. 1002(a)(1)(B))); or coordination with the Secretary of Health and
ities; (II) an area career and technical education Human Services acting through the Adminis-
(E) provided in a location that— school; or trator of the Administration for Community Liv-
(i) allows the people receiving the services to (ix) a consortium of entities listed in any of ing, shall award grants (including any renew-
interact with people without disabilities to the clauses (i) through (vii). als) under this section in 3-year cycles subject to
fullest extent possible; and (C) FAMILY CAREGIVER.—The term ‘‘family the limits set forth in subsection (a).
(ii) makes it possible for the people receiving caregiver’’ means a paid or unpaid adult family (c) USE OF FUNDS.—
the services to access community resources that member or other individual who has a signifi- (1) REQUIRED USE OF FUNDS.—Each eligible
are not specifically intended for people with dis- cant relationship with, and who provides a entity receiving a grant under subsection (a)
abilities and to have the same opportunity to broad range of assistance to, an individual with shall use the grant funds to provide competitive
participate in the community as people who do a chronic or other health condition, disability, wages, benefits, and other supportive services,
not have a disability; and or functional limitation. including transportation, child care, dependent
(F) provided in multiple locations to allow the (D) HOME AND COMMUNITY-BASED SERVICES.— care, workplace accommodations, and work-
individual receiving the services to have options, The term ‘‘home and community-based services’’ place health and safety protections, to the direct
thereby— has the meaning given such term in section support workers served by the grant that are
(i) optimizing individual initiative, autonomy, 9817(a)(2) of the American Rescue Plan Act of necessary to enable such workers to participate
and independence; and 2021 (Public Law 117–2). in the activities supported by the grant.
(ii) facilitating choice regarding services and (E) PERSON WITH A DISABILITY.—The term (2) ADDITIONAL ACTIVITIES.—In addition to
supports, and choice regarding the provider of ‘‘person with a disability’’ means an individual the requirement described in paragraph (1),
such services. with a disability as defined in section 3 of the each eligible entity receiving a grant under sub-
(4) PEOPLE WITH DISABILITIES.—The term Americans with Disabilities Act of 1990 (42 section (a) shall use the grant funds for one or
‘‘people with disabilities’’ includes individuals U.S.C. 12102). more of the following activities:
described in section 14(c)(1) of the Fair Labor (F) PRE-APPRENTICESHIP PROGRAM.—The term (A) Developing and implementing a strategy
Standards Act of 1938 (29 U.S.C. 214(c)(1)). ‘‘pre-apprenticeship program’’ means a program for the recruitment of direct support workers.
(5) SECRETARY.—The term ‘‘Secretary’’ means that articulates to a registered apprenticeship (B) Developing and implementing a strategy
the Secretary of Labor. program. for the retention of direct support workers using
(G) REGISTERED APPRENTICESHIP PROGRAM.— evidence-based best practices, such as providing
PART 4—RECRUITMENT, EDUCATION AND
The term ‘‘registered apprenticeship program’’ mentoring to such workers, including a strategy
TRAINING, RETENTION, AND CAREER
means an apprenticeship program registered that can also support family caregivers.
ADVANCEMENTS FOR THE DIRECT CARE
with the Office of Apprenticeship of the Em- (C) Developing or implementing an education
WORKFORCE
ployment Training Administration of the De- and training program for the direct support
SEC. 22301. DEFINITIONS. partment of Labor or a State apprenticeship workers served by the grant, which shall in-
In this part: agency recognized by the Office of Apprentice- clude—
(1) CTE DEFINITIONS.—The terms ‘‘area career ship pursuant to the Act of August 16, 1937 (i) education and training on—
and technical education school’’, ‘‘evidence- (commonly known as the ‘‘National Apprentice- (I) the rights of direct support workers under
based’’, and ‘‘work-based learning’’ have the ship Act’’; 50 Stat. 664, chapter 663). applicable Federal, State, or local employment
meanings given such terms in paragraphs (3), (H) SECRETARY.—The term ‘‘Secretary’’ means law on—
(23), and (55), respectively, of section 3 of the the Secretary of Labor. (aa) wages and hours, including under sec-
Carl D. Perkins Career and Technical Edu- (I) STATE.—The term ‘‘State’’ means each of tions 3, 6, 7, 12, and 13 of the Fair Labor Stand-
cation Act of 2006 (20 U.S.C. 2302). the 50 States of the United States, the District of ards Act of 1938 (29 U.S.C. 203, 206, 207, 212,
(2) WIOA DEFINITIONS.—The terms ‘‘career Columbia, the Commonwealth of Puerto Rico, 213);
pathway’’, ‘‘career planning’’, ‘‘individual with American Samoa, Guam, the United States Vir- (bb) safe working conditions, including under
a barrier to employment’’, ‘‘local board’’, ‘‘older gin Islands, and the Commonwealth of the section 5 of the Occupational Safety and Health
individual’’, ‘‘on-the-job training’’, ‘‘recognized Northern Mariana Islands. Act of 1970 (29 U.S.C. 654); and
postsecondary credential’’, and ‘‘State board’’ SEC. 22302. GRANTS TO SUPPORT THE DIRECT (cc) forming, joining, or assisting a labor orga-
have the meanings given such terms paragraphs CARE WORKFORCE. nization, including under sections 7 and 8 of the
(7), (8), (24), (33), (39), (44), (52), and (57), re- (a) GRANTS AUTHORIZED.—In addition to National Labor Relations Act (29 U.S.C. 157,
spectively, of section 3 of the Workforce Innova- amounts otherwise available, there is appro- 158); and
tion and Opportunity Act (29 U.S.C. 3102). priated to the Secretary for fiscal year 2022, out (II) relevant Federal and State laws (includ-
(3) OTHER DEFINITIONS.— of any money in the Treasury not otherwise ap- ing regulations) on the provision of home and
(A) DIRECT SUPPORT WORKER.—The term ‘‘di- propriated, $1,000,000,000, to remain available community-based services; and
rect support worker’’ means— until September 30, 2031, for awarding, on a (ii) providing a progressively increasing, clear-
(i) a direct support professional; competitive basis, grants to eligible entities to ly defined schedule of hourly wages to be paid
(ii) a worker providing direct care services, carry out the activities described in subsection to each direct support worker served by the
which may include palliative care, in a home or (c) with respect to direct support workers. grant for each hour the worker spends on edu-
community-based setting; (b) APPLICATIONS; AWARD BASIS.— cation or training provided through the program
(iii) a respite care provider who provides (1) APPLICATIONS.— described in this subparagraph, with a schedule
short-term support and care to an individual in (A) IN GENERAL.—An eligible entity seeking a of hourly wages that—
order to provide relief to a family caregiver; grant under subsection (a) shall submit to the (I) is consistent with measurable skill gains or
(iv) a direct care worker, as defined in section Secretary an application at such time, in such attainment of a recognized postsecondary cre-
799B of the Public Health Service Act (42 U.S.C. manner, and containing such information as the dential received as a result of participation in or
295p); or Secretary, in coordination with the Secretary of completion of such education or training pro-
(v) an individual in any other position or job Health and Human Services acting through the gram; and
related to those described in clauses (i) through Administrator of the Administration for Commu- (II) ensures that each such worker is com-
(iv), as determined by the Secretary in consulta- nity Living, may require. pensated for each hour the worker spends on
tion with the Secretary of Health and Human (B) CONTENTS.—Each application under sub- education or training through such program at
Services acting through the Administrator for paragraph (A) shall include— an entry rate that is not less than the greater of
the Administration for Community Living. (i) a description of the type or types of direct the applicable minimum wage required by other
(B) ELIGIBLE ENTITY.—The term ‘‘eligible enti- support workers the entity plans to serve applicable Federal, State, or local law, or a col-
ty’’ means an entity that is— through the activities supported by the grant; lective bargaining agreement;
(i) a State; (ii) a description of the one or more eligible (iii) developing and implementing a strategy
(ii) a labor organization or a joint labor-man- entities collaborating to carry out the activities for the retention and career advancement of the
agement organization; described in subsection (c); and direct support workers served by the grant, in-
(iii) a nonprofit organization with experience (iii) an assurance that— cluding providing career planning for the direct
in aging, disability, supporting the rights and (I) the eligible entity will consult on the devel- support workers served by the grant to support
interests of direct support workers, or training opment and implementation of the grant, with the identification of advancement opportunities,
or educating direct support workers; direct support workers, their representatives, and career pathways in the direct care or home
(iv) an Indian Tribe or Tribal organization; and recipients of direct care services and their care sectors; and
(v) an urban Indian organization; families; and (iv) using evidence-based models and stand-
(vi) a State board or local board; (II) the eligible entity will consult on the im- ards for achievement for the attainment of any
(vii) an area agency on aging (as defined in plementation of the grant, or coordinate the ac- associated recognized postsecondary credentials,
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section 102 of the Older Americans Act of 1965 tivities of the grant, with the agencies in the which include—
(42 U.S.C. 3002)); State that are responsible for developmental dis- (I) supporting opportunities to participate in
(viii) when in partnership with an entity de- ability services, aging, education, workforce de- pre-apprenticeship or registered apprenticeship
scribed in any of clauses (i) through (vii) or velopment, and Medicaid, to the extent that programs, work-based learning, or on-the-job
with a consortium described in clause (ix)— each such entity is not the eligible entity. training;
(I) an institution of higher education (as de- (2) DURATION OF GRANTS.—A grant awarded (II) providing on-the-job supervision or men-
fined in section 101 of the Higher Education Act under this section shall be for a period of 3 toring to support the development of related
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6391
skills and competencies throughout completion (F) health treatment (including mental health vider, a family child care provider, or other pro-
of such credentials; and and substance use treatment) for a condition vider of child care services for compensation
(III) training on the in-demand skills and that prevents the parent from participating in that—
competencies of direct support workers served by other eligible activities; (i) is licensed to provide child care services
the grant, including the provision of culturally (G) activities to prevent child abuse and ne- under State law or, in the case of an Indian
competent and disability competent supports glect, or family violence prevention or interven- Tribe or Tribal organization, meets the rules set
and services. tion activities; by the Secretary;
(d) SUPPLEMENT AND NOT SUPPLANT.—An eli- (H) employment and training activities under (ii) participates in the State’s tiered system for
gible entity receiving a grant under this section the supplemental nutrition assistance program measuring the quality of eligible child care pro-
shall use such grant only to supplement, and established under section 6(d)(4) the Food and viders described in subsection (f)(4)(B), or, in
not supplant, the amount of funds that, in the Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)); the case of an Indian Tribe or Tribal organiza-
absence of such grant, would be available to the (I) employment and training activities under tion, meets the rules set by the Secretary—
eligible entity to address the recruitment, edu- the Workforce Innovation and Opportunity Act; (I) not later than the last day of the third fis-
cation and training, retention, or career ad- (J) a work activity described in subsection (d) cal year for which the State receives funds
vancement of direct support workers in the State of section 407 of the Social Security Act (42 under this section; and
served by the grant. U.S.C. 607) for which, consistent with clauses (II) for the remainder of the period for which
PART 5—DEPARTMENT OF LABOR INSPEC- (ii) and (iii) of section 402(a)(1)(A) of such Act the provider receives funds under this section;
TOR GENERAL AND PROGRAM ADMINIS- (42 U.S.C. 602(a)(1)(A)), a parent or caretaker is and
TRATION FUNDING treated as being engaged in work for a month in (iii) satisfies the State and local requirements
a fiscal year for purposes of the program of applicable to eligible child care providers under
SEC. 22401. DEPARTMENT OF LABOR INSPECTOR
block grants to States for temporary assistance the Child Care and Development Block Grant
GENERAL.
for needy families established under part A of Act of 1990, including those requirements de-
In addition to amounts otherwise available,
title IV of the Social Security Act; and scribed in section 658E(c)(2)(I) of such Act (42
there is appropriated to the Office of Inspector (K) taking leave under the Family and Med- U.S.C. 9858c(c)(2)(I)).
General of the Department of Labor for fiscal ical Leave Act of 1993 (or equivalent provisions (B) SPECIAL RULE.—A child care provider who
year 2022, out of any money in the Treasury not for Federal employees), a State or local paid or is eligible to provide child care services in a
otherwise appropriated, $40,000,000, to remain unpaid leave law, or a program of employer-pro- State for children receiving assistance under the
available until expended, for salaries and ex- vided leave. Child Care and Development Block Grant Act of
penses necessary for oversight, investigations, (4) ELIGIBLE CHILD.— 1990 on the date the State submits an applica-
and audits of programs, grants, and projects of (A) IN GENERAL.—The term ‘‘eligible child’’ tion for funds under this section, and remains in
the Department of Labor funded under this sub- means an individual, subject to subsection compliance with any licensing or registration
title and subtitle B of this title. (g)(1)(C)(i)(III)— standards, or regulations, of the State, shall be
SEC. 22402. PROGRAM ADMINISTRATION. (i) who is less than 6 years of age; deemed to be an eligible child care provider
In addition to amounts otherwise available, (ii) who is not yet in kindergarten;
under this section for 3.5 years after the State
there is appropriated to the Department of (iii) whose family income—
(I) does not exceed 100 percent of the State first receives funding under this section.
Labor for fiscal year 2022, out of any money in (6) FMAP.—The term ‘‘FMAP’’ has the mean-
the Treasury not otherwise appropriated, median income for a family of the same size for
fiscal year 2022; ing given the term ‘‘Federal medical assistance
$90,000,000, to remain available until September percentage’’ in the first sentence of section
30, 2029, for program administration within the (II) does not exceed 125 percent of such State
median income for fiscal year 2023; 1905(b) of the Social Security Act (42 U.S.C.
Department of Labor for salaries and expenses 1396d(b)).
necessary to implement part 1 (other than sec- (III) does not exceed 150 percent of such State
median income for fiscal year 2024; and (7) FAMILY CHILD CARE PROVIDER.—The term
tion 22007), and parts 3 and 4, of this subtitle. ‘‘family child care provider’’ means one or more
(IV) does not exceed 250 percent of such State
Subtitle D—Child Care and Universal Pre- median income for each of the fiscal years 2025 individuals who provide child care services, in a
kindergarten through 2027; and private residence other than the residences of
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE (iv) who— the children involved, for less than 24 hours per
AND EARLY LEARNING ENTITLE- (I) resides with a parent or parents who are day per child, or for 24 hours per day per child
MENT. participating in an eligible activity; due to the nature of the work of the parent in-
(a) CHILD CARE DEFINITIONS.—The definitions (II) is included in a population of vulnerable volved.
in section 658P of the Child Care and Develop- children identified by the lead agency involved, (8) INCLUSIVE CARE.—The term ‘‘inclusive’’,
ment Block Grant Act of 1990 (42 U.S.C. 9858n) which at a minimum shall include children with with respect to care (including child care),
shall apply to this section, except as provided in disabilities, infants and toddlers with disabil- means care provided by an eligible child care
subsection (b) and as otherwise specified. ities, children experiencing homelessness, chil- provider—
(b) ADDITIONAL DEFINITIONS.—In this section: dren in foster care, children in kinship care, (A) for whom the percentage of children
(1) CHILD CARE CERTIFICATE.— and children who are receiving, or need to re- served by the provider who are children with
(A) IN GENERAL.—The term ‘‘child care certifi- ceive, child protective services; or disabilities or infants or toddlers with disabil-
cate’’ means a certificate (that may be a check (III) resides with a parent who is more than 65 ities reflects the prevalence of children with dis-
or other disbursement) that is issued by a State, years of age. abilities and infants and toddlers with disabil-
Tribal, territorial, or local government under (B) EXPANDED ELIGIBILITY RULE FOR FISCAL ities (whichever the provider serves) among chil-
this section directly to a parent who shall use YEARS 2022 THROUGH 2024.— dren within the State involved; and
such certificate only as payment for child care (i) IN GENERAL.—A child who is eligible to re- (B) that provides care and full participation
services or as a deposit for child care services if ceive services under this subparagraph shall be for children with disabilities and infants and
such a deposit is required of other children treated as an eligible child for the other provi- toddlers with disabilities (whichever the pro-
being cared for by the provider. sions of this section. vider serves) alongside children who are—
(B) RULE.—Nothing in this section shall pre- (ii) RULE.—Notwithstanding subparagraph (i) not children with disabilities; and
clude the use of such certificates for sectarian (A)(iii), a State may use the payments under (ii) not infants and toddlers with disabilities.
child care services if freely chosen by the par- subsection (g)(1) for fiscal year 2022, 2023, or (9) INFANT OR TODDLER.—The term ‘‘infant or
ent. For the purposes of this section, child care 2024, to provide direct child care services de- toddler’’ means an individual who is less than 3
certificates shall be considered Federal financial scribed in subsection (h)(1)(A) to children who years of age.
assistance to the provider. meet the requirements of clauses (i), (ii), and (10) INFANT OR TODDLER WITH A DISABILITY.—
(2) CHILD EXPERIENCING HOMELESSNESS.—The (iv) of subparagraph (A) and whose family in- The term ‘‘infant or toddler with a disability’’
term ‘‘child experiencing homelessness’’ means come exceeds the percentage specified in sub- has the meaning given the term in section 632 of
an individual who is a homeless child or youth paragraph (A)(iii) (but does not exceed 250 per- the Individuals with Disabilities Education Act
under section 725 of the McKinney-Vento Home- cent) of State median income for a family of the (20 U.S.C. 1432).
less Assistance Act (42 U.S.C. 11434a). same size for a given fiscal year, if the State has (11) LEAD AGENCY.—The term ‘‘lead agency’’
(3) ELIGIBLE ACTIVITY.—The term ‘‘eligible ac- appropriately prioritized, subject to approval by means the agency designated under subsection
tivity’’, with respect to a parent, shall include, the Secretary, assistance for such services based (e).
at minimum, activities consisting of— on family income. (12) STATE.—The term ‘‘State’’ means any of
(A) full-time or part-time employment; (iii) VARIATION IN COST OF LIVING.—In deter- the 50 States and the District of Columbia.
(B) self-employment; mining eligibility under this subparagraph, the (13) TERRITORY.—The term ‘‘territory’’ means
(C) job search activities; State may take into consideration geographic the Commonwealth of Puerto Rico, the Virgin
(D) job training; variation in the cost of living among regions of Islands of the United States, Guam, American
dlhill on DSK120RN23PROD with HOUSE
(E) secondary, postsecondary, or adult edu- the State and expand eligibility for children de- Samoa, and the Commonwealth of the Northern
cation, including education through a program scribed in clause (ii) in a region of the State Mariana Islands.
of high school classes, a course of study at an based on such variation, subject to approval by (c) APPROPRIATIONS.—
institution of higher education, classes towards the Secretary. (1) STATES.—
an equivalent of a high school diploma recog- (5) ELIGIBLE CHILD CARE PROVIDER.— (A) STATE APPROPRIATIONS.—In addition to
nized by State law, or English as a second lan- (A) IN GENERAL.—The term ‘‘eligible child care amounts otherwise available, there is appro-
guage classes; provider’’ means a center-based child care pro- priated to the Department of Health and Human
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H6392 CONGRESSIONAL RECORD — HOUSE November 18, 2021
Services for fiscal year 2022, out of any money out activities described in paragraph (4), (5), or (5) HEAD START EXPANSION IN NONPARTICI-
in the Treasury not otherwise appropriated— (6)), consistent, to the extent practicable as de- PATING STATES.—In addition to amounts other-
(i)(I) $11,460,000,000, to remain available until termined by the Secretary, with the require- wise available, there is appropriated to the De-
September 30, 2027, for States and the Common- ments applicable to States— partment of Health and Human Services for fis-
wealth of Puerto Rico, to carry out the activities (i) $960,000,000, to remain available until Sep- cal year 2022, out of any money in the Treasury
described in subsection (h)(1)(A) in fiscal year tember 30, 2027, to carry out the child care pro- not otherwise appropriated—
2022; gram in fiscal year 2022; (A) $2,850,000,000, to remain available until
(II) $5,730,000,000, to remain available until (ii) $1,360,000,000, to remain available until September 30, 2027, to carry out the program of
September 30, 2027, for States and the Common- September 30, 2027, to carry out the child care awards to Head Start agencies described in sub-
wealth of Puerto Rico, to carry out the activities program in fiscal year 2023; and section (i)(3) in fiscal year 2023;
described in subsection (h)(1)(B) in fiscal year (iii) $1,680,000,000 to remain available until (B) $2,850,000,000, to remain available until
2022; September 30, 2027, to carry out the child care
September 30, 2027, to carry out the program of
(III) $4,125,600,000, to remain available until program in fiscal year 2024.
awards to Head Start agencies described in sub-
September 30, 2027, for States and the Common- (B) INDIAN TRIBE AND TRIBAL ORGANIZATION
ENTITLEMENT.—In addition to amounts other-
section (i)(3) in fiscal year 2024;
wealth of Puerto Rico, to carry out the activities (C) $2,850,000,000, to remain available until
described in subparagraph (A) or (B) of sub- wise available, there is appropriated to the De-
partment of Health and Human Services, out of September 30, 2027, to carry out the program of
section (h)(1), as determined by the State or awards to Head Start agencies described in sub-
Commonwealth, in fiscal year 2022; and any money in the Treasury not otherwise appro-
priated, such sums as may be necessary for each section (i)(3) in fiscal year 2025;
(IV) $1,604,400,000, to remain available until (D) $2,850,000,000, to remain available until
September 30, 2027, for States and the Common- of fiscal years 2025 through 2027, for payments
to Indian Tribes and Tribal organizations, for September 30, 2027, to carry out the program of
wealth of Puerto Rico, to carry out the activities awards to Head Start agencies described in sub-
described in subparagraph (A), (B), or (C) of the purpose of carrying out the child care pro-
gram described in this section (other than car- section (i)(3) in fiscal year 2026; and
subsection (h)(1), as determined by the State or (E) $2,850,000,000, to remain available until
Commonwealth, in fiscal year 2022; rying out activities described in paragraph (4),
(5), or (6)), consistent, to the extent practicable September 30, 2027, to carry out the program of
(ii)(I) $16,235,000,000, to remain available until awards to Head Start agencies described in sub-
September 30, 2027, for States and the Common- as determined by the Secretary, with the re-
quirements applicable to States. section (i)(3) in fiscal year 2027.
wealth of Puerto Rico, to carry out the activities (6) FEDERAL ADMINISTRATION.—
described in subsection (h)(1)(A) in fiscal year (3) TERRITORIES.—
(A) TERRITORY APPROPRIATIONS.—In addition (A) FISCAL YEARS 2022 THROUGH 2025.—In addi-
2023; tion to amounts otherwise available, there is ap-
to amounts otherwise available, there is appro-
(II) $8,117,500,000, to remain available until propriated to the Department of Health and
priated to the Department of Health and Human
September 30, 2027, for States and the Common- Human Services for fiscal year 2022, out of any
Services for fiscal year 2022, out of any money
wealth of Puerto Rico, to carry out the activities money in the Treasury not otherwise appro-
in the Treasury not otherwise appropriated, for
described in subsection (h)(1)(B) in fiscal year priated—
grants to Guam, American Samoa, the Common-
2023;
wealth of the Northern Mariana Islands, and (i) $130,000,000, to remain available until Sep-
(III) $5,844,600,000, to remain available until
the United States Virgin Islands for the purpose tember 30, 2027, to carry out subsections (k) and
September 30, 2027, for States and the Common-
of carrying out the child care program described (l) in fiscal year 2022;
wealth of Puerto Rico, to carry out the activities
in this section (other than carrying out activi- (ii) $130,000,000, to remain available until Sep-
described in subparagraph (A) or (B) of sub-
ties described in paragraph (4), (5), or (6)), con- tember 30, 2027, to carry out subsections (k) and
section (h)(1), as determined by the State or
sistent, to the extent practicable as determined (l) in fiscal year 2023;
Commonwealth, in fiscal year 2023; and
(IV) $2,272,900,000, to remain available until by the Secretary, with the requirements applica- (iii) $130,000,000, to remain available until
September 30, 2027, for States and the Common- ble to States— September 30, 2027, to carry out subsections (k)
(i) $120,000,000, to remain available until Sep- and (l) in fiscal year 2024; and
wealth of Puerto Rico, to carry out the activities
tember 30, 2027, to carry out the child care pro- (iv) $130,000,000, to remain available until Sep-
described in subparagraph (A), (B), or (C) of
gram in fiscal year 2022; tember 30, 2027, to carry out subsections (k) and
subsection (h)(1), as determined by the State or
(ii) $170,000,000, to remain available until Sep- (l) in fiscal year 2025.
Commonwealth, in fiscal year 2023; and
tember 30, 2027, to carry out the child care pro- (B) FISCAL YEARS 2026 THROUGH 2027.—In addi-
(iii)(I) $20,055,000,000, to remain available
gram in fiscal year 2023; and tion to amounts otherwise available, there is ap-
until September 30, 2027, for States and the (iii) $210,000,000, to remain available until
Commonwealth of Puerto Rico, to carry out the propriated to the Department of Health and
September 30, 2027, to carry out the child care Human Services, out of any money in the Treas-
activities described in subsection (h)(1)(A) in fis- program in fiscal year 2024.
cal year 2024; ury not otherwise appropriated, for each of fis-
(B) TERRITORY ENTITLEMENT.—In addition to cal years 2026 and 2027, an amount equal to 1.06
(II) $10,027,500,000, to remain available until amounts otherwise available, there is appro-
September 30, 2027, for States and the Common- percent of the prior year’s appropriation under
priated to the Department of Health and Human paragraph (1)(B), to carry out subsections (k)
wealth of Puerto Rico, to carry out the activities Services, out of any money in the Treasury not
described in subsection (h)(1)(B) in fiscal year and (l).
otherwise appropriated, such sums as may be (d) ESTABLISHMENT OF BIRTH THROUGH FIVE
2024; necessary for each of fiscal years 2025 through
(III) $7,219,800,000, to remain available until CHILD CARE AND EARLY LEARNING ENTITLEMENT
2027, for payments to territories, for the purpose PROGRAM.—
September 30, 2027, for States and the Common- of carrying out the child care program described
wealth of Puerto Rico, to carry out the activities (1) IN GENERAL.—The Secretary is authorized
in this section (other than carrying out activi- to administer a child care and early learning en-
described in subparagraph (A) or (B) of sub- ties described in paragraph (4), (5), or (6)), con-
section (h)(1), as determined by the State or titlement program under which an eligible child,
sistent, to the extent practicable as determined in a State, territory, or Indian Tribe, or served
Commonwealth, in fiscal year 2024; and by the Secretary, with the requirements applica-
(IV) $2,807,700,000, to remain available until by a Tribal organization, with an approved ap-
ble to States. plication under subsection (f) or (g), shall be
September 30, 2027, for States and the Common- (4) GRANTS TO LOCALITIES.—In addition to
wealth of Puerto Rico, to carry out the activities provided an opportunity to obtain high-quality
amounts otherwise available, there is appro-
described in subparagraph (A), (B), or (C) of child care services, subject to the requirements
priated to the Department of Health and Human
subsection (h)(1), as determined by the State or of this section.
Services for fiscal year 2022, out of any money
Commonwealth, in fiscal year 2024. (2) ASSISTANCE FOR EVERY ELIGIBLE CHILD.—
in the Treasury not otherwise appropriated—
(B) STATE ENTITLEMENT.—In addition to (A) $950,000,000, to remain available until Sep- Beginning on October 1, 2024, every child who
amounts otherwise available, there is appro- tember 30, 2027, to carry out the program of applies for assistance under this section, who is
priated to the Department of Health and Human grants to localities described in subsection (i)(2) in a State with an approved application under
Services, out of any money in the Treasury not in fiscal year 2023; subsection (g), or in a territory or Indian Tribe
otherwise appropriated, such sums as may be (B) $950,000,000, to remain available until Sep- or served by a Tribal organization with an ap-
necessary for each of fiscal years 2025 through tember 30, 2027, to carry out the program of proved application under subsection (f), and
2027, for payments to States, for carrying out grants to localities described in subsection (i)(2) who is determined, by a lead agency (or other
this section (other than carrying out activities in fiscal year 2024; entity designated by a lead agency) for the
described in paragraph (4), (5), or (6)). (C) $950,000,000, to remain available until Sep- State, territory, Indian Tribe, or Tribal organi-
(2) INDIAN TRIBES AND TRIBAL ORGANIZA- tember 30, 2027, to carry out the program of zation involved, following standards and proce-
TIONS.— grants to localities described in subsection (i)(2) dures established by the Secretary by rule, to be
(A) INDIAN TRIBE AND TRIBAL ORGANIZATION in fiscal year 2025; an eligible child, shall be offered assistance for
APPROPRIATIONS.—In addition to amounts oth- (D) $950,000,000, to remain available until Sep- direct child care services in accordance with and
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erwise available, there is appropriated to the tember 30, 2027, to carry out the program of subject to the requirements and limitations of
Department of Health and Human Services for grants to localities described in subsection (i)(2) this section.
fiscal year 2022, out of any money in the Treas- in fiscal year 2026; and (e) LEAD AGENCY.—The Governor of a State or
ury not otherwise appropriated, for grants to (E) $950,000,000, to remain available until Sep- the head of a territory or Indian Tribe, desiring
Indian Tribes and Tribal organizations for the tember 30, 2027, to carry out the program of for the State, territory, or Indian tribe or a re-
purpose of carrying out the child care program grants to localities described in subsection (i)(2) lated tribal organization to receive a payment
described in this section (other than carrying in fiscal year 2027. under this section, shall designate a lead agency
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6393
(such as a State agency or joint interagency of- tem for measuring provider quality described in (ii) SLIDING FEE SCALE.—A full copayment de-
fice) to administer the child care program car- subparagraph (B) receive a payment that is suf- scribed in clause (i) shall use a sliding fee scale
ried out under this section. ficient to meet the requirements of such tier; that provides that, for a family with a family
(f) APPLICATIONS AND STATE PLANS.— (bb) are set so as to provide payments to pro- income—
(1) APPLICATION.—To be eligible to receive as- viders not at the top tier of the tiered system (I) of not more than 75 percent of State me-
sistance under this section, a State shall prepare that are sufficient to enable the providers to in- dian income for a family of the same size, the
and submit to the Secretary for approval an ap- crease quality to meet the requirements for the family shall not pay a copayment, toward the
plication containing a State plan that— next tier; cost of the child care involved for all eligible
(A) for a transitional State plan, meets the re- (cc) ensure adequate wages for staff of child children in the family;
quirements under paragraph (3) and contains care providers providing such direct child care (II) of more than 75 percent but not more than
such information as the Secretary may require, services that— 100 percent of State median income for a family
to demonstrate the State will meet the require- (AA) at a minimum, provide a living wage for of the same size, the copayment shall be more
ments of this section; and all staff of such child care providers; and than 0 but not more than 2 percent of that fam-
(B) for a full State plan, meets the require- (BB) are equivalent to wages for elementary ily income, toward such cost for all such chil-
ments under paragraph (4) and contains that educators with similar credentials and experi- dren;
information. ence in the State; and (III) of more than 100 percent but not more
(2) PERIOD COVERED BY PLAN.—A State plan (dd) are adjusted on an annual basis for cost than 125 percent of State median income for a
contained in the application shall be designed to of living increases to ensure those payment rates family of the same size, the copayment shall be
be implemented— remain sufficient to meet the requirements of more than 2 but not more than 4 percent of that
(A) for a transitional State plan, during a pe- this section; and family income, toward such cost for all such
riod of not more than 3 years; and (III) certify that the State will update, not children;
(B) for a full State plan, during a period of less often than once every 3 years, the cost esti- (IV) of more than 125 percent but not more
not more than 3 years. mation model or cost study described in sub- than 150 percent of State median income for a
(3) REQUIREMENTS FOR TRANSITIONAL STATE clause (I). family of the same size, the copayment shall be
PLANS.—For a period of not more than 3 years (iii) PAYMENT PRACTICES.—Such State plan more than 4 but not more than 7 percent of that
following the date of enactment of this Act, the shall include an assurance that the State will family income, toward such cost for all such
Secretary shall award funds under this section implement payment practices that support the children; and
to States with an approved application that fixed costs of providing direct child care serv- (V) of more than 150 percent but not more
contains a transitional State plan, submitted ices. than 250 percent of the State median income for
under paragraph (1)(A) at such time, in such (B) TIERED SYSTEM FOR MEASURING THE QUAL- a family of the same size, the copayment shall
manner, and containing such information as the ITY OF ELIGIBLE CHILD CARE PROVIDERS.—Such be 7 percent of that family income, toward such
Secretary shall require, including, at a min- State plan shall certify that the State has imple- cost for all such children.
imum— mented, or assure that the State will implement (F) PROHIBITION ON CHARGING MORE THAN CO-
(A) an assurance that the State will submit a within 3 years after first receiving funds under PAYMENT.—The State plan shall certify that the
State plan under paragraph (4); and this section, a tiered system for measuring the State will not permit a child care provider re-
(B) a description of how the funds received by quality of eligible child care providers who pro- ceiving financial assistance under this section to
the State under this section will be spent to ex- vide child care services for which assistance is charge, for child care for an eligible child, more
pand access to assistance for direct child care made available under this section. Such tiered than the total of—
services and increase the supply and quality of system shall— (i) the financial assistance provided for the
child care providers within the State, in align- (i) include a set of standards, for determining child under this section; and
ment with the requirements of this section. the tier of quality of a child care provider, (ii) any applicable copayment pursuant to
(4) REQUIREMENTS FOR FULL STATE PLANS.— that— subparagraph (E).
The Secretary shall award funds under this sec- (I) uses standards for a highest tier that at a (G) ELIGIBILITY.—The State plan shall assure
tion to States with an approved application that minimum are equivalent to Head Start program that each child who receives assistance under
contains a full State plan, submitted under performance standards described in section this section will be considered to meet all eligi-
paragraph (1)(B), at such time, in such manner, 641A(a)(1)(B) of the Head Start Act (42 U.S.C. bility requirements for such assistance, and will
and containing such information as the Sec- 9836a(a)(1)(B)) or other equivalent evidence- receive such assistance, for not less than 12
retary shall by rule require, including, at a min- based standards approved by the Secretary; and months unless the child has aged out of the pro-
imum, the following: (II) includes quality indicators and thresholds gram, and the child’s eligibility determination
(A) PAYMENT RATES AND COST ESTIMATION.— that are appropriate for child development in and redetermination, including any determina-
(i) PAYMENT RATES.—The State plan shall cer- different types of child care provider settings, tion based on the State’s definition of eligible
tify that payment rates for the provision of di- including child care centers and the settings of activities, shall be implemented in a manner
rect child care services for which assistance is family child care providers, and are appropriate that supports child well-being and reduces bar-
provided in accordance with this section for the for providers serving different age groups (in- riers to enrollment, including continuity of serv-
period covered by the plan, within 3 years after cluding mixed age groups) of children; ices.
the State first receives funds under this sec- (ii) include a different set of standards that (H) POLICIES TO SUPPORT ACCESS TO CHILD
tion— includes indicators, when appropriate, for care CARE FOR UNDERSERVED POPULATIONS.—The
(I) will be sufficient to meet the cost of child during nontraditional hours of operation; and State plan shall demonstrate that the State will
care, and set in accordance with a cost esti- (iii) provide for sufficient resources and sup- prioritize increasing access to, and the quality
mation model or cost study described in clause ports for child care providers at tiers lower than and the supply of, child care in the State for
(ii) that is approved by the Secretary; and the highest tier to facilitate progression toward underserved populations, including at a min-
(II) will correspond to differences in quality meeting higher quality standards. imum, low-income children, children in under-
(including improved quality) based on the (C) ACHIEVING HIGH QUALITY FOR ALL CHIL- served areas, infants and toddlers, children with
State’s tiered system for measuring the quality DREN.—Such State plan shall certify the State disabilities and infants and toddlers with dis-
of eligible child care providers described in sub- has implemented, or will implement within 3 abilities, children who are dual language learn-
paragraph (B). years after first receiving funds under this sec- ers, children experiencing homelessness, chil-
(ii) COST ESTIMATION.—Such State plan tion, policies and financing practices that will dren in foster or kinship care, children who re-
shall— ensure all eligible children can choose to attend ceive care during nontraditional hours, and vul-
(I) demonstrate that the State has, after con- child care at the highest quality tier within 6 nerable children as defined by the lead agency
sulting with relevant entities and stakeholders, years after the date of enactment of this Act. pursuant to subsection (b)(4)(A)(iv)(II).
developed and uses a statistically valid and reli- (D) COMPENSATION.—Such plan shall provide (I) POLICIES.—The State plan shall include a
able cost estimation model or cost study for the a certification that the State has or will have certification that the State will apply, under
payment rates for direct child care services in within 3 years after first receiving funds under this section, the policies and procedures de-
the State that reflect rates for providers at each this section, a wage ladder for staff of eligible scribed in subparagraphs (A), (B), (I), (J),
of the tiers of the State’s tiered system for meas- child care providers receiving assistance under (K)(i), (R), and (U) of section 658E(c)(2) of the
uring the quality of eligible child care providers this section, including a certification that wages Child Care and Development Block Grant Act of
described in subparagraph (B), and variations for such staff, at a minimum, will meet the re- 1990 (42 U.S.C. 9858c(c)(2)), and the policies and
in the cost of direct child care services by geo- quirements of subparagraph (A)(ii)(II)(cc). procedures described in section 658H of such Act
graphic area, type of provider, and age of child, (E) SLIDING FEE SCALE FOR COPAYMENTS.— (42 U.S.C. 9858f), to child care services provided
and the additional costs associated with pro- (i) IN GENERAL.—Except as provided in clause under this section.
viding inclusive care; (ii)(I), the State plan shall provide an assurance (J) LICENSING.—The State plan shall dem-
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(II) certify that the State’s payment rates for that the State will for the period covered by the onstrate that the State has consulted or will
direct child care services for which assistance is plan use a sliding fee scale described in clause consult with organizations (including labor or-
provided in accordance with this section— (ii) to determine a copayment for a family re- ganizations) representing child care directors,
(aa) are set in accordance with the most re- ceiving assistance under this section (or, for a teachers, or other staff, early childhood edu-
cent estimates from the most recent cost esti- family receiving part-time care, a reduced co- cation and development experts, and families to
mation model or cost study under subclause (I), payment that is the proportionate amount of the develop, within 2.5 years after first receiving
so that providers at each tier of the tiered sys- full copayment). funds under this section, licensing standards
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H6394 CONGRESSIONAL RECORD — HOUSE November 18, 2021
appropriate for child care providers and a path- (D) AUTHORITIES.— mitted by the State and such other investigation
way to such licensure that is available to and (i) FISCAL YEARS 2022 THROUGH 2024.—Notwith- as the Secretary may find necessary, and shall
appropriate for child care providers in a variety standing any other provision of this paragraph, reduce or increase the payments as necessary to
of settings, that will offer providers eligible for each of fiscal years 2022 through 2024, the adjust for any overpayment or underpayment
under the Child Care and Development Block Secretary shall have the authority— for previous periods. No interest shall be
Grant Act of 1990 a reasonable pathway to be- (I) to reallot funds that were allotted under charged or paid on any amount due because of
come eligible providers under this section, and subparagraph (B) from any State without an an overpayment or underpayment for previous
that will assure an adequate supply of child approved application under subsection (f) by the periods.
care. Such plan shall describe the timeline the date required by the Secretary, to States with an (C) TERRITORIES AND TRIBES.—For each of fis-
State will use to ensure sufficient time for pro- approved application under that subsection; cal years 2025 through 2027, from the amounts
viders described in subsection (b)(5)(B) to com- and appropriated under paragraph (2)(B) or (3)(B)
ply with such licensing standards in order to re- (II) to reallot any amounts available for pay- of subsection (c) the Secretary shall make pay-
main eligible providers after 3.5 years after the ments under subparagraph (C) that the Sec- ments to territories, and Indian Tribes and Trib-
State first receives funding under this section. retary elected to allot for— al organizations, as the case may be, with appli-
(g) PAYMENTS.— (aa) an Indian Tribe or Tribal organization cations submitted as described in paragraph (1),
(1) PAYMENTS FOR FISCAL YEARS 2022 THROUGH without an approved application under sub- and approved by the Secretary for the purpose
2024.— paragraph (C)(i)(II) by the date required by the of carrying out the child care program described
(A) DEFINITIONS.—For purposes of this para- Secretary, to Tribes or Tribal organizations with in this section, consistent, to the extent prac-
graph— such an approved application; and ticable as determined by the Secretary (subject
(i) the term ‘‘State’’ means the 50 States, the (bb) any territory without an approved appli- to subsection (d)(2)), with the requirements ap-
District of Columbia, and the Commonwealth of cation under subparagraph (C)(ii)(II) by the plicable to States. The Secretary shall make the
Puerto Rico; and date required by the Secretary, to territories payments to such territories, Indian Tribes, and
(ii) the term ‘‘territory’’ means Guam, Amer- with such an approved application. Tribal organizations on the basis of their rel-
ican Samoa, the Commonwealth of the Northern (ii) FISCAL YEAR 2025.—Notwithstanding any ative need. Each entity that is such a territory,
Mariana Islands, and the United States Virgin other provision of this section, on October 1, Indian Tribe, or Tribal organization shall be en-
Islands. 2024, the Secretary shall have the authority to titled to such a payment as may be necessary to
(B) ALLOTMENTS.—For each of fiscal years reallot funds from payments made under sub- carry out the activities described in subsection
2022 through 2024, the Secretary shall, from the paragraph (C) that are unobligated on such (h)(2), and to pay for the costs of administration
amount appropriated under subsection (c)(1)(A) date, to any entity without such unobligated incurred by the entity, which shall include costs
for such fiscal year, make allotments to each funds that is a State with an approved applica- incurred by the entity in carrying out the child
State with an application approved under sub- tion under subsection (f), an Indian Tribe or care program, and which may include, at the
section (f) in the same manner as the Secretary Tribal organization with an approved applica- option of the entity, costs associated with car-
makes such allotments using the formula under tion under subparagraph (C)(i)(II), or a terri- rying out requirements, policies, and procedures
section 658O(b) of the Child Care and Develop- tory with an approved application under sub- described in section 658H of the Child Care and
ment Block Grant Act of 1990 (42 U.S.C. paragraph (C)(ii)(II), to carry out the purposes Development Block Grant Act of 1990.
