Pandemic Darlings The pandemic economy, in original documents
Home Source documents Build Back Better Act, Book 3 of 3 — House Report 117-130, Part 3

Build Back Better Act, Book 3 of 3 — House Report 117-130, Part 3

Summary

This is House Report 117-130, Part 3, of the 117th Congress, 1st Session, titled Build Back Better Act, Book 3 of 3, a report of the Committee on the Budget to accompany H.R. 5376, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed September 27, 2021. The text read begins at page 1991 with Title XII, Committee on Veterans Affairs. Section 12001 appropriates $15,200,000,000 for fiscal year 2022 for Department of Veterans Affairs infrastructure improvements, and section 12002 modifies enhanced-use lease authority and appropriates $455,000,000. Section 12003 addresses major medical facility leases of the Department of Veterans Affairs.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Crpt Crpt 117Hrpt130 Crpt 117Hrpt130 Pt3
Case
Crpt Crpt 117Hrpt130 Crpt 117Hrpt130 Pt3

Cite this document

“Build Back Better Act, Book 3 of 3 — House Report 117-130, Part 3.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt130-crpt-117hrpt130-pt3/, SHA-256 88a70f4be54118cbb7a644ac0f6b2bad0a266c391223b2b27ebde5d9e1d371d1.

Full text

                                                                                                                                                                          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 3 OF 3




                                                                                        SEPTEMBER 27, 2021.—Committed to the Committee of the Whole House
                                                                                                on the State of the Union and ordered to be printed




rfrederick on DSKBCBPHB2PROD with HEARING


                                                                                                                                                                                   E:\Seals\Congress.#13
                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00001   Fmt 6012   Sfmt 6012   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                                              BUILD BACK BETTER ACT




                                                                                                                                                                   BOOK 3 OF 3




rfrederick on DSKBCBPHB2PROD with HEARING



                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00002   Fmt 6019   Sfmt 6019   E:\HR\OC\HR130P3.XXX                HR130P3
                                                                                                                                                                          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 3 OF 3




                                                                                        SEPTEMBER 27, 2021.—Committed to the Committee of the Whole House
                                                                                                on the State of the Union and ordered to be printed




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                               U.S. GOVERNMENT PUBLISHING OFFICE
                                                                                       45–624                              WASHINGTON : 2021




                                                                                                                                                                                   E:\Seals\Congress.#13
                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00003   Fmt 5012   Sfmt 5012   E:\HR\OC\HR130P3.XXX   HR130P3
rfrederick on DSKBCBPHB2PROD with HEARING



                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00004   Fmt 5012   Sfmt 5012   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1991

                                                                                       TITLE XII—COMMITTEE ON VETERANS
                                                                                                   AFFAIRS
                                                                                  SEC. 12001. DEPARTMENT OF VETERANS AFFAIRS INFRASTRUCTURE
                                                                                              IMPROVEMENTS.
                                                                                    In addition to amounts otherwise available, there is appropriated
                                                                                  for fiscal year 2022, out of any money in the Treasury not other-
                                                                                  wise appropriated, $15,200,000,000, to remain available until Sep-
                                                                                  tember 30, 2031, for facilities under the jurisdiction of, or for the
                                                                                  use of, the Department of Veterans Affairs to carry out sections
                                                                                  2400, 2403, 2404, 2406, 2407, 2412, 8101 through 8110, 8122, and
                                                                                  8161 through 8169 of title 38, United States Code, taking into con-
                                                                                  sideration the integration of climate resiliency into infrastructure
                                                                                  as well as the needs of underserved areas and underserved veteran
                                                                                  populations.
                                                                                  SEC. 12002. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF
                                                                                              DEPARTMENT OF VETERANS AFFAIRS.
                                                                                    (a) MODIFICATIONS TO AUTHORITY.—Paragraph (2) of section
                                                                                  8162(a) of title 38, United States Code, is amended to read as fol-
                                                                                  lows:
                                                                                    ‘‘(2)(A) The Secretary may enter into an enhanced-use lease on
                                                                                  or after the date of the enactment of this paragraph only if the Sec-
                                                                                  retary determines—
                                                                                          ‘‘(i) that the lease will not be inconsistent with, and will not
                                                                                       adversely affect—
                                                                                                 ‘‘(I) the mission of the Department; or
                                                                                                 ‘‘(II) the operation of facilities, programs, and services of
                                                                                              the Department in the local area; and
                                                                                          ‘‘(ii) that—
                                                                                                 ‘‘(I) the lease will enhance the use of the leased property
                                                                                              by directly or indirectly benefitting veterans; or
                                                                                                 ‘‘(II) the leased property will provide supportive housing.
                                                                                    ‘‘(B) The Secretary shall give priority to enhanced-use leases
                                                                                  that, on the leased property—
                                                                                          ‘‘(i) provide supportive housing for veterans;
                                                                                          ‘‘(ii) provide direct services or benefits targeted to veterans;
                                                                                       or
                                                                                          ‘‘(iii) provide services or benefits that indirectly support vet-
                                                                                       erans.’’.
                                                                                    (b) APPROPRIATION.—In addition to amounts otherwise available,
                                                                                  there is appropriated for fiscal year 2022, out of any money in the
                                                                                  Treasury not otherwise appropriated, $455,000,000 for the Depart-
                                                                                  ment of Veterans Affairs, to remain available until expended, to
                                                                                  enter into enhanced-use leases pursuant to section 8162 of title 38,
                                                                                  United States Code, as amended by this section.
                                                                                    (c) MODIFICATION OF SUNSET.—Section 8169 of such title is
                                                                                  amended by striking ‘‘December 31, 2023’’ and inserting ‘‘Sep-
                                                                                  tember 30, 2026’’.
                                                                                  SEC. 12003. MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT
                                                                                              OF VETERANS AFFAIRS.
                                                                                    (a) AUTHORITY TO ENTER INTO MAJOR MEDICAL FACILITY




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  LEASES.—Paragraph (2) of subsection (a) of section 8104 of title 38,
                                                                                  United States Code, is amended—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00005   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1992

                                                                                           (1) by striking ‘‘No funds’’ and inserting ‘‘(A) No funds’’;
                                                                                           (2) by striking ‘‘or any major medical facility lease’’;
                                                                                           (3) by striking ‘‘or lease’’; and
                                                                                           (4) by adding at the end the following new subparagraph:
                                                                                    ‘‘(B) Funds may be appropriated for a fiscal year, and the Sec-
                                                                                  retary may obligate and expend funds, including for advance plan-
                                                                                  ning and design, for any major medical facility lease.’’.
                                                                                    (b) MODIFICATION OF DEFINITION OF MAJOR MEDICAL FACILITY
                                                                                  LEASE.—Subparagraph (B) of paragraph (3) of such subsection is
                                                                                  amended to read as follows:
                                                                                           ‘‘(B) The term ‘major medical facility lease’—
                                                                                                 ‘‘(i) means a lease for space for use as a new medical fa-
                                                                                              cility approved through the General Services Administra-
                                                                                              tion under section 3307(a)(2) of title 40 at an average an-
                                                                                              nual rent equal to or greater than the dollar threshold de-
                                                                                              scribed in such section, which shall be subject to annual
                                                                                              adjustment in accordance with section 3307(h) of such
                                                                                              title; and
                                                                                                 ‘‘(ii) does not include a lease for space for use as a
                                                                                              shared Federal medical facility for which the Department’s
                                                                                              estimated share of the lease costs does not exceed such
                                                                                              dollar threshold.’’.
                                                                                    (c) INTERIM LEASING ACTIONS.—Such section is further amended
                                                                                  by adding at the end the following new subsection:
                                                                                    ‘‘(i)(1) The Secretary may carry out interim leasing actions as the
                                                                                  Secretary considers necessary for major medical facility leases (as
                                                                                  defined in subsection (a)(3)(B)).
                                                                                    ‘‘(2) In this subsection, the term ‘interim leasing actions’ has the
                                                                                  meaning given that term by the Administrator of the General Serv-
                                                                                  ices Administration.’’.
                                                                                    (d) APPLICABILITY.—The amendments made by this section shall
                                                                                  apply with respect to a lease that has not been specifically author-
                                                                                  ized by law on or before the date of the enactment of this Act and
                                                                                  is included as part of the annual budget submission of the Presi-
                                                                                  dent for fiscal year 2022, 2023, or 2024.
                                                                                    (e) PURCHASE OPTIONS.—The Secretary of Veterans Affairs may
                                                                                  obligate and expend funds to exercise a purchase option included
                                                                                  in any major medical facility lease described in subsection (d).
                                                                                    (f) APPROPRIATION.—In addition to amounts otherwise available,
                                                                                  there is appropriated for fiscal year 2022, out of any money in the
                                                                                  Treasury not otherwise appropriated, $1,805,000,000, to remain
                                                                                  available until expended, for major medical facility leases pursuant
                                                                                  to subchapter I of chapter 81 of title 38, United States Code, as
                                                                                  amended by this section, as requested in the annual budget sub-
                                                                                  mission of the President for fiscal year 2022, 2023, or 2024.
                                                                                    (g) TERMINATION AND RESTORATION.—
                                                                                           (1) IN GENERAL.—Effective upon the date of execution of the
                                                                                        final lease award for leases described in subsection (d), sub-
                                                                                        sections (a) through (e) of this section and the amendments
                                                                                        made by those subsections are repealed and any provision of
                                                                                        law amended by those subsections is restored as if those sub-
                                                                                        sections had not been enacted into law.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           (2) NOTIFICATION.—The Secretary of Veterans Affairs shall
                                                                                        submit to Congress and the Law Revision Counsel of the




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00006   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1993

                                                                                         House of Representatives written notification of the date speci-
                                                                                         fied in paragraph (1) not later than 30 days before such date.
                                                                                  SEC. 12004. INCREASE IN NUMBER OF HEALTH PROFESSIONS RESI-
                                                                                              DENCY POSITIONS AT DEPARTMENT OF VETERANS AF-
                                                                                              FAIRS MEDICAL FACILITIES.
                                                                                    (a) INCREASE.—In carrying out section 7302(a)(1) of title 38,
                                                                                  United States Code, during the seven-year period beginning on the
                                                                                  day that is one year after the date of the enactment of this Act,
                                                                                  the Secretary of Veterans Affairs shall increase the number of
                                                                                  health professions residency positions at medical facilities of the
                                                                                  Department of Veterans Affairs by not more than 700 positions
                                                                                  (which shall be allocated among occupations included in the most
                                                                                  current determination published in the Federal Register pursuant
                                                                                  to section 7412(a) of such title, or allocated pursuant to a
                                                                                  prioritization by the Secretary of occupations in primary care, men-
                                                                                  tal health care, and any other health professions occupation the
                                                                                  Secretary determines appropriate) through the establishment of
                                                                                  such new positions at—
                                                                                         (1) medical facilities where the Secretary established such
                                                                                       positions pursuant to section 301(b)(2) of the Veterans Access,
                                                                                       Choice, and Accountability Act of 2014 (Public Law 113–146;
                                                                                       38 U.S.C. 7302 note); or
                                                                                         (2) any medical facility—
                                                                                              (A) the director of which expresses an interest in estab-
                                                                                           lishing or expanding a health professions residency pro-
                                                                                           gram at the medical facility; or
                                                                                              (B) that is located in a community that has a high con-
                                                                                           centration of veterans or is experiencing a shortage of
                                                                                           health care professionals.
                                                                                    (b) APPROPRIATIONS.—In addition to amounts otherwise avail-
                                                                                  able, there is appropriated to the Department of Veterans Affairs
                                                                                  for fiscal year 2022, out of any money in the Treasury not other-
                                                                                  wise appropriated, $375,000,000, to remain available until Sep-
                                                                                  tember 30, 2029, for the purpose of carrying out this section.
                                                                                  SEC. 12005. VETERAN RECORDS SCANNING.
                                                                                    In addition to amounts otherwise available, there is appropriated
                                                                                  to the Veterans Benefits Administration for fiscal year 2022, out of
                                                                                  any money in the Treasury not otherwise appropriated,
                                                                                  $150,000,000, to remain available until September 30, 2023, for
                                                                                  costs of record scanning and claims processing, to carry out sections
                                                                                  7701 and 7703 of title 38, United States Code.
                                                                                  SEC. 12006. FUNDING FOR DEPARTMENT OF VETERANS AFFAIRS OF-
                                                                                              FICE OF INSPECTOR GENERAL.
                                                                                    In addition to amounts otherwise available, there is appropriated
                                                                                  to the Office of Inspector General of the Department of Veterans
                                                                                  Affairs for fiscal year 2022, out of any money in the Treasury not
                                                                                  otherwise appropriated, $15,000,000, to remain available until Sep-
                                                                                  tember 30, 2031, for audits, investigations, and other oversight of
                                                                                  projects and activities carried out with funds made available to the
                                                                                  Department of Veterans Affairs.




