House Report 117-130 — Build Back Better Act, Report of the Committee on the Budget
Summary
Report 117-130 of the 117th Congress, 1st Session, dated September 27, 2021, from the Committee on the Budget on H.R. 5376, the Build Back Better Act, together with minority views, marked Book 2 of 3. Bill text near page 1623 states that Title IX of the Education Amendments of 1972 and Title VI of the Civil Rights Act of 1964 apply to any program or activity receiving funds under the section. Another provision gives priority to eligible localities seeking to serve underserved populations.
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- Congressional materials
- Document type
- Crpt Crpt 117Hrpt130 Crpt 117Hrpt130 Pt2
- Case
- Crpt Crpt 117Hrpt130 Crpt 117Hrpt130 Pt2
Cite this document
“House Report 117-130 — Build Back Better Act, Report of the Committee on the Budget.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt130-crpt-117hrpt130-pt2/
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–130
BUILD BACK BETTER ACT
R E P O R T
OF THE
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
TO ACCOMPANY
H.R. 5376
together with
MINORITY VIEWS
BOOK 2 OF 3
SEPTEMBER 27, 2021.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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E:\Seals\Congress.#13
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BUILD BACK BETTER ACT
BOOK 2 OF 3
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–130
BUILD BACK BETTER ACT
R E P O R T
OF THE
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
TO ACCOMPANY
H.R. 5376
together with
MINORITY VIEWS
BOOK 2 OF 3
SEPTEMBER 27, 2021.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
ctelli on DSK11ZRN23PROD with REPORTS
U.S. GOVERNMENT PUBLISHING OFFICE
45–623 WASHINGTON : 2021
E:\Seals\Congress.#13
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VOTES OF THE COMMITTEE ON THE BUDGET
Clause 3(b) of House Rule XIII requires each committee report
to accompany any bill or resolution of a public character to include
the total number of votes cast for and against each record vote, on
a motion to report and any amendments offered to the measure or
matter, together with the names of those voting for and against.
On September 25, 2021, the Committee met in open session, a
quorum being present, adopted and ordered reported the Build
Back Better Act. The Committee took the following votes:
ROLL CALL VOTE 1
Republican motion to postpone consideration of the House Budg-
et Committee Print pursuant to the reconciliation instructions set
forth in Title II of S. Con. Res. 14, the Concurrent Resolution on
the budget for fiscal year 2022.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA) X
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 21.
ROLL CALL VOTE 2
Vote to report out the House Budget Committee Print pursuant
to the reconciliation instructions set forth in Title II of S. Con. Res.
14, the Concurrent Resolution on the budget for fiscal year 2022.
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(1493)
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1494
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI-At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA) X
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 20 and Noes 17.
ROLL CALL VOTE 3
A motion offered by Mr. Smith that the Committee on Budget di-
rect its Chairman to request the rule providing for consideration of
the Build Back Better Act prevent new or expanded benefits from
going to individuals making more than $100,000 per year or fami-
lies making more than $200,000 per year and ensure that the cur-
rent law capped State and Local Tax (SALT) deduction is not in-
creased or removed.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI-At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
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TOTALS: Ayes 16 and Noes 20.
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1495
ROLL CALL VOTE 4
A motion offered by Mr. Kelly that the Committee on the Budget
direct its Chairman to request that the rule providing for consider-
ation of the Build Back Better Act make in order an amendment
to strike funding for the Environmental Protection Agency to carry
out a fee on methane emissions from petroleum and natural gas
systems.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 5
Description of Vote: #5 A motion offered by Mr. McClintock that
the Committee on the Budget direct its Chairman to request that
the rule providing for consideration of the Build Back Better Act
make in order an amendment that would strike all provisions of
the bill that provide lawful permanent residence status to undocu-
mented immigrants, which include Dreamers, farmworkers, Tem-
porary Protected Status immigrants, and essential workers.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
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PLASKETT (VI–At Large) X GOOD (VA) X
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1496
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 6
A motion offered by Mr. Grothman to allow no federal education
benefits in the Build Back Better Act to go to those granted de-
ferred enforced departure, deferred action pursuant to the Deferred
Action for Childhood Arrivals policy of the Secretary of Homeland
Security, or temporary protected status under Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a).
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA) X
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 7
A motion offered by Mr. Smucker that the Committee on the
Budget direct its Chairman to request that the rule providing for
consideration of the Build Back Better Act not make in order an
amendment that would allow the elimination of stepped-up basis.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
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YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
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1497
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 17 and Noes 19.
ROLL CALL VOTE 8
A motion offered by Mr. Jacobs that the Committee on Budget
direct its Chairman to request the rule providing for consideration
of the Build Back Better Act instruct the Secretary of the Treasury
to provide for expedited payment of funds from the Emergency
Rental Assistance Program and establish a process under the
Emergency Rental Assistance Program for landlords to submit ap-
plications on behalf of a renter.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
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TOTALS: Ayes 16 and Noes 20.
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1498
ROLL CALL VOTE 9
A motion offered by Mr. Burgess that the Committee on the
Budget direct the Chairman to request that the rule providing for
consideration of the Build Back Better Act make in order an
amendment to strike the prescription drug price negotiation provi-
sions.
Answer Answer
Name & States Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 20
ROLL CALL VOTE 10
A motion offered by Mr. Cline that the Committee on the Budget
direct its Chairman to request that the rule providing for consider-
ation of the Build Back Better Act make in order an amendment
to ensure that no American earning less than $400,000 will shoul-
der the burden of the tobacco tax.
Answer Answer
Name & States Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
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JACKSON LEE (TX) X MILLER (WV) X
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1499
Answer Answer
Name & States Aye No Name & State Aye No
Present Present
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 17 and Noes 19
ROLL CALL VOTE 11
A motion offered by Mr. Carter that the Committee on the Budg-
et direct the Chairman to request that the rule providing for con-
sideration of the Build Back Better Act make in order an amend-
ment to reaffirm states have appropriate and necessary rights, au-
thority, and administration over their respective health care pro-
grams.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA) X
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 20.
ROLL CALL VOTE 12
A motion offered by Mrs. Boebert that the Committee on the
Budget direct the Chairman to request that the rule providing for
consideration of the Build Back Better Act make in order an
amendment to eliminate $310 million in funding for specified provi-
sions and use those funds to respond to hurricanes and wildfires.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
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Answer Answer
Name & State Aye No Name & State Aye No
Present Present
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 15 and Noes 19.
ROLL CALL VOTE 13
A motion offered by Mr. Donalds that the Committee on the
Budget direct the Chairman to request that the rule providing for
consideration of the bill not make in order an amendment that
would invade Americans’ privacy by requiring financial institutions
to report gross inflows or outflows of $600 or more from Americans’
financial accounts to the Internal Revenue Service (IRS).
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA)
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 18.
ROLL CALL VOTE 14
A motion offered by Mr. Feenstra that would pause the imple-
mentation of the Build Back Better Act until Congress can make
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an informed determination about the transitory or non-transitory
nature of current inflation based on analysis from the Congres-
sional Budget Office.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 15
A motion offered by Mr. Good that the Committee on the Budget
direct the Chairman to request that the rule providing for consider-
ation of the Build Back Better Act make in order an amendment
ensuring taxpayer dollars will not be used to fund abortion serv-
ices.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
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Answer Answer
Name & State Aye No Name & State Aye No
Present Present
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 16
A motion offered by Mrs. Hinson that the Committee on the
Budget direct its Chairman to request that the rule providing for
consideration of the Build Back Better Act make in order an
amendment that would limit electric vehicle tax credit eligibility
and reduce the maximum electric vehicle value allowed for eligible
purchases.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 17
A motion offered by Mr. Obernolte that the Committee on the
Budget direct its Chairman to request that the rule providing for
consideration of the Build Back Better Act make in order an
amendment to create a select committee in the House and Senate
to determine how federal spending can be further reduced moving
forward.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
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1503
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 19.
ROLL CALL VOTE 18
A motion offered by Mrs. Miller that the Committee on the Budg-
et direct its Chairman to request that the rule providing for consid-
eration of the Build Back Better Act make in order an amendment
that would strike any provisions that would increase taxes on
Americans making less than $400,000 a year.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 16 and Noes 18.
ROLL CALL VOTE 19
A motion offered by Ms. Jackson Lee that the Committee on the
Budget direct its Chairman to request that the rule providing for
consideration of the Build Back Better Act not make in order any
amendment that would impede the continued and timely imple-
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mentation of the federal Medicaid program in Texas, or any state
or territory of the United States.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI-At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
MOULTON (MA)
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 19 and Noes 16
ROLL CALL VOTE 20
A motion offered by Ms. Jackson Lee that the Committee on the
Budget direct its Chairman to request that the rule providing for
consideration of the Build Back Better Act not make in order any
amendment that would strike or modify any provision that author-
izes direct payments to metropolitan cities, particularly funding for
COVID–19 vaccinations or to protect public health and safety.
Answer Answer
Name & State Aye No Name & State Aye No
Present Present
YARMUTH (KY) (Chair) X SMITH (MO) (Ranking) X
JEFFRIES (NY) X KELLY (MS) X
HIGGINS (NY) X MCCLINTOCK (CA) X
BOYLE (PA) X GROTHMAN (WI) X
DOGGETT (TX) X SMUCKER (PA) X
PRICE (NC) X JACOBS (NY) X
SCHAKOWSKY (IL) X BURGESS (TX) X
KILDEE (MI) X CARTER (GA) X
MORELLE (NY) X CLINE (VA) X
HORSFORD (NV) X BOEBERT (CO) X
LEE (CA) X DONALDS (FL) X
CHU (CA) X FEENSTRA (IA) X
PLASKETT (VI–At Large) X GOOD (VA) X
WEXTON (VA) X HINSON (IA) X
SCOTT (VA) X OBERNOLTE (CA) X
JACKSON LEE (TX) X MILLER (WV) X
COOPER (TN) X
SIRES (NY) X
PETERS (CA)
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Answer Answer
Name & State Aye No Name & State Aye No
Present Present
JAYAPAL (WA) X (Return to Chair)
TOTALS: Ayes 19 and Noes 16
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OTHER HOUSE REPORT REQUIREMENTS
Related Committee Hearings
For the purposes of section 3(c) of rule XIII of the Rules of the
House of Representatives, the following hearing was used to de-
velop this legislation: The President’s Fiscal Year 2022 Budget,
held on June 9, 2021. The Committee received testimony from the
following witness: The Honorable Shalanda Young, Acting Director,
Office of Management and Budget. The following related hearings
were also held: the U.S. Department of Housing and Urban Devel-
opment’s Fiscal Year 2022 Budget on June 23, 2021 and the De-
partment of Defense’s Fiscal Year 2022 Budget on June 24, 2021.
Committee Consideration
On Saturday, September 25, 2021, the Committee met in open
session and ordered the bill, H.R. 5376 favorably reported, without
amendment, by a roll call vote of 20 ayes to 17 noes, a quorum
being present.
Committee Oversight Findings and Recommendations
Clause 3(c)(1) of rule XIII of the Rules of the House of Represent-
atives requires the report of a committee on a measure to contain
oversight findings and recommendations required pursuant to
Clause (2)(b)(1) of rule X. The Committee on the Budget has exam-
ined its activities over the past session and has determined that
there are no specific oversight findings in the text of the reported
bill.
Committee Estimate of Budgetary Effects
Pursuant to 3(c)(2) of rule XIII of the Rules of the House of Rep-
resentatives, the Committee adopts as its as its own the cost esti-
mate prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of 1974.
The required matter is included in the report language for each
title of the legislative recommendations submitted by the appro-
priate instructed committees and reported to the House by the
Committee on the Budget. The Committee has requested but not
received from the Director of the Congressional Budget Office a
cost estimate for the consolidated provisions.
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New Budget Authority and Cost Estimate Prepared by the
Congressional Budget Office
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
Act of 1974, and pursuant to clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the Congres-
sional Budget Act of 1974, the Committee has requested but not re-
ceived a statement as to whether these consolidated provisions con-
tain any new budget authority, spending authority, credit author-
ity, or an increase or decrease in revenues or tax expenditures.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment Con-
trol Act of 1974 requires a statement of whether the provisions of
the reported bill include unfunded mandates. Any statements re-
garding unfunded mandates for a legislative recommendation sub-
mitted by an instructed committee are included under the appro-
priate title of this report.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of the
Federal Advisory Committee Act was created by this legislation.
Applicability to the Legislative Branch
Any finding that a legislative recommendation submitted by an
instructed committee relates to the terms and conditions of employ-
ment or access to public services or accommodations within the
meaning of section 102(b)(3) of the congressional Accountability Act
(P.L. 104–1) is included under the appropriate title of this report.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of the legislation is known to be
duplicative of another Federal program, including any program
that was included in a report to Congress pursuant to section 21
of Public Law 111–139 or the most recent Catalog of Federal Do-
mestic Assistance.
Statement of General Performance Goals and Objectives
This bill is reported pursuant to Title II of S. Con. Res. 14, the
Concurrent Resolution on the Budget for Fiscal Year 2022. Pursu-
ant to Clause 3(c)(4) of rule XIII of the Rules of the House of Rep-
resentatives, the goals and objectives of this bill are to close the
gaps in our economy and society with investments in crucial prior-
ities, including education, child care, paid family and medical leave,
affordable housing, and investments in improving public health to
create good jobs to ensure American competitiveness and prosperity
for generations to come. invest in children and families, education,
toward an inclusive and strong economic recovery.
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Congressional Earmarks, Limited Tax Benefits, and Limited
Tariff Benefits
In accordance with Clause 9 of rule XXI of the Rules of the
House of Representatives, the bill does not contain any congres-
sional earmarks, limited tax benefits, or limited tariff benefits as
defined in Clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the
House of Representatives.
Section–by–Section Analysis
This matter is included in the report language for each title of
the legislative recommendations submitted by the appropriate in-
structed committees and reported to the House by the Committee
on the Budget.
Changes in Existing Law Made by the Bill, as Reported
Clause 3(e) of rule XIII of the Rules of the House of Representa-
tives requires that each report of a committee on a bill or joint res-
olution contain the text of statutes that are proposed to be repealed
and a comparative print of that part of the bill proposed to be
amended whenever the bill repeals or amends any statute. A com-
parative print of changes in existing law made by the reconciliation
bill reported by the Committee on the Budget has been requested
but not received.
Views of Committee Members
Clause 2(c) of rule XIII of the Rules of the House of Representa-
tives requires each report by a committee on a public matter to in-
clude any additional, minority, supplemental, or dissenting views
submitted pursuant to Clause 2(l) of rule XI by one or more mem-
bers of the committee. In addition, this report includes views from
members of committees submitting reconciliation recommendations
pursuant to Title II of S. Con. Res. 14 under the appropriate titles
or subtitles of this report. The Minority Views of members of the
Committee on the Budget are as follows:
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MINORITY VIEWS
Committee approval of this bill is misguided and misleading.
After failing for months to adopt a budget in a timely manner,
Democrats moved quicky when it suited their agenda to adopt a fis-
cal year (FY) 2022 budget resolution solely to trigger the reconcili-
ation process to enact a partisan, reckless tax and spending spree,
which currently calls for $4.3 trillion in new spending, $2.1 trillion
in tax increases, and will increase the federal debt by $2.4 trillion
(including $200 billion in net interest). Estimated, because at the
date of consideration by the Committee on the Budget, only four of
the 13 cost estimates were available equating to only one percent
of the bill having been scored by the Congressional Budget Office
(CBO). Due to the nature of the reconciliation process, the role of
the Budget Committee, and Senate procedures, this bill will likely
be radically amended, disregarding the numerous hours of work
across the 13 House authorizing committees and Members. For ex-
ample, it has been confirmed that major provisions in this bill,
such as granting amnesty to millions of illegal immigrants, violate
the Senate’s Byrd Rule. Additionally, as many as six of the 13
House authorizing committees have spent more than authorized by
their respective reconciliation instructions. In other words, the bill
considered by the Budget Committee is disingenuous and clearly
an attempt by Congressional Democrats to abuse the process and
push through an agenda in a nontransparent way that will ulti-
mately be rewritten by Democrat Leadership after the Budget
Committee markup in an effort to buy off votes for a bill harmful
to the American people.
It is also disconcerting that Democrats decided to use the rec-
onciliation process to push through a massive tax and spending bill
before first addressing the current budget crisis facing the nation—
the debt limit. The debt limit suspension expired on August 1, 2021
and the U.S. Department of the Treasury projects extraordinary
measures will be exhausted by mid-to-late October. Instead of ad-
dressing the debt limit to avoid default—an imminent threat—
Democrats are focused entirely on enacting a bill, as currently
drafted and considered by the Budget Committee, that adds $4.3
trillion in new spending, $2.1 trillion in tax increases, and will in-
crease the federal debt by $2.4 trillion. This is why Committee Re-
publicans offered a motion to postpone the markup by 48 hours—
to provide Congressional Democrats additional time to draft the
amendment needed to the FY 2022 budget resolution to include
reconciliation instructions to address the debt limit. Before the
Budget Committee’s markup, Ranking Member Smith also sent a
letter to Chairman Yarmuth requesting that the Committee use its
markup as an opportunity to also amend the FY 2022 budget reso-
lution to address the debt limit through the reconciliation process.
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This letter and Committee Republicans’ motion to postpone were
an effort to ensure Democrats have the necessary tools to address
the current crisis facing them, given they are the controlling party
of government, before enacting trillions of dollars in new spending.
Unfortunately, Democrats rejected this motion to postpone.
Democrats are not only failing to utilize the budget process to ad-
dress the debt limit but are acting quickly to enact the most expen-
sive piece of legislation in American history, in a rash and non-
transparent manner. CBO has yet to publish a comprehensive cost
estimate of this legislation, leaving the Budget Committee, which
serves as the House of Representatives’ scorekeeper, unable to de-
termine whether the legislation complies with the FY 2022 budget
resolution’s reconciliation instructions. In fact, 99 percent of the
bill’s cost was not scored by CBO at the time of the markup. More-
over, there is bipartisan and bicameral support for Congressional
Democrats to pause consideration of this legislation until a com-
prehensive analysis is provided on the actual budgetary and eco-
nomic impacts of this legislation.
The lack of a complete cost estimate has deprived this Committee
and Members of Congress a full accounting of this legislation’s pro-
posed spending and tax increases. This bill is the most expensive
piece of legislation in the history of the United States—its price tag
amounts to five times America’s annual defense budget, eight times
the cost of building the interstate highway system, nearly five
times annual Medicare spending to support seniors, 40 times the
annual amount invested in veterans’ health care, and more than
the gross domestic products (GDPs) of Canada and Mexico com-
bined. This bill, combined with annual government funding and the
$1.9 trillion Biden Bailout Bill enacted earlier this year, would in-
crease yearly government spending by more than 73 percent each
year for the next 10 years. This bill, if enacted, would bring total
new spending approved within the past 18 months to more than
the total combined wages of the American people. Upon enactment,
Democrats will have added $13 trillion in new spending since they
took control of the U.S. House of Representatives in 2019.
America currently faces an inflation crisis driven by Washing-
ton’s reckless spending. The prices of goods and services have in-
creased seven percent on an annualized basis since Joe Biden be-
came President, the highest since Carter-era policies. It is a serious
disservice to policymakers and the American people to debate legis-
lation without first confirming the impact the bill will have on in-
flation, a tax on all Americans. This is particularly true given the
bill as considered by the Budget Committee calls for an additional
$4.3 trillion in new spending and will increase the federal debt by
$2.4 trillion, which will likely sustain, or even exacerbate, the cur-
rent inflation crisis. An additional $2.1 trillion in taxes will also
lead to higher prices, as part of these taxes will undoubtedly be
passed on to consumers in the prices they pay for goods and serv-
ices.
Not only is the spending magnitude of this bill unprecedented,
but the spending priorities are seriously misguided. A vast majority
of the spending in this bill consists of the Democrats’ far-left wish
list items. These include: $7.5 billion to create a Civilian Climate
Corps to promote the Green New Deal; $2 billion for job training
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in ‘‘climate change’’ careers; more than $150 million on ‘‘species
protection;’’ $4 million for the President to establish an ‘‘environ-
mental justice initiative;’’ $27.5 billion for a new climate financing
‘‘green bank;’’ $6.8 billion in housing grants available to felons con-
victed of domestic violence or hate crimes; more than $100 billion
for amnesty to 10 million illegal immigrants—making them eligible
for benefits; and countless tax breaks and handouts to the wealthy,
including, but not limited to, $42.3 billion in tax credits for the
wealthy to purchase electric vehicles, $28,000 in taxpayer-funded
paid leave benefits for households making $500,000 a year, $1,200
average monthly child care subsidy for a family of four making
$200,000 a year, and $10,000 more in Obamacare premium tax
credits for families making more than $200,000 per year than for
families making $50,000 per year.
This bill includes historic tax increases on Americans totaling
$2.1 trillion. This is the largest tax increase in American history
and would lead to the highest sustained tax burden as a share of
the economy. The policies included in this bill break President
Biden’s promise to not raise taxes on families making less than
$400,000 per year. The nonpartisan Joint Committee on Taxation
(JCT) released an analysis confirming that this legislation will in
fact increase the tax burden on low- and middle-income Americans.
It contains $1.1 trillion in new taxes on American families and
small businesses, including $54.3 billion in tax increases on griev-
ing families with an enhanced death tax, a $78 billion tax hike on
America’s small businesses by limiting the 20 percent small busi-
ness deduction, and a $96.8 billion tax increase on low- and middle-
income Americans with 77 percent of the regressive tobacco tax
falling on individuals making less than $100,000 a year.
This bill creates approximately $1 trillion in new taxes on Amer-
ican job creators to drive jobs overseas, which JCT has confirmed
will overwhelmingly hit low- and middle-income Americans with
two-thirds of the tax increase falling on them. The combined fed-
eral-state tax rate would make the tax burden on America’s main
street businesses higher than Europe or communist China.
Committee Republicans offered 16 motions to instruct, to stand
up for federalism, transparency, communities in need, American
taxpayers, the sanctity of life, and working families in general, in-
cluding:
A motion offered by Representative Smith (MO) to cancel hand-
outs and tax cuts for the wealthy.
A motion offered by Representative Kelly (MS) to protect the ag-
riculture industry from a new methane fee.
A motion offered by Representative McClintock (CA) to stop am-
nesty for illegal immigrants.
A motion offered by Representative Grothman (WI) to put Amer-
ican students first.
A motion offered by Representative Smucker (PA) to protect
America’s farmers and small businesses from ruinous tax hikes.
A motion offered by Representative Jacobs (NY) to help tenants
stay in their homes while preserving affordable housing.
A motion offered by Representative Burgess (TX) to protect ac-
cess to life-saving treatments, cures, and medical innovation.
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A motion offered by Representative Cline (VA) to uphold Presi-
dent Biden’s pledge that no American earning less than $400,000
will shoulder the burden of the tobacco tax.
A motion offered by Representative Carter (GA) to ensure states’
rights in administering their health care programs.
A motion offered by Representative Boebert (CO) to prioritize
funding for combatting wildfires and hurricane relief instead of
earmarks for Speaker Pelosi and other Democrat pet projects.
A motion offered by Representative Donalds (FL) to stop the
weaponization of the Internal Revenue Service (IRS) to target
American taxpayers.
A motion offered by Representative Feenstra (IA) to provide CBO
time to analyze the remaining 99 percent of the Democrats’ pro-
posal that has yet to be scored and ensure Congress and the Amer-
ican people have a clear understanding of the true impact of the
legislation.
A motion offered by Representative Good (VA) to prevent tax-
payer dollars from being used to fund abortion services.
A motion offered by Representative Hinson (IA) to prevent sub-
sidies for the wealthy to purchase luxury electric vehicles.
A motion offered by Representative Obernolte (CA) to focus Con-
gressional attention on how to reduce spending.
A motion offered by Representative Miller (WV) to prevent tax
increases on Americans making less than $400,000 per year.
None of these motions were adopted, but several received bipar-
tisan support, including motions that would protect America’s
farmers and small businesses from ruinous tax hikes, ensure that
no American earning less than $400,000 will shoulder the burden
of the tobacco tax, and stop the weaponization of the IRS in tar-
geting American taxpayers. Additionally, there was bipartisan op-
position to the bill in the Budget Committee. With a government
shutdown approaching in less than a week, now is the time for
Congressional Democrats to refocus their priorities and put forth
policies and solutions that will help American families and address
the many crises this country is facing.
JASON SMITH,
Ranking Member.
TRENT KELLY.
TOM MCCLINTOCK.
GLENN GROTHMAN.
LLOYD SMUCKER.
CHRIS JACOBS.
MICHAEL C. BURGESS.
EARL L. ‘‘BUDDY’’ CARTER.
BEN CLINE.
LAUREN BOEBERT.
BYRON DONALDS.
RANDY FEENSTRA.
BOB GOOD.
ASHLEY HINSON.
JAY OBERNOLTE.
CAROL MILLER.
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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I—AGRICULTURE
Subtitle A—General Provisions
SECTION 10001. DEFINITIONS.
In this title:
(1) The term ‘‘insular area’’ has the meaning given such term
in section 1404 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(2) The term ‘‘Secretary’’ means the Secretary of Agriculture.
Subtitle B—Forestry
SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND FUELS RE-
DUCTION PROJECTS.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031—
(1) $10,000,000,000 for hazardous fuels reduction projects
within the wildland-urban interface;
(2) $4,000,000,000 for, on a determination by the Secretary
that hazardous fuels within the wildland-urban interface have
been effectively treated to prevent the spread of wildfire to at-
risk communities, hazardous fuels reduction projects outside
the wildland-urban interface that are—
(A) noncommercial in nature, except on a determination
by the Secretary, in accordance with the best available
science, that the harvest of merchantable materials is eco-
logically necessary for restoration and to enhance ecologi-
cal integrity, subject to the requirement that the sale of
merchantable materials shall be limited to small diameter
trees or biomass that are a byproduct of projects under
this paragraph;
(B) collaboratively developed; and
(C) carried out in a manner that—
(i) enhances the ecological integrity and achieves the
restoration of a forest ecosystem;
(ii) maximizes the retention of old-growth and large
trees, as appropriate for the forest type; and
(iii) focuses on prescribed fire as the primary means
to achieve modified wildland fire behavior, as meas-
ured by the projected reduction of uncharacteristically
severe wildfire effects for the forest type;
(3) $1,000,000,000 for vegetation management projects car-
ried out solely on National Forest System land that the Sec-
retary shall select following the receipt of proposals submitted
in accordance with subsections (a), (b), and (c) of section 4003
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1516
of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303);
(4) $500,000,000 for vegetation management projects carried
out in accordance with—
(A) a water source management plan; or
(B) a watershed protection and restoration action plan;
(5) $500,000,000 for vegetation management projects that—
(A) maintain, or contribute toward the restoration of, old
growth characteristics, including structure, composition,
function, and connectivity, according to the reference old
growth conditions characteristic of the forest type, taking
into account—
(i) the contribution of the project to landscape fire
adaptation and the ecological integrity of watershed
and ecosystem health; and
(ii) the goal of retaining the large trees contributing
to old growth structure;
(B) focus primarily on small diameter trees and pre-
scribed fire to modify fire behavior, as measured by the
projected reduction of uncharacteristically severe wildfire
effects for the forest type; and
(C) maximize the retention of large trees, as appropriate
for the forest type;
(6) $450,000,000 for the Legacy Roads and Trails program of
the Forest Service;
(7) $350,000,000 for National Forest System land manage-
ment planning and monitoring, with a focus on—
(A) the assessment of watershed, ecological, and carbon
conditions on National Forest System land; and
(B) the revision and amendment of older land manage-
ment plans that present opportunities to protect, maintain,
restore, and monitor ecological integrity, ecological condi-
tions for at-risk species, and carbon storage;
(8) $100,000,000 for maintenance of trails on National Forest
System land, with a focus on trails that provide to underserved
communities access to National Forest System land;
(9) $100,000,000 for capital maintenance and improvements
on National Forest System land, with a focus on maintenance
level 3, 4, and 5 roads and improvements that restore ecologi-
cal integrity and conditions for at-risk species;
(10) $100,000,000 to provide for more efficient and more ef-
fective environmental reviews by the Chief of the Forest Serv-
ice in satisfying the obligations of the Chief of the Forest Serv-
ice under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) through—
(A) the hiring and training of additional personnel;
(B) the development of programmatic assessments or
templates;
(C) the procurement of technical or scientific services;
(D) the development of data or technology systems;
(E) stakeholder and community engagement; and
(F) the purchase of new equipment;
(11) $50,000,000 to develop and carry out activities and tac-
tics for the protection of older and mature forests on National
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Forest System land, including completing an inventory of older
and mature forests within the National Forest System;
(12) $50,000,000 to develop and carry out activities and tac-
tics for the maintenance and restoration of habitat conditions
necessary for the protection and recovery of at-risk species on
National Forest System land in implementing Forest Service
hazardous fuels reduction and other vegetation management
programs and projects based on a science-based analysis car-
ried out by the Secretary;
(13) $50,000,000 to carry out post-fire recovery plans that—
(A) emphasize the use of locally adapted native plant
materials to restore the ecological integrity of disturbed
areas; and
(B) do not include salvage logging;
(14) $50,000,000 to develop and carry out nonlethal activities
and tactics to reduce human-wildlife conflicts on National For-
est System land; and
(15) $2,250,000,000 to be used for staffing, salaries, and
other workforce needs to support the development of a Civilian
Climate Corps for the purposes of managing National Forest
System land, subject to the conditions that—
(A) the amounts made available under this paragraph
shall be in addition to any amounts required for salaries
and expenses needed to carry out projects under this sub-
section; and
(B) members of the Civilian Climate Corps shall be com-
pensated at not less than 200 percent of the annual Fed-
eral poverty line.
(b) PRIORITY FOR FUNDING.—The Secretary shall prioritize for
implementation under this section projects described in paragraphs
(1) through (5) of subsection (a)—
(1) for which an environmental assessment or an environ-
mental impact statement required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been
completed;
(2) that are collaboratively developed; or
(3) that include opportunities to restore sustainable recre-
ation infrastructure or access or accomplish other recreation
outcomes, if the opportunities are compatible with the primary
restoration purposes of the project.
(c) LIMITATIONS.—None of the funds made available by this sec-
tion may be used for any activity—
(1) conducted in a wilderness area or wilderness study area;
(2) that includes the construction of a permanent road or
permanent trail;
(3) that includes the construction of a temporary road, except
in the case of a temporary road that is decommissioned by the
Secretary not later than 3 years after the earlier of—
(A) the date on which the temporary road is no longer
needed; and
(B) the date on which the project for which the tem-
porary road was constructed is completed;
(4) inconsistent with the applicable land management plan;
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(5) inconsistent with the prohibitions of the rule of the For-
est Service entitled ‘‘Special Areas; Roadless Area Conserva-
tion’’ (66 Fed. Reg. 3244 (January 12, 2001)), as modified by
subparts C and D of part 294 of title 36, Code of Federal Regu-
lations; or
(6) carried out on any land that is not National Forest Sys-
tem land, including other forested land on Federal, State, Trib-
al, or private land.
(d) DEFINITIONS.—In this section:
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk community’’ has
the meaning given the term in section 101 of the Healthy For-
ests Restoration Act of 2003 (16 U.S.C. 6511).
(2) COLLABORATIVELY DEVELOPED.—The term ‘‘collaboratively
developed’’ means, with respect to a project located exclusively
on National Forest System land, that the project is developed
and implemented through a collaborative process that—
(A) includes multiple interested persons representing di-
verse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory com-
mittee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determina-
tion Act of 2000 (16 U.S.C. 7125).
(3) DECOMMISSION.—The term ‘‘decommission’’ means, with
respect to a road—
(A) reestablishing native vegetation on the road;
(B) restoring any natural drainage, watershed function,
or other ecological processes that were disrupted or ad-
versely impacted by the road by removing or hydrologically
disconnecting the road prism and reestablishing stable
slope contours; and
(C) effectively blocking the road to vehicular traffic,
where feasible.