9858m(b)). of this section. (h) USE OF FUNDS.—
(C) PAYMENTS.— (2) PAYMENTS FOR FISCAL YEARS 2025 THROUGH (1) USE OF FUNDS FOR FISCAL YEARS 2022
(i) INDIAN TRIBES AND TRIBAL ORGANIZA- 2027.— THROUGH 2024.—For each of fiscal years 2022
TIONS.— (A) IN GENERAL.—For each of fiscal years 2025 through 2024, a State (as defined in subsection
(I) IN GENERAL.—For each of fiscal years 2022 through 2027: (g)(1)) that receives a payment under subsection
through 2024, from the amount appropriated for (i) CHILD CARE ASSISTANCE FOR ELIGIBLE CHIL- (g)(1) shall use such payment for—
Indian Tribes and Tribal organizations under DREN.— (A) assistance for direct child care services,
subsection (c)(2)(A), the Secretary shall make (I) IN GENERAL.—The Secretary shall pay to which shall consist only of—
payments to Indian Tribes and Tribal organiza- each State with an approved application under (i) assistance for direct child care services for
tions with an application approved under sub- subsection (f), and that State shall be entitled eligible children through grants and contracts,
clause (II), and the Tribes and Tribal organiza- to, an amount for each quarter equal to 95.440 and child care certificates;
tions shall be entitled to such payments for the percent of expenditures (which shall be the Fed- (ii) increasing child care provider payment
purpose of carrying out the child care program eral share of such expenditures) in the quarter rates to support the cost of providing high-qual-
described in this section, consistent, to the ex- for direct child care services described under ity direct child care services, including rates
tent practicable as determined by the Secretary, subsection (h)(2)(B) for eligible children. sufficient to support increased wages for staff of
with the requirements applicable to States. (II) EXCEPTION.—Funds reserved from the eligible child care providers; and
(II) APPLICATIONS.—An Indian Tribe or Tribal total under subsection (h)(2)(C) shall be subject (iii) waiving or reducing copayments, to en-
organization seeking a payment under this to clause (ii). sure that the families of children receiving as-
clause shall submit an application to the Sec- (III) PROHIBITION.—Activities described in sistance under this section do not pay more
retary at such time, in such manner, and con- clause (ii) and clause (iii) may not be included than 7 percent of family income toward the cost
taining such information as the Secretary may in the cost of direct child care services described of the child care involved for all eligible children
specify, including an agreement to provide re- in this clause. in the family;
ports under subsection (j)(7). (ii) ACTIVITIES TO IMPROVE THE QUALITY AND (B) activities described in paragraph (2)(C),
(III) SPECIAL RULE.—The Secretary shall de- SUPPLY OF CHILD CARE SERVICES.—The Secretary without regard to the requirement in clause
termine eligibility criteria for children from In- shall pay to each State with such an approved (i)(I) of such paragraph or to the references to
dian tribes who are less than 6 years of age and application, and that State shall be entitled to, a quality child care amount in such paragraph;
not yet in kindergarten, which eligibility cri- an amount equal to the product of 1.06045 and and
teria shall not be more stringent than the eligi- the FMAP of expenditures (which product shall (C) costs of administration incurred by the
bility criteria under subsection (b)(4)(A). be the Federal share of such expenditures) to State, which shall include the costs described in
(ii) TERRITORIES.— carry out activities to improve the quality and subclause (I) of subsection (g)(2)(A)(iii) and
(I) IN GENERAL.—For each of fiscal years 2022 supply of child care services under subsection may, at the option of the State, include the costs
through 2024, from the amount appropriated for (h)(2)(C) subject to the limit specified in clause described in subclause (II) of such subsection.
territories under subsection (c)(3)(A), the Sec- (i) of such subsection. (2) USE OF FUNDS FOR FISCAL YEARS 2025
retary shall make payments to the territories (iii) ADMINISTRATION.—The Secretary shall THROUGH 2027.—
with an application approved under subclause pay to each State with such an approved appli- (A) IN GENERAL.—Starting on October 1, 2024,
(II), and the territories shall be entitled to such cation, and that State shall be entitled to, an a State shall use amounts provided to the State
payments, for the purpose of carrying out the amount equal to 53.022 percent of expenditures under subsection (g)(2) for direct child care serv-
child care program described in this section, (which shall be the Federal share of such ex- ices (provided on a sliding fee scale basis), ac-
consistent, to the extent practicable as deter- penditures) for the costs of administration in- tivities to improve the quality and supply of
mined by the Secretary, with the requirements curred by the State— child care services consistent with paragraph
applicable to States. (I) which shall include costs incurred by the (C), and State administration consistent with
(II) APPLICATIONS.—A territory seeking a pay- State in carrying out the child care program es- subsection (g)(2)(A)(iii).
ment under this clause shall submit an applica- tablished in this section; and (B) CHILD CARE ASSISTANCE FOR ELIGIBLE
tion to the Secretary at such time, in such man- (II) which may include, at the option of the CHILDREN.—
ner, and containing such information as the State, costs associated with carrying out re- (i) IN GENERAL.—For each of fiscal years 2025
Secretary may specify, including an agreement quirements, policies, and procedures described through 2027, from payments made to the State
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to provide reports under subsection (j)(7). in section 658H of the Child Care and Develop- under subsection (g)(2) for that particular fiscal
(iii) STATES.—For each of fiscal years 2022 ment Block Grant Act of 1990 (42 U.S.C. 9858f). year, the State shall ensure that parents of eli-
through 2024, each State that has an applica- (B) ADVANCE PAYMENT; RETROSPECTIVE AD- gible children can access direct child care serv-
tion approved under subsection (f) shall be enti- JUSTMENT.—For each of fiscal years 2025 ices provided by an eligible child care provider
tled to a payment under this clause in the through 2027, the Secretary shall make pay- under this section through a grant or contract
amount equal to its allotment under subpara- ments under this paragraph for a period on the as described in clause (ii) or a certificate as de-
graph (B) for such fiscal year. basis of advance estimates of expenditures sub- scribed in clause (iii).
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6395
(ii) GRANTS AND CONTRACTS.—The State shall improve the quality of such providers, includ- city, county, or other unit of general local gov-
award grants or contracts to eligible child care ing— ernment.
providers, consistent with the requirements (aa) supporting such providers in meeting or (2) GRANTS TO LOCALITIES.—
under this section, for the provision of child making progress toward the requirements for the (A) IN GENERAL.—The Secretary shall use
care services for eligible children under this sec- highest tier of the State’s tiered system for meas- funds appropriated under subsection (c)(4) to
tion that, at a minimum— uring the quality of eligible child care providers award local Birth Through Five Child Care and
(I) support providers’ operating expenses to under subsection (f)(4)(B); and Early Learning Grants, in accordance with
meet and sustain health, safety, quality, and (bb) supporting such providers in sustaining rules established by the Secretary, to eligible lo-
wage standards required under this section; and child care quality, including supporting in- calities located in States that have not received
(II) address underserved populations described creased wages for staff and supporting payment payments under subsection (g). The Secretary
in subsection (f)(4)(H). of fixed costs. shall award the grants to eligible localities in
(iii) CERTIFICATES.—The State shall issue a (III) FACILITIES GRANTS.— such a State from the allotment made for that
child care certificate directly to a parent who (aa) IN GENERAL.—From a portion of the qual- State under subparagraph (B).
shall use such certificate only as payment for ity child care amount, a State shall provide sup- (B) ALLOTMENTS.—
direct child care services or as a deposit for di- port, including through awarding facilities (i) POVERTY LINE DEFINED.—In this subpara-
rect child care services if such a deposit is re- grants, for remodeling, renovation, or repair of graph, the term ‘‘poverty line’’ means the pov-
quired of other children being cared for by the a building or facility to the extent permitted erty line defined and revised as described in sec-
provider, consistent with the requirements under under section 658F(b) of the Child Care and De- tion 673 of the Community Services Block Grant
this section. velopment Block Grant Act of 1990 (42 U.S.C. Act (42 U.S.C. 9902).
(C) ACTIVITIES TO IMPROVE THE QUALITY AND 9858). (ii) GENERAL AUTHORITY.—For each State de-
SUPPLY OF CHILD CARE SERVICES.— (bb) ADDITIONAL USES.—For fiscal years 2022 scribed in subparagraph (A), the Secretary shall
(i) QUALITY CHILD CARE ACTIVITIES.— through 2024, and in subsequent years with ap- allot for the State for a fiscal year an amount
(I) AMOUNT.—For each of fiscal years 2025 proval from the Secretary, a State may award that bears the same relationship to the funds
through 2027, from the total of the payments such facilities grants for construction, perma- appropriated under subsection (c)(4) for the fis-
made to the State for a particular fiscal year, nent improvement, or major renovation of a cal year as the number of children from families
the State shall reserve and use a quality child building or facility primarily used for providing with family incomes that are below 200 percent
care amount equal to not less than 5 percent direct child care services, in accordance with the of the poverty line, and who are under the age
and not more than 10 percent of the amount following: of 6, in the State bears to the total number of all
made available to the State through such pay- (AA) Federal interest provisions will not apply such children in all States described in subpara-
ments for the previous fiscal year. to the renovation or rebuilding of privately- graph (A).
(II) USE OF QUALITY CHILD CARE AMOUNT.— owned family child care homes under this sub- (C) APPLICATION.—To receive a grant from the
Each State shall use the quality child care clause. corresponding State allotment under subpara-
amount described in subclause (I) to implement (BB) Eligible child care providers may not use graph (B), an eligible locality shall submit an
activities described in this subparagraph to im- funds for buildings or facilities that are used application to the Secretary at such time, in
prove the quality and supply of child care serv- primarily for sectarian instruction or religious such manner, and containing such information
ices by eligible child care providers, and increase worship. as the Secretary may require. The requirements
the number of available slots in the State for (CC) The Secretary shall develop parameters for the application shall, to the greatest extent
child care services funded under this section, on the use of funds under this subclause for practicable, be consistent with the State plan re-
prioritizing assistance for child care providers family child care homes. quirements applicable to States under subsection
who are in underserved communities and who (DD) The Secretary shall not retain Federal (f).
are providing, or are seeking to provide, child interest after a period of 10 years in any facility (D) REQUIREMENTS.—The Secretary shall
care services for underserved populations identi- built, renovated, or repaired with funds award- specify the requirements for an eligible locality
fied in subsection (f)(4)(H). ed under this subclause. to provide access to child care, which child care
(III) ADMINISTRATION.—Activities funded (IV) LIMITATION.—For purposes of subclause requirements shall, to the greatest extent prac-
under this subparagraph may be administered— (III), the Secretary shall not— ticable, be consistent with the requirements ap-
(aa) directly by the lead agency; or (aa) enter into any agreement related to funds
plicable to States under this section.
(bb) through other State government agencies, for activities carried out under subclause (III)—
(E) RECOUPMENT OF UNUSED FUNDS.—Notwith-
(AA) that is for a term extending beyond Sep-
local or regional child care resource and referral standing any other provision of this section, for
tember 30, 2031; and
organizations, community development financial each of fiscal years 2023 through 2027, the Sec-
(BB) under which any payment could be
institutions, other intermediaries with experi- retary shall have the authority to recoup any
outlaid after September 30, 2031; or
ence supporting child care providers, or other (bb) use any other funds available to the Sec- unused funds allotted under subparagraph (B)
appropriate entities that enter into a contract retary, other than funds provided under this for awards under paragraph (3)(A) to Head
with the State to provide such assistance. section, to satisfy obligations initially made for Start agencies in accordance with paragraph
(ii) QUALITY AND SUPPLY ACTIVITIES.—Activi- (3).
activities carried out under subclause (III).
ties funded under the quality child care amount (V) STATE ACTIVITIES TO IMPROVE THE QUAL- (3) HEAD START EXPANSION IN NONPARTICI-
described in clause (i) shall include each of the ITY OF CHILD CARE SERVICES.—A State shall use PATING STATES.—
following: a portion of the quality child care amount to im- (A) IN GENERAL.—The Secretary shall use
(I) STARTUP GRANTS AND SUPPLY EXPANSION prove the quality of child care services available funds appropriated under subsection (c)(5) or
GRANTS.— recouped under paragraph (2) to make awards
for this program, which shall include—
(aa) IN GENERAL.—From a portion of the qual- (aa) supporting the training and professional to Head Start agencies in a State described in
ity child care amount, a State shall make start- development of the early childhood workforce, paragraph (2)(A) to carry out the purposes of
up and supply expansion grants to support including supporting degree attainment and the Head Start Act in such State.
child care providers who are providing, or seek- credentialing for early childhood educators; (B) RULE.—For purposes of carrying out the
ing to provide, child care services to children re- (bb) developing, implementing, or enhancing Head Start Act in circumstances not involving
ceiving assistance under this section, with pri- the State’s tiered system for measuring the qual- awards under this paragraph, funds awarded
ority for providers providing or seeking to pro- ity of eligible child care providers under sub- under subparagraph (A) shall not be included in
vide child care in underserved communities and section (f)(4)(B); the calculation of a ‘‘base grant’’ as such term
for underserved populations identified in sub- (cc) improving the supply and quality of de- is defined in section 640(a)(7)(A) of the Head
section (f)(4)(H), to— velopmentally appropriate and inclusive child Start Act (42 U.S.C. 9835(a)(7)(A)).
(AA) support startup and expansion costs; care programs and services for underserved pop- (C) DEFINITION.—In this paragraph, the term
and ulations described in subsection (f)(4)(H); ‘‘Head Start agency’’ means an entity des-
(BB) assist such providers in meeting health (dd) improving access to child care services for ignated or eligible to be designated as a Head
and safety requirements, achieving licensure, vulnerable children as defined by the lead agen- Start agency under section 641(a)(1) of the Head
and meeting requirements in the State’s tiered cy pursuant to subsection (b)(4)(A)(iv)(II); and Start Act or as an Early Head Start agency (by
system for measuring the quality of eligible child (ee) providing outreach and enrollment sup- receiving a grant) under section 645A(a) of such
care providers. port for families of eligible children. Act.
(bb) REQUIREMENT.—As a condition of receiv- (VI) TECHNICAL ASSISTANCE.—From a portion (4) PRIORITY FOR SERVING UNDERSERVED POPU-
ing a startup or supply expansion grant under of the quality child care amount, the State shall LATIONS.—In making determinations to award a
this subclause, a child care provider shall com- provide technical assistance to increase the sup- grant or make an award under this subsection,
mit to meeting the requirements of an eligible ply and quality of eligible child care providers the Secretary shall give priority to entities serv-
provider under this section, and providing child who are providing, or seeking to provide, child ing a high percentage of individuals from un-
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care services to children receiving assistance care services to children receiving assistance derserved populations described in subsection
under this section on an ongoing basis. under this section, including providing support (f)(4)(H).
(II) QUALITY GRANTS.—From a portion of the to enable providers to achieve licensure. (j) PROGRAM REQUIREMENTS.—
quality child care amount, a State shall provide (i) GRANTS TO LOCALITIES AND AWARDS TO (1) NONDISCRIMINATION.—The following provi-
quality grants to support eligible child care pro- HEAD START PROGRAMS.— sions of law shall apply to any program or ac-
viders in providing child care services to chil- (1) ELIGIBLE LOCALITY DEFINED.—In this sub- tivity that receives funds provided under this
dren receiving assistance under this section to section, the term ‘‘eligible locality’’ means a section:
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H6396 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(A) Title IX of the Education Amendments of (2) ISSUANCE OF RULE.—The Secretary shall (C) a licensed center-based child care pro-
1972. establish by rule procedures for— vider, licensed family child care provider, or
(B) Title VI of the Civil Rights Act of 1964. (A) receiving, processing, and determining the community– or neighborhood–based network of
(C) Section 504 of the Rehabilitation Act of validity of complaints or findings concerning licensed family child care providers; or
1973. any failure of a State to comply with the State (D) a consortium of entities described in any
(D) The Americans with Disabilities Act of plan or any other requirement of this section; of subparagraphs (A), (B), and (C).
1990. (B) notifying a State when the Secretary has (7) HEAD START AGENCY.—The term ‘‘Head
(E) Section 654 of the Head Start Act. determined there has been a failure by the State Start agency’’, as used in paragraph (6)(B), or
(2) PROHIBITION ON ADDITIONAL ELIGIBILITY to comply with a requirement of this section; subsection (c)(5)(D) or (f)(1), means an entity
REQUIREMENTS.—No individual shall be deter- and designated as a Head Start agency under sec-
mined, by the Secretary, a State, or another re- (C) imposing sanctions under this subsection tion 641(a)(1) of the Head Start Act or as an
cipient of funds under this section, to be ineli- for such a failure. Early Head Start agency (by receiving a grant)
gible for child care services provided under this (l) FEDERAL ADMINISTRATION.—Using funds under section 645A(a) of such Act.
section, except on the basis of eligibility require- reserved under subsection (c)(6), the Secretary (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
ments specified in or under this section. shall carry out administration of this section, has the meaning given the term in section 4 of
(3) MAINTENANCE OF EFFORT.— shall provide (including through the use of the Indian Self-Determination and Education
(A) IN GENERAL.—A State that receives pay- grants or cooperative agreements) technical as- Assistance Act (25 U.S.C. 5304).
ments under this section for a fiscal year, in sistance to States, territories, Indian Tribes, and (9) LOCAL EDUCATIONAL AGENCY.—The term
using the funds made available through the Tribal organizations, and shall carry out re- ‘‘local educational agency’’ has the meaning
payments, shall maintain the expenditures of search, and evaluations related to this section. given the term in section 8101 of the Elementary
the State for child care services at the average (m) TRANSITION PROVISIONS.— and Secondary Education Act of 1965 (20 U.S.C.
level of such expenditures by the State for the 3 (1) TREATMENT OF CHILD CARE AND DEVELOP- 7801).
preceding fiscal years. MENT BLOCK GRANT FUNDS.—For each of fiscal (10) POVERTY LINE.—The term ‘‘poverty line’’
(B) COUNTING RULE.—State expenditures years 2025, 2026, and 2027, a State receiving as- means the poverty line defined and revised as
counted for purposes of meeting the requirement sistance under this section shall not use more described in section 673 of the Community Serv-
in subparagraph (A) may also be counted for than 10 percent of any funds received under the ices Block Grant Act (42 U.S.C. 9902).
purposes of meeting the requirement to provide Child Care and Development Block Grant Act of (11) SECRETARY.—The term ‘‘Secretary’’ means
a non-Federal share under clause (i), (ii), or 1990 to provide assistance for direct child care the Secretary of Health and Human Services.
(iii), as appropriate, of subsection (g)(2)(A). services to children who are under the age of 6, (12) STATE.—The term ‘‘State’’ means each of
(4) SUPPLEMENT NOT SUPPLANT.—Funds re-
are not yet in kindergarten, and are eligible the several States and the District of Columbia.
ceived under this section shall be used to supple-
under that Act. (13) TERRITORY.—The term ‘‘territory’’ means
ment and not supplant other Federal, State, and
(2) SPECIAL RULES REGARDING ELIGIBILITY.— each of the Commonwealth of Puerto Rico, the
local public funds expended to provide child Any child who is less than 6 years of age, is not United States Virgin Islands, Guam, American
care services in the State on the date of enact- yet in kindergarten, and is receiving assistance Samoa, and the Commonwealth of the Northern
ment of this Act, calculated as the average under the Child Care and Development Block Mariana Islands.
amount of such Federal, State, and local public Grant Act of 1990 on the date funding is first al- (14) TRIBAL ORGANIZATION.—The term ‘‘Tribal
funds expended for fiscal years 2019, 2020, and located to the lead agency for the State, terri- organization’’ has the meaning given the term
2021. tory, Indian Tribe, or Tribal organization in- ‘‘tribal organization’’ in section 658P of the
(5) ALLOWABLE SOURCES OF NON-FEDERAL
volved under this section— Child Care and Development Block Grant Act of
SHARE.—For purposes of providing the non-Fed-
(A) shall be deemed immediately eligible to re- 1990 (42 U.S.C. 9858n).
eral share required under subsection (g)(2), a
ceive assistance under this section; and (b) UNIVERSAL PRESCHOOL.—
State’s non-Federal share— (B) may continue to use the child care pro- (1) APPROPRIATIONS FOR STATES.—
(A) for direct child care services described in
vider of the family’s choice. (A) IN GENERAL.—In addition to amounts oth-
subsection (g)(2)(A)(i)—
(3) TRANSITION PROCEDURES.—The Secretary erwise available, there is appropriated to the
(i) shall not include contributions being used
is authorized to institute procedures for imple- Department of Health and Human Services for
as a non-Federal share or match for another
menting this section, including issuing guidance fiscal year 2022, out of any money in the Treas-
Federal award; and
(ii) shall be provided from State or local for States receiving funds under subsection ury not otherwise appropriated—
sources, contributions from philanthropy or (g)(1). (i) $4,000,000,000, to remain available until
other private organizations, or a combination of SEC. 23002. UNIVERSAL PRESCHOOL. September 30, 2027, for payments to States, for
such sources and contributions; and (a) DEFINITIONS.—In this section: carrying out this section (except provisions and
(B) for activities to improve the quality and (1) CHILD EXPERIENCING HOMELESSNESS.—The activities covered by paragraph (2)) in fiscal
supply of child care services described in sub- term ‘‘child experiencing homelessness’’ means year 2022;
section (g)(2)(A)(ii), and administration de- an individual who is a homeless child or youth (ii) $6,000,000,000, to remain available until
scribed in subsection (g)(2)(A)(iii)— under section 725 of the McKinney-Vento Home- September 30, 2027, for payments to States, for
(i) shall not include contributions being used less Assistance Act (42 U.S.C. 11434a). carrying out this section (except provisions and
as a non-Federal share or match for another (2) CHILD WITH A DISABILITY.—The term activities covered by paragraph (2)) in fiscal
Federal award; ‘‘child with a disability’’ has the meaning given year 2023; and
(ii) shall be provided from State or local the term in section 602 of the Individuals with (iii) $8,000,000,000, to remain available until
sources, contributions from philanthropy or Disabilities Education Act (20 U.S.C. 1401). September 30, 2027, for payments to States, for
other private organizations, or a combination of (3) COMPREHENSIVE SERVICES.—The term carrying out this section (except provisions and
such sources and contributions; and ‘‘comprehensive services’’ means services that activities covered by paragraph (2)) in fiscal
(iii) may be in cash or in kind, fairly evalu- are provided to low-income children and their year 2024.
ated, including facilities or property, equipment, families, and that are health, educational, nu- (B) ADDITIONAL APPROPRIATIONS.—In addi-
or services. tritional, social, and other services that are de- tion to amounts otherwise available, there is ap-
(6) INFORMATION FOR DETERMINATIONS.—For termined, based on family needs assessments, to propriated to the Department of Health and
purposes of determinations of participation in be necessary, within the meaning of section 636 Human Services, out of any money in the Treas-
an eligible activity, the provision of information of the Head Start Act (42 U.S.C. 9831). ury not otherwise appropriated, such sums as
for such determinations by Federal agencies (4) DUAL LANGUAGE LEARNER.—The term may be necessary for each of fiscal years 2025
other than the Department of Health and ‘‘dual language learner’’ means a child who is through 2027, to remain available for 1 addi-
Human Services shall not be required. learning 2 or more languages at the same time, tional fiscal year, for payments to States, for
(7) REPORTS.—A State, Indian Tribe, Tribal or a child who is learning a second language carrying out this section (except provisions and
organization, or territory receiving funds under while continuing to develop the child’s first lan- activities covered by paragraph (2)).
this section shall provide to the Secretary such guage. (2) ADDITIONAL APPROPRIATIONS.—In addition
periodic reports, providing a detailed accounting (5) ELIGIBLE CHILD.—The term ‘‘eligible child’’ to amounts otherwise available, there is appro-
of the uses of the funds received under this sec- means a child who is age 3 or 4, on the date es- priated to the Department of Health and Human
tion, as the Secretary may require for the ad- tablished by the applicable local educational Services for fiscal year 2022, out of any money
ministration of this section. The State, Indian agency for kindergarten entry. in the Treasury not otherwise appropriated—
Tribe, Tribal organization, or territory shall (6) ELIGIBLE PROVIDER.—The term ‘‘eligible (A) $2,500,000,000, to remain available until
begin to provide the reports beginning not later provider’’ means— September 30, 2027, for carrying out payments to
than 60 days after its initial receipt of a pay- (A) a local educational agency, acting alone Indian Tribes and Tribal organizations for ac-
ment under subsection (g)(1). or in a consortium or in collaboration with an tivities described in this section;
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(k) MONITORING AND ENFORCEMENT.— educational service agency (as defined in sec- (B) $1,000,000,000, to remain available until
(1) REVIEW OF COMPLIANCE WITH REQUIRE- tion 8101 of the Elementary and Secondary Edu- September 30, 2027, for carrying out payments to
MENTS AND STATE PLAN.—The Secretary shall re- cation Act of 1965 (20 U.S.C. 7801)), that is li- the territories, to be distributed among the terri-
view and monitor compliance of States, terri- censed by the State or meets comparable health tories on the basis of their relative need, as de-
tories, Tribal entities, and local entities with and safety standards; termined by the Secretary in accordance with
this section and State compliance with the plan (B) a Head Start agency or delegate agency the objectives of this section, for activities de-
described in subsection (f)(4). funded under the Head Start Act; scribed in this section;
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6397
(C) $300,000,000, to remain available until Sep- (ii) $1,900,000,000, to remain available until in paragraph (3), except that in no case shall a
tember 30, 2027, for carrying out payments to eli- September 30, 2027, to carry out the program of payment for a fiscal year under this clause ex-
gible local entities that serve children in families grants to localities described in subsection (f)(2) ceed the amount equal to 10 percent of the
who are engaged in migrant or seasonal agricul- in fiscal year 2024; State’s expenditures described in clause (i) for
tural labor, for activities described in this sec- (iii) $1,900,000,000, to remain available until such fiscal year.
tion; September 30, 2027, to carry out the program of (iii) NON-FEDERAL SHARE.—The remainder of
(D)(i) $165,000,000, to remain available until grants to localities described in subsection (f)(2) the cost paid by the State for preschool services,
September 30, 2027, for carrying out Federal ac- in fiscal year 2025; that is not provided under clause (i), shall be
tivities to support the activities funded under (iv) $1,900,000,000, to remain available until considered the non-Federal share of the cost of
this section, including administration, moni- September 30, 2027, to carry out the program of those services. The remainder of the cost paid by
toring, technical assistance, and research, in grants to localities described in subsection (f)(2) the State for State activities, that is not pro-
fiscal year 2022; in fiscal year 2026; and vided under clause (ii), shall be considered the
(ii) $200,000,000 to remain available until Sep- (v) $1,900,000,000, to remain available until non-Federal share of the cost of those activities.
tember 30, 2027, for carrying out Federal activi- September 30, 2027, to carry out the program of (iv) ADVANCE PAYMENT; RETROSPECTIVE AD-
ties to support the activities funded under this grants to localities described in subsection (f)(2) JUSTMENT.—The Secretary shall make a pay-
section, including administration, monitoring, in fiscal year 2027; and ment under clause (i) or (ii) for a year on the
technical assistance, and research, in fiscal year (G)(i) $1,900,000,000, to remain available until basis of advance estimates of expenditures sub-
2023; September 30, 2027, to carry out the program of mitted by the State and such other investigation
(iii) $200,000,000, to remain available until awards to Head Start agencies described in sub- as the Secretary may find necessary, and shall
September 30, 2027, for carrying out Federal ac- section (f)(3) in fiscal year 2023; reduce or increase the payment as necessary to
tivities to support the activities funded under (ii) $1,900,000,000, to remain available until adjust for any overpayment or underpayment
this section, including administration, moni- September 30, 2027, to carry out the program of for a previous year.
toring, technical assistance, and research, in awards to Head Start agencies described in sub- (C) AUTHORITIES.—
fiscal year 2024; section (f)(3) in fiscal year 2024; (i) FISCAL YEARS 2022 THROUGH 2024.—Notwith-
(iv) $208,000,000, to remain available until Sep- (iii) $1,900,000,000, to remain available until standing any other provision of this paragraph,
tember 30, 2027, for carrying out Federal activi- September 30, 2027, to carry out the program of for each of fiscal years 2022 through 2024, the
ties to support the activities funded under this awards to Head Start agencies described in sub- Secretary shall have the authority to reallot
section, including administration, monitoring, section (f)(3) in fiscal year 2025; funds that were allotted under subparagraph
technical assistance, and research, in fiscal year (iv) $1,900,000,000, to remain available until (A) from any State without an approved appli-
2025; September 30, 2027, to carry out the program of cation under paragraph (5) by the date required
(v) $212,000,000, to remain available until Sep- awards to Head Start agencies described in sub- by the Secretary, to States with an approved ap-
tember 30, 2027, for carrying out Federal activi- section (f)(3) in fiscal year 2026; and plication under that subsection.
ties to support the activities funded under this (v) $1,900,000,000, to remain available until (ii) FISCAL YEAR 2025.—Notwithstanding any
section, including administration, monitoring, September 30, 2027, to carry out the program of other provision of this section, on October 1,
technical assistance, and research, in fiscal year awards to Head Start agencies described in sub- 2024, the Secretary shall have the authority to
2026; and section (f)(3) in fiscal year 2027. reallot funds from payments made from allot-
(vi) $216,000,000, to remain available until Sep- (c) PAYMENTS FOR STATE UNIVERSAL PRE- ments under subparagraph (A) that are unobli-
tember 30, 2027, for carrying out Federal activi- SCHOOL SERVICES.— gated on such date, to any State without such
ties to support the activities funded under this (1) IN GENERAL.—A State that has submitted, unobligated funds that is a State with an ap-
section, including administration, monitoring, and had approved by the Secretary, the State proved application under paragraph (5), to
technical assistance, and research, in fiscal year plan described in paragraph (5) is entitled to a carry out the purposes of this section.
2027; payment under this subsection. (3) STATE ACTIVITIES.—A State that receives a
(E)(i) $2,500,000,000, to remain available until (2) PAYMENTS TO STATES.— payment under paragraph (2) shall carry out all
September 30, 2027, to improve compensation of (A) PAYMENTS FOR FISCAL YEARS 2022 THROUGH of the following activities:
Head Start staff consistent with subparagraphs 2024.—From amounts made available under sub- (A) State administration of the State preschool
(A)(i) and (B)(viii) of section 640(a)(5) of the section (b)(1) for any of fiscal years 2022 program described in this section.
Head Start Act (42 U.S.C. 9835(a)(5)), notwith- through 2024, the Secretary, in collaboration (B) Supporting a continuous quality improve-
standing section 653(a) of such Act (42 U.S.C. with the Secretary of Education, shall allot for ment system for providers of preschool services
9848(a)), in fiscal year 2022; the fiscal year, to each State that has a State participating, or seeking to participate, in the
(ii) $2,500,000,000, to remain available until plan under paragraph (5) or transitional State State preschool program, through the use of
September 30, 2027, to improve compensation of plan under paragraph (7) that is approved for a data, researching, monitoring, training, tech-
Head Start staff consistent with subparagraphs period including that fiscal year, an amount for nical assistance, professional development, and
(A)(i) and (B)(viii) of section 640(a)(5) of the the purpose of providing grants to eligible pro- coaching.
Head Start Act (42 U.S.C. 9835(a)(5)), notwith- viders to provide high-quality preschool, using a (C) Providing outreach and enrollment sup-
standing section 653(a) of such Act (42 U.S.C. formula that considers— port for families of eligible children.
9848(a)), in fiscal year 2023; (i) the proportion of the number of children (D) Supporting data systems building.
(iii) $2,500,000,000, to remain available until who are below the age of 6 and whose families (E) Supporting staff of eligible providers in
September 30, 2027, to improve compensation of have a family income at or below 200 percent of pursuing credentials and degrees, including bac-
Head Start staff consistent with subparagraphs the poverty line for the most recent year for calaureate degrees.
(A)(i) and (B)(viii) of section 640(a)(5) of the which satisfactory data are available, residing (F) Supporting activities that ensure access to
Head Start Act (42 U.S.C. 9835(a)(5)), notwith- in the State, as compared to the number of such inclusive preschool programs for children with
standing section 653(a) of such Act (42 U.S.C. children, who reside in all States with approved disabilities.
9848(a)), in fiscal year 2024; plans for the fiscal year for which the allotment (G) Providing age-appropriate transportation
(iv) $2,500,000,000, to remain available until is being made; and services for children, which at a minimum shall
September 30, 2027, to improve compensation of (ii) the existing Federal preschool investments include transportation services for children ex-
Head Start staff consistent with subparagraphs in the State under the Head Start Act, as of the periencing homelessness and children in foster
(A)(i) and (B)(viii) of section 640(a)(5) of the date of the allotment. care.
Head Start Act (42 U.S.C. 9835(a)(5)), notwith- (B) PAYMENTS FOR FISCAL YEARS 2025 THROUGH (H) Conducting or updating a statewide needs
standing section 653(a) of such Act (42 U.S.C. 2027.— assessment of access to high-quality preschool
9848(a)), in fiscal year 2025; (i) PRESCHOOL SERVICES.—For each of fiscal services.
(v) $2,500,000,000, to remain available until years 2025 through 2027, the Secretary shall pay (4) LEAD AGENCY.—The Governor of a State
September 30, 2027, to improve compensation of to each State with an approved State plan desiring for the State to receive a payment
Head Start staff consistent with subparagraphs under paragraph (5), an amount for that year under this subsection shall designate a lead
(A)(i) and (B)(viii) of section 640(a)(5) of the equal to— agency (such as a State agency or joint inter-
Head Start Act (42 U.S.C. 9835(a)(5)), notwith- (I) 95.440 percent of the State’s expenditures agency office) for the administration of the
standing section 653(a) of such Act (42 U.S.C. in the year for preschool services provided under State’s preschool program under this section.
9848(a)), in fiscal year 2026; and subsection (d), for fiscal year 2025; (5) STATE PLAN.—In order to be eligible for
(vi) $2,500,000,000, to remain available until (II) 79.534 percent of the State’s expenditures payments under this section, the Governor of a
September 30, 2027, to improve compensation of in the year for such preschool services, for fiscal State shall submit a State plan to the Secretary
Head Start staff consistent with subparagraphs year 2026; and for approval by the Secretary, in collaboration
(A)(i) and (B)(viii) of section 640(a)(5) of the (III) 63.627 percent of the State’s expenditures with the Secretary of Education, at such time,
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Head Start Act (42 U.S.C. 9835(a)(5)), notwith- in the year for such preschool services, for fiscal in such manner, and containing such informa-
standing section 653(a) of such Act (42 U.S.C. year 2027. tion as the Secretary shall by rule require, that
9848(a)), in fiscal year 2027; (ii) STATE ACTIVITIES.—The Secretary shall includes a plan for achieving universal, high-
(F)(i) $1,900,000,000, to remain available until pay to each State with an approved State plan quality, free, inclusive, and mixed-delivery pre-
September 30, 2027, to carry out the program of under paragraph (5) an amount for a fiscal year school services. Such plan shall include, at a
grants to localities described in subsection (f)(2) equal to 53.022 percent of the amount of the minimum, each of the following:
in fiscal year 2023; State’s expenditures for the activities described (A) A certification that—
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H6398 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(i) the State has in place developmentally ap- Education and Care designated or established in (1) SUBGRANTS AND CONTRACTS.—
propriate, evidence-based preschool standards section 642B(b)(1)(A)(i) of the Head Start Act (42 (A) IN GENERAL.—A State that receives a pay-
that, at a minimum, are as rigorous as the U.S.C. 9837b(b)(1)(A)(i)) in the development of ment under subsection (c)(2) for a fiscal year
standards specified in subparagraph (B) of sec- its plan, including consultation in how the shall use amounts provided through the pay-
tion 641A(a)(1) of the Head Start Act (42 U.S.C. State intends to distribute slots under clause (v); ment to pay the costs of subgrants to, or con-
9836a(a)(1)) and include program standards for (iv) partner with Head Start agencies to en- tracts with, eligible providers to operate uni-
class sizes and ratios; and sure the full utilization of Head Start programs versal, high-quality, free, and inclusive pre-
(ii) the State will coordinate such standards within the State; and school programs (which State-funded programs
with other early learning standards in the (v) distribute new preschool slots equitably may be referred to in this section as ‘‘local pre-
State. among child care (including family child care) school programs’’) through the State preschool
(B) An assurance that the State will ensure— providers, Head Start agencies, and schools program in accordance with paragraph (3). A
(i) all preschool services in the State funded within the State. State shall reduce or increase the amounts pro-
under this section will— (E) A certification that the State, in operating vided under such subgrants or contracts if need-
(I) be universally available to all children in the program described in this section for a fiscal ed to adjust for any overpayment or under-
the State without any additional eligibility re- year— payment described in subsection (c)(2)(B)(iv).
quirements; (i) will not reduce the total preschool slots (B) AMOUNT.—A State shall award a subgrant
(II) be high-quality, free, and inclusive; and provided in State-funded preschool programs or contract under this subsection in a sufficient
(III) by not later than 1 year after the State from the number of such slots in the previous amount to enable the eligible provider to operate
receives such funding, meet the State’s pre- fiscal year; or a local preschool program that meets the re-
school education standards described in sub- (ii) if the number of eligible children identified
quirements of subsection (c)(5)(B), which
paragraph (A); and in the State declines from the previous fiscal
(ii) that the local preschool programs in the amount shall reflect variations in the cost of
year, will maintain at least the previous year’s
State funded under this section will— preschool services by geographic area, type of
ratio of the total preschool slots described in
(I) offer programming that meets the duration provider, and age of child, and the additional
clause (i) to eligible children so identified.
requirements of at least 1,020 annual hours; (F) An assurance that the State will use fund- costs associated with providing inclusive pre-
(II) adopt policies and practices to conduct ing provided under this section to ensure chil- school services for children with disabilities.
outreach and provide expedited enrollment, in- dren with disabilities have access to and partici- (C) DURATION.—The State shall award a
cluding prioritization, to— pate in inclusive preschool programs consistent subgrant or contract under this subsection for a
(aa) children experiencing homelessness with provisions in the Individuals with Disabil- period of not less than 3 years, unless the
(which, in the case of a child attending a pro- ities Education Act, and a description of how subgrant or contract is terminated or suspended,
gram provided by an eligible provider described the State will collaborate with entities carrying or the subgrant period is reduced, for cause.
in subsection (a)(6)(A), shall include immediate out programs under section 619 or part C of the (2) ENHANCED PAYMENTS FOR COMPREHENSIVE
enrollment for the child); SERVICES.—In awarding subgrants or contracts
Individuals with Disabilities Education Act, to
(bb) children in foster care or kinship care; support inclusive preschool programs. under this subsection and in addition to meeting
(cc) children in families who are engaged in (G) A certification that the State will support the requirements of paragraph (1)(B), the State
migrant or seasonal agricultural labor; the continuous quality improvement of programs shall award subgrants or contracts with en-
(dd) children with disabilities, including eligi- providing preschool services under this section, hanced payments to eligible providers that offer
ble children who are served under part C of the including support through technical assistance, local preschool programs funded under this sub-
Individuals with Disabilities Education Act; and monitoring, and research. section to a high percentage of low-income chil-
(ee) dual language learners; (H) A certification that the State will ensure dren to support comprehensive services.
(III) provide for salaries, and set schedules for a highly qualified early childhood workforce to (3) ESTABLISHING AND EXPANDING UNIVERSAL
salaries, for staff of providers in the State pre- support the requirements of this section. PRESCHOOL PROGRAMS.—
school program that are equivalent to salaries of (I) An assurance that the State will meet the (A) ESTABLISHING AND EXPANDING UNIVERSAL
elementary school staff with similar credentials requirements of clauses (ii) and (iii) of section PRESCHOOL PROGRAMS IN HIGH-NEED COMMU-
and experience; 658E(c)(2)(T) of the Child Care and Development NITIES.—In awarding subgrants or contracts
(IV) at a minimum, provide a living wage for Block Grant Act of 1990 (42 U.S.C. under this subsection, the State shall first
all staff of such providers; and 9858c(c)(2)(T)), with respect to funding and as- prioritize establishing and expanding universal
(V) require educational qualifications for local preschool programs within and across
sessments under this section.
teachers in the preschool program including, at (J) A certification that subgrant and contract high-need communities by awarding subgrants
a minimum, requiring that lead teachers in the amounts provided as described in subsection (d) or contracts to eligible providers operating with-
preschool program have a baccalaureate degree will be sufficient to enable eligible providers to in and across, or with capacity to operate with-
in early childhood education or a related field meet the requirements of this section, and will in and across, such high-need communities. The
by not later than 6 years after the date on provide for increased payment amounts based State shall—
which the State first receives funds under this on the criteria described in subclauses (III) and (i) use a research-based methodology approved
Act, except that— (IV) of subparagraph (B)(ii). by the Secretary to identify such high-need com-
(aa) subject to item (bb), the requirements (K) An agreement to provide to the Secretary munities, as determined by—
under this subclause shall not apply to individ- such periodic reports, providing a detailed ac- (I) the rate of poverty in the community;
uals who were employed by an eligible provider counting of the uses of funding received under (II) rates of access to high-quality preschool
or early education program for a cumulative 3 of this section, as the Secretary may require for the within the community; and
the 5 years immediately preceding the date of administration of this section. (III) other indicators of community need as re-
enactment of this Act and have the necessary (6) DURATION OF THE PLAN.—Each State plan quired by the Secretary; and
content knowledge and teaching skills for early shall remain in effect for a period of not more (ii) distribute funding for preschool services
childhood educators, as demonstrated through than 3 years. Amendments to the State plan under this section within such a high-need com-
measures determined by the State; and shall remain in effect for the duration of the
(bb) nothing in this section shall require the munity so that a majority of children in the
plan. community are offered such preschool services
State to lessen State requirements for edu- (7) TRANSITIONAL STATE PLAN.—
cational qualifications, in existence on the date before the State establishes and expands pre-
(A) IN GENERAL.—The Secretary shall develop school services in communities with lower levels
of enactment of this Act, to serve as a teacher parameters for, and allow a State to submit for
in a State preschool program. of need.
purposes of this subsection for a period of not (B) USE OF FUNDS.—Subgrants or contracts
(C) For States with existing publicly funded more than 3 years, a transitional State plan, at
State preschool programs (as of the date of sub- awarded under subparagraph (A) shall be used
such time, in such manner and containing such to enroll and serve children in such a local pre-
mission of the State plan), a description of how information as the Secretary shall require.
the State plans to use funding provided under school program involved, including by paying
(B) CONTENTS.—The transitional plan shall—
this section to ensure that such existing pro- (i) demonstrate that the State will meet the re- the costs—
grams in the State meet the requirements of this quirements of such plan as determined by the (i) of personnel (including classroom and ad-
section for a State preschool program. Secretary; and ministrative personnel), including compensation
(D) A description of how the State, in estab- (ii) include, at a minimum— and benefits;
lishing and operating the State preschool pro- (I) an assurance that the State will submit a (ii) associated with implementing the State’s
gram supported under this section, will— State plan under paragraph (5); preschool standards, providing curriculum sup-
(i) support a mixed-delivery system for any (II) a description of how the funds received by ports, and meeting early learning and develop-
new slots funded under this section, including the State under this section will be spent to ex- ment standards;
by facilitating the participation of Head Start pand access to universal, high-quality, free, in- (iii) of professional development, teacher sup-
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programs and programs offered by licensed child clusive, and mixed-delivery preschool in align- ports, and training;
care providers; ment with the requirements of this section; and (iv) of implementing and meeting develop-
(ii) ensure the State preschool program does (III) such data as the Secretary may require mentally appropriate health and safety stand-
not disrupt the stability of infant and toddler on the provision of preschool services in the ards (including licensure, where applicable),
child care throughout the State; State. teacher to child ratios, and group size maxi-
(iii) ensure adequate consultation with the (d) SUBGRANTS AND CONTRACTS FOR LOCAL mums;
State Advisory Council on Early Childhood PRESCHOOL PROGRAMS.— (v) of materials, equipment, and supplies; and
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6399
(vi) of rent or a mortgage, utilities, building plicable to States under this section, for a uni- (h) MAINTENANCE OF EFFORT.—
security, indoor and outdoor maintenance, and versal, high-quality, free, and inclusive pre- (1) IN GENERAL.—If a State reduces its com-
insurance. school program. bined fiscal effort per child for the State pre-
(4) ESTABLISHING AND EXPANDING UNIVERSAL (B) ALLOTMENTS.—For each State described in school program (whether a publicly funded pre-
PRESCHOOL PROGRAMS IN ADDITIONAL COMMU- subparagraph (A), the Secretary shall allot for school program or a program under this section)
NITIES.—Once a State that receives a payment the State for a fiscal year an amount that bears or through State supplemental assistance funds
under subsection (c)(2) meets the requirements the same relationship to the funds appropriated for Head Start programs assisted under the
of paragraph (3) with respect to establishing under subsection (b)(2)(F) for the fiscal year as Head Start Act, or through any State spending
and expanding local preschool programs within the number of children from families with family on preschool services for any fiscal year that a
and across high-need communities, the State incomes at or below 200 percent of the poverty State receives payments under subsection (c)(2)
shall use funds from such payment to enroll and line, and who are under the age of 6, in the (referred to in this paragraph as the ‘‘reduction
serve children in local preschool programs, as State bears to the total number of all such chil- fiscal year’’) relative to the previous fiscal year,
described in such paragraph, in additional com- dren in all States described in subparagraph the Secretary, in collaboration with the Sec-
munities in accordance with the metrics de- (A). retary of Education, shall reduce support for
scribed in paragraph (3)(A)(i). Such funds shall (C) APPLICATION.—To receive a grant from the such State under such subsection by the same
be used for the activities described in clauses (i) corresponding State allotment under this sub- amount as the total reduction in that State fis-
through (vi) of paragraph (3)(B). section, an eligible locality shall submit an ap- cal effort for such reduction fiscal year.
(e) PAYMENTS FOR UNIVERSAL PRESCHOOL plication to the Secretary at such time, in such (2) WAIVER.—The Secretary, in collaboration
SERVICES INDIAN TRIBES AND TERRITORIES.— manner, and containing such information as the with the Secretary of Education, may waive the
(1) INDIAN TRIBES AND TRIBAL ORGANIZA- Secretary may require. The requirements for the requirements of paragraph (1) if—
TIONS.— application shall, to the greatest extent prac- (A) the Secretaries determine that a waiver
(A) IN GENERAL.—For each of fiscal years 2022 ticable, be consistent with the State plan re- would be appropriate due to a precipitous de-
through 2027, from the amount appropriated for quirements applicable to States under this sec- cline in the financial resources of a State as a
Indian Tribes and Tribal organizations under tion. result of unforeseen economic hardship, or a
subsection (b)(2)(A), the Secretary shall make (D) RECOUPMENT OF UNUSED FUNDS.—Not- natural disaster, that has necessitated across-
payments to Indian Tribes and Tribal organiza- withstanding any other provision of this sec- the-board reductions in State services during the
tions with an application approved under sub- tion, for each of fiscal years 2023 through 2027, 5-year period preceding the date of the deter-
paragraph (B), and the Tribes and Tribal orga- the Secretary shall have the authority to recoup mination, including for early childhood edu-
nizations shall be entitled to such payments for any unused funds allotted under subparagraph cation programs; or
the purpose of carrying out the preschool pro- (B) for awards under paragraph (3)(A) to Head (B) due to the circumstance of a State requir-
gram described in this section, consistent, to the Start agencies in accordance with paragraph ing reductions in specific programs, including
extent practicable as determined by the Sec- (3). early childhood education programs, the State
retary, with the requirements applicable to (3) HEAD START EXPANSION IN NONPARTICI- presents to the Secretaries a justification and
States. PATING STATES.— demonstration why other programs could not be
(B) APPLICATIONS.—An Indian Tribe or Tribal (A) IN GENERAL.—The Secretary shall use reduced and how early childhood education
organization seeking a payment under this funds appropriated under subsection (b)(2)(G) programs in the State will not be disproportion-
paragraph shall submit an application to the or recouped under paragraph (2) to make ately harmed by such State reductions.