rfrederick on DSKBCBPHB2PROD with HEARING



                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00007   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1994

                                                                                       TITLE XIII—COMMITTEE ON WAYS AND
                                                                                                     MEANS
                                                                                        Subtitle A—Universal Paid Family and
                                                                                                   Medical Leave
                                                                                  SEC. 130001. PAID FAMILY AND MEDICAL LEAVE.
                                                                                    The Social Security Act (42 U.S.C. 301 et seq.) is amended by
                                                                                  adding at the end the following:

                                                                                              ‘‘TITLE XXII—PAID FAMILY AND
                                                                                                 MEDICAL LEAVE BENEFITS
                                                                                  ‘‘SEC. 2201. TABLE OF CONTENTS.
                                                                                       ‘‘The table of contents for this title is as follows:
                                                                                  ‘‘Sec. 2201. Table of contents.
                                                                                  ‘‘Sec. 2202. Paid family and medical leave benefit eligibility.
                                                                                  ‘‘Sec. 2203. Benefit amount.
                                                                                  ‘‘Sec. 2204. Benefit determination and payment.
                                                                                  ‘‘Sec. 2205. Appeals.
                                                                                  ‘‘Sec. 2206. Stewardship.
                                                                                  ‘‘Sec. 2207. Funding for benefit payments, grants, and program administration.
                                                                                  ‘‘Sec. 2208. Funding for outreach, public education, and research.
                                                                                  ‘‘Sec. 2209. Funding for State administration option for legacy States.
                                                                                  ‘‘Sec. 2210. Reimbursement option for employer-sponsored paid leave benefits.
                                                                                  ‘‘Sec. 2211. Funding for small business assistance.
                                                                                  ‘‘Sec. 2212. Definitions.
                                                                                  ‘‘SEC. 2202. PAID FAMILY AND MEDICAL LEAVE BENEFIT ELIGIBILITY.
                                                                                     ‘‘(a) ENTITLEMENT.—Every individual who—
                                                                                           ‘‘(1) has filed an application for a paid family and medical
                                                                                        leave benefit in accordance with section 2204(a);
                                                                                           ‘‘(2) has, or anticipates having, at least 4 caregiving hours in
                                                                                        a week ending at any time during the period that begins 90
                                                                                        days before the date on which such application is filed or not
                                                                                        later than 180 days after such date; and
                                                                                           ‘‘(3) has wages or self-employment income at any time during
                                                                                        the period—
                                                                                                 ‘‘(A) beginning with the most recent calendar quarter
                                                                                              that ends at least 4 months prior to the beginning of the
                                                                                              individual’s benefit period specified in subsection (b); and
                                                                                                 ‘‘(B) ending with the month before the month in which
                                                                                              such benefit period begins,
                                                                                  shall be entitled to such a benefit for each month during such ben-
                                                                                  efit period, except as otherwise provided in this section.
                                                                                     ‘‘(b) BENEFIT PERIOD.—
                                                                                           ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the
                                                                                        benefit period specified in this subsection is the period begin-
                                                                                        ning with the month in which ends the 1st week in which the
                                                                                        individual has at least 4 caregiving hours and otherwise meets
                                                                                        the criteria specified in paragraphs (1), (2), and (3) of sub-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        section (a) and ending with the month in which ends the 52nd
                                                                                        week ending during such period.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00008   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1995

                                                                                             ‘‘(2) RETROACTIVE BENEFITS.—In the case of an application
                                                                                           for benefits under this section with respect to an individual
                                                                                           who has at least 4 caregiving hours in a week at any time dur-
                                                                                           ing the period that begins 90 days before the date on which
                                                                                           such application is filed, the benefit period specified in this
                                                                                           subsection is the period beginning with the later of—
                                                                                                   ‘‘(A) the month in which ends the 1st week in which the
                                                                                                individual has at least 4 caregiving hours; or
                                                                                                   ‘‘(B) the 1st month that begins during such 90-day pe-
                                                                                                riod,
                                                                                           and ending with the month in which ends the 52nd week end-
                                                                                           ing during such period.
                                                                                             ‘‘(3) LIMITATION.—Notwithstanding paragraphs (1) and (2),
                                                                                           no benefit period under this title may begin with any month
                                                                                           beginning prior to July 2023.
                                                                                       ‘‘(c) CAREGIVING HOURS.—
                                                                                             ‘‘(1) CAREGIVING HOUR DEFINED.—For purposes of this title,
                                                                                           the term ‘caregiving hour’ means a 1-hour period during which
                                                                                           the individual engaged in qualified caregiving (determined on
                                                                                           the basis of information filed with the Secretary pursuant to
                                                                                           subsection (c) of section 2204).
                                                                                             ‘‘(2) QUALIFIED CAREGIVING.—
                                                                                                   ‘‘(A) IN GENERAL.—For purposes of this subsection, the
                                                                                                term ‘qualified caregiving’ means any activity engaged in
                                                                                                by an individual in lieu of work, other than for monetary
                                                                                                compensation, for any reason described in paragraph (1) or
                                                                                                (3) of section 102(a) of the Family and Medical Leave Act
                                                                                                of 1993 (29 U.S.C. 2612(a)), except that for purposes of this
                                                                                                paragraph such section shall be applied—
                                                                                                           ‘‘(i) by treating such individual as the employee re-
                                                                                                        ferred to in such paragraph;
                                                                                                           ‘‘(ii) as if paragraph (1)(C) were amended to read as
                                                                                                        follows:
                                                                                                   ‘‘ ‘(C)(i) In order to care for a qualified family member of
                                                                                                the employee, if such qualified family member has a seri-
                                                                                                ous health condition.
                                                                                                   ‘‘ ‘(ii) For purposes of clause (i), the term ‘‘qualified fam-
                                                                                                ily member’’ means, with respect to an employee—
                                                                                                           ‘‘ ‘(I) a spouse (including a domestic partner in a civil
                                                                                                        union or other registered domestic partnership recog-
                                                                                                        nized by a State) and a spouse’s parent;
                                                                                                           ‘‘ ‘(II) a child and a child’s spouse;
                                                                                                           ‘‘ ‘(III) a parent and a parent’s spouse;
                                                                                                           ‘‘ ‘(IV) a sibling and a sibling’s spouse;
                                                                                                           ‘‘ ‘(V) a grandparent, a grandchild, or a spouse of a
                                                                                                        grandparent or grandchild; and
                                                                                                           ‘‘ ‘(VI) any other individual who is related by blood
                                                                                                        or affinity and whose association with the employee is
                                                                                                        equivalent of a family relationship (as determined
                                                                                                        under regulations issued by the Secretary of the
                                                                                                        Treasury).’; and
                                                                                                           ‘‘(iii) by treating the criterion in paragraph (1)(D)




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                        that an individual is ‘unable to perform the functions
                                                                                                        of the position of such employee’ because of a serious




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00009   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1996

                                                                                                       health condition as a criterion that the individual is
                                                                                                       unable to satisfy the requirements needed to continue
                                                                                                       receiving the wages or self-employment income de-
                                                                                                       scribed in subsection (a)(3) with respect to the indi-
                                                                                                       vidual because of such serious health condition;
                                                                                                          ‘‘(iv) as if paragraph (1)(E) were amended to read as
                                                                                                       follows:
                                                                                                  ‘‘ ‘(E) Because of any qualifying exigency (as the Sec-
                                                                                               retary shall, by regulation, determine) arising out of the
                                                                                               fact that a qualified family member of the employee (as de-
                                                                                               fined in subparagraph (C)(ii)) is on covered active duty (or
                                                                                               has been notified of an impending call or order to covered
                                                                                               active duty) in the Armed Forces.’; and
                                                                                                          ‘‘(v) as if paragraph (1) were amended by adding at
                                                                                                       the end the following:
                                                                                                  ‘‘ ‘(G) Because of the death of a spouse, parent, or child
                                                                                               of the employee.’.
                                                                                                          ‘‘(vi) as if paragraph (3) were amended by striking
                                                                                                       ‘the spouse, son, daughter, parent, or next of kin’ and
                                                                                                       inserting ‘a qualified family member of the employee
                                                                                                       (as defined in subparagraph (C)(ii))’.
                                                                                                  ‘‘(B) NO MONETARY COMPENSATION PERMITTED.—For pur-
                                                                                               poses of subparagraph (A), an activity shall be considered
                                                                                               to be engaged in by an individual for monetary compensa-
                                                                                               tion if the individual received any form of wage compensa-
                                                                                               tion from an employer, including paid vacation, paid sick
                                                                                               leave, and any other form of accrued paid time off (but not
                                                                                               including any such form of accrued paid time off or any
                                                                                               non-accrued paid family and medical leave benefits spon-
                                                                                               sored by an employer to the extent that the sum of such
                                                                                               accrued or non-accrued paid leave and any paid family and
                                                                                               medical leave benefits under section 2202 does not exceed
                                                                                               100 percent of the individual’s regular rate of pay (as de-
                                                                                               termined under section 7(e) of the Fair Labor Standards
                                                                                               Act of 1938)), for the time during which the individual was
                                                                                               so engaged.
                                                                                                  ‘‘(C) TREATMENT OF INDIVIDUALS ELIGIBLE FOR EMPLOYER
                                                                                               SPONSORED PAID FAMILY AND MEDICAL LEAVE BENEFITS.—
                                                                                               For purposes of subparagraph (A), an activity engaged in
                                                                                               by an individual shall not be considered to be engaged in
                                                                                               in lieu of work if, for the time during which the individual
                                                                                               was so engaged, the individual would be eligible for paid
                                                                                               family and medical leave benefits under a program spon-
                                                                                               sored by an employer who receives a grant with respect to
                                                                                               such program under section 2210.
                                                                                                  ‘‘(D) TREATMENT OF INDIVIDUALS EMPLOYED IN LEGACY
                                                                                               STATES.—For purposes of subparagraph (A), an activity en-
                                                                                               gaged in by an individual shall not be considered to be en-
                                                                                               gaged in in lieu of work if the time during which the indi-
                                                                                               vidual was so engaged constitutes leave from employment
                                                                                               for which the individual would be eligible to receive paid




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               family or medical leave benefits under the law of a legacy
                                                                                               State (as defined in section 2209(b)).




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00010   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1997

                                                                                     ‘‘(d) TREATMENT OF BEREAVEMENT LEAVE.—In the case of an ac-
                                                                                  tivity engaged in by an individual in lieu of work for a reason de-
                                                                                  scribed in paragraph (1)(G) of section 102(a) of the Family and
                                                                                  Medical Leave Act of 1993 (as such section is applied for purposes
                                                                                  of paragraph (2) of subsection (c)), the total number of caregiving
                                                                                  hours attributable to such activity, for each death described in such
                                                                                  paragraph (1)(G), that may be credited under section 2203(c) to
                                                                                  weeks during the individual’s benefit period may not exceed 3⁄5 of
                                                                                  the number of hours in the individual’s regular workweek (within
                                                                                  the meaning of section 2203(d)).
                                                                                     ‘‘(e) NO CAREGIVING HOURS IN INDIVIDUAL’S WEEK OF DEATH.—
                                                                                  No caregiving hours of an individual may be credited under section
                                                                                  2203(c) to the week during which the individual dies.
                                                                                     ‘‘(f) DISQUALIFICATION FOLLOWING CERTAIN CONVICTIONS.—An
                                                                                  individual who has been found to have used false statements or
                                                                                  representation to secure benefits under this title shall be ineligible
                                                                                  for benefits under this title for a 5-year period following the date
                                                                                  of such finding.
                                                                                  ‘‘SEC. 2203. BENEFIT AMOUNT.
                                                                                     ‘‘(a) IN GENERAL.—The amount of the benefit to which an indi-
                                                                                  vidual is entitled under section 2202 for a month shall be an
                                                                                  amount equal to the sum of the weekly benefit amounts for each
                                                                                  week ending during such month. The weekly benefit amount of an
                                                                                  individual for a week shall be equal to the product of the individ-
                                                                                  ual’s weekly benefit rate (as determined under subsection (b)) mul-
                                                                                  tiplied by a fraction—
                                                                                           ‘‘(1) the numerator of which is the number of caregiving
                                                                                        hours of the individual credited to such week (as determined
                                                                                        in subsection (c)); and
                                                                                           ‘‘(2) the denominator of which is the number of hours in a
                                                                                        regular workweek of the individual (as determined in sub-
                                                                                        section (d)).
                                                                                     ‘‘(b) WEEKLY BENEFIT RATE.—
                                                                                           ‘‘(1) IN GENERAL.—For purposes of this section, an individ-
                                                                                        ual’s weekly benefit rate shall be an amount equal to the sum
                                                                                        of—
                                                                                                 ‘‘(A) 85 percent of the individual’s average weekly earn-
                                                                                              ings to the extent that such earnings do not exceed the
                                                                                              amount established for purposes of this subparagraph by
                                                                                              paragraph (2);
                                                                                                 ‘‘(B) 75 percent of the individual’s average weekly earn-
                                                                                              ings to the extent that such earnings exceed the amount
                                                                                              established for purposes of subparagraph (A) but do not
                                                                                              exceed the amount established for purposes of this sub-
                                                                                              paragraph by paragraph (2);
                                                                                                 ‘‘(C) 55 percent of the individual’s average weekly earn-
                                                                                              ings to the extent that such earnings exceed the amount
                                                                                              established for purposes of subparagraph (B) but do not
                                                                                              exceed the amount established for purposes of this sub-
                                                                                              paragraph by paragraph (2);
                                                                                                 ‘‘(D) 25 percent of the individual’s average weekly earn-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              ings to the extent that such earnings exceed the amount
                                                                                              established for purposes of subparagraph (C) but do not