(4) ECOLOGICAL INTEGRITY.—The term ‘‘ecological integrity’’
has the meaning given the term in section 219.19 of title 36,
Code of Federal Regulations (as in effect on the date of enact-
ment of this Act).
(5) HAZARDOUS FUELS REDUCTION PROJECT.—The term ‘‘haz-
ardous fuels reduction project’’ means an activity, including the
use of prescribed fire, to protect structures and communities
from wildfire that is carried out on National Forest System
land.
(6) RESTORATION.—The term ‘‘restoration’’ has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(7) VEGETATION MANAGEMENT PROJECT.—The term ‘‘vegeta-
tion management project’’ means an activity carried out on Na-
tional Forest System land to enhance the ecological integrity
and achieve the restoration of a forest ecosystem through—
(A) the removal of vegetation;
(B) the use of prescribed fire;
(C) the restoration of aquatic habitat; or
(D) the decommissioning of an unauthorized, temporary,
or system road.
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(8) WATER SOURCE MANAGEMENT PLAN.—The term ‘‘water
source management plan’’ means a plan developed under sec-
tion 303(d)(1) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6542(d)(1)).
(9) WATERSHED PROTECTION AND RESTORATION ACTION
PLAN.—The term ‘‘watershed protection and restoration action
plan’’ means a plan developed under section 304(a)(3) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6543(a)(3)).
(10) WILDLAND-URBAN INTERFACE.—The term ‘‘wildland-
urban interface’’—
(A) in the case of the lower 48 States, means the areas
mapped as the wildland-urban interface in the document
entitled ‘‘The Wildland-Urban Interface of the
Conterminous United States’’, and published by the De-
partment of Agriculture in 2015; and
(B) in the case of the States of Alaska and Hawaii, has
the meaning given the term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION AND FUELS
REDUCTION PROJECTS AND RESEARCH.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031—
(1) $9,000,000,000 to award grants to a Tribal, State, or local
government, a regional organization, a special district, or a
nonprofit organization to support, on non-Federal land, forest
restoration and resilience projects, including projects to reduce
the risk of wildfires and establish defensible space around
structures within at-risk communities;
(2) $1,000,000,000 to award grants to a Tribal, State, or local
government, a regional organization, a special district, or a
nonprofit organization to implement community wildfire pro-
tection plans (as defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511)), purchase firefighting
equipment, provide firefighter training, and increase the capac-
ity for planning, coordinating, and monitoring projects on non-
Federal land to protect at-risk communities (as defined in sec-
tion 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511));
(3) $250,000,000 to award grants to a Tribal, State, or local
government, a regional organization, a special district, or a
nonprofit organization for projects on non-Federal land to aid
in the recovery and rehabilitation of burned areas, including
reforestation;
(4) $250,000,000 to award grants to a Tribal, State, or local
government, a regional organization, a special district, or a
nonprofit organization for projects on non-Federal land to ex-
pand equitable outdoor access and promote tourism on non-
Federal forested land for members of underserved groups;
(5) $250,000,000 for the State Fire Assistance and Volunteer
Fire Assistance programs established under the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.), to be
distributed at the discretion of the Secretary;
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(6) $250,000,000 for the implementation of State-wide forest
resource strategies under section 2A of the Cooperative For-
estry Assistance Act of 1978 (16 U.S.C. 2101a);
(7) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program a cost
share to carry out climate mitigation or forest resilience prac-
tices in the case of underserved forest landowners, subject to
the condition that subsection (h) of that section shall not apply;
(8) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program grants to
support the participation of underserved forest landowners in
emerging private markets for climate mitigation or forest resil-
ience, subject to the condition that subsection (h) of that sec-
tion shall not apply;
(9) $250,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) for providing through that program grants to
support the participation of forest landowners who own less
than 2,500 acres of forest land in emerging private markets for
climate mitigation or forest resilience, subject to the condition
that subsection (h) of that section shall not apply;
(10) $500,000,000 for the competitive grant program under
section 13A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2109a) to provide grants to states and other eligible
entities to provide payments to owners of private forest land
for implementation of forestry practices on private forest land,
that are determined by the Secretary, based on the best avail-
able science, to provide measurable increases in carbon seques-
tration and storage beyond customary practices on comparable
land, subject to the conditions that—
(A) those payments shall not preclude landowners from
participation in other public and private sector financial
incentive programs; and
(B) subsection (h) of that section shall not apply;
(11) $50,000,000 to carry out the healthy forests reserve pro-
gram established under section 501 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6571);
(12) $50,000,000 for the forest inventory and analysis pro-
gram established under section 3(e) of the Forest and Range-
land Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) for collaborative partnerships with the National Asso-
ciation of University Forest Resources Programs;
(13) $50,000,000 for the forest inventory and analysis pro-
gram established under section 3(e) of the Forest and Range-
land Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) for activities and tactics to accelerate and expand ex-
isting research efforts to improve forest carbon monitoring
technologies to better predict changes in forest carbon due to
climate change;
(14) $100,000,000 for the forest inventory and analysis pro-
gram established under section 3(e) of the Forest and Range-
land Renewable Resources Research Act of 1978 (16 U.S.C.
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1642(e)) to carry out recommendations from a panel of relevant
experts convened by the Secretary that has reviewed and,
based on the review, issued recommendations regarding the
current priorities and future needs of the forest inventory and
analysis program with respect to climate change, forest health,
sustainable wood products, and increasing carbon storage in
forests;
(15) $50,000,000 for the forest inventory and analysis pro-
gram established under section 3(e) of the Forest and Range-
land Renewable Resources Research Act of 1978 (16 U.S.C.
1642(e)) to provide enhancements to the technology managed
and used by the forest inventory and analysis program, includ-
ing cloud computing and remote sensing for purposes such as
small area estimation;
(16) $1,000,000,000 to provide grants under the wood innova-
tion grant program under section 8643 of the Agriculture Im-
provement Act of 2018 (7 U.S.C. 7655d), including for the con-
struction of new facilities that advance the purposes of the pro-
gram, subject to the conditions that—
(A) the amount of such a grant shall be not more than
$5,000,000;
(B) notwithstanding subsection (d) of that section, a re-
cipient of such a grant shall provide funds equal to not less
than 50 percent of the amount received under the grant,
to be derived from non-Federal sources; and
(C) a priority shall be placed on projects that create a fi-
nancial model for addressing forest restoration needs on
public or private forest land;
(17) $50,000,000 for the research mission area of the Forest
Service to accelerate and expand existing research efforts relat-
ing to strategies to increase carbon stocks on National Forest
System land;
(18) $50,000,000 for the research mission area of the Forest
Service to accelerate and expand existing research efforts relat-
ing to the impacts of climate change and weather variability on
national forest ecosystems;
(19) $50,000,000 for the research mission area of the Forest
Service to accelerate and expand existing research efforts relat-
ing to strategies to ensure that national forest ecosystems, in-
cluding forests, plants, aquatic ecosystems, and wildlife, are
able to adapt to climate change and weather variability;
(20) $50,000,000 for the research mission area of the Forest
Service to assess the quantity of carbon sequestration and stor-
age accomplished by different forest practices when applied in
diverse ecological and geographic settings;
(21) $50,000,000 for the research mission area of the Forest
Service to carry out greenhouse gas life cycle analyses of do-
mestic wood products;
(22) $50,000,000 for the Forest Health Monitoring Program
of the Forest Service for activities and tactics to reduce the
spread of invasive species on non-Federal forested land; and
(23) $2,250,000,000 to be used for staffing, salaries, and
other workforce needs and expenses to support the develop-
ment of a Civilian Climate Corps for carrying out projects on
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non-Federal land through the Forest Service State and private
forestry mission area and other Department of Agriculture pro-
grams, including rural and urban conservation and tree plant-
ing projects, subject to the conditions that—
(A) the amounts made available under this paragraph
shall be in addition to any amounts required for salaries
and expenses needed to carry out projects under this sub-
section; and
(B) members of the Civilian Climate Corps shall be com-
pensated at not less than 200 percent of the annual Fed-
eral poverty line.
(b) SUBMISSION OF NON-FEDERAL RESTORATION AREAS BY
STATES.—
(1) IN GENERAL.—The Governor of a State may submit to the
Secretary, in writing, a request to include with land on which
a project is carried out using amounts made available by this
section certain non-Federal land in the State.
(2) INCLUSIONS.—A written request submitted under para-
graph (1) may include 1 or more maps or recommendations.
(3) AUTHORIZATION.—On approval of a written request sub-
mitted under paragraph (1), a project may be carried out using
amounts made available by this section on the non-Federal
land in the State that is the subject of the request.
(c) COST-SHARING REQUIREMENT.—
(1) IN GENERAL.—The grants made available under para-
graphs (1) through (5) of subsection (a) shall be subject to a
non-Federal match requirement of not less than 20 percent of
the overall project cost.
(2) WAIVER.—The cost-sharing requirement under paragraph
(1) may be waived, at the discretion of the Secretary, for high
priority projects that—
(A) have the purpose of protecting human life or critical
infrastructure; and
(B) are located in counties where the average median
household income of the population is less than 150 per-
cent of the poverty line.
SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVATION PRO-
GRAMS.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated, to
remain available until September 30, 2031—
(1) $1,250,000,000 to provide competitive grants to eligible
entities through the Forest Legacy Program established under
section 7 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103c) to acquire land and interests in land that—
(A) offer significant natural carbon sequestration bene-
fits; or
(B) contribute to the resilience of community infrastruc-
ture, local economies, or natural systems;
(2) $3,000,000,000 to provide multi-year, programmatic, com-
petitive grants to a State agency, a local governmental entity,
an Indian Tribe, or a nonprofit organization through the Urban
and Community Forestry Assistance program established
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under section 9(c) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2105(c)) for tree planting and related activi-
ties to increase community tree canopy and associated societal
and climate co-benefits, with a priority for projects that in-
crease tree equity; and
(3) $100,000,000 for the acquisition of urban and community
forests through the Community Forest and Open Space Pro-
gram of the Forest Service.
(b) PRIORITY.—In providing grants under this section, the Sec-
retary shall—
(1) with respect to grants under subsection (a)(2), give pri-
ority to projects that are located in—
(A) a census block group in which 30 percent or more of
the population lives below the poverty line; and
(B) a neighborhood with lower tree canopy and higher
maximum daytime summer temperatures compared to sur-
rounding neighborhoods, as determined by the Secretary,
based on publicly available information;
(2) with respect to grants under paragraphs (1) and (2) of
subsection (a), give priority to grant applications from under-
served populations; and
(3) set aside not less than 10 percent of the amounts made
available under each of paragraphs (1) and (2) of subsection (a)
to provide grants under each of those paragraphs to individ-
uals who are members of underserved populations.
SEC. 11004. LIMITATION.
The funds made available under this subtitle are subject to the
condition that the Secretary shall not—
(1) enter into any agreement—
(A) that is for a term extending beyond September 30,
2031; and
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; and
(2) use any other funds available to the Secretary to satisfy
obligations initially made under this subtitle.
Subtitle C—Rural Development and
Energy
SEC. 12001. ADDITIONAL SUPPORT FOR THE USDA BUSINESS AND IN-
DUSTRY LOAN PROGRAM.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, and notwithstanding sections
381E through 381H and 381N of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d through 2009g and 2009m),
$40,000,000, to remain available until September 30, 2031, for the
cost of direct loans and loan guarantees for the rural business de-
velopment programs authorized under section 310B of the Consoli-
dated Farm and Rural Development Act and described in sub-
sections (a) and (g) of section 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(a) and (g)).
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SEC. 12002. ADDITIONAL SUPPORT FOR USDA RURAL WATER PRO-
GRAMS.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, and notwithstanding sections
381E through 381H and 381N of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d through 2009g and 2009m),
$430,000,000, to remain available until September 30, 2031, for the
cost of grants for rural water and waste water programs authorized
by sections 306, 306C, and 306D and described in sections
306C(a)(2) and 306D of the Consolidated Farm and Rural Develop-
ment Act in—
(1) persistent poverty counties or, notwithstanding any popu-
lation limits specified in the Consolidated Farm and Rural De-
velopment Act, a county seat of a persistent poverty county
with a population that does not exceed the authorized popu-
lation limit by more than 10 percent; and
(2) insular areas.
SEC. 12003. SUBSIDY FOR CERTAIN USDA RURAL DEVELOPMENT LOAN
PAYMENTS.
(a) APPROPRIATION.—In addition to the amounts otherwise avail-
able, there is appropriated to the Secretary for fiscal year 2022, out
of any money in the Treasury not otherwise appropriated,
$390,000,000, to remain available until September 30, 2031, to
carry out this section.
(b) USE OF FUNDS.—
(1) PAYMENT.—The Secretary shall make a payment to the
lender on a covered loan equal to half of the total of the install-
ment amounts owed by the borrower on the loan for 1 year, if
the borrower has the opportunity to opt out of the payment.
(2) ADDITIONAL PAYMENTS.—To the extent that amounts
made available by subsection (a) remain after making the pay-
ments under paragraph (1), the Secretary shall make addi-
tional loan payments on a covered loan.
(c) TERMS AND CONDITIONS.—
(1) WAIVER.—The Secretary shall waive statutory limits on
maximum loan maturities for any covered loan durations, in-
cluding those where the lender provides a deferral and extends
the maturity of a covered loan during the 1-year period begin-
ning with the date of enactment of this Act.
(2) EXTENSION.—The Secretary shall, when necessary to pro-
vide more time because of the potential of higher volumes,
travel restrictions, and the inability to access some properties
during the COVID-19 pandemic, extend lender site visit re-
quirements to—
(A) not more than 60 days (which may be extended at
the discretion of the Secretary) after the occurrence of an
adverse event, other than a payment default, that causes
a loan to be classified as in liquidation; and
(B) not more than 90 days after a payment default.
(d) DEFINITION.—In this section, the term ‘‘covered loan’’
means—
(1) a business and industry loan made or guaranteed before
January 1, 2021, under subsection (a) or (g) of section 310B of
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the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(a) or (g));
(2) a loan that is made by an intermediary lender before Jan-
uary 1, 2021, to an ultimate recipient using a loan received
under section 1323 of the Food Security Act of 1985 (7 U.S.C.
1932 note; Public Law 99–198) or section 310H of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1936b); and
(3) a loan that is made by a microenterprise development or-
ganization before January 1, 2021, to a microentrepreneur
under section 379E of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 2008s).
SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.
(a) APPROPRIATION.—In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$200,000,000, to remain available until September 30, 2031, to
carry out this section.
(b) USE OF FUNDS.—
(1) IN GENERAL.—Except as provided in paragraph (2) of this
subsection, at the election of an eligible entity to which a loan
is made under section 6407(c) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(c)), the Secretary shall
make a grant to the eligible entity in an amount equal to not
more than 5 percent of the loan amount for the purposes of
costs incurred in—
(A) applying for a loan received under section 6407(c) of
such Act;
(B) making a loan under section 6407(d) of such Act;
(C) making repairs to the property of a qualified con-
sumer that facilitate the energy efficiency measures for the
property financed through a loan under section 6407(d) of
such Act;
(D) entering into a contract under section 6407(e) of such
Act; or
(E) carrying out the duties of an eligible entity under
section 6407 of such Act.
(2) PERSISTENT POVERTY COUNTIES.—In the case that the
grant is for the purpose of making a loan under section 6407(d)
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107a(d)) to a qualified consumer in a persistent pov-
erty county (as determined by the Secretary), the percentage
limitation in paragraph (1) of this subsection shall be 10 per-
cent.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ has the
meaning given the term in section 6407(b) of the Farm Secu-
rity and Rural Investment Act of 2002 (7 U.S.C. 8107a(b)).
(2) QUALIFIED CONSUMER.—The term ‘‘qualified consumer’’
has the meaning given the term in section 6407(b) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a(b)).
SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.
(a) APPROPRIATION.—In addition to amounts otherwise available,
there is appropriated to the Secretary, out of any money in the
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1526
Treasury not otherwise appropriated, for eligible projects under the
Rural Energy for America Program established under section 9007
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107)—
(1) $811,750,000 for fiscal year 2022, to remain available
until September 30, 2031, and for which there may be no out-
lays after September 30, 2031; and
(2) $272,000,000 for each of fiscal years 2023 through 2027,
to remain available until September 30, 2031, and for which
there may be no outlays after September 30, 2031.
(b) UNDERUTILIZED RENEWABLE ENERGY TECHNOLOGIES.—In ad-
dition to amounts otherwise available, there is appropriated to the
Secretary, out of any money in the Treasury not otherwise appro-
priated, to provide grants and other financial assistance under the
program described in subsection (a) relating to underutilized re-
newable energy technologies, and to provide technical assistance
for applying to such program, as determined by the Secretary, and
to the extent the following amounts remain available at the end of
each fiscal year, the Secretary shall use such amounts in accord-
ance with subsection (a)—
(1) $143,250,000 for fiscal year 2022, to remain available
until September 30, 2031, and for which there may be no out-
lays after September 30, 2031; and
(2) $48,000,000 for each of fiscal years 2023 through 2027,
to remain available until September 30, 2031, and for which
there may be no outlays after September 30, 2031.
(c) NON-FEDERAL SHARE.—Notwithstanding section 9007(c)(3)(A)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(c)(3)(A)), the amount of a grant provided using amounts made
available by this section shall not exceed 50 percent of the cost of
the activity carried out using the grant funds.
SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT
MARKET EXPANSION.
(a) APPROPRIATION.—In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$960,000,000, to remain available until September 30, 2031, to
carry out this section.
(b) USE OF FUNDS.—The Secretary shall use the amounts made
available by subsection (a) to provide grants, on a competitive
basis, to eligible entities described in subsection (c)—
(1) to install, retrofit, or otherwise upgrade fuel dispensers
or pumps and related equipment, storage tank system compo-
nents, and other infrastructure required at a location to ensure
the environmentally safe availability of fuel containing ethanol
blends at levels greater than 10 percent (as determined by the
Secretary) or fuel containing biodiesel blends at levels greater
than 20 percent (as determined by the Secretary); and
(2) to build and retrofit distribution systems for ethanol
blends, traditional and pipeline biodiesel terminal operations
(including rail lines), and home heating oil distribution centers
or equivalent entities—
(A) to blend biodiesel; and
(B) to carry ethanol and biodiesel.
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(c) ELIGIBLE ENTITIES.—Entities eligible to receive a grant under
this section are transportation fueling facilities and distribution fa-
cilities, including fueling stations, convenience stores, hypermarket
retailer fueling stations, fleet facilities, as well as fuel terminal op-
erations, midstream partners, and heating oil distribution facilities
or equivalent entities.
(d) FEDERAL SHARE.—The Federal share of the total cost of car-
rying out a project for which a grant is provided under this section
shall be not more than 75 percent.
(e) LIMITATION.—The Secretary may not limit the amount of
funding an eligible entity may receive under this section.
SEC. 12007. CLEAN ENERGY REPOWERING FOR RURAL UTILITIES.
(a) APPROPRIATION.—In addition to amounts otherwise available,
there is appropriated to the Secretary for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated,
$9,700,000,000, to remain available until September 30, 2031, to
provide to an eligible entity assistance under paragraphs (1) and
(2) by prioritizing such assistance to eligible entities that will
achieve the greatest reduction in greenhouse gas emissions using
such assistance and that will otherwise aid disadvantaged commu-
nities (as determined by the Secretary) when—
(1) making grants and loans (including the cost of loans and
modifications thereof as defined in section 502 of the Congres-
sional Budget Act of 1974) to purchase renewable energy or re-
newable energy systems (as defined in section 9001(15) and
(16) of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101(15) and (16))), deploy renewable energy systems,
or make energy efficiency improvements after the date of en-
actment of this Act; and
(2) making grants for debt relief and other costs associated
with terminating, after the date of enactment of this Act or up
to one year prior to the date of enactment, the use of—
(A) facilities with high greenhouse gas emissions; and
(B) related transmission assets.
(b) LIMITATION.—No eligible entity may receive an amount equal
to more than 10 percent of the total amount made available by this
section.
(c) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) an electric cooperative described in section 501(c)(12) or
1381(a)(2) of the Internal Revenue Code of 1986; and
(2) an entity primarily owned or controlled by 1 or more enti-
ties described in paragraph (1).
SEC. 12008. RURAL PARTNERSHIP PROGRAM.
(a) RURAL PROSPERITY DEVELOPMENT GRANTS.—
(1) APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$3,500,000,000, to remain available until September 30, 2031,
to carry out this subsection to provide grants to support rural
development under this subsection.
(2) ALLOCATION OF FUNDS.—
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(A) FORMULA.—The Secretary shall establish a formula
pursuant to which the Secretary shall allocate, for each
State and for Indian Tribes, an amount to be provided
under this subsection to eligible applicants described in
paragraph (3).
(B) REQUIREMENTS.—
(i) FORMULA.—The formula established under sub-
paragraph (A) shall include a graduated scale for the
amount to be allocated under this subsection for eligi-
ble applicants in each State and eligible applicants of
Indian Tribes, with higher amounts provided based on
lower populations and lower income levels, as deter-
mined by the Secretary.
(ii) PRIORITY.—In awarding grants under this sub-
section to eligible applicants in each State and eligible
applicants of Indian Tribes, the Secretary shall give
priority to eligible applicants representing a
micropolitan statistical area (as defined by the Office
of Management and Budget) and 1 or more rural areas
contiguous to that micropolitan statistical area.
(3) ELIGIBLE APPLICANTS.—The Secretary may make a grant
under this subsection to a partnership no member of which has
received a grant under subsection (b) and that—
(A) is composed of—
(i) entities representing a region composed of 1 or
more rural areas, including—
(I) except as provided in subparagraph (B), 1 or
more of—
(aa) a unit of local government;
(bb) a Tribal government; or
(cc) an authority, agency, or instrumentality
of an entity described in item (aa) or (bb); and
(II) a nonprofit or for-profit organization, includ-
ing a public benefit corporation, an economic de-
velopment organization, a community or labor or-
ganization, an institution of higher education, a
community development financial institution, a
philanthropic organization, an instrumentality of
a State agency relevant to community and rural
development, a cooperative extension, an institu-
tion in the Farm Credit System, and a local food
policy council; and
(ii) such other entities as the Secretary or the part-
nership may determine to be appropriate;
(B) does not include a member described in subpara-
graph (A)(i)(I), but demonstrates significant community
support sufficient to support a likelihood of success on the
proposed projects, as determined by the Secretary; and
(C) demonstrates, as determined by the Secretary, co-
operation among the members of the partnership nec-
essary to complete comprehensive, asset-based rural devel-
opment to align Federal, State, regional, and Tribal invest-
ment, while leveraging nongovernmental resources, to
build economic resilience and aid economic recovery, in-
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cluding in communities impacted by economic transitions
and climate change.
(4) ELIGIBLE ACTIVITIES.—The use of grant funds provided
under this subsection may be used for the following purposes,
provided that, where applicable, the performance of any con-
struction work completed with the grant funds shall meet the
condition described section 9003(f) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8103(f)):
(A) Conducting comprehensive rural development and
pre-development activities and planning.
(B) Supporting organizational operating expenses relat-
ing to the rural development activities for which the grant
was provided.
(C) Implementing planned rural development activities
and projects.
(5) TERMS AND CONDITIONS.—
(A) IN GENERAL.—The recipient of a grant under this
subsection may not receive an additional grant under this
subsection or funding to implement activities pursuant to
a rural development plan unless the recipient provides to
the Secretary an annual plan and report, which the Sec-
retary has approved, on the use of each grant provided to
the recipient under this subsection.
(B) LIMITATION.—Not more than 25 percent of amounts
received by a recipient of a grant under this subsection
may be used to satisfy a Federal matching requirement of
any other program.
(6) MATCHING REQUIREMENT.—
(A) IN GENERAL.—Subject to subparagraph (B), the re-
cipient of a grant under this subsection shall contribute a
non-Federal match of 25 percent of the amount of the
grant, which may be satisfied through an in-kind contribu-
tion.
(B) WAIVER.—The Secretary may waive any portion of
the matching requirement described in subparagraph (A)
on a finding that the recipient of the applicable grant is
economically distressed.
(b) RURAL PROSPERITY INNOVATION GRANTS.—
(1) APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated,
$370,000,000, to remain available until September 30, 2031, to
carry out this subsection.
(2) ELIGIBLE APPLICANTS.—The Secretary may make a grant
under this subsection to an entity that has not received a grant
under subsection (a) and that—
(A) serves rural areas; and
(B) is a qualified nonprofit corporation or an institution
of higher education.
(3) ELIGIBLE ACTIVITIES.—A grant provided under this sub-
section may be used—
(A) to support activities of the recipient relating to—
(i) development and predevelopment planning as-
pects of rural development; and
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(ii) organizational capacity-building necessary to
support the rural development activities funded by the
grant; and
(B) to support the recipient of a grant under subsection
(a) in carrying out activities for which that grant was pro-
vided.
(4) MATCHING REQUIREMENT.—The recipient of a grant under
this subsection shall contribute a non-Federal match of 20 per-
cent of the amount of the grant.
(c) DEFINITIONS.—In this section:
(1) RURAL AREA.—The term ‘‘rural area’’ has the meaning
given the term in section 343(a)(13)(C) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(C)).
(2) STATE.—The term ‘‘State’’ means—
(A) the 50 States of the United States;
(B) the District of Columbia; and
(C) the insular areas.
SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRA-
TIVE FUNDS.
In addition to amounts otherwise available, there is appropriated
to the Secretary for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $545,000,000, to remain
available until September 30, 2031, for administrative costs and
salaries and expenses for the Rural Development mission area and
for research, data collection, and other associated costs for section
12008.
Subtitle D—Research and Urban
Agriculture
SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH FUNDING.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary, out of any money in
the Treasury not otherwise appropriated, to remain available until
September 30, 2031—
(1) to the Agricultural Research Service, $250,000,000 for fis-
cal year 2022, to carry out agricultural research relating to cli-
mate change, including through climate hubs, long-term
agroecosystem research, nutrient uses and outcomes, soil car-
bon data collection, and other related agricultural climate
science;
(2) to the Economic Research Service, $45,000,000 for fiscal
year 2022, to carry out economic analysis and economic agri-
cultural research relating to climate change;
(3) to the Office of the Chief Economist, $3,200,000 for each
of fiscal years 2022 through 2026, to carry out economic anal-
ysis and economic agricultural research relating to climate
change and environmental services markets;
(4) to the National Agricultural Statistics Service—
(A) $40,000,000 for fiscal year 2022, to carry out data
collection and agricultural research relating to climate
change; and
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(B) $14,000,000 for fiscal year 2022, for measurements,
a survey, and data collection to conduct the study required
under section 7212(b) of the Agriculture Improvement Act
of 2018 (Public Law 115–334; 132 Stat. 4812), which shall
be completed not later than December 31, 2022;
(5) to the National Institute of Food and Agriculture—
(A) to carry out agricultural education, extension, and
research relating to climate change—
(i) through the Agriculture and Food Research Ini-
tiative established by subsection (b) of the Competi-
tive, Special, and Facilities Research Grant Act (7
U.S.C. 3157(b))—
(I) $25,000,000 for each of fiscal years 2022 and
2023; and
(II) $150,000,000 for each of fiscal years 2024
through 2026;
(ii) through the sustainable agriculture research
education program established under sections 1619,
1621, 1622, 1628, and 1629 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5801,
5811, 5812, 5831, 5832)—
(I) $25,000,000 for each of fiscal years 2022 and
2023; and
(II) $150,000,000 for each of fiscal years 2024
through 2026;
(iii) through the crop protection pest management
competitive grant program authorized under section
406 of the Agricultural Research, Extension, and Edu-
cation Reform Act of 1998 (7 U.S.C. 7626), $30,000,000
for fiscal year 2022;
(iv) through the Agricultural Genome to Phenome
Initiative established under section 1671 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5924), $20,000,000 for fiscal year 2022;
(v) through the organic agriculture research and ex-
tension initiative established under section 1672B of
the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925b)—
(I) $15,000,000 for fiscal year 2022;
(II) $5,000,000 for fiscal year 2023; and
(III) $60,000,000 for each of fiscal years 2024
through 2026;
(vi) through the urban, indoor, and other emerging
agricultural production research, education, and exten-
sion initiative established under section 1672E of the
Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925g), $65,000,000 for fiscal year
2022;
(vii) through the centers of excellence led by 1890
Institutions established under section 1673(d) of the
Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5926(d)), $15,000,000 for fiscal year
2022;
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(viii) through the specialty crop research and exten-
sion initiative established by section 412 of the Agri-
cultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632)—
(I) $10,000,000 for each of fiscal years 2022 and
2023; and
(II) $60,000,000 for each of fiscal years 2024
through 2026;
(ix) through the cooperative extension under the
Smith-Lever Act (7 U.S.C. 341 et seq.) for technical as-
sistance, technology adoption, and other extension ac-
tivities relating to climate change—
(I) $60,000,000 for each of fiscal years 2022 and
2023; and
(II) $160,000,000 for each of fiscal years 2024
through 2026;
(x) through the cooperative extension at 1994 Insti-
tutions in accordance with section 3(b)(3) of the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $8,000,000 for each of
fiscal years 2022 through 2026; and
(xi) through the cooperative extension at 1890 Insti-
tutions under section 1444 of the National Agricul-
tural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221), $25,200,000 for each of fiscal
years 2022 through 2026;
(B) $2,664,500,000 for fiscal year 2022, for grants for
construction, alteration, acquisition, modernization, ren-
ovation, or remodeling of agricultural research facilities,
including related building costs associated with compliance
with applicable Federal and State law, under section 4 of
the Research Facilities Act (7 U.S.C. 390b), subject to the
condition that, notwithstanding section 3(c)(2)(A) of that
Act (7 U.S.C. 390a(c)(2)(A)), the recipient of a grant pro-
vided using those amounts shall not be required to provide
any non-Federal share of total funding provided under this
subparagraph;
(C) $985,500,000 for fiscal year 2022, for grants to cov-
ered institutions for construction, alteration, acquisition,
modernization, renovation, or remodeling of agricultural
research facilities, including related building costs associ-
ated with compliance with applicable Federal and State
law, under section 4 of the Research Facilities Act (7
U.S.C. 390b), subject to the condition that notwithstanding
section 3(c)(2)(A) of that Act (7 U.S.C. 390a(c)(2)(A)), the
recipient of a grant provided using those amounts shall not
be required to provide any non-Federal share of total fund-
ing provided under this subparagraph;
(D) $100,000,000 for fiscal year 2022, for research equip-
ment grants under section 1462A of the National Agricul-
tural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3310a);
(E) for the scholarships for students at 1890 Institutions
grant program under section 1446 of the National Agricul-
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tural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3222a)—
(i) $10,000,000 for each of fiscal years 2022 and
2023;
(ii) $50,000,000 for each of fiscal years 2024 and
2025; and
(iii) $70,000,000 for fiscal year 2026;
(F) $10,000,000 for each of fiscal years 2022 through
2026, for grants to land-grant colleges and universities to
support Tribal students under section 1450 of that Act (7
U.S.C. 3222e) and for purposes of this subparagraph, sec-
tion 1450(b)(4) of such Act shall not apply; and
(G) $10,000,000 for each of fiscal years 2022 through
2026, for the Higher Education Multicultural Scholars Pro-
gram carried out pursuant to section 1417 of that Act (7
U.S.C. 3152);
(6) to the Office of the Chief Scientist, to carry out advanced
research and development relating to climate through the Agri-
culture Advanced Research and Development Authority under
section 1473H of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3319k)—
(A) $10,000,000 for each of fiscal years 2022 and 2023;
and
(B) $120,000,000 for each of fiscal years 2024 through
2026;
(7) to the Foundation for Food and Agriculture Research, to
carry out activities relating to climate change in accordance
with section 7601 of the Agricultural Act of 2014 (7 U.S.C.