Secretary at such time, in such manner, and awards to Head Start agencies in a State de- (i) SUPPLEMENT NOT SUPPLANT.—Funds re-
containing such information as the Secretary scribed in paragraph (2)(A) to carry out the pur- ceived under this section shall be used to supple-
may specify. poses of the Head Start Act in such State. ment and not supplant other Federal, State, and
(2) TERRITORIES.— (B) RULE.—For purposes of carrying out the local public funds expended on prekindergarten
(A) IN GENERAL.—For each of fiscal years 2022 Head Start Act in circumstances not involving programs in the State on the date of enactment
through 2027, from the amount appropriated for awards under this paragraph, funds awarded of this Act, calculated as the average amount of
territories under subsection (b)(2)(B), the Sec- under subparagraph (A) shall not be included in such Federal, State, and local public funds ex-
retary shall make payments to the territories the calculation of a ‘‘base grant’’ as such term pended for fiscal years 2019, 2020, and 2021.
with an application approved under subpara- is defined in section 640(a)(7)(A) of the Head (j) NONDISCRIMINATION PROVISIONS.—The fol-
graph (B), and the territories shall be entitled to Start Act (42 U.S.C. 9835(a)(7)(A)). lowing provisions of law shall apply to any pro-
such payments, for the purpose of carrying out (C) DEFINITION.—In this paragraph, the term gram or activity that receives funds provided
the preschool program described in this section, ‘‘Head Start agency’’ means an entity des- under this section:
consistent, to the extent practicable as deter- ignated or eligible to be designated as a Head (1) Title IX of the Education Amendments of
mined by the Secretary, with the requirements Start agency under section 641(a)(1) of the Head 1972.
applicable to States. Start Act or as an Early Head Start agency (by (2) Title VI of the Civil Rights Act of 1964.
(B) APPLICATIONS.—A territory seeking a pay- receiving a grant) under section 645A(a) of such (3) Section 504 of the Rehabilitation Act of
ment under this paragraph shall submit an ap- Act. 1973.
plication to the Secretary at such time, in such (4) PRIORITY FOR SERVING UNDERSERVED COM- (4) The Americans with Disabilities Act of
manner, and containing such information as the MUNITIES.—In making determinations to award 1990.
Secretary may specify. a grant or make an award under this sub- (5) Section 654 of the Head Start Act.
(3) LEAD AGENCY.—The head of an Indian section, the Secretary shall give priority to enti- (k) MONITORING AND ENFORCEMENT.—
tribe or territory desiring for the Indian tribe or ties serving communities with a high percentage (1) REVIEW OF COMPLIANCE WITH REQUIRE-
a related tribal organization, or territory, to re- of children from families with family incomes at MENTS AND STATE PLAN.—The Secretary shall re-
ceive a payment under this subsection shall des- or below 200 percent of the poverty line. view and monitor compliance of States, terri-
ignate a lead agency (such as a tribal or terri- (g) ALLOWABLE SOURCES OF NON-FEDERAL tories, Tribal entities, and local entities with
torial agency or joint interagency office) for the SHARE.—For purposes of calculating the amount this section and State compliance with the State
administration of the preschool program of the of the non-Federal share, as determined under plan described in subsection (c)(5).
Indian tribe or territory, under this section. subsection (c)(2)(B)(iii), relating to a payment (2) ISSUANCE OF RULE.—The Secretary shall
(f) GRANTS TO LOCALITIES AND HEAD START under subsection (c)(2)(B), a State’s non-Fed- establish by rule procedures for—
EXPANSION IN NONPARTICIPATING STATES.— eral share— (A) receiving, processing, and determining the
(1) ELIGIBLE LOCALITY DEFINED.—In this sub- (1) may be in cash or in kind, fairly evalu- validity of complaints or findings concerning
section, the term ‘‘eligible locality’’ means a ated, including facilities or property, equipment, any failure of a State to comply with the State
city, county, or other unit of general local gov- or services; plan or any other requirement of this section;
ernment, a local educational agency, or a Head (2) shall include any increase in amounts (B) notifying a State when the Secretary has
Start agency. spent by the State to expand half-day kinder- determined there has been a failure by the State
(2) GRANTS TO LOCALITIES.— garten programs in the State, as of the day be- to comply with a requirement of this section;
(A) IN GENERAL.—The Secretary, in consulta- fore the date of enactment of this Act, into full- and
tion with the Secretary of Education, shall use day kindergarten programs; (C) imposing sanctions under this subsection
funds reserved in subsection (b)(2)(F) to award (3) shall not include contributions being used for such a failure.
local universal preschool grants, in accordance as a non-Federal share or match for another
with rules established by the Secretary of Federal award; Subtitle E—Child Nutrition and Related
Health and Human Services, to eligible localities (4) shall be provided from State or local Programs
located in States that have not received pay- sources, contributions from philanthropy or SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY.
ments under subsection (c)(2)(A). The Secretary other private organizations, or a combination of (a) MULTIPLIER AND THRESHOLD ADJUSTED.—
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shall award the grants to eligible localities in a such sources and contributions; and (1) MULTIPLIER.—Clause (vii) of section
State from the allotment made for that State (5) shall count not more than 100 percent of 11(a)(1)(F) of the Richard B. Russell National
under subparagraph (B). The Secretary shall the State’s current spending on prekindergarten School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is
specify the requirements for an eligible locality programs, calculated as the average amount of amended to read as follows:
to conduct a preschool program under this sub- such spending by the State for fiscal years 2019, ‘‘(vii) MULTIPLIER.—
section which shall, to the greatest extent prac- 2020, and 2021, toward the State’s non-Federal ‘‘(I) IMPLEMENTATION IN 2022–2027.—For each
ticable, be consistent with the requirements ap- share. school year beginning on or after July 1, 2022,
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H6400 CONGRESSIONAL RECORD — HOUSE November 18, 2021
and ending before July 1, 2027, the Secretary such Act, in accordance with section 9 of such retary, States, covered Indian Tribal organiza-
shall use a multiplier of 2.5. Act (7 U.S.C. 2018). tions, and local educational agencies.
‘‘(II) IMPLEMENTATION AFTER 2027.—For each ‘‘(ii) OTHER STATES.—Summer EBT benefits ‘‘(2) IMPLEMENTATION GRANT FUNDING.—In
school year beginning on or after July 1, 2027, issued pursuant to subsection (a) by a State not addition to amounts otherwise available, includ-
the Secretary shall use a multiplier of 1.6.’’. described in clause (i) may only be used by the ing under paragraph (1), there is appropriated
(2) THRESHOLD.—Clause (viii) of section eligible household that receives such summer for fiscal year 2022, out of any money in the
11(a)(1)(F) of the Richard B. Russell National EBT benefits to purchase food (as defined in Treasury not otherwise appropriated,
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is section 3(k) of the Food and Nutrition Act of $50,000,000, to remain available until expended,
amended to read as follows: 2008 (7 U.S.C. 2012(k))) from retail food stores to carry out subsection (d).
‘‘(viii) THRESHOLD.— that have been approved for participation in the ‘‘(g) SUNSET.—The authority under this sec-
‘‘(I) IMPLEMENTATION IN 2022–2027.—For each supplemental nutrition assistance program es- tion shall terminate on September 30, 2024.
school year beginning on or after July 1, 2022, tablished under such Act, in accordance with ‘‘(h) DEFINITIONS.—In this section:
and ending before July 1, 2027, the threshold section 9(b) of such Act (7 U.S.C. 2018) or retail ‘‘(1) COVERED INDIAN TRIBAL ORGANIZATION.—
shall be not more than 25 percent. food stores that have been approved for partici- The term ‘covered Indian Tribal organization’
‘‘(II) IMPLEMENTATION AFTER 2027.—For each pation in a Department of Agriculture grant means an Indian Tribal organization that par-
school year beginning on or after July 1, 2027, funded nutrition assistance program in the ticipates in the special supplemental nutrition
the threshold shall be not more than 40 per- Commonwealth of the Northern Mariana Is- program for women, infants, and children under
cent.’’. lands, Puerto Rico, or American Samoa. section 17 of the Child Nutrition Act of 1966 (42
(b) STATEWIDE COMMUNITY ELIGIBILITY.—Sec- ‘‘(B) BENEFITS ISSUED BY COVERED INDIAN U.S.C. 1786).
tion 11(a)(1)(F) of the Richard B. Russell Na- TRIBAL ORGANIZATIONS.—Summer EBT benefits ‘‘(2) ELIGIBLE CHILD.—The term ‘eligible child’
tional School Lunch Act (42 U.S.C. issued pursuant to subsection (a) by a covered means, with respect to a summer, a child who
1759a(a)(1)(F)) is amended by adding at the end Indian Tribal organization may only be used by was, during the school year immediately pre-
the following: the eligible household that receives such summer ceding such summer—
‘‘(xiv) STATEWIDE COMMUNITY ELIGIBILITY.— EBT benefits to purchase supplemental foods ‘‘(A) certified to receive free or reduced price
For each school year beginning on or after July from retailers that have been approved for par- lunch under the school lunch program under
1, 2022, and ending before July 1, 2027, the Sec- ticipation in— this Act;
retary shall establish a statewide community eli- ‘‘(i) the special supplemental nutrition pro- ‘‘(B) certified to receive free or reduced price
gibility program under which, in the case of a gram for women, infants, and children under breakfast under the school breakfast program
State agency that agrees to provide funding section 17 of the Child Nutrition Act of 1966 (42 under section 4 of the Child Nutrition Act of
from sources other than Federal funds to ensure U.S.C. 1786); or 1966 (42 U.S.C. 1773); or
that local educational agencies in the State re- ‘‘(ii) the program under this section. ‘‘(C) enrolled in a school described in sub-
ceive the free reimbursement rate for 100 percent ‘‘(2) AMOUNT.—Summer EBT benefits issued paragraph (B), (C), (D), (E), or (F) of section
of the meals served at applicable schools— pursuant to subsection (a)— 11(a)(1).
‘‘(I) the multiplier described in clause (vii) ‘‘(A) shall be— ‘‘(3) ELIGIBLE HOUSEHOLD.—The term ‘eligible
shall apply; ‘‘(i) for calendar year 2023, in an amount household’ means a household that includes at
‘‘(II) notwithstanding clause (viii), the thresh- equal to $65 for each child in the eligible house- least 1 eligible child.’’.
old shall be zero; and hold per month during the summer; and SEC. 24003. HEALTHY FOOD INCENTIVES DEM-
‘‘(III) the percentage of enrolled students who ‘‘(ii) for calendar year 2024, in an amount ONSTRATION.
were identified students shall be calculated equal to the amount described in clause (i), ad- (a) APPROPRIATION.—In addition to amounts
across all applicable schools in the State regard- justed to the nearest lower dollar increment to otherwise available, there is appropriated to the
less of local educational agency.’’. reflect changes to the cost of the thrifty food Secretary of Agriculture for fiscal year 2022, out
SEC. 24002. SUMMER ELECTRONIC BENEFITS plan (as defined in section 3(u) of the Food and of any money in the Treasury not otherwise ap-
TRANSFER FOR CHILDREN PRO- Nutrition Act of 2008 (7 U.S.C. 2012(u)) for the
GRAM. propriated, $250,000,000, to remain available
12-month period ending on November 30 of the until expended, to provide—
The Richard B. Russell National School preceding calendar year; and
Lunch Act is amended by inserting after section (1) technical assistance and evaluation with
‘‘(B) may be issued—
13 (42 U.S.C. 1761) the following: respect to the activities described in subpara-
‘‘(i) in the form of an EBT card; or
graphs (A) through (D) of paragraph (2); and
‘‘SEC. 13A.
SUMMER ELECTRONIC BENEFITS ‘‘(ii) through electronic delivery.
TRANSFER FOR CHILDREN PRO- ‘‘(c) ENROLLMENT IN PROGRAM.— (2) grants and monetary incentives to carry
GRAM. ‘‘(1) STATE REQUIREMENTS.—States partici- out 1 or more of the following:
‘‘(a) PROGRAM ESTABLISHED.—The Secretary pating in the program under this section shall— (A) Improving the nutritional quality of meals
shall establish a program under which States ‘‘(A) with respect to a summer, automatically and snacks served under a child nutrition pro-
and covered Indian Tribal organizations partici- enroll eligible children in the program under gram.
pating in such program shall, for summer 2023 this section without further application; and (B) Enhancing the nutrition and wellness en-
and summer 2024 issue to eligible households ‘‘(B) require local educational agencies to vironment of institutions participating in a
summer EBT benefits— allow eligible households to opt out of participa- child nutrition program, including by reducing
‘‘(1) in accordance with this section; and tion in the program under this section and es- the availability of less healthy foods during the
‘‘(2) for the purpose of providing nutrition as- tablish procedures for opting out of such partici- school day.
sistance through electronic benefits transfer pation. (C) Increasing the procurement of fresh, local,
during the summer months for eligible children, ‘‘(2) COVERED INDIAN TRIBAL ORGANIZATION regional, and culturally appropriate foods and
to ensure continued access to food when school REQUIREMENTS.—Covered Indian Tribal organi- foods produced by underserved or limited re-
is not in session for the summer. zations participating in the program under this source farmers, as defined by the Secretary of
‘‘(b) SUMMER EBT BENEFITS REQUIREMENTS.— section shall, to the maximum extent prac- Agriculture, to be served as part of a child nu-
‘‘(1) PURCHASE OPTIONS.— ticable, meet the requirements under subpara- trition program.
‘‘(A) BENEFITS ISSUED BY STATES.— graphs (A) through (C) of paragraph (1). (D) Funding a statewide nutrition education
‘‘(i) WIC PARTICIPATION STATES.—In the case ‘‘(d) IMPLEMENTATION GRANTS.—On and after coordinator—
of a State that participated in a demonstration January 1, 2022, the Secretary shall carry out a (i) to support individual school food authority
program under section 749(g) of the Agriculture, program to make grants to States and covered nutrition education efforts; and
Rural Development, Food and Drug Administra- Indian Tribal organizations to build capacity (ii) to facilitate collaboration with other nutri-
tion, and Related Agencies Appropriations Act, for implementing the program under this sec- tion education efforts in the State.
2010 (Public Law 111–80; 123 Stat. 2132) during tion. (b) STATE DEFINED.—In this section, the term
calendar year 2018 using a WIC model, summer ‘‘(e) ALTERNATE PLANS IN THE CASE OF CON- ‘‘State’’ has the meaning given the term in sec-
EBT benefits issued pursuant to subsection (a) TINUOUS SCHOOL CALENDAR.—The Secretary tion 12(d) of the Richard B. Russell National
by such a State may only be used by the eligible shall establish an alternative method for deter- School Lunch Act (42 U.S.C. 1760(d)).
household that receives such summer EBT bene- mining the schedule and number of days during SEC. 24004. SCHOOL KITCHEN EQUIPMENT
fits to purchase— which summer EBT benefits may be issued pur- GRANTS.
‘‘(I) supplemental foods from retailers that suant to subsection (a) in the case of children In addition to amounts otherwise available,
have been approved for participation in— who are under a continuous school calendar. there is appropriated to the Secretary of Agri-
‘‘(aa) the special supplemental nutrition pro- ‘‘(f) FUNDING.— culture for fiscal year 2022, out of any money in
gram for women, infants, and children under ‘‘(1) PROGRAM FUNDING.—In addition to the Treasury not otherwise appropriated,
section 17 of the Child Nutrition Act of 1966 (42 amounts otherwise available, there is appro- $30,000,000, to remain available until expended
dlhill on DSK120RN23PROD with HOUSE
U.S.C. 1786); or priated for each of fiscal years 2022 through through fiscal year 2030, for training and tech-
‘‘(bb) the program under this section; or 2024, out of any money in the Treasury not oth- nical assistance to support scratch cooking and
‘‘(II) food (as defined in section 3(k) of the erwise appropriated, such sums, to remain avail- to award grants to States (as defined in section
Food and Nutrition Act of 2008 (7 U.S.C. able for the 2-year period following the date 12(d) of the Richard B. Russell National School
2012(k))) from retail food stores that have been such amounts are made available, as may be Lunch Act (42 U.S.C. 1760(d))) to make competi-
approved for participation in the supplemental necessary to carry out this section, including for tive subgrants to local educational agencies and
nutrition assistance program established under administrative expenses incurred by the Sec- schools to purchase equipment with a value of
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6401
greater than $1,000 that, with respect to the (7) $59,000,000 for necessary expenses for tech- SEC. 25006. FUNDING TO SUPPORT UNPAID CARE-
school lunch program established under the nical assistance centers or national resource GIVERS.
Richard B. Russell National School Lunch Act centers supported under the OAA, including all (a) IN GENERAL.—In addition to amounts oth-
(42 U.S.C. 1751–1769j) and the school breakfast such centers that received funding under title erwise available, there is appropriated to the
program established under section 4 of the Child IV of the OAA for fiscal year 2021, in order to Secretary of Health and Human Services (re-
Nutrition Act of 1966 (42 U.S.C. 1773), is nec- support technical assistance and resource devel- ferred to in this section as the ‘‘Secretary’’) for
essary to serve healthier meals, improve food opment related to culturally appropriate care fiscal year 2022, out of any money in the Treas-
safety, and increase scratch cooking. management and services for older individuals ury not otherwise appropriated, $40,000,000, to
Subtitle F—Human Services and Community with the greatest social need, including racial remain available until expended, for carrying
Supports and ethnic minority individuals; out the purpose described in subsection (b).
(8) $15,000,000 for necessary expenses for tech- (b) USE OF FUNDING.—The Secretary, acting
SEC. 25001. ASSISTIVE TECHNOLOGY.
nical assistance centers or national resource through the Assistant Secretary for Aging, shall
In addition to amounts otherwise available,
centers supported under the OAA that are fo- use amounts appropriated by subsection (a) for
there is appropriated for fiscal year 2022, out of
cused on providing services for older individuals necessary expenses to make awards, pursuant to
any money in the Treasury not otherwise appro-
who are underserved due to their sexual ori- section 373(i) of the Older Americans Act of 1965
priated, $10,000,000, to remain available until ex-
entation or gender identity; (42 U.S.C. 3030s–1(i)), to States, public agencies,
pended, for necessary expenses to carry out the
(9) $1,000,000 for necessary expenses for efforts private nonprofit agencies, institutions of higher
Assistive Technology Act of 1998 (29 U.S.C.
of national training and technical assistance education, and organizations, including Tribal
3003(a)).
centers supported under the OAA to— organizations, for initiatives to address the be-
SEC. 25002. FAMILY VIOLENCE PREVENTION AND
SERVICES FUNDING. (A) support expanding the reach of the aging havioral health needs of family caregivers and
In addition to amounts otherwise available, services network to more effectively assist older older relative caregivers.
there is appropriated to the Secretary of Health individuals in remaining socially engaged and (c) SUPPLEMENT NOT SUPPLANT.—Amounts
and Human Services, for fiscal year 2022, out of active; appropriated by this section shall be used to
any money in the Treasury not otherwise appro- (B) provide additional support in technical as- supplement and not supplant other Federal,
priated, $30,000,000, to remain available until ex- sistance and training to the aging services net- State, or local public funds to support unpaid
pended, for necessary administrative expenses to work to address the social isolation of older in- caregivers.
carry out subsections (c) and (d) of section 2204 dividuals; SEC. 25007. FUNDING TO SUPPORT INDIVIDUALS
(C) promote best practices and identify inno- WITH INTELLECTUAL AND DEVELOP-
of the American Rescue Plan Act of 2021 (Public
MENTAL DISABILITIES.
Law 117–2). vation in the field; and
(D) continue to support a repository for inno- (a) IN GENERAL.—In addition to amounts oth-
SEC. 25003. PREGNANCY ASSISTANCE FUND.
vations designed to increase the ability of the erwise available, there is appropriated to the
Section 10214 of the Patient Protection and
aging services network to tailor social engage- Secretary of Health and Human Services (re-
Affordable Care Act (42 U.S.C. 18204) is amend-
ment activities to meet the needs of older indi- ferred to in this section as the ‘‘Secretary’’), for
ed by adding at the end the following new sen-
viduals; and fiscal year 2022, out of any money in the Treas-
tence:
‘‘In addition, there is appropriated for fiscal (10) $5,000,000 for necessary expenses to carry ury not otherwise appropriated, $25,000,000, to
year 2022, out of any money in the Treasury not out section 417 of the OAA. remain available until expended, for carrying
otherwise appropriated— Amounts appropriated by this subsection shall out the purpose described in subsection (b).
‘‘(1) $25,000,000, to remain available until ex- remain available until expended. (b) USE OF FUNDING.—The Secretary, acting
pended, to carry out this part in fiscal year (b) NONAPPLICABILITY OF CERTAIN REQUIRE- through the Administrator of the Administration
2022; MENTS.—The non-Federal contribution require- for Community Living, shall use amounts appro-
‘‘(2) $25,000,000, to remain available until ex- ments under sections 304(d)(1)(D) and 431(a) of priated by subsection (a) for necessary expenses
pended, to carry out this part in fiscal year the Older Americans Act of 1965, and section to award grants, contracts, or cooperative
2023; and 373(h)(2) of such Act, shall not apply to— agreements to public or private nonprofit enti-
‘‘(3) $25,000,000, to remain available until ex- (1) any amounts made available under this ties pursuant to section 162 of the Develop-
pended, to carry out this part in fiscal year section; or mental Disabilities Assistance and Bill of Rights
2024.’’. (2) any amounts made available under section Act of 2000 (42 U.S.C. 15082) for initiatives to ad-
SEC. 25004. FUNDING FOR THE AGING NETWORK 2921 of the American Rescue Plan Act of 2021 dress the behavioral health needs of individuals
AND INFRASTRUCTURE. (Public Law 117–2). with intellectual and developmental disabilities.
(a) APPROPRIATION.—In addition to amounts SEC. 25005. TECHNICAL ASSISTANCE CENTER FOR (c) SUPPLEMENT NOT SUPPLANT.—Amounts
otherwise available, there are appropriated for SUPPORTING DIRECT CARE AND appropriated by this section shall be used to
fiscal year 2022, out of any money in the Treas- CAREGIVING. supplement and not supplant other Federal,
ury not otherwise appropriated, to the Depart- (a) IN GENERAL.—In addition to amounts oth- State, or local public funds to support individ-
ment of Health and Human Services— erwise available, there is appropriated to the uals with intellectual and developmental dis-
(1) $75,000,000 for the Research, Demonstra- Secretary of Health and Human Services, acting abilities.
tion, and Evaluation Center for the Aging Net- through the Administrator for the Administra- SEC. 25008. OFFICE OF THE INSPECTOR GENERAL
work for necessary expenses to carry out the ac- tion for Community Living, for fiscal year 2022, OF THE DEPARTMENT OF HEALTH
tivities of the Center under section 201(g) of the AND HUMAN SERVICES.
out of any money in the Treasury not otherwise
Older Americans Act of 1965 (OAA); appropriated, $20,000,000, to remain available In addition to amounts otherwise available,
(2) $655,000,000 for necessary expenses to carry until September 30, 2031, for necessary expenses there is appropriated to the Department of
out part B of title III of the OAA, including Health and Human Services for fiscal year 2022,
to establish, directly or through grants, con-
for— out of any money in the Treasury not otherwise
tracts, or cooperative agreements, a national
(A) supportive services of the type made avail- appropriated, $50,000,000, to remain available
able for fiscal year 2021 and authorized under technical assistance center (referred to in this
section as the ‘‘Center’’) to— until expended, for the Office of Inspector Gen-
such part; eral of the Department of Health and Human
(B) investing in the aging services network for (1) provide technical assistance for supporting
direct care workforce recruitment, education Services, for salaries and expenses necessary for
the purposes of improving the availability of oversight, investigations, and audits of pro-
supportive services, including investing in the and training, retention, career advancement,
and for supporting family caregivers and grams, grants, and projects funded under sub-
aging services network workforce; titles D and F of this title.
(C) the acquisition, alteration, or renovation caregiving activities;
of facilities, including multipurpose senior cen- (2) develop and disseminate a set of replicable Subtitle G—National Service and Workforce
ters and mobile units; and models or evidence-based or evidence-informed Development in Support of Climate Resil-
(D) construction or modernization of facilities strategies or best practices for— ience and Mitigation
to serve as multipurpose senior centers; (A) recruitment, education and training, re- SEC. 26001. CORPORATION FOR NATIONAL AND
(3) $140,000,000 for necessary expenses to carry tention, and career advancement of direct sup- COMMUNITY SERVICE AND THE NA-
out part C of title III of the OAA, including to port workers; TIONAL SERVICE TRUST.
support the modernization of infrastructure and (B) reducing barriers to accessing direct care (a) AMERICORPS STATE AND NATIONAL.—
technology, including kitchen equipment and services; and (1) IN GENERAL.—In addition to amounts oth-
delivery vehicles, to support the provision of (C) increasing access to alternatives to direct erwise available, there is appropriated for fiscal
congregate nutrition services and home deliv- care services, including assistive technology, year 2022, out of any money in the Treasury not
ered nutrition services under such part; that reduce reliance on such services; otherwise appropriated, to the Corporation for
(4) $150,000,000 for necessary expenses to carry (3) provide recommendations for education National and Community Service, $3,200,000,000,
out part E of title III of the OAA, including sec- and training curricula for direct support work- to remain available until September 30, 2026,
dlhill on DSK120RN23PROD with HOUSE
tion 373(e) of such part; ers; and which shall be used to make funding adjust-
(5) $50,000,000 for necessary expenses to carry (4) provide recommendations for activities to ments to existing (as of the date of enactment of
out title VI of the OAA, including part C of further support paid and unpaid family care- this Act) awards and make new awards to enti-
such title; givers, including expanding respite care. ties (whether or not such entities are already re-
(6) $50,000,000 for necessary expenses to carry (b) DIRECT SUPPORT WORKER DEFINED.—The cipients of a grant or other agreement on the
out the long-term care ombudsman program term ‘‘direct support worker’’ has the meaning date of enactment of this Act) to support na-
under title VII of the OAA; given such term in section 22301. tional service programs described in paragraphs
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H6402 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(1)(A), (2)(A), (3)(A), and (5)(A) of subsection year 2022, out of any money in the Treasury not per full-time equivalent position’’ for ‘‘$18,000
(a), and subsection (b)(2), of section 122 of the otherwise appropriated, to the Corporation for per full-time equivalent position’’;
National and Community Service Act of 1990 National and Community Service, $6,915,000,000, (iii) section 140(a)(1) of the National and Com-
and national service programs carrying out ac- which shall be used for the purposes specified in munity Service Act of 1990 shall be applied by
tivities described in clauses (i), (ii), (iii), (v), paragraph (3). substituting ‘‘200 percent of the poverty line’’
(vi), and (vii) of paragraph (4)(B) of subsection (2) AVAILABILITY OF FUNDS.—Amounts appro- for ‘‘the average annual subsistence allowance
(a) of such section, to increase living allowances priated under paragraph (1) shall— provided to VISTA volunteers under section 105
and improve benefits of participants in such (A) be available until September 30, 2026, for of the Domestic Volunteer Service Act of 1973 (42
programs. national service programs described in para- U.S.C. 4955)’’; and
(2) REQUIREMENTS.—For the purposes of car- graphs (1)(A), (2)(A), (3)(A), and (5)(A) of sub- (iv) the Corporation shall waive the matching
rying out paragraph (1)— section (a), and subsection (b)(2), of section 122 requirement described in section 126(a)(2) of the
(A) the Corporation shall waive the require- of the National and Community Service Act of National and Community Service Act of 1990, in
ments described in section 121(e)(1) of the Na- 1990 and national service programs carrying out whole or in part, for a State Commission, if such
tional and Community Service Act of 1990, in activities described in clauses (i), (ii), (iii), (v), State Commission demonstrates need for such
whole or in part, if a recipient of a grant or (vi), and (vii) of paragraph (4)(B) of subsection waiver; and
other agreement for such a national service pro- (a) of such section; and (B) in implementing national service programs
gram demonstrates— (B) be available until September 30, 2029, for described in paragraph (3)(B)(iii) and funded by
(i) the recipient will serve underserved or low- National Civilian Community Corps programs the appropriations specified in paragraph (1)—
income communities, and a significant percent- (i) section 105(b)(2)(A) of the Domestic Volun-
authorized under section 152 of the National
age of participants in such program are low-in- teer Service Act of 1973 shall be applied by sub-
and Community Service Act of 1990 and Volun-
come individuals; and stituting ‘‘200 percent’’ for ‘‘95 percent’’; and
teers in Service to America programs authorized (ii) section 105(b)(2)(B) of the Domestic Volun-
(ii) without such waiver, the recipient cannot under section 102 of the Domestic Volunteer
meet the requirements of this section; teer Service Act of 1973 shall be applied by sub-
Service Act of 1973. stituting ‘‘210 percent’’ for ‘‘105 percent’’.
(B) section 189(a) of such Act shall be applied (3) USE OF FUNDS.—
by substituting ‘‘125 percent of the amount of (f) ADMINISTRATIVE COSTS.—
(A) IN GENERAL.—The Corporation shall use (1) IN GENERAL.—In addition to amounts oth-
the minimum living allowance of a full-time par- amounts appropriated under paragraph (1) to
ticipant per full-time equivalent position’’ for erwise available, there is appropriated for fiscal
fund programs described in subparagraph (B) to year 2022, out of any money in the Treasury not
‘‘$18,000 per full-time equivalent position’’; and carry out projects or activities described in sec-
(C) section 140(a)(1) of such Act shall be ap- otherwise appropriated, to the Corporation for
tion 122(a)(3)(B) of the National and Commu- National and Community Service, $1,010,400,000,
plied by substituting ‘‘200 percent of the poverty
nity Service Act of 1990. to remain available until September 30, 2029,
line’’ for ‘‘the average annual subsistence al- (B) PROGRAMS.—The programs described in
lowance provided to VISTA volunteers under which shall be used for Federal administrative
subparagraph (A) shall include— expenses to carry out programs and activities
section 105 of the Domestic Volunteer Service (i) national service programs described in
Act of 1973 (42 U.S.C. 4955)’’. funded under this section, including—
paragraphs (1)(A), (2)(A), (3)(A), and (5)(A) of (A) corrective actions to address recommenda-
(b) STATE COMMISSIONS.—
(1) IN GENERAL.—In addition to amounts oth- subsection (a), and subsection (b)(2), of section tions arising from audits of the financial state-
erwise available, there is appropriated for fiscal 122 of the National and Community Service Act ments of the Corporation and the National Serv-
year 2022, out of any money in the Treasury not of 1990 and national service programs carrying ice Trust, and, in consultation with the Inspec-
otherwise appropriated, to the Corporation for out activities described in clauses (i), (ii), (iii), tor General of the Corporation, the development
National and Community Service, $400,000,000, (v), (vi), and (vii) of paragraph (4)(B) of sub- of fraud prevention and detection controls and
to remain available until September 30, 2026, section (a) of such section; risk-based anti-fraud monitoring for grants and
(ii) National Civilian Community Corps pro- other financial assistance funded under this
which shall be used to make funding adjust-
grams authorized under section 152 of the Na- section; and
ments to existing (as of the date of enactment of
tional and Community Service Act of 1990; and (B) coordination of efforts and activities with
this Act) awards and make new awards to
(iii) Volunteers in Service to America pro- the Departments of Labor and Education to
States to establish or operate State Commissions
grams authorized under section 102 of the Do- support the national service programs funded
on National and Community Service.
(2) MATCH WAIVER.—For the purposes of car- mestic Volunteer Service Act of 1973. under subsections (a), (c), (d), and (e) in im-
rying out paragraph (1), the Corporation shall (C) TERMS.—In funding programs described in proving the readiness of participants to transi-
waive the matching requirement described in subparagraph (A), the Corporation shall en- tion to high-quality jobs or further education.
section 126(a)(2) of the National and Community sure— (2) FISCAL YEAR 2030 PROGRAM ADMINISTRA-
(i) awards are made to entities that serve, and TION.—In addition to amounts otherwise avail-
Service Act of 1990, in whole or in part, for a
have representation from, low-income commu- able, there is appropriated for fiscal year 2030,
State Commission, if such State Commission
nities or communities experiencing (or at risk of out of any money in the Treasury not otherwise
demonstrates need for such waiver.
(c) NATIONAL CIVILIAN COMMUNITY CORPS.— experiencing) adverse health and environmental appropriated, to the Corporation for National
In addition to amounts otherwise available, conditions; and Community Service, $79,800,000, to remain
there is appropriated for fiscal year 2022, out of (ii) such programs utilize culturally competent available until September 30, 2030, which shall
any money in the Treasury not otherwise appro- and multilingual strategies; be used, in fiscal year 2030, for Federal adminis-
priated, to the Corporation for National and (iii) projects carried out through such pro- trative expenses to carry out programs and ac-
Community Service, $80,000,000, to remain avail- grams are planned with community input, and tivities funded under this section.
able until September 30, 2029, which shall be implemented by diverse participants who are (3) PLAN.—In addition to amounts otherwise
used to increase the living allowance and bene- from communities being served by such pro- available, there is appropriated for fiscal year
fits of participants in the National Civilian grams; and 2022, out of any money in the Treasury not oth-
(iv) such programs provide participants with erwise appropriated, to the Corporation,
Community Corps authorized under section 152
workforce development opportunities, such as $300,000, to remain available until September 30,
of the National and Community Service Act of
pre-apprenticeships that articulate to registered 2023, which shall be used by the Chief Executive
1990.
(d) AMERICORPS VISTA.— apprenticeship programs, and pathways to post- Officer of the Corporation to—
(1) IN GENERAL.—In addition to amounts oth- service employment in high-quality jobs, includ- (A) develop, publish, and implement, not later
erwise available, there is appropriated for fiscal ing registered apprenticeships. than 180 days after the date of enactment of this
year 2022, out of any money in the Treasury not (4) REQUIREMENTS.—For the purposes of car- Act, a project, operations, and management
otherwise appropriated, to the Corporation for rying out paragraph (1)— plan for funds appropriated under this section;
National and Community Service, $600,000,000 to (A) in implementing national service programs and
remain available until September 30, 2029, which described in paragraph (3)(B)(i) and funded by (B) consult with the Secretary of Labor and
shall be used to increase the subsistence allow- the appropriations specified in paragraph (1)— the Inspector General of the Corporation in de-
ances and improve benefits of participants in (i) the Corporation shall waive the require- veloping the plan under subparagraph (A).
the Volunteers in Service to America program ments described in section 121(e)(1) of the Na- (4) OUTREACH.—In addition to amounts other-
authorized under section 102 of the Domestic tional and Community Service Act of 1990, in wise made available, there is appropriated for
Volunteer Service Act of 1973. whole or in part, if a recipient of a grant or fiscal year 2022, out of any money in the Treas-
(2) REQUIREMENT.—For purposes of carrying other agreement for the national service pro- ury not otherwise appropriated, to the Corpora-
out paragraph (1)— gram involved demonstrates— tion for National and Community Service,
(A) section 105(b)(2)(A) of the Domestic Volun- (I) the recipient will serve underserved or low- $49,500,000, to remain available until September
teer Service Act of 1973 shall be applied by sub- income communities, and a significant percent- 30, 2030, for outreach to and recruitment of
stituting ‘‘200 percent’’ for ‘‘95 percent’’; and age of participants in such program are low-in- members from communities traditionally under-
dlhill on DSK120RN23PROD with HOUSE
(B) section 105(b)(2)(B) of the Domestic Volun- come individuals; and represented in national service programs and
teer Service Act of 1973 shall be applied by sub- (II) without such waiver, the recipient cannot members of a community experiencing a signifi-
stituting ‘‘210 percent’’ for ‘‘105 percent’’. meet the requirements of this section; cant dislocation of workers, including energy
(e) NATIONAL SERVICE IN SUPPORT OF CLIMATE (ii) section 189(a) of the National and Commu- transition communities.
RESILIENCE AND MITIGATION.— nity Service Act of 1990 shall be applied by sub- (g) OFFICE OF INSPECTOR GENERAL.—In addi-
(1) IN GENERAL.—In addition to amounts oth- stituting ‘‘125 percent of the amount of the min- tion to amounts otherwise available, there is ap-
erwise available, there is appropriated for fiscal imum living allowance of a full-time participant propriated for fiscal year 2022, out of any money
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6403
in the Treasury not otherwise appropriated, to (A) IN GENERAL.—Notwithstanding section (1) carrying out activities described in section
the Corporation for National and Community 146(d) of the National and Community Service 171(c)(2) of the Workforce Innovation and Op-
Service, $75,000,000, to remain available until Act of 1990, relating to a period of time for use portunity Act; and
September 30, 2030, which shall be used for the of a national service educational award, or any (2) improving and expanding access to serv-
Office of Inspector General of the Corporation extensions to such time period granted under ices, stipends, wages, and benefits described in
for salaries and expenses necessary for oversight section 146(d)(2) of such Act, an individual eligi- subparagraphs (A)(vii) and (F) of section
and audit of programs and activities funded ble to receive a national service educational 171(c)(2) of such Act.
under this section. award for a term of service supported by funds (b) JOB CORPS.—
(h) NATIONAL SERVICE TRUST.— made available under subsection (e), or the indi- (1) IN GENERAL.—In addition to amounts oth-
(1) IN GENERAL.—In addition to amounts oth- vidual’s transferee, and an individual eligible to erwise available, there is appropriated to the
erwise available, there is appropriated for fiscal receive a supplemental educational award de- Department of Labor for fiscal year 2022, out of
year 2022, out of any money in the Treasury not scribed in paragraph (2) for a term of service, or any amounts in the Treasury not otherwise ap-
otherwise appropriated, to the National Service the individual’s transferee, shall not use, after propriated, $450,000,000, to remain available
Trust, $1,150,000,000, to remain available until September 30, 2030, the national service edu- until September 30, 2026, to support activities
September 30, 2030, for— cational award or supplemental educational aligned with high-quality employment opportu-
(A) administration of the National Service award for the term of service involved, and the nities in industry sectors or occupations related
Trust; and national service educational award and supple- to climate resilience or mitigation and aligned
(B) payment to the Trust for the provision of mental educational award shall be available for with the activities described in subsection (e)(3)
national service educational awards and inter- the lengths of time described in subparagraph of section 26001 by—
est expenses— (B). (A) providing funds to operators and service
(i) for participants, for a term of service sup- (B) LENGTHS OF TIME.—The lengths of time providers to—
ported by funds made available under sub- described in this subparagraph are as follows: (i) carry out the activities and services de-
section (e); and (i) For an individual who completes the term scribed in sections 148 and 149 of the Workforce
(ii) pursuant to section 145(a)(1)(A) of the Na- of service involved by September 30, 2023 or the Innovation and Opportunity Act; and
tional and Community Service Act of 1990. individual’s transferee, until the end of the 7- (ii) improve and expand access to allowances
(2) SUPPLEMENTAL EDUCATIONAL AWARDS.— year period beginning on that date. and services described in section 150 of such Act;
(A) APPROPRIATION.—In addition to amounts and
(ii) For an individual who completes such
otherwise available, there is appropriated for (B) notwithstanding section 158(c) of such
term of service by September 30, 2024 or the indi-
fiscal year 2022, out of any money in the Treas- Act, constructing, rehabilitating, and acquiring
vidual’s transferee, until the end of the 6-year
ury not otherwise appropriated, to the National Job Corps centers to support activities described
period beginning on that date.
Service Trust, $1,660,000,000, to remain available in subparagraph (A).
(iii) For an individual who completes such (2) ELIGIBILITY.—For the purposes of carrying
until September 30, 2030, for payment to the Na-
term of service by September 30, 2025 or the indi- out paragraph (1), an entity in a State or out-
tional Service Trust for the purpose of providing
vidual’s transferee, until the end of the 5-year lying area may be eligible to be selected as an
a supplemental national service educational
period beginning on that date. operator or service provider.
award to an individual eligible to receive a na-
(iv) For an individual who completes such (c) PRE-APPRENTICESHIP, AND REGISTERED AP-
tional service educational award pursuant to
term of service by September 30, 2026 or the indi- PRENTICESHIP PROGRAMS.—
section 146(a), and the individual’s transferee
vidual’s transferee, until the end of the 4-year (1) PRE-APPRENTICESHIP PROGRAMS.—In addi-
pursuant to section 148(f), of the National and
period beginning on that date. tion to amounts otherwise available, there is ap-
Community Service Act of 1990, for a term of
(v) For an individual who completes such term propriated to the Department of Labor for fiscal
service that began after the date of enactment of
of service by September 30, 2027 or the individ- year 2022, out of any amounts in the Treasury
this Act in a national service program (includ-
ual’s transferee, until the end of the 3-year pe- not otherwise appropriated, $1,000,000,000, to re-
ing a term of service supported by funds made
riod beginning on that date. main available until September 30, 2026, to carry
available under subsection (e)).