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00011   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1998

                                                                                             exceed the amount established for purposes of this sub-
                                                                                             paragraph by paragraph (2); and
                                                                                                ‘‘(E) 5 percent of the individual’s average weekly earn-
                                                                                             ings to the extent that such earnings exceed the amount
                                                                                             established for purposes of subparagraph (D) but do not
                                                                                             exceed the amount established for purposes of this sub-
                                                                                             paragraph by paragraph (2).
                                                                                          ‘‘(2) AMOUNTS ESTABLISHED.—
                                                                                                ‘‘(A) INITIAL AMOUNTS.—For individuals whose benefit
                                                                                             period under this title begins in or before calendar year
                                                                                             2024, the amount established for purposes of subpara-
                                                                                             graphs (A), (B), (C), (D), and (E) of paragraph (1) shall be
                                                                                             1⁄52 of $15,080, $34,248, $72,000, $100,000, and $250,000,

                                                                                             respectively.
                                                                                                ‘‘(B) WAGE INDEXING.—For individuals whose benefit pe-
                                                                                             riod under this title begins in any calendar year after
                                                                                             2024, each of the amounts so established shall equal the
                                                                                             corresponding amount established for the calendar year
                                                                                             preceding such calendar year, or, if larger, the product of
                                                                                             the corresponding amount established with respect to the
                                                                                             calendar year 2024 and the quotient obtained by divid-
                                                                                             ing—
                                                                                                      ‘‘(i) the national average wage index (as defined in
                                                                                                   section 2212) for the second calendar year preceding
                                                                                                   such calendar year, by
                                                                                                      ‘‘(ii) the national average wage index (as so defined)
                                                                                                   for 2022.
                                                                                                ‘‘(C) ROUNDING.—Each amount established under sub-
                                                                                             paragraph (B) for any calendar year shall be rounded to
                                                                                             the nearest $1, except that any amount so established
                                                                                             which is a multiple of $0.50 but not of $1 shall be rounded
                                                                                             to the next higher $1.
                                                                                          ‘‘(3) AVERAGE WEEKLY EARNINGS.—For purposes of this sub-
                                                                                        section, an individual’s average weekly earnings, as calculated
                                                                                        by the Secretary, shall be equal to the quotient obtained by di-
                                                                                        viding—
                                                                                                ‘‘(A) the total of the wages and self-employment income
                                                                                             received by the individual during the most recent 8-cal-
                                                                                             endar quarter period that ends at least 4 months prior to
                                                                                             the beginning of the individual’s benefit period; by
                                                                                                ‘‘(B) 104.
                                                                                          ‘‘(4) EVIDENCE OF EARNINGS.—For purposes of determining
                                                                                        the wages and self-employment income of an individual with
                                                                                        respect to an application for benefits under section 2202, the
                                                                                        Secretary shall make such determination on the basis of wage
                                                                                        data provided to the Secretary from the National Directory of
                                                                                        New Hires pursuant to section 453(j)(5) and self-employment
                                                                                        income data provided by the Secretary, except that the Sec-
                                                                                        retary shall also consider any more recent or additional evi-
                                                                                        dence of wages or self-employment income the individual
                                                                                        chooses to additionally submit.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                    ‘‘(c) CREDITING OF CAREGIVING HOURS TO A WEEK.—The number
                                                                                  of caregiving hours of an individual credited to a week as deter-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00012   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 1999

                                                                                  mined under this subsection shall equal the number of caregiving
                                                                                  hours of the individual occurring during such week, except that—
                                                                                          ‘‘(1) such number may not exceed the number of hours in a
                                                                                       regular workweek of the individual (as determined in sub-
                                                                                       section (d));
                                                                                          ‘‘(2) no caregiving hours may be credited to a week in which
                                                                                       fewer than 4 caregiving hours of the individual occur;
                                                                                          ‘‘(3) no caregiving hours of the individual may be credited to
                                                                                       the individual’s waiting period, consisting of the first week dur-
                                                                                       ing an individual’s benefit period in which at least 4 caregiving
                                                                                       hours occur (regardless of whether the individual received paid
                                                                                       vacation, paid sick leave, or any other form of accrued paid
                                                                                       time off from the individual’s employer during such week in ac-
                                                                                       cordance with section 2202(c)(2)(B)); and
                                                                                          ‘‘(4) the total number of caregiving hours credited to weeks
                                                                                       during the individual’s benefit period may not exceed the prod-
                                                                                       uct of 12 multiplied by the number of hours in a regular work-
                                                                                       week of the individual (as so determined).
                                                                                    ‘‘(d) NUMBER OF HOURS IN A REGULAR WORKWEEK.—For purposes
                                                                                  of this section, the number of hours in a regular workweek of an
                                                                                  individual shall be the number of hours that the individual regu-
                                                                                  larly works in a week for all employers (or regularly worked in the
                                                                                  case of an individual no longer employed), as determined under
                                                                                  guidance to be issued by the Secretary.
                                                                                  ‘‘SEC. 2204. BENEFIT DETERMINATION AND PAYMENT.
                                                                                     ‘‘(a) IN GENERAL.—An individual seeking benefits under section
                                                                                  2202 shall file an application with the Secretary containing the in-
                                                                                  formation described in subsection (b) and such other information as
                                                                                  the Secretary may require. Any information contained in an appli-
                                                                                  cation for benefits under section 2202, or in a periodic benefit claim
                                                                                  report filed with respect to such benefits, shall be presumed to be
                                                                                  true and accurate, unless the Secretary demonstrates by a prepon-
                                                                                  derance of the evidence that information contained in the applica-
                                                                                  tion or periodic benefit claim report is false, except that the Sec-
                                                                                  retary shall establish procedures to validate the identity of the in-
                                                                                  dividual filing the application.
                                                                                     ‘‘(b) REQUIRED CONTENTS OF INITIAL APPLICATION.—An applica-
                                                                                  tion for a paid family and medical leave benefit filed by an indi-
                                                                                  vidual shall include—
                                                                                           ‘‘(1) an attestation that the individual has, or anticipates
                                                                                        having, at least 4 caregiving hours in a week ending at any
                                                                                        time during the period that begins 90 days before the date on
                                                                                        which such application is filed or not later than 180 days after
                                                                                        such date;
                                                                                           ‘‘(2) except as otherwise provided in this subsection, a certifi-
                                                                                        cation, issued by a relevant authority determined under regu-
                                                                                        lations issued by the Secretary, that contains such information
                                                                                        as the Secretary shall specify in such regulations as necessary
                                                                                        to affirm the circumstances giving rise to the need for such
                                                                                        caregiving hours, which shall be no more than the information
                                                                                        that is required to be stated under section 103(b) of the Family
                                                                                        and Medical Leave Act of 1993 (29 U.S.C. 2613(b));




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           ‘‘(3) an attestation from the individual that notice of the indi-
                                                                                        vidual’s need to be absent from work during such caregiving




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00013   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2000

                                                                                        hours has been provided, not later than 7 days after such need
                                                                                        arises, to the individual’s employer (except in cases of hardship
                                                                                        or other extenuating circumstances or if the individual does
                                                                                        not have (or no longer has) an employer);
                                                                                           ‘‘(4) pay stubs or such other evidence as the individual may
                                                                                        provide demonstrating the individual’s wages or self-employ-
                                                                                        ment income during the period described in section 2202(a)(3),
                                                                                        except that the Secretary may waive this requirement in any
                                                                                        case in which such evidence is otherwise available to the Sec-
                                                                                        retary;
                                                                                           ‘‘(5) an attestation from the individual stating the number of
                                                                                        hours in a regular workweek of the individual (within the
                                                                                        meaning of section 2203(d)); and
                                                                                           ‘‘(6) an attestation from the individual stating that the leave
                                                                                        from employment with respect to which the individual is filing
                                                                                        such application is not employment for which the individual
                                                                                        has received—
                                                                                                 ‘‘(A) a notice from a State pursuant to subsection
                                                                                              (b)(2)(B) of section 2209 stating that such employment
                                                                                              would be eligible for paid family and medical leave benefits
                                                                                              under a State legacy program described in such section; or
                                                                                                 ‘‘(B) a notice from the individual’s employer pursuant to
                                                                                              subsection (b)(1)(F)(iv) of section 2210 stating that such
                                                                                              employment would be eligible for paid family and medical
                                                                                              leave benefits under an employer-sponsored program de-
                                                                                              scribed in such section.
                                                                                  In the case of an individual who applies for a paid family and med-
                                                                                  ical leave benefit in the anticipation of caregiving hours occurring
                                                                                  after the date of application, the certification described in para-
                                                                                  graph (2), the attestation described in paragraph (3), and the evi-
                                                                                  dence described in paragraph (4) may be provided after the 1st
                                                                                  week in which at least 4 such caregiving hours occur.
                                                                                    ‘‘(c) PERIODIC BENEFIT CLAIM REPORT.—
                                                                                           ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not
                                                                                        later than 60 days (or such longer period as may be provided
                                                                                        in any case in which the Secretary determines that good cause
                                                                                        exists for an extension) after the end of each month during the
                                                                                        benefit period of an individual entitled to benefits under sec-
                                                                                        tion 2202, the individual shall file a periodic benefit claim re-
                                                                                        port with the Secretary. Such periodic benefit claim report
                                                                                        shall specify the caregiving hours of the individual that oc-
                                                                                        curred during each week that ended in such month and shall
                                                                                        include such other information as the Secretary may require.
                                                                                        No periodic benefit claim report shall be required with respect
                                                                                        to any week in which fewer than 4 caregiving hours occurred.
                                                                                           ‘‘(2) RETROACTIVE APPLICATIONS.—In the case of an applica-
                                                                                        tion filed by an individual for a paid family and medical leave
                                                                                        benefit with a benefit period that begins, in accordance with
                                                                                        section 2202(b)(2), with a month that ends before the date on
                                                                                        which such application is filed, the individual may include with
                                                                                        such application the information described in the second sen-
                                                                                        tence of paragraph (1) with respect to each week in the benefit




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        period that ends before such date.
                                                                                    ‘‘(d) DETERMINATIONS AND NOTICE REQUIREMENTS.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00014   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2001