5939), to be considered as provided pursuant to subsection
(g)(1)(A) of that section, and subject to the condition that the
Foundation shall not secure funds from any institution of high-
er education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) to fulfill the matching funds re-
quirement under section 7601(g)(1)(B)(i) of the Agricultural Act
of 2014 (7 U.S.C. 5939(g)(1)(B)(i))—
(A) $45,000,000 for each of fiscal years 2022 and 2023;
and
(B) $150,000,000 for each of fiscal years 2024 through
2026;
(8) for biomass research, $5,000,000 for fiscal year 2022, to
carry out agriculture climate research on biomass, including
pyrolysis and biochar, and related activities in accordance with
section 9008 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108); and
(9) to the Office of Urban Agriculture and Innovative Produc-
tion, $62,000,000 for each of fiscal years 2022 and 2023, to
carry out activities in accordance with section 222 of the De-
partment of Agriculture Reorganization Act of 1994 (7 U.S.C.
6923).
(b) COVERED INSTITUTION DEFINED.—In this section, the term
‘‘covered institution’’ means—
(1) an 1890 Institution (as defined in section 2 of the Agricul-
tural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7601));
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(2) a 1994 Institution (as defined in section 532 of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103–382));
(3) an Alaska Native serving institution or Native Hawaiian
serving institution eligible to receive grants under subsections
(a) and (b), respectively, of section 1419B of the National Agri-
cultural Research, Extension, and Teaching Policy Act of 1977
(7 U.S.C. 3156);
(4) Hispanic-serving agricultural colleges and universities
and Hispanic-serving institutions (as those terms are defined
in section 1404 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
(5) an eligible institution (as defined in section 1489 of the
National Agricultural Research, Extension, and Teaching Pol-
icy Act of 1977 (7 U.S.C. 3361) (relating to institutions of high-
er education in insular areas)); and
(6) the University of the District of Columbia established
pursuant to the Act of July 2, 1862 (commonly known as the
‘‘First Morrill Act’’) (7 U.S.C. 301 et seq.).
SEC. 13002. LIMITATION.
The funds made available under this subtitle are subject to the
condition that the Secretary shall not—
(1) enter into any agreement—
(A) that is for a term extending beyond September 30,
2031; and
(B) under which any payment could be outlaid or funds
disbursed after September 30, 2031; and
(2) use any other funds available to the Secretary to satisfy
obligations initially made under this subtitle.
Subtitle E—Miscellaneous
SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE THE INSPECTOR
GENERAL.
In addition to amounts otherwise made available, there is appro-
priated to the Office of the Inspector General of the Department of
Agriculture for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, $5,000,000 to remain available until
September 30, 2031, for audits, investigations, and other oversight
activities of projects and activities carried out with funds made
available to the Department of Agriculture under this title.
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TITLE II—COMMITTEE ON EDUCATION
AND LABOR
Subtitle A—Education Matters
PART 1—ELEMENTARY AND SECONDARY
EDUCATION
SEC. 20001. REBUILD AMERICA’S SCHOOLS GRANT PROGRAM.
(a) IN GENERAL.—In addition to amounts otherwise available,
there is appropriated to the Department of Education—
(1) for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $1,270,000,000, to remain available
until September 30, 2025, for carrying out this section; and
(2) for each of fiscal years 2023 through 2024, out of any
money in the Treasury not otherwise appropriated,
$39,643,650,000, to remain available until September 30, 2026,
for carrying out this section.
(b) REBUILD AMERICA’S SCHOOLS GRANTS AUTHORIZED.—From
funds provided under paragraphs (1) and (2) of subsection (a), the
Secretary shall award grants in fiscal years 2022 through 2024 to
State educational agencies in accordance with subsection (c).
(c) REBUILD AMERICA’S SCHOOLS GRANTS.—
(1) ELIGIBILITY.—A State educational agency is eligible for
an allocation under this section—
(A) with respect to fiscal year 2022, for the purpose of
public school facilities inventory efforts in accordance with
paragraph (3)(A); and
(B) with respect to fiscal years 2023 and 2024, if such
State educational agency has had approved by the Sec-
retary a State facilities plan developed under paragraph
(3)(A)(ii)(I), for the purpose of improving public school fa-
cilities in accordance with paragraph (3)(B).
(2) ALLOCATIONS TO STATES.—The amount allocated to each
State educational agency under paragraph (1) shall be in the
same proportion as the amounts distributed to the State under
part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311) in the most recent fiscal year, rel-
ative to the total amount received under such part by all other
States receiving an allocation under this section in such fiscal
year.
(3) STATE USES OF FUNDS.—A State educational agency that
receives an allocation under paragraph (1)—
(A) with respect to fiscal year 2022, shall use—
(i) not less than 80 percent of such allocation to
award subgrants to local educational agencies (includ-
ing public charter schools that are local educational
agencies) in the State, in proportion to the amount of
funds such local educational agencies and charter
schools received under part A of title I of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
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6311) in the most recent fiscal year, to support each
such local educational agency in—
(I) the development and publication of a local fa-
cilities master plan to address the health, safety,
education equity, enrollment diversity, environ-
mental sustainability, and climate resiliency of
the public school facilities operated by such agen-
cy; and
(II) the collection and submission of data to the
State educational agency to support implementa-
tion of the State school facilities database; and
(ii) not more than 20 percent of such allocation to—
(I) develop a State facilities plan that details—
(aa) how the State will use grant funds re-
ceived under this section and State funds to
make improvements to public school facilities
of eligible local educational agencies to ad-
dress disparities in both the financing and ex-
penditures of school facilities capital outlay
projects and in the conditions of public school
facilities between eligible local educational
agencies and other local educational agencies
in the State;
(bb) how the State will develop a competi-
tive process to provide subgrants to eligible
local educational agencies, including the
State’s criteria for subgrant eligibility; and
(cc) how the State will, in carrying out the
competitive process for subgrants described in
item (bb), take into consideration the impact
that such subgrants may have on increasing
student diversity and decreasing racial and
socioeconomic isolation of students attending
public elementary or secondary schools im-
proved by such subgrants;
(II) develop and operate (directly or through
grants or contracts) the State school facilities
database; and
(III) provide technical assistance to local edu-
cational agencies in carrying out activities de-
scribed in clause (i) and supports related to the re-
quirements of paragraph (4) for eligible local edu-
cational agencies; and
(B) with respect to each of fiscal years 2023 and 2024,
shall—
(i) use not less than 90 percent of such allocation to
award subgrants on a competitive basis to eligible
local educational agencies with approved applications
described in paragraph (4)(A); and
(ii) use not more than 10 percent of such allocation
to—
(I) maintain and update (directly or through
grants or contracts) the State school facilities
database;
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(II) provide technical assistance to eligible local
educational agencies in the State in carrying out
school facilities capital outlay projects, including
technical assistance regarding capital construc-
tion, energy efficiency, and climate resiliency;
(III) develop and implement State-level strate-
gies for safe, healthy, energy efficient, and envi-
ronmentally resilient public school facilities that
address—
(aa) indoor air quality;
(bb) water quality;
(cc) energy and water efficiency;
(dd) renewable energy and decarbonization;
(ee) exposure to toxic substances, including
mercury, radon, polychlorinated biphenyls,
lead, vapor intrusions, and asbestos;
(ff) climate resiliency;
(gg) emergency preparedness for natural or
man-made disasters or emergencies; and
(hh) structural hazards created by
pyrrhotite, as determined by an engineer’s re-
port and pyrrhotite testing;
(IV) provide professional development opportu-
nities for State and local staff involved in mainte-
nance and operations and school facilities capital
outlay projects; and
(V) administer and monitor the implementation
of subgrants provided under clause (i).
(4) REBUILD AMERICA’S SCHOOLS SUBGRANTS TO ELIGIBLE
LOCAL EDUCATIONAL AGENCIES.—
(A) APPLICATION.—The State educational agency shall
require an eligible local educational agency desiring a
subgrant under paragraph (3)(B)(i) to submit an applica-
tion to the State educational agency that, at a minimum,
includes—
(i) a certification that the eligible local educational
agency shall use subgrant funds for school facilities
capital outlay projects that prioritize the improvement
of the public school facilities of such agency that serve
the highest numbers or percentages of students who
are eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42
U.S.C. 1751), under a method established by the Sec-
retary; and
(ii) such agency’s facilities master plan.
(B) REBUILD AMERICA’S SCHOOLS SUBGRANT USE OF
FUNDS.—An eligible local educational agency that receives
a subgrant under paragraph (3)(B)(i) shall use such funds
to carry out school facilities capital outlay projects, includ-
ing 1 or more of the following:
(i) Assessing, planning, designing, constructing,
modernizing, retrofitting, or decarbonizing public
school facilities.
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(ii) Carrying out major repairs of public school facili-
ties, including repairs to extend the life of facilities
systems and components by not less than 10 years.
(iii) Upgrading or replacing major facilities systems,
components, furniture, fixtures, and equipment with a
life of not less than 10 years.
(iv) Constructing new public school facilities, includ-
ing when student enrollment exceeds the physical and
instructional capacity of public school facilities.
(v) Purchasing and preparing sites on which public
school facilities will be constructed.
(vi) Improving energy and water efficiency in public
school facilities, including improvements related to
clean energy.
(vii) Reducing or eliminating the presence of health
and safety hazards in public school facilities, includ-
ing—
(I) toxic substances, including mercury, radon,
polychlorinated biphenyls, lead, and asbestos;
(II) mold or mildew;
(III) rodents and pests; and
(IV) structural hazards created by pyrrhotite.
(viii) Improving instructional or outdoor public
school facilities relating to early learning, special edu-
cation, science, technology, career and technical edu-
cation, physical education, the arts, literacy (including
library programs), or community-based partnerships.
(ix) Improving the public school facilities of magnet
schools, or other instructional programs, designed to
increase student diversity and decrease racial or socio-
economic isolation.
(x) Supporting independent commissioning and cer-
tification of public school facilities, public school facil-
ity systems, and school facilities capital outlay
projects.
(d) CONDITIONS.—
(1) STATE MATCHING REQUIREMENT.—
(A) IN GENERAL.—As a condition of receiving an alloca-
tion under subsection (c)(1)(B), a State shall contribute,
from non-Federal sources, an amount equal to 10 percent
of the amount of the allocation received under such sub-
section to carry out activities supported by such allocation.
(B) EXEMPTION.—States that contributed an average of
10 percent or greater toward total local educational agency
capital outlay from non-Federal funds, within the most re-
cent 5-year fiscal period, are exempt from the State match-
ing requirement under subparagraph (A).
(2) STATE MAINTENANCE OF EFFORT.—
(A) IN GENERAL.—The State shall provide an assurance
to the Secretary that for each fiscal year that the State re-
ceives an allocation under this section, the State’s share of
school facilities capital outlay will be not less than 90 per-
cent of the average of the State’s share of school facilities
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capital outlay for the 5 years preceding the 2020 fiscal
year.
(B) WAIVER.—Notwithstanding subparagraph (A), in re-
sponse to a request from a State, the Secretary may mod-
ify or waive, in whole or in part, the requirement of sub-
paragraph (A) if the Secretary determines that such State
demonstrates an exceptional or uncontrollable cir-
cumstance, such as a natural disaster, pandemic, or pre-
cipitous decline in revenue.
(3) SUPPLEMENT NOT SUPPLANT.—As a condition of receiving
an allocation under subsection (c)(1)(B), a State shall use funds
received under this section only to supplement the level of
State and local public funds that would, in the absence of the
receipt of Federal funds under this section, be made available
for the State’s contribution to school facilities capital outlays,
and not to supplant those other funds.
(e) DEFINITIONS.—
(1) ESEA TERMS.—The terms ‘‘elementary school’’, ‘‘local edu-
cational agency’’, ‘‘secondary school’’, and ‘‘State educational
agency’’ have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term ‘‘eligi-
ble local educational agency’’ means a local educational agency
(including a public charter school that is a local educational
agency under State law) in a State that—
(A) is identified by the State based on the criteria estab-
lished under the State facilities plan as among the local
educational agencies in such State with—
(i) the highest numbers or percentages of students
counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333(c));
or
(ii) the most limited capacity to raise funds for the
long-term improvement of public school facilities, as
determined by an assessment of factors determined by
the Secretary;
(B) certifies that any funds received under this section
shall be used to prioritize the improvement of public school
facilities of public elementary or secondary schools that
serve the highest percentages of students who are eligible
for a free or reduced price lunch under the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1751), under a
method established by the Secretary; and
(C) certifies that any public school facilities improved by
funds received under this section are—
(i) operated and managed by a public agency or a
non-profit private entity; and
(ii)(I) owned or leased from a public agency; or
(II) owned or leased from a private entity, except
that no individual associated with such private entity
may have a financial interest or management role in
the local educational agency.
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(3) LOCAL FACILITIES MASTER PLAN.—The term ‘‘local facili-
ties master plan’’ means a plan of a local educational agency
developed under subsection (c)(3)(A)(i)(I) by the local edu-
cational agency, in consultation with local stakeholders, which
includes an assessment of such agency’s public school facilities,
financing of school capital project outlays, and student enroll-
ment levels, and other factors determined by the Secretary.
(4) OPERATIONS AND MAINTENANCE OF SCHOOL FACILITIES.—
The term ‘‘operations and maintenance of school facilities’’
means the labor, contracts, and supplies and materials sup-
ported by a local educational agency’s annual operating budget
related to—
(A) cleaning, groundskeeping, and preventive and rou-
tine maintenance of public school facilities and grounds;
(B) minor repairs and operations of building systems and
equipment for public school facilities; and
(C) payments for utilities for public school facilities.
(5) PUBLIC SCHOOL FACILITY.—The term ‘‘public school facil-
ity’’ means a school facility operated by a local educational
agency that is primarily used to educate students, including
outdoor facilities and grounds, but does not include—
(A) a facility that is primarily used for athletic contests
or exhibitions or other events for which admission is
charged to the general public;
(B) a vehicle; or
(C) a district central office, operation center, or other
school facility if it is not primarily used to educate stu-
dents.
(6) SCHOOL FACILITIES CAPITAL OUTLAY PROJECT.—The term
‘‘school facilities capital outlay project’’ means the assessment,
planning, design, construction, renovation, repair, manage-
ment, and financing of a public school facility project with a
life expectancy of at least 10 years, but does not include oper-
ations and maintenance of school facilities.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Education.
(8) STATE.—The term ‘‘State’’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
(9) STATE’S CONTRIBUTION TO SCHOOL FACILITIES CAPITAL
OUTLAYS.—The term ‘‘State’s contribution to school facilities
capital outlays’’ means the total amount of State appropria-
tions on elementary and secondary education capital expendi-
tures in the State, including—
(A) State aid reimbursements for school facilities capital
outlay projects;
(B) State payment of debt service for school facilities
capital outlay projects;
(C) direct payment of school facilities capital outlay
projects; and
(D) grants or facilities allowances to charter schools for
facilities capital projects.
(10) STATE FACILITIES PLAN.—The term ‘‘State facilities plan’’
means a State’s plan developed by the State educational agen-
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cy, in accordance with subsection (c)(3)(A)(ii)(I) and including
plan elements determined by the Secretary, for the purpose of
being eligible for an allocation described in subsection (c)(1)(B).
(11) STATE SCHOOL FACILITIES DATABASE.—The term ‘‘State
school facilities database’’ means an electronic, publicly avail-
able database maintained by the State educational agency that
contains an inventory of the infrastructure of all public school
facilities in the State, including the data elements determined
by the Secretary.
SEC. 20002. OUTLYING AREAS.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $410,900,000,
to remain available until September 30, 2026, for the Secretary of
Education to allocate to each outlying area (as defined in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)) an amount in proportion to the amount received by
the outlying area under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311) in the most recent
fiscal year relative to the total amount received under such part for
such fiscal year by all outlying areas, to carry out the activities de-
scribed in section 20001(c) in the outlying areas.
SEC. 20003. IMPACT AID CONSTRUCTION GRANTS.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $410,900,000,
to remain available until September 30, 2026, for making payments
to local educational agencies in accordance with the same terms
and conditions as the terms and conditions of section 7007 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707),
except that—
(1) subsection (a)(2)(A) of such section shall be applied by
substituting ‘‘20 percent’’ for ‘‘50 percent’’;
(2) subsection (a)(2)(B) of such section shall be applied by
substituting ‘‘20 percent’’ for ‘‘50 percent’’; and
(3) clauses (i) and (vi) of subsection (b)(5)(A) of such section
shall not apply to funds provided or received under this sec-
tion.
SEC. 20004. BUREAU OF INDIAN EDUCATION.
In addition to amounts otherwise available, there is appropriated
to the Bureau of Indian Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated—
(1) $369,810,000, to remain available until September 30,
2026, for necessary expenses related to construction, repair,
improvement, and maintenance of buildings, utilities, and
other facilities necessary for the operation of Indian education
programs, including architectural and engineering services by
contract, acquisition of lands, and interests in lands, of which
no more than 3 percent shall be used for administrative costs
to carry out this section; and
(2) $41,090,000, to remain available until September 30,
2026, for digital infrastructure to improve access to high-speed
broadband sufficient for digital learning and related digital in-
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1542
frastructure activities or programs operated or funded by the
Bureau of Indian Education, for Bureau-funded schools (as de-
fined in section 1141(3) of the Education Amendments of 1978
(25 U.S.C. 2021(3))).
SEC. 20005. GALLAUDET UNIVERSITY.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $150,000,000,
to remain available until September 30, 2026, for the Kendall Dem-
onstration Elementary School and the Model Secondary School for
the Deaf at Gallaudet University for construction, as defined in sec-
tion 201(2) of the Education of the Deaf Act of 1986 (20 U.S.C.
4351(2)).
SEC. 20006. GROW YOUR OWN PROGRAMS.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Education for fis-
cal year 2022, out of any money in the Treasury not otherwise ap-
propriated, $197,000,000, to remain available through September
30, 2025, to award grants for the development and support of Grow
Your Own Programs, as described in section 202(g) of the Higher
Education Act of 1965 (20 U.S.C. 1022a(g)).
(b) IN GENERAL.—Section 202 of the Higher Education Act of
1965 (20 U.S.C. 1022a) is amended—
(1) in subsection (b)(6)(C), by striking ‘‘subsection (f) or (g)’’
and inserting ‘‘subsection (f) or (h)’’;
(2) in subsection (c)(1), by inserting ‘‘a Grow Your Own pro-
gram under subsection (g),’’ after ‘‘subsection (e),’’;
(3) by redesignating subsections (g), (h), (i), (j), and (k), as
subsections (h), (i), (j), (k), and (l), respectively; and
(4) by inserting after subsection (f) the following:
‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF ‘GROW
YOUR OWN’ PROGRAMS.—
‘‘(1) IN GENERAL.—An eligible partnership that receives a
grant under this section shall carry out an effective ‘Grow Your
Own’ program to address shortages of teachers in high-need
subjects, fields, schools, and geographic areas, or shortages of
school leaders in high-need schools, and to increase the diver-
sity of qualified individuals entering into the teacher, prin-
cipal, or other school leader workforce.
‘‘(2) REQUIREMENTS OF A GROW YOUR OWN PROGRAM.—In ad-
dition to carrying out each of the activities described in para-
graphs (1) through (6) of subsection (d), an eligible partnership
carrying out a Grow Your Own program under this subsection
shall—
‘‘(A) integrate career-focused courses on education topics
with a year-long school-based clinical experience in which
candidates teach or lead alongside an expert mentor teach-
er or school leader who is the teacher or school leader of
record in the same local educational agencies in which the
candidates expect to work;
‘‘(B) provide opportunities for candidates to practice and
develop teaching skills or school leadership skills;
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‘‘(C) support candidates as they complete their associate
(in furtherance of their baccalaureate), baccalaureate, or
master’s degree or earn their teaching or school leadership
credential;
‘‘(D) work to provide academic, counseling, and pro-
grammatic supports to candidates;
‘‘(E) provide academic and nonacademic supports, includ-
ing advising and financial assistance, to candidates to
enter and complete teacher or school leadership prepara-
tion programs and to access and complete State licensure
exams;
‘‘(F) include efforts to recruit individuals with experience
in high-need subjects or fields who are not certified to
teach or lead, with a specific focus on recruiting individ-
uals—
‘‘(i) from groups or populations that are underrep-
resented; and
‘‘(ii) who live in and come from the communities the
schools serve;
‘‘(G) evaluate the effectiveness of the program, including,
at a minimum, using the data required under section
204(a)(1);
‘‘(H) require candidates to complete all State require-
ments to become fully certified; and
‘‘(I) provide stipends for candidates to engage in school-
based clinical placements.’’.
SEC. 20007. TEACHER RESIDENCIES.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $198,000,000,
to remain available through September 30, 2025, to award grants
for the development and support of high-quality teaching residency
programs, as described in section 202(e) of the Higher Education
Act of 1965 (20 U.S.C. 1022a(e)), except that amounts available
under this section shall be available for residency programs for pro-
spective teachers in a bachelor’s or master’s degree program.
SEC. 20008. SUPPORT SCHOOL PRINCIPALS.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $198,000,000,
to remain available through September 30, 2025, to award grants
for the development and support of school leadership programs, as
described in section 2243 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6673).
SEC. 20009. HAWKINS.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $198,000,000,
to remain available through September 30, 2025, to award grants
for the Augustus F. Hawkins Centers of Excellence Program, as de-
scribed in section 242 of the Higher Education Act of 1965 (20
U.S.C. 1033a).
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SEC. 20010. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDU-
CATION PART D PERSONNEL DEVELOPMENT.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $297,000,000,
to remain available until September 30, 2025, for personnel devel-
opment in section 662 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1462).
PART 2—HIGHER EDUCATION
Subpart A—America’s College Promise
SEC. 20021. GRANTS FOR TUITION-FREE COMMUNITY COLLEGE.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:
‘‘PART F—AMERICA’S COLLEGE PROMISE
‘‘Subpart 1—Grants for Tuition-Free Community
College
‘‘SEC. 785. GRANT AWARDS.
‘‘(a) IN GENERAL.—Beginning with award year 2023–2024, from
amounts appropriated to carry out this subpart for any fiscal year,
the Secretary shall award grants to States and eligible Tribal Col-
leges and Universities to pay the Federal share of expenditures
needed to carry out the activities and services described in section
789.
‘‘(b) TIMING OF GRANT AWARDS.—The Secretary shall award
grant funds under subsection (a) for an award year not less than
30 days before the first day of the award year.
‘‘SEC. 786. FEDERAL SHARE; STATE SHARE.
‘‘(a) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—
‘‘(A) AMOUNT.—Subject to paragraph (2), the amount of
the Federal share of a grant under this subpart shall be
based on a formula that provides, for each eligible student
enrolled in a community college operated or controlled by
the State or in an eligible Tribal College or University, a
per-student amount (based on full-time equivalent enroll-
ment) that is equal to the applicable percent described in
subparagraph (B), or the percent described in paragraph
(2) with respect to an eligible Tribal College or University,
of—
‘‘(i) for the 2023–2024 award year, the median resi-
dent community college tuition and fees per student in
all States, not weighted for enrollment, for the most
recent award year for which data are available; and
‘‘(ii) for each subsequent award year, the amount de-
termined under this paragraph for the preceding
award year, increased by the lesser of—
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‘‘(I) a percentage equal to the estimated percent-
age increase in the Consumer Price Index (as de-
termined by the Secretary) since the date of such
determination; or
‘‘(II) 3 percent.
‘‘(B) APPLICABLE PERCENT.—The applicable percent for a
State receiving a grant under this subpart shall be—
‘‘(i) for the 2023–2024 award year, 100 percent;
‘‘(ii) for the 2024–2025 award year, 95 percent;
‘‘(iii) for the 2025–2026 award year, 90 percent;
‘‘(iv) for the 2026–2027 award year, 85 percent; and
‘‘(v) for the 2027–2028 award year, 80 percent.
‘‘(2) TRIBAL COLLEGES AND UNIVERSITIES.—The amount of the
Federal share for an eligible Tribal College or University re-
ceiving a grant under this subpart shall be the greater of—
‘‘(A) 100 percent of the per-student amount determined
in accordance with clause (i) or (ii) of paragraph (1)(A), as
applicable, with respect to eligible students enrolled in
such eligible Tribal College or University (based on full-
time equivalent enrollment); or
‘‘(B) the amount that is 100 percent of the total amount
needed to set tuition and fees to $0 for all eligible students
enrolled in such eligible Tribal College or University for
the 2021–2022 award year, increased by the percentage in-
crease in the Consumer Price Index (as determined by the
Secretary) between July 1, 2021, and the applicable award
year, and adjusted to reflect the enrollment in such eligible
Tribal College or University for such applicable award
year.
‘‘(b) STATE SHARE.—
‘‘(1) FORMULA.—
‘‘(A) IN GENERAL.—The State share of a grant under this
subpart for each award year shall be the amount needed
to pay the applicable percent described in subparagraph
(B) of the median resident community college tuition and
fees in all States, not weighted for enrollment, per student
(based on full-time equivalent enrollment) determined in
accordance with subsection (a)(1)(A)(i) for all eligible stu-
dents enrolled in a community college operated or con-
trolled by the State for such award year.
‘‘(B) APPLICABLE PERCENT.—The applicable percent shall
be—
‘‘(i) for the 2023–2024 award year, 0 percent;
‘‘(ii) for the 2024–2025 award year, 5 percent;
‘‘(iii) for the 2025–2026 award year, 10 percent;
‘‘(iv) for the 2026–2027 award year, 15 percent; and
‘‘(v) for the 2027–2028 award year, 20 percent.
‘‘(C) OBLIGATION TO PROVIDE SHARE.—The State shall
provide the State share even if the State is able to set tui-
tion and fees charged to eligible students attending com-
munity colleges operated or controlled by the State to $0
as required by section 788(a) without such State share.
‘‘(D) NO DOUBLE COUNTING FUNDS.—Except with respect
to funding described in paragraph (2)(A), no funds that
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1546
count toward the maintenance of effort requirement under
section 788(c) may also count toward the State share
under this subsection.
‘‘(E) SPECIAL RULE FOR OUTLYING AREAS AND TERRI-
TORIES.—
‘‘(i) IN GENERAL.—If the Secretary determines that
requiring an outlying area or territory to provide a
State share in accordance with this subsection would
represent a substantial hardship for the outlying area
or territory, the Secretary may reduce or waive the
State share for such area or territory. If the Secretary
so reduces or waives the amount of the State share of
an outlying area or territory, the Secretary shall in-
crease the applicable percent used to calculate the
Federal share for such area or territory, in proportion
to the reduction in the applicable percent used to cal-
culate such State share.
‘‘(ii) DEFINITION.—For the purposes of this subpara-
graph, the term ‘outlying area or territory’ means the
Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mariana
Islands, and the Freely Associated States.
‘‘(2) INCLUSION OF STATE FINANCIAL AID AND LOCAL FUNDS.—
In the case of a State that demonstrates to the satisfaction of
the Secretary that community colleges operated or controlled
by such State will not experience a net reduction in total per-
student revenue (including revenue derived from tuition and
fees) as compared to the preceding fiscal year in such State, a
State may include, as part of the State share—
‘‘(A) any financial aid that is provided from State funds
to an eligible student and that—
‘‘(i)(I) is not awarded predominantly on the basis of
merit, including programs awarded on the basis of
predicted or actual academic performance or assess-
ments; and
‘‘(II) may be used by such student to pay any compo-
nent of cost of attendance, as defined under section
472; and
‘‘(B) any funds provided to community colleges by local
governments in such State for the purpose of carrying out
this subpart.
‘‘(3) RELATIONSHIP TO MAINTENANCE OF EFFORT.—The inclu-
sion of funds described in paragraph (2) as part of a State’s
share shall modify the maintenance of effort requirements
under section 788(c) in accordance with the provisions of—
‘‘(A) section 791(10)(B)(iii), with respect to funds in-
cluded under paragraph (2)(A); and
‘‘(B) section 791(10)(A)(ii), with respect to funds included
under paragraph (2)(B).
‘‘(4) NO IN-KIND CONTRIBUTIONS.—A State shall not include
in-kind contributions for purposes of the State share described
in paragraph (1).
‘‘(c) DETERMINING NUMBER OF ELIGIBLE STUDENTS.—
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‘‘(1) IN GENERAL.—For purposes of subsections (a) and (b),
the Secretary shall, in consultation with the State or eligible
Tribal College or University concerned, determine the esti-
mated number of eligible students enrolled in the community
colleges operated or controlled by such State or in such eligible
Tribal College or University for the applicable award year.
‘‘(2) ADJUSTMENT OF GRANT AMOUNT.—For each year for
which a State or eligible Tribal College or University receives
a grant under this subpart, the Secretary shall, once final en-
rollment data for such year are available—
‘‘(A) in consultation with the State or eligible Tribal Col-
lege or University concerned, determine the actual number
of eligible students enrolled in the community colleges op-
erated or controlled by such State or in such eligible Tribal
College or University for the year covered by the grant;
and
‘‘(B) adjust the Federal share of the grant amount re-
ceived by the State or eligible Tribal College or University
and the State share under subsection (b) to reflect the ac-
tual number of eligible students, which may include apply-
ing the relevant adjustment to such Federal share or the
State share, or both, in the subsequent award year.
‘‘(d) COMMUNITY COLLEGES OPERATED OR CONTROLLED BY STATE
TO INCLUDE COMMUNITY COLLEGES OPERATED OR CONTROLLED BY
LOCAL GOVERNMENTS WITHIN THE STATE.—For purposes of this
subpart, the term ‘community college operated or controlled by a
State’ shall include a community college operated or controlled by
a local government within such State.
‘‘(e) INAPPLICABILITY OF STATE REQUIREMENTS TO ELIGIBLE
TCUS.—The Secretary may not apply any requirements applicable
only to States under this subpart to an eligible Tribal College or
University, including the requirements under subsection (b), sec-
tion 788(b) and (c), and section 790.
‘‘SEC. 787. APPLICATIONS.
‘‘In order to receive a grant under this subpart, a State or eligible
Tribal College or University shall submit an application to the Sec-
retary that includes—
‘‘(1) an estimate of the number of eligible students enrolled
in the community colleges operated or controlled by the State
or in the eligible Tribal College or University and the cost of
waiving tuition and fees for all eligible students for each award
year covered by the grant;
‘‘(2) in the case of a State, a list of each of the community
colleges operated or controlled by the State;
‘‘(3) an assurance that each community college operated or
controlled by the State, or the eligible Tribal College or Univer-
sity, as applicable, will set community college tuition and fees
for eligible students to $0 as required by section 788(a);
‘‘(4) a description of how the State or eligible Tribal College
or University will ensure that programs leading to a recognized
postsecondary credential meet the quality criteria established
by the State under section 122(b)(1) of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3152(b)(1)) or other qual-
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ity criteria determined appropriate by the State or eligible
Tribal College or University;
‘‘(5) an assurance that each community college operated or
controlled by the State or the eligible Tribal College or Univer-
sity, as applicable, has entered into a program participation
agreement under section 487;
‘‘(6) an assurance that the State or eligible Tribal College or
University will assist eligible students in obtaining information
about and accessing means-tested Federal benefit programs
and similar State, tribal, and local benefit programs that can
provide financial assistance for any component of the student’s
cost of attendance, as defined under section 472, other than
tuition and fees;
‘‘(7) an assurance that, for each year of the grant, the State
or eligible Tribal College or University will notify each eligible
student of the student’s remaining eligibility for assistance
under this subpart;
‘‘(8) if the application is submitted by a State—
‘‘(A) an assurance that the State will meet the require-
ments of section 788(b)(1) relating to the alignment of sec-
ondary and postsecondary education; and
‘‘(B) an assurance that the State will meet the require-
ments of section 788(b)(2) relating to the improvement of
transfer pathways between institutions of higher edu-
cation; and
‘‘(9) an assurance that the State or eligible Tribal College or
University will clearly communicate to prospective students,
including students with prior college experience who have not
completed a postsecondary degree or credential, their families,
and the general public—
‘‘(A) plans to implement the program funded under this
subpart; and
‘‘(B) how eligible students can attend a community col-
lege operated or controlled by the State or an eligible Trib-
al College or University without paying tuition and fees.