(B) AWARD AVAILABILITY.—The supplemental (vi) For an individual who completes such out activities through grants, cooperative agree-
educational award referred to in subparagraph term of service by September 30, 2028 or the indi- ments, contracts, or other arrangements, to cre-
(A) shall be available to an individual or their vidual’s transferee, until the end of the 2-year ate or expand pre-apprenticeship programs that
transferee described in subparagraph (A) in ac- period beginning on that date. articulate to registered apprenticeship programs,
cordance with the paragraph (3). (vii) For an individual who completes such are aligned with high-quality employment op-
(C) CALCULATION.—The amount of the supple- term of service by September 30, 2029 or the indi- portunities in industry sectors or occupations
mental educational award that shall be avail- vidual’s transferee, until the end of the 1-year related to climate resilience or mitigation, and
able to an individual or their transferee de- period beginning on that date. are aligned with the activities described in sub-
scribed in subparagraph (A) shall be calculated (i) LIMITATION.—The funds made available section (e)(3) of section 26001.
as follows: under this section are subject to the condition (2) PRE-APPRENTICESHIP PARTNERSHIPS.—In
(i) AMOUNT FOR FULL-TIME NATIONAL SERV- that the Corporation shall not— addition to amounts otherwise available, there
ICE.—For an individual who completes a re- (1) use such funds to make any transfer to the is appropriated to the Department of Labor for
quired term of full-time national service, or the National Service Trust for any use, or enter into fiscal year 2022, out of any amounts in the
individual’s transferee— any agreement involving such funds— Treasury not otherwise appropriated,
(I) in a case in which the award year for (A) that is for a term extending beyond Sep- $150,000,000, to remain available until September
which the national service position is approved tember 30, 2031; or 30, 2026, to support partnerships between enti-
by the Corporation is award year 2022-2023, 50 (B) for which or under which any payment ties carrying out pre-apprenticeship programs
percent of the maximum amount of a Federal could be outlaid after September 30, 2031; and that articulate to registered apprenticeship pro-
Pell Grant under section 401 of the Higher Edu- (2) use any other funds available to the Cor- grams and entities funded under subsection (e)
cation Act of 1965 that a student eligible for poration to liquidate obligations made under of section 26001 to ensure past and current par-
such Grant may receive in the aggregate for this section. ticipants in programs funded under subsection
such award year; and (j) DEFINITION.—For purposes of this section, (e)(1) of section 26001 have access to such pre-
(II) in a case in which the award year for the term ‘‘registered apprenticeship program’’ apprenticeship programs.
which the national service position is approved means an apprenticeship program registered (3) REGISTERED APPRENTICESHIP PROGRAMS.—
by the Corporation is award year 2023-2024 or a with the Office of Apprenticeship of the Em- In addition to amounts otherwise available,
subsequent award year, 50 percent of the total ployment and Training Administration of the there is appropriated to the Department of
maximum Federal Pell Grant under section 401 Department of Labor, or a State apprenticeship Labor for fiscal year 2022, out of any amounts
of the Higher Education Act of 1965 that a stu- agency recognized by the Office of Apprentice- in the Treasury not otherwise appropriated,
dent eligible for such Grant may receive in the ship, pursuant to the Act of August 16, 1937 $450,000,000, to remain available until September
aggregate for such award year. (commonly known as the ‘‘National Apprentice- 30, 2026, to carry out activities through grants,
(ii) AMOUNT FOR PART-TIME NATIONAL SERV- ship Act’’; 50 Stat. 664, chapter 663). cooperative agreements, contracts, or other ar-
ICE.—For an individual who completes a re- SEC. 26002. WORKFORCE DEVELOPMENT IN SUP- rangements, to create or expand registered ap-
quired term of part-time national service, or the PORT OF CLIMATE RESILIENCE AND prenticeship programs in climate-related non-
individual’s transferee, 50 percent of the amount MITIGATION. traditional apprenticeship occupations.
determined under clause (i). (a) YOUTHBUILD.—In addition to amounts (4) PARTICIPANTS WITH BARRIERS TO EMPLOY-
(iii) AMOUNT FOR PARTIAL COMPLETION OF NA- otherwise available, there is appropriated to the MENT AND NONTRADITIONAL APPRENTICESHIP
TIONAL SERVICE.—For an individual released Department of Labor for fiscal year 2022, out of POPULATIONS.—In addition to amounts other-
from completing the full-time or part-time term any amounts in the Treasury not otherwise ap- wise available, there is appropriated to the De-
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of service agreed to by the individuals, or the in- propriated, $450,000,000, to remain available partment of Labor for fiscal year 2022, out of
dividual’s transferee, the portion of the amount until September 30, 2026, to support activities any amounts in the Treasury not otherwise ap-
determined under clause (i) that corresponds to aligned with high-quality employment opportu- propriated, $350,000,000, to remain available
the portion of the term of service completed by nities in industry sectors or occupations related until September 30, 2026, for entities to carry out
the individual. to climate resilience or mitigation and aligned pre-apprenticeship programs described in para-
(3) PERIOD OF AVAILABILITY FOR NATIONAL with the activities described in subsection (e)(3) graph (1), and registered apprenticeship pro-
SERVICE EDUCATIONAL AWARDS.— of section 26001 by— gram described in paragraph (3), serving a high
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H6404 CONGRESSIONAL RECORD — HOUSE November 18, 2021
number or high percentage of individuals with (A) that aligns with the activities described in prevent a group health plan or health insurance
barriers to employment, including individuals subsection (e)(3) of section 26001; coverage from imposing cost-sharing other than
with disabilities, or nontraditional apprentice- (B) in an industry sector that trains less than the levels specified in subsection (a) on, insulin
ship populations. 10 percent of all civilian registered apprentices products that are not selected insulin products,
(d) REENTRY EMPLOYMENT OPPORTUNITIES as of the date of the enactment of this Act; and to the extent that such coverage is not otherwise
PROGRAM.—In addition to amounts otherwise (C) that is related to climate resilience or miti- required and such cost-sharing is otherwise per-
available, there is appropriated to the Depart- gation. mitted under Federal and applicable State law.
ment of Labor for fiscal year 2022, out of any (2) REGISTERED APPRENTICESHIP PROGRAM.— ‘‘(e) APPLICATION OF COST-SHARING TOWARDS
amounts in the Treasury not otherwise appro- The term ‘‘registered apprenticeship program’’ DEDUCTIBLES AND OUT-OF-POCKET MAXI-
priated, $1,000,000,000, to remain available until means an apprenticeship program registered MUMS.—Any cost-sharing payments made pur-
September 30, 2026, for the Reentry Employment with the Office of Apprenticeship of the Em- suant to subsection (a)(2) shall be counted to-
Opportunities program, which amount shall be ployment and Training Administration of the ward any deductible or out-of-pocket maximum
used to support activities aligned with high- Department of Labor, or a State apprenticeship that applies under the plan or coverage.’’.
quality employment opportunities in industry agency recognized by the Office of Apprentice- (b) CLERICAL AMENDMENT.—The table of con-
sectors or occupations related to climate resil- ship, pursuant to the Act of August 16, 1937 tents in section 1 of the Employee Retirement
ience or mitigation and aligned with the activi- (commonly known as the ‘‘National Apprentice- Income Security Act of 1974 (29 U.S.C. 1001 et
ties described in subsection (e)(3) of section ship Act’’; 50 Stat. 664, chapter 663). seq.) is amended by inserting after the item re-
26001. (3) WIOA DEFINITIONS.—The terms ‘‘commu- lating to section 725 the following:
(e) PAID YOUTH EMPLOYMENT OPPORTUNI- nity-based organization’’, ‘‘individual with a ‘‘Sec. 726. Requirements with respect to cost-
TIES.—In addition to amounts otherwise avail- barrier to employment’’, ‘‘in-school youth’’, sharing for certain insulin prod-
able, there is appropriated for fiscal year 2022, ‘‘outlying area’’, and ‘‘out-of-school youth’’ ucts.’’.
out of any money in the Treasury not otherwise have the meanings given such terms in para- SEC. 27002. OVERSIGHT OF PHARMACY BENEFIT
appropriated, to the Department of Labor, graphs (10), (24), (27), (45), and (46), respec- MANAGER SERVICES.
$350,000,000, to remain available until September tively, of section 3 of the Workforce Innovation (a) IN GENERAL.—Subtitle B of title I of the
30, 2026, to carry out activities through grants, and Opportunity Act. Employee Retirement Income Security Act of
contracts, or cooperative agreements, for the Subtitle H—Prescription Drug Coverage 1974 (29 U.S.C. 1021 et seq.) is amended—
purposes of providing in-school youth and out- Provisions (1) in subpart B of part 7 (29 U.S.C. 1185 et
of-school youth with paid work experiences au- SEC. 27001. REQUIREMENTS WITH RESPECT TO seq.), by adding at the end the following:
thorized under section 129(c)(2)(C) of the Work- COST-SHARING FOR CERTAIN INSU- ‘‘SEC. 727. OVERSIGHT OF PHARMACY BENEFIT
force Innovation and Opportunity Act, notwith- LIN PRODUCTS. MANAGER SERVICES.
standing section 194(10) of such Act, that are— (a) IN GENERAL.—Subpart B of part 7 of sub- ‘‘(a) IN GENERAL.—For plan years beginning
(1) carried out by public agencies or private title B of title I of the Employee Retirement In- on or after January 1, 2023, a group health plan
nonprofit entities, including community-based come Security Act of 1974 (29 U.S.C. 1185 et seq.) (or health insurance issuer offering group
organizations; is amended by adding at the end the following: health insurance coverage in connection with
(2) provided in conjunction with supportive ‘‘SEC. 726. REQUIREMENTS WITH RESPECT TO such a plan) or an entity or subsidiary pro-
services and other elements described in section COST-SHARING FOR CERTAIN INSU- viding pharmacy benefits management services
129(c)(2) of such Act; LIN PRODUCTS. on behalf of such a plan or issuer shall not
(3) aligned with the activities described in ‘‘(a) IN GENERAL.—For plan years beginning enter into a contract with a drug manufacturer,
subsection (e)(3) of section 26001; and on or after January 1, 2023, a group health plan distributor, wholesaler, subcontractor, rebate
(4) designed to prepare participants for— or health insurance issuer offering group health aggregator, or any associated third party that
(A) high-quality, unsubsidized employment insurance coverage shall provide coverage of se- limits the disclosure of information to plan
opportunities in industry sectors or occupations lected insulin products, and with respect to such sponsors in such a manner that prevents the
related to climate resilience or mitigation; products, shall not— plan or issuer, or an entity or subsidiary pro-
(B) enrollment in an institution of higher edu- ‘‘(1) apply any deductible; or viding pharmacy benefits management services
cation (as defined in section 101 or 102(c) of the ‘‘(2) impose any cost-sharing in excess of the on behalf of a plan or issuer, from making the
Higher Education Act of 1965); and lesser of, per 30-day supply— reports described in subsection (b).
(C) registered apprenticeship programs. ‘‘(A) $35; or ‘‘(b) REPORTS.—
(f) DEPARTMENT OF LABOR INSPECTOR GEN- ‘‘(B) the amount equal to 25 percent of the ne- ‘‘(1) IN GENERAL.—For plan years beginning
ERAL.—In addition to amounts otherwise avail- gotiated price of the selected insulin product net on or after January 1, 2023, not less frequently
able, there is appropriated to the Office of In- of all price concessions received by or on behalf than once every 6 months, a health insurance
spector General of the Department of Labor for of the plan or coverage, including price conces- issuer offering group health insurance coverage
fiscal year 2022, out of any money in the Treas- sions received by or on behalf of third-party en- or an entity providing pharmacy benefits man-
ury not otherwise appropriated, $10,000,000, to tities providing services to the plan or coverage, agement services on behalf of a group health
remain available until expended, for salaries such as pharmacy benefit management services. plan or an issuer providing group health insur-
and expenses necessary for oversight, investiga- ‘‘(b) DEFINITIONS.—In this section: ance coverage shall submit to the plan sponsor
tions, and audits of programs, grants, and ‘‘(1) SELECTED INSULIN PRODUCTS.—The term (as defined in section 3(16)(B)) of such group
projects of the Department of Labor funded ‘selected insulin products’ means at least one of health plan or group health insurance coverage
under this section. each dosage form (such as vial, pump, or inhaler a report in accordance with this subsection and
(g) ADMINISTRATION.— dosage forms) of each different type (such as make such report available to the plan sponsor
(1) IN GENERAL.—In addition to amounts oth- rapid-acting, short-acting, intermediate-acting, in a machine-readable format. Each such report
erwise available, there is appropriated to the long-acting, ultra long-acting, and premixed) of shall include, with respect to the applicable
Department of Labor for fiscal year 2022, out of insulin (as defined below), when available, as group health plan or health insurance cov-
any money in the Treasury not otherwise appro- selected by the group health plan or health in- erage—
priated, $69,800,000, to remain available until surance issuer. ‘‘(A) as applicable, information collected from
September 30, 2029, for program administration ‘‘(2) INSULIN DEFINED.—The term ‘insulin’ drug manufacturers by such issuer or entity on
within the Department of Labor for salaries and means insulin that is licensed under subsection the total amount of copayment assistance dol-
expenses necessary to implement this section. (a) or (k) of section 351 of the Public Health lars paid, or copayment cards applied, that were
(2) PLAN.—In addition to amounts otherwise Service Act (42 U.S.C. 262) and continues to be funded by the drug manufacturer with respect
available, there is appropriated for fiscal year marketed under such section, including any in- to the participants and beneficiaries in such
2022, out of any money in the Treasury not oth- sulin product that has been deemed to be li- plan or coverage;
erwise appropriated, to the Department of censed under section 351(a) of such Act pursu- ‘‘(B) a list of each drug covered by such plan,
Labor, $200,000, to remain available until Sep- ant to section 7002(e)(4) of the Biologics Price issuer, or entity providing pharmacy benefit
tember 30, 2023, which shall be used by the Sec- Competition and Innovation Act of 2009 (Public management services that was dispensed during
retary to— Law 111–148) and continues to be marketed pur- the reporting period, including, with respect to
(A) develop, publish, and implement, not later suant to such licensure. each such drug during the reporting period—
than 180 days after the date of enactment of this ‘‘(c) OUT-OF-NETWORK PROVIDERS.—Nothing ‘‘(i) the brand name, chemical entity, and Na-
Act, a project, operations, and management in this section requires a plan or issuer that has tional Drug Code;
plan for funds appropriated under this section; a network of providers to provide benefits for se- ‘‘(ii) the number of participants and bene-
and lected insulin products described in this section ficiaries for whom the drug was filled during the
(B) consult with the Chief Executive Officer of that are delivered by an out-of-network pro- plan year, the total number of prescription fills
the Corporation for National and Community vider, or precludes a plan or issuer that has a for the drug (including original prescriptions
dlhill on DSK120RN23PROD with HOUSE
Service in developing the plan under subpara- network of providers from imposing higher cost- and refills), and the total number of dosage
graph (A). sharing than the levels specified in subsection units of the drug dispensed across the plan
(h) DEFINITION.—For purposes of this section: (a) for selected insulin products described in this year, including whether the dispensing channel
(1) CLIMATE-RELATED NONTRADITIONAL AP- section that are delivered by an out-of-network was by retail, mail order, or specialty pharmacy;
PRENTICESHIP OCCUPATION.—The term ‘‘climate- provider. ‘‘(iii) the wholesale acquisition cost, listed as
related nontraditional apprenticeship occupa- ‘‘(d) RULE OF CONSTRUCTION.—Subsection (a) cost per days supply and cost per pill, or in the
tion’’ means an apprenticeable occupation— shall not be construed to require coverage of, or case of a drug in another form, per dose;
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6405
‘‘(iv) the total out-of-pocket spending by par- fits management services on behalf of a group of time for compliance with a requirement of
ticipants and beneficiaries on such drug, includ- health plan shall provide information under this section, for an entity in violation of this
ing participant and beneficiary spending paragraph (1) in a manner consistent with the section that has made a good-faith effort to
through copayments, coinsurance, and privacy, security, and breach notification regu- comply with this section.
deductibles; and lations promulgated under section 264(c) of the ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this
‘‘(v) for any drug for which gross spending of Health Insurance Portability and Account- section shall be construed to permit a health in-
the group health plan or health insurance cov- ability Act of 1996, and shall restrict the use and surance issuer, group health plan, or other enti-
erage exceeded $10,000 during the reporting pe- disclosure of such information according to such ty to restrict disclosure to, or otherwise limit the
riod— privacy regulations. access of, the Department of Labor to a report
‘‘(I) a list of all other drugs in the same thera- ‘‘(3) DISCLOSURE AND REDISCLOSURE.— described in subsection (b)(1) or information re-
peutic category or class, including brand name ‘‘(A) LIMITATION TO BUSINESS ASSOCIATES.—A lated to compliance with subsection (a) by such
drugs and biological products and generic drugs group health plan receiving a report under issuer, plan, or entity.
or biosimilar biological products that are in the paragraph (1) may disclose such information ‘‘(e) DEFINITION.—In this section, the term
same therapeutic category or class as such drug; only to business associates of such plan as de- ‘wholesale acquisition cost’ has the meaning
and fined in section 160.103 of title 45, Code of Fed- given such term in section 1847A(c)(6)(B) of the
‘‘(II) the rationale for preferred formulary eral Regulations (or successor regulations). Social Security Act.’’; and
placement of such drug in that therapeutic cat- ‘‘(B) CLARIFICATION REGARDING PUBLIC DIS- (2) in section 502(b)(3) (29 U.S.C. 1132(b)(3)),
egory or class; CLOSURE OF INFORMATION.—Nothing in this sec- by inserting ‘‘(other than section 727)’’ after
‘‘(C) a list of each therapeutic category or tion prevents a health insurance issuer offering ‘‘part 7’’.
class of drugs that were dispensed under the group health insurance coverage or an entity (b) CLERICAL AMENDMENT.—The table of con-
health plan or health insurance coverage during providing pharmacy benefits management serv- tents in section 1 of the Employee Retirement
the reporting period, and, with respect to each ices on behalf of a group health plan from plac- Income Security Act of 1974 (29 U.S.C. 1001 et
such therapeutic category or class of drugs, dur- ing reasonable restrictions on the public disclo- seq.) is amended by inserting after the item re-
ing the reporting period— sure of the information contained in a report de- lating to section 726 the following new item:
‘‘(i) total gross spending by the plan, before scribed in paragraph (1), except that such issuer ‘‘Sec. 727. Oversight of pharmacy benefit man-
manufacturer rebates, fees, or other manufac- or entity may not restrict disclosure of such re- ager services.’’.
turer remuneration; port to the Department of Health and Human TITLE III—COMMITTEE ON ENERGY AND
‘‘(ii) the number of participants and bene- Services, the Department of Labor, or the De- COMMERCE
ficiaries who filled a prescription for a drug in partment of the Treasury.
that category or class; ‘‘(C) LIMITED FORM OF REPORT.—The Sec- Subtitle A—Air Pollution
‘‘(iii) if applicable to that category or class, a retary shall define through rulemaking a limited SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.
description of the formulary tiers and utilization form of the report under paragraph (1) required The Clean Air Act is amended by inserting
mechanisms (such as prior authorization or step of plan sponsors who are drug manufacturers, after section 131 of such Act (42 U.S.C. 7431) the
therapy) employed for drugs in that category or drug wholesalers, or other direct participants in following:
class; the drug supply chain, in order to prevent anti- ‘‘SEC. 132. CLEAN HEAVY-DUTY VEHICLES.
‘‘(iv) the total out-of-pocket spending by par- competitive behavior. ‘‘(a) APPROPRIATIONS.—
ticipants and beneficiaries, including partici- ‘‘(4) REPORT TO GAO.—A health insurance ‘‘(1) IN GENERAL.—In addition to amounts oth-
pant and beneficiary spending through copay- issuer offering group health insurance coverage erwise available, there is appropriated to the
ments, coinsurance, and deductibles; and or an entity providing pharmacy benefits man- Administrator for fiscal year 2022, out of any
‘‘(v) for each therapeutic category or class agement services on behalf of a group health money in the Treasury not otherwise appro-
under which 3 or more drugs are included on plan shall submit to the Comptroller General of priated, $3,000,000,000, to remain available until
the formulary of such plan or coverage— the United States each of the first 4 reports sub- September 30, 2031, to carry out this section.
‘‘(I) the amount received, or expected to be re- mitted to a plan sponsor under paragraph (1) ‘‘(2) NONATTAINMENT AREAS.—In addition to
ceived, from drug manufacturers in rebates, with respect to such coverage or plan, and other amounts otherwise available, there is appro-
fees, alternative discounts, or other remunera- such reports as requested, in accordance with priated to the Administrator for fiscal year 2022,
tion— the privacy requirements under paragraph (2) out of any money in the Treasury not otherwise
‘‘(aa) to be paid by drug manufacturers for and the disclosure and redisclosure standards appropriated, $2,000,000,000, to remain available
claims incurred during the reporting period; or under paragraph (3), and such other informa- until September 30, 2031, to make awards under
‘‘(bb) that is related to utilization of drugs, in tion that the Comptroller General determines this section to eligible recipients and to eligible
such therapeutic category or class; necessary to carry out the study under section contractors that propose to replace eligible vehi-
‘‘(II) the total net spending, after deducting 30606(b) of the Act entitled ‘An Act to provide cles to serve 1 or more communities located in an
rebates, price concessions, alternative discounts for reconciliation pursuant to title II of S. Con. air quality area designated pursuant to section
or other remuneration from drug manufacturers, Res. 14’. 107 as nonattainment for any air pollutant.
by the health plan or health insurance coverage ‘‘(c) ENFORCEMENT.— ‘‘(3) RESERVATION.—Of the funds appro-
on that category or class of drugs; and ‘‘(1) IN GENERAL.—The Secretary, in consulta- priated by paragraph (1), the Administrator
‘‘(III) the net price per course of treatment or tion with the Secretary of Health and Human shall reserve 3 percent for administrative costs
single fill, such as a 30-day supply or 90-day Services and the Secretary of the Treasury, necessary to carry out this section.
supply, incurred by the health plan or health shall enforce this section. ‘‘(b) PROGRAM.—Beginning not later than 180
insurance coverage and its participants and ‘‘(2) FAILURE TO PROVIDE TIMELY INFORMA- days after the date of enactment of this section,
beneficiaries, after manufacturer rebates, fees, TION.—A health insurance issuer or an entity the Administrator shall implement a program to
and other remuneration for drugs dispensed providing pharmacy benefit management serv- make awards of grants and rebates to eligible re-
within such therapeutic category or class during ices that violates subsection (a) or fails to pro- cipients, and to make awards of contracts to eli-
the reporting period; vide information required under subsection (b), gible contractors for providing rebates, for up to
‘‘(D) total gross spending on prescription or a drug manufacturer that fails to provide in- 100 percent of costs for—
drugs by the plan or coverage during the report- formation under subsection (b)(1)(A) in a timely ‘‘(1) replacing eligible vehicles with zero-emis-
ing period, before rebates and other manufac- manner, shall be subject to a civil monetary pen- sion vehicles;
turer fees or remuneration; alty in the amount of $10,000 for each day dur- ‘‘(2) purchasing, installing, operating, and
‘‘(E) total amount received, or expected to be ing which such violation continues or such in- maintaining infrastructure needed to charge,
received, by the health plan or health insurance formation is not disclosed or reported. fuel, or maintain zero-emission vehicles;
coverage in drug manufacturer rebates, fees, al- ‘‘(3) FALSE INFORMATION.—A health insurance ‘‘(3) workforce development and training to
ternative discounts, and all other remuneration issuer, entity providing pharmacy benefit man- support the maintenance, charging, fueling, and
received from the manufacturer or any third agement services, or drug manufacturer that operation of zero-emission vehicles; and
party, other than the plan sponsor, related to knowingly provides false information under this ‘‘(4) planning and technical activities to sup-
utilization of drug or drug spending under that section shall be subject to a civil money penalty port the adoption and deployment of zero-emis-
health plan or health insurance coverage during in an amount not to exceed $100,000 for each sion vehicles.
the reporting period; item of false information. Such civil money pen- ‘‘(c) APPLICATIONS.—To seek an award under
‘‘(F) the total net spending on prescription alty shall be in addition to other penalties as this section, an eligible recipient or eligible con-
drugs by the health plan or health insurance may be prescribed by law. tractor shall submit to the Administrator an ap-
coverage during the reporting period; and ‘‘(4) PROCEDURE.—The provisions of section plication at such time, in such manner, and
‘‘(G) amounts paid directly or indirectly in re- 1128A of the Social Security Act, other than sub- containing such information as the Adminis-
bates, fees, or any other type of remuneration to section (a) and (b) and the first sentence of sub- trator shall prescribe.
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brokers, consultants, advisors, or any other in- section (c)(1) of such section shall apply to civil ‘‘(d) DEFINITIONS.—For purposes of this sec-
dividual or firm who referred the group health monetary penalties under this subsection in the tion:
plan’s or health insurance issuer’s business to same manner as such provisions apply to a pen- ‘‘(1) ELIGIBLE CONTRACTOR.—The term ‘eligi-
the pharmacy benefit manager. alty or proceeding under section 1128A of the ble contractor’ means a contractor that has the
‘‘(2) PRIVACY REQUIREMENTS.—Health insur- Social Security Act. capacity—
ance issuers offering group health insurance ‘‘(5) WAIVERS.—The Secretary may waive pen- ‘‘(A) to sell zero-emission vehicles, or charging
coverage and entities providing pharmacy bene- alties under paragraph (2), or extend the period or other equipment needed to charge, fuel, or
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H6406 CONGRESSIONAL RECORD — HOUSE November 18, 2021
maintain zero-emission vehicles, to individuals ‘‘(A) establishes goals, implementation strate- this section, to eligible recipients for the pur-
or entities that own an eligible vehicle; or gies, and accounting and inventory practices poses of providing financial assistance and tech-
‘‘(B) to arrange financing for such a sale. (including practices used to measure progress to- nical assistance in accordance with subsection
‘‘(2) ELIGIBLE RECIPIENT.—The term ‘eligible ward stated goals) to reduce emissions at one or (b).
recipient’ means— more ports of— ‘‘(4) LOW-INCOME AND DISADVANTAGED COM-
‘‘(A) a State; ‘‘(i) greenhouse gases; MUNITIES.—In addition to amounts otherwise
‘‘(B) a municipality; ‘‘(ii) an air pollutant that is listed pursuant to available, there is appropriated to the Adminis-
‘‘(C) an Indian tribe; or section 108(a) (or any precursor to such an air trator for fiscal year 2022, out of any money in
‘‘(D) a nonprofit school transportation asso- pollutant); and the Treasury not otherwise appropriated,
ciation. ‘‘(iii) hazardous air pollutants; $8,000,000,000, to remain available until Sep-
‘‘(3) ELIGIBLE VEHICLE.—The term ‘eligible ve- ‘‘(B) includes a strategy to collaborate with, tember 30, 2024, to make grants, on a competitive
hicle’ means a Class 6 or Class 7 heavy-duty ve- communicate with, and address potential effects basis and beginning not later than 180 calendar
hicle as defined in section 1037.801 of title 40, on stakeholders that may be affected by imple- days after the date of enactment of this section,
Code of Federal Regulations (as in effect on the mentation of the plan, including low-income to eligible recipients for the purposes of pro-
date of enactment of this section). and disadvantaged near-port communities; and viding financial assistance and technical assist-
‘‘(4) ZERO-EMISSION VEHICLE.—The term ‘zero- ‘‘(C) describes how an eligible recipient has ance in low-income and disadvantaged commu-
emission vehicle’ means a vehicle that has a implemented or will implement measures to in- nities in accordance with subsection (b).
drivetrain that produces, under any possible crease the resilience of the one or more ports in- ‘‘(5) ADMINISTRATIVE COSTS.—In addition to
operational mode or condition, zero exhaust volved, including measures related to with- amounts otherwise available, there is appro-
emissions of— standing and recovering from extreme weather priated to the Administrator for fiscal year 2022,
‘‘(A) any air pollutant that is listed pursuant events. out of any money in the Treasury not otherwise
to section 108(a) (or any precursor to such an ‘‘(3) ZERO-EMISSION PORT EQUIPMENT OR TECH- appropriated, $30,000,000, to remain available
air pollutant); and NOLOGY.—The term ‘zero-emission port equip- until September 30, 2031, for the administrative
‘‘(B) any greenhouse gas.’’. ment or technology’ means human-operated costs necessary to carry out activities under this
SEC. 30102. GRANTS TO REDUCE AIR POLLUTION equipment or human-maintained technology section.
AT PORTS. that— ‘‘(b) USE OF FUNDS.—An eligible recipient that
The Clean Air Act is amended by inserting ‘‘(A) produces zero emissions of any air pol- receives a grant pursuant to subsection (a) shall
after section 132 of such Act, as added by sec- lutant that is listed pursuant to section 108(a) use the grant in accordance with the following:
tion 30101 of this Act, the following: (or any precursor to such an air pollutant) and ‘‘(1) DIRECT INVESTMENT.—The eligible recipi-
‘‘SEC. 133. GRANTS TO REDUCE AIR POLLUTION any greenhouse gas other than water vapor; or ent shall—
AT PORTS. ‘‘(B) captures 100 percent of the emissions de- ‘‘(A) use a broad range of finance and invest-
‘‘(a) APPROPRIATIONS.— scribed in subparagraph (A) that are produced ment tools to provide financial assistance to
‘‘(1) GENERAL ASSISTANCE.—In addition to by an ocean-going vessel at berth.’’. qualified projects at the national, regional,
amounts otherwise available, there is appro- SEC. 30103. GREENHOUSE GAS REDUCTION FUND. State, and local levels, including, as applicable,
priated to the Administrator for fiscal year 2022, The Clean Air Act is amended by inserting through both concessionary and market rate fi-
out of any money in the Treasury not otherwise after section 133 of such Act, as added by sec- nancing;
appropriated, $2,625,000,000, to remain available tion 30102 of this Act, the following: ‘‘(B) prioritize investment in qualified projects
until September 30, 2027, to award rebates and that would otherwise lack access to financing;
‘‘SEC. 134. GREENHOUSE GAS REDUCTION FUND.
grants to eligible recipients on a competitive ‘‘(C) retain, manage, recycle, and monetize all
basis— ‘‘(a) APPROPRIATIONS.—
repayments and other revenue received from
‘‘(A) to purchase or install zero-emission port ‘‘(1) ZERO-EMISSION TECHNOLOGIES.—In addi-
fees, interest, repaid loans, and all other types
equipment or technology for use at, or to di- tion to amounts otherwise available, there is ap-
of financial assistance provided using grant
rectly serve, one or more ports; propriated to the Administrator for fiscal year
funds under this section to ensure continued
‘‘(B) to conduct any relevant planning or per- 2022, out of any money in the Treasury not oth-
operability; and
mitting in connection with the purchase or in- erwise appropriated, $7,000,000,000, to remain ‘‘(D) meet any requirements set forth by the
stallation of such zero-emission port equipment available until September 30, 2024, to make Administrator to ensure accountability and
or technology; and grants, on a competitive basis and beginning not proper management of funds appropriated by
‘‘(C) to develop qualified climate action plans. later than 180 calendar days after the date of this section.
‘‘(2) NONATTAINMENT AREAS.—In addition to enactment of this section, to States, municipali- ‘‘(2) INDIRECT INVESTMENT.—The eligible re-
amounts otherwise available, there is appro- ties, Tribal governments, and eligible recipients cipient shall provide funding and technical as-
priated to the Administrator for fiscal year 2022, for the purposes of providing grants, loans, or sistance to establish new or support existing
out of any money in the Treasury not otherwise other forms of financial assistance, as well as public, quasi-public, or nonprofit entities that
appropriated, $875,000,000, to remain available technical assistance, to enable low-income and provide financial assistance to qualified projects
until September 30, 2027, to award rebates and disadvantaged communities to deploy or benefit at the State, local, territorial, or Tribal level or
grants to eligible recipients to carry out activi- from zero-emission technologies, including dis- in the District of Columbia, including
ties described in paragraph (1) with respect to tributed technologies on residential rooftops, community- and low-income-focused lenders
ports located in air quality areas designated and to carry out other greenhouse gas emission and capital providers.
pursuant to section 107 as nonattainment for an reduction activities, as determined appropriate ‘‘(c) DEFINITIONS.—In this section:
air pollutant. by the Administrator in accordance with this ‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible
‘‘(b) LIMITATION.—Funds awarded under this section. recipient’ means a nonprofit organization that—
section shall not be used by any recipient or ‘‘(2) ZERO-EMISSION VEHICLE SUPPLY EQUIP- ‘‘(A) is designed to provide capital, including
subrecipient to purchase or install zero-emission MENT.—In addition to amounts otherwise avail- by leveraging private capital, and other forms of
port equipment or technology that will not be lo- able, there is appropriated to the Administrator financial assistance for the rapid deployment of
cated at, or directly serve, the one or more ports for fiscal year 2022, out of any money in the low- and zero-emission products, technologies,
involved. Treasury not otherwise appropriated, and services;
‘‘(c) ADMINISTRATION OF FUNDS.—Of the $2,000,000,000, to remain available until Sep- ‘‘(B) does not take deposits other than depos-
funds made available by this section, the Ad- tember 30, 2024, to make grants, on a competitive its from repayments and other revenue received
ministrator shall reserve 2 percent for adminis- basis and beginning not later than 180 calendar from financial assistance provided using grant
trative costs necessary to carry out this section. days after the date of enactment of this section, funds under this section;
‘‘(d) DEFINITIONS.—In this section: to States, municipalities, Tribal governments, ‘‘(C) is funded by public or charitable con-
‘‘(1) ELIGIBLE RECIPIENT.—The term ‘eligible and eligible recipients to support the purchase, tributions; and
recipient’ means— installation, or operation of publicly available ‘‘(D) invests in or finances projects alone or in
‘‘(A) a port authority; equipment to charge or fuel light-duty zero- conjunction with other investors.
‘‘(B) a State, regional, local, or Tribal agency emission vehicles, including in low-income and ‘‘(2) QUALIFIED PROJECT.—The term ‘qualified
that has jurisdiction over a port authority or a disadvantaged communities, through grants, re- project’ includes any project, activity, or tech-
port; bates, or other forms of financial assistance, nology that—
‘‘(C) an air pollution control agency; or and to carry out related greenhouse gas emis- ‘‘(A) reduces or avoids greenhouse gas emis-
‘‘(D) a private entity (including a nonprofit sion reduction activities, as determined appro- sions and other forms of air pollution in part-
organization) that— priate by the Administrator in accordance with nership with, and by leveraging investment
‘‘(i) applies for a grant under this section in this section. from, the private sector; or
partnership with an entity described in any of ‘‘(3) GENERAL ASSISTANCE.—In addition to ‘‘(B) assists communities in the efforts of those
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subparagraphs (A) through (C); and amounts otherwise available, there is appro- communities to reduce or avoid greenhouse gas
‘‘(ii) owns, operates, or uses the facilities, priated to the Administrator for fiscal year 2022, emissions and other forms of air pollution.
cargo-handling equipment, transportation out of any money in the Treasury not otherwise ‘‘(3) PUBLICLY AVAILABLE EQUIPMENT.—The
equipment, or related technology of a port. appropriated, $11,970,000,000, to remain avail- term ‘publicly available equipment’ means
‘‘(2) QUALIFIED CLIMATE ACTION PLAN.—The able until September 30, 2024, to make grants, on equipment that—
term ‘qualified climate action plan’ means a de- a competitive basis and beginning not later than ‘‘(A) is located at a multi-unit housing struc-
tailed and strategic plan that— 180 calendar days after the date of enactment of ture;
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6407
‘‘(B) is located at a workplace and is available the Treasury not otherwise appropriated, out of any money in the Treasury not otherwise
to employees of such workplace or employees of $117,500,000, to remain available until September appropriated, $5,000,000, to remain available
a nearby workplace; or 30, 2031, for grants and other activities author- until September 30, 2031, to provide grants to
‘‘(C) is at a location that is publicly accessible ized under subsections (a) through (c) of section States to adopt and implement greenhouse gas
for a minimum of 12 hours per day at least 5 103 and section 105 of the Clean Air Act (42 and zero-emission standards for mobile sources
days per week and networked or otherwise ca- U.S.C. 7403(a)–(c), 7405) to deploy, integrate, pursuant to section 177 of the Clean Air Act (42
pable of being monitored remotely. support, and maintain fenceline air monitoring, U.S.C. 7507).
‘‘(4) ZERO-EMISSION TECHNOLOGY.—The term screening air monitoring, national air toxics (b) ADMINISTRATION OF FUNDS.—Of the funds
‘zero-emission technology’ means any tech- trend stations, and other air toxics and commu- made available pursuant to paragraphs (1), (2),
nology that produces zero emissions of— nity monitoring. (5) and (6) of subsection (a), the Administrator
‘‘(A) any air pollutant that is listed pursuant (2) MULTIPOLLUTANT MONITORING STATIONS.— of the Environmental Protection Agency shall
to section 108(a) (or any precursor to such an In addition to amounts otherwise available, reserve 5 percent for activities funded pursuant
air pollutant); and there is appropriated to the Administrator of the to such subsection other than grants.
‘‘(B) any greenhouse gas. Environmental Protection Agency for fiscal year SEC. 30107. FUNDING TO ADDRESS AIR POLLU-
‘‘(5) ZERO-EMISSION VEHICLE.—The term ‘zero- 2022, out of any money in the Treasury not oth- TION AT SCHOOLS.
emission vehicle’ means a vehicle that has a erwise appropriated, $50,000,000, to remain (a) IN GENERAL.—In addition to amounts oth-
drivetrain that produces, under any possible available until September 30, 2031, for grants erwise available, there is appropriated to the
operational mode or condition, zero exhaust and other activities authorized under sub- Administrator of the Environmental Protection
emissions of— sections (a) through (c) of section 103 and sec- Agency for fiscal year 2022, out of any money in
‘‘(A) any air pollutant that is listed pursuant tion 105 of the Clean Air Act (42 U.S.C. 7403(a)– the Treasury not otherwise appropriated,
to section 108(a) (or any precursor to such an (c), 7405)— $37,500,000, to remain available until September
air pollutant); and (A) to expand the national ambient air quality 30, 2031, for grants and other activities to mon-
‘‘(B) any greenhouse gas.’’. monitoring network with new multipollutant itor and reduce air pollution and greenhouse
SEC. 30104. COLLABORATIVE COMMUNITY WILD- monitoring stations; and gas emissions at schools in low-income and dis-
FIRE AIR GRANTS. (B) to replace, repair, operate, and maintain advantaged communities under subsections (a)
(a) IN GENERAL.—In addition to amounts oth- existing monitors. through (c) of section 103 of the Clean Air Act
erwise available, there is appropriated to the (3) AIR QUALITY SENSORS IN LOW-INCOME AND (42 U.S.C. 7403(a)–(c)) and section 105 of that
Administrator of the Environmental Protection DISADVANTAGED COMMUNITIES.—In addition to
Act (42 U.S.C. 7405).
Agency for fiscal year 2022, out of any money in amounts otherwise available, there is appro- (b) TECHNICAL ASSISTANCE.—In addition to
the Treasury not otherwise appropriated, priated to the Administrator of the Environ- amounts otherwise available, there is appro-
$150,000,000, to remain available until September mental Protection Agency for fiscal year 2022, priated to the Administrator of the Environ-
30, 2031, for grants authorized under subsections out of any money in the Treasury not otherwise mental Protection Agency for fiscal year 2022,
(a) through (c) of section 103 of the Clean Air appropriated, $3,000,000, to remain available out of any money in the Treasury not otherwise
Act (42 U.S.C. 7403(a)–(c)) to assist eligible enti- until September 30, 2031, for grants and other appropriated, $12,500,000, to remain available
ties in developing and implementing collabo- activities authorized under subsections (a) until September 30, 2031, for providing technical
rative community plans to prepare for smoke through (c) of section 103 and section 105 of the assistance to schools in low-income and dis-
from wildfires, reduce risks of smoke exposure Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) to de- advantaged communities under subsections (a)
due to wildfires, and mitigate the health and en- ploy, integrate, and operate air quality sensors through (c) of section 103 of the Clean Air Act
vironmental effects of smoke from wildfires. in low-income and disadvantaged communities. (42 U.S.C. 7403(a)–(c)) and section 105 of that
(4) EMISSIONS FROM WOOD HEATERS.—In addi-
(b) TECHNICAL ASSISTANCE.—The Adminis- Act (42 U.S.C. 7405)—
trator of the Environmental Protection Agency tion to amounts otherwise available, there is ap-
(1) to address environmental issues;
may use amounts made available under sub- propriated to the Administrator of the Environ-
(2) to develop school environmental quality
section (a) to provide technical assistance to mental Protection Agency for fiscal year 2022,
plans that include standards for school build-
any eligible entity in— out of any money in the Treasury not otherwise
ing, design, construction, and renovation; and
(1) submitting an application for a grant to be appropriated, $15,000,000, to remain available
(3) to identify and mitigate ongoing air pollu-
made pursuant to this section; or until September 30, 2031, for grants and other
tion hazards.
(2) carrying out a project using a grant made activities authorized under subsections (a)
SEC. 30108. LOW EMISSIONS ELECTRICITY PRO-
pursuant to this section. through (c) of section 103 and section 105 of the
GRAM.
(c) ADMINISTRATIVE COSTS.—Of the amounts Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) for
testing and other agency activities to address The Clean Air Act is amended by inserting
made available under subsection (a), the Admin- after section 134 of such Act, as added by sec-
istrator of the Environmental Protection Agency emissions from wood heaters.
(5) METHANE MONITORING.—In addition to tion 30103 of this Act, the following:
shall reserve 5 percent for administrative costs ‘‘SEC. 135. LOW EMISSIONS ELECTRICITY PRO-
amounts otherwise available, there is appro-
to carry out this section. GRAM.
priated to the Administrator of the Environ-
(d) ELIGIBLE ENTITIES.—In this section, the ‘‘(a) APPROPRIATION.—In addition to amounts
mental Protection Agency for fiscal year 2022,
term ‘‘eligible entity’’ means a State, an air pol- otherwise available, there is appropriated to the
out of any money in the Treasury not otherwise
lution control agency, a municipality, or an In- Administrator for fiscal year 2022, out of any
appropriated, $20,000,000, to remain available
dian tribe (as such terms are defined in section money in the Treasury not otherwise appro-
until September 30, 2031, for grants and other
302 of the Clean Air Act (42 U.S.C. 7602)). priated, to remain available until September 30,
activities authorized under subsections (a)
SEC. 30105. DIESEL EMISSIONS REDUCTIONS. 2031—
through (c) of section 103 and section 105 of the
(a) GOODS MOVEMENT.—In addition to Clean Air Act (42 U.S.C. 7403(a)–(c), 7405) for ‘‘(1) $17,000,000 for consumer-related edu-
amounts otherwise available, there is appro- monitoring emissions of methane. cation and partnerships with respect to reduc-
priated to the Administrator of the Environ- (6) CLEAN AIR ACT GRANTS.—In addition to tions in greenhouse gas emissions that result
mental Protection Agency for fiscal year 2022, amounts otherwise available, there is appro- from domestic electricity generation and use;
out of any money in the Treasury not otherwise priated to the Administrator of the Environ- ‘‘(2) $17,000,000 for education, technical assist-
appropriated, $60,000,000, to remain available mental Protection Agency for fiscal year 2022, ance, and partnerships within low-income and
until September 30, 2031, for grants, rebates, and out of any money in the Treasury not otherwise disadvantaged communities with respect to re-
loans under section 792 of the Energy Policy Act appropriated, $25,000,000, to remain available ductions in greenhouse gas emissions that result
of 2005 (42 U.S.C. 16132) to identify and reduce until September 30, 2031, for grants and other from domestic electricity generation and use;
diesel emissions resulting from goods movement activities authorized under subsections (a) ‘‘(3) $17,000,000 for industry-related outreach
facilities, and vehicles servicing goods movement through (c) of section 103 and section 105 of the and technical assistance, including through
facilities, in low-income and disadvantaged Clean Air Act (42 U.S.C. 7403(a)–(c), 7405). partnerships, with respect to reductions in
communities to address the health impacts of (7) OTHER ACTIVITIES.—In addition to greenhouse gas emissions that result from do-
such emissions on such communities. amounts otherwise available, there is appro- mestic electricity generation and use;
(b) ADMINISTRATIVE COSTS.—The Adminis- priated to the Administrator of the Environ- ‘‘(4) $17,000,000 for outreach and technical as-
trator of the Environmental Protection Agency mental Protection Agency for fiscal year 2022, sistance to State and local governments, includ-
shall reserve 2 percent of the amounts made out of any money in the Treasury not otherwise ing through partnerships, with respect to reduc-
available under this section for the administra- appropriated, $45,000,000, to remain available tions in greenhouse gas emissions that result
tive costs necessary to carry out activities pur- until September 30, 2031, to carry out, with re- from domestic electricity generation and use;
suant to this section. spect to greenhouse gases, sections 111, 115, 165, ‘‘(5) $1,000,000 to assess, not later than 1 year
SEC. 30106. FUNDING TO ADDRESS AIR POLLU- 177, 202, 211, 213, 231, and 612 of the Clean Air after the date of enactment of this section, the
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TION. Act (42 U.S.C. 7411, 7415, 7475, 7507, 7521, 7545, reductions in greenhouse gas emissions that re-
(a) APPROPRIATIONS.— 7547, 7571, and 7671k). sult from changes in domestic electricity genera-
(1) FENCELINE AIR MONITORING AND SCREENING (8) GREENHOUSE GAS AND ZERO-EMISSION tion and use that are anticipated to occur on an
AIR MONITORING.—In addition to amounts other- STANDARDS FOR MOBILE SOURCES.—In addition annual basis through fiscal year 2031; and
wise available, there is appropriated to the Ad- to amounts otherwise available, there is appro- ‘‘(6) $18,000,000 to carry out this section to en-
ministrator of the Environmental Protection priated to the Administrator of the Environ- sure that reductions in greenhouse gas emissions
Agency for fiscal year 2022, out of any money in mental Protection Agency for fiscal year 2022, from domestic electricity generation and use are
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H6408 CONGRESSIONAL RECORD — HOUSE November 18, 2021
achieved through use of the authorities of this priated to the Administrator of the Environ- (b) ADMINISTRATIVE COSTS.—Of the amounts
Act, including through the establishment of re- mental Protection Agency for fiscal year 2022, made available under this section, the Adminis-
quirements under this Act, incorporating the as- out of any money in the Treasury not otherwise trator of the Environmental Protection Agency
sessment under paragraph (5) as a baseline. appropriated, $37,000,000, to remain available shall reserve 5 percent for administrative costs
‘‘(b) ADMINISTRATION OF FUNDS.—Of the until September 30, 2031, to update the Inte- necessary to carry out this section.
amounts made available under subsection (a), grated Compliance Information System of the (c) DEFINITIONS.—In this section:
the Administrator shall reserve 2 percent for the Environmental Protection Agency and any asso- (1) EMBODIED CARBON.—The term ‘‘embodied
administrative costs necessary to carry out ac- ciated systems, necessary information tech- carbon’’ means the quantity of greenhouse gas
tivities pursuant to that subsection.’’. nology infrastructure, or public access software emissions associated with all relevant stages of
SEC. 30109. FUNDING FOR SECTION 211(O) OF THE tools to ensure access to compliance data and production of a material or product, measured
CLEAN AIR ACT. related information. in kilograms of carbon dioxide-equivalent per
(a) TEST AND PROTOCOL DEVELOPMENT.—In (b) COMMUNICATIONS WITH ICIS.—In addition unit of such material or product.
addition to amounts otherwise available, there to amounts otherwise available, there is appro- (2) ENVIRONMENTAL PRODUCT DECLARATION.—
is appropriated to the Administrator of the En- priated to the Administrator of the Environ- The term ‘‘environmental product declaration’’
vironmental Protection Agency for fiscal year mental Protection Agency for fiscal year 2022, means a document that reports the environ-
2022, out of any money in the Treasury not oth- out of any money in the Treasury not otherwise mental impact of a material or product that—
erwise appropriated, $5,000,000, to remain avail- appropriated, $7,000,000, to remain available (A) includes measurement of the embodied
able until September 30, 2031, to carry out sec- until September 30, 2031, for grants to States, In- carbon of the material or product;
tion 211(o) of the Clean Air Act (42 U.S.C. (B) conforms with international standards,
dian tribes, and air pollution control agencies
7545(o)) with respect to— such as a Type III environmental product dec-
(as such terms are defined in section 302 of the
(1) the development and establishment of tests laration, as defined by the International Orga-
Clean Air Act (42 U.S.C. 7602)) to update their
and protocols regarding the environmental and nization for Standardization standard 14025;
systems to ensure communication with the Inte-
public health effects of a fuel or fuel additive; and
(2) internal and extramural data collection grated Compliance Information System of the
(C) is developed in accordance with any
and analyses to regularly update applicable reg- Environmental Protection Agency and any asso-
standardized reporting criteria specified by the
ulations, guidance, and procedures for deter- ciated systems.