                                                                                            ‘‘(1) INITIAL APPLICATION.—
                                                                                                  ‘‘(A) IN GENERAL.—The Secretary shall determine the
                                                                                               initial eligibility of an individual applying for benefits
                                                                                               under this title in accordance with section 2202.
                                                                                                  ‘‘(B) NOTICES.—To ensure payment of benefits in the cor-
                                                                                               rect amount and that beneficiaries are aware of the right
                                                                                               to appeal a benefit determination of the Secretary—
                                                                                                        ‘‘(i) not later than 15 days after each application for
                                                                                                     benefits from an individual under this title is filed, the
                                                                                                     Secretary shall provide notice to the individual of—
                                                                                                               ‘‘(I) the initial determination of eligibility for
                                                                                                            such benefits;
                                                                                                               ‘‘(II)(aa) the calendar quarter that begins the
                                                                                                            period described in section 2202(a)(3) with respect
                                                                                                            to the individual, the 8 calendar quarters used to
                                                                                                            compute the individual’s average weekly earnings
                                                                                                            under section 2203(b)(3), and the wages and self-
                                                                                                            employment income received by the individual
                                                                                                            during each of those 8 quarters as recorded by the
                                                                                                            Secretary; and
                                                                                                               ‘‘(bb) the individual’s right under section
                                                                                                            2203(b)(4) to submit more recent or additional evi-
                                                                                                            dence of such wages or self-employment income,
                                                                                                            including a statement that eligibility could change
                                                                                                            or benefits could increase if such additional evi-
                                                                                                            dence results in more recent or higher average
                                                                                                            weekly earnings;
                                                                                                               ‘‘(III) the estimated weekly benefit amount for a
                                                                                                            week to which 4 caregiving hours of the individual
                                                                                                            are credited;
                                                                                                               ‘‘(IV) the estimated weekly benefit amount for a
                                                                                                            week to which a number of caregiving hours are
                                                                                                            credited equal to the number of hours in a regular
                                                                                                            workweek of the individual (as determined in sub-
                                                                                                            section 2203(d));
                                                                                                               ‘‘(V) the number of caregiving hours credited to
                                                                                                            weeks ending prior to the date of such application;
                                                                                                               ‘‘(VI) the beginning and ending dates of the indi-
                                                                                                            vidual’s benefit period; and
                                                                                                               ‘‘(VII) the individual’s right to appeal such ini-
                                                                                                            tial determination in accordance with the provi-
                                                                                                            sions of section 2205; and
                                                                                                        ‘‘(ii) in any case in which an individual submits ad-
                                                                                                     ditional information with respect to such an applica-
                                                                                                     tion, the Secretary shall provide an updated notice to
                                                                                                     the individual containing the same information pro-
                                                                                                     vided in the notice described in clause (i), including a
                                                                                                     specific indication of any such information that has
                                                                                                     been updated as a result of the additional information
                                                                                                     submitted by the individual.
                                                                                            ‘‘(2) MONTHLY BENEFIT DETERMINATIONS.—
                                                                                                  ‘‘(A) IN GENERAL.—On the basis of the information filed




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               with the Secretary pursuant to subsection (c), the Sec-
                                                                                               retary shall determine, with respect to an individual for




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00015   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2002

                                                                                              each week ending in a month, the number of caregiving
                                                                                              hours to be credited to such week in accordance with sec-
                                                                                              tion 2203(c).
                                                                                                 ‘‘(B) NOTICES.—To ensure payment of benefits in the cor-
                                                                                              rect amount and that beneficiaries are aware of the right
                                                                                              to appeal a benefit determination of the Secretary, not
                                                                                              later than 15 days after each periodic benefit claim report
                                                                                              from an individual is filed (or after filing of initial applica-
                                                                                              tion for retroactive benefits), the Secretary shall provide
                                                                                              notice to the individual specifying—
                                                                                                       ‘‘(i) whether payment will be made to the individual
                                                                                                    for each week to which such periodic benefit claim re-
                                                                                                    port pertains and the amount of such payment;
                                                                                                       ‘‘(ii) if the Secretary determines that payment will
                                                                                                    not be made for a week or that payment will be made
                                                                                                    based on a number of caregiving hours credited to the
                                                                                                    week inconsistent with the number of caregiving hours
                                                                                                    specified for such week in such periodic benefit claim
                                                                                                    report (or initial application), the reasons for such de-
                                                                                                    termination; and
                                                                                                       ‘‘(iii) the individual’s right to appeal such determina-
                                                                                                    tion in accordance with the provisions of section 2205.
                                                                                           ‘‘(3) CHANGING CIRCUMSTANCES.—The Secretary shall issue
                                                                                         regulations to establish a process under which an individual
                                                                                         may notify the Secretary if more than one type of circumstance
                                                                                         gives rise to the need for caregiving hours during the individ-
                                                                                         ual’s benefit period. Such caregiving hours shall be credited to
                                                                                         weeks within the benefit period in accordance with section
                                                                                         2203(c) regardless of circumstance.
                                                                                           ‘‘(4) ACCESSIBILITY OF NOTICES.—The Secretary shall take
                                                                                         such actions as are necessary to ensure that any notice to one
                                                                                         or more individuals issued pursuant to this title by the Sec-
                                                                                         retary is written in simple and clear language.
                                                                                     ‘‘(e) CERTIFICATION OF PAYMENT.—Not later than 15 days after
                                                                                  the making of a determination under subsection (d)(2)(A) with re-
                                                                                  spect to the number of caregiving hours of an individual to be cred-
                                                                                  ited to weeks ending in a month, the Secretary shall certify pay-
                                                                                  ment to such individual of the amount of the paid family and med-
                                                                                  ical leave benefit for such month.
                                                                                     ‘‘(f) EXPEDITED BENEFIT PAYMENT IN CASES OF MISSING PAY-
                                                                                  MENT.—The Secretary shall establish and put into effect procedures
                                                                                  under which expedited payment of benefits under this title will be
                                                                                  made to an individual to whom a benefit payment was due for a
                                                                                  month but was not received by the individual.
                                                                                     ‘‘(g) SUBMISSION OF REQUIRED INFORMATION.—
                                                                                           ‘‘(1) BY PHONE, MAIL, OR ELECTRONIC MEANS.—To ensure full
                                                                                         access to benefits by all eligible individuals, applicable paid
                                                                                         leave information with respect to an individual may be sub-
                                                                                         mitted to the Secretary by phone, mail, or electronic means.
                                                                                           ‘‘(2) BY ANY PERSON.—Any person may submit applicable
                                                                                         paid leave information with respect to an individual, including,
                                                                                         as applicable, the individual’s representative, the individual’s




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         employer, or any relevant authority identified under subsection
                                                                                         (b)(2). The Secretary shall promptly notify an individual when-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00016   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2003

                                                                                         ever any other person submits such information on the individ-
                                                                                         ual’s behalf.
                                                                                            ‘‘(3) NOTICE OF RECEIPT.—The Secretary shall provide
                                                                                         prompt notice of receipt of all applicable paid leave information
                                                                                         submitted with respect to an individual.
                                                                                            ‘‘(4) DEFINITION OF APPLICABLE PAID LEAVE INFORMATION.—
                                                                                         For purposes of this subsection, the term ‘applicable paid leave
                                                                                         information’ means, with respect to an individual, any informa-
                                                                                         tion submitted to the Secretary with respect to the paid family
                                                                                         and medical leave benefits of the individual, including any ini-
                                                                                         tial application, periodic benefit claim report, appeal, and any
                                                                                         other information submitted in support of such application, re-
                                                                                         port, or appeal.
                                                                                  ‘‘SEC. 2205. APPEALS.
                                                                                     ‘‘(a) IN GENERAL.—An individual shall have the right—
                                                                                           ‘‘(1) to appeal to the Secretary any determination made with
                                                                                        respect to—
                                                                                                 ‘‘(A) paid family and medical leave benefits under section
                                                                                              2202; and
                                                                                                 ‘‘(B) paid family and medical leave benefits under an em-
                                                                                              ployer-sponsored program described in section 2210 whose
                                                                                              initial appeal pursuant to subsection (b)(1)(F)(iii)(I) of such
                                                                                              section results in a determination unfavorable to the indi-
                                                                                              vidual; and
                                                                                           ‘‘(2) to appeal any final decision of the Secretary by a civil
                                                                                        action brought in the district court of the United States for the
                                                                                        judicial district in which the plaintiff resides, or in which the
                                                                                        principal place of business of the plaintiff sits, or, if the plain-
                                                                                        tiff does not reside or such principal place of business does not
                                                                                        sit within any such judicial district, in the United States Dis-
                                                                                        trict Court for the District of Columbia.
                                                                                    ‘‘(b) PROCEDURES.—The Secretary shall establish procedures for
                                                                                  appeals of such determinations that ensure that appeals will be
                                                                                  heard in a timely manner by a decisionmaker who is different from
                                                                                  the initial decisionmaker using procedures that are similar to the
                                                                                  procedures used for appeals of determinations under the Medicare
                                                                                  Low-Income Subsidy program described under section 1860D-
                                                                                  14(a)(3)(B)(iv)(II).
                                                                                    ‘‘(c) AUTHORITY TO ISSUE AND ENFORCE SUBPOENAS.—
                                                                                           ‘‘(1) IN GENERAL.—For the purpose of any hearing, investiga-
                                                                                        tion, or other proceeding authorized or directed under this
                                                                                        title, the Secretary shall have power to issue subpoenas requir-
                                                                                        ing the attendance and testimony of witnesses and the produc-
                                                                                        tion of any evidence that relates to any matter under investiga-
                                                                                        tion or in question before the Secretary. Such attendance of
                                                                                        witnesses and production of evidence at the designated place of
                                                                                        such hearing, investigation, or other proceeding may be re-
                                                                                        quired from any place in the United States or in any Territory
                                                                                        or possession thereof.
                                                                                           ‘‘(2) SERVICE; WITNESSES.—Subpoenas of the Secretary shall
                                                                                        be served by anyone authorized by the Secretary—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(A) by delivering a copy thereof to the individual named
                                                                                              therein; or




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00017   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2004

                                                                                                 ‘‘(B) by registered mail or by certified mail addressed to
                                                                                              such individual at his last dwelling place or principal place
                                                                                              of business.
                                                                                         A verified return by the individual serving the subpoena set-
                                                                                         ting forth the manner of service, or, in the case of service by
                                                                                         registered mail or by certified mail, the return post-office re-
                                                                                         ceipt therefor signed by the individual so served, shall be proof
                                                                                         of service. Witnesses so subpoenaed shall be paid the same fees
                                                                                         and mileage as are paid witnesses in the district courts of the
                                                                                         United States.
                                                                                           ‘‘(3) CONTUMACY OR REFUSAL TO OBEY A SUBPOENA.—
                                                                                                 ‘‘(A) IN GENERAL.—In case of contumacy by, or refusal to
                                                                                              obey a subpoena duly served upon, any person, any district
                                                                                              court of the United States for the judicial district in which
                                                                                              the person charged with contumacy or refusal to obey is
                                                                                              found or resides or transacts business, upon application by
                                                                                              the Secretary, shall have jurisdiction to issue an order re-
                                                                                              quiring such person to appear and give testimony, or to ap-
                                                                                              pear and produce evidence, or both. Any failure to obey
                                                                                              such order of the court may be punished by the court as
                                                                                              contempt thereof.
                                                                                                 ‘‘(B) TREATMENT OF EMPLOYERS.—In the case of contu-
                                                                                              macy by, or refusal to obey a subpoena duly served upon,
                                                                                              any employer, the Secretary shall impose such penalties
                                                                                              against the employer as the Secretary determines may
                                                                                              apply pursuant to section 2210(f).
                                                                                  ‘‘SEC. 2206. STEWARDSHIP.
                                                                                     ‘‘(a) PROMOTING EQUITY.—The Secretary shall conduct a robust
                                                                                  program to analyze and prevent disparities on the basis of race,
                                                                                  color, ethnicity, religion, sex, sexual orientation, gender identity,
                                                                                  disability, age, national origin, family composition, or living ar-
                                                                                  rangements with respect to the benefits provided under this title
                                                                                  and individuals’ access to such benefits.
                                                                                    ‘‘(b) UNDERPAYMENTS AND OVERPAYMENTS.—
                                                                                          ‘‘(1) IN GENERAL.—Whenever the Secretary determines that
                                                                                       more or less than the correct amount of payment has been
                                                                                       made to any individual under this title, the Secretary shall
                                                                                       promptly notify the individual of such determination and in-
                                                                                       form the individual of the right to appeal such determination
                                                                                       in accordance with the provisions of section 2205. Proper ad-
                                                                                       justment or recovery shall be made, under regulations pre-
                                                                                       scribed by the Secretary, as follows:
                                                                                                ‘‘(A) UNDERPAYMENTS.—With respect to payment to an
                                                                                             individual of less than the correct amount, the Secretary
                                                                                             shall promptly pay the balance of the amount due to such
                                                                                             underpaid individual.
                                                                                                ‘‘(B) OVERPAYMENTS.—
                                                                                                      ‘‘(i) IN GENERAL.—With respect to payment to an in-
                                                                                                   dividual of more than the correct amount, the Sec-
                                                                                                   retary shall decrease any payment for a month under
                                                                                                   this title to which such overpaid individual is entitled
                                                                                                   (except that the weekly benefit amounts for each week