‘‘SEC. 788. PROGRAM REQUIREMENTS.
‘‘(a) GENERAL REQUIREMENTS.—As a condition of receiving a
grant under this subpart in each award year, a State or eligible
Tribal College or University shall—
‘‘(1) ensure that the total amount of tuition and fees charged
to an eligible student attending a community college operated
or controlled by the State or the eligible Tribal College or Uni-
versity, as applicable, is $0;
‘‘(2) not apply financial assistance for which an eligible stu-
dent qualifies to tuition or fees; and
‘‘(3) not use any funds provided under this subpart for ad-
ministrative purposes relating to such grant.
‘‘(b) STATE REQUIREMENTS.—In addition to the requirements
under subsection (a), as a condition of receiving a grant under this
subpart a State shall meet the following requirements:
‘‘(1) ALIGNMENT OF SECONDARY AND HIGHER EDUCATION.—
The State shall—
‘‘(A) submit and implement a plan to align the require-
ments for receiving a regular high school diploma from
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public schools in the State with the requirements for en-
tering credit-bearing coursework at community colleges in
such State; and
‘‘(B) not later than 3 years after the date on which the
State first receives a grant under this subpart, certify to
the Secretary that such alignment has been achieved.
‘‘(2) TRANSFER PATHWAYS.—The State shall—
‘‘(A) submit a plan, developed in collaboration with fac-
ulty from institutions of higher education in the State, to
improve transfer pathways among institutions of higher
education in the State, including by—
‘‘(i) ensuring that associate degrees awarded by com-
munity colleges in the State are fully transferable to,
and credited as, the first 2 years of related bacca-
laureate programs at public institutions of higher edu-
cation in such State;
‘‘(ii) increasing the transferability of individual
courses within the certificate or associate programs of-
fered by community colleges in the State to related
baccalaureate programs offered by institutions of high-
er education in such State to maximize the transfer-
ability of credits for students who transfer before com-
pleting an associate degree;
‘‘(iii) expanding the use of reverse transfer policies
that allow institutions to—
‘‘(I) implement the process of retroactively
granting a certificate or associate degree to stu-
dents who had not completed the requirements for
such certificate or degree before they transferred;
and
‘‘(II) allow academic credits for coursework com-
pleted at a 4-year institution to be applied to a
previously-attended community college for the
purpose of obtaining an associate degree or a cer-
tificate; and
‘‘(iv) ensuring that students attending community
colleges in the State have access to comprehensive
counseling and supports to facilitate the process of
transferring to a 4-year institution of higher edu-
cation; and
‘‘(B) not later than 3 years after the date on which the
State first receives a grant under this subpart, certify to
the Secretary that the State is carrying out the plan sub-
mitted in accordance with subparagraph (A) and is meet-
ing the requirements of clauses (i) through (iv) of such sub-
paragraph.
‘‘(c) STATE MAINTENANCE OF EFFORT.—A State receiving a grant
under this subpart shall be entitled to receive its full allotment of
funds under this subpart for a fiscal year only if, for each year of
the grant, the State provides—
‘‘(1) State fiscal support for higher education per full-time
equivalent student at a level equal to or exceeding the average
amount of State fiscal support for higher education per full-
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time equivalent student provided for the 3 consecutive pre-
ceding fiscal years;
‘‘(2) financial support for operating expenses (excluding cap-
ital expenses and research and development costs) for public 4-
year institutions of higher education at a level equal to or ex-
ceeding the average amount provided for the 3 consecutive pre-
ceding State fiscal years; and
‘‘(3) financial support for need-based financial aid at a level
equal to or exceeding the average amount provided for the 3
consecutive preceding State fiscal years.
‘‘(d) NO ADDITIONAL ELIGIBILITY REQUIREMENTS.—A State or eli-
gible Tribal College or University that receives a grant under this
subpart may not impose additional eligibility requirements on eligi-
ble students other than the requirements under this subpart.
‘‘(e) ELIGIBILITY FOR BENEFITS.—No individual shall be deter-
mined to be ineligible to receive benefits provided under this sub-
part (including tuition and fees set to $0 and other aid provided
under this subpart) on the basis of citizenship, alienage, or immi-
gration status.
‘‘SEC. 789. ALLOWABLE USES OF FUNDS.
‘‘(a) IN GENERAL.—Except as provided in subsection (b)—
‘‘(1) a State shall use a grant under this subpart only to pro-
vide funds to each community college operated or controlled by
the State to enable each such community college to set commu-
nity college tuition and fees for eligible students to $0 as re-
quired under section 788(a); and
‘‘(2) an eligible Tribal College or University shall use a grant
under this subpart only to set community college tuition and
fees for eligible students to $0 as required under section
788(a).
‘‘(b) ADDITIONAL USES.—If a State or an eligible Tribal College or
University demonstrates to the Secretary that the State or eligible
Tribal College or University has grant funds remaining after meet-
ing the demand for activities described in subsection (a), the State
or eligible Tribal College or University shall use the remaining
funds to carry out 1 or more of the following:
‘‘(1) Providing need-based financial aid to students that may
be used by such students to pay any component of cost of at-
tendance, as defined under section 472.
‘‘(2) Reducing unmet need at public 4-year institutions of
higher education.
‘‘(3) Improving student outcomes by implementing evidence-
based institutional reforms or practices, including reforms or
practices that are described in section 795D(b)(1) or that meet
an evidence tier defined in section 795E(2).
‘‘(4) Expanding access to dual or concurrent enrollment pro-
grams or early college high school programs.
‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Except as provided in section
786(b)(2)(A), funds made available under this subpart shall be used
to supplement, and not supplant, other Federal, State, tribal, and
local funds that would otherwise be expended to carry out activities
described in this section.
‘‘(d) CONTINUATION OF FUNDING.—
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‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a
State or an eligible Tribal College or University receiving a
grant under this subpart for an award year may continue to
receive funding under this subpart for subsequent award years
conditioned on the availability of budget authority and on
meeting the requirements of the grant, as determined by the
Secretary.
‘‘(2) DISCONTINUATION.—The Secretary shall discontinue or
reduce funding of the Federal share of a grant under this sub-
part if the State or an eligible Tribal College or University has
violated the terms of the grant.
‘‘(e) RULE OF CONSTRUCTION REGARDING BIE FUNDS.—Nothing in
this subpart shall be construed to impact the availability of funds
from, or uses of funds provided by, the Bureau of Indian Education
for Tribal Colleges and Universities.
‘‘SEC. 790. AUTOMATIC STABILIZERS FOR AMERICA’S COLLEGE PROM-
ISE.
‘‘(a) MAINTENANCE OF EFFORT RELIEF.—A State that meets the
qualifying spending requirement may request a waiver of the re-
quirements under section 788(c). Upon request by such a State, the
Secretary shall waive the requirements of section 788(c) for the
State as follows:
‘‘(1) TIER I.—With respect to each State eligible for relief
under tier I, such requirements shall be waived for the fiscal
year succeeding the fiscal year for which the determination of
the State’s eligibility for such relief is made.
‘‘(2) TIERS II THROUGH V.—With respect to each State eligible
for relief under tier II, III, IV, or V, such requirements shall
be waived, in accordance with subsection (d), for—
‘‘(A) the fiscal year for which the determination of the
State’s eligibility for such relief is made;
‘‘(B) the fiscal year succeeding the fiscal year described
in subparagraph (A); or
‘‘(C) both such fiscal years.
‘‘(b) STATE SHARE RELIEF.—
‘‘(1) STATE SHARE RELIEF.—A State that meets the qualifying
spending requirement and is eligible for relief under tier II, III,
IV, or V may request relief with respect to the requirements
of section 786(b)(1)(B). Upon request by such a State, the Sec-
retary shall provide relief from the requirements of section
786(b)(1)(B), for the applicable award year or years, for the
State as follows:
‘‘(A) TIER II.—With respect to a State that is eligible for
relief under tier II, the Secretary shall—
‘‘(i) apply section 786(a)(1)(B)(v) by substituting ‘85
percent’ for ‘80 percent’; and
‘‘(ii) apply section 786(b)(1)(B)(v) by substituting ‘15
percent’ for ‘20 percent’.
‘‘(B) TIER III.—With respect to a State that is eligible for
relief under tier III, the Secretary shall—
‘‘(i) apply section 786(a)(1)(B)(iv) by substituting ‘90
percent’ for ‘85 percent’;
‘‘(ii) apply section 786(a)(1)(B)(v) by substituting ‘90
percent’ for ‘80 percent’;
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‘‘(iii) apply section 786(b)(1)(B)(iv) by substituting
‘10 percent’ for ‘15 percent’; and
‘‘(iv) apply section 786(b)(1)(B)(v) by substituting ‘10
percent’ for ‘20 percent’.
‘‘(C) TIER IV.—With respect to a State that is eligible for
relief under tier IV, the Secretary shall—
‘‘(i) apply section 786(a)(1)(B)(iii) by substituting ‘95
percent’ for ‘90 percent’;
‘‘(ii) apply section 786(a)(1)(B)(iv) by substituting ‘95
percent’ for ‘85 percent’;
‘‘(iii) apply section 786(a)(1)(B)(v) by substituting ‘95
percent’ for ‘80 percent’;
‘‘(iv) apply section 786(b)(1)(B)(iii) by substituting ‘5
percent’ for ‘10 percent’;
‘‘(v) apply section 786(b)(1)(B)(iv) by substituting ‘5
percent’ for ’15 percent’; and
‘‘(vi) apply section 786(b)(1)(B)(v) by substituting ‘5
percent’ for ‘20 percent’.
‘‘(D) TIER V.—With respect to a State that is eligible for
relief under tier V, the Secretary shall—
‘‘(i) apply section 786(a)(1)(B)(ii) by substituting ‘100
percent’ for ‘95 percent’;
‘‘(ii) apply section 786(a)(1)(B)(iii) by substituting
‘100 percent’ for ‘90 percent’;
‘‘(iii) apply section 786(a)(1)(B)(iv) by substituting
‘100 percent’ for ‘85 percent’;
‘‘(iv) apply section 786(a)(1)(B)(v) by substituting
‘100 percent’ for ‘80 percent’;
‘‘(v) apply section 786(b)(1)(B)(ii) by substituting ‘0
percent’ for ‘5 percent’;
‘‘(vi) apply section 786(b)(1)(B)(iii) by substituting ‘0
percent’ for ‘10 percent’;
‘‘(vii) apply section 786(b)(1)(B)(iv) by substituting ‘0
percent’ for ’15 percent’; and
‘‘(viii) apply section 786(b)(1)(B)(v) by substituting ‘0
percent’ for ‘20 percent’.
‘‘(2) APPLICABLE AWARD YEARS.—With respect to each State
eligible for relief under tier II, III, IV, or V, the Secretary shall
provide the relief under paragraph (1), in accordance with sub-
section (d), for—
‘‘(A) the award year for which the determination of the
State’s eligibility for such relief is made;
‘‘(B) the award year succeeding the award year described
in subparagraph (A); or
‘‘(C) both such award years.
‘‘(c) STATE ELIGIBILITY.—A State’s eligibility for relief under this
section shall be determined as follows:
‘‘(1) TIER I.—A State shall be eligible for relief under tier I
for a fiscal year for which—
‘‘(A) the State is in an elevated unemployment period at
any point in the fiscal year; and
‘‘(B) the State is not eligible for relief under any other
tier.
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‘‘(2) TIER II.—A State shall be eligible for relief under tier II
for a fiscal or award year, as applicable, for which—
‘‘(A)(i) the State average unemployment rate is equal to
or greater than 6.5 percent but less than 7.5 percent at
any point in the fiscal or award year; or
‘‘(ii) the national average unemployment rate is equal to
or greater than 6.5 percent but less than 7.5 percent at
any point in the fiscal or award year; and
‘‘(B) the State is not eligible for relief under tier III, IV,
or V.
‘‘(3) TIER III.—A State shall be eligible for relief under tier
III for a fiscal or award year, as applicable, for which—
‘‘(A)(i) the State average unemployment rate is equal to
or greater than 7.5 percent but less than 8.5 percent at
any point in the fiscal or award year; or
‘‘(ii) the national average unemployment rate is equal to
or greater than 7.5 percent but less than 8.5 percent at
any point in the fiscal or award year; and
‘‘(B) the State is not eligible for relief under tier IV or
V.
‘‘(4) TIER IV.—A State shall be eligible for relief under tier
IV for a fiscal or award year, as applicable, for which—
‘‘(A)(i) the State average unemployment rate is equal to
or greater than 8.5 percent but less than 9.5 percent at
any point in the fiscal or award year; or
‘‘(ii) the national average unemployment rate is equal to
or greater than 8.5 percent but less than 9.5 percent at
any point in the fiscal or award year; and
‘‘(B) the State is not eligible for relief under tier V.
‘‘(5) TIER V.—A State shall be eligible for relief under tier V
for a fiscal or award year, as applicable, for which—
‘‘(A) the State average unemployment rate is equal to or
greater than 9.5 percent at any point in the fiscal or award
year; or
‘‘(B) the national average unemployment rate is equal to
or greater than 9.5 percent at any point in the fiscal or
award year.
‘‘(d) DISCRETION IN THE PROVISION OF RELIEF.—In determining
the fiscal years for which to provide relief in accordance with sub-
section (a)(2), or the award years for which to provide relief in ac-
cordance with subsection (b), to a State that is eligible under tier
II, III, IV, or V, the Secretary shall take into account the following:
‘‘(1) In the case of a State that requests relief under sub-
section (a)(2), the fiscal years for which the State requests such
relief, including—
‘‘(A) if the State requests such relief for the fiscal year
for which the determination of the State’s eligibility for
such relief is made, the amount by which the State is un-
able to meet the requirements of section 788(c) for such fis-
cal year; and
‘‘(B) if the State requests such relief for the fiscal year
succeeding the year described in subparagraph (A), the
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amount by which the State anticipates being unable to
meet such requirements for such succeeding fiscal year.
‘‘(2) In the case of a State that requests relief under sub-
section (b), the award years for which the State requests such
relief, including—
‘‘(A) if the State requests such relief for the award year
for which the determination of the State’s eligibility for
such relief is made, the extent to which the State is unable
to meet the requirements of section 786(b)(1)(B) for such
award year; and
‘‘(B) if the State requests such relief for the award year
succeeding the year described in subparagraph (A), the ex-
tent to which the State anticipates being unable to meet
such requirements for such succeeding award year.
‘‘(3) The actual or anticipated timing, severity, and duration
of the unemployment rate increase during—
‘‘(A) the fiscal or award year, as applicable, for which the
determination of the State’s eligibility for such relief is
made;
‘‘(B) the fiscal or award year, as applicable, succeeding
the fiscal or award year described in subparagraph (A);
and
‘‘(C) the fiscal or award year, as applicable, preceding
the fiscal or award year described in subparagraph (A).
‘‘(4) Other factors determined to be relevant by the Sec-
retary.
‘‘(e) CONTINUED PAYMENT TO EMPLOYEES.—A State that receives
relief under subsection (a) or (b) shall, to the greatest extent prac-
ticable, continue to pay its employees of, and contractors with, pub-
lic institutions of higher education in the State during the period
in which the State is receiving such relief.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELEVATED UNEMPLOYMENT PERIOD.—The term ‘elevated
unemployment period’—
‘‘(A) when used with respect to the Nation as a whole,
means a consecutive, 3-month period in a fiscal year for
which the national average unemployment rate is not less
than 0.5 percentage points above the lowest national aver-
age unemployment rate for the 12-month period preceding
such 3-month period; and
‘‘(B) when used with respect to a State, means a con-
secutive, 3-month period in a fiscal year in which the State
average unemployment rate is not less than 0.5 percentage
points above the lowest State average unemployment rate
for such State for the 12-month period preceding such 3-
month period.
‘‘(2) QUALIFYING SPENDING REQUIREMENT.—The term ‘quali-
fying spending requirement’, when used with respect to deter-
mining whether a State has met such requirement, means the
State has not disproportionately decreased spending for any of
the categories described in paragraphs (1) through (3) of sec-
tion 788(c) relative to such State’s overall decrease in spending
averaged over the 3 consecutive preceding fiscal years.
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‘‘(3) NATIONAL AVERAGE UNEMPLOYMENT RATE.—The term
‘national average unemployment rate’ means the average (sea-
sonally adjusted) rate of total unemployment in all States for
a consecutive, 3-month period in a fiscal year, based on data
from the Bureau of Labor Statistics of the Department of
Labor.
‘‘(4) STATE AVERAGE UNEMPLOYMENT RATE.—The term ‘State
average unemployment rate’ means the average (seasonally ad-
justed) rate of total unemployment in a State for a consecutive,
3-month period in a fiscal year, based on data from the Bureau
of Labor Statistics of the Department of Labor.
‘‘SEC. 791. DEFINITIONS.
‘‘In this subpart:
‘‘(1) CAREER PATHWAY.—The term ‘career pathway’ has the
meaning given the term in section 3 of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3102).
‘‘(2) COMMUNITY COLLEGE.—The term ‘community college’
means—
‘‘(A) a degree-granting public institution of higher edu-
cation at which—
‘‘(i) the highest degree awarded is an associate de-
gree; or
‘‘(ii) an associate degree is the predominant degree
awarded;
‘‘(B) an eligible Tribal College or University;
‘‘(C) a degree-granting branch campus of a 4-year public
institution of higher education, if, at such branch cam-
pus—
‘‘(i) the highest degree awarded is an associate de-
gree; or
‘‘(ii) an associate degree is the predominant degree
awarded; or
‘‘(D) at the designation of the Secretary, in the case of
a State that does not operate or control any institution
that meets a definition under subparagraph (A) or (C), a
college or similarly defined and structured academic enti-
ty—
‘‘(i) that was in existence on July 1, 2021;
‘‘(ii) within a 4-year public institution of higher edu-
cation; and
‘‘(iii) at which—
‘‘(I) the highest degree awarded is an associate
degree; or
‘‘(II) an associate degree is the predominant de-
gree awarded.
‘‘(3) DUAL OR CONCURRENT ENROLLMENT PROGRAM.—The
term ‘dual or concurrent enrollment program’ has the meaning
given the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965.
‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The term ‘early college
high school’ has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.
‘‘(5) ELIGIBLE STUDENT.—The term ‘eligible student’ means a
student who—
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‘‘(A) is enrolled as an undergraduate student in an eligi-
ble program (as defined in section 481(b)) at a community
college on not less than a half-time basis;
‘‘(B) in the case of a student who is enrolled in a commu-
nity college that charges different tuition rates on the
basis of in-State or in-district residency, either—
‘‘(i) qualifies for in-State or in-district resident tui-
tion at such community college; or
‘‘(ii) would qualify for such in-State or in-district
resident tuition at such community college, but for the
immigration status of such student;
‘‘(C) has not been enrolled (whether full-time or less
than full-time) for more than 6 semesters (or the equiva-
lent) for which the community college tuition and fees of
the student were set to $0 pursuant to section 788(a);
‘‘(D) is not enrolled in a dual or concurrent enrollment
program or early college high school; and
‘‘(E) in the case of a student who is a United States cit-
izen, has filed a Free Application for Federal Student Aid
described in section 483 for the applicable award year for
which the student is enrolled.
‘‘(6) ELIGIBLE TRIBAL COLLEGE OR UNIVERSITY.—The term ‘eli-
gible Tribal College or University’ means—
‘‘(A) a 2-year Tribal College or University; or
‘‘(B) a degree-granting Tribal College or University—
‘‘(i) at which the highest degree awarded is an asso-
ciate degree; or
‘‘(ii) an associate degree is the predominant degree
awarded.
‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in
section 101.
‘‘(8) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term
‘means-tested Federal benefit program’ has the meaning given
the term in section 479.
‘‘(9) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term
‘recognized postsecondary credential’ has the meaning given
the term in section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102).
‘‘(10) STATE FISCAL SUPPORT FOR HIGHER EDUCATION.—
‘‘(A) INCLUSIONS.—
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (B), the term ‘State fiscal support for higher
education’, used with respect to a State for a fiscal
year, means an amount that is equal to—
‘‘(I) the gross amount of applicable State funds
appropriated or dedicated, and expended by the
State, including funds from lottery receipts, in the
fiscal year, that are used to support institutions of
higher education and student financial aid for
higher education in the State; and
‘‘(II) any funds described in clause (ii), if appli-
cable.
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‘‘(ii) LOCAL FUNDS.—In the case of a State that in-
cludes, as part of the State share under section
786(b)(2)(B) for an award year, funds provided to com-
munity colleges by local governments in such State for
the purpose of carrying out this subpart, local funds
provided to community colleges operated or controlled
by such State for operating expenses (excluding capital
expenses and research and development costs) shall be
included in the calculation of the State fiscal support
for higher education for such award year under clause
(i).
‘‘(B) EXCLUSIONS.—State fiscal support for higher edu-
cation for a State for a fiscal year shall not include—
‘‘(i) funds described in subparagraph (A) that are re-
turned to the State;
‘‘(ii) State-appropriated funds derived from Federal
sources, including funds provided under section 786(a)
and section 795A(a)(2);
‘‘(iii) funds that are included in the State share
under section 786(b), including funds included in the
State share in accordance with paragraph (2)(A) of
such section;
‘‘(iv) amounts that are portions of multiyear appro-
priations to be distributed over multiple years that are
not to be spent for the year for which the calculation
under this paragraph is being made, subject to sub-
paragraph (C);
‘‘(v) tuition, fees, or other educational charges paid
directly by a student to a public institution of higher
education or to the State;
‘‘(vi) funds for—
‘‘(I) financial aid to students attending, or oper-
ating expenses of—
‘‘(aa) out-of-State institutions of higher edu-
cation;
‘‘(bb) proprietary institutions of higher edu-
cation (as defined in section 102(b));
‘‘(cc) institutions of higher education not ac-
credited by an agency or association recog-
nized by the Secretary pursuant to section
496;
‘‘(II) financial aid to students awarded predomi-
nantly on the basis of merit, including programs
awarded on the basis of predicted or actual aca-
demic performance or assessments;
‘‘(III) research and development; or
‘‘(IV) hospitals, athletics, or other auxiliary en-
terprises;
‘‘(vii) corporate or other private donations directed to
one or more institutions of higher education permitted
to be expended by the State; or
‘‘(viii) any other funds that the Secretary determines
shall not be included in the calculation of State fiscal
support for higher education for such State.
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‘‘(C) ADJUSTMENTS FOR BIENNIAL APPROPRIATIONS.—The
Secretary shall take into consideration any adjustments to
the calculations under this paragraph that may be re-
quired to accurately reflect State fiscal support for higher
education in States with biennial appropriation cycles.
‘‘(11) STATE FISCAL SUPPORT FOR HIGHER EDUCATION PER
FULL-TIME EQUIVALENT STUDENT.—The term ‘State fiscal sup-
port for higher education per full-time equivalent student’,
when used with respect to a State for a fiscal year, means the
amount that is equal to—
‘‘(A) the State fiscal support for higher education for the
previous fiscal year; divided by
‘‘(B) the number of full-time equivalent students enrolled
in public institutions of higher education in such State for
such previous fiscal year.
‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal Col-
lege or University’ has the meaning given such term in section
316(b)(3).
‘‘SEC. 792. SUNSET.
‘‘(a) IN GENERAL.—The authority to make grants under this sub-
part shall expire at the end of award year 2027–2028.
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EXTENSION OF PRO-
GRAMS.—Section 422 of the General Education Provisions Act (20
U.S.C. 1226a) shall not apply to this subpart.
‘‘SEC. 793. APPROPRIATION.
‘‘In addition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary, to remain
available until September 30, 2030, for carrying out this subpart.’’.
SEC. 20022. RETENTION AND COMPLETION GRANTS.
Part F of title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.), as added by section 20021, is further amended by
adding at the end the following:
‘‘Subpart 2—Retention and Completion Grants
‘‘SEC. 795. RETENTION AND COMPLETION GRANTS.
‘‘Beginning with award year 2023–2024, from amounts appro-
priated to carry out this subpart for any fiscal year, the Secretary
shall carry out a grant program to make grants (which shall be
known as ‘retention and completion grants’) to eligible States and
Tribal Colleges and Universities to enable the eligible States and
Tribal Colleges and Universities to carry out the activities de-
scribed in section 795D.
‘‘SEC. 795A. GRANT AMOUNTS.
‘‘(a) RESERVATION.—From the amounts appropriated to carry out
this subpart, the Secretary shall—
‘‘(1) reserve an amount equal to 3 percent of such amounts
to allocate grants to Tribal Colleges and Universities, which
shall be distributed according to the formula in section
316(d)(3)(B), to carry out the activities described in section
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795D(b)(1) and implement reforms or practices that meet an
evidence tier defined in section 795E(2); and
‘‘(2) use the amount remaining after the allocation under
paragraph (1) to award competitive grants to eligible States
that have submitted applications under section 795B.
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Grant funds awarded under
this subpart shall be used to supplement, and not supplant, other
Federal, State, tribal, and local funds that would otherwise be ex-
pended to carry out activities assisted under this subpart.
‘‘(c) GRANT PERIOD.—Subject to the requirements under section
795C, a grant under this subpart shall be for a period of not more
than 7 years.
‘‘SEC. 795B. APPLICATIONS.
‘‘(a) IN GENERAL.—As a condition of receiving a grant under this
subpart, an eligible State shall submit an application to the Sec-
retary that includes—
‘‘(1) a description of—
‘‘(A) how the eligible State will use the funds to imple-
ment evidence-based institutional reforms or practices at
institutions of higher education in such State to improve
student outcomes and meet the requirements of section
795D(b)(2), including—
‘‘(i) how such eligible State will use grant funds to
implement 1 or more reforms or practices described in
section 795D(b)(1) at such institutions;
‘‘(ii) the extent to which each reform or practice to
be implemented meets an evidence tier defined in sec-
tion 795E(2); and
‘‘(iii) annual implementation benchmarks that the
eligible State will use to track progress in imple-
menting such reforms or practices;
‘‘(B) how such eligible State will increase support for the
public institutions of higher education identified in accord-
ance with paragraph (2)(B); and
‘‘(C) the improvements the eligible State anticipates in
student outcomes, including improvements in retention,
completion, or transfer rates or labor market outcomes, or
a combination of such student outcomes, disaggregated by
student demographics including, at a minimum, race, eth-
nicity, income, disability status, remediation, and status as
a first generation college student;
‘‘(2)(A) with respect to each State public institution of higher
education—
‘‘(i) the total per-student funding;
‘‘(ii) the amount of per-student funding that is from
State-appropriated funds; and
‘‘(iii) the share of students at the institution who are stu-
dents of color, low-income students, students with disabil-
ities, students in need of remediation, or first generation
college students; and
‘‘(B) an identification of public institutions of higher edu-
cation in the eligible State that received less funding on a
per-student basis as described in clause (i) or (ii), or both,
of subparagraph (A), and are serving disproportionately
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high shares of students of color, low-income students, stu-
dents with disabilities, students in need of remediation, or
first generation college students;
‘‘(3) a description of the steps the eligible State will take to
ensure the sustainability of the institutional reforms or prac-
tices identified in paragraph (1)(A); and
‘‘(4) a description of how the eligible State will evaluate the
effectiveness of activities funded under this subpart, including
how such eligible State will assess impacts on student out-
comes, including retention, transfer, and completion rates and
labor market outcomes.
‘‘(b) PRIORITIES.—In awarding funds under this subpart, the Sec-
retary shall give priority to eligible States that do one or more of
the following:
‘‘(1) Propose to use a significant share of grant funds for re-
forms or practices that meet an evidence tier defined in section
795E(2).
‘‘(2) Propose to use a significant share of grant funds to im-
prove retention, transfer, and completion rates and labor mar-
ket outcomes among students of color, low-income students,
students with disabilities, students in need of remediation,
first generation college students, and other underserved stu-
dent populations in such State.
‘‘(3) Propose to use a significant share of grant funds to im-
prove retention, transfer, and completion rates and labor mar-
ket outcomes among students attending institutions identified
in subsection (a)(2)(B).
‘‘(4) Demonstrate a commitment to supporting activities
funded under this subpart with non-Federal funds.
‘‘SEC. 795C. PROGRAM REQUIREMENTS.
‘‘(a) IN GENERAL.—As a condition of continuing to receive funds
under this subpart, for each year in which an eligible State partici-
pates in the program under this subpart, the eligible State shall
submit to the Secretary the eligible State’s progress—
‘‘(1) in meeting the annual implementation benchmarks in-
cluded in the application of such eligible State under section
795B(a)(1)(A)(iii);
‘‘(2) in increasing funding for the public institutions of higher
education identified in accordance with section 795B(a)(2)(B),
as included in the application of such eligible State under sec-
tion 795B(a)(1)(B); and
‘‘(3) in improving the student outcomes identified by the
State under section 795B(a)(1)(C).
‘‘(b) ELIGIBILITY FOR BENEFITS.—No individual shall be deter-
mined to be ineligible to receive benefits provided under this sub-
part (including services and other aid provided under this subpart)
on the basis of citizenship, alienage, or immigration status.
‘‘SEC. 795D. USES OF FUNDS.
‘‘(a) GENERAL REQUIREMENT FOR STATES.—Except as provided in
subsection (c), an eligible State shall use a grant under this sub-
part only to carry out activities described in the application for
such year under section 795B(a)(1).
‘‘(b) EVIDENCE-BASED INSTITUTIONAL REFORMS OR PRACTICES.—
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‘‘(1) IN GENERAL.—An eligible State or Tribal College or Uni-
versity receiving a grant under this subpart shall, directly or
in collaboration with institutions of higher education and other
non-profit organizations, use the grant funds to implement one
or more of the following evidence-based institutional reforms or
practices:
‘‘(A) Providing comprehensive academic, career, and stu-
dent support services, including mentoring, advising, case
management services, or career pathway navigation.
‘‘(B) Providing assistance in applying for and accessing
direct support services, means-tested Federal benefit pro-
grams, or similar State, tribal, or local benefit programs.
‘‘(C) Providing emergency financial aid grants to stu-
dents for unexpected expenses and to meet basic needs.
‘‘(D) Providing accelerated learning opportunities, includ-
ing dual or concurrent enrollment programs and early col-
lege high school programs, and pathways to graduate and
professional degree programs, and reforming course sched-
uling and credit awarding policies.
‘‘(E) Reforming remedial and developmental education.
‘‘(F) Utilizing career pathways, including through build-
ing capacity for career and technical education as defined
in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302), programs of study
as defined in such section, or degree pathways.
‘‘(G) Improving transfer pathways between community
colleges and four-year institutions of higher education in
the eligible State, or, in the case of a Tribal College or
University, between the Tribal College or University and
other institutions of higher education.
‘‘(2) STATE ALLOCATION MINIMUMS WITH RESPECT TO EVI-
DENCE TIERS.—An eligible State receiving a grant under this
subpart shall use not less than 30 percent of the grant funds
for evidence-based reforms or practices that meet an evidence
tier defined in section 795E(2), of which at least two-thirds
shall be used for evidence-based reforms or practices that meet
evidence tier 1.
‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PURPOSES.—An eligible
State or Tribal College or University that receives a grant under
this subpart may use—
‘‘(1) not more than 3 percent of such grant for administrative
purposes relating to the grant under this subpart; and
‘‘(2) not more than 3 percent of such grant to evaluate the
effectiveness of activities carried out under this subpart.
‘‘SEC. 795E. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ELIGIBLE STATE.—The term ‘eligible State’ means a State
that is a recipient of a grant under subpart 1.