Administrator of the Environmental Protection
mining lifecycle greenhouse gas emissions of a (c) INSPECTION SOFTWARE.—In addition to
Agency.
fuel; and amounts otherwise available, there is appro- (3) STATE.—The term ‘‘State’’ has the meaning
(3) the review, analysis and evaluation of the priated to the Administrator of the Environ- given to that term in section 302(d) of the Clean
impacts of all transportation fuels, including mental Protection Agency for fiscal year 2022, Air Act (42 U.S.C. 7602(d)).
fuel lifecycle implications, on the general public out of any money in the Treasury not otherwise SEC. 30114. METHANE EMISSIONS REDUCTION
and on low-income and disadvantaged commu- appropriated, $6,000,000, to remain available PROGRAM.
nities. until September 30, 2031— The Clean Air Act is amended by inserting
(b) INVESTMENTS IN ADVANCED BIOFUELS.—In (1) to acquire or update inspection software after section 135 of such Act, as added by sec-
addition to amounts otherwise available, there for use by the Environmental Protection Agen- tion 30108 of this Act, the following:
is appropriated to the Administrator of the En- cy, States, Indian tribes, and air pollution con- ‘‘SEC. 136. METHANE EMISSIONS AND WASTE RE-
vironmental Protection Agency for fiscal year trol agencies (as such terms are defined in sec- DUCTION INCENTIVE PROGRAM FOR
2022, out of any money in the Treasury not oth- tion 302 of the Clean Air Act (42 U.S.C. 7602)); PETROLEUM AND NATURAL GAS SYS-
erwise appropriated, $10,000,000, to remain or TEMS.
available until September 30, 2031, for new (2) to acquire necessary devices on which to ‘‘(a) INCENTIVES FOR METHANE MITIGATION
grants to industry and other related activities run such inspection software. AND MONITORING.—In addition to amounts oth-
under section 211(o) of the Clean Air Act (42 SEC. 30112. GREENHOUSE GAS CORPORATE RE- erwise available, there is appropriated to the
U.S.C. 7545(o)) to support investments in ad- PORTING. Administrator for fiscal year 2022, out of any
vanced biofuels. In addition to amounts otherwise available, money in the Treasury not otherwise appro-
SEC. 30110. FUNDING FOR IMPLEMENTATION OF there is appropriated to the Administrator of the priated, $775,000,000, to remain available until
THE AMERICAN INNOVATION AND Environmental Protection Agency for fiscal year September 30, 2028—
MANUFACTURING ACT. ‘‘(1) for grants, rebates, contracts, loans, and
2022, out of any money in the Treasury not oth-
(a) APPROPRIATIONS.— erwise appropriated, $5,000,000, to remain avail- other activities of the Environmental Protection
(1) IN GENERAL.—In addition to amounts oth- Agency for the purposes of providing financial
able until September 30, 2031, for the Environ-
erwise available, there is appropriated to the and technical assistance to owners and opera-
mental Protection Agency to support—
Administrator of the Environmental Protection tors of applicable facilities to prepare and sub-
(1) enhanced standardization and trans-
Agency for fiscal year 2022, out of any money in mit greenhouse gas reports under subpart W of
parency of corporate climate action commit-
the Treasury not otherwise appropriated, part 98 of title 40, Code of Federal Regulations
ments and plans to reduce greenhouse gas emis-
$20,000,000, to remain available until September (or any successor regulations);
sions;
30, 2026, to carry out subsections (a) through (i) ‘‘(2) for grants, rebates, contracts, loans, and
(2) enhanced transparency regarding progress
and subsection (k) of section 103 of division S of other activities of the Environmental Protection
toward meeting such commitments and imple-
Public Law 116–260 (42 U.S.C. 7675). Agency authorized under subsections (a)
(2) IMPLEMENTATION AND COMPLIANCE
menting such plans; and
(3) progress toward meeting such commitments through (c) of section 103 for methane emissions
TOOLS.—In addition to amounts otherwise avail- monitoring;
able, there is appropriated to the Administrator and implementing such plans.
‘‘(3) for grants, rebates, contracts, loans, and
of the Environmental Protection Agency for fis- SEC. 30113. ENVIRONMENTAL PRODUCT DEC-
LARATION ASSISTANCE. other activities of the Environmental Protection
cal year 2022, out of any money in the Treasury Agency for the purposes of providing financial
not otherwise appropriated, $3,500,000, to re- (a) IN GENERAL.—In addition to amounts oth-
and technical assistance to reduce methane and
main available until September 30, 2026, to de- erwise available, there is appropriated to the
other greenhouse gas emissions from petroleum
ploy new implementation and compliance tools Administrator of the Environmental Protection
and natural gas systems, mitigate legacy air pol-
to carry out subsections (a) through (i) and sub- Agency for fiscal year 2022, out of any money in
lution from petroleum and natural gas systems,
section (k) of section 103 of division S of Public the Treasury not otherwise appropriated,
and provide support for communities, including
Law 116–260 (42 U.S.C. 7675). $250,000,000, to remain available until September
funding for—
(3) COMPETITIVE GRANTS.—In addition to 30, 2031, to develop and carry out a program to
‘‘(A) improving climate resiliency of commu-
amounts otherwise available, there is appro- support the development, and enhanced stand-
nities and petroleum and natural gas systems;
priated to the Administrator of the Environ- ardization and transparency, of environmental ‘‘(B) improving and deploying industrial
mental Protection Agency for fiscal year 2022, product declarations for construction materials equipment and processes that reduce methane
out of any money in the Treasury not otherwise and products, including by— and other greenhouse gas emissions and waste;
appropriated, $15,000,000, to remain available (1) providing grants to businesses that manu- ‘‘(C) supporting innovation in reducing meth-
until September 30, 2026, for competitive grants facture construction materials and products for ane and other greenhouse gas emissions and
for reclaim and innovative destruction tech- developing and verifying environmental product waste from petroleum and natural gas systems;
nologies under subsections (a) through (i) and declarations, and to States, Indian Tribes, and ‘‘(D) mitigating health effects of methane and
subsection (k) of section 103 of division S of nonprofit organizations that will support such other greenhouse gas emissions, and legacy air
Public Law 116–260 (42 U.S.C. 7675). businesses; pollution from petroleum and natural gas sys-
(b) ADMINISTRATION OF FUNDS.—Of the funds (2) providing technical assistance to busi- tems in low-income and disadvantaged commu-
made available pursuant to subsection (a)(3), nesses that manufacture construction materials nities; and
the Administrator of the Environmental Protec- and products in developing and verifying envi- ‘‘(E) supporting environmental restoration;
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tion Agency shall reserve 5 percent for adminis- ronmental product declarations, and to States, and
trative costs necessary to carry out activities Indian Tribes, and nonprofit organizations that ‘‘(4) to cover all direct and indirect costs re-
pursuant to such subsection. will support such businesses; and quired to administer this section, including the
SEC. 30111. FUNDING FOR ENFORCEMENT TECH- (3) carrying out other activities that assist in costs of implementing the waste emissions
NOLOGY AND PUBLIC INFORMATION. measuring, reporting, and steadily reducing the charge under subsection (b), preparing inven-
(a) COMPLIANCE MONITORING.—In addition to quantity of embodied carbon of construction ma- tories, gathering empirical data, and tracking
amounts otherwise available, there is appro- terials and products. emissions.
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6409
‘‘(b) WASTE EMISSIONS CHARGE.—The Admin- ‘‘(g) IMPLEMENTATION.—In addition to other ‘‘(1) IN GENERAL.—The Administrator shall
istrator shall impose and collect a charge on authorities in this Act addressing air pollution competitively award grants to eligible entities to
methane emissions that exceed an applicable from the oil and natural gas sectors, the Admin- implement plans developed under subsection (b).
waste emissions threshold under subsection (e) istrator may issue guidance or regulations as ‘‘(2) APPLICATION.—To apply for a grant
from an owner or operator of an applicable fa- necessary to carry out this section. under this subsection, an eligible entity shall
cility that is required to report methane emis- ‘‘(h) REPORTING.—Not later than 2 years after submit to the Administrator an application at
sions pursuant to subpart W of part 98 of title the date of enactment of this section, and as such time, in such manner, and containing such
40, Code of Federal Regulations (or any suc- necessary thereafter, the Administrator shall re- information as the Administrator shall require,
cessor regulations). vise the requirements of subpart W of part 98 of which such application shall include informa-
‘‘(c) APPLICABLE FACILITY.—For purposes of title 40, Code of Federal Regulations— tion regarding—
this section, the term ‘applicable facility’ means ‘‘(1) to reduce the facility emissions threshold ‘‘(A) the degree to which greenhouse gas air
a facility within the following industry seg- for reporting under such subpart and for paying pollution is projected to be reduced, including
ments, as defined in subpart W of part 98 of title the charge imposed under this section to 10,000 with respect to low-income and disadvantaged
40, Code of Federal Regulations (or any suc- metric tons of carbon dioxide equivalent of communities; and
cessor regulations): greenhouse gases emitted per year; and ‘‘(B) the quantifiability, specificity,
‘‘(1) Offshore petroleum and natural gas pro- ‘‘(2) to ensure the reporting under such sub- additionality, permanence, and verifiability of
duction. part, and calculation of charges under sub- such projected greenhouse gas air pollution re-
‘‘(2) Onshore petroleum and natural gas pro- sections (d) and (e) of this section, are based on duction.
duction. empirical data and accurately reflect the total ‘‘(3) TERMS AND CONDITIONS.—The Adminis-
‘‘(3) Onshore natural gas processing, methane emissions and waste emissions from the trator shall make funds available to a grantee
‘‘(4) Onshore natural gas transmission com-
applicable facilities. under this subsection in such amounts, upon
pression.
‘‘(i) LIABILITY FOR CHARGE PAYMENT.—A fa- such a schedule, and subject to such conditions
‘‘(5) Underground natural gas storage.
‘‘(6) Liquefied natural gas storage. cility owner or operator’s liability for payment based on its performance in implementing its
‘‘(7) Liquefied natural gas import and export of the charge under subsection (b) is not af- plan submitted under this section and in achiev-
equipment. fected in any way by emission standards, permit ing projected greenhouse gas air pollution re-
‘‘(8) Onshore petroleum and natural gas gath- fees, penalties, or other requirements under this duction, as determined by the Administrator.
ering and boosting. Act or any other legal authorities.’’. ‘‘(d) ELIGIBLE ENTITY DEFINED.—In this sec-
‘‘(9) Onshore natural gas transmission pipe- SEC. 30115. FUNDING FOR THE OFFICE OF THE IN- tion, the term ‘eligible entity’ means—
line. SPECTOR GENERAL OF THE ENVI- ‘‘(1) a State;
‘‘(d) CHARGE AMOUNT.—The amount of a RONMENTAL PROTECTION AGENCY. ‘‘(2) an air pollution control agency;
charge under subsection (b) for an applicable In addition to amounts otherwise made avail- ‘‘(3) a municipality;
facility shall be equal to the product obtained able, there is appropriated to the Office of the ‘‘(4) an Indian tribe; and
by multiplying— Inspector General of the Environmental Protec- ‘‘(5) a group of one or more entities listed in
‘‘(1) the number of tons of methane emissions tion Agency for fiscal year 2022, out of any paragraphs (1) through (4).’’.
reported pursuant to subpart W of part 98 of money in the Treasury not otherwise appro- SEC. 30117. ENVIRONMENTAL PROTECTION AGEN-
title 40, Code of Federal Regulations (or any priated, $50,000,000, to remain available until CY EFFICIENT, ACCURATE, AND
successor regulations) for the applicable facility September 30, 2031, for oversight of activities TIMELY REVIEWS.
that exceed the applicable annual waste emis- supported with funds appropriated to the Envi- In addition to amounts otherwise available,
sions threshold listed in subsection (e) during ronmental Protection Agency in this Act. there is appropriated to the Environmental Pro-
the previous reporting period; and SEC. 30116. CLIMATE POLLUTION REDUCTION tection Agency for fiscal year 2022, out of any
‘‘(2)(A) $900 for emissions reported for cal- GRANTS. money in the Treasury not otherwise appro-
endar year 2023; The Clean Air Act is amended by inserting priated, $20,000,000, to remain available until
‘‘(B) $1200 for emissions reported for calendar after section 136 of such Act, as added by sec- September 30, 2026, to provide for the develop-
year 2024; or tion 30114 of this Act, the following: ment of efficient, accurate, and timely reviews
‘‘(C) $1500 for emissions reported for calendar for permitting and approval processes through
‘‘SEC. 137. GREENHOUSE GAS AIR POLLUTION
year 2025 and each year thereafter. PLANS AND IMPLEMENTATION the hiring and training of personnel, the devel-
‘‘(e) WASTE EMISSIONS THRESHOLD.— GRANTS. opment of programmatic documents, the pro-
‘‘(1) PETROLEUM AND NATURAL GAS PRODUC-
‘‘(a) APPROPRIATIONS.— curement of technical or scientific services for
TION.—With respect to imposing and collecting
‘‘(1) GREENHOUSE GAS AIR POLLUTION PLAN- reviews, the development of environmental data
the charge under subsection (b) for an applica-
NING GRANTS.—In addition to amounts otherwise or information systems, stakeholder and commu-
ble facility in an industry segment listed in
available, there is appropriated to the Adminis- nity engagement, the purchase of new equip-
paragraph (1) or (2) of subsection (c), the Ad-
trator for fiscal year 2022, out of any amounts ment for environmental analysis, and the devel-
ministrator shall impose and collect the charge
in the Treasury not otherwise appropriated, opment of geographic information systems and
on the reported tons of methane emissions that
$250,000,000, to remain available until September other analysis tools, techniques, and guidance
exceed—
30, 2031, to carry out subsection (b). to improve agency transparency, accountability,
‘‘(A) 0.20 percent of the natural gas sent to
‘‘(2) GREENHOUSE GAS AIR POLLUTION IMPLE- and public engagement.
sale from such facility; or
‘‘(B) 10 metric tons of methane per million MENTATION GRANTS.—In addition to amounts SEC. 30118. LOW-EMBODIED CARBON LABELING
barrels of oil sent to sale from such facility, if otherwise available, there is appropriated to the FOR CONSTRUCTION MATERIALS
Administrator for fiscal year 2022, out of any FOR TRANSPORTATION PROJECTS.
such facility sent no natural gas to sale.
‘‘(2) NONPRODUCTION PETROLEUM AND NAT- amounts in the Treasury not otherwise appro- (a) IN GENERAL.—In addition to amounts oth-
URAL GAS SYSTEMS.—With respect to imposing priated, $4,750,000,000, to remain available until erwise available, there is appropriated to the
and collecting the charge under subsection (b) September 30, 2026, to carry out subsection (c). Administrator of the Environmental Protection
for an applicable facility in an industry segment ‘‘(3) ADMINISTRATIVE COSTS.—Of the funds Agency for fiscal year 2022, out of any money in
listed in paragraph (3), (6), (7), or (8) of sub- made available under paragraph (2), the Admin- the Treasury not otherwise appropriated,
section (c), the Administrator shall impose and istrator shall reserve 3 percent for administra- $100,000,000, to remain available until September
collect the charge on the reported tons of meth- tive costs necessary to carry out this section, in- 30, 2026, to develop and carry out a program, in
ane emissions that exceed 0.05 percent of the cluding providing technical assistance to eligible consultation with the Administrator of the Fed-
natural gas sent to sale from such facility. entities, developing a plan that could be used as eral Highway Administration, to identify and
‘‘(3) NATURAL GAS TRANSMISSION.—With re- a model by grantees in developing a plan under label, based on environmental product declara-
spect to imposing and collecting the charge subsection (b), and modeling the effects of plans tions, low-embodied carbon construction mate-
under subsection (b) for an applicable facility in described in this section. rials and products used for transportation
an industry segment listed in paragraph (4), (5), ‘‘(b) GREENHOUSE GAS AIR POLLUTION PLAN- projects, and for necessary administrative costs
or (9) of subsection (c), the Administrator shall NING GRANTS.—The Administrator shall make a of the Administrator of the Environmental Pro-
impose and collect the charge on the reported grant to at least one eligible entity in each State tection Agency to carry out this section.
tons of methane emissions that exceed 0.11 per- for the costs of developing a plan for the reduc- (b) DEFINITIONS.—In this section:
cent of the natural gas sent to sale from such tion of greenhouse gas air pollution to be sub- (1) EMBODIED CARBON.—The term ‘‘embodied
facility. mitted with an application for a grant under carbon’’ means the quantity of greenhouse gas
‘‘(4) EXEMPTION.—Charges shall not be im- subsection (c). Each such plan shall include emissions associated with all relevant stages of
posed pursuant to paragraph (1) on emissions programs, policies, measures, and projects that production of a material or product, measured
that exceed the waste emissions threshold speci- will achieve or facilitate the reduction of green- in kilograms of carbon dioxide-equivalent per
dlhill on DSK120RN23PROD with HOUSE
fied in such paragraph if such emissions are house gas air pollution. Not later than 270 days unit of such material or product.
caused by unreasonable delay in environmental after the date of enactment of this section, the (2) ENVIRONMENTAL PRODUCT DECLARATION.—
permitting of gathering infrastructure. Administrator shall publish a funding oppor- The term ‘‘environmental product declaration’’
‘‘(f) PERIOD.—The charge under subsection (b) tunity announcement for grants under this sub- means a document that reports the environ-
shall be imposed and collected beginning with section. mental impact of a material or product that—
respect to emissions reported for calendar year ‘‘(c) GREENHOUSE GAS AIR POLLUTION REDUC- (A) includes measurement of the embodied
2023 and for each year thereafter. TION IMPLEMENTATION GRANTS.— carbon of the material or product;
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H6410 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(B) conforms with international standards, Administrator for fiscal year 2022, out of any (A) to pay the costs of replacement of drinking
such as a Type III environmental product dec- money in the Treasury not otherwise appro- water fountains in schools and child care pro-
laration as defined by the International Organi- priated— grams that serve disadvantaged communities;
zation for Standardization standard 14025; and ‘‘(1) $2,800,000,000 to remain available until (B) for lead remediation projects in buildings
(C) is developed in accordance with any September 30, 2026, to award grants for the ac- operated by entities eligible for grants under
standardized reporting criteria specified by the tivities described in subsection (b); and that subsection that serve disadvantaged com-
Administrator of the Environmental Protection ‘‘(2) $200,000,000 to remain available until Sep- munities; and
Agency. tember 30, 2026, to provide technical assistance (C) for compliance monitoring in disadvan-
(3) LOW-EMBODIED CARBON CONSTRUCTION MA- to eligible entities related to grants awarded taged communities.
TERIALS AND PRODUCTS.—The term ‘‘low-em- under this section. (b) COST-SHARE WAIVER.—An entity receiving
bodied carbon construction materials and prod- ‘‘(b) GRANTS.— assistance pursuant to this section shall not be
ucts’’ means construction materials and prod- ‘‘(1) IN GENERAL.—The Administrator shall required to provide a share of the costs of car-
ucts identified by the Administrator of the Envi- use amounts made available under subsection rying out the project or activity funded by that
ronmental Protection Agency as having sub- (a)(1) to award grants for periods of up to 3 assistance.
stantially lower levels of embodied carbon as years to eligible entities to carry out activities (c) ADMINISTRATIVE COSTS.—Of the amounts
compared to estimated industry averages of simi- described in paragraph (2) that benefit dis- made available under subsection (a), the Admin-
lar materials or products. advantaged communities, as defined by the Ad- istrator of the Environmental Protection Agency
Subtitle B—Hazardous Materials ministrator. shall reserve 7 percent for the administrative
‘‘(2) ELIGIBLE ACTIVITIES.—An eligible entity costs of carrying out this section.
SEC. 30201. GRANTS TO REDUCE WASTE IN COM-
MUNITIES. may use a grant awarded under this subsection SEC. 30302. FUNDING FOR WATER ASSISTANCE
for— PROGRAM.
The Solid Waste Disposal Act is amended by
‘‘(A) community-led air and other pollution (a) APPROPRIATION.—In addition to amounts
inserting after section 7010 (42 U.S.C. 6979b) the
monitoring, prevention, and remediation, and otherwise available, there is appropriated for
following:
investments in low- and zero-emission and resil- fiscal year 2022, out of any money in the Treas-
‘‘SEC. 7011. GRANTS TO REDUCE WASTE IN COM-
MUNITIES. ient technologies and related infrastructure and ury not otherwise appropriated, $225,000,000, to
workforce development that help reduce green- remain available until expended, to provide
‘‘(a) APPROPRIATIONS.—
‘‘(1) ORGANICS RECYCLING AND FOOD WASTE.— house gas emissions and other air pollutants; grants to States, Indian Tribes, and Tribal orga-
In addition to amounts otherwise available, ‘‘(B) mitigating climate and health risks from nizations to assist low-income households that
there is appropriated to the Administrator for urban heat islands, extreme heat, wood heater pay a high proportion of household income for
fiscal year 2022, out of any money in the Treas- emissions, and wildfire events; drinking water and wastewater (including
ury not otherwise appropriated, $95,000,000, to ‘‘(C) climate resiliency and adaptation; stormwater) services, particularly households
remain available until September 30, 2031, to ‘‘(D) reducing indoor toxics and indoor air with an annual income that is less than or
make grants, on a competitive basis, to eligible pollution; or equal to 150 percent of the Federal poverty line,
recipients for projects in, or directly serving, ‘‘(E) facilitating engagement of disadvantaged by providing amounts to community water sys-
low-income or disadvantaged communities to— communities in State and Federal public proc- tems (as defined in section 1401 of the Safe
‘‘(A) construct, expand, or modernize infra- esses, including facilitating such engagement in Drinking Water Act (42 U.S.C. 300f)) or publicly
structure for recycling and reuse of organic ma- advisory groups, workshops, and rulemakings. owned treatment works (as defined in section
terial, including any facility, machinery, or ‘‘(3) ELIGIBLE ENTITIES.—In this subsection, 212 of the Federal Water Pollution Control Act
equipment used to collect and process organic the term ‘eligible entity’ means— (33 U.S.C. 1292)) to reduce the arrearages of and
material; or ‘‘(A) a partnership between— rates charged to those households for those serv-
‘‘(B) measure, reduce, and prevent food waste. ‘‘(i) an Indian tribe, a local government, or an ices by up to 100 percent.
‘‘(2) OTHER WASTE REDUCTION ACTIVITIES.—In institution of higher education; and (b) REQUIREMENT.—Of the amounts made
addition to amounts otherwise available, there ‘‘(ii) a community-based nonprofit organiza- available under subsection (a), the Adminis-
is appropriated to the Administrator for fiscal tion; trator of the Environmental Protection Agency
year 2022, out of any money in the Treasury not ‘‘(B) a community-based nonprofit organiza- shall reserve not more than 3 percent to provide
otherwise appropriated, $95,000,000, to remain tion; or the assistance described in that subsection to In-
available until September 30, 2031, to make ‘‘(C) a partnership of community-based non- dian Tribes and Tribal organizations.
grants, on a competitive basis, to eligible recipi- profit organizations. (c) COST-SHARE WAIVER.—An entity receiving
ents for projects in, or directly serving, low-in- ‘‘(c) ADMINISTRATIVE COSTS.—The Adminis- assistance pursuant to this section shall not be
come or disadvantaged communities to— trator shall reserve 7 percent of the amounts required to provide a share of the costs of car-
‘‘(A) reduce the amount of waste generated made available under subsection (a) for admin- rying out the activity funded by that assistance.
from manufacturing processes or when con- istrative costs to carry out this section.’’. (d) ADMINISTRATIVE COSTS.—Of the amounts
sumer products are disposed of, including by en- SEC. 30203. FUNDING FOR DATA COLLECTION ON made available under subsection (a), the Admin-
couraging product or manufacturing redesign or NATIONAL RECYCLING EFFORTS. istrator of the Environmental Protection Agency
redevelopment that reduces packaging and In addition to amounts otherwise available, shall reserve 7 percent for the administrative
waste byproducts; there is appropriated to the Administrator of the costs of carrying out this section.
‘‘(B) create market demand or manufacturing Environmental Protection Agency for fiscal year (e) DEFINITION OF STATE.—In this section, the
capacity for recovered, recyclable, or recycled 2022, out of any money in the Treasury not oth- term ‘‘State’’ means—
erwise appropriated, $10,000,000, to remain (1) each of the 50 States;
commodities and products, including compost; or
(2) the District of Columbia;
‘‘(C) support the development and implemen- available until September 30, 2031, to support
(3) the Commonwealth of Puerto Rico;
tation of activities that reduce the amount of data collection activities with respect to recy- (4) American Samoa;
waste disposed of in landfills or prevent the dis- cling efforts throughout the nation, with a par- (5) Guam;
posal of waste in landfills, including— ticular focus on recycling efforts in disadvan- (6) the United States Virgin Islands; and
‘‘(i) expanding the availability of source-sepa- taged, low-income, and rural communities that (7) the Commonwealth of the Northern Mar-
rated organic waste collection; lack access to recycling services. iana Islands.
‘‘(ii) encouraging diversion of organic waste Subtitle C—Drinking Water Subtitle D—Energy
from landfills; or
‘‘(iii) increasing fees imposed on the disposal SEC. 30301. LEAD REMEDIATION PROJECTS. PART 1—RESIDENTIAL EFFICIENCY AND
of waste, including organic waste, at landfills. (a) IN GENERAL.—In addition to amounts oth- ELECTRIFICATION REBATES
‘‘(b) ADMINISTRATION OF FUNDS.—Of the erwise available, there is appropriated for fiscal SEC. 30411.HOME ENERGY PERFORMANCE-
amounts made available under subsection (a), year 2022, out of any money in the Treasury not BASED, WHOLE-HOUSE REBATES
the Administrator shall reserve 5 percent for the otherwise appropriated, $9,000,000,000, to remain AND TRAINING GRANTS.
administrative costs necessary to carry out ac- available until September 30, 2026, for— (a) HOME ON-LINE PERFORMANCE-BASED EN-
tivities pursuant to that subsection. (1) grants under the lead reduction grant pro- ERGY EFFICIENCY (HOPE) CONTRACTOR TRAIN-
‘‘(c) DEFINITION OF ELIGIBLE RECIPIENT.—In gram under section 1459B(b) of the Safe Drink- ING GRANTS.—
this section, the term ‘eligible recipient’ means— ing Water Act (42 U.S.C. 300j–19b(b)) to entities (1) APPROPRIATION.—In addition to amounts
‘‘(1) a single unit of State, local, or Tribal eligible for grants under that program that serve otherwise available, there is appropriated to the
government; or communities determined to be disadvantaged Secretary for fiscal year 2022, out of any money
‘‘(2) a nonprofit organization.’’. communities pursuant to paragraph (3)(A) of in the Treasury not otherwise appropriated,
SEC. 30202. ENVIRONMENTAL AND CLIMATE JUS- such subsection, for full service line replacement $360,000,000, to remain available until September
TICE BLOCK GRANTS. within those disadvantaged communities; 30, 2030, to award grants to States to develop
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The Clean Air Act is amended by inserting (2) grants for the installation and mainte- and implement a State program described in sec-
after section 137, as added by subtitle A of this nance of lead filtration stations at schools and tion 362(d)(13) of the Energy Policy and Con-
title, the following: child care programs (as defined in section servation Act (42 U.S.C. 6322(d)(13)), which
‘‘SEC. 138. ENVIRONMENTAL AND CLIMATE JUS- 1464(d)(1) of that Act (42 U.S.C. 300j–24(d)(1)) shall partner with nonprofit organizations to
TICE BLOCK GRANTS. that serve disadvantaged communities; and fund qualifying programs described in para-
‘‘(a) APPROPRIATION.—In addition to amounts (3) grants under subsection (d) of section 1464 graph (2) that provide training courses and op-
otherwise available, there is appropriated to the of that Act (42 U.S.C. 300j–24)— portunities to support home energy efficiency
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6411
upgrade construction services to train workers, with the formula for the State Energy Program vided to a State energy office under this sub-
both on-line and in-person, to support and pro- under part D of title III of the Energy Policy section, 85 percent shall be used to provide Home
vide for the home energy efficiency retrofits and Conservation Act in effect on January 1, Owner Managing Energy Savings (HOMES) Re-
under subsection (b), and for administrative ex- 2021, to State energy offices to establish Home bates to—
penses associated with carrying out this sub- Owner Managing Energy Savings (HOMES) Re- (A) individuals and aggregators for the energy
section. bate Programs pursuant to section 362(d)(5) of efficiency upgrades of single-family homes of
(2) QUALIFYING PROGRAMS.—For the purposes such Act (42 U.S.C. 6322(d)(5)), and for adminis- not more than 4 units—
of this paragraph, qualifying programs are pro- trative expenses associated with carrying out (i) $2,000 for a retrofit that achieves at least 20
grams that— this subsection. percent modeled energy system savings or 50
(A) provide the equivalent of at least 30 hours (2) COORDINATION.—In carrying out this sub- percent of the project cost, whichever is lower;
in total course time; section, the Secretary shall coordinate with (ii) $4,000 for a retrofit that achieves at least
(B) are provided by a provider that is accred- State energy offices to ensure that programs 35 percent modeled energy system savings or 50
ited by the Interstate Renewable Energy Council that receive awards are formulated to achieve percent of the project cost, whichever is lower;
or has other accreditation determined to be maximum greenhouse gas emissions reductions or
equivalent by the Secretary; and household energy and costs savings. (iii) for measured energy savings, a payment
(C) are, with respect to a particular job, (3) APPLICATION.—In order to receive a grant per kilowatt hour saved, or kilowatt hour-equiv-
aligned with the relevant National Renewable under this subsection, a State shall submit to alent saved, equal to $2,000 for a 20 percent re-
Energy Laboratory Job Task Analysis, or other the Secretary an application that includes a duction of energy use for the average home in
credentialing program foundation that helps plan to implement a qualifying State program the State, for homes or portfolios of homes that
identify the necessary core knowledge areas, that includes— achieve at least 15 percent energy savings, or 50
critical work functions, or skills, as approved by (A) a plan to ensure that each home energy percent of the project cost, whichever is lower;
the Secretary; efficiency retrofit under the program— (B) multifamily building owners and
(D) have established learning objectives; (i) is completed by a contractor who meets aggregators for the energy efficiency upgrades
(E) include, as the Secretary determines ap- minimum training requirements, certification re- of multifamily buildings—
propriate, an appropriate assessment of such quirements, and other requirements established (i) $2,000 per dwelling unit for a retrofit that
learning objectives that may include a final by the Secretary; and achieves at least 20 percent modeled energy sys-
exam, to be proctored on-site or through remote (ii) includes installation of 1 or more home en- tem savings up a maximum of $200,000 per multi-
proctoring, or an in-person field exam; and ergy efficiency retrofit measures that are mod- family building;
(F) include training related to— eled to achieve, or are shown to achieve, the (ii) $4,000 per dwelling unit for a retrofit that
(i) contractor certification; minimum reduction required in home energy achieves at least 35 percent modeled energy sys-
(ii) energy auditing or assessment; use, or with respect to a portfolio of home en- tem savings up to a maximum of $400,000 per
(iii) home energy systems (including Energy ergy efficiency retrofits, in aggregated home en- multifamily building; or
Star-qualified HVAC systems and Wi-Fi-enabled ergy use for such portfolio; (iii) for measured energy savings, a payment
home energy communications technology, or (B) a plan— rate per kilowatt hours saved, or kilowatt hour-
any future technology that achieves the same (i) to utilize, for purposes of modeled perform- equivalent saves, equal to $2,000 for a 20 percent
goals); ance home rebates, modeling software, methods, reduction of energy use for the average multi-
(iv) insulation installation and air leakage and procedures for determining and docu- family building in the State, for multifamily
control; menting the reductions in home energy use re- buildings or portfolios of buildings that achieve
(v) health and safety regarding the installa- sulting from the implementation of a home en- at least 15 percent energy savings, or 50 percent
tion of energy efficiency measures or health and ergy efficiency retrofit that is calibrated to his- of the project cost, whichever is lower; or
safety impacts associated with energy efficiency torical energy usage for a home consistent with (C) individuals and aggregators for the energy
retrofits; BPI 2400, that are approved by the Secretary, efficiency upgrades of single family homes of 4
(vi) indoor air quality; that can provide evidence for necessary im- units or less or multifamily buildings that are
(vii) energy efficiency retrofits in manufac- provements to a State program, and that can occupied by residents with an annual income of
tured housing; and help to calibrate models for accuracy; less than 80 percent of the area median income
(viii) residential electrification training and (ii) to utilize, for purposes of measured per- as published publicly by the Department of
conversion training. formance home rebates, open-source advanced Housing and Urban Development—
(3) STATE ENERGY PROGRAM PROVIDERS.—A measurement and verification software approved (i) $4,000 for a retrofit that achieves at least 20
State energy office may use not more than 10 by the Secretary for determining and docu- percent modeled energy system savings or 80
percent of the amounts made available to the menting the monthly and hourly (if available) percent of the project cost, whichever is lower;
State energy office under this subsection to ad- weather-normalized baseline energy use of a (ii) $8,000 for a retrofit that achieves at least
minister a qualifying program described in para- home, the reductions in monthly and hourly (if 35 percent modeled energy system savings or 80
graph (2), including for the conduct of design available) weather-normalized energy use of a percent of the project cost, whichever is lower;
and operations activities. home resulting from the implementation of a or
(4) TERMS AND CONDITIONS.— home energy efficiency retrofit, and open-source (iii) for measured energy savings, a payment
(A) ELIGIBLE USE OF FUNDS.—Of the amounts advanced measurement and verification soft- rate per kilowatt hour saved, or kilowatt hour-
made available to a State under this subsection, ware approved by the Secretary; and equivalent saved, equal to $4,000 for a 20 percent
85 percent shall be used by the State— (iii) to value savings based on time, location, reduction of energy use for the average multi-
(i) to support the operations of qualifying pro- or greenhouse gas emissions; family building in the State, for multifamily
grams, including establishing, modifying, or (C) procedures for a homeowner to transfer buildings or portfolios of buildings that achieve
maintaining the online systems, staff time, and the right to claim a rebate to the contractor per- at least 15 percent energy savings, or 80 percent
software and online program management, forming the applicable home energy efficiency of the project cost, whichever is lower.
through a course that meets the applicable cri- retrofit or to an aggregator, if the State program (5) REQUIREMENT.—Not less than 25 percent of
teria; will utilize aggregators; the funds provided to a State energy office
(ii) to reimburse the contractor company for (D) if the State program will utilize under this subsection shall be used for the pur-
training costs for employees; aggregators to facilitate delivery of rebates to poses of each of subparagraphs (A), (B), and (C)
(iii) to provide any home technology support homeowners or contractors, requirements for an of paragraph (4).
needed for an employee to receive training pur- entity to be eligible to serve as an aggregator; (6) ELIGIBILITY OF CERTAIN APPLIANCES.—In
suant to this subsection; and (E) quality monitoring to ensure that each in- calculating total energy savings for single fam-
(iv) to support wages of employees during stallation that receives a rebate is documented ily or multifamily homes under this subsection,
training. in a certificate, provided by the contractor to a program may include savings from the pur-
(B) TIMING OF OBLIGATIONS.—Amounts made the homeowner, that details the work, including chase of high-efficiency natural gas HVAC sys-
available under this subsection shall be used, as information about the characteristics of equip- tems and water heaters certified under the En-
necessary, to cover or reimburse allowable costs ment and materials installed, as well as pro- ergy Star program until the date that is 6 years
incurred after the date of enactment of this Act. jected energy savings or energy generation, in a after the date of enactment of this Act.
(C) UNOBLIGATED AMOUNTS.—Amounts made way that will enable the homeowner to clearly (7) PLANNING.—Not to exceed 20 percent of
available under this subsection which are not communicate the value of the high-performing any grant made with funds made available
accepted, are voluntarily returned, or otherwise features funded by the rebate to buyers, real es- under this subsection shall be expended for
recaptured for any reason shall be used to fund tate agents, appraisers and lenders; and planning and management development and ad-
grants under subsection (b). (F) a procedure for providing the contractor ministration.
(b) HOME OWNER MANAGING ENERGY SAVINGS performing a home energy efficiency retrofit or (8) TECHNICAL ASSISTANCE.—Amounts made
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(HOMES) REBATES.— an aggregator who has the right to claim such available under this subsection shall be used for
(1) APPROPRIATION.—In addition to amounts rebate with $200 for each home located in an un- single family, multifamily, and manufactured
otherwise available, there is appropriated to the derserved community that receives a home effi- housing rebates and the Secretary shall, in con-
Secretary for fiscal year 2022, out of any money ciency retrofit for which a rebate is provided sultation with States, contractors, and other
in the Treasury not otherwise appropriated, under the program. local technical experts design support, method-
$5,890,000,000, to remain available until Sep- (4) AMOUNT OF REBATES FOR SINGLE FAMILY ology, and contractor criteria as appropriate for
tember 30, 2030, to award grants, in accordance AND MULTIFAMILY HOMES.—Of the amounts pro- the different building stock.
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H6412 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(9) USE OF FUNDS.—Rebate amounts made SEC. 30412. HIGH-EFFICIENCY ELECTRIC HOME ‘‘(iv) in the case of a qualified electrification
available through the High-Efficiency Electric REBATE PROGRAM. project described in subsection (d)(11)(A)(i)(I)
Home Rebate Program established under sub- (a) IN GENERAL.—Section 124 of the Energy that installs an electric load or service center
section (b)(1) of section 124 of the Energy Policy Policy Act of 2005 (42 U.S.C. 15821) is amended panel that enables the installation and use of
Act of 2005 (as amended by this subtitle) may be to read as follows: any upgrade, appliance, system, equipment, in-
used in conjunction with the funds made avail- ‘‘SEC. 124. HIGH-EFFICIENCY ELECTRIC HOME RE- frastructure, component, or other item installed
able under this subsection. BATE PROGRAM. pursuant to any other qualified electrification
(c) DEFINITIONS.—In this section: ‘‘(a) APPROPRIATIONS.— project, not more than $3,000;
‘‘(1) IN GENERAL.—In addition to amounts oth- ‘‘(v) in the case of a qualified electrification
(1) AGGREGATOR.—The term ‘‘aggregator’’
erwise available, there is appropriated to the project described in subsection (d)(11)(A)(i)(V)
means a gas utility, electric utility, commercial
Secretary for fiscal year 2022, out of any money that installs insulation and air sealing, not
entity, nonprofit entity, or State or local gov-
in the Treasury not otherwise appropriated— more than $800; and
ernment entity that may receive rebates pro-
‘‘(A) $2,226,000,000, to remain available until ‘‘(vi) in the case of any other qualified elec-
vided under a State program under this section
September 30, 2031, to provide rebates under this trification project, including a qualified elec-
for 1 or more portfolios consisting of 1 or more
section; trification project described in any of subclauses
energy efficiency retrofits. ‘‘(B) $4,000,000, to remain available until Sep-
(2) CONTRACTOR CERTIFICATION.—The term (I) through (III) of subsection (d)(11)(A)(ii), for
tember 30, 2031, for community and consumer which the Secretary provides a high-efficiency
‘‘contractor certification’’ means— education and outreach related to carrying out
(A) an industry recognized certification that electric home rebate, not more than an amount
this section; and determined by the Secretary for that qualified
may be obtained by a residential contractor to ‘‘(C) $220,000,000, to remain available until
advance the expertise and education of the con- electrification project, subject to subparagraph
September 30, 2031, to administer this section
tractor in energy efficiency retrofits of residen- (B).
and to provide administrative and technical ‘‘(B) LIMITATIONS ON AMOUNT OF REBATE.—
tial buildings; and support to certified contractor companies, quali- ‘‘(i) MAXIMUM TOTAL AMOUNT.—Subject to
(B) any other certification the Secretary de- fied providers, States, and Indian Tribes. subsection (c)(1)(B), the maximum total amount
termines appropriate for purposes of the ‘‘(2) ADDITIONAL FUNDING FOR TRIBAL COMMU- that may be awarded as high-efficiency electric
HOMES Rebate Program established under sub- NITIES AND LOW- OR MODERATE-INCOME HOUSE-
home rebates under this subsection shall be
section (b). HOLDS.—In addition to amounts otherwise avail-
$10,000 with respect to each home for which a
(3) CONTRACTOR COMPANY.—The term ‘‘con- able, there is appropriated to the Secretary for high-efficiency electric home rebate is provided.
tractor company’’ means a company— fiscal year 2022, out of any money in the Treas- ‘‘(ii) COSTS.—
(A) the business of which is to provide services ury not otherwise appropriated, $3,800,000,000, ‘‘(I) IN GENERAL.—Subject to subsection
to residential building owners with respect to to remain available until September 30, 2031, (c)(1)(C), the amount of a high-efficiency elec-
HVAC systems, insulation, air sealing, or other for— tric home rebate provided to a homeowner under
services that are approved by the Secretary; ‘‘(A) rebates under this section relating to this subsection shall not exceed 50 percent of the
(B) that holds the licenses and insurance re- qualified electrification projects carried out in total cost of the applicable qualified electrifica-
quired by the State in which the company pro- Tribal communities or for low- or moderate-in- tion project.
vides services; and come households; and ‘‘(II) LABOR COSTS.—Subject to subsection
(C) that provides services for which a rebate ‘‘(B) any necessary administrative or tech- (c)(1)(C), not more than 50 percent of the labor
may be provided pursuant to the HOMES Re- nical support for those qualified electrification costs associated with a qualified electrification
bate Program established under subsection (b). projects. project may be included in the 50 percent of
(4) ENERGY STAR PROGRAM.—The term ‘‘En- ‘‘(b) HIGH-EFFICIENCY ELECTRIC HOME RE- total costs for which a high-efficiency electric
ergy Star program’’ means the program estab- BATES FOR QUALIFIED ELECTRIFICATION home rebate is provided under this subsection,
lished by section 324A of the Energy Policy and PROJECTS.— as described in subclause (I), subject to the con-
‘‘(1) HIGH-EFFICIENCY ELECTRIC HOME RE-
Conservation Act (42 U.S.C. 6294a). dition that labor costs account for not more
BATES.—The Secretary shall establish a program
(5) HOME.—The term ‘‘home’’ means a build- than 50 percent of the amount of the high-effi-
within the Department, to be known as the
ing with not more than 4 dwelling units or a ciency electric home rebate.
‘High-Efficiency Electric Home Rebate Pro-
manufactured housing unit (including a unit ‘‘(3) LIMITATIONS ON QEPS.—
gram’, under which the Secretary shall provide ‘‘(A) CONTRACTORS.—A high-efficiency elec-
built before June 15, 1976), that—
to homeowners and owners of multifamily build- tric home rebate may be provided for a qualified
(A) is located in the United States; ings high-efficiency electric home rebates, in ac-
(B) was constructed before the date of enact- electrification project carried out by a con-
cordance with this subsection, for qualified elec- tractor company only if that contractor com-
ment of this Act; trification projects carried out at, or relating to,
(C) is occupied at least 6 months out of the pany is a certified contractor company.
the homes or multifamily buildings, as applica- ‘‘(B) HEAT PUMP HVAC SYSTEMS.—A high-effi-
year; and ble.