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                   ending during such month as determined under sec-
                                                                                                   tion 2203(a) may not be decreased below the amount




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00018   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2005

                                                                                                  specified in clause (ii) with respect to such weekly ben-
                                                                                                  efit amounts of the individual), or shall require such
                                                                                                  overpaid individual to refund the amount in excess of
                                                                                                  the correct amount, or shall apply any combination of
                                                                                                  the foregoing.
                                                                                                     ‘‘(ii) LIMITATION ON RECOVERY.—
                                                                                                            ‘‘(I) AMOUNT SPECIFIED.—The amount specified
                                                                                                         in this clause with respect to a weekly benefit
                                                                                                         amount of an individual for a week is an amount
                                                                                                         equal to the weekly benefit amount that would be
                                                                                                         determined for the individual for such week under
                                                                                                         section 2203(a) if the individual’s weekly benefit
                                                                                                         rate (as determined under section 2203(b)) were
                                                                                                         equal to the applicable dollar amount as deter-
                                                                                                         mined under subclause (II).
                                                                                                            ‘‘(II) APPLICABLE DOLLAR AMOUNT.—For pur-
                                                                                                         poses of subclause (I), the applicable dollar
                                                                                                         amount is—
                                                                                                                  ‘‘(aa) with respect to a weekly benefit
                                                                                                                amount determined for a week ending in a
                                                                                                                month in or before calendar year 2024, $315;
                                                                                                                and
                                                                                                                  ‘‘(bb) with respect to a weekly benefit
                                                                                                                amount determined for a week ending in a
                                                                                                                month in any calendar year after 2024, the
                                                                                                                corresponding amount established with re-
                                                                                                                spect to a weekly benefit amount determined
                                                                                                                for a week ending in a month in the calendar
                                                                                                                year preceding such calendar year or, if larg-
                                                                                                                er, the product of the corresponding amount
                                                                                                                specified in item (aa) with respect to a weekly
                                                                                                                benefit amount determined for a week ending
                                                                                                                in a month in calendar year 2024 multiplied
                                                                                                                by the quotient obtained by dividing—
                                                                                                                       ‘‘(AA) the national average wage index
                                                                                                                     (as defined in section 2212) for the second
                                                                                                                     calendar year preceding such calendar
                                                                                                                     year, by
                                                                                                                       ‘‘(BB) the national average wage index
                                                                                                                     (as so defined) for 2022.
                                                                                           ‘‘(2) WAIVER OF CERTAIN OVERPAYMENTS.—In any case in
                                                                                         which more than the correct amount of payment has been
                                                                                         made, there shall be no adjustment of payments to, or recovery
                                                                                         by the United States from, any individual who was without
                                                                                         fault in connection with the overpayment if such adjustment or
                                                                                         recovery would defeat the purpose of this title or would be
                                                                                         against equity and good conscience, or would impede efficient
                                                                                         or effective administration of this title, as determined by the
                                                                                         Secretary under procedures to be established by the Secretary.
                                                                                           ‘‘(3) LIABILITY OF CERTIFYING OR DISBURSING OFFICER.—No
                                                                                         certifying or disbursing officer shall be held liable for any
                                                                                         amount certified or paid by him to any individual where the




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         adjustment or recovery of such amount is waived under para-
                                                                                         graph (2), or where adjustment under paragraph (1) is not




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00019   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2006

                                                                                           completed prior to the death of the individual against whose
                                                                                           benefits deductions are authorized.
                                                                                       ‘‘(c) PENALTIES AND OTHER PROCEDURES.—
                                                                                             ‘‘(1) IN GENERAL.—Whoever—
                                                                                                   ‘‘(A) knowingly and willfully makes or causes to be made
                                                                                                any false statement or representation of a material fact in
                                                                                                any application for any benefit under this title,
                                                                                                   ‘‘(B) at any time knowingly and willfully makes or
                                                                                                causes to be made any false statement or representation of
                                                                                                a material fact for use in determining rights to any such
                                                                                                benefit,
                                                                                                   ‘‘(C) having knowledge of the occurrence of any event af-
                                                                                                fecting (A) his initial or continued right to any such ben-
                                                                                                efit, or (B) the initial or continued right to any such ben-
                                                                                                efit of any other individual in whose behalf he has applied
                                                                                                for or is receiving such benefit, conceals or fails to disclose
                                                                                                such event with an intent fraudulently to secure such ben-
                                                                                                efit either in a greater amount or quantity than is due or
                                                                                                when no such benefit is authorized,
                                                                                                   ‘‘(D) having made application to receive any such benefit
                                                                                                for the use and benefit of another and having received it,
                                                                                                knowingly and willfully converts such benefit or any part
                                                                                                thereof to a use other than for the use and benefit of such
                                                                                                other person, or
                                                                                                   ‘‘(E) conspires to commit any offense described in any of
                                                                                                subparagraphs (A) through (C),
                                                                                           shall be fined under title 18, United States Code, imprisoned
                                                                                           not more than 5 years, or both.
                                                                                             ‘‘(2) EXCLUSION FROM PARTICIPATION.—
                                                                                                   ‘‘(A) IN GENERAL.—No person or entity who is convicted
                                                                                                of a violation of paragraph (1) may represent, or submit
                                                                                                evidence on behalf of, an individual applying for, or receiv-
                                                                                                ing, benefits under this title.
                                                                                                   ‘‘(B) NOTICE, EFFECTIVE DATE, AND PERIOD OF EXCLU-
                                                                                                SION.—
                                                                                                         ‘‘(i) IN GENERAL.—An exclusion under this para-
                                                                                                      graph shall be effective at such time, for such period,
                                                                                                      and upon such reasonable notice to the public and to
                                                                                                      the individual excluded as may be specified in regula-
                                                                                                      tions consistent with clause (ii).
                                                                                                         ‘‘(ii) EFFECTIVE DATE.—Such an exclusion shall be
                                                                                                      effective with respect to services furnished to any indi-
                                                                                                      vidual on or after the effective date of the exclusion.
                                                                                                      Nothing in this paragraph may be construed to pre-
                                                                                                      clude consideration of any medical evidence derived
                                                                                                      from services provided by a health care provider before
                                                                                                      the effective date of the exclusion of the health care
                                                                                                      provider under this paragraph.
                                                                                                         ‘‘(iii) PERIOD OF EXCLUSION.—
                                                                                                                ‘‘(I) IN GENERAL.—The Secretary shall specify, in
                                                                                                             the notice of exclusion under clause (i), the period
                                                                                                             of the exclusion.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                                ‘‘(II) PREVIOUS OFFENSE.—In the case of the ex-
                                                                                                             clusion of a person or entity under subparagraph




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00020   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2007

                                                                                                           (A) who has previously been subject to an exclu-
                                                                                                           sion under such subparagraph—
                                                                                                                    ‘‘(aa) if the person or entity has previously
                                                                                                                  been subject to such an exclusion only once,
                                                                                                                  the period of exclusion shall be not less than
                                                                                                                  10 years; and
                                                                                                                    ‘‘(bb) if the person or entity has previously
                                                                                                                  been subject to such an exclusion more than
                                                                                                                  once, the exclusion shall be permanent.
                                                                                                 ‘‘(C) NOTICE TO STATE LICENSING AGENCIES.—The Sec-
                                                                                               retary shall—
                                                                                                       ‘‘(i) promptly notify the appropriate State or local
                                                                                                    agency or authority having responsibility for the li-
                                                                                                    censing or certification of a person or entity excluded
                                                                                                    from participation under this section of the fact and
                                                                                                    circumstances of the exclusion;
                                                                                                       ‘‘(ii) request that appropriate investigations be made
                                                                                                    and sanctions invoked in accordance with applicable
                                                                                                    State law and policy; and
                                                                                                       ‘‘(iii) request that the State or local agency or au-
                                                                                                    thority keep the Secretary fully and currently in-
                                                                                                    formed with respect to any actions taken in response
                                                                                                    to the request.
                                                                                                 ‘‘(D) NOTICE, HEARING, AND JUDICIAL REVIEW.—Any per-
                                                                                               son or entity who is excluded (or directed to be excluded)
                                                                                               from participation under this section is entitled to reason-
                                                                                               able notice and opportunity for a hearing by the Secretary
                                                                                               and to judicial review of such final agency decision to the
                                                                                               same extent as is provided in section 2205.
                                                                                                 ‘‘(E) APPLICATION FOR TERMINATION OF EXCLUSION.—
                                                                                                       ‘‘(i) IN GENERAL.—An individual excluded from par-
                                                                                                    ticipation under this paragraph may apply to the Sec-
                                                                                                    retary, in the manner specified by the Secretary in
                                                                                                    regulations and at the end of the period of exclusion
                                                                                                    provided under subparagraph (B)(iii) and at such
                                                                                                    other times as the Secretary may provide, for termi-
                                                                                                    nation of the exclusion effected under this paragraph.
                                                                                                       ‘‘(ii) CRITERIA FOR TERMINATION.—The Secretary
                                                                                                    may terminate the exclusion if the Secretary deter-
                                                                                                    mines, on the basis of the conduct of the applicant
                                                                                                    which occurred after the date of the notice of exclusion
                                                                                                    or which was unknown to the Secretary at the time of
                                                                                                    the exclusion, that—
                                                                                                              ‘‘(I) there is no basis under subparagraph (A) for
                                                                                                           a continuation of the exclusion; and
                                                                                                              ‘‘(II) there are reasonable assurances that the
                                                                                                           types of actions which formed the basis for the
                                                                                                           original exclusion have not recurred and will not
                                                                                                           recur.
                                                                                                 ‘‘(F) AVAILABILITY OF RECORDS OF EXCLUDED PERSONS
                                                                                               AND ENTITIES.—Nothing in this section shall be construed
                                                                                               to have the effect of limiting access by any applicant or




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               beneficiary under this title or the Secretary to records
                                                                                               maintained by any person or entity in connection with




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00021   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2008

                                                                                                services provided to the applicant or beneficiary prior to
                                                                                                the exclusion of such person or entity under this para-
                                                                                                graph.
                                                                                                   ‘‘(G) REPORTING REQUIREMENT.—Any person or entity
                                                                                                participating in, or seeking to participate in, the program
                                                                                                under this title shall inform the Secretary, in such form
                                                                                                and manner as the Secretary shall prescribe by regulation,
                                                                                                whether such person or entity has been convicted of a vio-
                                                                                                lation under paragraph (1).
                                                                                       ‘‘(d) REDETERMINATION OF ENTITLEMENT.—
                                                                                             ‘‘(1) IN GENERAL.—
                                                                                                   ‘‘(A) PROCEDURES.—The Secretary shall immediately re-
                                                                                                determine the entitlement of individuals to paid family
                                                                                                and medical leave benefit benefits under this title if there
                                                                                                is reason to believe that fraud or similar fault was in-
                                                                                                volved in the application of the individual for such bene-
                                                                                                fits, unless a United States attorney, or equivalent State
                                                                                                prosecutor, with jurisdiction over potential or actual re-
                                                                                                lated criminal cases, certifies, in writing, that there is a
                                                                                                substantial risk that such action by the Secretary with re-
                                                                                                gard to beneficiaries in a particular investigation would
                                                                                                jeopardize the criminal prosecution of a person involved in
                                                                                                a suspected fraud.
                                                                                                   ‘‘(B) DISREGARD OF CERTAIN EVIDENCE.—When redeter-
                                                                                                mining the entitlement, or making an initial determination
                                                                                                of entitlement, of an individual under this title, the Sec-
                                                                                                retary shall disregard any evidence if there is reason to be-
                                                                                                lieve that fraud or similar fault was involved in the pro-
                                                                                                viding of such evidence.
                                                                                             ‘‘(2) SIMILAR FAULT DESCRIBED.—For purposes of paragraph
                                                                                          (1), similar fault is involved with respect to a determination
                                                                                          if—
                                                                                                   ‘‘(A) an incorrect or incomplete statement that is mate-
                                                                                                rial to the determination is knowingly made; or
                                                                                                   ‘‘(B) information that is material to the determination is
                                                                                                knowingly concealed.
                                                                                             ‘‘(3) TERMINATION OF BENEFITS.—If, after redetermining pur-
                                                                                          suant to this subsection the entitlement of an individual to
                                                                                          monthly insurance benefits, the Secretary determines that
                                                                                          there is insufficient evidence to support such entitlement, the
                                                                                          Secretary may terminate such entitlement and may treat bene-
                                                                                          fits paid on the basis of such insufficient evidence as overpay-
                                                                                          ments.
                                                                                  ‘‘SEC. 2207. FUNDING FOR BENEFIT PAYMENTS, GRANTS, AND PRO-
                                                                                                  GRAM ADMINISTRATION.
                                                                                     ‘‘(a) FUNDING FOR BENEFIT PAYMENTS AND GRANTS.—
                                                                                           ‘‘(1) IN GENERAL.—There are appropriated, out of any funds
                                                                                         in the Treasury not otherwise appropriated, such sums as may
                                                                                         be necessary to pay benefits under section 2202 and for grants
                                                                                         under sections 2209 and 2210, subject to paragraph (2).
                                                                                           ‘‘(2) LIMITATION.—In no case shall a grant under section
                                                                                         2209 exceed a total amount (for all applicable individuals)