‘‘(2) EVIDENCE TIERS.—
‘‘(A) EVIDENCE TIER 1.—The term ‘evidence tier 1’, when
used with respect to a reform or practice, means a reform
or practice that meets the criteria for receiving an expan-
sion grant from the education innovation and research pro-
gram under section 4611 of the Elementary and Secondary
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Education Act of 1965 (20 U.S.C. 7261), as determined by
the Secretary in accordance with such section.
‘‘(B) EVIDENCE TIER 2.—The term ‘evidence tier 2’, when
used with respect to a reform or practice, means a reform
that meets the criteria for receiving a mid-phase grant
from the education innovation and research program
under section 4611 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7261), as determined by the
Secretary in accordance with such section.
‘‘(3) FIRST GENERATION COLLEGE STUDENT.—The term ‘first
generation college student’ has the meaning given the term in
section 402A(h).
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in
section 101.
‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal Col-
lege or University’ has the meaning given the term in section
316(b)(3).
‘‘SEC. 795F. SUNSET.
‘‘(a) IN GENERAL.—The authority to make grants under this sub-
part shall expire at the end of award year 2029–2030.
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EXTENSION OF PRO-
GRAMS.—Section 422 of the General Education Provisions Act (20
U.S.C. 1226a) shall not apply to this subpart.
‘‘SEC. 795G. APPROPRIATION.
‘‘In addition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, $9,000,000,000, to remain available until
September 30, 2030, for carrying out this subpart.’’.
SEC. 20023. TUITION ASSISTANCE FOR STUDENTS AT HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES
AND UNIVERSITIES, AND MINORITY-SERVING INSTITU-
TIONS.
Part F of title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.), as added and amended by this Act, is further amend-
ed by adding at the end the following:
‘‘Subpart 3—Tuition Assistance for Students at
Historically Black Colleges and Universities,
Tribal Colleges and Universities, and Minority-
serving Institutions
‘‘SEC. 796. TUITION ASSISTANCE FOR HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES.
‘‘Beginning with award year 2023–2024, from amounts appro-
priated to carry out this subpart for any fiscal year, the Secretary
shall award grants to participating historically Black colleges and
universities that are eligible institutions.
‘‘SEC. 796A. TUITION ASSISTANCE FOR TRIBAL COLLEGES AND UNI-
VERSITIES.
‘‘Beginning with award year 2023–2024, from amounts appro-
priated to carry out this subpart for any fiscal year, the Secretary
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shall award grants to participating Tribal Colleges and Univer-
sities that are eligible institutions.
‘‘SEC. 796B. TUITION ASSISTANCE FOR ALASKA NATIVE-SERVING IN-
STITUTIONS, ASIAN AMERICAN AND NATIVE AMERICAN
PACIFIC ISLANDER-SERVING INSTITUTIONS, HISPANIC-
SERVING INSTITUTIONS, NATIVE AMERICAN-SERVING
NONTRIBAL INSTITUTIONS, NATIVE HAWAIIAN-SERVING
INSTITUTIONS, AND PREDOMINANTLY BLACK INSTITU-
TIONS.
‘‘(a) IN GENERAL.—Beginning with award year 2023–2024, from
amounts appropriated to carry out this subpart for any fiscal year,
the Secretary shall award grants to participating Alaska Native-
serving institutions, Asian American and Native American Pacific
Islander-serving institutions, Hispanic-serving institutions, Native
American-serving nontribal institutions, Native Hawaiian-serving
institutions, and Predominantly Black institutions that are eligible
institutions.
‘‘(b) STATUS OF INSTITUTION.—An institution’s status as an eligi-
ble institution described in subsection (a) shall—
‘‘(1) be based on the most recent data available; and
‘‘(2) be reviewed annually to ensure that the institution con-
tinues to meet the requirements for status as an institution de-
scribed in subsection (a).
‘‘SEC. 796C. GRANT TERMS.
‘‘(a) GRANT AMOUNT.—
‘‘(1) IN GENERAL.—For each year for which an eligible institu-
tion participates in the grant program under this subpart, such
eligible institution shall receive a grant in an amount equal to
the product of—
‘‘(A) the number of eligible students enrolled at the insti-
tution for such year; and
‘‘(B)(i) for the 2023–2024 award year, the median resi-
dent community college tuition and fees per student in all
States, not weighted for enrollment, for the most recent
award year for which data are available; and
‘‘(ii) for the 2024–2025 award year and each subsequent
award year, the amount determined under this subpara-
graph for the preceding award year, increased by the less-
er of—
‘‘(I) a percentage equal to the estimated percentage
increase in the Consumer Price Index (as determined
by the Secretary) since the date of such determination;
or
‘‘(II) 3 percent.
‘‘(2) FIRST-YEAR TUITION AND FEES.—As a condition of receiv-
ing a grant under this subpart, an eligible institution shall not
increase tuition and fees during the first year of participation
in the grant program under this subpart at a rate greater than
the average annual increase at the eligible institution in the
previous 5 years.
‘‘(3) STUDENTS ENROLLED LESS THAN FULL-TIME.—The Sec-
retary shall develop and implement a formula for making ad-
justments to grant amounts under this subpart based on the
number of eligible students at each eligible institution enrolled
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less than full-time and the associated tuition and fees charged
to such students in proportion to the degree to which each such
student is not attending on a full-time basis.
‘‘(4) DATA ADJUSTMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall establish a proc-
ess through which each eligible institution that partici-
pates in the program under this section—
‘‘(i) provides the necessary eligible student enroll-
ment data at the start of the award year; and
‘‘(ii) initially receives grant funds, as calculated
under this subsection, based on such data.
‘‘(B) ADJUSTMENT OF GRANT AMOUNT.—For each year for
which an eligible institution receives a grant under this
subpart, the Secretary shall, once final enrollment data for
such year are available—
‘‘(i) in consultation with the eligible institution con-
cerned, determine the actual number of eligible stu-
dents for the year covered by the grant; and
‘‘(ii) adjust the grant amount received by the eligible
institution to reflect the actual number of eligible stu-
dents, which may include applying the relevant ad-
justment to such grant amount in the subsequent
award year.
‘‘(b) DUPLICATE GRANTS PROHIBITED.—An institution shall not re-
ceive more than one grant at a time under this subpart.
‘‘(c) APPLICATION.—An eligible institution that desires a grant
under this subpart shall submit an application to the Secretary
that includes—
‘‘(1) an assurance that the institution commits to maintain-
ing, expanding, or adopting and implementing evidence-based
institutional reforms or practices to improve student outcomes,
which shall include one or more of the practices described in
section 795D(b)(1); and
‘‘(2) in the case of an eligible institution that enrolls students
who transfer from another institution, an assurance that the
institution—
‘‘(A) commits to increasing the transferability of indi-
vidual courses within certificate or associate programs of-
fered by community colleges in the State to related bacca-
laureate programs offered by such institution to maximize
the transferability of credits for students who transfer be-
fore completing an associate degree;
‘‘(B) will ensure that students attending community col-
leges in the State have access to comprehensive counseling
and other easily accessible tools regarding the process for
transferring to such institution; and
‘‘(C) has a formal, statewide articulation agreement with
community colleges in the State in which such institution
operates that, at a minimum, ensures that associate de-
grees awarded by community colleges in the State are fully
transferable to, and credited as, the first 2 years of related
baccalaureate programs at such institution.
‘‘(d) USE OF FUNDS.—
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‘‘(1) REQUIRED USE.—Funds awarded under this subpart to a
participating eligible institution shall be used to reduce tuition
and fees for eligible students by an amount that is not less
than the minimum per-student amount described in paragraph
(2), unless the actual cost of tuition and fees at such institution
is not more than such per-student amount, in which case such
institution shall use such funds to waive all such tuition and
fees charged to such students and use any remaining funds in
accordance with paragraph (3).
‘‘(2) MINIMUM PER-STUDENT AMOUNT.—The minimum per-stu-
dent amount described in this paragraph shall be equal to—
‘‘(A) for the 2023–2024 award year, the median resident
community college tuition and fees per student in all
States, not weighted for enrollment, for the most recent
award year for which data are available; and
‘‘(B) for the 2024–2025 award year and each subsequent
award year, the amount determined under this paragraph
for the preceding award year, increased by the lesser of—
‘‘(i) a percentage equal to the estimated percentage
increase in the Consumer Price Index (as determined
by the Secretary) since the date of such determination;
or
‘‘(ii) 3 percent.
‘‘(3) ADDITIONAL USES.—A participating eligible institution
shall use any grant funds remaining after meeting the require-
ments of paragraph (1) to provide financial aid to eligible stu-
dents that may be used by such students to pay for any compo-
nent of cost of attendance other than tuition and fees, which
may include emergency financial aid grants.
‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made available to
carry out this subpart shall be used to supplement, and not sup-
plant, other Federal, State, tribal, and local funds that would oth-
erwise be expended to carry out activities under this subpart.
‘‘(f) SIXTY CREDITS.—Funds under this subpart may only be used
to waive or reduce tuition and fees for the first 60 credits for which
an eligible student is enrolled in the participating eligible institu-
tion except that, when calculating the number of credits in which
the student has been enrolled for the purpose of carrying out this
subpart—
‘‘(1) no student shall be considered to have been enrolled for
more than 12 credits per semester (or the equivalent) during
the period for which the student is receiving benefits under
this subpart; and
‘‘(2) the participating eligible institution may exclude any
credits that a student enrolled in and did not complete at such
institution if the institution determines that such exclusion
would be in the best interest of the student, except that an in-
stitution may exclude no more than 15 credits under this para-
graph for each individual student.
‘‘(g) ELIGIBILITY FOR BENEFITS.—No individual shall be deter-
mined to be ineligible to receive benefits provided under this sub-
part (including reduction of tuition and fees and other aid provided
under this subpart) on the basis of citizenship, alienage, or immi-
gration status.
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‘‘SEC. 796D. DEFINITIONS.
‘‘In this subpart:
‘‘(1) ALASKA NATIVE-SERVING INSTITUTION.—The term ‘Alaska
Native-serving institution’ has the meaning given such term in
section 317(b).
‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC IS-
LANDER-SERVING INSTITUTION.—The term ‘Asian American and
Native American Pacific Islander-serving institution’ has the
meaning given such term in section 371(c).
‘‘(3) COST OF ATTENDANCE.—The term ‘cost of attendance’ has
the meaning given such term in section 472.
‘‘(4) ELIGIBLE INSTITUTION.—
‘‘(A) IN GENERAL.—The term ‘eligible institution’ means
a public or nonprofit 4-year institution of higher education
that has an undergraduate student body of which not less
than 35 percent are low-income students.
‘‘(B) CONTINUING ELIGIBILITY.—The Secretary’s deter-
mination of whether an institution meets the requirement
under subparagraph (A) shall be based on the most recent
data available, and shall be reviewed annually to ensure
that the institution continues to meet the requirements for
participation.
‘‘(5) ELIGIBLE STUDENT.—
‘‘(A) IN GENERAL.—The term ‘eligible student’ means a
student, regardless of age, who—
‘‘(i) is enrolled as an undergraduate student in an el-
igible program (as defined in section 481(b)) at a par-
ticipating eligible institution, on at least a half-time
basis;
‘‘(ii) is a low-income student;
‘‘(iii) has been enrolled at such participating eligible
institution under this subpart for not more than 60
credits, subject to section 796C(f);
‘‘(iv) has not been enrolled (whether full-time or less
than full-time) for more than 6 semesters (or the
equivalent) for which the student received a benefit
under this subpart;
‘‘(v) is not enrolled in a dual or concurrent enroll-
ment program or early college high school;
‘‘(vi) has not completed an undergraduate bacca-
laureate course of study; and
‘‘(vii) in the case of a student who is a United States
citizen, has filed a Free Application for Federal Stu-
dent Aid described in section 483 for the applicable
award year for which the student is enrolled.
‘‘(B) CONTINUED ELIGIBILITY.—In the case of an eligible
student who receives assistance under this subpart and at-
tends an institution that loses status as an eligible institu-
tion or as an institution described in section 796B(a), the
student may continue to receive such assistance for the pe-
riod for which the student would have been eligible if the
institution at which they are enrolled had retained such
status.
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‘‘(6) HISPANIC-SERVING INSTITUTION.—The term ‘Hispanic-
serving institution’ has the meaning given such term in section
502.
‘‘(7) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘historically Black college or university’ means a part B
institution as defined in section 322.
‘‘(8) LOW-INCOME STUDENT.—The term ‘low-income student’
means a student who meets the financial eligibility criteria for
receiving a Federal Pell Grant under section 401, regardless of
whether such student is otherwise eligible to receive such Fed-
eral Pell Grant.
‘‘(9) NATIVE AMERICAN-SERVING NONTRIBAL INSTITUTION.—
The term ‘Native American-serving nontribal institution’ has
the meaning given such term in section 319.
‘‘(10) NATIVE HAWAIIAN-SERVING INSTITUTION.—The term ‘Na-
tive Hawaiian-serving institution’ has the meaning given such
term in section 317(b).
‘‘(11) PREDOMINANTLY BLACK INSTITUTION.—The term ‘Pre-
dominantly Black institution’ has the meaning given such term
in section 371(c).
‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal Col-
lege or University’ has the meaning given such term in section
316(b)(3).
‘‘SEC. 796E. SUNSET.
‘‘(a) IN GENERAL.—The authority to make grants under this sub-
part shall expire at the end of award year 2029–2030.
‘‘(b) INAPPLICABILITY OF GEPA CONTINGENT EXTENSION OF PRO-
GRAMS.—Section 422 of the General Education Provisions Act (20
U.S.C. 1226a) shall not apply to this subpart.
‘‘SEC. 796F. APPROPRIATION.
‘‘In addition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary, to remain
available until September 30, 2030, for carrying out this subpart.’’.
SEC. 20024. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA,
UNITED STATES VIRGIN ISLANDS, AND GUAM COLLEGE
ACCESS.
Part F of title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.), as added and amended by this Act, is further amend-
ed by adding at the end the following:
‘‘SEC. 798. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED
STATES VIRGIN ISLANDS, AND GUAM COLLEGE ACCESS
GRANTS.
‘‘(a) GRANTS.—
‘‘(1) GRANT AMOUNTS.—
‘‘(A) IN GENERAL.—Beginning with award year 2023–
2024, from amounts appropriated to carry out this section,
the Secretary shall provide such sums as may be necessary
to the Governors of each outlying area for such Governors
to award grants to eligible institutions that enroll eligible
students to pay the difference between the tuition and fees
charged for in-State students and the tuition and fees
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charged for out-of-State students on behalf of each eligible
student enrolled in the eligible institution.
‘‘(B) MAXIMUM STUDENT AMOUNTS.—The amount paid on
behalf of an eligible student under this section shall be—
‘‘(i) not more than $15,000 for any one award year
(as defined in section 481); and
‘‘(ii) not more than $75,000 in the aggregate.
‘‘(C) PRORATION.—The Governor shall prorate payments
under this section with respect to eligible students who at-
tend an eligible institution on less than a full-time basis.
‘‘(2) APPLICATION.—Each eligible student desiring a payment
under this section shall submit an application to the eligible
institution at which such student is enrolled or plans to enroll.
‘‘(3) ELIGIBILITY FOR BENEFITS.—No individual shall be deter-
mined to be ineligible to receive benefits provided under this
subpart (including tuition payments and other aid provided
under this subpart) on the basis of citizenship, alienage, or im-
migration status.
‘‘(b) ADMINISTRATION OF PROGRAM.—
‘‘(1) IN GENERAL.—Each Governor shall carry out the pro-
gram under this section in consultation with the Secretary.
Each Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section.
‘‘(2) MEMORANDUM OF AGREEMENT.—Each Governor and the
Secretary shall enter into a memorandum of agreement that
describes—
‘‘(A) the manner in which the Governor will consult with
the Secretary with respect to administering the program
under this section; and
‘‘(B) any technical or other assistance to be provided to
the Governor by the Secretary for purposes of admin-
istering the program under this section (which may in-
clude access to the information in the Free Application for
Federal Student Aid described in section 483).
‘‘(3) CONSTRUCTION.—Nothing in this section shall be con-
strued to require an institution of higher education to alter the
institution’s admissions policies or standards in any manner to
enable an eligible student to enroll in the institution.
‘‘(4) GRANT AUTHORITY.—The authority to make grants under
this section shall expire at the end of award year 2029–2030.
‘‘(c) INAPPLICABILITY OF GEPA CONTINGENT EXTENSION OF PRO-
GRAMS.—Section 422 of the General Education Provisions Act (20
U.S.C. 1226a) shall not apply to this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’
means an institution that—
‘‘(A) is a public four-year institution of higher education
located in one of the several States of the United States,
the District of Columbia, Puerto Rico, or an outlying area;
‘‘(B) is eligible to participate in the student financial as-
sistance programs under title IV; and
‘‘(C) enters into an agreement with the Governor of an
outlying area, or with two or more of such Governors (ex-
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cept that such institution may not enter into an agreement
with the Governor of the outlying area in which such insti-
tution is located), containing such conditions as each Gov-
ernor may specify, including a requirement that the insti-
tution use the funds made available under this section to
supplement and not supplant assistance that otherwise
would be provided to eligible students from outlying areas.
‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible student’ means
an individual who—
‘‘(A) was domiciled in an outlying area for not less than
12 consecutive months preceding the commencement of the
freshman year at an institution of higher education;
‘‘(B) has not completed an undergraduate baccalaureate
course of study;
‘‘(C) begins the individual’s course of study at an eligible
institution within 3 calendar years (excluding any period
of service on active duty in the Armed Forces or service
under the Peace Corps Act (22 U.S.C. 2501 et seq.) or sub-
title D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.)) of—
‘‘(i) graduation from secondary school, or obtaining
the recognized equivalent of a secondary school di-
ploma; or
‘‘(ii) transfer from an institution of higher education
located in an outlying area (including transfer fol-
lowing the completion of an associate degree or certifi-
cate at such institution); and
‘‘(D) is enrolled or accepted for enrollment, on at least a
half-time basis, in a baccalaureate degree or other pro-
gram (including a program of study abroad approved for
credit by the institution at which such student is enrolled)
leading to a recognized educational credential at an eligi-
ble institution.
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in
section 101.
‘‘(4) GOVERNOR.—The term ‘Governor’ means the Governor of
an outlying area.
‘‘(5) OUTLYING AREA.—The term ‘outlying area’ means the
Northern Mariana Islands, American Samoa, the United States
Virgin Islands, and Guam.
‘‘(e) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for car-
rying out this section.’’.
Subpart B—Pell Grants and Student Loans
SEC. 20031. INCREASING THE MAXIMUM FEDERAL PELL GRANT.
(a) AWARD YEAR 2022–2023.—Section 401(b)(7) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(7)) is amended—
(1) in subparagraph (A)(iii), by inserting ‘‘and such sums as
may be necessary for fiscal year 2022 to carry out the $500 in-
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1570
crease provided under subparagraph (C)(iii)’’ before ‘‘; and’’;
and
(2) in subparagraph (C)(iii), by inserting before the period at
the end the following: ‘‘, except that, for award year 2022–
2023, such amount shall be increased by $500’’.
(b) SUBSEQUENT AWARD YEARS THROUGH 2029–2030.—
(1) IN GENERAL.—Section 401(b) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(b)), as amended by section 703 of the
FAFSA Simplification Act (title VII of division FF of Public
Law 116–260), is amended—
(A) in paragraph (5)(A)—
(i) in clause (i), by striking ‘‘and’’ after the semi-
colon;
(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
‘‘(ii) for each of award years 2023–2024 through
2029–2030, an additional $500; and’’; and
(B) in paragraph (6)(A)—
(i) in clause (i)—
(I) by striking ‘‘appropriated) such’’ and insert-
ing the following: ‘‘appropriated)—
‘‘(I) such’’; and
(II) by adding at the end the following:
‘‘(II) such sums as are necessary to carry out
paragraph (5)(A)(ii) for each of fiscal years 2023
through 2029; and’’; and
(ii) in clause (ii), by striking ‘‘(5)(A)(ii)’’ and inserting
‘‘(5)(A)(iii)’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116–
260) and in accordance with section 701(b) of such Act.
SEC. 20032. FEDERAL STUDENT AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) is amended by inserting ‘‘, or, with respect to any grant,
loan, or work assistance received under this title for award years
2022–2023 through 2029–2030, be subject to a grant of deferred en-
forced departure or have deferred action pursuant to the Deferred
Action for Childhood Arrivals policy of the Secretary of Homeland
Security or temporary protected status under section 244 of the Im-
migration and Nationality Act (8 U.S.C. 1254a)’’ after ‘‘becoming a
citizen or permanent resident’’.
SEC. 20033. ACTIVE DUTY DEFERMENT PERIODS COUNTED TOWARD
PUBLIC SERVICE LOAN FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended—
(1) by redesignating paragraphs (2) through (4) as para-
graphs (3) through (5), respectively; and
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (3)’’;
and
(3) by inserting after paragraph (1) the following:
‘‘(2) ACTIVE DUTY DEFERMENT PERIODS.—
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‘‘(A) IN GENERAL.—Notwithstanding paragraph(1)(A) and
subject to subparagraph (B), the Secretary shall deem each
month for which a loan payment was in deferment under
subsection (f)(2) of this section or for which a loan payment
was in forbearance under section 685.205(a)(7) of title 34,
Code of Federal Regulations, (or similar successor regula-
tions), for a borrower described in subsection (f)(2)(C) as if
the borrower of the loan had made a payment for the pur-
pose of public service loan forgiveness under this sub-
section.
‘‘(B) LIMITATION.—Subparagraph (A) shall apply only to
eligible Federal Direct Loans originated before the first
day of fiscal year 2031.’’.
Subpart C—Investments in Historically Black Col-
leges and Universities, Tribal Colleges and Uni-
versities, and Minority-Serving Institutions
SEC. 20041. INSTITUTIONAL AID.
(a) IN GENERAL.—In addition to amounts otherwise available,
there is appropriated for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated—
(1) $113,738,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(B) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year
2022;
(2) $113,738,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(B) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year
2023;
(3) $113,738,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(B) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year
2024;
(4) $113,738,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(B) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year
2025;
(5) $113,738,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(B) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year
2026;
(6) $113,738,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year
2022;
(7) $113,738,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year
2023;
(8) $113,738,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(C) of the Higher Edu-
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cation Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year
2024;
(9) $113,738,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year
2025;
(10) $113,738,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(C) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year
2026;
(11) $34,104,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(D)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2022;
(12) $34,104,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(D)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2023;
(13) $34,104,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(D)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2024;
(14) $34,104,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(D)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2025;
(15) $34,104,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(D)(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal year
2026;
(16) $17,052,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal
year 2022;
(17) $17,052,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal
year 2023;
(18) $17,052,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal
year 2024;
(19) $17,052,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal
year 2025;
(20) $17,052,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(D)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal
year 2026;
(21) $5,684,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(D)(iii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal
year 2022;
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(22) $5,684,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(D)(iii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal
year 2023;
(23) $5,684,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(D)(iii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal
year 2024;
(24) $5,684,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(D)(iii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal
year 2025;
(25) $5,684,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(D)(iii) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal
year 2026;
(26) $5,684,000, to remain available until September 30,
2022, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal
year 2022;
(27) $5,684,000, to remain available until September 30,
2023, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal
year 2023;
(28) $5,684,000, to remain available until September 30,
2024, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal
year 2024;
(29) $5,684,000, to remain available until September 30,
2025, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal
year 2025; and
(30) $5,684,000, to remain available until September 30,
2026, for carrying out section 371(b)(2)(D)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal
year 2026;
(b) USE OF FUNDS.—The Secretary shall use 15 percent of each
of the amounts appropriated under paragraphs (6) through (10) of
subsection (a) to award 25 additional grants under section
371(b)(2)(C)(ii).
SEC. 20042. RESEARCH AND DEVELOPMENT INFRASTRUCTURE COM-
PETITIVE GRANT PROGRAM.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.) is amended—
(1) by redesignating part G as part H; and
(2) by inserting after section 371 the following:
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‘‘PART G—IMPROVING RESEARCH & DEVELOP-
MENT INFRASTRUCTURE FOR MINORITY-
SERVING INSTITUTIONS
‘‘SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRASTRUC-
TURE FOR MINORITY-SERVING INSTITUTIONS.
‘‘(a) ELIGIBLE INSTITUTION.—In this section, the term ‘eligible in-
stitution’ means an institution that—
‘‘(1) is described in section 371(a);
‘‘(2) is a 4-year institution; and
‘‘(3) is not an institution classified as very high research ac-
tivity by the Carnegie Classification of Institutions of Higher
Education.
‘‘(b) AUTHORIZATION OF GRANT PROGRAMS.—
‘‘(1) PLANNING GRANTS.—The Secretary shall award planning
grants, on a competitive basis, to eligible institutions to assist
the eligible institutions in developing a strategic plan, assess-
ing capacity, and carrying out other activities to develop and
submit an application for an implementation grant under para-
graph (2) to support research and development infrastructure.
Planning grants awarded under this paragraph shall be for a
period of 1 to 2 years.
‘‘(2) IMPLEMENTATION GRANTS.—The Secretary shall award
implementation grants, on a competitive basis, to eligible insti-
tutions to assist the eligible institutions in supporting research
and development infrastructure. Implementation grants award-
ed under this paragraph shall be for a period of 1 to 5 years.
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) PLANNING GRANTS.—An eligible institution that de-
sires to receive a planning grant under subsection (b)(1)
shall submit an application to the Secretary. Such applica-
tion shall include—
‘‘(i) a description of the activities that will be carried
out with grant funds; and
‘‘(ii) an assurance that the grant funds provided
under subsection (b)(1) shall be used to supplement,
and not supplant, other Federal, State, tribal, and
local funds that would otherwise be expended to de-
velop a plan, assess capacity, or carry out other activi-
ties related to research and development infrastruc-
ture.
‘‘(B) IMPLEMENTATION GRANTS.—
‘‘(i) IN GENERAL.—An eligible institution that desires
to receive an implementation grant under subsection
(b)(2) shall submit an application to the Secretary.
Such application shall include—
‘‘(I) a description of the projects that will be car-
ried out with grant funds and, in the case of an
institution that was previously awarded a plan-
ning grant under subsection (b)(1), the strategic
plan developed as part of such planning grant;
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‘‘(II) a description of how such projects will sup-
port the research and development infrastructure
of the institution; and
‘‘(III) an assurance that the grant funds pro-
vided under subsection (b)(2) shall be used to sup-
plement, and not supplant, other Federal, State,
tribal, and local funds that would otherwise be ex-
pended to support research and development in-
frastructure.
‘‘(2) CONSORTIA.—An eligible institution may apply to receive
a grant under this section on behalf of a consortium, which
may include institutions classified as very high research activ-
ity by the Carnegie Classification of Institutions of Higher
Education, two-year institutions of higher education, and other
academic partners, philanthropic organizations, and industry
partners, provided that the eligible institution is the lead mem-
ber and fiscal agent of the consortium.
‘‘(3) NO COMPREHENSIVE DEVELOPMENT PLAN.—The require-
ment under section 391(b)(1) shall not apply to grants awarded
under this section.
‘‘(d) PRIORITY IN AWARDS.—In awarding planning and implemen-
tation grants under this section, the Secretary shall give priority
to eligible institutions that meet any of the following:
‘‘(1) Received less than $10,000,000 for the previous fiscal
year for research and development from all Federal sources
combined, except that, in the case of an eligible institution
being considered for an implementation grant, the calculation
of such amount shall not include a planning grant under this
section.
‘‘(2) In the case of eligible institutions being considered for
an implementation grant, have received a planning grant
under this section and have developed and submitted to the
Secretary a high-quality strategic plan, in accordance with the
requirements of such planning grant.
‘‘(e) USE OF FUNDS.—
‘‘(1) PLANNING GRANTS.—An eligible institution that receives
a planning grant under subsection (b)(1) shall use the grant
funds to develop a strategic plan, assess capacity, and carry
out other activities to develop and submit an application for an
implementation grant to support research and development in-
frastructure. In carrying out the activities under such grant,
each such eligible institution—
‘‘(A) shall develop a high-quality strategic plan for im-
proving institutional research and development infrastruc-
ture that includes—
‘‘(i) an assessment of the existing institutional re-
search capacity and research and development infra-
structure; and
‘‘(ii) a detailed description of how research and de-
velopment infrastructure funds provided by an imple-
mentation grant under this section would be used to
increase institutional research capacity and support
research and development infrastructure; and
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‘‘(B) in developing such strategic plan, may work in part-
nership with entities described in subsection (c)(2) to iden-
tify and secure non-Federal funding to support research
and development infrastructure.
‘‘(2) IMPLEMENTATION GRANTS.—An eligible institution that
receives an implementation grant under subsection (b)(2) shall
use the grant funds to support research and development infra-
structure, which shall include carrying out at least one of the
following activities:
‘‘(A) Providing funding for a program under paragraph
(1), (2), or (9) of section 311(c) or under paragraph (1), (2),
or (8) of section 503(b) related to research and develop-
ment infrastructure that is being carried out by the eligi-
ble institution on the date on which the eligible institution
receives a grant under this section.
‘‘(B) Providing for the improvement of infrastructure ex-
isting on the date of the grant award, including deferred
maintenance, or the establishment of new physical infra-
structure, including instructional program spaces, labora-
tories, or research facilities relating to the fields of science,
technology, engineering, the arts, mathematics, health, ag-
riculture, education, medicine, law, and other disciplines.
‘‘(C) Hiring and retaining faculty, students, research-re-
lated staff, or other personnel, including research per-
sonnel skilled in operating, using, or applying technology,
equipment, or devices used to conduct or support research.
‘‘(D) Supporting research internships and fellowships for
students, including undergraduate, graduate, and post-doc-
toral positions, which may include providing direct student
financial assistance to such students.
‘‘(E) Creating new, or expanding existing, academic posi-
tions, including internships, fellowships, and post-doctoral
positions, in fields of research for which research and de-
velopment infrastructure funds have been awarded under
this section.
‘‘(F) Creating and supporting inter- and intra-institu-
tional research centers (including formal and informal
communities of practice) in fields of research for which re-
search and development infrastructure funds have been
awarded under this section, including hiring staff, pur-
chasing supplies and equipment, and funding travel to rel-
evant conferences and seminars to support the work of
such centers.
‘‘(G) Building new institutional support structures and
departments that help faculty learn about, and increase
faculty and student access to, Federal research and devel-
opment grant funds and non-Federal academic research
grants.
‘‘(H) Building data and collaboration infrastructure so
that early findings and research can be securely shared to
facilitate peer review and other appropriate collaboration.
‘‘(I) Providing programs of study and courses in fields of
research for which research and development infrastruc-
ture funds have been awarded under this section.
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‘‘(J) Paying operating and administrative expenses for,
and coordinating project partnerships with members of, a
consortium described in subsection (c)(2) on behalf of
which the eligible institution has received a grant under
this section.
‘‘(K) Installing or extending the life and usability of basic
systems and components of campus facilities related to re-
search, including high-speed broadband internet infra-
structure sufficient to support digital and technology-based
learning.
‘‘(L) Expanding, remodeling, renovating, or altering bio-
medical and behavioral research facilities existing on the
date of the grant award that receive support under section
404I of the Public Health Service Act (42 U.S.C. 283k).
‘‘(M) Acquiring and installing furniture, fixtures, and in-
structional research-related equipment and technology for
academic instruction in campus facilities in fields of re-
search for which research and development infrastructure
funds have been awarded under this section.
‘‘(N) Providing increased funding to programs that sup-
port research and development at the eligible institution
that are funded by National Institutes of Health, including
the Path to Excellence and Innovation program with the
National Institutes of Health.
‘‘(f) ELIGIBILITY FOR BENEFITS.—No individual shall be deter-
mined to be ineligible to receive benefits provided with grant funds
awarded under this section (including direct student financial as-
sistance) on the basis of citizenship, alienage, or immigration sta-
tus.