(D) is not on a military base. ciency electric home rebate may be provided for
‘‘(2) AMOUNT OF REBATE.— a qualified electrification project that installs or
(6) HVAC SYSTEM.—The term ‘‘HVAC system’’ ‘‘(A) IN GENERAL.—Subject to subsection
enables the installation of a heat pump HVAC
means a system— (c)(1)(A), a high-efficiency electric home rebate
system only if the heat pump HVAC system—
(A) is certified under the Energy Star pro- under paragraph (1) shall be equal to— ‘‘(i) replaces—
gram; ‘‘(i) in the case of a qualified electrification ‘‘(I) a nonelectric HVAC system;
(B) consisting of a heating component, a ven- project described in subsection (d)(11)(A)(i)(II) ‘‘(II) an electric resistance HVAC system; or
tilation component, and an air-conditioning that installs a heat pump used for water heat- ‘‘(III) an air conditioning unit that—
component; and ing, not more than $1,250; ‘‘(aa) does not have a reversing valve; and
(C) the components of which may include cen- ‘‘(ii) in the case of a qualified electrification ‘‘(bb) has a lower seasonal energy-efficiency
tral air conditioning, a heat pump, a furnace, a project described in subsection (d)(11)(A)(i)(II) ratio than the heat pump HVAC system; or
boiler, a rooftop unit, and a window unit. that installs a heat pump HVAC system— ‘‘(ii) is part of new construction, as deter-
(7) MULTIFAMILY BUILDING.—The term ‘‘multi- ‘‘(I)(aa) not more than $3,000 if the heat pump mined by the Secretary.
family building’’ means a building— HVAC system has a heating capacity of not less ‘‘(C) HEAT PUMPS FOR WATER HEATING.—A
(A) with 5 or more dwelling units; and than 27,500 Btu per hour; or high-efficiency electric home rebate may be pro-
(B) that is not on a military base. ‘‘(bb) not more than $4,000 if the heat pump vided for a qualified electrification project that
HVAC system meets Energy Star program cold installs or enables the installation of a heat
(8) SECRETARY.—The term ‘‘Secretary’’ means
climate criteria and is installed in a cold cli- pump used for water heating only if the heat
the Secretary of Energy.
mate, as determined by the Secretary; pump—
(9) STATE ENERGY OFFICE.—The term ‘‘State ‘‘(II)(aa) not more than $1,500 if the heat
energy office’’ has the meaning given the term ‘‘(i) replaces—
pump HVAC system has a heating capacity of ‘‘(I) a nonelectric heat pump water heater;
‘‘State energy agency’’ in section 391(10) of the less than 27,500 Btu per hour; or ‘‘(II) a nonelectric water heater; or
Energy Policy and Conservation Act (42 U.S.C. ‘‘(bb) not more than $2,000 if the heat pump ‘‘(III) an electric resistance water heater; or
6371(10)). HVAC system meets Energy Star program cold ‘‘(ii) is part of new construction, as deter-
(10) UNDERSERVED COMMUNITY.—The term climate criteria and is installed in a cold cli- mined by the Secretary.
‘‘underserved community’’ means— mate, as determined by the Secretary; and ‘‘(D) ELECTRIC STOVES, COOKTOPS, RANGES,
(A) a community located in a ZIP Code that ‘‘(III) $250, in addition to the amount de- AND OVENS.—A high-efficiency electric home re-
includes 1 or more census tracts that are identi- scribed in subclause (I) or (II), if a qualified bate may be provided for a qualified electrifica-
fied as— electrification project described in subsection tion project described in subsection
(i) a low-income community; or (d)(11)(A)(i)(V) that installs insulation, air seal- (d)(11)(A)(i)(III) only if the applicable electric
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(ii) a community of racial or ethnic minority ing, and ventilation in accordance with clause stove, cooktop, range, or oven—
concentration; or (v) is completed within 6 months before or after ‘‘(i) replaces a nonelectric stove, cooktop,
(B) any other community that the Secretary the qualified electrification project described in range, or oven; or
determines is disproportionately vulnerable to, that subclause; ‘‘(ii) is part of new construction, as deter-
or bears a disproportionate burden of, any com- ‘‘(iii) in the case of a qualified electrification mined by the Secretary.
bination of economic, social, and environmental project described in subclause (III) or (IV) of ‘‘(E) ELECTRIC HEAT PUMP CLOTHES DRYERS.—
stressors. subsection (d)(11)(A)(i), not more than $600; A high-efficiency electric home rebate may be
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6413
provided for a qualified electrification project ferred to in clause (i) is a qualified electrifica- imum, the qualified electrification projects de-
described in subsection (d)(11)(A)(i)(IV) only if tion project— scribed in subsection (d)(11)(A).
the applicable electric heat pump clothes dryer— ‘‘(I) that is carried out— ‘‘(ii) REQUIREMENTS.—The list published
‘‘(i) replaces a nonelectric clothes dryer; or ‘‘(aa) at a home or multifamily building under clause (i) shall include specifications for
‘‘(ii) is part of new construction. that— each qualified electrification project included on
‘‘(4) ADDITIONAL INCENTIVES FOR CONTRAC- ‘‘(AA) is located in an underserved community the list, including—
TORS AND QUALIFIED PROVIDERS.— or a Tribal community; or ‘‘(I) appropriate certifications under the En-
‘‘(A) GENERAL INCENTIVE.— ‘‘(BB) is certified, or the household of the ergy Star program; and
‘‘(i) IN GENERAL.—With respect to each quali- homeowner of which is certified, as applicable, ‘‘(II) other applicable requirements, such as
fied electrification project described in clause as low- or moderate-income; and requirements relating to grid-interactive capa-
(ii), the Secretary shall provide a payment of ‘‘(bb) by a certified contractor company or bility.
$100 to the certified contractor company or qualified provider that allows for the use of col- ‘‘(iii) UPDATES.—
qualified provider carrying out the qualified lective bargaining agreements; ‘‘(I) IN GENERAL.—Not less frequently than
electrification project. ‘‘(II) for which a rebate is provided under this once every 3 years and subject to subclause (II),
‘‘(ii) QUALIFIED ELECTRIFICATION PROJECT DE- subsection; and the Secretary shall publish an updated list of
SCRIBED.—A qualified electrification project re- ‘‘(III) with respect to which all laborers and qualified electrification projects for which a
ferred to in clause (i) is a qualified electrifica- mechanics employed on the qualified electrifica- high-efficiency electric home rebate may be pro-
tion project— tion project are paid wages at rates not less vided under this subsection.
‘‘(I) that is carried out at a home or multi- than those prevailing on projects of a character ‘‘(II) LIMITATION.—An updated list under sub-
family building; similar in the locality. clause (I) shall not allow for any reductions in
‘‘(II) for which a rebate is provided under this ‘‘(E) CLARIFICATION.—An amount provided to efficiency levels for qualified electrification
subsection; and a certified contractor company or qualified pro- projects included on the updated list that are
‘‘(III) with respect to which the certified con- vider under any of subparagraphs (A) through below an efficiency level provided in a pre-
tractor company or qualified provider is not eli- (D) shall be in addition to the amount of any viously published version of the list.
gible for a higher payment under any of sub- high-efficiency electric home rebate received by ‘‘(c) SPECIAL PROVISIONS FOR LOW- AND MOD-
paragraphs (B) through (D). the certified contractor company or qualified ERATE-INCOME HOUSEHOLDS AND MULTIFAMILY
‘‘(B) INCENTIVE FOR QEPS IN CERTAIN COMMU- provider. BUILDINGS.—
NITIES AND HOUSEHOLDS.— ‘‘(5) CLAIM.— ‘‘(1) MAXIMUM AMOUNTS.—With respect to a
‘‘(i) IN GENERAL.—With respect to each quali- ‘‘(A) IN GENERAL.—Subject to paragraph qualified electrification project carried out at a
fied electrification project described in clause (2)(B), a homeowner, a certified contractor com- location described in paragraph (2)—
(ii), the Secretary shall provide a payment of pany, or a qualified provider may claim a sepa- ‘‘(A) a high-efficiency electric home rebate
$200 to the certified contractor company or rate high-efficiency electric home rebate under shall be equal to—
qualified provider carrying out the qualified this subsection for each qualified electrification ‘‘(i) in the case of a qualified electrification
electrification project. project carried out at a home. project described in subsection (b)(2)(A)(i), not
‘‘(ii) QUALIFIED ELECTRIFICATION PROJECT DE- ‘‘(B) TRANSFER.—The Secretary shall establish more than $1,750;
SCRIBED.—A qualified electrification project re- and publish procedures pursuant to which a ‘‘(ii) in the case of a qualified electrification
ferred to in clause (i) is a qualified electrifica- homeowner or owner of a multifamily building project described in subsection (b)(2)(A)(ii)—
tion project— may transfer the right to claim a rebate under ‘‘(I)(aa) not more than $6,000 if the applicable
‘‘(I) that is carried out at a home or multi- this subsection to the certified contractor com- heat pump HVAC system has a heating capacity
family building that— pany or qualified provider carrying out the ap- of not less than 27,500 Btu per hour; or
‘‘(aa) is located in an underserved community plicable qualified electrification project. ‘‘(bb) not more than $7,000 if the applicable
or a Tribal community; or ‘‘(6) MULTIFAMILY BUILDINGS.— heat pump HVAC system meets Energy Star pro-
‘‘(bb) is certified, or the household of the ‘‘(A) IN GENERAL.—Subject to subparagraph gram cold climate criteria and is installed in a
homeowner of which is certified, as applicable, (B), the owner of a multifamily building may cold climate, as determined by the Secretary;
as low- or moderate-income; combine the amounts of high-efficiency electric and
‘‘(II) for which a rebate is provided under this home rebates for each dwelling unit in the mul- ‘‘(II)(aa) not more than $3,000 if the applica-
subsection; and tifamily building into a single rebate, subject ble heat pump HVAC system has a heating ca-
‘‘(III) with respect to which the certified con- to— pacity of less than 27,500 Btu per hour; or
tractor company or qualified provider is not eli- ‘‘(i) the condition that the applicable qualified ‘‘(bb) not more than $3,500 if the applicable
gible for a higher payment under subparagraph electrification projects benefit each dwelling heat pump HVAC system meets Energy Star pro-
(C) or (D). unit with respect to which the rebate is claimed; gram cold climate criteria and is installed in a
‘‘(C) INCENTIVE FOR CERTAIN LABOR PRAC- and cold climate, as determined by the Secretary;
TICES.— ‘‘(ii) any maximum per-dwelling unit rate es- ‘‘(iii) in the case of a qualified electrification
‘‘(i) IN GENERAL.—With respect to each quali- tablished by the Secretary. project described in subsection (b)(2)(A)(iii), not
fied electrification project described in clause ‘‘(B) COSTS.— more than $840;
(ii), the Secretary shall provide a payment of ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(iv) in the case of a qualified electrification
$250 to the certified contractor company or amount of a rebate under subparagraph (A) project described in subsection (b)(2)(A)(iv), not
qualified provider carrying out the qualified shall not exceed 50 percent of the total cost, in- more than $4,000;
electrification project. cluding labor costs, of the applicable qualified ‘‘(v) in the case of a qualified electrification
‘‘(ii) QUALIFIED ELECTRIFICATION PROJECT DE- electrification projects. project described in subsection (b)(2)(A)(v) that
SCRIBED.—A qualified electrification project re- ‘‘(ii) LOW- OR MODERATE-INCOME BUILDINGS.— installs insulation and air sealing, not more
ferred to in clause (i) is a qualified electrifica- In the case of a multifamily building that is cer- than $1,600; and
tion project— tified by the Secretary as low- or moderate-in- ‘‘(vi) in the case of a qualified electrification
‘‘(I) that is carried out— come, the amount of a rebate under subpara- project described in subsection (b)(2)(A)(vi), not
‘‘(aa) at a home or multifamily building; and graph (A) shall not exceed 100 percent of the more than an amount determined by the Sec-
‘‘(bb) by a certified contractor company or total cost of the applicable qualified electrifica- retary for that qualified electrification project,
qualified provider that allows for the use of col- tion projects. subject to subparagraph (B);
lective bargaining agreements; ‘‘(C) PROCEDURES.—The Secretary shall estab- ‘‘(B) the maximum total amount of high-effi-
‘‘(II) for which a rebate is provided under this lish and publish procedures— ciency electric home rebates that may be award-
subsection; and ‘‘(i) pursuant to which the owner of a multi- ed with respect to each home of a homeowner
‘‘(III) with respect to which— family building may combine rebate amounts in shall be $14,000; and
‘‘(aa) all laborers and mechanics employed on accordance with this subsection; and ‘‘(C) the amount of a high-efficiency electric
the qualified electrification project are paid ‘‘(ii) for the enforcement of any limitations home rebate may be used to cover not more than
wages at rates not less than those prevailing on under this subsection. 100 percent of the costs, including labor costs, of
projects of a character similar in the locality; ‘‘(7) PROCESS.— the applicable qualified electrification project.
and ‘‘(A) REBATE PROCESS.—Not later than July 1, ‘‘(2) LOCATION DESCRIBED.—The maximum
‘‘(bb) the certified contractor company or 2022, the Secretary shall establish a rebate proc- amounts described in paragraph (1) shall apply
qualified provider is not eligible for a higher essing system that provides immediate price re- to—
payment under subparagraph (D). lief for consumers who purchase and have in- ‘‘(A) a home—
‘‘(D) MAXIMUM INCENTIVE.— stalled qualified electrification projects, in ac- ‘‘(i) with respect to which the household of
‘‘(i) IN GENERAL.—With respect to each quali- cordance with this section. the homeowner is certified as low- or moderate-
dlhill on DSK120RN23PROD with HOUSE
fied electrification project described in clause ‘‘(B) QUALIFIED ELECTRIFICATION PROJECT income;
(ii), the Secretary shall provide a payment of LIST.— ‘‘(ii) that is located in a Tribal community; or
$500 to the certified contractor company or ‘‘(i) IN GENERAL.—Not later than July 1, 2022, ‘‘(iii) in the case of a home that is rented,
qualified provider carrying out the qualified the Secretary shall publish a list of qualified with respect to which the household of the
electrification project. electrification projects for which a high-effi- renter is certified as low- or moderate-income; or
‘‘(ii) QUALIFIED ELECTRIFICATION PROJECT DE- ciency electric home rebate may be provided ‘‘(B) a multifamily building—
SCRIBED.—A qualified electrification project re- under this subsection that includes, at a min- ‘‘(i) that—
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H6414 CONGRESSIONAL RECORD — HOUSE November 18, 2021
‘‘(I) is certified as low- or moderate-income; or ‘‘(9) LOW- OR MODERATE-INCOME.—The term ‘‘(16) UNDERSERVED COMMUNITY.—The term
‘‘(II) is located in a Tribal community; and ‘low - or moderate -income’, with respect to a ‘underserved community’ means a community
‘‘(ii) with respect to which more than more household, means a household— located in a census tract that is identified by the
than 1⁄2 of the dwelling units in the multifamily ‘‘(A) with an annual income that is less than Secretary as—
building— 80 percent of the annual median income of the ‘‘(A) a low- or moderate-income community; or
‘‘(I) are occupied by households the annual area in which the household is located, which ‘‘(B) a community of racial or ethnic minority
household incomes of which do not exceed 80 such annual median income of the area is deter- concentration.’’.
percent of the median annual household income mined according to publicly available data; or (b) CONFORMING AMENDMENTS.—
for the area in which the multifamily building is ‘‘(B) that is low-income as determined by the (1) The table of contents for the Energy Policy
located; and Secretary. Act of 2005 (Public Law 109–58; 119 Stat. 594) is
‘‘(II) have average monthly rental prices that ‘‘(10) MULTIFAMILY BUILDING.—The term amended by striking the item relating to section
are equal to, or less than, an amount that is ‘multifamily building’ means any building— 124 and inserting the following:
equal to 30 percent of the average monthly ‘‘(A) with 5 or more dwelling units that—
‘‘(i) are built on top of one another or side-by- ‘‘Sec. 124. High-Efficiency Electric Home Re-
household income for the area in which the mul- bate Program.’’.
tifamily building is located. side; and
‘‘(ii) may share common facilities; and (2) Section 3201(c)(2)(A)(i) of the Energy Act
‘‘(3) REQUIREMENT.—The Secretary may pro- of 2020 (42 U.S.C. 17232(c)(2)(A)(i)) is amended
‘‘(B) that is not a home.
vide a rebate in an amount described in para- ‘‘(11) QUALIFIED ELECTRIFICATION PROJECT; by striking ‘‘(a)’’ each place it appears.
graph (1) to the owner of a multifamily building QEP.— PART 2—BUILDING EFFICIENCY AND
or home (in the case of a home that is rented) ‘‘(A) IN GENERAL.—The terms ‘qualified elec- RESILIENCE
that meets the requirements of this section if the trification project’ and ‘QEP’ mean a project
owner agrees in writing to provide commensu- SEC. 30421. CRITICAL FACILITY MODERNIZATION.
that, as applicable—
rate benefits of future savings to renters in the ‘‘(i) installs, or enables the installation and (a) APPROPRIATION.—In addition to amounts
multifamily building or home. use of, in a home or multifamily building— otherwise available, there is appropriated to the
‘‘(d) DEFINITIONS.—In this section: ‘‘(I) an electric load or service center upgrade; Secretary for fiscal year 2022, out of any money
‘‘(1) CERTIFIED CONTRACTOR.—The term ‘cer- ‘‘(II) an electric heat pump; in the Treasury not otherwise appropriated,
tified contractor’ means a contractor with a cer- ‘‘(III) an induction or noninduction electric $500,000,000, to remain available through Sep-
tification reflecting training, education, or other stove, cooktop, range, or oven; tember 30, 2031, to provide financial assistance
technical expertise relating to qualified elec- ‘‘(IV) an electric heat pump clothes dryer; or to States to develop and implement State pro-
trification projects for residential buildings, as ‘‘(V) insulation, air sealing, and ventilation, grams described in subsection (d)(5) of section
identified by the Secretary. in accordance with requirements established by 362 of the Energy Policy and Conservation Act
‘‘(2) CERTIFIED CONTRACTOR COMPANY.—The the Secretary; or (42 U.S.C. 6322), as part of an approved State
term ‘certified contractor company’ means a ‘‘(ii) installs, or enables the installation and energy conservation plan under that section, to
company— use of, in a home or multifamily building de- be distributed to States in accordance with the
‘‘(A) the business of which is to provide serv- scribed in subparagraph (B)— formula for the State Energy Program estab-
ices— ‘‘(I) a solar photovoltaic system, including lished in part 420 of title 10, Code of Federal
‘‘(i) to residential building owners; and any electrical equipment, wiring, or other com- Regulations (as in effect on January 1, 2021), to
‘‘(ii) for which a rebate may be provided pur- ponents necessary for the installation and use carry out projects to improve the energy resil-
suant to this section; of the solar photovoltaic system, including a ience of public or nonprofit buildings, including
‘‘(B) that holds the licenses and insurance re- battery storage system; projects to increase the energy efficiency and
quired by the State in which the company pro- ‘‘(II) electric vehicle charging infrastructure grid integration of public or nonprofit buildings
vides services; and or electric vehicle support equipment necessary or the renewable energy used at public or non-
‘‘(C) that employs 1 or more certified contrac- to recharge an electric vehicle on-site; or profit buildings.
tors that perform the services for which a rebate ‘‘(III) electrical rewiring, power sharing
(b) USE OF FUNDS.—
may be provided under this section. plugs, or other installation tasks directly related (1) GUIDELINES.—Not later than 180 days after
‘‘(3) ELECTRIC LOAD OR SERVICE CENTER UP- to and necessary for the safe and effective func- the date of enactment of this Act, the Secretary
GRADE.—The term ‘electric load or service center tioning of a QEP in a home or multifamily shall issue guidelines for measures for States to
upgrade’ means an improvement to a circuit building. include in any program with respect to which a
breaker panel that enables the installation and ‘‘(B) HOME OR MULTIFAMILY BUILDING DE-
State receives financial assistance under this
use of— SCRIBED.—A home or multifamily building re-
section.
‘‘(A) a QEP described in any of subclauses ferred to in subparagraph (A)(ii) is a home or
(2) ADMINISTRATIVE EXPENSES.—A State re-
(II) through (IV) of paragraph (9)(A)(i); or multifamily building that is certified, or the
ceiving financial assistance under this section
‘‘(B) a QEP described in any of subclauses (I) household of the homeowner of which is cer-
shall use not more than 10 percent for adminis-
through (III) of paragraph (9)(A)(ii). tified, as applicable, as low- or moderate-in-
trative purposes.
‘‘(4) ENERGY STAR PROGRAM.—The term ‘En- come. (3) NO MATCHING FUNDS REQUIREMENT.—The
ergy Star program’ means the program estab- ‘‘(C) EXCLUSIONS.—The terms ‘qualified elec-
Secretary may not require a State receiving fi-
lished by section 324A of the Energy Policy and trification project’ and ‘QEP’ do not include
nancial assistance under this section to provide
Conservation Act (42 U.S.C. 6294a). any project with respect to which the appliance,
matching funds.
‘‘(5) HEAT PUMP.—The term ‘heat pump’ system, equipment, infrastructure, component,
(4) EXEMPTION.—Activities carried out using
means a heat pump used for water heating, or other item described in clause (i) or (ii) of
funds appropriated under subsection (a) shall
space heating, or space cooling that— subparagraph (A) is not certified under the En-
not be subject to the expenditure prohibitions
‘‘(A) relies solely on electricity for its source of ergy Star program if, as of the date on which
and limitations of the State Energy Program
power; and the project is carried out, the item is of a cat-
under section 420.18 of title 10, Code of Federal
‘‘(B) is air-sourced, geothermal- or ground- egory for which a certification is provided under
Regulations.
sourced, or water-sourced. that program.
(c) DEFINITIONS.—In this section:
‘‘(6) HIGH-EFFICIENCY ELECTRIC HOME RE- ‘‘(12) QUALIFIED PROVIDER.—The term ‘quali-
(1) ENERGY RESILIENCE.—The term ‘‘energy re-
BATE.—The term ‘high-efficiency electric home fied provider’ means an electric utility, Tribal-
silience’’ means the ability to withstand and
rebate’ means a rebate provided in accordance owned entity or Tribally Designated Housing
quickly recover from an energy supply disrup-
with subsection (b). Entity (TDHE), or commercial, nonprofit, or
tion.
‘‘(7) HOME.—The term ‘home’ means each of— government entity, including a retailer and a
(2) PUBLIC OR NONPROFIT BUILDING.—The term
‘‘(A) a building with not more than 4 dwelling certified contractor company, that provides
‘‘public or nonprofit building’’ means a public
units, individual condominium units, or manu- services for which a rebate may be provided pur-
or nonprofit building described in section
factured housing units, that— suant to this section for 1 or more portfolios that
362(d)(5)(B) of the Energy Policy and Conserva-
‘‘(i) is located in a State; and consist of 1 or more qualified electrification
tion Act (42 U.S.C. 6322(d)(5)(B)).
‘‘(ii)(I) is the primary residence of— projects.
(3) STATE.—The term ‘‘State’’ has the meaning
‘‘(aa) the owner of that building, condo- ‘‘(13) SOLAR PHOTOVOLTAIC SYSTEM.—The
given the term in section 3 of the Energy Policy
minium unit, or manufactured housing unit, as term ‘solar photovoltaic system’ means a sys-
and Conservation Act (42 U.S.C. 6202).
applicable; or tem—
‘‘(bb) a renter; or ‘‘(A) placed on-site at a home or multifamily SEC. 30422. ASSISTANCE FOR LATEST AND ZERO
BUILDING ENERGY CODE ADOPTION.
‘‘(II) is a new-construction single-family resi- building, or as part of the community of the
dential home; and home or multifamily building; and (a) APPROPRIATION.—In addition to amounts
‘‘(B) a unit of a multifamily building that— ‘‘(B) that generates electricity from the sun otherwise available, there is appropriated to the
‘‘(i) is owned by an individual who is not the specifically for the home, multifamily building, Secretary of Energy for fiscal year 2022, out of
dlhill on DSK120RN23PROD with HOUSE
owner of the multifamily building; or community. any money in the Treasury not otherwise appro-
‘‘(ii) is located in a State; and ‘‘(14) STATE.—The term ‘State’ means a State, priated—
‘‘(iii) is the primary residence of— the District of Columbia, or any territory or pos- (1) $100,000,000, to remain available until Sep-
‘‘(I) the owner of that unit; or session of the United States. tember 30, 2031, to carry out activities under
‘‘(II) a renter. ‘‘(15) TRIBAL COMMUNITY.—The term ‘Tribal part D of title III of the Energy Policy and Con-
‘‘(8) HVAC.—The term ‘HVAC’ means heat- community’ means a Tribal tract or Tribal block servation Act (42 U.S.C. 6321 through 6326) in
ing, ventilation, and air conditioning. group. accordance with subsection (b); and
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6415
(2) $200,000,000, to remain available until Sep- section (d)(5) of section 362 of the Energy Policy term ‘‘networked direct current fast charge elec-
tember 30, 2031, to carry out activities under and Conservation Act (42 U.S.C. 6322), as part tric vehicle supply equipment’’ means electric
part D of title III of the Energy Policy and Con- of an approved State energy conservation plan vehicle supply equipment that is capable of pro-
servation Act (42 U.S.C. 6321 through 6326) in under that section, to carry out projects to build viding a direct current power source at a min-
accordance with subsection (c). out publicly accessible networked direct current imum of 50 kilowatts and is enabled to connect
(b) LATEST BUILDING ENERGY CODE.—The Sec- fast charge electric vehicle supply equipment in to a network to facilitate at least data collection
retary of Energy shall use funds made available rural communities or underserved or disadvan- and access.
under subsection (a)(1) for grants to assist taged communities; and (5) PRIVATE THIRD-PARTY ENTITY.—The term
States, and units of local government that have (3) $200,000,000 to carry out a program to pro- ‘‘private third-party entity’’ means a non-gov-
authority to adopt building codes, to— vide financial assistance to States to develop ernmental entity, including a private business,
(1) adopt— and implement State programs described in sub- that is able to contract with the State or an eli-
(A) a building energy code (or codes) for resi- section (d)(5) of section 362 of the Energy Policy gible entity to carry out projects to build out
dential buildings that meets or exceeds the 2021 and Conservation Act (42 U.S.C. 6322), as part electric vehicle supply equipment or hydrogen
International Energy Conservation Code, or of an approved State energy conservation plan fueling stations.
achieves equivalent or greater energy savings; under that section, to carry out projects to build (6) PUBLICLY ACCESSIBLE.—The term ‘‘publicly
(B) a building energy code (or codes) for com- out hydrogen fueling stations in rural commu- accessible’’ means available to members of the
mercial buildings that meets or exceeds the nities or underserved or disadvantaged commu- public, including within or around—
ANSI/ASHRAE/IES Standard 90.1–2019, or nities. (A) multiunit housing structures;
achieves equivalent or greater energy savings; or (b) REQUIREMENTS.— (B) workplaces;
(C) any combination of building energy codes (1) MEASURES.—Not later than 180 days after (C) commercial locations that are accessible
described in subparagraph (A) or (B); and the date of enactment of this Act, the Secretary for a minimum of 12 hours per day at least 5
(2) implement a plan for the jurisdiction to shall establish requirements for measures to be days a week, and capable of being monitored re-
achieve full compliance with any building en- included in any program with respect to which
motely; or
a State receives financial assistance under this
ergy code adopted under paragraph (1) in new (D) other locations that are accessible for a
section.
and renovated residential or commercial build- minimum of 12 hours per day at least 5 days a
(2) ADMINISTRATIVE EXPENSES.—A State re-
ings, as applicable, which plan shall include ac- week, and capable of being monitored remotely.
ceiving financial assistance under this section
tive training and enforcement programs and (7) SECRETARY.—The term ‘‘Secretary’’ means
shall use not more than 5 percent for adminis-
measurement of the rate of compliance each the Secretary of Energy.
trative purposes.
year. (3) NO MATCHING FUNDS REQUIREMENT.—The (8) UNDERSERVED OR DISADVANTAGED COMMU-
(c) ZERO ENERGY CODE.—The Secretary of En- NITY.—The term ‘‘underserved or disadvantaged
Secretary may not require a State receiving fi-
ergy shall use funds made available under sub- nancial assistance under this section to provide community’’ means a community or geographic
section (a)(2) for grants to assist States, and matching funds. area that is identified by the Secretary as—
units of local government that have authority to (4) ELIGIBLE ENTITIES.—Financial assistance (A) a low-income community;
adopt building codes, to— provided by a State using funds made available (B) a Tribal community;
(1) adopt a building energy code (or codes) for under this section shall only be available to eli- (C) having a disproportionately low number of
residential and commercial buildings that meets gible entities. electric vehicle charging stations per capita,
or exceeds the zero energy provisions in the 2021 (5) THIRD-PARTY CONTRACTS.—A State or eligi- compared to similar areas; or
International Energy Conservation Code or an ble entity may enter into a contract with a pri- (D) disproportionately vulnerable to, or bear-
equivalent stretch code; and vate third-party entity for the build out of elec- ing a disproportionate burden of, any combina-
(2) implement a plan for the jurisdiction to tric vehicle supply equipment or hydrogen fuel- tion of economic, social, environmental, or cli-
achieve full compliance with any building en- ing stations under subsection (a). mate stressors.
ergy code adopted under paragraph (1) in new (6) USE OF PRIVATE PROPERTY.—A State or eli- PART 4—DOE LOAN AND GRANT
and renovated residential and commercial build- gible entity may enter into an agreement for the PROGRAMS
ings, which plan shall include active training use of publicly accessible private property. SEC. 30441. FUNDING FOR DEPARTMENT OF EN-
and enforcement programs and measurement of (7) LIMITATION.—The Secretary shall ensure ERGY LOAN PROGRAMS OFFICE.
the rate of compliance each year. that no entity receives a profit for access to or (a) COMMITMENT AUTHORITY.—In addition to
(d) STATE MATCH.—The State cost share re- hosting of electric vehicle supply equipment or commitment authority otherwise available and
quirement under the item relating to ‘‘Depart- hydrogen fueling stations built out under a con- previously provided, the Secretary of Energy
ment of Energy—Energy Conservation’’ in title tract entered into under paragraph (5) or pursu- may make commitments to guarantee loans for
II of the Department of the Interior and Related ant to an agreement entered into under para- eligible projects under section 1703 of the Energy
Agencies Appropriations Act, 1985 (42 U.S.C. graph (6), except that the Secretary shall deter- Policy Act of 2005 up to a total principal
6323a; 98 Stat. 1861) shall not apply to assist- mine an appropriate amount of profit that an amount of $40,000,000,000, to remain available
ance provided under this section. entity may receive for the sale of electricity or until September 30, 2026: Provided, That for
(e) STATE DEFINED.—In this section, the term hydrogen and the operation and maintenance of amounts collected pursuant to section 1702(b)(2)
‘‘State’’ has the meaning given that term in sec- such electric vehicle supply equipment or hydro- of the Energy Policy Act of 2005, the source of
tion 3 of the Energy Policy and Conservation gen fueling stations. such payment received from borrowers may not
Act (42 U.S.C. 6202). (8) REALLOCATION OF FUNDS.—A State shall
be a loan or other debt obligation that is guar-
(f) ADMINISTRATIVE COSTS.—Of the amounts return to the Secretary any funds received
anteed by the Federal Government: Provided
made available under this section, the Secretary under subsection (a) that the State does not
further, That none of the loan guarantee au-
shall reserve 5 percent for administrative costs award within 3 years of receiving such funds,
thority made available by this section shall be
necessary to carry out this section. and the Secretary shall reallocate such funds to
available for any project unless the President
PART 3—ZERO-EMISSIONS VEHICLE other States.
(c) DEFINITIONS.—In this section: has certified in advance in writing that the loan
INFRASTRUCTURE guarantee and the project comply with the pro-
(1) ELECTRIC VEHICLE SUPPLY EQUIPMENT.—
SEC. 30431. ZERO-EMISSIONS VEHICLE INFRA- The term ‘‘electric vehicle supply equipment’’ visions under this section: Provided further,
STRUCTURE GRANTS. That none of such loan guarantee authority
means any conductors, including ungrounded,
(a) APPROPRIATIONS.—In addition to amounts grounded, and equipment grounding conduc- made available by this section shall be available
otherwise available, there is appropriated to the tors, electric vehicle connectors, attachment for commitments to guarantee loans for any
Secretary for fiscal year 2022, out of any money plugs, and all other fittings, devices, power out- projects where funds, personnel, or property
in the Treasury not otherwise appropriated, to lets, electrical equipment, stationary energy (tangible or intangible) of any Federal agency,
remain available through September 30, 2028, to storage systems, off-grid charging installations, instrumentality, personnel, or affiliated entity
be distributed to States in accordance with the or apparatuses installed specifically for the pur- are expected to be used (directly or indirectly)
formula for the State Energy Program estab- pose of delivering energy to an electric vehicle through acquisitions, contracts, demonstrations,
lished in part 420 of title 10, Code of Federal or to a battery intended to be used in an electric exchanges, grants, incentives, leases, procure-
Regulations (as in effect on January 1, 2021)— vehicle. ments, sales, other transaction authority, or
(1) $600,000,000 to carry out a program to pro- (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- other arrangements, to support the project or to
vide financial assistance to States to develop ty’’ means a local, Tribal, or territorial govern- obtain goods or services from the project: Pro-
and implement State programs described in sub- ment, a not-for-profit entity, a nonprofit entity, vided further, That the previous proviso shall
section (d)(5) of section 362 of the Energy Policy a metropolitan planning organization, or an en- not be interpreted as precluding the use of the
and Conservation Act (42 U.S.C. 6322), as part tity with fewer than 50 employees, as determined loan guarantee authority provided by this sec-
of an approved State energy conservation plan by the Secretary. tion for commitments to guarantee loans for—
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under that section, to carry out projects to build (3) LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIP- (1) projects as a result of such projects benefit-
out publicly accessible level 2 electric vehicle MENT.—The term ‘‘level 2 electric vehicle supply ting from otherwise allowable Federal tax bene-
supply equipment in rural communities or un- equipment’’ means electric vehicle supply equip- fits;
derserved or disadvantaged communities; ment that provides an alternating current power (2) projects as a result of such projects benefit-
(2) $200,000,000 to carry out a program to pro- source at a minimum of 208 volts. ting from being located on Federal land pursu-
vide financial assistance to States to develop (4) NETWORKED DIRECT CURRENT FAST CHARGE ant to a lease or right-of-way agreement for
and implement State programs described in sub- ELECTRIC VEHICLE SUPPLY EQUIPMENT.—The which all consideration for all uses is—
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H6416 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(A) paid exclusively in cash; ‘‘SEC. 1706. ENERGY COMMUNITY REINVESTMENT with the provision of energy-intensive goods or
(B) deposited in the Treasury as offsetting re- FINANCING PROGRAM. services.
ceipts; and ‘‘(a) APPROPRIATION.—In addition to amounts ‘‘(3) ENERGY COMMUNITY.—The term ‘energy
(C) equal to the fair market value; otherwise available, there is appropriated to the community’ means a community whose members
(3) projects as a result of such projects benefit- Secretary for fiscal year 2022, out of any money are or were engaged in providing, or have been
ting from the Federal insurance program under in the Treasury not otherwise appropriated, affected by the provision of, energy-intensive
section 170 of the Atomic Energy Act of 1954 (42 $5,000,000,000, to remain available until Sep- goods and services.
U.S.C. 2210); or tember 30, 2026, for the cost of providing finan- ‘‘(4) FINANCIAL SUPPORT.—The term ‘financial
(4) electric generation projects using trans- cial support under this section, the gross prin- support’ means any credit product or support
mission facilities owned or operated by a Fed- cipal amount of which shall not exceed the Secretary determines appropriate to imple-
eral Power Marketing Administration or the $250,000,000,000. ment this section, including—
Tennessee Valley Authority that have been au- ‘‘(b) ESTABLISHMENT.—Notwithstanding sec- ‘‘(A) a line of credit; and
thorized, approved, and financed independent tion 1702(f) and section 1703, and not later than ‘‘(B) a guarantee, including of a letter of
of the project receiving the guarantee. 180 days after the date of enactment of this sec- credit for the purposes of subsection (b)(3).’’.
(b) APPROPRIATION.—In addition to amounts tion, the Secretary shall establish a program to SEC. 30445. TRIBAL ENERGY LOAN GUARANTEE
otherwise available and previously provided, provide financial support, in such form and on PROGRAM.
there is appropriated to the Secretary of Energy such terms and conditions as the Secretary de- (a) APPROPRIATION.—In addition to amounts
for fiscal year 2022, out of any money in the termines appropriate, to eligible entities for the otherwise available, there is appropriated to the
Treasury not otherwise appropriated, purpose of making or enabling low-carbon rein- Secretary of Energy for fiscal year 2022, out of
$3,600,000,000, to remain available until Sep- vestments in energy communities, which such any money in the Treasury not otherwise appro-
tember 30, 2026, for the costs of guarantees made reinvestments may include— priated, $200,000,000, to remain available until
under section 1703 of the Energy Policy Act of ‘‘(1) supporting workers who are or have been September 30, 2028, to carry out section 2602(c)
2005, using the loan guarantee authority pro- engaged in providing, or have been affected by of the Energy Policy Act of 1992 (25 U.S.C.
vided under subsection (a) of this section. the provision of, energy-intensive goods or serv- 3502(c)).
(c) ADMINISTRATIVE EXPENSES.—Of the ices by helping such workers find employment (b) INCLUSIONS IN TITLE XVII DEFINITION OF
amount made available under subsection (b), the opportunities, including by providing training GUARANTEE.—Section 1701(4)(B) of the Energy
Secretary of Energy shall reserve 3 percent for and education; Policy Act of 2005 (42 U.S.C. 16511(4)(B)) is
administrative expenses to carry out title XVII ‘‘(2) redeveloping a community that is or was amended by striking the period at the end and
of the Energy Policy Act of 2005 and for car- engaged in providing, or has been affected by inserting ‘‘and, for purposes of minimizing fi-
rying out section 1702(h)(3) of such Act. the provision of, energy-intensive goods or serv- nancing costs, includes a guarantee by the Sec-
SEC. 30442. ADVANCED TECHNOLOGY VEHICLE ices; retary of 100 percent of the unpaid principal
MANUFACTURING. ‘‘(3) accelerating remediation of environ- and interest due on any obligation to the Fed-
(a) APPROPRIATION.—In addition to amounts mental damage caused by the provision of en- eral Financing Bank.’’.
ergy-intensive goods or services; and (c) DEPARTMENT OF ENERGY TRIBAL ENERGY
otherwise available, there is appropriated to the
‘‘(4) mitigating the effects on customers of any LOAN GUARANTEE PROGRAM.— Section 2602(c) of
Secretary of Energy for fiscal year 2022, out of
significant reduction in the carbon intensity of the Energy Policy Act of 1992 (25 U.S.C. 3502(c))
any money in the Treasury not otherwise appro-
goods or services provided by the eligible entity, is amended—
priated, $3,000,000,000, to remain available until (1) in paragraph (1), by striking ‘‘(as defined
September 30, 2028, for the costs of— including by the cost-effective abatement of
in section 502 of the Federal Credit Reform Act
(1) providing direct loans under section 136(d) greenhouse gas emissions from continuing oper-
of 1990 (2 U.S.C. 661a)) for an amount equal to
of the Energy Independence and Security Act of ations and the repowering, retooling,
not more than 90 percent of’’ and inserting ‘‘(as
2007 (42 U.S.C. 17013(d)); and repurposing, redeveloping, or remediating of
defined in section 1701 of the Energy Policy Act
(2) providing direct loans, in accordance with any long-lived assets, lands, or infrastructure
of 2005 (42 U.S.C. 16511)) for’’; and
section 136 of such Act, for reequipping, expand- currently or previously used by the eligible enti-
(2) in paragraph (4), by striking
ing, or establishing a manufacturing facility in ty primarily to support the provision of energy-
‘‘$2,000,000,000’’ and inserting ‘‘$20,000,000,000’’.
the United States to produce, or for engineering intensive goods or services.
integration performed in the United States of— ‘‘(c) APPLICATION REQUIREMENT.—To apply PART 5—ELECTRIC TRANSMISSION
(A) a medium duty vehicle or a heavy duty ve- for financial support provided under this sec- SEC. 30451. TRANSMISSION LINE AND INTERTIE
hicle; or tion, an eligible entity shall submit to the Sec- INCENTIVES.
(B) any of the following that emit, under any retary an application at such time, in such man- (a) APPROPRIATION.—In addition to amounts
possible operational mode or condition, zero ex- ner, and containing such information as the otherwise available, there is appropriated to the
haust emissions of any greenhouse gas: Secretary may require, which such application Secretary of Energy for fiscal year 2022, out of
(i) A train or locomotive. shall include— any money in the Treasury not otherwise appro-
(ii) A maritime vessel. ‘‘(1) a detailed plan describing the activities to priated, to remain available until September 30,
(iii) An aircraft. be carried out in accordance with subsection (b), 2030, $1,500,000,000 for purposes of providing
(iv) Hyperloop technology. including activities for the measurement, moni- grants under subsection (b) and for administra-
(b) ADMINISTRATIVE COSTS.—The Secretary toring, and verification of emissions of green- tive expenses associated with carrying out this
shall reserve $25,000,000 of amounts made avail- house gases; and section, and $500,000,000 for the costs of pro-
able under subsection (a) for administrative ‘‘(2) if the eligible entity is a utility subject to viding direct loans under subsection (b): Pro-
costs of providing loans as described in sub- regulation by a State commission or other State vided, That the Secretary shall not enter into
section (a). regulatory authority, assurances, as determined any loan agreement pursuant to this section
(c) ELIMINATION OF LOAN PROGRAM CAP.— appropriate by the Secretary, that such eligible that could result in disbursements after Sep-
Section 136(d)(1) of the Energy Independence entity shall pass through any financial benefit tember 30, 2031, or any grant agreement pursu-
and Security Act of 2007 (42 U.S.C. 17013(d)(1)) from the provision of any financial support ant to this section that could result in any out-
is amended by striking ‘‘a total of not more than under this section to its customers or energy lays after September 30, 2031: Provided further,
$25,000,000,000 in’’. communities. That none of such loan authority made avail-
SEC. 30443. DOMESTIC MANUFACTURING CONVER- ‘‘(d) OTHER REQUIREMENTS.— able by this section shall be available for loans
SION GRANTS. ‘‘(1) FEES.—Notwithstanding section for any projects where funds, personnel, or
(a) APPROPRIATION.—In addition to amounts 1702(h)(1), the Secretary shall charge and collect property (tangible or intangible) of any Federal
otherwise available, there is appropriated to the a fee from each eligible entity that received fi- agency, instrumentality, personnel, or affiliated
Secretary of Energy for fiscal year 2022, out of nancial support provided under this section in entity are expected to be used (directly or indi-
any money in the Treasury not otherwise appro- an amount the Secretary determines sufficient rectly) through acquisitions, contracts, dem-
priated, $3,500,000,000, to remain available until to cover applicable administrative expenses (in- onstrations, exchanges, grants, incentives,
expended, for grants relating to domestic pro- cluding any costs associated with third party leases, procurements, sales, other transaction
duction of plug-in electric hybrid, plug-in elec- consultants engaged by the Secretary). authority, or other arrangements to support the
tric drive, and hydrogen fuel cell electric vehi- ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU- project or to obtain goods or services from the
cles, in accordance with section 712 of the En- TION.—Any cost for any financial support pro- project: Provided further, That the previous pro-
ergy Policy Act of 2005 (42 U.S.C. 16062). vided under this section shall be paid in accord- viso shall not be interpreted as precluding the
(b) ADMINISTRATIVE COSTS.—The Secretary ance with subsection (b) of section 1702 (for pur- use of the loan authority provided by this sec-
shall reserve 3 percent of amounts made avail- poses of which any reference in such subsection tion for commitments to loans for: (1) projects
able under subsection (a) for administrative to a guarantee shall be considered to be a ref- benefitting from otherwise allowable Federal tax
costs of making grants described in such sub- erence to financial support). benefits; (2) projects benefitting from being lo-
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section (a) pursuant to section 712 of the Energy ‘‘(e) DEFINITIONS.—In this section: cated on Federal land pursuant to a lease or
Policy Act of 2005 (42 U.S.C. 16062). ‘‘(1) COST.—Notwithstanding section 1701, the right-of-way agreement for which all consider-
SEC. 30444. ENERGY COMMUNITY REINVESTMENT term ‘cost’ has the meaning given such term in ation for all uses is: (A) paid exclusively in
FINANCING. section 502 of the Federal Credit Reform Act of cash; (B) deposited in the Treasury as offsetting
Title XVII of the Energy Policy Act of 2005 is 1990 (2 U.S.C. 661a). receipts; and (C) equal to the fair market value;
amended by inserting after section 1705 (42 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti- (3) projects benefitting from the Federal insur-
U.S.C. 16516) the following: ty’ means any entity that is directly affiliated ance program under section 170 of the Atomic
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6417
Energy Act of 1954 (42 U.S.C. 2210); or (4) elec- (C) is capable of transmitting electricity— (A) to a siting authority upon approval by the
tric generation projects using transmission fa- (i) across any eligible intertie; siting authority of the applicable covered trans-
cilities owned or operated by a Federal Power (ii) from an offshore wind generating facility; mission project; and
Marketing Administration or the Tennessee Val- or (B) to any other State, local, or Tribal govern-
ley Authority that have been authorized, ap- (iii) along a route, or in a corridor, determined mental entity upon commencement of construc-
proved, and financed independent of the project by the Secretary of Energy to be necessary to tion of the applicable covered transmission
receiving the guarantee: Provided further, That meet interregional or national electricity trans- project in the area under the jurisdiction of the
none of the loan authority made available by mission needs. entity.
this section shall be available for any project (6) STATE COMMISSION; TRANSMISSION ORGANI- (d) RETURNING FUNDS.—If a siting authority
ZATION.—The terms ‘‘State commission’’ and that receives a grant for an activity described in
unless the President has certified in advance in
writing that the loan and the project comply ‘‘Transmission Organization’’ have the mean- subsection (b)(1) fails to use all grant funds
with the provisions under this section. ings given such terms in section 3 of the Federal within 2 years of receipt, the siting authority
(b) IN GENERAL.—Except as provided in sub- Power Act (16 U.S.C. 796). shall return to the Secretary any such unused
section (c), the Secretary of Energy may provide SEC. 30452. GRANTS TO FACILITATE THE SITING funds.