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         equivalent to the sum of benefits paid (including, in the case
                                                                                         of a grant under section 2209, the full cost of administering




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00022   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2009

                                                                                        such benefits) for each applicable individual (as described
                                                                                        under paragraph (3)) calculated on the basis of a total number
                                                                                        of hours of leave during the individual’s benefit period equal
                                                                                        to—
                                                                                                 ‘‘(A) the product of 12 multiplied by the number of hours
                                                                                              in a regular workweek of the individual (within the mean-
                                                                                              ing of section 2203(d)), minus
                                                                                                 ‘‘(B) the number of caregiving hours (as defined in sec-
                                                                                              tion 2202(c)) of such individual credited in total to months
                                                                                              during such benefit period under this title.
                                                                                           ‘‘(3) APPLICABLE INDIVIDUAL.—For purposes of paragraph (2),
                                                                                        an ‘applicable individual’ is an individual, with respect to
                                                                                        whom a grant under section 2209 is awarded, receiving paid
                                                                                        family or medical leave benefits for days of leave under a paid
                                                                                        family and medical leave benefit program of a legacy State (as
                                                                                        defined in section 2209(b)).
                                                                                     ‘‘(b) FUNDING FOR PROGRAM ADMINISTRATION.—There are appro-
                                                                                  priated, out of any funds in the Treasury not otherwise appro-
                                                                                  priated, such sums as may be necessary for the following purposes
                                                                                  (including through the use of grants or contracts except where oth-
                                                                                  erwise specified):
                                                                                           ‘‘(1) Costs related to taking applications, responding to public
                                                                                        inquiries, assisting with problem resolution, taking requests
                                                                                        for appeals, and the provision of other necessary assistance to
                                                                                        individuals applying for or receiving benefits under this title,
                                                                                        including the following:
                                                                                                 ‘‘(A) Costs related to staffing a national toll-free tele-
                                                                                              phone number (which shall not be carried out through the
                                                                                              use of grants or contracts).
                                                                                                 ‘‘(B) Costs related to technology to support a national
                                                                                              toll-free telephone number and to technology related to the
                                                                                              design, construction and maintenance of an online applica-
                                                                                              tion and customer service portal.
                                                                                                 ‘‘(C) Costs related to mailed notices.
                                                                                           ‘‘(2) Costs related to determining eligibility (which shall not
                                                                                        be carried out through the use of grants or contracts).
                                                                                           ‘‘(3) Costs related to ensuring program integrity and com-
                                                                                        bating fraud, including by issuing regulations to do the fol-
                                                                                        lowing:
                                                                                                 ‘‘(A) Ensure identity validation of applicants and bene-
                                                                                              ficiaries.
                                                                                                 ‘‘(B) Verify the professional credentials of relevant au-
                                                                                              thorities who provide certifications pursuant to section
                                                                                              2204(b)(2).
                                                                                                 ‘‘(C) Ensure the accuracy of any wage and self-employ-
                                                                                              ment income data used in the administration of this title.
                                                                                                 ‘‘(D) Ensure that the attestation requirement in section
                                                                                              2204(b)(3) has been satisfied for each applicant and bene-
                                                                                              ficiary.
                                                                                                 ‘‘(E) Ensure the accuracy of periodic benefit claim re-
                                                                                              ports.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(F) Provide for post-effectuation quality review of ap-
                                                                                              proved claims and quality review of denied claims (which




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00023   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2010

                                                                                               shall not be carried out through the use of grants or con-
                                                                                               tracts).
                                                                                            ‘‘(4) Costs related to certification of payment of benefits
                                                                                         (which shall not be carried out through the use of grants or
                                                                                         contracts).
                                                                                            ‘‘(5) Costs related to appeals (which shall not be carried out
                                                                                         through the use of grants or contracts).
                                                                                            ‘‘(6) Costs related to the administration by the Secretary of
                                                                                         the legacy State grant program under section 2209 and the em-
                                                                                         ployer-sponsored plan grant program under section 2210.
                                                                                            ‘‘(7) Costs related to developing systems of records for pur-
                                                                                         poses of administering the program under this title (which
                                                                                         shall not be carried out through the use of grants or contracts,
                                                                                         except that costs related to technology to support such systems
                                                                                         of records may be carried out through the use of grants or con-
                                                                                         tracts).
                                                                                            ‘‘(8) Costs related to data exchange and sharing, for which
                                                                                         the Secretary shall enter into an agreement with relevant data
                                                                                         sources including the National Directory of New Hires and
                                                                                         shall seek to enter into agreements with States to obtain such
                                                                                         information as the Secretary may require to determine eligi-
                                                                                         bility and benefits payable under section 2202, administer the
                                                                                         grants in sections 2209 and 2210, and verify such other infor-
                                                                                         mation as the Secretary determines may be necessary in car-
                                                                                         rying out the provisions of this title.
                                                                                            ‘‘(9) Costs related to the training of employees, grantees, and
                                                                                         contractors, including training relating to the prevention of dis-
                                                                                         crimination in the administration of this title on the basis of
                                                                                         race, color, ethnicity, religion, sex, sexual orientation, gender
                                                                                         identity, disability, age, national origin, family composition, or
                                                                                         living arrangements.
                                                                                            ‘‘(10) Costs related to providing technical assistance to legacy
                                                                                         States under section 2209 and to employers or third party ad-
                                                                                         ministrators designated by an employer of paid leave programs
                                                                                         under section 2210.
                                                                                            ‘‘(11) Costs related to providing technical assistance to small
                                                                                         business employers with respect to the requirements of the
                                                                                         small business assistance grants in section 2211 and the proc-
                                                                                         ess by which their employees may apply for benefits under sec-
                                                                                         tion 2202; and
                                                                                            ‘‘(12) Any other costs necessary for the effective administra-
                                                                                         tion of this title.
                                                                                  ‘‘SEC. 2208. FUNDING FOR OUTREACH, PUBLIC EDUCATION, AND RE-
                                                                                               SEARCH.
                                                                                     ‘‘(a) FUNDING FOR OUTREACH AND PUBLIC EDUCATION.—There are
                                                                                  appropriated, out of any funds in the Treasury not otherwise ap-
                                                                                  propriated, $150,000,000 for each of fiscal years 2022 through 2026
                                                                                  for the Secretary to, with respect to benefits provided by the pro-
                                                                                  gram under this title—
                                                                                          ‘‘(1) engage in a robust program of culturally and linguis-
                                                                                       tically competent education and outreach toward ensuring
                                                                                       awareness of and access to such benefits;




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          ‘‘(2) provide information to potential beneficiaries regarding
                                                                                       eligibility requirements, the claims process, benefit amounts,




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00024   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2011

                                                                                       maximum benefits payable, notice requirements, the appeals
                                                                                       process, and nondiscrimination rights, including specific ben-
                                                                                       efit estimates based on the average weekly earnings of a poten-
                                                                                       tial beneficiary; and
                                                                                          ‘‘(3) provide employers with a model notice to be used to in-
                                                                                       form employees of the availability of such benefits.
                                                                                    ‘‘(b) FUNDING FOR RESEARCH.—There are appropriated, out of any
                                                                                  funds in the Treasury not otherwise appropriated, $150,000,000 for
                                                                                  each of fiscal years 2023 through 2027 for the Secretary to—
                                                                                          ‘‘(1) develop and carry out grants for research for the purpose
                                                                                       of ensuring full access to the benefits provided by the program
                                                                                       under this title, including through the detection and preven-
                                                                                       tion of disparities on the basis of race, color, ethnicity, religion,
                                                                                       sex, sexual orientation, gender identity, disability, age, na-
                                                                                       tional origin, income, language, job classification, family com-
                                                                                       position, or living arrangements; and
                                                                                          ‘‘(2) annually make available to the public beginning in fiscal
                                                                                       year 2024 a report that includes—
                                                                                                ‘‘(A) the number of individuals who received such bene-
                                                                                             fits;
                                                                                                ‘‘(B) the purposes and durations for which such benefits
                                                                                             were received;
                                                                                                ‘‘(C) an analysis of benefit use by occupation, industry,
                                                                                             wage levels, employer size, and geography;
                                                                                                ‘‘(D) an analysis of disparities identified by the grants
                                                                                             for research authorized under this subsection on the basis
                                                                                             of race, color, ethnicity, religion, sex, sexual orientation,
                                                                                             gender identity, disability, age, national origin, family
                                                                                             composition, or living arrangements;
                                                                                                ‘‘(E) a description of the actions by the Secretary to pre-
                                                                                             vent disparities and ensure full access to the benefits pro-
                                                                                             vided by the program under this title;
                                                                                                ‘‘(F) a comparative analysis of paid family and medical
                                                                                             leave benefits received by individuals through the program
                                                                                             under section 2202, through a legacy State paid family and
                                                                                             medical leave program described in section 2209, or
                                                                                             through an employer-sponsored program described in sec-
                                                                                             tion 2210 that takes into account the number of individ-
                                                                                             uals receiving benefits, the characteristics of the benefits
                                                                                             received, and the patterns of leave-taking under each pro-
                                                                                             gram;
                                                                                                ‘‘(G) the number of employers who received a reimburse-
                                                                                             ment grant under section 2210 and the number of employ-
                                                                                             ees of such employers who received paid family and med-
                                                                                             ical leave benefits under an employer-sponsored program
                                                                                             described in such section; and
                                                                                                ‘‘(H) the number of employers who received one or more
                                                                                             small business assistance grants under section 2211 and
                                                                                             the total number of such grants provided.
                                                                                  ‘‘SEC. 2209. FUNDING FOR STATE ADMINISTRATION OPTION FOR LEG-
                                                                                                ACY STATES.
                                                                                     ‘‘(a) IN GENERAL.—In each calendar year beginning with 2024,




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  the Secretary shall make a grant to each State that, for the cal-
                                                                                  endar year preceding such calendar year (or, in the case of a grant




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00025   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2012

                                                                                  under this section in 2024, for the portion of such preceding cal-
                                                                                  endar year occurring after June 30), was a legacy State and that
                                                                                  met the data sharing requirements of subsection (c), in an amount
                                                                                  equal to the lesser of—
                                                                                          ‘‘(1) an amount, as estimated by the Secretary, in consulta-
                                                                                       tion with the Secretary of Labor, equal to the total amount of
                                                                                       paid family and medical leave benefits that would have been
                                                                                       paid under section 2202 (including the full Federal cost of ad-
                                                                                       ministering such benefits) to individuals who received benefits
                                                                                       under a State program described in subsection (b) during the
                                                                                       calendar year preceding such calendar year (or, in the case of
                                                                                       a grant under this section in 2024, for the portion of such pre-
                                                                                       ceding calendar year occurring after June 30) if the State had
                                                                                       not been a legacy State for such preceding calendar year (or,
                                                                                       in the case of a grant under this section in 2024, for the por-
                                                                                       tion of such preceding calendar year occurring after June 30);
                                                                                       or
                                                                                          ‘‘(2) an amount equal to the total cost of the State paid fam-
                                                                                       ily and medical leave program described in subsection (b) for
                                                                                       the calendar year preceding such calendar year (or, in the case
                                                                                       of a grant under this section in 2024, for the portion of such
                                                                                       preceding calendar year occurring after June 30), including—
                                                                                                ‘‘(A) the total amount of paid family and medical leave
                                                                                             benefits that would have been paid to individuals under
                                                                                             such program for leave that is exempt under such program
                                                                                             on account of being otherwise paid under a program pro-
                                                                                             vided by such individual’s employer; and
                                                                                                ‘‘(B) the full cost to the State of administering such pro-
                                                                                             gram.
                                                                                  In any case in which, during any calendar year, the Secretary has
                                                                                  reason to believe that a State will be a legacy State and meet the
                                                                                  data sharing requirements of subsection (c) for such calendar year,
                                                                                  the Secretary may make estimated payments during such calendar
                                                                                  year of the grant which would be paid to such State in the suc-
                                                                                  ceeding calendar year, to be adjusted as appropriate in the suc-
                                                                                  ceeding calendar year.
                                                                                    ‘‘(b) LEGACY STATE.—For purposes of this section, the term ‘leg-
                                                                                  acy State’ for a calendar year means a State that the Secretary, in
                                                                                  consultation with the Secretary of Labor, determines—
                                                                                          ‘‘(1) has enacted, not later than the date of enactment of this
                                                                                       title, a State law that provides paid family and medical leave
                                                                                       benefits; and
                                                                                          ‘‘(2) for any calendar year that begins on or after the date
                                                                                       that is 3 years after the date of enactment of this title, has in
                                                                                       effect, throughout such calendar year, a State program enacted
                                                                                       into law—
                                                                                                ‘‘(A) that provides paid family and medical leave bene-
                                                                                             fits—
                                                                                                      ‘‘(i) for at least 12 full workweeks of leave during
                                                                                                   each 12-month period to at least all of those individ-
                                                                                                   uals in the State who would be eligible for paid family