‘‘(g) SUNSET.—
‘‘(1) IN GENERAL.—The authority to make—
‘‘(A) planning grants under subsection (b)(1) shall expire
at the end of fiscal year 2025; and
‘‘(B) implementation grants under subsection (b)(2) shall
expire at the end of fiscal year 2027.
‘‘(2) INAPPLICABILITY OF GEPA CONTINGENT EXTENSION OF
PROGRAMS.—Section 422 of the General Education Provisions
Act (20 U.S.C. 1226a) shall not apply to this section.
‘‘(h) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $2,000,000,000, to re-
main available until September 30, 2028, for carrying out this sec-
tion.’’.
PART 3—MISCELLANEOUS
SEC. 20051. OFFICE OF INSPECTOR GENERAL.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $35,000,000, to
remain available until expended, for the Office of Inspector General
of the Department of Education, for salaries and expenses nec-
essary for oversight, investigations, and audits of programs, grants,
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and projects funded under this subtitle and sections 22101 and
22102 carried out by the Office of Inspector General.
SEC. 20052. PROGRAM ADMINISTRATION FUNDS.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $738,000,000,
to remain available until expended, for necessary administrative
expenses associated with carrying out this subtitle and sections
22101 and 22102.
SEC. 20053. STUDENT AID ADMINISTRATION.
In addition to amounts otherwise available, there is appropriated
to the Department of Education for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $91,000,000, to
remain available through September 30, 2030, for Student Aid Ad-
ministration within the Department of Education for necessary ad-
ministrative expenses associated with carrying out this subtitle.
Subtitle B—Labor Matters
SEC. 21001. DEPARTMENT OF LABOR.
In addition to amounts otherwise available, out of any money in
the Treasury not otherwise appropriated, there are appropriated to
the Department of Labor for fiscal year 2022, to remain available
until September 30, 2026, the following amounts:
(1) $195,000,000 to the Employee Benefits Security Adminis-
tration for carrying out enforcement activities.
(2) $707,000,000 to the Occupational Safety and Health Ad-
ministration for carrying out enforcement, standards develop-
ment, whistleblower investigations, compliance assistance,
funding for State plans, and related activities within the Occu-
pational Safety and Health Administration.
(3) $133,000,000 to the Mine Safety and Health Administra-
tion for carrying out enforcement, standard setting, technical
assistance, and related activities.
(4) $405,000,000 to the Wage and Hour Division for carrying
out activities.
(5) $121,000,000 to the Office of Workers’ Compensation Pro-
grams for carrying out activities of the Office relating to claims
activity, policy and standards development, and monitoring of
State workers’ compensation programs.
(6) $201,000,000 to the Office of Federal Contract Compli-
ance Programs for carrying out audit, investigation, enforce-
ment, and compliance assistance, and other activities.
(7) $176,000,000 to the Office of the Solicitor for carrying out
necessary legal support for activities carried out by the Office
related to and in support of the activities of those Department
of Labor agencies receiving additional funding in this section.
SEC. 21002. NATIONAL LABOR RELATIONS BOARD.
In addition to amounts otherwise available, out of any money in
the Treasury not otherwise appropriated, there are appropriated to
the National Labor Relations Board for fiscal year 2022,
$350,000,000, to remain available until September 30, 2026, for
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carrying out the activities of the Board, of which not more than
$5,000,000 shall be for the implementation of systems to conduct
electronic voting for union representation elections.
SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
In addition to amounts otherwise available, out of any money in
the Treasury not otherwise appropriated, there are appropriated to
the Equal Employment Opportunity Commission for fiscal year
2022, $321,000,000, to remain available until September 30, 2026,
for carrying out investigation, enforcement, outreach, and related
activities.
SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.
(a) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.—Section 17
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘$70,000’’ and inserting ‘‘$700,000’’; and
(B) by striking ‘‘$5,000’’ and inserting ‘‘$50,000’’;
(2) in subsection (b), by striking ‘‘$7,000’’ and inserting
‘‘$70,000’’; and
(3) in subsection (d), by striking ‘‘$7,000’’ and inserting
‘‘$70,000’’.
(b) FAIR LABOR STANDARDS ACT OF 1938.—Section 16(e) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended—
(1) in paragraph (1)(A)—
(A) in clause (i), by striking ‘‘$11,000’’ and inserting
‘‘$132,270’’; and
(B) in clause (ii), by striking ‘‘$50,000’’ and inserting
‘‘$601,150’’; and
(2) in paragraph (2)—
(A) in the first sentence, by striking ‘‘$1,100’’ and insert-
ing ‘‘$20,740’’; and
(B) in the second sentence, by striking ‘‘$1,100’’ and in-
serting ‘‘$11,620’’.
(c) MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
ACT.—Section 503(a)(1) of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1853(a)(1)) is amended by strik-
ing ‘‘$1,000’’ and inserting ‘‘$25,790’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2022.
SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIOLATIONS.
(a) CIVIL MONETARY PENALTIES RELATING TO PARITY IN MENTAL
HEALTH AND SUBSTANCE USE DISORDERS.—Section 502(c)(10) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(10)(A)) is amended—
(1) in the heading, by striking ‘‘USE OF GENETIC INFORMA-
TION’’ and inserting ‘‘USE OF GENETIC INFORMATION AND PARITY
IN MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS’’;
and
(2) in subparagraph (A)—
(A) by striking ‘‘any plan sponsor of a group health plan’’
and inserting ‘‘any plan sponsor or plan administrator of
a group health plan’’; and
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(B) by striking ‘‘for any failure’’ and all that follows
through ‘‘in connection with the plan.’’ and inserting ‘‘for
any failure by such sponsor, administrator, or issuer, in
connection with the plan—
‘‘(i) to meet the requirements of subsection (a)(1)(F),
(b)(3), (c), or (d) of section 702 or section 701 or
702(b)(1) with respect to genetic information; or
‘‘(ii) to meet the requirements of subsection (a) of
section 712 with respect to parity in mental health
and substance use disorder benefits.’’.
(b) EXCEPTION TO THE GENERAL PROHIBITION ON ENFORCE-
MENT.—Section 502 of such Act (29 U.S.C. 1132) is amended—
(1) in subsection (a)(6), by striking ‘‘or (9)’’ and inserting ‘‘(9),
or (10)’’; and
(2) in subsection (b)(3)—
(A) by striking ‘‘subsections (c)(9) and (a)(6)’’ and insert-
ing ‘‘subsections (c)(9), (c)(10), and (a)(6)’’;
(B) by striking ‘‘under subsection (c)(9))’’ and inserting
‘‘under subsections (c)(9) and (c)(10)), and except with re-
spect to enforcement by the Secretary of section 712’’; and
(C) by striking ‘‘706(a)(1)’’ and inserting ‘‘733(a)(1)’’.
(c) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply with respect to group health plans, or any health insur-
ance issuer offering health insurance coverage in connection with
such plan, for plan years beginning after the date that is 1 year
after the date of enactment of this Act.
SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RELATIONS
ACT.
(a) IN GENERAL.—Section 12 of the National Labor Relations Act
(29 U.S.C. 162) is amended—
(1) by striking ‘‘SEC. 12. Any person’’ and inserting the fol-
lowing:
‘‘SEC. 12. PENALTIES.
‘‘(a) VIOLATIONS FOR INTERFERENCE WITH BOARD.—Any person’’;
and
(2) by adding at the end the following:
‘‘(b) CIVIL PENALTIES FOR UNFAIR LABOR PRACTICES.—Any em-
ployer who commits an unfair labor practice within the meaning of
section 8(a) affecting commerce shall be subject to a civil penalty
in an amount not to exceed $50,000 for each such violation, except
that, with respect to such an unfair labor practice within the mean-
ing of paragraph (3) or (4) of section 8(a) or such a violation of sec-
tion 8(a) that results in the discharge of an employee or other seri-
ous economic harm to an employee, the Board shall double the
amount of such penalty, to an amount not to exceed $100,000, in
any case where the employer has within the preceding 5 years com-
mitted another such violation of such paragraph (3) or (4) or such
violation of section 8(a) that results in such discharge or other seri-
ous economic harm. A civil penalty under this paragraph shall be
in addition to any other remedy ordered by the Board.
‘‘(c) CONSIDERATIONS.—In determining the amount of any civil
penalty under this section, the Board shall consider—
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‘‘(1) the gravity of the actions of the employer resulting in
the penalty, including the impact of such actions on the charg-
ing party or on other persons seeking to exercise rights guar-
anteed by this Act;
‘‘(2) the size of the employer;
‘‘(3) the history of previous unfair labor practices or other ac-
tions by the employer resulting in a penalty; and
‘‘(4) the public interest.
‘‘(d) DIRECTOR AND OFFICER LIABILITY.—If the Board determines,
based on the particular facts and circumstances presented, that a
director or officer’s personal liability is warranted, a civil penalty
for a violation described in this section may also be assessed
against any director or officer of the employer who directed or com-
mitted the violation, had established a policy that led to such a vio-
lation, or had actual or constructive knowledge of and the authority
to prevent the violation and failed to prevent the violation.’’.
(b) ADDITIONAL PENALTIES.—The National Labor Relations Act
(29 U.S.C. 151 et seq.) is amended by inserting after section 12 (29
U.S.C. 162) the following:
‘‘SEC. 12A. ADDITIONAL PENALTIES.
‘‘(a) CIVIL PENALTIES FOR ADDITIONAL CONDUCT.—Any employer
who violates subsection (d) affecting commerce shall be subject to
a civil penalty in an amount not to exceed $50,000 for each such
violation, except that, with respect to such a violation that results
in the discharge of an employee or other serious economic harm to
an employee, the Board shall double the amount of such penalty,
to an amount not to exceed $100,000, in any case where the em-
ployer has within the preceding 5 years committed another such
violation of subsection (d) that results in such discharge or other
serious economic harm.
‘‘(b) CONSIDERATIONS.—In determining the amount of any civil
penalty under this section, the Board shall consider—
‘‘(1) the gravity of the actions of the employer resulting in
the penalty, including the impact of such actions on the charg-
ing party or on other persons seeking to exercise rights guar-
anteed by this Act;
‘‘(2) the size of the employer;
‘‘(3) the history of previous unfair labor practices or other ac-
tions by the employer resulting in a penalty; and
‘‘(4) the public interest.
‘‘(c) DIRECTOR AND OFFICER LIABILITY.—If the Board determines,
based on the particular facts and circumstances presented, that a
director or officer’s personal liability is warranted, a civil penalty
for a violation described in this section may also be assessed
against any director or officer of the employer who directed or com-
mitted the violation, had established a policy that led to such a vio-
lation, or had actual or constructive knowledge of and the authority
to prevent the violation and failed to prevent the violation.
‘‘(d) PROHIBITION.—It shall be unlawful for an employer—
‘‘(1) to promise, threaten, or take any action—
‘‘(A) to permanently replace an employee who partici-
pates in a strike as defined by section 501(2) of the Labor
Management Relations Act, 1947 (29 U.S.C. 142(2));
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‘‘(B) to discriminate against an employee who is working
or has unconditionally offered to return to work for the
employer because the employee supported or participated
in such a strike; or
‘‘(C) to lockout, suspend, or otherwise withhold employ-
ment from employees in order to influence the position of
such employees or the representative of such employees in
collective bargaining prior to a strike;
‘‘(2) to communicate or misrepresent to an employee under
section 2(3) that such employee is excluded from the definition
of employee under section 2(3);
‘‘(3) to require or coerce an employee to attend or participate
in such employer’s campaign activities unrelated to the em-
ployee’s job duties, including activities that are subject to the
requirements under section 203(b) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)); or
‘‘(4) to violate subsection (e).
‘‘(e) COLLECTIVE ACTION.—
‘‘(1) IN GENERAL.—No employer shall—
‘‘(A) enter into or attempt to enforce any agreement, ex-
press or implied, whereby prior to a dispute to which the
agreement applies, an employee undertakes or promises
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee in any forum that, but
for such agreement, is of competent jurisdiction;
‘‘(B) coerce an employee into undertaking or promising
not to pursue, bring, join, litigate, or support any kind of
joint, class, or collective claim arising from or relating to
the employment of such employee; or
‘‘(C) retaliate or threaten to retaliate against an em-
ployee for refusing to undertake or promise not to pursue,
bring, join, litigate, or support any kind of joint, class, or
collective claim arising from or relating to the employment
of such employee.
‘‘(2) EXCEPTION.—This subsection shall not apply to any
agreement embodied in or expressly permitted by a contract
between an employer and a labor organization.
‘‘(f) ENFORCEMENT.—The provisions of section 10 and 11 shall
apply to a violation of this section in the same manner as such pro-
visions apply to an unfair labor practice, except that—
‘‘(1) an order under section 10 with respect to a violation of
this section—
‘‘(A) shall require only that the person in such violation
pay a civil penalty under subsection (a); and
‘‘(B) shall not include a requirement for a person to
cease and desist such violation or any form of affirmative
action other than the payment of such penalty;
‘‘(2) a petition under subsection (e) of section 10 with respect
to a violation of this section may be only for enforcement of an
order for the payment of a civil penalty under subsection (a);
‘‘(3) a petition under subsection (f) of section 10 with respect
to a violation of this section may be only for review of an order
for the payment of such a civil penalty; and
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‘‘(4) a court under section 10 may not grant any form of re-
lief, including temporary relief, a restraining order, or any
other form of injunctive relief, for a violation of this section
other than a decree to enforce, modify, or set aside in whole
or in part an order of the Board imposing a civil penalty under
subsection (a) for a violation of this section.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2022.
Subtitle C—Workforce Development
Matters
PART 1—DEPARTMENT OF LABOR
SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND TRAINING AC-
TIVITIES.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any money in the Treasury not otherwise appro-
priated, $16,000,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, which shall be reserved and allotted to States in accord-
ance with subsection (b)(2) of section 132 of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3172), reserved and allocated
to local areas in accordance with subsections (a) and (b)(1)(B) of
section 133 of such Act (29 U.S.C. 3173), and reserved by such local
areas as follows:
(1) Not less than 20 percent shall be reserved for carrying
out the career services authorized under subsection (c)(2) of
section 134 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174) and expanding access to the individualized ca-
reer services described in section 134(c)(2)(A)(xii) of such Act
(29 U.S.C. 3174(c)(2)(A)(xii)).
(2) Not less than 20 percent shall be reserved for carrying
out the supportive services and providing the needs-related
payments authorized under paragraphs (2) and (3) of section
134(d) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)), except that for purposes of the reservation
under this paragraph the requirements of subparagraphs (B)
and (C) of paragraph (3) of such section shall not apply; and
(3) Not less than 50 percent shall be reserved for carrying
out the training services—
(A) of which, not less than 60 percent shall be made
available for individual training accounts authorized under
section 134(c)(3) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3174(c)(3)).
(B) except that for purposes of providing transitional
jobs as part of those services under this section, section
134(d)(5) of such Act (29 U.S.C. 3174(d)(5)) shall be applied
by substituting ‘‘40 percent’’ for ‘‘10 percent’’.
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
carry out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to provide
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employment and training activities for dislocated workers, includ-
ing funds provided under the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.).
SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING ACTIVI-
TIES.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any money in the Treasury not otherwise appro-
priated, $15,000,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, which shall be reserved and allotted to States in accord-
ance with subsection (b)(1) of section 132 of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3172), reserved and allocated
to local areas in accordance with subsections (a) and (b)(1)(A) of
section 133 of such Act (29 U.S.C. 3173), and reserved by such local
areas as follows:
(1) Not less than 20 percent shall be reserved for carrying
out the career services authorized under subsection (c)(2) of
section 134 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174) and expanding access to the individualized ca-
reer services described in section 134(c)(2)(A)(xii) of such Act
(29 U.S.C. 3174(c)(2)(A)(xii)).
(2) Not less than 10 percent shall be reserved for carrying
out the supportive services and providing the needs-related
payments authorized under paragraphs (2) and (3) of section
134(d) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)).
(3) Not less than 50 percent shall be reserved for carrying
out the training services—
(A) of which, not less than 60 percent shall be made
available for individual training accounts or contracts au-
thorized under of section 134(c)(3) of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3174(c)(3)); and
(B) except that for purposes of providing incumbent
worker training as part of those services under this sec-
tion, if such training is provided to low-wage workers, sec-
tion 134(d)(4)(A)(i) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3174(d)(4)(A)(i)) shall be applied by
substituting ‘‘40 percent’’ for ‘‘20 percent’’.
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
carry out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to provide
adult employment and training activities, including funds provided
under the Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.).
SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any money in the Treasury not otherwise appro-
priated, $9,054,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, which shall be reserved and allotted to States in accord-
ance with subparagraphs (B) and (C) of section 127(b)(1) of the
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Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)),
reserved and allocated to local areas in accordance with subsections
(a) and (b) of section 128 of such Act (29 U.S.C. 3163), and reserved
by such local areas as follows:
(1) 25 percent shall be reserved for carrying out the youth
workforce investment activities authorized under section 129 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3164
et seq.).
(2) 75 percent shall be reserved to provide opportunities for
in-school youth and out-of-school youth to participate in paid
work experiences described in subsection (c)(2)(C) of section
129 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3164).
(b) PARTNERSHIPS.—Not less than 20 percent of amounts made
available under subsection (a) shall be used by local areas to part-
ner with community-based organizations serving out-of-school
youth to carry out activities described in paragraphs (1) and (2) of
subsection (a), including those residing in high-crime or high-pov-
erty areas.
(c) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
carry out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended for youth
workforce investment activities, including funds provided under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
SEC. 22004. EMPLOYMENT SERVICE.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, the following
amounts, to remain available until September 30, 2026, except that
no amounts may be expended after September 30, 2031
(1) $1,250,000,000 for carrying out the State grant activities
authorized under section 7 of the Wagner-Peyser Act (29
U.S.C. 49f), which shall be allotted in accordance with section
6 of such Act (29 U.S.C. 49e), except that, for purposes of this
section, funds shall also be provided to the Commonwealth of
the Northern Mariana Islands and American Samoa in
amounts the Secretary determines appropriate prior to the al-
lotments being made in accordance with section 6 of such Act
(29 U.S.C. 49d).
(2) $100,000,000 for carrying out improvements to the work-
force and labor market information systems authorized under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $3,600,000,000,
to remain available until September 30, 2026, except that no
amounts may be expended after September 30, 2031, for carrying
out ex-offender activities, under the authority of section 169 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3224). Not
less than 25 percent of such funds shall be for competitive grants
to national and regional intermediaries for activities that prepare
for employment of young adults with criminal records, young
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1586
adults who have been justice system-involved, or young adults who
have dropped out of school or other educational programs, with a
priority for projects serving high-crime, high-poverty areas.
SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH APPRENTICE-
SHIPS, AND PRE-APPRENTICESHIPS.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any amounts in the Treasury not otherwise ap-
propriated, $5,000,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, to carry out activities through grants, cooperative agree-
ments, contracts or other arrangements, with States and other ap-
propriate entities, including equity intermediaries and business
and labor industry partner intermediaries, to create or expand
only—
(1) apprenticeship programs registered under the Act of Au-
gust 16, 1937 (commonly known as the ‘‘National Apprentice-
ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
(2) youth apprenticeship programs and pre-apprenticeship
programs that articulate to apprenticeship programs described
in paragraph (1).
(b) RESERVATION.—Not less than 50 percent of the funds made
available under section (a) shall be reserved for—
(1) entities serving a high number or high percentage of indi-
viduals with barriers to employment (as defined in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)), including individuals with disabilities, or nontraditional
apprenticeship populations; or
(2) youth apprenticeships or pre-apprenticeships that articu-
late to such registered apprenticeships programs.
SEC. 22007. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP
GRANTS.
(a) DEFINITIONS.—In this section—
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
means an institution of higher education (as defined in section
101 or 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1001, 1002(c)), including a Tribal College or University (as de-
fined in section 316 of such Act (20 U.S.C. 1059c)), or a consor-
tium of such institutions—
(A) at which the highest degree awarded is an associate
degree; or an associate degree is the predominant degree
awarded; and
(B) that is working directly with an industry or sector
partnership, or in the process of establishing such partner-
ship, to carry out a grant under this section.
(2) PERKINS CTE DEFINITIONS.—The terms ‘‘career and tech-
nical education’’, ‘‘career guidance and academic counseling’’ ,
‘‘dual or concurrent enrollment program’’, ‘‘evidence-based’’ and
‘‘work-based learning’’ have the meanings given the terms in
section 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
(3) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘‘reg-
istered apprenticeship program’’ means an apprenticeship reg-
istered under the Act of August 16, 1937 (commonly known as
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1587
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(5) WIOA DEFINITIONS.—
(A) IN GENERAL.—The terms ‘‘career pathway’’, ‘‘in-de-
mand industry sector or occupation’’, ‘‘individual with a
barrier to employment’’, ‘‘industry or sector partnership’’,
‘‘integrated education and training’’, ‘‘recognized postsec-
ondary credential’’ and ‘‘supportive services’’ have the
meanings given the terms in section 3 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3102).
(B) CAREER SERVICES.—The term ‘‘career services’’
means services described in section 134(c)(2) of the Work-
force Innovation and Opportunity Act (29 U.S.C.
3174(c)(2)).
(b) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any money in the Treasury not otherwise appro-
priated, $2,000,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, to carry out this section.
(c) GRANTS.—From funds appropriated under subsection (b) and
not reserved under subsection (e), and under the authority of sec-
tion 169(b)(5) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3224(b)(5)), the Secretary shall award grants on a competi-
tive basis to eligible institutions for the purposes of expanding
workforce development and employment opportunities in high-skill,
high-wage, or in-demand industry sectors or occupations. To receive
such a grant, an eligible institution shall submit to the Secretary
an application at such time, in such manner, and containing such
information as specified by the Secretary, including a description of
the related programs, recognized postsecondary credentials, and
employment opportunities.
(d) USE OF GRANT FUNDS.—
(1) IN GENERAL.—An eligible institution awarded a grant
under this section shall use such grant funds to expand oppor-
tunities for attainment of recognized postsecondary credentials
that are nationally portable and stackable for high-skill, high-
wage, or in-demand industry sectors or occupations by—
(A) establishing, improving, or scaling high-quality, evi-
dence-based education and training programs, such as ca-
reer and technical education programs, career pathway
programs, and work-based learning programs (including
programs of registered apprenticeships or pre-apprentice-
ships that articulate to registered apprenticeships);
(B) creating, developing, or expanding articulation agree-
ments (as defined in section 486A(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1093a(a))), credit transfer
agreements, corequisite remediation programs, dual or
concurrent enrollment programs, or policies and processes
to award academic credit for prior learning or career train-
ing programs supported by the funds described in sub-
section (c);
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(C) making available open, searchable, and comparable
information on curriculum or recognized postsecondary
credentials, including those created or developed using
such funds, and information on the related skills or com-
petencies, and related employment and earnings outcomes;
(D) establishing or implementing plans for providers of
programs supported with such funds to be included on the
eligible training services provider list described in section
122(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d));
(E) purchasing, leasing, or refurbishing specialized
equipment necessary to carry out the education or career
training programs supported by such funds;
(F) reducing or eliminating out-of-pocket expenses re-
lated to participants’ cost of attendance in the education or
career training activities supported by such funds; or
(G) establishing or expanding industry or sector partner-
ships to successfully carry out the activities described in
subparagraphs (A) through (F).
(2) RESERVATION.—An eligible institution awarded a grant
under this section shall use not less than 15 percent of such
grant funds to provide services to help individuals with bar-
riers to employment complete and successfully transition out of
education or career training programs supported by such
funds, which shall include providing supportive services, career
services, career guidance and academic counseling, or job
placement assistance.
(e) RESERVATIONS.—From the amounts made available under
subsection (b), the Secretary shall reserve not more than 5 percent
for—
(1) targeted outreach to eligible institutions serving a high
number or high percentage of low-income individuals or indi-
viduals with barriers to employment, and rural-serving eligible
institutions, to provide guidance and assistance in the grant
application process under this section;
(2) administration of the program described in this section,
including providing technical assistance and oversight to sup-
port eligible institutions (including consortia of eligible institu-
tions); and
(3) evaluating and reporting on the performance and impact
of programs funded under this section.
(f) SUPPLEMENT NOT SUPPLANT.—Amounts available to carry out
this section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to support commu-
nity college education or career training programs.
SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor for fiscal
year 2022, out of any money in the Treasury not otherwise appro-
priated, $10,000,000,000, to remain available until September 30,
2026, except that no amounts may be expended after September
30, 2031, to carry out this section.
(b) GRANTS.—From amounts appropriated under subsection (a)
and not reserved under subsection (d), and under the authority of
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section 169(b)(5) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3224(b)(5)), the Secretary shall award grants on a com-
petitive basis to eligible partnerships for the purposes of expanding
workforce development and employment opportunities for high-
skill, high-wage, or in-demand industry sectors or occupations, in-
cluding information technology, clean energy, arts and entertain-
ment, infrastructure and transportation, advanced manufacturing,
health care, public health, home care, and early childhood care and
education. To receive such a grant, an eligible partnership shall
submit to the Secretary an application at such time, in such man-
ner, and containing such information as specified by the Secretary.
(c) USES OF FUNDS.—An eligible partnership awarded such a
grant under this section shall use—
(1) such grant funds to engage and regularly convene stake-
holders in a collaborative structure to identify, develop, im-
prove, or expand training, employment, and growth opportuni-
ties for the high-skill, high-wage, or in-demand industry sector
or occupation on which such partnership is focused;
(2) not less than 50 percent of such grant funds to directly
provide, or arrange for the provision of, high-quality, evidence-
based training for the high-skill, high-wage, or in-demand in-
dustry sector or occupation on which such partnership is fo-
cused, which shall include—
(A) training services described in any clause of subpara-
graph (D) of section 134(c)(3) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(c)(3))) provided
through contracts that meet the requirements of that sec-
tion 134(c)(3); or
(B) training provided through registered apprenticeship
programs, youth apprenticeship, or pre-apprenticeship pro-
grams that articulate to registered apprenticeship pro-
grams, or through joint labor-management partnerships;
and
(C) establishing or implementing plans for providers of
programs supported with such funds to be included on the
eligible training services provider list described in section
122(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d)).
(3) not less than 15 percent of such grant funds to directly
provide, or arrange for the provision of, services to help indi-
viduals with barriers to employment complete and successfully
transition out of training described in paragraph (2), which
services shall include career services, supportive services, or
the provision of needs-related payments authorized under sub-
sections (c)(2), (d)(2), and (d)(3) of section 134 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174).
(d) RESERVATIONS.—
(1) IN GENERAL.—From the amounts made available under
subsection (a), the Secretary shall reserve not more than 5 per-
cent for—
(A) targeted outreach and support to eligible partner-
ships serving local areas with high unemployment rates or
high percentages of individuals with low incomes or indi-
viduals with barriers to employment, to provide guidance
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and assistance in the grant application process under this
section;
(B) administration of the program described in this sec-
tion, including providing comprehensive technical assist-
ance and oversight to support eligible partnerships; and
(C) evaluating and reporting on the performance and im-
pact of programs funded under this section.
(2) STATE BOARD OR LOCAL BOARD FUNDS.—From amounts
made available under subsection (a), the Secretary shall re-
serve not less than 5 percent to provide direct assistance to
State boards or local boards to support the creation or expan-
sion of industry or sector partnerships in local areas with high
unemployment rates or high percentages of individuals with
low incomes or individuals with barriers to employment, as
compared to State or national averages for such rates or per-
centages.
(e) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
carry out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended to support ac-
tivities described in this section.
(f) DEFINITIONS.—In this section:
(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’
means—
(A) an industry or sector partnership, which shall in-
clude multiple representatives described in each of clauses
(i) through (iii) of paragraph (26)(A) of section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102); or
(B) a partnership of multiple entities described in sec-
tion 3(26) of such Act (29 U.S.C. 3102(26)), and a State
board or local board, that is in the process of establishing
an industry or sector partnership.
(2) PERKINS CTE DEFINITIONS.—The terms ‘‘career guidance
and academic counseling’’ and ‘‘evidence-based’’ have the mean-
ings given the terms in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302).
(3) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘‘reg-
istered apprenticeship program’’ means an apprenticeship reg-
istered under the Act of August 16, 1937 (commonly known as
the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(5) WIOA DEFINITIONS.—The terms ‘‘career pathway’’, ‘‘in-de-
mand industry sector or occupation’’, ‘‘individual with a barrier
to employment’’, ‘‘industry or sector partnership’’, ‘‘local area’’,
‘‘local board’’, and ‘‘State board’’ have the meanings given the
terms in section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102).
SEC. 22009. JOB CORPS.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
amounts in the Treasury not otherwise appropriated,
$1,500,000,000, to remain available until September 30, 2026, ex-
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1591
cept that no amounts may be expended after September 30, 2031,
for the Job Corps program authorized under section 143 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3193), in-
cluding improving and expanding access to allowances and sup-
ports described in section 150 of such Act (29 U.S.C. 3200), except
that for the purposes of this section, outlying areas as defined in
section 3 of such Act (29 U.S.C. 3102) shall be considered eligible
to receive funds under this section. Of such funds, no less than
$750,000,000 shall be reserved for construction, rehabilitation and
acquisition of Job Corps Centers.
SEC. 22010. NATIVE AMERICAN PROGRAMS.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
amounts in the Treasury not otherwise appropriated, $450,000,000,
to remain available until September 30, 2026, except that no
amounts may be expended after September 30, 2031, for the Native
American programs authorized under the Workforce Innovation
and Opportunity Act.
SEC. 22011. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
amounts in the Treasury not otherwise appropriated, $450,000,000,
to remain available until September 30, 2026, except that no
amounts may be expended after September 30, 2031, for the mi-
grant and seasonal farmworker programs authorized under Work-
force Innovation and Opportunity Act, except that, for purposes of
providing services under those programs to low-income individuals
under this section, section 3(36)(A)(ii)(I) of such Act (29 U.S.C.
3102(36)(A)(ii)(I)) shall be applied by substituting ‘‘150 percent of
the poverty line’’ for ‘‘the poverty line’’.
SEC. 22012. YOUTHBUILD PROGRAM.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
amounts in the Treasury not otherwise appropriated, $500,000,000,
to remain available until September 30, 2026, except that no
amounts may be expended after September 30, 2031, for the
YouthBuild program authorized under the Workforce Innovation
and Opportunity Act (29 U.S.C. 3226), including for the purposes
of improving and expanding access to services, stipends, wages, and
benefits described in subsections (c)(2)(A)(vii) and (c)(2)(F) of sec-
tion 171 of such Act.
SEC. 22013. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
amounts in the Treasury not otherwise appropriated, $100,000,000,
to remain available until September 30, 2026, except that no
amounts may be expended after September 30, 2031, for the Senior
Community Service Employment program authorized under title V
of the Older Americans Act (42 U.S.C. 3056 et seq.).
SEC. 22014. PROGRAM ADMINISTRATION.
In addition to amounts otherwise made available, there is appro-
priated to the Department of Labor for fiscal year 2022, out of any
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1592
money in the Treasury not otherwise appropriated, $720,000,000,
to remain available until September 30, 2028, except that no
amounts may be expended after September 30, 2031, for program
administration within the Department of Labor for salaries and ex-
penses necessary to implement this part, parts 3 and 4, and section
22402 of part 5 of this subtitle, including for management, legal,
or other support necessary to implement such parts or section.
PART 2—DEPARTMENT OF EDUCATION
SEC. 22101. ADULT EDUCATION AND LITERACY.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Education for fis-
cal year 2022, out of any money in the Treasury not otherwise ap-
propriated, $3,600,000,000, to remain available until September 30,
2028, to carry out title II of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.), which shall be reserved, and
granted and allotted to eligible agencies in accordance with sub-
sections (a), (b), and (c) of section 211 of such Act, respectively.
(b) REQUIREMENT.—With respect to each eligible agency that re-
ceives funds appropriated by this section, for each fiscal year for
which such eligible agency receives such funds, section 222(a)(1) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3302(a)(1)) the shall be applied by substituting ‘‘not less than 10
percent’’ for ‘‘not more than 20 percent’’.