OF INTERSTATE ELECTRICITY
grants and direct loans to eligible entities to (e) DEFINITIONS.—In this section:
TRANSMISSION LINES.
construct new, or make upgrades to existing, eli- (1) COVERED TRANSMISSION PROJECT.—The
(a) APPROPRIATION.—In addition to amounts
gible transmission lines or eligible interties, in- term ‘‘covered transmission project’’ means a
otherwise available, there is appropriated to the
cluding the related facilities thereof, if the Sec- high-voltage interstate or offshore electricity
Secretary of Energy for fiscal year 2022, out of
retary of Energy determines that such construc- transmission line—
any money in the Treasury not otherwise appro- (A) that is proposed to be constructed and to
tion or upgrade would support— priated, $800,000,000, to remain available until
(1) a more robust and resilient electric grid; operate at a minimum of 275 kilovolts of either
September 30, 2029, for making grants in accord- alternating-current or direct-current electric en-
and
ance with this section and for administrative ex- ergy by an entity; and
(2) the integration of electricity from a clean
penses associated with carrying out this section. (B) for which such entity has applied, or in-
energy facility into the electric grid. (b) USE OF FUNDS.—
(c) OTHER REQUIREMENTS.— (1) IN GENERAL.—The Secretary may make a formed a siting authority of such entity’s intent
(1) INTEREST RATES.—The Secretary of Energy grant under this section to a siting authority to apply, for regulatory approval.
shall determine the rate of interest to charge on (2) SITING AUTHORITY.—The term ‘‘siting au-
for, with respect to a covered transmission
direct loans provided under subsection (b) by thority’’ means a State, local, or Tribal govern-
project, any of the following activities:
taking into consideration market yields on out- (A) Studies and analyses of the impacts of the mental entity with authority to make a final de-
standing marketable obligations of the United covered transmission project. termination regarding the siting, permitting, or
States of comparable maturities as of the date (B) Examination of up to 3 alternate siting regulatory status of a covered transmission
the loan is disbursed. corridors within which the covered transmission project that is proposed to be located in an area
(2) RECOVERY OF COSTS FOR GRANTS.—A grant project feasibly could be sited. under the jurisdiction of the entity.
provided under this section may not be used to (C) Hosting and facilitation of negotiations in (3) STATE.—The term ‘‘State’’ means a State,
cover the portion of costs for the construction of settlement meetings involving the siting author- the District of Columbia, or any territory or pos-
new, or for making upgrades to existing, eligible ity, the covered transmission project applicant, session of the United States.
transmission lines or eligible interties, including and opponents of the covered transmission SEC. 30453.ORGANIZED WHOLESALE ELEC-
the related facilities thereof, that are approved project, for the purpose of identifying and ad- TRICITY MARKET TECHNICAL AS-
for recovery through a Transmission Organiza- SISTANCE GRANTS.
dressing issues that are preventing approval of
tion, regional planning authority, governing or the application relating to the siting or permit- (a) APPROPRIATION.—In addition to amounts
ratemaking body of an electric cooperative, ting of the covered transmission project. otherwise available, there is appropriated to the
State commission, or another similar body. (D) Participation by the siting authority in Secretary for fiscal year 2022, out of any money
(3) NO DUPLICATE ASSISTANCE.—No eligible en- regulatory proceedings or negotiations in an- in the Treasury not otherwise appropriated,
tity may receive both a grant and a direct loan other jurisdiction, or under the auspices of a $40,000,000, to remain available until fiscal year
for the same construction of, or upgrade to, an Transmission Organization (as defined in sec- 2031, for purposes of carrying out a program to
eligible transmission line or eligible intertie tion 3 of the Federal Power Act (16 U.S.C. 796)) provide—
under this section. that is also considering the siting or permitting (1) technical assistance and grants to States to
(d) DEFINITIONS.—In this section: of the covered transmission project. evaluate forming, participating in, expanding,
(1) CLEAN ENERGY FACILITY.—The term ‘‘clean (E) Participation by the siting authority in or improving organized wholesale electricity
energy facility’’ means any electric generating regulatory proceedings at the Federal Energy markets; and
unit that does not emit carbon dioxide. Regulatory Commission or a State regulatory (2) grants to States to procure data or tech-
(2) DIRECT LOAN.—The term ‘‘direct loan’’ commission for determining applicable rates and nology systems related to forming, participating
means a disbursement of funds by the Govern- cost allocation for the covered transmission in, expanding, or improving organized wholesale
ment to a non-Federal borrower under a con- project. electricity markets.
tract that requires the repayment of such funds (F) Other measures and actions that may im- (b) APPLICATIONS.—To apply for technical as-
with or without interest. The term includes the prove the chances of, and shorten the time re- sistance or a grant provided under this section,
purchase of, or participation in, a loan made by quired for, approval by the siting authority of a State shall submit to the Secretary an applica-
another lender and financing arrangements that the application relating to the siting or permit- tion at such time, in such manner, and con-
defer payment for more than 90 days, including ting of the covered transmission project, as the taining such information as the Secretary may
the sale of a government asset on credit terms. Secretary determines appropriate. require.
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (2) ECONOMIC DEVELOPMENT.—The Secretary (c) DEFINITIONS.—In this section:
ty’’ means a non-Federal entity. may make a grant under this section to a siting (1) INDEPENDENT SYSTEM OPERATOR; REGIONAL
(4) ELIGIBLE INTERTIE.—The term ‘‘eligible authority, or other State, local, or Tribal gov- TRANSMISSION ORGANIZATION.—The terms ‘‘Inde-
intertie’’ means— ernmental entity, for economic development ac- pendent System Operator’’ and ‘‘Regional
(A) any interties across the seam between the tivities for communities that may be affected by Transmission Organization’’ have the meanings
Western Interconnection and the Eastern Inter- the construction and operation of a covered given such terms in section 3 of the Federal
connection; transmission project, provided that the Sec- Power Act (16 U.S.C. 796).
(B) the Pacific Northwest-Pacific Southwest retary shall not enter into any grant agreement (2) ORGANIZED WHOLESALE ELECTRICITY MAR-
Intertie; pursuant to this section that could result in any KET.—The term ‘‘organized wholesale electricity
(C) any interties between the Electric Reli- outlays after September 30, 2031. market’’ means an Independent System Oper-
ability Council of Texas and the Western Inter- (c) CONDITIONS.— ator or a Regional Transmission Organization.
connection or the Eastern Interconnection; or (1) FINAL DECISION ON APPLICATION.—In order (3) SECRETARY.—The term ‘‘Secretary’’ means
(D) such other interties that the Secretary de- to receive a grant for an activity described in the Secretary of Energy.
termines contribute to— subsection (b)(1), the Secretary shall require a (4) STATE.—The term ‘‘State’’ means a State
(i) a more robust and resilient electric grid; siting authority to agree, in writing, to reach a or the District of Columbia.
and final decision on the application relating to the SEC. 30454.
INTERREGIONAL AND OFFSHORE
(ii) the integration of electricity from a clean siting or permitting of the applicable covered WIND ELECTRICITY TRANSMISSION
energy facility into the electric grid. transmission project not later than 2 years after PLANNING, MODELING, AND ANAL-
(5) ELIGIBLE TRANSMISSION LINE.—The term the date on which such grant is provided, unless YSIS.
‘‘eligible transmission line’’ means an electric the Secretary authorizes an extension for good (a) APPROPRIATION.—In addition to amounts
power transmission line that— cause. otherwise available, there is appropriated to the
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(A) in the case of new construction under sub- (2) FEDERAL SHARE.—The Federal share of the Secretary of Energy for fiscal year 2022, out of
section (b), has a transmitting capacity of not cost of an activity described in subparagraph any money in the Treasury not otherwise appro-
less than 1,000 megawatts; (D) or (E) of subsection (b)(1) shall not exceed 50 priated, $100,000,000, to remain available until
(B) in the case of an upgrade made under sub- percent. September 30, 2031, to carry out this section.
section (b), the upgrade to which will increase (3) ECONOMIC DEVELOPMENT.—The Secretary (b) USE OF FUNDS.—The Secretary of Energy
its transmitting capacity by not less than 500 may only disburse grant funds for economic de- shall use amounts made available under sub-
megawatts; and velopment activities under subsection (b)(2)— section (a) to—
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H6418 CONGRESSIONAL RECORD — HOUSE November 18, 2021
(1) pay expenses associated with convening vide for the development of more efficient, accu- (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
relevant stakeholders, including States, genera- rate, and timely reviews for planning, permit- ty’’ means the owner or operator of an eligible
tion and transmission developers, regional ting, and approval processes through the hiring facility.
transmission organizations, independent system and training of personnel, the development of (3) ELIGIBLE FACILITY.—The term ‘‘eligible fa-
operators, environmental organizations, electric programmatic documents, the procurement of cility’’ means a domestic, non-Federal,
utilities, and other stakeholders the Secretary technical or scientific services for reviews, the nonpower industrial or manufacturing facility
determines appropriate, to address the develop- development of data or information systems, engaged in energy-intensive industrial proc-
ment of interregional electricity transmission stakeholder and community engagement, the esses, including production processes for iron,
and transmission of electricity that is generated purchase of new equipment for analysis, and steel, steel mill products, aluminum, cement,
by offshore wind; and the development of geographic information sys- concrete, glass, pulp, paper, and industrial ce-
(2) conduct planning, modeling, and analysis tems and other analysis tools, techniques, and ramics.
regarding interregional electricity transmission guidance to improve agency transparency, ac- (4) FINANCIAL ASSISTANCE.—The term ‘‘finan-
and transmission of electricity that is generated countability, and public engagement. cial assistance’’ means a grant, rebate, or coop-
by offshore wind, taking into account the local, (b) FEES AND CHARGES.—Section 3401(a) of the erative agreement.
regional, and national economic, reliability, re- Omnibus Budget Reconciliation Act of 1986 (42 (5) SECRETARY.—The term ‘‘Secretary’’ means
silience, security, public policy, and environ- U.S.C. 7178(a)) shall not apply to the costs in- the Secretary of Energy.
mental benefits of interregional electricity trans- curred by the Federal Energy Regulatory Com- PART 8—OTHER ENERGY MATTERS
mission and transmission of electricity that is mission in carrying out this section. SEC. 30481. OVERSIGHT.
generated by offshore wind, including planning, PART 7—INDUSTRIAL In addition to amounts otherwise available,
modeling, and analysis, as the Secretary deter- SEC. 30471. ADVANCED INDUSTRIAL FACILITIES there is appropriated to the Department of En-
mines appropriate, pertaining to— DEPLOYMENT PROGRAM. ergy for fiscal year 2022, out of any money in
(A) clean energy integration into the electric (a) APPROPRIATION.—In addition to amounts the Treasury not otherwise appropriated,
grid, including the identification of renewable otherwise available, there is appropriated to the $5,000,000, to remain available until September
energy zones; Secretary of Energy for fiscal year 2022, out of 30, 2031, for oversight by the Department of En-
(B) the effects of changes in weather due to any money in the Treasury not otherwise appro- ergy Office of Inspector General of the Depart-
climate change on the reliability and resilience priated, $4,000,000,000, to remain available until ment of Energy activities for which funding is
of the electric grid; September 30, 2026, to carry out this section. appropriated in this subtitle.
(C) cost allocation methodologies that facili- (b) PROGRAM.—The Secretary shall use funds SEC. 30482. ENERGY INFORMATION ADMINISTRA-
tate the expansion of the bulk power system; appropriated by subsection (a) to establish a TION.
(D) the benefits of coordination between gen- program to provide financial assistance, on a
erator interconnection processes and trans- In addition to amounts otherwise available,
competitive basis, to eligible entities to carry out there is appropriated to the Administrator of the
mission planning processes; projects for—
(E) the effect of increased electrification on Energy Information Administration for fiscal
(1) the purchase and installation, or imple- year 2022, out of any money in the Treasury not
the electric grid; mentation, of advanced industrial technology at
(F) power flow modeling; otherwise appropriated, $40,000,000, to remain
an eligible facility; available until September 30, 2031, for data col-
(G) the benefits of increased interconnections (2) retrofits, upgrades to, or operational im-
or interties between or among the Western Inter- lection, research, and analysis activities.
provements at an eligible facility to install or
connection, the Eastern Interconnection, the implement advanced industrial technology; or Subtitle E—Affordable Health Care Coverage
Electric Reliability Council of Texas, and other (3) engineering studies and other work needed SEC. 30601. ENSURING AFFORDABILITY OF COV-
interconnections, as applicable; to prepare an eligible facility for activities de- ERAGE FOR CERTAIN LOW-INCOME
(H) the cooptimization of transmission and POPULATIONS.
scribed in paragraph (1) or (2).
generation, including variable energy resources, (c) APPLICATION.—To be eligible to receive fi- (a) REDUCING COST SHARING UNDER QUALI-
energy storage, and demand-side management; nancial assistance under the program estab- FIED HEALTH PLANS.—Section 1402 of the Pa-
(I) the opportunities for use of nontrans- lished under subsection (b), an eligible entity tient Protection and Affordable Care Act (42
mission alternatives, energy storage, and grid- shall submit to the Secretary an application at U.S.C. 18071) is amended—
enhancing technologies; such time, in such manner, and containing such (1) in subsection (b)—
(J) economic development opportunities for information as the Secretary may require, in- (A) in paragraph (2), by inserting ‘‘(or, with
communities arising from development of inter- cluding the expected greenhouse gas emissions respect to plan years 2023, 2024, and 2025, whose
regional electricity transmission and trans- reductions to be achieved by carrying out the household income does not exceed 400 percent of
mission of electricity that is generated by off- project. the poverty line for a family of the size in-
shore wind; (d) PRIORITY.—In providing financial assist- volved)’’ before the period; and
(K) evaluation of existing rights-of-way and ance under the program established under sub- (B) in the matter following paragraph (2), by
the need for additional transmission corridors; section (b), the Secretary shall give priority con- adding at the end the following new sentence:
and sideration to projects on the basis of, as deter- ‘‘In the case of an individual who is determined
(L) a planned national transmission grid, mined by the Secretary— at any point to have a household income for
which would include a networked transmission (1) the expected greenhouse gas emissions re- 2022 that does not exceed 138 percent of the pov-
system to optimize the existing grid for inter- ductions to be achieved by carrying out the erty line for a family of the size involved, such
connection of offshore wind farms. project; individual shall, for each month during such
PART 6—ENVIRONMENTAL REVIEWS (2) the extent to which the project would pro- year, be treated as having a household income
vide the greatest benefit for the greatest number equal to 100 percent for purposes of applying
SEC. 30461. DEPARTMENT OF ENERGY.
of people within the area in which the eligible this section.’’; and
In addition to amounts otherwise available, (2) in subsection (c)—
there is appropriated to the Department of En- facility is located; and
(3) whether the eligible entity participates or (A) in paragraph (1)(A), in the matter pre-
ergy for fiscal year 2022, out of any money in ceding clause (i), by inserting ‘‘, with respect to
would participate in a partnership with pur-
the Treasury not otherwise appropriated, eligible insureds (other than, with respect to
chasers of the output of the eligible facility.
$125,000,000, to remain available until September plan years 2023, 2024, and 2025, specified enroll-
(e) COST SHARE.—The Secretary may require
30, 2031, to provide for the development of more ees (as defined in paragraph (6)(C))),’’ after
an eligible entity to provide not more than 50
efficient, accurate, and timely reviews for plan- ‘‘first be achieved’’;
percent of the cost of a project carried out pur-
ning, permitting, and approval processes (B) in paragraph (2), in the matter preceding
suant to this section.
through the hiring and training of personnel, (f) ADMINISTRATIVE COSTS.—The Secretary subparagraph (A), by inserting ‘‘with respect to
the development of programmatic documents, shall reserve $200,000,000 of amounts made avail- eligible insureds (other than, with respect to
the procurement of technical or scientific serv- able under subsection (a) for administrative plan years 2023, 2024, and 2025, specified enroll-
ices for reviews, the development of data or in- costs of carrying out this section. ees)’’ after ‘‘under the plan’’;
formation systems, stakeholder and community (g) DEFINITIONS.— (C) in paragraph (3)—
engagement, the purchase of new equipment for (1) ADVANCED INDUSTRIAL TECHNOLOGY.—The (i) in subparagraph (A), by striking ‘‘this sub-
analysis, and the development of geographic in- term ‘‘advanced industrial technology’’ means section’’ and inserting ‘‘paragraph (1) or (2)’’;
formation systems and other analysis tools, technology or processes designed to accelerate and
techniques, and guidance to improve agency greenhouse gas emissions reduction progress to (ii) in subparagraph (B), by striking ‘‘this sec-
transparency, accountability, and public en- net-zero at an eligible facility, as determined by tion’’ and inserting ‘‘paragraphs (1) and (2)’’;
gagement. the Secretary, including— and
SEC. 30462. FEDERAL ENERGY REGULATORY COM- (A) industrial energy efficiency technologies; (D) by adding at the end the following new
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MISSION. (B) equipment to electrify industrial processes; paragraph:
(a) IN GENERAL.—In addition to amounts oth- (C) equipment to utilize low- or zero-carbon ‘‘(6) SPECIAL RULE FOR SPECIFIED ENROLL-
erwise available, there is appropriated to the fuels, feedstocks, and energy sources; EES.—
Federal Energy Regulatory Commission for fis- (D) low- or zero-carbon process heat systems; ‘‘(A) IN GENERAL.—The Secretary shall estab-
cal year 2022, out of any money in the Treasury and lish procedures under which the issuer of a
not otherwise appropriated, $75,000,000, to re- (E) carbon capture, transport, utilization, and qualified health plan to which this section ap-
main available until September 30, 2031, to pro- storage systems. plies shall reduce cost-sharing under the plan
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6419
with respect to months occurring during plan that does not exceed 138 percent of the poverty ‘‘(i) The term ‘non-ACA compliant health in-
years 2023, 2024, and 2025 for enrollees who are line for a family of the size involved, and who surance coverage’ means health insurance cov-
specified enrollees (as defined in subparagraph is eligible to receive cost-sharing reductions erage, or a group health plan, that is not a
(C)) in a manner sufficient to increase the under section 1402.’’; and qualified health plan.
plan’s share of the total allowed costs of bene- (2) by adding at the end the following new ‘‘(ii) Such term includes the following:
fits provided under the plan to 99 percent of paragraph: ‘‘(I) An association health plan.
such costs. ‘‘(5) ADDITIONAL BENEFITS FOR CERTAIN LOW- ‘‘(II) Short-term limited duration insurance.
‘‘(B) METHODS FOR REDUCING COST SHARING.— INCOME INDIVIDUALS FOR PLAN YEAR 2024 AND ‘‘(D) FUNDING.—In addition to amounts other-
‘‘(i) IN GENERAL.—An issuer of a qualified 2025.— wise available, there is appropriated, out of any
health plan making reductions under this para- ‘‘(A) IN GENERAL.— money in the Treasury not otherwise appro-
graph shall notify the Secretary of such reduc- ‘‘(i) BENEFITS.—For purposes of paragraph priated, to remain available until expended,
tions and the Secretary shall, out of funds made (1)(D), the benefits described in this paragraph $105,000,000 for fiscal year 2022 to carry out this
available under clause (ii), make periodic and to be provided by a qualified health plan are paragraph, of which—
timely payments to the issuer equal to 12 percent benefits consisting of— ‘‘(i) $15,000,000 shall be used to carry out this
of the total allowed costs of benefits provided ‘‘(I) non-emergency medical transportation paragraph in fiscal year 2022; and
under each such plan to specified enrollees dur- services (as described in section 1902(a)(4) of the ‘‘(ii) $30,000,000 shall be used to carry out this
ing plan years 2023, 2024, and 2025. Social Security Act) for which Federal payments paragraph for each of fiscal years 2023 through
‘‘(ii) APPROPRIATION.—In addition to amounts would have been available under title XIX of 2025.’’.
otherwise available, there are appropriated, out the Social Security Act had such services been (2) NAVIGATOR PROGRAM.—Section 1311(i)(6) of
of any money in the Treasury not otherwise ap- furnished to an individual enrolled under a the Patient Protection and Affordable Care Act
propriated, such sums as may be necessary to State plan (or waiver of such plan) under such (42 U.S.C. 18031(i)(6)) is amended—
the Secretary to make payments under clause title; and (A) by striking ‘‘FUNDING.—Grants under’’
‘‘(II) services described in subsection (a)(4)(C) and inserting ‘‘FUNDING.—
(i).
of section 1905 of such Act for which Federal ‘‘(A) STATE EXCHANGES.—Grants under’’; and
‘‘(C) SPECIFIED ENROLLEE DEFINED.—For pur-
payments would have been so available; (B) by adding at the end the following new
poses of this section, the term ‘specified enrollee’
which are not otherwise provided under such subparagraph:
means, with respect to a plan year, an eligible
plan as part of the essential health benefits ‘‘(B) FEDERAL EXCHANGES.—For purposes of
insured who is determined at any point to have
package described in section 1302(a). carrying out this subsection, with respect to an
a household income for such plan year that does ‘‘(ii) CONDITION ON PROVISION OF BENEFITS.—
not exceed 138 percent of the poverty line for a Exchange established and operated by the Sec-
Benefits described in this paragraph shall be retary within a State pursuant to section
family of the size involved. Such insured shall provided—
be deemed to be a specified enrollee for each 1321(c), the Secretary shall obligate not less
‘‘(I) without any restriction on the choice of a
month in such plan year.’’. than $10,000,000 out of amounts collected
qualified provider from whom an individual may
(b) OPEN ENROLLMENTS APPLICABLE TO CER- through the user fees on participating health in-
receive such benefits; and
TAIN LOWER-INCOME POPULATIONS.—Section surance issuers pursuant to section 156.50 of
‘‘(II) without any imposition of cost sharing.
1311(c) of the Patient Protection and Affordable ‘‘(B) PAYMENTS FOR ADDITIONAL BENEFITS.— title 45, Code of Federal Regulations (or any
Care Act (42 U.S.C. 18031(c)) is amended— ‘‘(i) IN GENERAL.—An issuer of a qualified successor regulations) for fiscal year 2022, and
(1) in paragraph (6)— health plan making payments for services de- not less than $20,000,000 for each of fiscal years
(A) in subparagraph (C), by striking at the scribed in subparagraph (A) furnished to indi- 2023, 2024, and 2025. Such amount so obligated
end ‘‘and’’; viduals described in paragraph (1)(D) during for a fiscal year shall remain available until ex-
(B) in subparagraph (D), by striking the pe- plan year 2024 or 2025 shall notify the Secretary pended.’’.
riod at the end and inserting ‘‘; and’’; and of such payments and the Secretary shall, out of (e) FUNDING.—In addition to amounts other-
(C) by adding at the end the following new funds made available under clause (ii), make wise available, there is appropriated to the Sec-
subparagraph: periodic and timely payments to the issuer equal retary of Health and Human Services for fiscal
‘‘(E) with respect to a qualified health plan to payments for such services so furnished. year 2022, out of any money in the Treasury not
with respect to which section 1402 applies, for ‘‘(ii) APPROPRIATION.—In addition to amounts otherwise appropriated, $65,000,000, to remain
months occurring during the period beginning otherwise available, there is appropriated, out available until expended, for purposes of car-
on January 1, 2022, and ending on December 31, of any money in the Treasury not otherwise ap- rying out the provisions of, and the amendments
2025, enrollment periods described in subpara- propriated, such sums as may be necessary to made by, this section, section 30602, and section
graph (A) of paragraph (8) for individuals de- the Secretary to make payments under clause 30603.
scribed in subparagraph (B) of such para- (i).’’. SEC. 30602. ESTABLISHING A HEALTH INSURANCE
graph.’’; and (d) EDUCATION AND OUTREACH ACTIVITIES.—— AFFORDABILITY FUND.
(2) by adding at the end the following new (1) IN GENERAL.—Section 1321(c) of the Patient (a) IN GENERAL.—Subtitle D of title I of the
paragraph: Protection and Affordable Care Act (42 U.S.C. Patient Protection and Affordable Care Act is
‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER- 18041(c)) is amended by adding at the end the amended by inserting after section 1343 (42
TAIN LOW-INCOME POPULATIONS.— following new paragraph: U.S.C. 18063) the following new part:
‘‘(A) IN GENERAL.—The enrollment period de- ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI- ‘‘PART 6—IMPROVE HEALTH INSURANCE
scribed in this paragraph is, in the case of an TIES.— AFFORDABILITY FUND
individual described in subparagraph (B), the ‘‘(A) IN GENERAL.—In the case of an Exchange
‘‘SEC. 1351. ESTABLISHMENT OF PROGRAM.
continuous period beginning on the first day established or operated by the Secretary within
that such individual is so described. a State pursuant to this subsection, the Sec- ‘‘There is hereby established the ‘Improve
‘‘(B) INDIVIDUAL DESCRIBED.—For purposes of retary shall carry out outreach and educational Health Insurance Affordability Fund’ to be ad-
subparagraph (A), an individual described in activities for purposes of informing individuals ministered by the Secretary of Health and
this subparagraph is an individual— described in section 1902(a)(10)(A)(i)(VIII) of the Human Services, acting through the Adminis-
‘‘(i) with a household income that does not ex- Social Security Act who reside in States that trator of the Centers for Medicare & Medicaid
ceed 138 percent of the poverty line for a family have not expended amounts under a State plan Services (in this section referred to as the ‘Ad-
of the size involved; and (or waiver of such plan) under title XIX of such ministrator’), to provide funding, in accordance
‘‘(ii) who is not eligible for minimum essential Act for all such individuals about qualified with this part, to the 50 States and the District
coverage (as defined in section 5000A(f) of the health plans offered through the Exchange, in- of Columbia (each referred to in this section as
Internal Revenue Code of 1986), other than for cluding by informing such individuals of the a ‘State’) beginning on January 1, 2023, for the
coverage described in any of subparagraphs (B) availability of coverage under such plans and purposes described in section 1352.
through (E) of paragraph (1) of such section.’’. financial assistance for coverage under such ‘‘SEC. 1352. USE OF FUNDS.
(c) ADDITIONAL BENEFITS FOR CERTAIN LOW- plans. Such outreach and educational activities ‘‘(a) IN GENERAL.—A State shall use the funds
INCOME INDIVIDUALS FOR PLAN YEARS 2024 AND shall be provided in a manner that is culturally allocated to the State under this part for one of
2025.—Section 1301(a) of the Patient Protection and linguistically appropriate to the needs of the following purposes:
and Affordable Care Act (42 U.S.C. 18021(a)) is the populations being served by the Exchange ‘‘(1) To provide reinsurance payments to
amended— (including hard-to-reach populations, such as health insurance issuers with respect to individ-
(1) in paragraph (1)— racial and sexual minorities, limited English uals enrolled under individual health insurance
(A) in subparagraph (B), by striking ‘‘and’’ at proficient populations, individuals residing in coverage (other than through a plan described
the end; areas where the unemployment rates exceeds the in subsection (b)) offered by such issuers.
(B) in subparagraph (C)(iv), by striking the national average unemployment rate, individ- ‘‘(2) To provide assistance (other than
period and inserting ‘‘; and’’; and uals in rural areas, veterans, and young through payments described in paragraph (1)) to
dlhill on DSK120RN23PROD with HOUSE
(C) by adding at the end the following new adults). reduce out-of-pocket costs, such as copayments,
subparagraph: ‘‘(B) LIMITATION ON USE OF FUNDS.—No funds coinsurance, premiums, and deductibles, of indi-
‘‘(D) provides, with respect to a plan offered appropriated under this paragraph shall be used viduals enrolled under qualified health plans of-
in the silver level of coverage to which section for expenditures for promoting non-ACA compli- fered on the individual market through an Ex-
1402 applies during plan year 2024 and 2025, for ant health insurance coverage. change and of individuals enrolled under stand-
benefits described in paragraph (5) in the case ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE ard health plans offered through a basic health
of an individual who has a household income COVERAGE.—For purposes of subparagraph (B): program established under section 1331.
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H6420 CONGRESSIONAL RECORD — HOUSE November 18, 2021
‘‘(b) EXCLUSION OF CERTAIN GRANDFATHERED ‘‘(2) SPECIFIED USE.—The amount described in enue Code of 1986 that would be attributable to
PLANS, TRANSITIONAL PLANS, STUDENT HEALTH paragraph (3), with respect to a State described individuals residing in such State for such year
PLANS, AND EXCEPTED BENEFITS.—For purposes in paragraph (5) for 2023, 2024, or 2025, shall be without application of this part; exceeds
of subsection (a), a plan described in this sub- used to carry out the purpose described in sec- ‘‘(II) the estimated amount of premium tax
section is the following: tion 1352(a)(1) in such State for such year, as credits under section 36B of the Internal Rev-
‘‘(1) A grandfathered health plan (as defined applicable, by providing reinsurance payments enue Code of 1986 that would be attributable to
in section 1251). to health insurance issuers with respect to at- individuals residing in such State for such year
‘‘(2) A plan (commonly referred to as a ‘tran- tachment range claims (as defined in section if section 1353(b) applied for such year and ap-
sitional plan’) continued under the letter issued 1354(b)(2), using the dollar amounts specified in plied with respect to such State for such year.
by the Centers for Medicare & Medicaid Services subparagraph (B) of such section for such year) For purposes of the previous sentence and sec-
on November 14, 2013, to the State Insurance in an amount equal to, subject to paragraph (4), tion 1353(b)(3), the term ‘attachment range
Commissioners outlining a transitional policy the percentage (specified for such year by the claims’ means, with respect to an individual, the
for coverage in the individual and small group Secretary under such subparagraph) of the claims for such individual that exceed a dollar
markets to which section 1251 does not apply, amount of such claims. amount specified by the Secretary for a year,
and under the extension of the transitional pol- ‘‘(3) AMOUNT DESCRIBED.—The amount de- but do not exceed a ceiling dollar amount speci-
icy for such coverage set forth in the Insurance scribed in this paragraph, with respect to 2023, fied by the Secretary for such year, under sub-
Standards Bulletin Series guidance issued by 2024, or 2025, is the amount equal to the total paragraph (B).
the Centers for Medicare & Medicaid Services on sum of amounts that the Secretary would other- ‘‘(B) SPECIFICATIONS.—For purposes of sub-
March 5, 2014, February 29, 2016, February 13, wise estimate under section 1354(b)(2)(A)(i) for paragraph (A) and section 1353(b)(3), the Sec-
2017, April 9, 2018, March 25, 2019, January 31, retary shall determine the dollar amounts and
such year for each State described in paragraph
2020, and January 19, 2021, or under any subse- the percentage to be specified under this sub-
(5) for such year, as applicable, if each such
quent extensions thereof. paragraph for a year in a manner to ensure that
State were not so described for such year.
‘‘(3) Student health insurance coverage (as ‘‘(4) ADJUSTMENT.—For purposes of this sub- the total amount of expenditures under this part
defined in section 147.145 of title 45, Code of section, the Secretary may apply a percentage for such year is estimated to equal the total
Federal Regulations, or any successor regula- under paragraph (3) with respect to a year that amount appropriated for such year under sub-
tion). section (a) if such expenditures were used solely
is less than the percentage otherwise specified in
‘‘(4) Excepted benefits (as defined in section for the purpose described in paragraph (1) of
section 1354(b)(2)(B) for such year, if the cost of
2791(c) of the Public Health Service Act). section 1352(a) for attachment range claims at
paying the total eligible attachment range
‘‘SEC. 1353. STATE ELIGIBILITY AND APPROVAL; the dollar amounts and percentage so specified
DEFAULT SAFEGUARD. claims for States described in paragraph (5) for
for such year.
‘‘(a) ENCOURAGING STATE OPTIONS FOR ALLO- such year at such percentage otherwise specified ‘‘(3) AVAILABILITY.—Funds allocated to a
CATIONS.—
would exceed the amount calculated under State under this subsection for a year shall re-
‘‘(1) IN GENERAL.—Subject to subsection (b), to paragraph (3) for such year. main available through the end of the subse-
be eligible for an allocation of funds under this ‘‘(5) STATE DESCRIBED.—A State described in quent year.’’.
part for a year (beginning with 2023), a State this paragraph, with respect to years 2023, 2024, (b) BASIC HEALTH PROGRAM FUNDING ADJUST-
shall submit to the Administrator an application and 2025, is a State that, as of January 1 of MENTS.—Section 1331 of the Patient Protection
at such time (but, in the case of allocations for 2022, 2023, or 2024, respectively, was not expend- and Affordable Care Act (42 U.S.C. 18051) is
2023, not later than 120 days after the date of ing amounts under the State plan (or waiver of amended—
the enactment of this part and, in the case of al- such plan) for all individuals described in sec- (1) in subsection (a), by adding at the end the
locations for a subsequent year, not later than tion 1902(a)(10)(A)(i)(VIII) during such year. following new paragraph:
January 1 of the previous year) and in such ‘‘SEC. 1354. ALLOCATIONS. ‘‘(3) PROVISION OF INFORMATION ON QUALIFIED
form and manner as specified by the Adminis- ‘‘(a) APPROPRIATION.—In addition to amounts HEALTH PLAN PREMIUMS.—
trator containing— otherwise available, there is appropriated, out ‘‘(A) IN GENERAL.—For plan years beginning
‘‘(A) a description of how the funds will be of any money in the Treasury not otherwise ap- on or after January 1, 2023, the program de-
used; and propriated, $10,000,000,000 for 2023 and each scribed in paragraph (1) shall provide that a
‘‘(B) such other information as the Adminis- subsequent year through 2025 to provide alloca- State may not establish a basic health program
trator may require. tions for States under subsection (b) and pay- unless such State furnishes to the Secretary,
‘‘(2) AUTOMATIC APPROVAL.—An application ments under section 1353(b). with respect to each qualified health plan of-
so submitted is approved (as outlined in the ‘‘(b) ALLOCATIONS.— fered in such State during a year that receives
terms of the plan) unless the Administrator noti- ‘‘(1) PAYMENT.— any reinsurance payment from funds made
fies the State submitting the application, not ‘‘(A) IN GENERAL.—From amounts appro- available under part 6 for such year, the ad-
later than 90 days after the date of the submis- priated under subsection (a) for a year, the Sec- justed premium amount (as defined in subpara-
sion of such application, that the application retary shall, with respect to a State not de- graph (B)) for each such plan and year.
has been denied for not being in compliance scribed in section 1353(b) for such year and not ‘‘(B) ADJUSTED PREMIUM AMOUNT DEFINED.—
with any requirement of this part and of the later than the date specified under subpara- For purposes of subparagraph (A), the term ‘ad-
reason for such denial. graph (B) for such year, allocate for such State justed premium amount’ means, with respect to
‘‘(3) SUBSEQUENT YEAR APPLICATION AP- the amount determined for such State and year a qualified health plan and a year, the monthly
PROVAL.—If an application of a State is ap- under paragraph (2). premium for such plan and year that would
proved for a purpose described in section 1352 ‘‘(B) SPECIFIED DATE.—For purposes of sub- have applied had such plan not received any
for a year, such application shall be treated as paragraph (A), the date specified in this sub- payments described in subparagraph (A) for
approved for such purpose for each of subse- paragraph is— such year.’’; and
quent year through 2025. ‘‘(i) for 2023, the date that is 90 days after the (2) in subsection (d)(3)(A)(ii), by adding at the
‘‘(4) OVERSIGHT AUTHORITY AND AUTHORITY TO date of the enactment of this part; and end the following new sentence: ‘‘In making
REVOKE APPROVAL.— ‘‘(ii) for 2024 or 2025, January 1 of the pre- such determination, the Secretary shall cal-
‘‘(A) OVERSIGHT.—The Secretary may conduct vious year. culate the value of such premium tax credits
periodic reviews of the use of funds provided to ‘‘(C) NOTIFICATIONS OF ALLOCATION that would have been provided to such individ-
a State under this section, with respect to a pur- AMOUNTS.—For 2024 and 2025, the Secretary uals enrolled through a basic health program es-
pose described in section 1352, to ensure the shall notify each State of the amount deter- tablished by a State during a year using the ad-
State uses such funds for such purpose and oth- mined for such State under paragraph (2) for justed premium amounts (as defined in sub-
erwise complies with the requirements of this such year by not later than January 1 of the section (a)(3)(B)) for qualified health plans of-
section. previous year. fered in such State during such year.’’.
‘‘(B) REVOCATION OF APPROVAL.—The ap- ‘‘(2) ALLOCATION AMOUNT DETERMINATIONS.— (c) IMPLEMENTATION AUTHORITY.—The Sec-
proval of an application of a State, with respect ‘‘(A) IN GENERAL.—For purposes of paragraph retary of Health and Human Services may im-
to a purpose described in section 1352, may be (1), the amount determined under this para- plement the provisions of, and the amendments
revoked if the State fails to use funds provided graph for a year for a State described in para- made by, this section by subregulatory guidance
to the State under this section for such purpose graph (1)(A) for such year is the amount equal or otherwise.
or otherwise fails to comply with the require- to— SEC. 30603. FUNDING FOR THE PROVISION OF
ments of this section. ‘‘(i) the amount that the Secretary estimates HEALTH INSURANCE CONSUMER IN-
‘‘(b) DEFAULT FEDERAL SAFEGUARD FOR 2023, would be expended under this part for such year FORMATION.
2024, AND 2025 FOR CERTAIN STATES.— on attachment range claims of individuals resid- Section 2793(e) of the Public Health Service
‘‘(1) IN GENERAL.—For 2023, 2024, and 2025, in ing in such State if such State used such funds Act (42 U.S.C. 300gg–93(e)) is amended by add-
the case of a State described in paragraph (5), only for the purpose described in paragraph (1) ing at the end the following new paragraph:
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with respect to such year, the State shall not be of section 1352(a) at the dollar amounts and per- ‘‘(3) FUNDING FOR 2022 THROUGH 2025.—In addi-
eligible to submit an application under sub- centage specified under subparagraph (B) for tion to amounts otherwise available, there is ap-
section (a), and the Administrator, in consulta- such year; minus propriated, out of any money in the Treasury
tion with the applicable State authority, shall ‘‘(ii) the amount, if any, by which the Sec- not otherwise appropriated, $100,000,000 for
from the amount calculated under paragraph (3) retary determines— 2022, to remain available until expended, of
for such year, carry out the purpose described ‘‘(I) the estimated amount of premium tax which $25,000,000 shall be used for each of 2022
in paragraph (2) in such State for such year. credits under section 36B of the Internal Rev- through 2025 to carry out this section.’’.