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                   and medical leave benefits under section 2202 (with-
                                                                                                   out regard to section 2202(c)(2)(D)) during any part of




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00026   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2013

                                                                                                    such calendar year, provided that such State pro-
                                                                                                    gram—
                                                                                                            ‘‘(I) shall provide paid family and medical leave
                                                                                                          benefits for leave from employment by the State
                                                                                                          or any political subdivision thereof, except that
                                                                                                          any State or local employees subject to a collective
                                                                                                          bargaining agreement may be excluded from such
                                                                                                          coverage with the agreement of 90 percent of the
                                                                                                          employees covered by the collective bargaining
                                                                                                          agreement; and
                                                                                                            ‘‘(II) may provide such benefits for leave from
                                                                                                          Federal employment; and
                                                                                                      ‘‘(ii) at a wage replacement rate that is at least
                                                                                                    equivalent to the wage replacement rate under the
                                                                                                    program under this title (without regard to section
                                                                                                    2202(c)(2)(D)); and
                                                                                                 ‘‘(B) that provides an annual notice to each individual
                                                                                              whose employment would be eligible for such benefits
                                                                                              under the State program.
                                                                                    ‘‘(c) DATA SHARING.—As a condition of receiving a grant under
                                                                                  subsection (a) in a calendar year, a State shall enter into an agree-
                                                                                  ment with the Secretary under which the State shall provide the
                                                                                  Secretary—
                                                                                           ‘‘(1) with information, to be provided periodically as deter-
                                                                                        mined by the Secretary, concerning individuals who received a
                                                                                        paid leave benefit under a State program described in sub-
                                                                                        section (b), including each individual’s name, information to es-
                                                                                        tablish the individual’s identity, dates for which such paid
                                                                                        leave benefits were paid, the amount of such paid leave ben-
                                                                                        efit, and, to the extent available, such other information con-
                                                                                        cerning such individuals as the Secretary may require for the
                                                                                        purpose of carrying out this section and section 2202(c)(2)(D);
                                                                                           ‘‘(2) not later than July 1 of such calendar year, the amount
                                                                                        described in subsection (a)(2) for the calendar year preceding
                                                                                        such calendar year; and
                                                                                           ‘‘(3) such other information as the Secretary determines may
                                                                                        be necessary in carrying out the provisions of this title, includ-
                                                                                        ing for the purposes of promoting equity as described under
                                                                                        section 2206(a) and for research described under section
                                                                                        2208(b).
                                                                                    ‘‘(d) FUNDING FOR TRANSITIONAL COSTS FOR LEGACY STATES.—
                                                                                           ‘‘(1) IN GENERAL.—There are appropriated to the Secretary,
                                                                                        out of any funds in the Treasury not otherwise appropriated,
                                                                                        such sums as necessary for grants in accordance with this sub-
                                                                                        section.
                                                                                           ‘‘(2) TRANSITION GRANTS.—The Secretary shall make a grant
                                                                                        under this subsection to each State that—
                                                                                                 ‘‘(A) is a legacy State for the calendar year in which oc-
                                                                                              curs the date of enactment of this title;
                                                                                                 ‘‘(B) certifies to the Secretary that the State intends to
                                                                                              remain a legacy State and meet the data sharing require-
                                                                                              ments of subsection (c) at least through the first calendar




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              year that begins on or after the date that is 3 years after
                                                                                              the date of enactment of this title; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00027   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2014

                                                                                                  ‘‘(C) agrees to repay the full amount of such grant if the
                                                                                               State fails to remain a legacy State and meet the data
                                                                                               sharing requirements of subsection (c) as certified in sub-
                                                                                               paragraph (B).
                                                                                            ‘‘(3) AMOUNT OF GRANT.—The amount of a grant provided to
                                                                                         a State under this subsection shall be equal to 1⁄2 of the sum
                                                                                         of the State’s expenditures from the date of enactment of this
                                                                                         title through the calendar year described in paragraph (2)(B)
                                                                                         on—
                                                                                                  ‘‘(A) the costs of creating new information technology
                                                                                               systems as needed to implement the data sharing require-
                                                                                               ments of subsection (c) (including staffing costs related to
                                                                                               such systems); and
                                                                                                  ‘‘(B) other necessary costs incurred by the State to meet
                                                                                               the requirements of subsection (b)(2)(A)(ii).
                                                                                            ‘‘(4) ESTIMATED ADVANCE PAYMENTS.—The Secretary may
                                                                                         make estimated payments of a grant provided to a State under
                                                                                         this subsection for any calendar year, to be adjusted as appro-
                                                                                         priate in the succeeding calendar year.
                                                                                  ‘‘SEC. 2210. REIMBURSEMENT OPTION FOR EMPLOYER-SPONSORED
                                                                                               PAID LEAVE BENEFITS.
                                                                                     ‘‘(a) IN GENERAL.—For each calendar year beginning with 2023,
                                                                                  the Secretary shall make a grant to each employer that is an eligi-
                                                                                  ble employer for such calendar year in an amount equal to—
                                                                                         ‘‘(1) in the case of an eligible employer sponsoring a paid
                                                                                       family and medical leave benefit program with respect to
                                                                                       which benefits are awarded and paid under a contract with an
                                                                                       insurer, an amount equal to 90 percent of the product of—
                                                                                               ‘‘(A) the projected national average cost per employee of
                                                                                            providing paid family and medical leave benefits as deter-
                                                                                            mined by the Secretary for such calendar year under sub-
                                                                                            section (c)(3) (or, in the case of calendar year 2023, 1⁄2 of
                                                                                            such projected national average cost); multiplied by
                                                                                               ‘‘(B) the number of employees (pro-rated for part-time
                                                                                            employees) covered under the program for such calendar
                                                                                            year (or, in the case of calendar year 2023, for the portion
                                                                                            of such calendar year occurring after June 30); and
                                                                                         ‘‘(2) in the case of an eligible employer sponsoring a self-in-
                                                                                       sured paid family and medical leave benefit program with re-
                                                                                       spect to which benefits are awarded and paid directly by the
                                                                                       employer (or by a third party administrator on behalf of the
                                                                                       employer), an amount equal to 90 percent of—
                                                                                               ‘‘(A) the amount of benefits paid under the program for
                                                                                            such calendar year to individuals for up to 12 weeks of
                                                                                            leave per individual (or, in the case of calendar year 2023,
                                                                                            for the portion of such calendar year occurring after June
                                                                                            30); or
                                                                                               ‘‘(B) if lesser, the product of the national average weekly
                                                                                            benefit amount paid under section 2203(a) during such cal-
                                                                                            endar year (or, in the case of calendar year 2023, during
                                                                                            the portion of such calendar year occurring after June 30)




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                            multiplied by the number of weeks of leave (up to 12 per
                                                                                            individual) paid by the employer for all individuals under




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00028   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2015

                                                                                                the program for the calendar year (or such portion in the
                                                                                                case of calendar year 2023).
                                                                                       ‘‘(b) ELIGIBILITY; APPLICATION REQUIREMENTS.—
                                                                                             ‘‘(1) IN GENERAL.—For purposes of subsection (a), an eligible
                                                                                          employer for a calendar year is an employer (other than the
                                                                                          Federal Government or the government of any State (or polit-
                                                                                          ical subdivision thereof) that is a legacy State for such cal-
                                                                                          endar year under section 2209) that satisfies all of the fol-
                                                                                          lowing requirements:
                                                                                                   ‘‘(A) NON-LEGACY STATE EMPLOYEES.—The employer has
                                                                                                one or more employees during such calendar year whose
                                                                                                employment with such employer would not be eligible for
                                                                                                paid family or medical leave benefits under the law of any
                                                                                                legacy State (as defined in section 2209(b)) for such cal-
                                                                                                endar year.
                                                                                                   ‘‘(B) APPLICATION; SUBMISSION OF REQUIRED INFORMA-
                                                                                                TION.—Not later than the certification deadline specified in
                                                                                                paragraph (2)(A) for such calendar year, the employer—
                                                                                                         ‘‘(i) notifies the Secretary that the employer intends
                                                                                                      to seek a grant under this section for such calendar
                                                                                                      year;
                                                                                                         ‘‘(ii) certifies to the Secretary that the employer will
                                                                                                      have in effect during such calendar year a paid family
                                                                                                      and medical leave benefit program that meets the re-
                                                                                                      quirements of subsection (c) and, not later than the
                                                                                                      submission deadline specified in paragraph (2)(B) for
                                                                                                      such calendar year, provides all documentation relat-
                                                                                                      ing to such program as the Secretary may request;
                                                                                                      and
                                                                                                         ‘‘(iii) pays an application fee of $1,000 (or $200 in
                                                                                                      the case of a renewed application).
                                                                                                   ‘‘(C) APPROVAL BY THE SECRETARY.—The paid family and
                                                                                                medical leave benefit program referred to in subparagraph
                                                                                                (B) is subsequently approved by the Secretary as meeting
                                                                                                all applicable requirements.
                                                                                                   ‘‘(D) INFORMATION SUBMISSION REQUIREMENT.—At the
                                                                                                time of application for such grant for each calendar year,
                                                                                                the employer—
                                                                                                         ‘‘(i) submits to the Secretary—
                                                                                                                ‘‘(I) an attestation that the paid family and med-
                                                                                                             ical leave benefit program referred to in subpara-
                                                                                                             graph (B) will remain in effect during the whole
                                                                                                             of such calendar year (or, in the case of a program
                                                                                                             not in effect at the beginning of such calendar
                                                                                                             year, an attestation that such program will re-
                                                                                                             main in effect until the end of such calendar year);
                                                                                                             and
                                                                                                                ‘‘(II) with respect to each employee of the em-
                                                                                                             ployer covered by the program for such calendar
                                                                                                             year, the employee’s name, information to estab-
                                                                                                             lish the employee’s identity, and in the case of a
                                                                                                             part-time employee (for purposes of determining




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                             the number of employees (pro-rated for part-time
                                                                                                             employees) covered under the program for such




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00029   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2016

                                                                                                           calendar year under subsection (a)(1)(B)), the
                                                                                                           number of hours the employee regularly works in
                                                                                                           a week; and
                                                                                                       ‘‘(ii) agrees to submit information to the Secretary as
                                                                                                    described in subsection (e).
                                                                                                 ‘‘(E) MAINTENANCE OF RECORDS.—The employer agrees
                                                                                               to retain all records relating to the employer’s paid family
                                                                                               and medical leave benefit program for not less than 3
                                                                                               years.
                                                                                                 ‘‘(F) JOB PROTECTIONS AND OTHER EMPLOYEE RIGHTS.—
                                                                                               As a condition of the grant, the employer agrees—
                                                                                                       ‘‘(i) that, on return from leave under the program
                                                                                                    described in subparagraph (B), the individual taking
                                                                                                    such leave will—
                                                                                                              ‘‘(I) be restored by the employer to the position
                                                                                                           of employment held by the individual when the
                                                                                                           leave commenced; or
                                                                                                              ‘‘(II) be restored to an equivalent position with
                                                                                                           equivalent employment benefits, pay, and other
                                                                                                           terms and conditions of employment;
                                                                                                       ‘‘(ii) to maintain coverage for the individual under
                                                                                                    any ‘group health plan’ (as defined in section 2212) for
                                                                                                    the duration of such leave at the level and under the
                                                                                                    conditions coverage would have been provided if the
                                                                                                    individual had continued in employment continuously
                                                                                                    for the duration of such leave;
                                                                                                       ‘‘(iii) in any case in which an employee receives an
                                                                                                    adverse determination from the employer (or admin-
                                                                                                    istering entity) with respect to paid family and med-
                                                                                                    ical leave benefits under the program described in sub-
                                                                                                    paragraph (B)—
                                                                                                              ‘‘(I) to provide opportunity for the employee to
                                                                                                           appeal such adverse determination to the em-
                                                                                                           ployer (or administering entity); and
                                                                                                              ‘‘(II) in any case in which the employee elects to
                                                                                                           appeal the results of such initial appeal to the
                                                                                                           Secretary pursuant to section 2205(a)(1)(B) and
                                                                                                           the final decision of the Secretary is in the em-
                                                                                                           ployee’s favor, to provide for the payment of such
                                                                                                           paid family and medical leave benefits in addition
                                                                                                           to the costs to the Secretary of such secondary ap-
                                                                                                           peal;
                                                                                                       ‘‘(iv) to provide annual notice to all employees of the
                                                                                                    availability of paid family and medical leave benefits
                                                                                                    under the program described in subparagraph (B) and
                                                                                                    of the right to appeal any adverse determination with
                                                                                                    respect to such benefits; and
                                                                                                       ‘‘(v) not to impose any fee on any employee related
                                                                                                    to the receipt of paid family and medical leave benefits
                                                                                                    under the program described in subparagraph (B).