SEC. 22102. CAREER AND TECHNICAL EDUCATION.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Education for fis-
cal year 2022, out of any money in the Treasury not otherwise ap-
propriated, the following amounts, to remain available until Sep-
tember 30, 2028:
(1) $3,000,000,000 for carrying out career and technical edu-
cation programs authorized under section 124 and section 135
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.), which shall be allotted in accord-
ance with section 111 and section 112 of such Act (20 U.S.C.
2321, 2322), except that subsection (b) of section 112 of such
Act (20 U.S.C. 2322) shall not apply.
(2) $1,000,000,000 for carrying out the innovation and mod-
ernization program described in subsection(e) of section 114 of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2324(e)), except that for purposes of this para-
graph—
(A) the 20 percent limitation in paragraph (1) of such
subsection, and paragraph (2) of such subsection, shall not
apply; and
(B) eligible agencies (as defined in section 3 of such Act)
shall be eligible to receive grants under section 114(e) of
such Act.
(b) SUPPLEMENT NOT SUPPLANT.—Amounts made available to
carry out this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended for career
and technical education programs, including the funds provided
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under the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.).
PART 3—COMPETITIVE INTEGRATED EMPLOY-
MENT TRANSFORMATION GRANT PROGRAM
SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT TRANS-
FORMATION GRANT PROGRAM.
(a) IN GENERAL.—In addition to amounts otherwise made avail-
able, there is appropriated to the Department of Labor,
$300,000,000 for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, to remain available until expended, for
the Secretary of Labor (referred to in this section as the ‘‘Sec-
retary’’) to award grants to States in accordance with this section
to assist employers in such States who were issued special certifi-
cates under section 14(c) of the Fair Labor Standards Act of 1938
(29 U.S.C. 214(c)) in transforming (or continuing to transform)
their business and program models from providing employment
using special certificates to business and program models that em-
ploy and support people with disabilities in competitive integrated
employment and to cover any administrative costs associated with
such grants.
(b) RESERVATIONS AND ALLOTMENTS; DURATION OF AWARDS.—
(1) RESERVATIONS.—
(A) ALLOTMENTS TO NON-COVERED STATES.—
(i) IN GENERAL.—The Secretary shall reserve 10 per-
cent of the amount appropriated by subsection (a) to
award grants, in accordance to clause (ii), to States de-
scribed in subsection (c)(3) that submit an application
under subsection (c) meeting the applicable require-
ments of such subsection.
(ii) ALLOTMENT AMOUNT.—The Secretary shall allot
grants to each State under clause (i) a grant in an
amount that bears the same relationship to the total
amount reserved under clause (i) as the population of
the State bears to the total population of all States de-
scribed in such clause.
(B) NATIONAL TECHNICAL ASSISTANCE CENTER.—The Sec-
retary shall use 2 percent of the amounts appropriated in
subsection (a) to establish, either directly or through
grants, contracts, or cooperative agreements, a national
technical assistance center to provide technical assistance
to employers who are transforming from employing people
with disabilities using special certificates to providing com-
petitive integrated employment and to collect and dissemi-
nate evidence-based practices with respect to the trans-
formations and in providing competitive integrated em-
ployment and integrated services.
(2) ALLOTMENTS TO COVERED STATES.—
(A) 15 OR MORE COVERED STATES.—
(i) IN GENERAL.—In the case that, as of a date deter-
mined appropriate by the Secretary, there are 15 or
more covered States the Secretary shall allot to each
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covered State a grant in an amount equal to the sum
of the allotted to such State under clauses (ii) and (iii).
(ii) ALLOTMENT BASED ON NUMBER OF EMPLOYEES
UNDER SPECIAL CERTIFICATES.—From the total amount
that is 70 percent of the funds appropriated under
subsection (a) and not reserved under paragraph (1),
the Secretary shall allot to each covered State an
amount that bears the same relationship to such total
amount as the number of people with disabilities who
are employed under a special certificate in the covered
State bears to the total number of people with disabil-
ities who are employed under a special certificate in
all covered States.
(iii) ALLOTMENT BASED ON EMPLOYERS WITH SPECIAL
CERTIFICATES.—From the total amount that is 30 per-
cent of the funds appropriated under subsection (a)
and not reserved under paragraph (1), the Secretary
shall allot to each covered State an amount that bears
the same relationship to such total amount as the
number of employers in the covered State who have in
effect a special certificate bears to the total number of
employers in all covered States who have in effect
such a certificate.
(B) 14 OR FEWER COVERED STATES.—In the case that, as
of the date determined appropriate by the Secretary under
subparagraph (A), there are fewer than 15 covered States,
the Secretary shall award grants to each covered State on
a competitive basis in an amount that the Secretary deter-
mines necessary to accomplish the purpose of the grant de-
scribed in subsection (a).
(C) COVERED STATE.—In this subsection, the term ‘‘cov-
ered State’’ means a State that—
(i) is not described in subsection (c)(3); and
(ii) submits an application under subsection (c) that
meets the applicable requirements under such sub-
section.
(3) DURATION OF AWARDS.—A grant under this section shall
be awarded for a period of 5 years.
(4) CUTOFF.—The Secretary may not issue a grant under this
subsection after September 30, 2025.
(c) APPLICATIONS.—
(1) IN GENERAL.—To be eligible to receive a grant under this
section, a State shall submit an application to the Secretary at
such time, in such manner, and including such information as
the Secretary may reasonably require.
(2) CONTENTS.—In the case of a State not described in para-
graph (3), an application submitted under paragraph (1) shall
include—
(A) a description of the status of the employers in the
State providing employment using special certificates,
which may include—
(i) the number of employers in the State using spe-
cial certificates to employ and pay people with disabil-
ities;
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(ii) the number of employees in the State employed
under a special certificate;
(iii) the average number of hours such employees
work per week; and
(iv) the average hourly wage for such employees;
(B) a description of activities to be funded under the
grant, and the goals of such activities, including the activi-
ties of the State with respect to competitive integrated em-
ployment for people with disabilities; and
(C) assurances that—
(i) the activities carried out under the grant will, by
not later than the end of the 5-year grant period, re-
sult in—
(I) each employer in the State voluntarily ceas-
ing to use special certificates by the end of the 5-
year grant period and no longer applying for or re-
newing such certificates; or
(II) in the case of an employer in the State that,
as of the date of enactment of this Act, provides
employment using special certificates, the em-
ployer—
(aa) transforms its business and program
models as described in subsection (d)(1)(A); or
(bb) ceases providing specialized employ-
ment services for people with disabilities; and
(ii) each individual in the State who is employed
under a special certificate on or after the date of en-
actment will be employed in competitive integrated
employment or a combination of competitive inte-
grated employment and integrated services, including
by compensating all employees of the employer for all
hours worked at a rate that is—
(I) not less than the higher of the rate specified
in section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) or the rate specified
in the applicable State or local minimum wage
law, or the applicable prevailing wage rate under
the McNamara-O’Hara Service Contract Act (41
U.S.C. 6701 et seq.); and
(II) not less than the rate paid by the employer
for the same or similar work performed by other
employees who are not people with disabilities,
and who are similarly situated in similar occupa-
tions by the same employer and who have similar
training, experience, and skills; and
(iii) the State will establish an advisory council de-
scribed in subsection (e) to monitor and guide the
process of transforming business and program models
of employers in the State as described in subsection
(d)(1)(A).
(3) APPLICATIONS FOR STATES RECEIVING AMOUNT FROM RES-
ERVATION.—In the case of a State that, as of the date of enact-
ment of this Act, is determined by the Secretary to have
phased out or to be in the process of phasing out the use of
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special certificates in the State, an application under this sub-
section from such State shall include only the information de-
scribed in paragraph (2)(B).
(d) USE OF FUNDS.—
(1) IN GENERAL.—In the case of a State not described in
paragraph (2), such State shall use the grant funds for each of
the following activities:
(A) Identifying each employer in the State that will
transform its business and program models from employ-
ing people with disabilities using special certificates to em-
ploying people with disabilities in competitive integrated
employment settings, or a setting involving a combination
of competitive integrated employment and integrated serv-
ices.
(B) Implementing a service delivery infrastructure to
support people with disabilities who have been employed
under special certificates through such a transformation,
including providing enhanced integrated services to sup-
port people with the most significant disabilities.
(C) Expanding competitive integrated employment and
integrated services to be provided to such people as a re-
sult of transformations described in subparagraph (A).
(2) STATES RECEIVING AMOUNT FROM RESERVATION.—A State
that, as of the date of enactment of this Act, is determined by
the Secretary to have phased out or to be in the process of
phasing out the use of special certificates in the State, shall
use the grant funds for expansion of competitive integrated
employment and integrated services to be provided to people
with disabilities.
(e) MEMBERS OF THE ADVISORY COUNCIL.—A State receiving a
grant under this section shall, for the purpose described in sub-
section (c)(2)(C)(iii), establish an advisory council composed of the
following:
(1) People with disabilities, including people with intellectual
or developmental disabilities and people with mental health
disabilities, who are or were employed under a special certifi-
cate, who shall comprise not less than 25 percent of the mem-
bers of such advisory council.
(2) Family members of a person with an intellectual, devel-
opmental, or mental health disability who is or was employed
under a special certificate or is employed in competitive inte-
grated employment.
(3) An employer providing competitive integrated employ-
ment.
(4) An employer providing employment under special certifi-
cates.
(5) Representatives of relevant State agencies with expertise
in competitive integrated employment, disability organizations
with such expertise, and disability related offices and groups
with such expertise.
SEC. 22202. DEFINITIONS.
In this part:
(1) COMPETITIVE INTEGRATED EMPLOYMENT.—The term ‘‘com-
petitive integrated employment’’ has the meaning given such
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term in section 7(5) of the Rehabilitation Act of 1973 (29
U.S.C. 705(5)).
(2) EMPLOYEE; EMPLOYER.—The terms ‘‘employee’’ and ‘‘em-
ployer’’ have the meanings given such terms in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(3) INTEGRATED COMMUNITY PARTICIPATION AND WRAPAROUND
SERVICES; INTEGRATED SERVICES.—The terms ‘‘integrated com-
munity participation and wraparound services’’ or ‘‘integrated
services’’ mean services for people with disabilities that are—
(A) designed to assist such people in developing skills
and abilities to reside successfully in home and commu-
nity-based settings;
(B) provided in accordance with a person-centered writ-
ten plan of care;
(C) created using evidence-based practices that lead to
such people—
(i) maintaining competitive integrated employment;
(ii) achieving independent living; or
(iii) maximizing socioeconomic self-sufficiency, opti-
mal independence, and full participation in the com-
munity;
(D) provided in a community location that is not specifi-
cally intended for people with disabilities;
(E) provided in a location that—
(i) allows the people receiving the services to inter-
act with people without disabilities to the fullest ex-
tent possible; and
(ii) makes it possible for the people receiving the
services to access community resources that are not
specifically intended for people with disabilities and to
have the same opportunity to participate in the com-
munity as people who do not have a disability; and
(F) provided in multiple locations to allow the individual
receiving the services to have options, thereby—
(i) optimizing individual initiative, autonomy, and
independence; and
(ii) facilitating choice regarding services and sup-
ports, and choice regarding the provider of such serv-
ices.
(4) PEOPLE WITH DISABILITIES.—The term ‘‘people with dis-
abilities’’ includes individuals described in section 14(c)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)).
(5) STATE.—The term ‘‘State’’ has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203)).
PART 4—RECRUITMENT, EDUCATION AND
TRAINING, RETENTION, AND CAREER AD-
VANCEMENTS FOR THE DIRECT CARE WORK-
FORCE
SEC. 22301. DEFINITIONS.
In this part:
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(1) CTE DEFINITIONS.—The terms ‘‘evidence-based’’ and
‘‘work-based learning’’ have the meanings given such terms in
section 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
(2) WIOA DEFINITIONS.—The terms ‘‘career pathway’’, ‘‘career
planning’’, ‘‘individual with a barrier to employment’’, ‘‘local
board’’, ‘‘older individual’’, ‘‘on-the-job training’’, ‘‘recognized
postsecondary credential’’, and ‘‘State board’’ have the mean-
ings given such terms in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
(3) OTHER DEFINITIONS.—
(A) CAREER AND TECHNICAL EDUCATION SCHOOL.—The
term ‘‘career and technical education school’’ has the
meaning given the term ‘‘eligible recipient’’ in section 3 of
the 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
(B) DIRECT CARE WORKER.—The term ‘‘direct care work-
er’’ means—
(i) a direct support professional;
(ii) any worker who provides direct care services in
home or community-based setting;
(iii) a respite care provider who provides short-term
support and care to an individual in order to provide
relief to a family caregiver;
(iv) a palliative care worker;
(v) a direct care worker, as defined in section 799B
of the Public Health Service Act (42 U.S.C. 795p); or
(vi) an individual in any other position or job related
to those described in clauses (i) through (vi), as deter-
mined by the Secretary in consultation with the Sec-
retary of Health and Human Services acting through
the Administrator for the Administration for Commu-
nity Living.
(C) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means
an entity that is—
(i) a State;
(ii) a labor organization, a joint labor-management
organization, or a Multi-Employer Training and Edu-
cation Fund;
(iii) a nonprofit organization with experience in
aging, disability, supporting the rights and interests of
direct care workers, or training or educating direct
care workers;
(iv) an Indian Tribe or Tribal organization (as de-
fined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
(v) an urban Indian organization (as defined in sec-
tion 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603));
(vi) a State board or local board;
(vii) an area agency on aging (as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C.
3002));
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(viii) when in partnership with an entity described
in any of clauses (i) through (vii)—
(I) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001) or section 102(a)(1)(B) of such
Act (20 U.S.C. 1002(a)(1)(B))); or
(II) a career and technical education school; or
(ix) a consortium of entities listed in any of clauses
(i) through (vii).
(D) FAMILY CAREGIVER.—The term ‘‘family caregiver’’
means a paid or unpaid adult family member or other indi-
vidual who has a significant relationship with, and who
provides a broad range of assistance to, an individual with
a chronic or other health condition, disability, or functional
limitation.
(E) HOME AND COMMUNITY-BASED SERVICES.—The term
‘‘home and community-based services’’ has the meaning
given such term in section 9817(a)(2) of the American Res-
cue Plan Act of 2021 (Public Law 117–2).
(F) PERSON WITH A DISABILITY.—The term ‘‘person with
a disability’’ means an individual with a disability as de-
fined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
(G) PRE-APPRENTICESHIP PROGRAM.—The term ‘‘pre-ap-
prenticeship program’’ means a program that articulates to
a registered apprenticeship program.
(H) REGISTERED APPRENTICESHIP PROGRAM.—The term
‘‘registered apprenticeship program’’ means an apprentice-
ship program registered under the Act of August 16, 1937
(commonly known as the ‘‘National Apprenticeship Act’’; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(I) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Labor.
(J) STATE.—The term ‘‘State’’ means each of the 50
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam,
the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORKFORCE.
(a) GRANTS AUTHORIZED.—In addition to amounts otherwise
available, there is appropriated to the Secretary for fiscal year
2022, out of any money in the Treasury not otherwise appropriated,
$1,480,000,000, to remain available until September 30, 2031, for
awarding, on a competitive basis, grants to eligible entities to carry
out the activities described in subsection (c) with respect to direct
care workers.
(b) APPLICATIONS; AWARD BASIS.—
(1) APPLICATIONS.—
(A) IN GENERAL.—An eligible entity seeking a grant
under subsection (a) shall submit to the Secretary an ap-
plication at such time, in such manner, and containing
such information as the Secretary, in coordination with the
Secretary of Health and Human Services acting through
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the Administrator of the Administration for Community
Living, may require.
(B) CONTENTS.—Each application under subparagraph
(A) shall include—
(i) a description of the type or types of direct care
workers the entity plans to serve through the activi-
ties supported by the grant;
(ii) a description of the one or more eligible
partnering entities collaborating to carry out the ac-
tivities described in subsection (c);
(iii) an assurance that—
(I) the eligible entity will establish a consult-
ative process, as described in subsection (c)(2); and
(II) the eligible entity will consult on the imple-
mentation of the grant, or coordinate the activities
of the grant, with the agencies in the State that
are responsible for developmental disability serv-
ices, aging, education, workforce development, and
Medicaid, to the extent that each such entity is
not the eligible entity; and
(iv) a plan for ensuring that the eligible entity will
remain neutral in any organizing effort involving di-
rect care workers served by the grant who seek to
form, join, or assist a labor organization.
(2) CONSIDERATION.—In awarding grants under subsection
(a), the Secretary, in coordination with the Secretary of Health
and Human services acting through the Administrator of the
Administration for Community Living, shall ensure equitable
geographic diversity in distribution of the grants, including by
selecting recipients in rural areas and selecting recipients in
urban areas.
(3) DURATION OF GRANTS.—A grant awarded under this sec-
tion shall be for a period of 3 years, and may be renewed. The
Secretary, in coordination with the Secretary of Health and
Human Services acting through the Administrator of the Ad-
ministration for Community Living, shall award grants (in-
cluding any renewals) under this section in 3-year cycles sub-
ject to the limits set forth in subsection (a).
(c) USE OF FUNDS.—
(1) IN GENERAL.—
(A) REQUIRED USE OF FUNDS.—Each eligible entity re-
ceiving a grant under subsection (a) shall use the grant
funds to provide competitive wages, benefits, and other
supportive services, including transportation, child care,
dependent care, workplace accommodations, and workplace
health and safety protections, to the direct care workers
served by the grant that are necessary to enable such
workers to participate in the activities supported by the
grant.
(B) ADDITIONAL ACTIVITIES.—In addition to the require-
ment described in subparagraph (A), each eligible entity
receiving a grant under subsection (a) shall use the grant
funds for one or more of the following activities:
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(i) Developing and implementing a strategy for the
recruitment of direct care workers.
(ii) Developing and implementing a strategy for the
retention of direct care workers using evidence-based
best practices, such as providing mentoring to such
workers.
(iii) Developing or implementing an education and
training program for the direct care workers served by
the grant, which shall include—
(I) education and training on—
(aa) the rights of direct care workers under
applicable Federal, State, or local employment
law on—
(AA) wages and hours, including under
the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.);
(BB) safe working conditions, including
under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et
seq.);
(CC) forming, joining, or assisting a
labor organization, including under the
National Labor Relations Act (29 U.S.C.
153 et seq.); and
(DD) other applicable terms and condi-
tions of employment; and
(bb) relevant Federal and State laws (in-
cluding regulations) on the provision of home
and community-based services; and
(II) providing a progressively increasing, clearly
defined schedule of hourly wages to be paid to
each direct care worker served by the grant for
each hour the worker spends on education or
training provided through the program described
in this clause, with a schedule of hourly wages
that—
(aa) is consistent with measurable skill
gains or attainment of a recognized postsec-
ondary credential received as a result of par-
ticipation in or completion of such education
or training program; and
(bb) ensures that each such worker is com-
pensated for each hour the worker spends on
education or training through such program
at an entry rate that is not less than the
greater of the applicable minimum wage re-
quired by other applicable Federal, State, or
local law, or a collective bargaining agree-
ment;
(III) developing and implementing a strategy for
the retention and career advancement of the di-
rect care workers served by the grant, including
providing career planning for the direct care work-
ers served by the grant to support the identifica-
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tion of advancement opportunities, and career
pathways in the direct care or home care sectors;
and
(IV) using evidence-based models and standards
for achievement for the attainment of any associ-
ated recognized postsecondary credentials, which
include—
(aa) supporting opportunities to participate
in pre-apprenticeship or registered appren-
ticeship programs, work-based learning, or on-
the-job training;
(bb) providing on-the-job supervision or
mentoring to support the development of re-
lated skills and competencies throughout com-
pletion of such credentials; and
(cc) training on the in-demand skills and
competencies of direct care workers served by
the grant, including the provision of culturally
competent and disability competent supports
and services.
(2) CONSULTATION.—Each eligible entity receiving a grant
under this section shall consult in the development and imple-
mentation of the grant with—
(A) individuals with disabilities;
(B) older individuals;
(C) direct care workers;
(D) family caregivers, guardians, or family members; or
(E) representatives of—
(i) organizations representing the rights and inter-
ests of people receiving home and community-based
services;
(ii) provider agencies or employers of direct care
workers served by the grant;
(iii) labor or joint labor-management organizations,
or advocacy organizations, representing direct care
workers served by the grant; or
(iv) institutions of higher education or career and
technical education schools providing education and
training on direct care.
(d) SUPPLEMENT AND NOT SUPPLANT.—An eligible entity receiv-
ing a grant under this section shall use such grant only to supple-
ment, and not supplant, the amount of funds that, in the absence
of such grant, would be available to the eligible entity to address
the recruitment, education and training, retention, or career ad-
vancement of direct care workers in the State served by the grant.
PART 5—WORKFORCE DEVELOPMENT PRO-
GRAMS IN SUPPORT OF COMMUNITIES AND
THE ENVIRONMENT
SEC. 22401. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.
(a) IN GENERAL.—
(1) AMERICORPS STATE AND NATIONAL PROGRAMS.—
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(A) IN GENERAL.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2023,
out of any money in the Treasury not otherwise appro-
priated, to the Corporation for National and Community
Service, $1,305,000,000, to remain available until Sep-
tember 30, 2027, for carrying out national service pro-
grams authorized under section 122(a)(3)(B) of the Na-
tional and Community Service Act of 1990 (42 U.S.C.
12572(a)(3)(B)) which shall be used to make funding ad-
justments to existing (as of the date of enactment of this
Act) awards and make new awards to entities to support
national service programs authorized under the
AmeriCorps State and National program (whether or not
the entities are already grant recipients under such provi-
sions on the date of enactment of this Act) and to increase
the living allowances of participants in national service
programs.
(B) WAIVER OF MATCHING REQUIREMENT.—For the pur-
poses of carrying out this subparagraph, the Corporation
shall waive any match requirement in whole or in part
where a grantee demonstrates such waiver would increase
access and remove barriers for organizations that serve
communities that are adversely affected by persistent pov-
erty, discrimination, or inequality.
(2) NATIONAL CIVILIAN COMMUNITY CORPS.—In addition to
amounts otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not other-
wise appropriated, to the Corporation for National and Com-
munity Service, $80,000,000, to remain available until Sep-
tember 30, 2027, for carrying out the National Civilian Com-
munity Corps authorized under section 152 of the National and
Community Service Act of 1990 (42 U.S.C. 12612).
(3) VOLUNTEERS IN SERVICE TO AMERICA PROGRAM.—In addi-
tion to amounts otherwise made available, there is appro-
priated for fiscal year 2023, out of any money in the Treasury
not otherwise appropriated, to the Corporation for National
and Community Service, $100,000,000, to remain available
until September 30, 2027, for carrying out the Volunteers in
Service to America (VISTA) program for the purposes described
in section 101 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4951), including to increase the living allowances of
volunteers, described in section 105(b) of such Act (42 U.S.C.
4955).
(4) STATE COMMISSIONS.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2023, out
of any money in the Treasury not otherwise appropriated, to
the Corporation for National and Community Service,
$40,000,000, to remain available until September 30, 2027, to
make adjustments to existing (as of the date of enactment of
this Act) awards and new and additional awards, including
awards to State Commissions on National and Community
Service, under section 126(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12576(a)).
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(5) USE OF FUNDS.—Amounts made available under para-
graphs (1) through (4) shall be used by the Corporation for Na-
tional and Community Service to carry out activities described
in section 122(a)(3)(B) of the National and Community Service
Act of 1990 (42 U.S.C. 12572(a)(3)(B)) and for activities related
to environmental resiliency, remediation, or mitigation by—
(A) ensuring at least 50 percent of such funds are
awarded to entities that serve, and have representation
from, low-income communities, Tribal, Alaska Native, or
Native Hawaiian communities, or communities experi-
encing (or at risk of experiencing) adverse health and envi-
ronmental conditions;
(B) taking into account the diversity of communities
served by such entities and the diversity of AmeriCorps
members serving in these projects, including racial, ethnic,
socioeconomic, linguistic, or geographic diversity, and uti-
lizing culturally competent and multilingual strategies in
the provision of services to communities and in the recruit-
ment of members;
(C) supporting projects that are planned and imple-
mented with the community served by such activities;
(D) providing participants with workforce development
opportunities such as pre-apprenticeship programs that ar-
ticulate to registered apprenticeships, and pathways to
post-service employment in high-quality jobs or registered
apprenticeships; and
(E) coordinating with and providing resources to the De-
partments of Labor and Education to improve the readi-
ness of participants to transition to high-quality jobs or
further education.
(b) ADMINISTRATIVE COSTS.—
(1) IN GENERAL.—In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, to the Cor-
poration for National and Community Service, $199,650,000, to
remain available until September 30, 2027, which shall be
used for administrative expenses as provided under section
501(a)(5) of the National and Community Service Act of 1990
(42 U.S.C. 12681(a)(5)) and under section 504(a) of the Domes-
tic Volunteer Service Act of 1973 (42 U.S.C. 5084(a)), including
an evaluation of the Corporation’s information technology secu-
rity, corrective actions to address recommendations arising
from audits of the agency and the National Service Trust, and,
in consultation with the Inspector General, the development of
grant fraud prevention and detection controls and risk-based
anti-fraud grant monitoring. Not less than 5 percent of funds
under this paragraph shall be reserved for outreach to and re-
cruitment of members from communities traditionally under-
represented in the programs and activities funded under this
section.
(2) PROJECT, OPERATIONS, AND MANAGEMENT PLAN.—In addi-
tion to amounts otherwise made available, there is appro-
priated for fiscal year 2022, out of any money in the Treasury
not otherwise appropriated, to the Corporation for National
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and Community Service, $350,000, to remain available until
September 30, 2023, which shall be used by the Chief Execu-
tive Officer of the Corporation for National and Community
Service in collaboration with the Department of Labor, to de-
velop, issue, and implement a project, operations, and manage-
ment plan for funds appropriated under this section. In devel-
oping the financial management portion of the plan, the Chief
Executive Officer shall consult with the Inspector General.
Such plan shall be provided to the Committee on Education
and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate prior
to obligating funds or making outlays for funds appropriated
under subsection (a).
(c) OFFICE OF INSPECTOR GENERAL.—In addition to amounts oth-
erwise made available, there is appropriated for fiscal year 2022,
out of any money in the Treasury not otherwise appropriated, to
the Office of Inspector General of the Corporation for National and
Community Service, $15,000,000 to remain available until Sep-
tember 30, 2030, which shall be used by the Office of Inspector
General of the Corporation for National and Community Service for
salaries and expenses necessary for oversight and audit of pro-
grams, activities and operations funded under this section.
(d) NATIONAL SERVICE TRUST.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2023, out of
any money in the Treasury not otherwise appropriated, to the Na-
tional Service Trust, $260,000,000, to remain available until ex-
pended, for—
(1) administration of the National Service Trust; and
(2) payment to the Trust for the provision of educational
awards pursuant to section 145(a)(1)(A) and section 148 of the
National and Community Service Act of 1990 (42 U.S.C.
12601(a)(1)(A); 12604).
SEC. 22402. DEPARTMENT OF LABOR.
(a) IN GENERAL.—
(1) YOUTHBUILD PROGRAM.—In addition to amounts other-
wise made available, there is appropriated for fiscal year 2023,
out of any money in the Treasury not otherwise appropriated,
to the Department of Labor, $250,000,000, to remain available
until September 30, 2027, except that no amounts may be ex-
pended after September 30, 2031, for the YouthBuild program
authorized under section 171(c)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3226(c)(1)), including for the
purposes of improving and expanding access to services, sti-
pends, wages, and benefits described in subsections
(c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act.
(2) JOB CORPS PROGRAM.—In addition to amounts otherwise
made available, there is appropriated for fiscal year 2023, out
of any money in the Treasury not otherwise appropriated, to
the Department of Labor, $500,000,000, to remain available
until September 30, 2030, except that no amounts may be ex-
pended after September 30, 2031, for the Job Corps program
authorized under section 143 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3193 et seq.), including Civilian
Conservation Centers as described in section 147(d)(1) of such
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Act (29 U.S.C. 3197) and for the purposes of improving and ex-
panding access to allowances and supports described in section
150 of such Act (29 U.S.C. 3200).
(3) EX-OFFENDER ACTIVITIES.—In addition to amounts other-
wise made available, there is appropriated for fiscal year 2023,
out of any money in the Treasury not otherwise appropriated,
to the Department of Labor, $500,000,000, to remain available
until September 30, 2027, except that no amounts may be ex-
pended after September 30, 2031, for ex-offender activities
under the authority of section 169(b)(5) of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3224(b)(5)).
(4) APPRENTICESHIP PROGRAMS.—In addition to amounts oth-
erwise made available, there is appropriated for fiscal year
2023, out of any money in the Treasury not otherwise appro-
priated, to the Department of Labor, $1,000,000,000, to remain
available until September 30, 2027, except that no amounts
may be expended after September 30, 2031, to carry out activi-
ties through grants, cooperative agreements, contracts or other
arrangements, with States and other appropriate entities, in-
cluding equity intermediaries and business and labor industry
partner intermediaries, to create or expand only apprenticeship
programs registered under the Act of August 16, 1937 (com-
monly known as the ‘‘National Apprenticeship Act’’; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.), youth apprenticeship
programs, and pre-apprenticeship programs articulating to ap-
prenticeship programs registered under such Act.
(5) PAID YOUTH EMPLOYMENT ACTIVITIES.—In addition to
amounts otherwise made available, there is appropriated for
fiscal year 2023, out of any money in the Treasury not other-
wise appropriated, to the Department of Labor, $249,800,000,
to remain available until September 30, 2030, except that no
amounts may be expended after September 30, 2031, for paid
youth employment activities under the authority of section
169(b)(5) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3224(b)(5)) for in-school and out-of-school youth as de-
fined in section 3 of such Act (29 U.S.C. 3102).
(b) USE OF FUNDS.—Amounts made available under paragraphs
(1) through (8) of subsection (a) shall be used for activities to in-
clude training for careers in industry sectors and occupations re-
lated to environmental resiliency, remediation, or mitigation and
activities to increase diversity within such industry sectors and oc-
cupations, taking into account the diversity of communities and
participants served by such programs, including racial, ethnic, so-
cioeconomic, linguistic, or geographic diversity.
(c) PROJECT, OPERATIONS, AND MANAGEMENT PLAN.—In addition
to amounts otherwise made available, there is appropriated for fis-
cal year 2022, out of any money in the Treasury not otherwise ap-
propriated, to the Department of Labor, $200,000, to remain avail-
able until September 30, 2023, which shall be used by the Sec-
retary of Labor in collaboration with the Chief Executive Officer of
the Corporation for National and Community Service, to develop
and issue a project, operations, and management plan for funds ap-
propriated under this section. Such plan shall be provided to the
Committee on Education and Labor of the House of Representa-
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tives and the Committee on Health, Education, Labor, and Pen-
sions of the Senate prior to obligating funds or making outlays for
funds appropriated under subsection (a).
PART 6—DEPARTMENT OF LABOR INSPECTOR
GENERAL FUNDING
SEC. 22501. DEPARTMENT OF LABOR INSPECTOR GENERAL FUNDING.
In addition to amounts otherwise available, there is appropriated
to the Office of Inspector General of the Department of Labor for
fiscal year 2022, out of any money in the Treasury not otherwise
appropriated, $100,000,000, to remain available until expended for
salaries and expenses necessary for oversight, investigations, and
audits of programs, grants, and projects of the Department of
Labor funded under this subtitle and subtitle B of this title.
Subtitle D—Child Care and Universal Pre-
Kindergarten
SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING
ENTITLEMENT.
(a) SHORT TITLE.—This section may be cited as the ‘‘Birth
Through Five Child Care and Early Learning Entitlement Act’’.
(b) DEFINITIONS.—
(1) IN GENERAL.—The definitions in section 658P of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858n) shall apply to this section, except as provided in sub-
paragraph (2) and as otherwise specified.