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6421
SEC. 30604. REQUIREMENTS WITH RESPECT TO (c) COVERAGE OF CERTAIN INSULIN PRODUCTS ‘‘(B) a list of each drug covered by such plan,
COST-SHARING FOR INSULIN PROD- UNDER CATASTROPHIC PLANS.—Section 1302(e) of issuer, or entity providing pharmacy benefit
UCTS. the Patient Protection and Affordable Care Act management services that was dispensed during
(a) IN GENERAL.—Part D of title XXVII of the (42 U.S.C. 18022(e)) is amended by adding at the the reporting period, including, with respect to
Public Health Service Act (42 U.S.C. 300gg–111 et end the following: each such drug during the reporting period—
seq.) is amended by adding at the end the fol- ‘‘(4) COVERAGE OF CERTAIN INSULIN PROD- ‘‘(i) the brand name, chemical entity, and Na-
lowing: UCTS.— tional Drug Code;
‘‘SEC. 2799A–11. REQUIREMENTS WITH RESPECT ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(ii) the number of participants and bene-
TO COST-SHARING FOR CERTAIN IN- graph (1)(B)(i), a health plan described in para- ficiaries for whom the drug was filled during the
SULIN PRODUCTS. graph (1) shall provide coverage of selected in- plan year, the total number of prescription fills
‘‘(a) IN GENERAL.—For plan years beginning sulin products, in accordance with section for the drug (including original prescriptions
on or after January 1, 2023, a group health plan 2799A–11 of the Public Health Service Act, for a and refills), and the total number of dosage
or health insurance issuer offering group or in- plan year before an enrolled individual has in- units of the drug dispensed across the plan
dividual health insurance coverage shall pro- curred cost-sharing expenses in an amount year, including whether the dispensing channel
vide coverage of selected insulin products, and equal to the annual limitation in effect under was by retail, mail order, or specialty pharmacy;
with respect to such products, shall not— subsection (c)(1) for the plan year. ‘‘(iii) the wholesale acquisition cost, listed as
‘‘(1) apply any deductible; or ‘‘(B) TERMINOLOGY.—For purposes of sub- cost per days supply and cost per pill, or in the
‘‘(2) impose any cost-sharing in excess of the paragraph (A)— case of a drug in another form, per dose;
lesser of, per 30-day supply— ‘‘(i) the term ‘selected insulin products’ has ‘‘(iv) the total out-of-pocket spending by par-
‘‘(A) $35; or the meaning given such term in section 2799A– ticipants and beneficiaries on such drug, includ-
‘‘(B) the amount equal to 25 percent of the ne- 11(b) of the Public Health Service Act; and ing participant and beneficiary spending
gotiated price of the selected insulin product net ‘‘(ii) the requirements of section 2799A–11 of through copayments, coinsurance, and
of all price concessions received by or on behalf such Act shall be applied by deeming each ref- deductibles; and
of the plan or coverage, including price conces- erence in such section to ‘individual health in- ‘‘(v) for any drug for which gross spending of
sions received by or on behalf of third-party en- surance coverage’ to be a reference to a plan de- the group health plan or health insurance cov-
tities providing services to the plan or coverage, scribed in paragraph (1).’’. erage exceeded $10,000 during the reporting pe-
such as pharmacy benefit management services. SEC. 30605. COST-SHARING REDUCTIONS FOR IN- riod—
‘‘(b) DEFINITIONS.—In this section: DIVIDUALS RECEIVING UNEMPLOY- ‘‘(I) a list of all other drugs in the same thera-
‘‘(1) SELECTED INSULIN PRODUCTS.—The term MENT COMPENSATION. peutic category or class, including brand name
‘selected insulin products’ means at least one of Section 1402(f) of the Patient Protection and drugs and biological products and generic drugs
each dosage form (such as vial, pump, or inhaler Affordable Care Act (42 U.S.C. 18071(f)) is or biosimilar biological products that are in the
dosage forms) of each different type (such as amended— same therapeutic category or class as such drug;
rapid-acting, short-acting, intermediate-acting, (1) in the header, by striking ‘‘2021’’ and in- and
long-acting, ultra long-acting, and premixed) of serting ‘‘CERTAIN YEARS’’; ‘‘(II) the rationale for preferred formulary
insulin (as defined below), when available, as (2) in the matter preceding paragraph (1), by placement of such drug in that therapeutic cat-
selected by the group health plan or health in- striking ‘‘2021’’ and inserting ‘‘any of years 2021 egory or class;
surance issuer. through 2022’’; and ‘‘(C) a list of each therapeutic category or
‘‘(2) INSULIN DEFINED.—The term ‘insulin’ (3) in paragraph (2), by striking ‘‘133 percent’’ class of drugs that were dispensed under the
means insulin that is licensed under subsection and inserting ‘‘150 percent’’. health plan or health insurance coverage during
(a) or (k) of section 351 and continues to be mar- SEC. 30606. OVERSIGHT OF PHARMACY BENEFIT the reporting period, and, with respect to each
keted under such section, including any insulin MANAGER SERVICES. such therapeutic category or class of drugs, dur-
product that has been deemed to be licensed (a) IN GENERAL.—Title XXVII of the Public ing the reporting period—
under section 351(a) pursuant to section Health Service Act (42 U.S.C. 300gg et seq.), as ‘‘(i) total gross spending by the plan, before
7002(e)(4) of the Biologics Price Competition and amended by section 30604, is further amended— manufacturer rebates, fees, or other manufac-
Innovation Act of 2009 and continues to be mar- (1) in part D (42 U.S.C. 300gg–111 et seq.), by turer remuneration;
keted pursuant to such licensure. adding at the end the following new section: ‘‘(ii) the number of participants and bene-
‘‘(c) OUT-OF-NETWORK PROVIDERS.—Nothing ‘‘SEC. 2799A–12. OVERSIGHT OF PHARMACY BEN- ficiaries who filled a prescription for a drug in
in this section requires a plan or issuer that has EFIT MANAGER SERVICES. that category or class;
a network of providers to provide benefits for se- ‘‘(a) IN GENERAL.—For plan years beginning ‘‘(iii) if applicable to that category or class, a
lected insulin products described in this section on or after January 1, 2023, a group health plan description of the formulary tiers and utilization
that are delivered by an out-of-network pro- or health insurance issuer offering group health mechanisms (such as prior authorization or step
vider, or precludes a plan or issuer that has a insurance coverage or an entity or subsidiary therapy) employed for drugs in that category or
network of providers from imposing higher cost- providing pharmacy benefits management serv- class;
sharing than the levels specified in subsection ‘‘(iv) the total out-of-pocket spending by par-
ices on behalf of such a plan or issuer shall not
(a) for selected insulin products described in this ticipants and beneficiaries, including partici-
enter into a contract with a drug manufacturer,
section that are delivered by an out-of-network pant and beneficiary spending through copay-
distributor, wholesaler, subcontractor, rebate
provider. ments, coinsurance, and deductibles; and
aggregator, or any associated third party that
‘‘(v) for each therapeutic category or class
‘‘(d) RULE OF CONSTRUCTION.—Subsection (a) limits the disclosure of information to plan
under which 3 or more drugs are included on
shall not be construed to require coverage of, or sponsors in such a manner that prevents the
the formulary of such plan or coverage—
prevent a group health plan or health insurance plan or issuer, or an entity or subsidiary pro- ‘‘(I) the amount received, or expected to be re-
coverage from imposing cost-sharing other than viding pharmacy benefits management services ceived, from drug manufacturers in rebates,
the levels specified in subsection (a) on, insulin on behalf of a plan or issuer, from making the fees, alternative discounts, or other remunera-
products that are not selected insulin products, reports described in subsection (b). tion—
to the extent that such coverage is not otherwise ‘‘(b) REPORTS.— ‘‘(aa) to be paid by drug manufacturers for
required and such cost-sharing is otherwise per- ‘‘(1) IN GENERAL.—For plan years beginning claims incurred during the reporting period; or
mitted under Federal and applicable State law. on or after January 1, 2023, not less frequently ‘‘(bb) that is related to utilization of drugs, in
‘‘(e) APPLICATION OF COST-SHARING TOWARDS than once every 6 months, a health insurance such therapeutic category or class;
DEDUCTIBLES AND OUT-OF-POCKET MAXI- issuer offering group health insurance coverage ‘‘(II) the total net spending, after deducting
MUMS.—Any cost-sharing payments made pur- or an entity providing pharmacy benefits man- rebates, price concessions, alternative discounts
suant to subsection (a)(2) shall be counted to- agement services on behalf of a group health or other remuneration from drug manufacturers,
ward any deductible or out-of-pocket maximum plan or an issuer providing group health insur- by the health plan or health insurance coverage
that applies under the plan or coverage.’’. ance coverage shall submit to the plan sponsor on that category or class of drugs; and
(b) NO EFFECT ON OTHER COST-SHARING.—Sec- (as defined in section 3(16)(B) of the Employee ‘‘(III) the net price per course of treatment or
tion 1302(d)(2) of the Patient Protection and Af- Retirement Income Security Act of 1974) of such single fill, such as a 30-day supply or 90-day
fordable Care Act (42 U.S.C. 18022(d)(2)) is group health plan or health insurance coverage supply, incurred by the health plan or health
amended by adding at the end the following a report in accordance with this subsection and insurance coverage and its participants and
new subparagraph: make such report available to the plan sponsor beneficiaries, after manufacturer rebates, fees,
‘‘(D) SPECIAL RULE RELATING TO INSULIN COV- in a machine-readable format. Each such report and other remuneration for drugs dispensed
ERAGE.—The exemption of coverage of selected shall include, with respect to the applicable within such therapeutic category or class during
insulin products (as defined in section 2799A– group health plan or health insurance cov- the reporting period;
11(b) of the Public Health Service Act) from the erage— ‘‘(D) total gross spending on prescription
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application of any deductible pursuant to sec- ‘‘(A) as applicable, information collected from drugs by the plan or coverage during the report-
tion 2799A–11(a)(1) of such Act, section 726(a)(1) drug manufacturers by such issuer or entity on ing period, before rebates and other manufac-
of the Employee Retirement Income Security Act the total amount of copayment assistance dol- turer fees or remuneration;
of 1974, or section 9826(a)(1) of the Internal Rev- lars paid, or copayment cards applied, that were ‘‘(E) total amount received, or expected to be
enue Code of 1986 shall not be considered when funded by the drug manufacturer with respect received, by the health plan or health insurance
determining the actuarial value of a qualified to the participants and beneficiaries in such coverage in drug manufacturer rebates, fees, al-
health plan under this subsection.’’. plan or coverage; ternative discounts, and all other remuneration
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H6422 CONGRESSIONAL RECORD — HOUSE November 18, 2021
received from the manufacturer or any third knowingly provides false information under this (D) pharmacy network design parameters that
party, other than the plan sponsor, related to section shall be subject to a civil money penalty encourage enrollees in the plan or coverage to
utilization of drug or drug spending under that in an amount not to exceed $100,000 for each fill prescriptions at mail order, specialty, or re-
health plan or health insurance coverage during item of false information. Such civil money pen- tail pharmacies that are wholly or partially-
the reporting period; alty shall be in addition to other penalties as owned by that issuer or entity; and
‘‘(F) the total net spending on prescription may be prescribed by law. (E) the degree to which mail order, specialty,
drugs by the health plan or health insurance ‘‘(4) PROCEDURE.—The provisions of section or retail pharmacies that dispense prescription
coverage during the reporting period; and 1128A of the Social Security Act, other than sub- drugs to an enrollee in a group health plan or
‘‘(G) amounts paid directly or indirectly in re- section (a) and (b) and the first sentence of sub- health insurance coverage that are under com-
bates, fees, or any other type of remuneration to section (c)(1) of such section shall apply to civil mon ownership (in whole or part) with group
brokers, consultants, advisors, or any other in- monetary penalties under this subsection in the health plans, health insurance issuers, or enti-
dividual or firm who referred the group health same manner as such provisions apply to a pen- ties providing pharmacy benefit management
plan’s or health insurance issuer’s business to alty or proceeding under section 1128A of the services or pharmacy benefit administrative
the pharmacy benefit manager. Social Security Act. services under group health plan or group or in-
‘‘(2) PRIVACY REQUIREMENTS.—Health insur- ‘‘(5) WAIVERS.—The Secretary may waive pen- dividual health insurance coverage receive reim-
ance issuers offering group health insurance alties under paragraph (2), or extend the period bursement that is greater than the median price
coverage and entities providing pharmacy bene- of time for compliance with a requirement of charged to the group health plan or health in-
fits management services on behalf of a group this section, for an entity in violation of this surance issuer when the same drug is dispensed
health plan shall provide information under section that has made a good-faith effort to to enrollees in the plan or coverage by other
paragraph (1) in a manner consistent with the comply with this section. pharmacies included in the pharmacy network
privacy, security, and breach notification regu- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this of that plan, issuer, or entity that are not whol-
lations promulgated under section 264(c) of the section shall be construed to permit a health in- ly or partially owned by the health insurance
Health Insurance Portability and Account- surance issuer, group health plan, or other enti- issuer or entity providing pharmacy benefit
ability Act of 1996, and shall restrict the use and ty to restrict disclosure to, or otherwise limit the management services.
disclosure of such information according to such access of, the Department of Health and Human (2) REQUIREMENT.—The Comptroller General
privacy regulations. Services to a report described in subsection (b)(1) of the United States shall ensure that the report
‘‘(3) DISCLOSURE AND REDISCLOSURE.— or information related to compliance with sub- under paragraph (1) does not contain informa-
‘‘(A) LIMITATION TO BUSINESS ASSOCIATES.—A section (a) by such issuer, plan, or entity. tion that would allow a reader to identify a spe-
group health plan receiving a report under ‘‘(e) DEFINITION.—In this section, the term cific plan or entity providing pharmacy benefits
paragraph (1) may disclose such information ‘wholesale acquisition cost’ has the meaning management services or otherwise contain com-
only to business associates of such plan as de- given such term in section 1847A(c)(6)(B) of the mercial or financial information that is privi-
fined in section 160.103 of title 45, Code of Fed- Social Security Act.’’; and leged or confidential.
eral Regulations (or successor regulations). (2) in section 2723 (42 U.S.C. 300gg–22)— (3) DEFINITIONS.—In this subsection, the terms
‘‘(B) CLARIFICATION REGARDING PUBLIC DIS- (A) in subsection (a)— ‘‘group health plan’’, ‘‘health insurance cov-
CLOSURE OF INFORMATION.—Nothing in this sec- (i) in paragraph (1), by inserting ‘‘(other than erage’’, and ‘‘health insurance issuer’’ have the
tion prevents a health insurance issuer offering subsections (a) and (b) of section 2799A–12)’’ meanings given such terms in section 2791 of the
group health insurance coverage or an entity after ‘‘part D’’; and Public Health Service Act (42 U.S.C. 300gg–91).
providing pharmacy benefits management serv- (ii) in paragraph (2), by inserting ‘‘(other SEC. 30607. FUNDING TO SUPPORT STATE APPLI-
ices on behalf of a group health plan from plac- than subsections (a) and (b) of section 2799A– CATIONS FOR SECTION 1332 WAIV-
ing reasonable restrictions on the public disclo- 12)’’ after ‘‘part D’’; ERS AND ADMINISTRATION.
sure of the information contained in a report de- (B) in subsection (b)— Section 1332 of the Patient Protection and Af-
scribed in paragraph (1), except that such issuer (i) in paragraph (1), by inserting ‘‘(other than fordable Care Act (42 U.S.C. 18052) is amended
or entity may not restrict disclosure of such re- subsections (a) and (b) of section 2799A–12)’’ by adding at the end the following:
port to the Department of Health and Human after ‘‘part D’’; ‘‘(f) ADMINISTRATION AND PLANNING
Services, the Department of Labor, or the De- (ii) in paragraph (2)(A), by inserting ‘‘(other GRANTS.—
partment of the Treasury. than subsections (a) and (b) of section 2799A– ‘‘(1) APPROPRIATION.—In addition to any
‘‘(C) LIMITED FORM OF REPORT.—The Sec- 12)’’ after ‘‘part D’’; and other amounts made available, there is appro-
retary shall define through rulemaking a limited (iii) in paragraph (2)(C)(ii), by inserting priated to the Secretary of Health and Human
form of the report under paragraph (1) required ‘‘(other than subsections (a) and (b) of section Services for fiscal year 2022, out of any amounts
of plan sponsors who are drug manufacturers, 2799A–12)’’ after ‘‘part D’’. in the Treasury not otherwise appropriated,
drug wholesalers, or other direct participants in (b) GAO STUDY.— $50,000,000, to remain available until expended,
the drug supply chain, in order to prevent anti- (1) IN GENERAL.—Not later than 3 years after for purposes of implementing the grant program
competitive behavior. the date of enactment of this Act, the Comp- under paragraph (2) and awarding grants under
‘‘(4) REPORT TO GAO.—A health insurance troller General of the United States shall report such paragraph.
issuer offering group health insurance coverage to Congress on— ‘‘(2) GRANTS.—From the amount appropriated
or an entity providing pharmacy benefits man- (A) pharmacy networks of group health plans, under paragraph (1), the Secretary of Health
agement services on behalf of a group health health insurance issuers, and entities providing and Human Services shall award grants to
plan shall submit to the Comptroller General of pharmacy benefit management services under States for purposes of developing a new waiver
the United States each of the first 4 reports sub- such group health plan or group or individual application, preparing an application for a
mitted to a plan sponsor under paragraph (1) health insurance coverage, including networks waiver extension or amendment, or imple-
with respect to such coverage or plan, and other that have pharmacies that are under common menting a State plan under this section. The
such reports as requested, in accordance with ownership (in whole or part) with group health amount of a grant awarded to a State under
the privacy requirements under paragraph (2) plans, health insurance issuers, or entities pro- this subsection shall remain available until ex-
and the disclosure and redisclosure standards viding pharmacy benefit management services or pended.
under paragraph (3), and such other informa- pharmacy benefit administrative services under ‘‘(3) LIMITATION.—Each grant awarded to a
tion that the Comptroller General determines group health plan or group or individual health State under this subsection shall be in an
necessary to carry out the study under section insurance coverage; amount not to exceed $5,000,000.’’.
30606(b) of An Act to provide for reconciliation (B) as it relates to pharmacy networks that SEC. 30608. ADJUSTMENTS TO UNCOMPENSATED
pursuant to title II of S. Con. Res. 14. include pharmacies under common ownership CARE POOLS AND DISPROPOR-
‘‘(c) ENFORCEMENT.— described in subparagraph (A)— TIONATE SHARE HOSPITAL PAY-
‘‘(1) IN GENERAL.—The Secretary, in consulta- (i) whether such networks are designed to en- MENTS.
tion with the Secretary of Labor and the Sec- courage enrollees of a plan or coverage to use (a) ADJUSTMENTS TO UNCOMPENSATED CARE
retary of the Treasury, shall enforce this sec- such pharmacies over other network pharmacies POOLS.—Section 1903 of the Social Security Act
tion. for specific services or drugs, and if so, the rea- (42 U.S.C. 1396b) is amended by adding at the
‘‘(2) FAILURE TO PROVIDE TIMELY INFORMA- sons the networks give for encouraging use of end the following new subsection:
TION.—A health insurance issuer or an entity such pharmacies; and ‘‘(cc) EXCLUDING EXPENDITURES FOR EXPAN-
providing pharmacy benefit management serv- (ii) whether such pharmacies are used by en- SION POPULATION FROM ASSISTANCE UNDER
ices that violates subsection (a) or fails to pro- rollees disproportionately more in the aggregate WAIVERS RELATING TO UNCOMPENSATED CARE.—
vide information required under subsection (b), or for specific services or drugs compared to With respect to a State with a State plan (or
or a drug manufacturer that fails to provide in- other network pharmacies; waiver of such plan) that does not provide, with
formation under subsection (b)(1)(A) in a timely (C) whether group health plans and health respect to a fiscal year (beginning with fiscal
dlhill on DSK120RN23PROD with HOUSE
manner, shall be subject to a civil monetary pen- insurance issuers offering group or individual year 2023), to all individuals described in section
alty in the amount of $10,000 for each day dur- health insurance coverage have options to elect 1902(a)(10)(A)(i)(VIII) benchmark coverage de-
ing which such violation continues or such in- different network pricing arrangements in the scribed in section 1937(b)(1) or benchmark equiv-
formation is not disclosed or reported. marketplace with entities that provide phar- alent coverage described in section 1937(b)(2), in
‘‘(3) FALSE INFORMATION.—A health insurance macy benefit management services, the preva- the case of any experimental, pilot, or dem-
issuer, entity providing pharmacy benefit man- lence of electing such different network pricing onstration project undertaken under section
agement services, or drug manufacturer that arrangements; 1115, with respect to such State and fiscal year,
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6423
that provides for Federal financial participation the DSH allotment for such State for such fiscal plan for the State, collect and report informa-
with respect to expenditures for payments to year is equal to the DSH allotment under this tion described in subsection (c), identify areas
providers for otherwise uncompensated care that subsection (without application of this para- for improvement to the service delivery systems
is furnished to low-income individuals, unin- graph) for the State for the entirety of such fis- for home and community-based services, carry
sured individuals, or underinsured individuals, cal year. out activities related to evaluating payment
notwithstanding any waiver authority available ‘‘(B) CALCULATION OF DSH ALLOTMENTS AFTER rates for home and community-based services
under such section, such project shall exclude EXPANSION PERIOD.—The DSH allotment for a and identifying improvements to update the rate
from Federal financial participation any ex- State for fiscal years after which a State pro- setting process, and make related infrastructure
penditures for care that is furnished with re- vides under a State plan (or waiver of such investments (such as case management or other
spect to such fiscal year to individuals described plan) to all individuals described in section information technology systems).
in section 1902(a)(10)(A)(i)(VIII).’’. 1902(a)(10)(A)(i)(VIII) benchmark coverage de- (3) LIMITATION ON USE OF FUNDS.—None of the
(b) ADJUSTMENTS TO DISPROPORTIONATE scribed in section 1937(b)(1) or benchmark equiv- funds awarded to a State under this section may
SHARE HOSPITAL PAYMENTS.— alent coverage described in section 1937(b)(2) be used by a State as the source of the non-Fed-
(1) IN GENERAL.—Section 1923(f) of the Social and, for which the State continues to provide eral share of expenditures under the State plan
Security Act (42 U.S.C.1396r–4(f)) is amended— under the State plan (or waiver of such plan) (or waiver of such plan).
(A) in paragraph (3)(A), by striking ‘‘para- such benchmark or benchmark equivalent cov- (c) HCBS IMPROVEMENT PLAN REQUIRE-
graphs (6), (7), and (8)’’ and inserting ‘‘para- erage to such individuals, without the providing MENTS.—In order to meet the requirements of
graphs (6), (7), (8), and (10)’’; of such benchmark or benchmark equivalent this subsection, an HCBS improvement plan de-
(B) in paragraph (6)(A)(vi), by inserting ‘‘(ex- coverage being stopped during a fiscal year (as veloped using funds awarded to a State under
cept paragraph (10))’’ before ‘‘, any other provi- described in the matter preceding subclause (I) this section shall include, with respect to the
sion of law’’; of subparagraph (A)(ii)), shall be calculated State and subject to subsection (d), the fol-
(C) in paragraph (7)(A)(i), by inserting ‘‘with- under paragraph (3) without regard to this lowing:
out regard to paragraph (10),’’ before ‘‘the Sec- paragraph.’’. (1) EXISTING MEDICAID HCBS LANDSCAPE.—
retary’’; and (2) TECHNICAL AMENDMENT.—Section (A) ELIGIBILITY AND BENEFITS.—A description
(D) by adding at the end the following new 1923(f)(7)(A)(i)(II) of the Social Security Act (42 of the existing standards, pathways, and meth-
paragraph: U.S.C.1396r–4(f)(7)(A)(i)(II)) is amended by add- odologies for eligibility for home and commu-
‘‘(10) STATE DSH ALLOTMENTS FOR NON-EXPAN- ing at period at the end. nity-based services pursuant to the State plan
SION STATES BEGINNING WITH FISCAL YEAR 2023.— (or waiver of such plan), including limits on as-
SEC. 30609. FURTHER INCREASE IN FMAP FOR
‘‘(A) IN GENERAL.—For fiscal year 2023 and MEDICAL ASSISTANCE FOR NEWLY sets and income, the home and community-based
each subsequent fiscal year— ELIGIBLE MANDATORY INDIVID- services available under the State Medicaid pro-
‘‘(i) in the case of a State with a State plan UALS. gram and the types of settings in which they
(or waiver of such plan) that, with respect to Section 1905(y)(1) of the Social Security Act may be provided, and utilization management
such fiscal year, does not provide to all individ- (42 U.S.C. 1396d(y)(1)) is amended— standards for such services.
uals described in section 1902(a)(10)(A)(i)(VIII) (1) in subparagraph (D), by striking at the (B) ACCESS.—
benchmark coverage described in section end ‘‘and’’; (i) BARRIERS.—A description of the barriers to
1937(b)(1) or benchmark equivalent coverage de- (2) in subparagraph (E), by striking ‘‘2020 and accessing home and community-based services in
scribed in section 1937(b)(2), the Secretary shall each year thereafter.’’ and inserting ‘‘2020, 2021, the State identified by Medicaid eligible individ-
reduce the DSH allotment to the State for such and 2022; and’’; and uals, the families of such individuals, and direct
fiscal year in the amount equal to 12.5 percent (3) by adding at the end the following new care workers and home care agencies, or other
of the DSH allotment that would (after the ap- subparagraphs: similar organizations.
plication of paragraph (6), and without the ap- ‘‘(F) 93 percent for calendar quarters in 2023, (ii) AVAILABILITY; UNMET NEED.—A summary,
plication of paragraphs (7), (8), or this para- 2024, and 2025; and in accordance with guidance issued by the Sec-
graph) be determined under this subsection for ‘‘(G) 90 percent for calendar quarters in 2026 retary and as able to be practicably determined
the State for such fiscal year; and each year thereafter.’’. by the State, of the extent to which home and
‘‘(ii) in the case of a State with a State plan Subtitle F—Medicaid community-based services are available to all in-
(or waiver of such plan) that, with respect to dividuals in the State who would be eligible for
such fiscal year, initially provides to all individ- PART 1—INVESTMENTS IN HOME AND
such services under the State Medicaid program
uals described in section 1902(a)(10)(A)(i)(VIII) COMMUNITY-BASED SERVICES AND
(including individuals who are on a waiting list
benchmark coverage described in 1937(b)(1) or LONG-TERM CARE QUALITY AND WORK-
for such services).
benchmark equivalent coverage described in sec- FORCE
(C) UTILIZATION.—An assessment of the utili-
tion 1937(b)(2), but during such fiscal year stops SEC. 30711. HCBS IMPROVEMENT PLANNING zation of home and community-based services in
providing to any such individual such bench- GRANTS.
the State (including the number of individuals
mark or benchmark equivalent coverage, the (a) FUNDING.— receiving such services) during such period spec-
Secretary shall reduce the DSH allotment to the (1) IN GENERAL.—In addition to amounts oth- ified by the Secretary.
State for such fiscal year in the amount equal to erwise available, there is appropriated to the (D) SERVICE DELIVERY STRUCTURES AND SUP-
the product of— Secretary for fiscal year 2022, out of any money PORTS.—A description of the service delivery
‘‘(I) 12.5 percent of the DSH allotment that in the Treasury not otherwise appropriated, structures for providing home and community-
would (after the application of paragraph (6), $130,000,000, to remain available until expended, based services in the State.
and without the application of paragraphs (7), for carrying out this section. (E) WORKFORCE.—A description of the direct
(8), or this paragraph) be determined under this (2) TECHNICAL ASSISTANCE AND GUIDANCE.—In care workforce, including estimates of the num-
subsection for the State for such fiscal year; and addition to amounts otherwise available, there ber of full- and part-time direct care workers,
‘‘(II) expressed as a percentage, the number of is appropriated to the Secretary for fiscal year the average and range of direct care worker
days of such fiscal year during which such 2022, out of any money in the Treasury not oth- wages, the benefits provided to direct care work-
State plan (or waiver of such plan), with respect erwise appropriated, $5,000,000, to remain avail- ers, and the turnover and vacancy rates of di-
to such fiscal year, did not provide to such indi- able until expended, for purposes of issuing rect care worker positions.
viduals such benchmark or benchmark equiva- guidance and providing technical assistance to (F) PAYMENT RATES.—
lent coverage; or States intending to apply for, or which are (i) IN GENERAL.—A description of the payment
‘‘(iii) in the case of a State with a State plan awarded, a planning grant under this section, rates for home and community-based services,
(or waiver of such plan) that, with respect to and for other administrative expenses related to including, to the extent applicable, how pay-
such fiscal year, either— awarding planning grants under this section. ments for such services are factored into the de-
‘‘(I) initially does not provide to all individ- (b) AWARD AND USE OF GRANTS.— velopment of managed care capitation rates,
uals described in section 1902(a)(10)(A)(i)(VIII) (1) DEADLINE FOR AWARD OF GRANTS.—From when the State last updated payment rates for
benchmark coverage described in 1937(b)(1) or the amount appropriated under subsection home and community-based services, and an es-
benchmark equivalent coverage described in sec- (a)(1), the Secretary, not later than 12 months timate of the portion of the payment rate that
tion 1937(b)(2), but during the fiscal year estab- after the date of enactment of this Act, shall so- goes toward direct care worker compensation.
lishes a State plan (or waiver of such plan) that licit State requests for HCBS improvement plan- (ii) ASSESSMENT.—An assessment of the rela-
provides, for the remainder of the fiscal year, all ning grants and award such grants to all States tionship between payment rates for such serv-
such individuals such benchmark or benchmark that meet such requirements as determined by ices and workforce shortages, average bene-
equivalent coverage; or the Secretary. ficiary wait times for such services, and pro-
‘‘(II) did not provide to all such individuals (2) USE OF FUNDS.—Subject to paragraph (3), vider-to-beneficiary ratios in the geographic re-
such benchmark or benchmark equivalent cov- a State awarded a planning grant under this gion.
dlhill on DSK120RN23PROD with HOUSE
erage during the fiscal year preceding such fis- section shall use the grant to carry out planning (G) QUALITY.—A description of how the qual-
cal year described in the matter preceding sub- activities for purposes of developing and submit- ity of home and community-based services is
clause (I), but on the first day of such fiscal ting to the Secretary an HCBS improvement measured and monitored.
year establishes a State plan (or waiver of such plan for the State that meets the requirements of (H) LONG-TERM SERVICES AND SUPPORTS PRO-
plan) that provides, for the entirety of such fis- subsections (c) and (d). A State may use plan- VIDED IN INSTITUTIONAL SETTINGS.—A descrip-
cal year, all such individuals such benchmark ning grant funds to support activities related to tion of the number of individuals enrolled in the
or benchmark equivalent coverage; the implementation of the HCBS improvement State Medicaid program in a year who receive
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H6424 CONGRESSIONAL RECORD — HOUSE November 18, 2021
items and services furnished by an institution plan meets the requirements of subsection (c). A (E) an institution which is a psychiatric hos-
for greater than 30 days in an institutional set- State may amend its HCBS improvement plan, pital (as defined in section 1861(f) of such Act
ting. subject to the approval of the Secretary that the (42 U.S.C. 1395x(f))) or that provides inpatient
(I) HCBS SHARE OF OVERALL MEDICAID LTSS plan as so amended meets the requirements of psychiatric services in a residential setting spec-
SPENDING.—For the most recent State fiscal year subsection (c). The Secretary may withhold or ified by the Secretary; and
for which complete data is available, the per- recoup funds provided under this section to a (F) an institution described in section 1905(i)
centage of expenditures made by the State under State, if the State fails to comply with the re- of such Act (42 U.S.C. 1396d(i)).
the State Medicaid program for long-term serv- quirements of this section. (6) MEDICAID ELIGIBLE INDIVIDUAL.—The term
ices and supports that are for home and commu- (e) DEFINITIONS.—In the part: ‘‘Medicaid eligible individual’’ means an indi-
nity-based services. (1) DIRECT CARE WORKER.—The term ‘‘direct vidual who is eligible for and receiving medical
(J) DEMOGRAPHIC DATA.—To the extent avail- care worker’’ means, with respect to a State, assistance under a State Medicaid plan or a
able and as applicable with respect to the infor- any of the following individuals who are paid to waiver of such plan. Such term includes an in-
mation required under subparagraphs (B), (C), provide directly to Medicaid eligible individuals dividual who is on a waiting list and who would
and (H), demographic data for such informa- home and community-based services available become eligible for medical assistance and en-
tion, disaggregated by age groups, primary dis- under the State Medicaid program: rolled under a State Medicaid plan, or waiver of
ability, income brackets, gender, race, ethnicity, (A) A registered nurse, licensed practical such plan, upon receipt of home and commu-
geography, primary language, and type of serv- nurse, nurse practitioner, or clinical nurse spe- nity-based services.
ice setting. cialist, or a licensed nursing assistant who pro- (7) STATE MEDICAID PROGRAM.—The term
(2) GOALS FOR HCBS IMPROVEMENTS.—A de- vides such services under the supervision of a ‘‘State Medicaid program’’ means, with respect
scription of how the State will do the following: registered nurse, licensed practical nurse, nurse to a State, the State program under title XIX of
(A) Conduct the activities required under sub- practitioner, or clinical nurse specialist. the Social Security Act (42 U.S.C. 1396 through
section (jj) of section 1905 of the Social Security (B) A direct support professional. 1396w-6) (including any waiver or demonstra-
Act (as added under section 30712). (C) A personal care attendant. tion under such title or under section 1115 of
(B) Reduce barriers to and disparities in ac- (D) A home health aide. such Act (42 U.S.C. 1315) relating to such title).
cess or utilization of home and community-based (E) Any other paid health care professional or (8) SECRETARY.—The term ‘‘Secretary’’ means
services in the State. worker determined to be appropriate by the the Secretary of Health and Human Services.
(C) Monitor and report on access to home and State and approved by the Secretary. (9) STATE.—The term ‘‘State’’ means each of
community-based services under the State Med- (2) HCBS PROGRAM IMPROVEMENT STATE.— the 50 States, the District of Columbia, Puerto
icaid program, disparities in access to such serv- The term ‘‘HCBS program improvement State’’ Rico, the Virgin Islands, Guam, the Northern
ices, and the utilization of such services. means a State that is awarded a planning grant Mariana Islands, and American Samoa.
(D) Monitor and report the amount of State under subsection (b) and has an HCBS improve- SEC. 30712. HCBS IMPROVEMENT PROGRAM.
Medicaid expenditures for home and commu- ment plan approved by the Secretary under sub- (a) INCREASED FMAP FOR HCBS PROGRAM
nity-based services under the State Medicaid section (d)(3). IMPROVEMENT STATES.—Section 1905 of the So-
program as a proportion of the total amount of (3) HEALTH PLAN.—The term ‘‘health plan’’ cial Security Act (42 U.S.C. 1396d) is amended—
State expenditures under the State Medicaid means any of the following entities that provide (1) in subsection (b), by striking ‘‘and (ii)’’
program for long-term services and supports. or arrange for home and community-based serv- and inserting ‘‘(ii), and (jj)’’; and
(E) Monitor and report on wages, benefits, ices for Medicaid eligible individuals who are (2) by adding at the end the following new
and vacancy and turnover rates for direct care enrolled with the entities under a contract with subsection:
workers. a State: ‘‘(jj) ADDITIONAL SUPPORT FOR HCBS PRO-
(F) Assess and monitor the sufficiency of pay- (A) A medicaid managed care organization, as GRAM IMPROVEMENT STATES.—
ment rates under the State Medicaid program, defined in section 1903(m)(1)(A) of the Social Se- ‘‘(1) IN GENERAL.—
in a manner specified by the Secretary, for the curity Act (42 U.S.C. 1396b(m)(1)(A)). ‘‘(A) ADDITIONAL SUPPORT.—Subject to para-
specific types of home and community-based (B) A prepaid inpatient health plan or pre- graph (5), in the case of a State that is an HCBS
services available under such program for pur- paid ambulatory health plan, as defined in sec- program improvement State, for each fiscal
poses of supporting direct care worker recruit- tion 438.2 of title 42, Code of Federal Regula- quarter that begins on or after the first date on
ment and retention and ensuring the avail- tions (or any successor regulation). which the State is an HCBS program improve-
ability of home and community-based services. (4) HOME AND COMMUNITY-BASED SERVICES.— ment State—
(G) Coordinate implementation of the HCBS The term ‘‘home and community-based services’’ ‘‘(i) and for which the State meets the require-
improvement plan among the State Medicaid means any of the following (whether provided ments described in paragraphs (2) and (4), not-
agency and State health and human services on a fee-for-service, risk, or other basis): withstanding subsection (b) or (ff), subject to
agencies serving individuals with disabilities (A) Home health care services authorized subparagraph (B), with respect to amounts ex-
and the elderly. under paragraph (7) of section 1905(a) of the So- pended during the quarter by such State for
(d) DEVELOPMENT AND APPROVAL REQUIRE- cial Security Act (42 U.S.C. 1396d(a)). medical assistance for home and community-
(B) Private duty nursing services authorized based services, the Federal medical assistance
MENTS.—
(1) DEVELOPMENT REQUIREMENTS.—In order to under paragraph (8) of such section, when such percentage for such State and quarter (as deter-
meet the requirements of this subsection, a State services are provided in a Medicaid eligible indi- mined for the State under subsection (b) and, if
awarded a planning grant under this section vidual’s home. applicable, increased under subsection (y), (z),
(C) Personal care services authorized under
shall develop an HCBS improvement plan for (aa), or (ii), section 6008(a) of the Families First
paragraph (24) of such section.
the State through a public notice and comment Coronavirus Response Act), or section 1915(k)(2)
(D) PACE services authorized under para-
process that includes consultation with Med- shall be increased by 6 percentage points; and
graph (26) of such section.
icaid eligible individuals who are recipients of (E) Home and community-based services au- ‘‘(ii) with respect to the State meeting the re-
home and community-based services, family thorized under subsections (b), (c), (i), (j), and quirements described in paragraphs (2) and (4)
caregivers of such recipients, providers, health (k) of section 1915 of such Act (42 U.S.C. 1396n), and with respect to amounts expended during
plans, direct care workers, chosen representa- authorized under a waiver under section 1115 of the quarter and before October 1, 2031, for ad-
tives of direct care workers, and aging, dis- such Act (42 U.S.C. 1315), or provided through ministrative costs for expanding and enhancing
ability, and workforce advocates. coverage authorized under section 1937 of such home and community-based services, including
(2) AUTHORITY TO ADJUST CERTAIN PLAN CON- for enhancing Medicaid data and technology in-
Act (42 U.S.C. 1396u–7).
TENT REQUIREMENTS.—The Secretary may mod- frastructure, modifying rate setting processes,
(F) Case management services authorized
ify the requirements for any of the information under section 1905(a)(19) of the Social Security adopting or improving training programs for di-
specified in subsection (c)(1) if a State requests Act (42 U.S.C. 1396d(a)(19)) and section 1915(g) rect care workers and family caregivers, home
a modification and demonstrates to the satisfac- of such Act (42 U.S.C. 1396n(g)). and community-based services ombudsman office
tion of the Secretary that it is impracticable for (G) Rehabilitative services, including those re- activities (as reimbursable under section
the State to collect and submit the information. lated to behavioral health, described in section 1903(a)(7)), developing processes to identify di-
(3) SUBMISSION AND APPROVAL.—Not later 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). rect care workers and assign such workers
than 24 months after the date on which a State (H) Such other services specified by the Sec- unique identifiers (as so reimbursable), and
is awarded a planning grant under this section, retary. adopting, carrying out, or enhancing programs
the State shall submit an HCBS improvement (5) INSTITUTIONAL SETTING.—The term ‘‘insti- that register direct care workers or connect
plan for approval by the Secretary, along with tutional setting’’ means— beneficiaries to direct care workers, the per cen-
assurances by the State that the State will im- (A) a skilled nursing facility (as defined in tum specified in sections 1903(a)(7) and
plement the plan in accordance with the re- section 1819(a) of the Social Security Act (42 1903(a)(3) shall be increased to 80 percent.
quirements of the HCBS Improvement Program U.S.C. 1395i–3(a))); In no case may the application of clause (i) re-
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established under subsection (jj) of section 1905 (B) a nursing facility (as defined in section sult in the Federal medical assistance percent-
of the Social Security Act (42 U.S.C. 1396d) (as 1919(a) of such Act (42 U.S.C. 1396r(a))); age determined for a State being more than 95
added by section 30712). The Secretary shall ap- (C) a long-term care hospital (as described in percent with respect to such expenditures. In no
prove and make publicly available the HCBS im- section 1886(d)(1)(B)(iv) of such Act (42 U.S.C. case shall the application of clause (ii) result in
provement plan for a State after the plan and 1395ww(d)(1)(B)(iv))); a reduction to the per centum otherwise speci-
such assurances are submitted to the Secretary (D) a facility described in section 1905(d) of fied without application of such clause. Any in-
for approval and the Secretary determines the such Act (42 U.S.C. 1396d(d))); crease pursuant to clause (ii) shall be available
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November 18, 2021 CONGRESSIONAL RECORD — HOUSE H6425
to a State before the State meets the require- ards, methodologies, or procedures applicable as provided under this title by a health plan, under
ments of paragraphs (2) and (4). of the date described in subclause (I). a contract and paid through capitation rates
‘‘(B) ADDITIONAL HCBS IMPROVEMENT EF- ‘‘(ii) CONDITIONS FOR FLEXIBILITY.—A State with the State.
FORTS.—Subject to paragraph (5), in addition to may make modifications that would otherwise ‘‘(3) SELF-DIRECTED MODELS FOR THE DELIV-
the increase to the Federal medical assistance violate the maintenance of effort described in ERY OF SERVICES.—As conditions for receipt of
percentage under subparagraph (A)(i) for clause (i) if the State demonstrates to the satis- the increase under paragraph (1)(B) to the Fed-
amounts expended during a quarter for medical faction of the Secretary that such modifications eral medical assistance percentage determined
assistance for home and community-based serv- shall not result in— for a State, with respect to a fiscal year quarter,
ices by an HCBS program improvement State ‘‘(I) home and community-based services that the State shall establish directly, or by contract
that meets the requirements of paragraphs (2) are less comprehensive or lower in amount, du- with 1 or more entities, including an agency
and (4) for the quarter, the Federal medical as- ration, or scope; with choice or a similar service delivery model,
sistance percentage for amounts expended by ‘‘(II) fewer individuals (overall and within a program for the performance of all of the fol-
the State during the quarter for medical assist- particular eligibility groups) receiving home and lowing functions to facilitate beneficiary use of
ance for home and community-based services community-based services, the calculation of self-directed care in the case the State covers
shall be further increased by 2 percentage points which may be adjusted for demographic changes home and community-based services under au-
(but not to exceed 95 percent) during the first 6 since the date described in clause (i)(I); or thorities that permit self-direction:
fiscal quarters throughout which the State has ‘‘(III) increased cost-sharing (other than re- ‘‘(A) Registering qualified direct care workers
implemented and has in effect a program that sulting from the rate of inflation) for home and and assisting beneficiaries in finding direct care
meets the requirements of paragraph (3). community-based services. workers.
‘‘(C) NONAPPLICATION OF TERRITORIAL FUND- ‘‘(C) ACCESS TO SERVICES.—Not later than an ‘‘(B) Undertaking activities to recruit and
ING CAPS.—Any payment made to Puerto Rico, implementation date as specified by the Sec- train independent providers to enable bene-
the Virgin Islands, Guam, the Northern Mar- retary (which may vary for each of the fol- ficiaries to direct their own care, including by
iana Islands, or American Samoa for expendi- lowing clauses) after the first day of the first providing or coordinating training for bene-
tures that are subject to an increase in the Fed- fiscal quarter for which a State receives an in- ficiaries on self-directed care.
eral medical assistance percentage under sub- crease to the Federal medical assistance percent- ‘‘(C) Ensuring the safety of, and supporting
paragraph (A)(i) or (B), or an increase in an ap- age or other applicable Federal matching per- the quality of, care provided to beneficiaries.
plicable Federal matching percentage under centage under paragraph (1), the State does all ‘‘(D) Facilitating coordination between State
subparagraph (A)(ii), shall not be taken into ac- of the following to improve access to services: and local agencies and direct care workers for
count for purposes of applying payment limits ‘‘(i) Reduce access barriers and disparities in matters of public health, training opportunities,
under subsections (f) and (g) of section 1108. access or utilization of home and community- changes in program requirements, workplace
‘‘(D) NONAPPLICATION TO CHIP EFMAP.—Any based services, as described in the State HCBS health and safety, or related matters.
increase described in subparagraph (A) (or pay- improvement plan. ‘‘(E) Supporting beneficiary hiring, if selected
ment made for expenditures on medical assist- ‘‘(ii) Provides coverage of personal care serv- by the beneficiary, of independent providers of
ance that are subject to such increase) shall not ices authorized under subsection (a)(24) for all home and community-based services, including
be taken into account in calculating the en- individuals eligible for and enrolled in medical by processing applicable tax information, col-
hanced FMAP of a State under section 2105. assistance in the State. lecting and processing timesheets, submitting
‘‘(2) REQUIREMENTS.—Subject to the last sen- ‘‘(iii) Provides for navigation of home and claims and processing payments to such pro-
tence of paragraph (1)(A), as conditions for re- community-based services through ‘no wrong viders.
ceipt of the increase under paragraph (1) to the door’ programs, provides expedited eligibility for ‘‘(F) To the extent a State permits bene-
Federal medical assistance percentage deter- home and community-based services, and im- ficiaries to hire a family member or individual
mined for a State, with respect to a fiscal year proves home and community-based services with whom they have an existing relationship to
quarter, the State shall meet each of the fol- counseling and education programs. provide home and community-based services,
‘‘(iv) Expands access to behavioral health
lowing requirements: providing support to beneficiaries who wish to
‘‘(A) NONSUPPLANTATION.—The State uses the services furnished in home and community-
hire a caregiver who is a family member or indi-
Federal funds attributable to the increase in the based settings.
vidual with whom they have an existing rela-
‘‘(v) Improves coordination of home and com-
Federal medical assistance percentage for tionship.
munity-based services with employment, hous-
amounts expended during a quarter for medical ‘‘(G) Ensuring that the program under this
ing, and transportation supports.
assistance for home and community-based serv- ‘‘(vi) Provides supports to family caregivers. paragraph does not promote or deter the ability
ices under paragraph (1)(A) and paragraph ‘‘(vii) Newly provides coverage under, or ex- of workers to form a labor organization or dis-
(1)(B) (if applicable) to supplement, and not pands existing eligibility criteria for, 1 or more criminate against workers who may join or de-
supplant, the level of State funds expended for of the eligibility categories authorized under cline to join such an organization.
home and community-based services for eligible subclause (XIII), (XV), or (XVI) of section ‘‘(4) REPORTING AND OVERSIGHT.—As condi-
individuals through programs in effect as of the 1902(a)(10)(A)(ii). tions for receipt of the increase under para-
date the State is awarded a planning grant ‘‘(D) WORKFORCE.— graph (1) to the Federal medical assistance per-
under section 30711 of the Act titled ‘An Act to ‘‘(i) IN GENERAL.—The State strengthens and centage determined for a State, with respect to
provide for reconciliation pursuant to title II of expands the direct care workforce that provides a fiscal year quarter, the State shall meet each
S. Con. Res. 14’. In applying this subparagraph, home and community-based services by— of the following requirements:
the Secretary shall provide that a State shall ‘‘(I) adopting processes to ensure that pay- ‘‘(A) The State designates (by a date specified
have a 3-year period, as specified by the Sec- ment rates for home and community-based serv- by the Secretary) an HCBS ombudsman office
retary, to spend any accumulated unspent State ices are sufficient (as defined by the Secretary) (or a long-term care ombudsman program office)
funds attributable to the increase described in to ensure that care and services are available to that—
clause (i) in the Federal medical assistance per- the extent described in the State HCBS improve- ‘‘(i) operates independently from the State
centage. ment plan; and Medicaid agency and health plans;
‘‘(B) MAINTENANCE OF EFFORT.— ‘‘(II) updating qualification standards as ap- ‘‘(ii) provides direct assistance to recipients of
‘‘(i) IN GENERAL.—The State does not— propriate, and developing and adopting training home and community-based services available
‘‘(I) reduce the amount, duration, or scope of opportunities for direct care workers and family under the State Medicaid program and their
home and community-based services available caregivers, at such times as the Secretary shall families; and
under the State plan (or waiver of such plan) prescribe. ‘‘(iii) identifies and reports systemic problems
relative to the home and community-based serv- ‘‘(ii) PAYMENT RATES.—In carrying out clause to State officials, the public, and the Secretary.
ices available under the plan or a waiver of (i)(I), the State shall— ‘‘(B) Beginning with the last day of the 5th
such plan as of the date on which the State was ‘‘(I) update and, as appropriate, increase pay- fiscal quarter for which the state is an HCBS
awarded a planning grant under section 30711 ment rates for home and community-based serv- program improvement State, and annually
of the Act titled ‘An Act to provide for reconcili- ices to support recruitment and retention of the thereafter, the State reports to the Secretary, in
ation pursuant to title II of S. Con. Res. 14’; direct care workforce by not later than 2 years a manner the Secretary shall prescribe, on the
‘‘(II) reduce payment rates for home and com- after approval of the HCBS improvement plan progress of implementation of the activities de-
munity-based services lower than such rates and, at least every 3 years thereafter, using, scribed in subparagraphs (C) and (D) of para-
that were in place as of the date described in through existing or other processes to determine graph (2), paragraph (3) (if applicable), the use
subclause (I), including, to the extent applica- provider payment, a transparent process involv- of enhanced Federal funding provided under
ble, assumed payment rates for such services ing meaningful input from nongovernmental this subsection, and progress with respect to
that are included in managed care capitation stakeholders; and home and community-based services avail-
rates as such rates are being prospectively built; ‘‘(II) ensure that increases in the payment ability, utilization, disparities in access and use
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or rates for home and community-based services— of services, spending on HCBS, and the status of
‘‘(III) except to the extent permitted under ‘‘(aa) at a minimum, result in a proportionate the direct care workforce.
clause (ii), adopt more restrictive standards, increase to payments for direct care workers and ‘‘(5) BENCHMARKS FOR DEMONSTRATING IM-
methodologies, or procedures for determining eli- in a manner that is determined with input from PROVEMENTS.—An HCBS program improvement
gibility for or the scope of medical assistance of the stakeholders described in subclause (I); and State shall cease to be eligible for an increase in
home and community-based services, including ‘‘(bb) are incorporated into provider payment the Federal medical assistance percentage under
with respect to cost-sharing, than the stand- rates for home and community-based services paragraph (1)(A)(i) or (1)(B) or an increase in
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