(2) ADDITIONAL TERMS.—In this section:
(A) CHILD CARE CERTIFICATE.—
(i) IN GENERAL.—The term ‘‘child care certificate’’
means a certificate (that may be a check or other dis-
bursement) that is issued by a State or local govern-
ment under this section directly to a parent who may
use such certificate only as payment for child care
services or as a deposit for child care services if such
a deposit is required of other children being cared for
by the provider.
(ii) RULE.—Nothing in this section shall preclude the
use of such certificates for sectarian child care services
if freely chosen by the parent. For the purposes of this
section, child care certificates shall be considered Fed-
eral financial assistance to the provider.
(B) CHILD EXPERIENCING HOMELESSNESS.—The term
‘‘child experiencing homelessness’’ means an individual
who is a homeless child or youth under section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).
(C) ELIGIBLE ACTIVITY.—The term ‘‘eligible activity’’,
with respect to a parent, shall include, at minimum, activi-
ties consisting of—
(i) full-time or part-time employment;
(ii) self-employment;
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(iii) job search activities;
(iv) job training;
(v) secondary, postsecondary, or adult education, in-
cluding education through a program of high school
classes, a course of study at an institution of higher
education, classes towards an equivalent of a high
school diploma recognized by State law, or English as
a second language classes;
(vi) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent from participating in other eligible activi-
ties;
(vii) activities to prevent child abuse and neglect, or
family violence prevention or intervention activities;
(viii) employment and training activities under the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(ix) employment and training activities under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101)
(x) work activities under the program of block
grants to States for temporary assistance for needy
families under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.); and
(xi) taking leave under the Family and Medical
Leave Act of 1993 (29 U.S.C. 2601 et seq.) (or equiva-
lent provisions for Federal employees), a State or local
paid or unpaid leave law, or a program of employer-
provided leave.
(D) ELIGIBLE CHILD.—The term ‘‘eligible child’’ means an
individual (without regard to the immigration status of the
individual or of any parent of the individual)—
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten;
(iii) whose family income—
(I) does not exceed 100 percent of the State me-
dian income for a family of the same size for fiscal
year 2022;
(II) does not exceed 115 percent of such State
median income for fiscal year 2023;
(III) does not exceed 130 percent of such State
median income for fiscal year 2024; and
(IV) for each of the fiscal years 2025 through
2027, is of any level;
(iv) whose family assets do not exceed $1,000,000 (as
certified by a member of such family); and
(v) who—
(I) resides with a parent participating in an eli-
gible activity;
(II) is included in a population of vulnerable
children identified by the lead agency involved,
which at a minimum shall include children experi-
encing homelessness, children in foster care, chil-
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dren in kinship care, and children who are receiv-
ing, or need to receive, child protective services; or
(III) resides with a parent who is more than 65
years of age.
(E) ELIGIBLE CHILD CARE PROVIDER.—
(i) IN GENERAL.—The term ‘‘eligible child care pro-
vider’’ means a center-based child care provider, a
family child care provider, or other provider of child
care services for compensation that—
(I) is licensed to provide child care services
under State law;
(II) participates in the State’s tiered system for
measuring the quality of child care providers de-
scribed in subsection(f)(4)(B)—
(aa) not later than the last day of the third
fiscal year for which the State receives funds
under this section; and
(bb) for the remainder of the period for
which the provider receives funds under this
section; and
(III) satisfies the State and local requirements
applicable to eligible child care providers under
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.), including those
requirements described in section 658E(c)(2)(I) of
such Act (42 U.S.C. 9858c(c)(2)(I)).
(ii) SPECIAL RULE.—A child care provider who has
been eligible to provide child care services in a State
for children receiving assistance under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9857 et seq.) on the date the State submits an applica-
tion for funds under this section and remains in good
standing with the State, shall be deemed to be an eli-
gible child care provider under this section for 3 years
after the State receives funding under this section.
(F) FMAP.—The term ‘‘FMAP’’ has the meaning given
the term ‘‘Federal medical assistance percentage’’ in the
first sentence of section 1905(b) of the Social Security Act
(42 U.S.C. 1396d(b)).
(G) FAMILY CHILD CARE PROVIDER.—Family child care
provider means one or more individuals who provide child
care services less than 24 hours per day per child, in a pri-
vate residence other than the residences of the children,
unless care for 24 hours is provided due to the nature of
the parent(s)’ work.
(H) INCLUSIVE CARE.—The term ‘‘inclusive’’, with respect
to care (including child care), means care provided by an
eligible child care provider—
(i) for whom the percentage of children served by
the provider who are children with disabilities or in-
fants or toddlers with disabilities reflects the preva-
lence of children with disabilities and infants and tod-
dlers with disabilities (whichever the provider serves)
among children within the State involved; and
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(ii) that provides care and full participation for chil-
dren with disabilities and infants and toddlers with
disabilities (whichever the provider serves) alongside
children who are—
(I) not children with disabilities; and
(II) not infants and toddlers with disabilities.
(I) INFANT OR TODDLER.—The term ‘‘infant or toddler’’
means an individual who is less than 3 years of age.
(J) INFANT OR TODDLER WITH A DISABILITY.—The term
‘‘infant or toddler with a disability’’ has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(K) LEAD AGENCY.—The term ‘‘lead agency’’ means the
agency designated or established under subsection (e).
(L) STATE.—The term ‘‘State’’ means any of the 50
States and the District of Columbia.
(M) TERRITORY.—The term ‘‘territory’’ means the Com-
monwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(N) TRIBAL ORGANIZATION.—The term ‘‘Tribal organiza-
tion’’ has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(O) URBAN INDIAN ORGANIZATION.—The term ‘‘Urban In-
dian organization’’ has the meaning given the term in sec-
tion 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603).
(c) APPROPRIATIONS.—
(1) IN GENERAL.—In addition to amounts otherwise available,
there is appropriated to the Department of Health and Human
Services, out of any money in the Treasury not otherwise ap-
propriated, for carrying out this section—
(A) $20,000,000,000 for fiscal year 2022, to remain avail-
able until September 30, 2025,
(B) $30,000,000,000 for fiscal year 2023, to remain avail-
able until September 30, 2026
(C) $40,000,000,000 for fiscal year 2024, to remain avail-
able until September 30, 2027;
(D) such sums as may be necessary for each of fiscal
years 2025 through 2027, to remain available for one fiscal
year.
(2) ADMINISTRATION.—
(A) FISCAL YEARS 2022 THROUGH 2024.—In addition to
amounts otherwise available, there is appropriated to the
Department of Health and Human Services, out of any
money in the Treasury not otherwise appropriated,
$130,000,000 for each of fiscal years 2022, 2023, and 2024,
to carry out subsection (k). Amounts appropriated by the
preceding sentence shall be available for one fiscal year.
(B) FISCAL YEARS 2025 THROUGH 2027.—From the
amounts appropriated under subsection (a), the Secretary
shall reserve, to carry out subsection (k), up to 1 percent
of such amounts for each of fiscal years 2025, 2026, and
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2027, which shall be in addition to amounts otherwise
available for this purpose. Amounts appropriated by the
preceding sentence shall be available for one fiscal year.
(d) ESTABLISHMENT OF BIRTH THROUGH FIVE CHILD CARE AND
EARLY LEARNING ENTITLEMENT PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized to administer
a child care and early learning entitlement program under
which families, in States, territories, and Indian Tribes with
an approved application under subsection (f) or (g), shall be
provided an opportunity to obtain high-quality child care serv-
ices for eligible children, subject to the requirements of this
section.
(2) ASSISTANCE FOR EVERY ELIGIBLE CHILD.—Beginning on
October 1, 2024, every family who applies for assistance under
this section with respect to a child in a State with an approved
application under subsection (g), or in a territory or Indian
tribe with an approved application under subsection (f), and
who is determined, by a lead agency (or other entity designated
by a lead agency) following standards and procedures estab-
lished by the Secretary by rule, to be an eligible child, shall be
offered child care assistance in accordance with and subject to
the requirements and limitations of this section.
(e) LEAD AGENCY.—The Governor of a State or the head of a ter-
ritory or Indian tribe, desiring to receive assistance under this sec-
tion shall designate an agency (which may be an appropriate col-
laborative agency), or establish a joint interagency office—
(1) to serve as the lead agency for the State, territory, or In-
dian tribe under this section; and
(2) to administer, directly or through other governmental or
nongovernmental agencies of the State, territory or Indian
tribe the financial assistance received under this section by the
State, territory, or Indian tribe, including by certifying the eli-
gibility of children.
(f) APPLICATIONS AND STATE PLANS.—
(1) APPLICATION.—To be eligible to receive assistance under
this section, a State shall prepare and submit to the Secretary
for approval an application at such time, in such manner, and
containing a State plan that—
(A) for a transitional State plan, meets the requirements
under subsection (c) and contains such information as the
Secretary may require, to demonstrate the State will meet
the requirements of this section; and
(B) for a full State plan, meets the requirements under
subsection (d) and contains that information.
(2) PERIOD COVERED BY PLAN.—A State plan contained in the
application shall be designed to be implemented—
(A) for a transitional State plan, during a 1-year period;
and
(B) for a full State plan, during a 3-year period.
(3) REQUIREMENTS FOR TRANSITIONAL STATE PLANS.—For a
period of 1 year following the date of enactment of this Act, the
Secretary shall award funds under this section to States with
an approved application that contains a transitional State
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plan, submitted under paragraph (1)(A) that includes, at a
minimum—
(A) an assurance that the State will submit a State plan
under paragraph (4); and
(B) a description of how the funds received by the State
under this section will be spent to expand access to child
care assistance and increase the supply and quality of
child care providers within the State, in alignment with
the requirements of this section.
(4) REQUIREMENTS FOR FULL STATE PLANS.—The Secretary
may award funds under this section to States with an ap-
proved application that contains a subsequent State plan, sub-
mitted under subsection (a)(2), that includes, at a minimum,
the following:
(A) PAYMENT RATES AND COST ESTIMATION.—
(i) PAYMENT RATES.—The State plan shall certify
that payment rates for the provision of child care serv-
ices for which assistance is provided in accordance
with this section for the period covered by the plan,
within 3 years after the State receives funds under
this section—
(I) will be sufficient to meet the cost of child
care, and set in accordance with a cost estimation
model or cost study described in clause (ii) that is
approved by the Secretary; and
(II) will correspond to differences in quality (in-
cluding improved quality) based on the State’s
tiered system for measuring the quality of eligible
child care providers described in subparagraph
(B).
(ii) COST ESTIMATION.—Such State plan shall—
(I) demonstrate that the State has, after con-
sulting with relevant entities and stakeholders,
developed and uses a statistically valid and reli-
able cost estimation model or cost study for the
payment rates of child care services in the State
that reflect rates for providers at each of the tiers
of the State’s tiered system for measuring the
quality of child care providers described in sub-
paragraph (B), and variations in the cost of child
care services by geographic area, type of provider,
and age of child, and the additional costs associ-
ated with providing inclusive child care services;
and
(II) certify that the State’s payment rates for
child care services for which assistance is provided
in accordance with this section—
(aa) are set in accordance with the most re-
cent estimates from the most recent cost esti-
mation model or cost study under subclause
(I), so that providers at each tier of the tiered
system for measuring provider quality de-
scribed in subparagraph (B) receive a pay-
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ment that is sufficient to meet the require-
ments of such tier;
(bb) are set so as to provide payments to
providers not at the top tier of the tiered sys-
tem that are sufficient to enable the providers
to increase quality to meet the requirements
for the next tier;
(cc) ensure adequate wages for staff of child
care providers providing such child care serv-
ices that—
(AA) at a minimum, provide a living
wage for all staff of such child care pro-
viders; and
(BB) are equivalent to wages for ele-
mentary educators with similar creden-
tials and experience in the State; and
(dd) are adjusted on an annual basis for
cost of living increases to ensure those pay-
ment rates remain sufficient to meet the re-
quirements of this section.
(iii) PAYMENT PRACTICES.—Such State plan shall in-
clude an assurance that the State will implement pay-
ment practices that support the fixed costs of pro-
viding child care services.
(B) TIERED SYSTEM FOR MEASURING THE QUALITY OF
CHILD CARE PROVIDERS.—Such State plan shall certify that
the State has implemented, or assure that the State will
implement within 3 years after receiving funds under this
section, a tiered system for measuring the quality of eligi-
ble child care providers who provide child care services for
which assistance is made available under this section.
Such tiered system shall—
(i) include a set of standards, for determining the
tier of quality of a child care provider, that—
(I) uses standards for a highest tier that at a
minimum are equivalent to Head Start program
performance standards described in section
641A(a)(1)(B) of the Head Start Act (42 U.S.C.
9836a(a)(1)(B)) or other equivalent evidence-based
standards approved by the Secretary; and
(II) includes quality indicators and thresholds
that are appropriate for child development in dif-
ferent types of child care provider settings, includ-
ing child care centers and the settings of family
child care providers, and are appropriate for pro-
viders serving different age groups (including
mixed age groups) of children;
(ii) include a different set of standards that includes
indicators, when appropriate, for care during nontradi-
tional hours of operation; and
(iii) provide for sufficient resources and supports for
child care providers at tiers lower than the highest
tier to facilitate progression toward higher quality
standards.
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(C) ACHIEVING HIGH QUALITY FOR ALL CHILDREN.—Such
State plan shall certify the State has implemented, or will
implement within 3 years of receiving funds under this
section, policies and financing practices that will ensure all
families of eligible children can choose for the children to
attend child care at the highest quality tier within 6 years
after the date of enactment of this Act.
(D) COMPENSATION.—Such plan shall provide a certifi-
cation that the State has or will have within 3 years after
receiving funds under this section, a wage ladder for staff
of eligible child care providers receiving assistance under
this section, including a certification that wages for such
staff, at a minimum, will meet the requirements of sub-
paragraph (A)(ii)(II)(cc).
(E) SLIDING FEE SCALE FOR COPAYMENTS.—
(i) IN GENERAL.—Except as provided in clauses (ii)(I)
and (iii), the State plan shall provide an assurance
that the State will for the period covered by the plan
use a sliding fee scale described in clause (ii) to deter-
mine a copayment for a family receiving assistance
under this section (or, for a family receiving part-time
care, a reduced copayment that is the proportionate
amount of the full copayment).
(ii) SLIDING FEE SCALE.—A full copayment described
in clause (i) shall use a sliding fee scale that provides
that, for a family with a family income—
(I) of not more than 75 percent of State median
income for a family of the same size, the family
shall not pay a copayment, toward the cost of the
child care involved for all eligible children in the
family;
(II) of more than 75 percent but not more than
100 percent of State median income for a family
of the same size, the copayment shall be more
than 0 but not more than 2 percent of that family
income, toward such cost for all such children;
(III) of more than 100 percent but not more
than 125 percent of State median income for a
family of the same size, the copayment shall be
more than 2 but not more than 4 percent of that
family income, toward such cost for all such chil-
dren;
(IV) of more than 125 percent but not more than
150 percent of State median income for a family
of the same size, the copayment shall be more
than 4 but not more than 7 percent of that family
income, toward such cost for all such children; and
(V) of more than 150 percent of the State me-
dian income for a family of the same size, the co-
payment shall be 7 percent of that family income,
toward such cost for all such children.
(iii) SPECIAL RULES.—The State shall not require a
copayment under this subparagraph for any eligible
child of a family with a child that is eligible for a
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Head Start program under the Head Start Act (42
U.S.C. 9831 et seq.), or a child who has been identified
as a member of a population listed in subsection
(b)(2)(D)(v)((II). A State or another entity may pay a
copayment (full or reduced) under this subparagraph
on behalf of a family, but may not receive Federal re-
imbursement under this section for such payment.
(F) PROHIBITION ON CHARGING MORE THAN COPAYMENT.—
The State plan shall certify that the State shall not permit
a child care provider receiving financial assistance under
this section to charge, for child care for an eligible child,
more than the total of—
(i) the financial assistance provided for the child
under this section; and
(ii) any applicable copayment pursuant to subpara-
graph (E).
(G) ELIGIBILITY.—The State plan shall assure that each
child who receives assistance under this section will be
considered to meet all eligibility requirements for such as-
sistance, and will receive such assistance, for not less than
24 months, and the child’s eligibility determination and re-
determination, including any determination based on the
State’s definition of eligible activities, shall be imple-
mented in such a manner that supports child well-being
and reduces barriers to enrollment, including continuity of
services.
(H) POLICIES TO SUPPORT ACCESS TO CHILD CARE FOR UN-
DERSERVED POPULATIONS.—The State plan shall assure
that the State will prioritize increasing access to, and the
quality and the supply of, child care in the State for under-
served populations, including at a minimum, low-income
children, children in underserved areas, infants and tod-
dlers, children with disabilities and infants and toddlers
with disabilities, children who are dual language learners,
and children who receive care during nontraditional hours.
(I) POLICIES.—The State plan shall include a certifi-
cation that the State will apply, under this section, the
policies and procedures described in subparagraphs (A),
(B), (I), (J), (K)(i), (R), and (U) of section 658E(c)(2) of the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c(c)(2)), and the policies and procedures de-
scribed in section 658H of such Act, to child care services
provided under this section.
(J) LICENSING.—The State plan shall include an assur-
ance that the State has or will develop within 3 years after
receiving funds under this section, licensing standards for
child care providers and a pathway to such licensure that
is available to and appropriate for child care providers in
a variety of settings, to ensure providers eligible under the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9857 et seq.), have a pathway to become eligible
providers under this section.
(K) REPORTS.—The State plan shall include an agree-
ment to provide to the Secretary such periodic reports, pro-
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viding a detailed accounting of the uses of such funds re-
ceived under this section, as the Secretary may require for
the administration of this section.
(g) PAYMENTS.—
(1) TRANSITION PAYMENTS FOR FISCAL YEARS 2022 THROUGH
2024.—
(A) RESERVATIONS AND ALLOTMENTS.—
(i) IN GENERAL.—For each of fiscal years 2022
through 2024, the Secretary shall, from the amount
appropriated under subsection (c)(1)(A) for each such
fiscal year—
(I) reserve not less than 4 percent for Indian
Tribes, Tribal organizations, and Urban Indian or-
ganizations for child care assistance;
(II) reserve not less than 0.5 of 1 percent for
Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United
States Virgin Islands for child care assistance;
and
(III) from the amount so appropriated and not
reserved under subclauses (I) and (II), make allot-
ments to each State in the same manner as the
Secretary makes such allotments using the for-
mula under section 658O(b) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858n(b)).
(IV) $9,600,000,000 for each of the fiscal years
2022 through 2027 to carry out the program of
grants to localities in subsection (i).
(ii) DEFINITION.—For purposes of this paragraph,
the term ‘‘State’’ means the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(B) PAYMENTS.—
(i) INDIAN TRIBES, TRIBAL ORGANIZATIONS, AND
URBAN INDIAN ORGANIZATIONS.—
(I) IN GENERAL.—For each of fiscal years 2022
through 2024, from the amount reserved for In-
dian Tribes, Tribal organizations, and Urban In-
dian organizations under subparagraph (A)(i)(I),
the Secretary shall make payments to Indian
Tribes, Tribal organizations, and Urban Indian or-
ganizations, and the Tribes, Tribal organizations,
and Indian organizations shall be entitled to such
payments, for carrying out programs or activities
consistent with the objectives of this section.
(II) APPLICATIONS.—An Indian Tribe, Tribal or-
ganization, or Urban Indian organization seeking
a payment under clause (ii)(II) shall submit an ap-
plication to the Secretary at such time, in such
manner, and containing such information as the
Secretary may specify, including the agreement
described in subsection (f)(4)(K).
(ii) TERRITORIES.—
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(I) IN GENERAL.—For each of fiscal years 2022
through 2024, from the amount reserved for terri-
tories under subsection (A)(i)(II), the Secretary
shall make payments to the territories specified in
that paragraph, and the territories shall be enti-
tled to such payments, for carrying out programs
or activities consistent with the objectives of this
section.
(II) APPLICATIONS.—A territory specified in
clause (i)(II) seeking a payment under this clause
shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may specify, includ-
ing the agreement described in subsection
(f)(4)(K).
(iii) STATES.—For each of fiscal years 2022 through
2024, each State that has an application approved
under subsection (f) shall be entitled to a payment
under this clause in the amount equal to its allotment
under subparagraph (A) for such fiscal year.
(C) AUTHORITIES.—Notwithstanding any other provision
of this paragraph, for each of fiscal years 2022 through
2024, the Secretary shall have the authority to reallot
funds that were allotted under subparagraph (A) from any
State without an approved application under subsection (f)
by the date required by the Secretary, to States with ap-
proved applications under that subsection, to Tribes with
an approved application under subparagraph (A)(ii), and to
territories with an approved application under .
(2) PAYMENTS FOR FISCAL YEARS 2025 THROUGH 2027.—
(A) IN GENERAL.—For each of fiscal years 2025 through
2027:
(i) CHILD CARE ASSISTANCE FOR ELIGIBLE CHIL-
DREN.—
(I) IN GENERAL.—The Secretary shall pay to
each State with an approved application under
subsection (f), and that State shall be entitled to,
an amount for each quarter equal to 90 percent of
expenditures in the quarter for child care assist-
ance for eligible children described under sub-
section (h)(2)(B). The Secretary shall pay to each
State with an approved application under sub-
section (f), and that State shall be entitled to, an
amount for each quarter equal to 90 percent of ex-
penditures in the quarter for the components of
the child care entitlement program described
under subsection (h)(2)(B).
(II) EXCEPTION.—Funds reserved from the
amount under subsection (h)(2)(C) shall be subject
to clause (ii).
(ii) ACTIVITIES TO IMPROVE THE QUALITY AND SUPPLY
OF CHILD CARE SERVICES.—The Secretary shall pay to
each State with such an approved application, and
that State shall be entitled to, an amount for each
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quarter equal to the FMAP of expenditures in the
quarter to carry out the quality and supply building
activities under subsection (h)(2)(C) subject to the
limit specified in clause (i) of such subsection.
(iii) ADMINISTRATION.—The Secretary shall pay to
each State with such an approved application, and
that State shall be entitled to, an amount for each
quarter equal to 50 percent of expenditures in the
quarter for the costs of administration incurred by the
State—
(I) which shall include reasonable costs incurred
by the State in carrying out the child care pro-
gram established in this section; and
(II) which may include, at the option of the
State, costs associated with carrying out require-
ments, policies, and procedures described in sec-
tion 658H of the Child Care and Development
Block Grant Act (42 U.S.C. 9858f).
(B) ADVANCE PAYMENT; RETROSPECTIVE ADJUSTMENT.—
For each of fiscal years 2025 through 2027, the Secretary
may make payments under this subsection for each quar-
ter on the basis of advance estimates of expenditures sub-
mitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase
the payments as necessary to adjust for any overpayment
or underpayment for previous quarters.
(C) FLEXIBILITY IN SUBMITTAL OF CLAIMS.—Nothing in
this subsection shall be construed as preventing a State
from claiming as expenditures in a quarter expenditures
that were incurred in a previous quarter and not claimed
in such previous quarter.
(D) TERRITORIES AND TRIBES.—For each of fiscal years
2025 through 2027, the Secretary shall make payments to
territories, and Indian tribes, tribal organizations, and
Urban Indian organizations, with applications submitted
as described in subsection (a), and approved by the Sec-
retary. The territories, Indian tribes, tribal organizations,
and Urban Indian organizations shall be entitled to such
payments to carry out the activities described in sub-
section (h)(2).
(h) USE OF FUNDS.—
(1) USE OF FUNDS FOR TRANSITION YEARS.—For each of fiscal
years 2022 through 2024, a State that receives a payment
under subsection (g)(1) shall reserve and use—
(A) 50 percent of such payment for activities to—
(i) expand access to child care assistance for eligible
children (with priority for providing access for children
in families with incomes less than 85 percent of the
State median income); and
(ii) increase child care provider payment rates to
support the cost of providing high-quality child care
services, including rates sufficient to support increased
wages for staff of eligible child care providers;
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1619
(B) 25 percent of such payment for activities described in
subsection (b)(3); and
(C) 25 percent for activities under subparagraph (A) or
activities under subparagraph (B), as determined by the
State.
(2) USE OF FUNDS FOR FISCAL YEARS 2025 THROUGH 2027.—
(A) IN GENERAL.—Starting on October 1, 2024, a State
shall use amounts provided to the State under subsection
(g)(2) for child care services (provided on a sliding fee scale
basis), activities to improve the quality and supply of child
care services, and State administration.
(B) CHILD CARE ASSISTANCE FOR ELIGIBLE CHILDREN.—
(i) IN GENERAL.—The State shall ensure that par-
ents of eligible children can access child care services
provided by an eligible child care provider through a
grant or contract under clause (ii) or a certificate
under clause (iii).
(ii) GRANTS AND CONTRACTS.—The State shall award
grants or contracts to eligible child care providers, con-
sistent with the requirements under this section, for
the provision of child care services for eligible children
that, at minimum, support providers’ operating ex-
penses to meet and sustain health, safety, quality, and
wage standards required under this section.
(iii) CERTIFICATES.—The State shall issue a child
care certificate directly to a child care provider on be-
half of a parent who may use such certificate only as
payment for child care services or as a deposit for
child care services if such a deposit is required of
other children being cared for by the provider, con-
sistent with the requirements under this section.
(C) ACTIVITIES TO IMPROVE THE QUALITY AND SUPPLY OF
CHILD CARE SERVICES.—
(i) QUALITY CHILD CARE ACTIVITIES.—
(I) AMOUNT.—For each of fiscal years 2025
through 2027, from the total of the annual pay-
ments made to the State for a particular fiscal
year, the State shall reserve and use a quality
child care amount equal to not less than 5 percent
and not more than 10 percent of the amount made
available to the State through such payments for
that particular fiscal year (and shall reserve and
use a proportional amount from each quarterly
payment made to the State for that particular fis-
cal year).
(II) USE OF QUALITY CHILD CARE AMOUNT.—Each
State shall use the quality child care amount de-
scribed in subclause (I) to implement activities de-
scribed in subparagraphs (B) and (C) that increase
the quality and supply of eligible child care pro-
viders, and the number of available slots in the
State for child care services funded under this sec-
tion, prioritizing assistance for child care pro-
viders who are in underserved communities and
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who are providing, or are seeking to provide, child
care services for underserved populations identi-
fied in subsection (f)(4)(H).
(III) ADMINISTRATION.—Assistance provided
under this subparagraph may be administered—
(aa) directly by the lead agency; or
(bb) through other State government agen-
cies, local or regional child care resource and
referral organizations, community develop-
ment financial institutions, other inter-
mediaries with experience supporting child
care providers, or other appropriate entities
that enter into a contract with the State to
provide such assistance.
(ii) ACTIVITIES.—Activities funded under the quality
child care amount described in clause (i) shall include
each of the following:
(I) STARTUP GRANTS AND SUPPLY EXPANSION
GRANTS.—
(aa) IN GENERAL.—From a portion of the
quality child care amount, a State shall make
startup and supply expansion grants to sup-
port child care providers who are providing, or
seeking to provide, child care services to chil-
dren receiving assistance under this section,
with priority for providers providing or seek-
ing to provide child care in underserved com-
munities and for underserved populations
identified in subsection (f)(4)(H), to—
(AA) support startup and expansion
costs; and
(BB) assist such providers in meeting
health and safety requirements and
achieving licensure.
(bb) REQUIREMENT.—As a condition of re-
ceiving a startup or supply expansion grant
under this subclause, a child care provider
shall commit to meeting the requirements of
an eligible provider under this section, and
providing child care services to children re-
ceiving assistance under this section on an on-
going basis.
(II) QUALITY GRANTS.—From a portion of the
quality child care amount, a State shall provide
quality grants to eligible child care providers pro-
viding child care services to children receiving as-
sistance under this section to improve the quality
of such providers, including—
(aa) supporting such providers in meeting
or making progress toward the requirements
for the highest tier of the State’s tiered sys-
tem for measuring the quality of child care
providers under subsection (f)(4)(B); and
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(bb) supporting such providers in sustaining
child care quality.
(III) FACILITIES GRANTS.—
(aa) IN GENERAL.—From a portion of the
quality child care amount, a State shall pro-
vide support, including through awarding fa-
cilities grants, for remodeling, renovation, or
repair of a building or facility to the extent
permitted under section 658F(b) of the Child
Care and Development Block Grant Act of
1990 (42 U.S.C. 9858).
(bb) ADDITIONAL USES.—For fiscal years
2022 through 2024, and in subsequent years
with approval from the Secretary, a State
may provide such facilities grants for con-
struction, permanent improvement, or major
renovation of a building or facility primarily
used for providing child care services, in ac-
cordance with the following:
(AA) Federal interest provisions will
not apply to the renovation or rebuilding
of privately-owned family child care
homes under this subclause.
(BB) Eligible child care providers may
not use funds for buildings or facilities
that are used primarily for sectarian in-
struction or religious worship.
(CC) The Secretary shall develop pa-
rameters on the use of funds under this
subclause for family child care homes.
(DD) The Secretary shall not retain
Federal interest after a period of 10 years
in any facility built, renovated, or re-
paired with funds awarded under this
subclause.
(IV) ADDITIONAL ACTIVITIES TO IMPROVE THE
QUALITY OF CHILD CARE SERVICES.—A State shall
use a portion of the quality child care amount to
improve the quality of child care services, which
shall include—
(aa) supporting the training and profes-
sional development of the early childhood
workforce, including supporting degree attain-
ment and credentialing for early childhood
educators;
(bb) developing, implementing, or enhancing
the State’s tiered system for measuring the
quality of child care providers under sub-
section (f)(4)(B);
(cc) improving the supply and quality of de-
velopmentally appropriate child care pro-
grams and services for underserved popu-
lations described in subsection (f)(4)(H);
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(dd) improving access to child care services
for children experiencing homelessness and
children in foster care; and
(ee) other activities to improve the supply
and quality of child care services, including
activities described in paragraphs (1) through
(10) of section 658G(b) of the Child Care and
Development Block Grant Act of 1990 42
U.S.C. 9858e).
(V) TECHNICAL ASSISTANCE.—From a portion of
the quality child care amount, the State shall pro-
vide technical assistance to increase the supply
and quality of eligible child care providers who are
providing, or seeking to provide, child care serv-
ices to children receiving assistance under this
section, including providing support to enable pro-
viders to achieve licensure.
(i) GRANTS TO LOCALITIES.—
(1) DEFINITION OF ELIGIBLE LOCALITY.—–In this subsection
the term ‘‘eligible locality’’ means a city, county, or other unit
of general local government, or a Head Start grantee.
(2)(A) IN GENERAL.—The Secretary shall use funds reserved
in subsection (g)(1)(A)(i)(IV)) to award local Birth through Five
Child Care and Early Learning Grants to eligible localities lo-
cated in States that have made it apparent that they will not
apply for payments under subsection (f). The Secretary shall
award the grants to eligible localities in a State from the allot-
ment made for that State under subparagraph (B). The Sec-
retary shall specify the requirements for an eligible locality to
provide access to child care to children in families with income
that does not exceed 200 percent of the Federal poverty level,
which shall, to the greatest extent practicable, be consistent
with the requirements applicable to States under this section.
(B) APPLICATION.—To receive a grant from the cor-
responding State allotment under this subsection, an eligi-
ble locality shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may require. The requirements for
the application shall, to the greatest extent practicable, be
consistent with the State plan requirements applicable to
States under this subsection (f).
(C) PRIORITY FOR LOCALITIES SERVING UNDERSERVED POP-
ULATIONS.—In awarding a grant under this paragraph, the
Secretary, shall give priority to eligible localities seeking to
serve underserved populations.
(j) PROGRAM REQUIREMENTS.—
(1) NONDISCRIMINATION.—The following provisions of law
shall apply to any program or activity that receives funds pro-
vided under this section:
(A) Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.).
(B) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
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