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(G) ADDITIONAL ASSURANCES.—The employer provides
                                                                                               assurances that the employer (or administering entity)—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00030   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2017

                                                                                                          ‘‘(i) will not interfere with, restrain, or deny the ex-
                                                                                                       ercise of, or the attempt to exercise, any right provided
                                                                                                       under such policy;
                                                                                                          ‘‘(ii) will notify an employee in any case in which the
                                                                                                       employee is provided reimbursable benefits; and
                                                                                                          ‘‘(iii) will not discharge, or in any other manner dis-
                                                                                                       criminate against, any individual for opposing any
                                                                                                       practice prohibited by such policy.
                                                                                                    ‘‘(H) SPECIAL CONDITIONS IN THE CASE OF CERTAIN EM-
                                                                                                 PLOYERS.—
                                                                                                          ‘‘(i) SELF-INSURED PRIVATE EMPLOYERS.—In the case
                                                                                                       of a paid family and medical leave benefit program of
                                                                                                       an employer (other than a State or political subdivi-
                                                                                                       sion thereof) with respect to which benefits are award-
                                                                                                       ed and paid directly by the employer (or by a third
                                                                                                       party administrator on behalf of the employer)—
                                                                                                                 ‘‘(I) such employer employs at least 50 employ-
                                                                                                              ees described in subparagraph (A);
                                                                                                                 ‘‘(II) such benefits are guaranteed by a surety
                                                                                                              bond held by the employer; and
                                                                                                                 ‘‘(III) such employer (or administering entity)
                                                                                                              holds funds in a dedicated account for such bene-
                                                                                                              fits not used for any other business purpose.
                                                                                                          ‘‘(ii) SELF-INSURED STATE AND LOCAL EMPLOYERS.—
                                                                                                       In the case of a paid family and medical leave benefit
                                                                                                       program of an employer that is a State (or political
                                                                                                       subdivision thereof) with respect to which benefits are
                                                                                                       awarded and paid directly by the employer (or by a
                                                                                                       third party administrator on behalf of the employer),
                                                                                                       such benefits are negotiated pursuant to a collective
                                                                                                       bargaining agreement.
                                                                                              ‘‘(2) TIMING OF APPLICATION.—
                                                                                                    ‘‘(A) CERTIFICATION.—The certification deadline specified
                                                                                                 in this subparagraph for a calendar year is—
                                                                                                          ‘‘(i) for calendar year 2023, March 31, 2023; and
                                                                                                          ‘‘(ii) for any calendar year after 2023, 90 days before
                                                                                                       the beginning of such calendar year,
                                                                                                 or, if later, the date that is 90 days before a plan described
                                                                                                 in paragraph (1)(B) first goes into effect.
                                                                                                    ‘‘(B) SUBMISSION OF DOCUMENTATION.—The submission
                                                                                                 deadline specified in this subparagraph for a calendar year
                                                                                                 is—
                                                                                                          ‘‘(i) for calendar year 2023, May 15, 2023; and
                                                                                                          ‘‘(ii) for any calendar year after 2023, 45 days before
                                                                                                       the beginning of such calendar year,
                                                                                                 or, if later, the date that is 45 days before a plan described
                                                                                                 in paragraph (1)(B) first goes into effect.
                                                                                       ‘‘(c) EMPLOYER PROGRAM REQUIREMENTS.—
                                                                                              ‘‘(1) IN GENERAL.—A paid family and medical leave benefit
                                                                                           program shall not be considered to meet the requirements of
                                                                                           this subsection unless such program consists of a written em-
                                                                                           ployer policy that provides for the payment, through one or




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           more employee benefit plans, of family and medical leave bene-
                                                                                           fits, which may be guaranteed through an insurer and which




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00031   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2018

                                                                                         may be administered by an insurer or by another third-party
                                                                                         entity, that includes each element in the model template de-
                                                                                         scribed in paragraph (2), and that provides for each of the fol-
                                                                                         lowing:
                                                                                                 ‘‘(A) The provision of such benefits to all employees de-
                                                                                              scribed in subsection (b)(1)(A), regardless of length of serv-
                                                                                              ice, job type, membership in a labor organization, seniority
                                                                                              status, or any other employee classification.
                                                                                                 ‘‘(B) Each of the job protections and other employee
                                                                                              rights described in subsection (b)(1)(F).
                                                                                                 ‘‘(C) Each of the assurances described in subsection
                                                                                              (b)(1)(G).
                                                                                                 ‘‘(D) Submission of information to the Secretary as de-
                                                                                              scribed in subsection (e).
                                                                                           ‘‘(2) MODEL TEMPLATE.—Not later than July 1, 2022, the Sec-
                                                                                         retary shall make available to eligible employers a model tem-
                                                                                         plate of a written policy providing paid family and medical
                                                                                         leave benefits—
                                                                                                 ‘‘(A) at a wage replacement rate that is at least as great
                                                                                              as the wage replacement rate that an employee would re-
                                                                                              ceive under the program under this title (without regard
                                                                                              to section 2202(c)(2)(C));
                                                                                                 ‘‘(B) for a total number of weeks of paid leave that is at
                                                                                              least as great as the total number of weeks of paid leave
                                                                                              that an employee would receive under the program under
                                                                                              this title (without regard to such section);
                                                                                                 ‘‘(C) for all of the reasons for which an individual would
                                                                                              be considered to be engaged in qualified caregiving under
                                                                                              section 2202(c)(2)(A), regardless of any pre-existing med-
                                                                                              ical conditions;
                                                                                                 ‘‘(D) for leave which may be taken intermittently or on
                                                                                              a reduced leave schedule;
                                                                                                 ‘‘(E) that does not impose any fee on any employee re-
                                                                                              lated to the receipt of such benefits.
                                                                                                 ‘‘(F) which must be paid not less frequently than month-
                                                                                              ly;
                                                                                                 ‘‘(G) for which applications must be processed and notifi-
                                                                                              cations provided at least as quickly as is provided under
                                                                                              section 2204 for benefits provided under section 2202(a);
                                                                                              and
                                                                                                 ‘‘(H) for which any information contained in an applica-
                                                                                              tion for such benefits shall be presumed to be true and ac-
                                                                                              curate, unless the employer (or administering entity) dem-
                                                                                              onstrates by a preponderance of the evidence that informa-
                                                                                              tion contained in the application is false;
                                                                                           ‘‘(3) NATIONAL AVERAGE COST.—Not later than October 1 of
                                                                                         the calendar year before each calendar year beginning with
                                                                                         2023, the Secretary shall determine the projected national av-
                                                                                         erage cost per employee for such calendar year of a paid family
                                                                                         and medical leave benefit program that meets the require-
                                                                                         ments of paragraph (2) (assuming administrative costs no




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         greater than the average or projected average administrative
                                                                                         costs of providing benefits under section 2202), taking into ac-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00032   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2019

                                                                                         count projected benefit levels, duration of benefits, and fre-
                                                                                         quency of use of the program in such calendar year.
                                                                                     ‘‘(d) TIMING OF PAYMENT; PENALTY FOR LATE FILING.—
                                                                                            ‘‘(1) INSURED EMPLOYERS.—A grant paid under this section
                                                                                         for a calendar year to an eligible employer described in sub-
                                                                                         section (a)(1) shall be paid by the Secretary not later than 30
                                                                                         days after the beginning of such calendar year, except that in
                                                                                         the case of a grant under this section for calendar year 2023,
                                                                                         such grant shall be paid by the Secretary not later than Au-
                                                                                         gust 1, 2023.
                                                                                            ‘‘(2) SELF-INSURED EMPLOYERS.—A grant paid under this sec-
                                                                                         tion for a calendar year to an eligible employer described in
                                                                                         subsection (a)(2) shall be paid by the Secretary not later than
                                                                                         March 31 of the calendar year succeeding such calendar year.
                                                                                            ‘‘(3) PENALTY FOR LATE FILING.—In any case in which an eli-
                                                                                         gible employer seeking a grant under this subsection for a cal-
                                                                                         endar year fails to submit all required documentation by the
                                                                                         submission deadline for such calendar year as required under
                                                                                         subsection (b)(1)(B)(ii)—
                                                                                                  ‘‘(A) the grant for such calendar year for such employer
                                                                                               shall not be paid until 45 days after the date of payment
                                                                                               otherwise specified in paragraph (1) or (2), as applicable;
                                                                                               and
                                                                                                  ‘‘(B) the amount of such grant shall be reduced by 2 per-
                                                                                               cent for each 7 days by which such submission deadline is
                                                                                               exceeded.
                                                                                     ‘‘(e) INFORMATION SUBMISSION.—As a condition of receiving a
                                                                                  grant under subsection (a) for a calendar year, an employer shall
                                                                                  provide the Secretary with information, at such times and in such
                                                                                  manner as determined by the Secretary, concerning individuals
                                                                                  who received a paid leave benefit under the paid family and med-
                                                                                  ical leave benefit program of the employer, including each individ-
                                                                                  ual’s name, information to establish the individual’s identity, dates
                                                                                  for which such paid leave benefits were paid, the amount of such
                                                                                  paid leave benefit, and, to the extent available, such other informa-
                                                                                  tion concerning such individuals as the Secretary may require for
                                                                                  the purpose of carrying out this section and section 2202(c)(2)(C),
                                                                                  and for otherwise carrying out the provisions of this title, including
                                                                                  for the purposes of promoting equity as described under section
                                                                                  2206(a) and for research described under section 2208(b).
                                                                                     ‘‘(f) ENFORCEMENT.—
                                                                                            ‘‘(1) IN GENERAL.—The Secretary shall conduct periodic re-
                                                                                         views of employers receiving grants under this section (and of
                                                                                         entities administering such grants). The Secretary may with-
                                                                                         draw approval of the paid family and medical leave benefit pro-
                                                                                         gram of an employer in any case in which the Secretary finds
                                                                                         that the employer (or administering entity) has violated any
                                                                                         requirement of this section, and may disqualify an employer
                                                                                         (or administering entity) from receiving (or administering) sub-
                                                                                         sequent grants under this section in the case of repeated viola-
                                                                                         tions.
                                                                                            ‘‘(2) PENALTIES RELATING TO APPEALS.—In any case in which




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         the Secretary determines that a pattern exists with respect to
                                                                                         an employer (or administering entity) in which the employer




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00033   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2020

                                                                                       (or administering entity) has incorrectly denied claims for paid
                                                                                       leave benefits under the employer-sponsored program and such
                                                                                       claims have subsequently been approved by the Secretary pur-
                                                                                       suant to an appeal described in section 2205(a)(1)(B), the Sec-
                                                                                       retary may impose such penalties on the employer (or admin-
                                                                                       istering entity) as the Secretary deems appropriate, which may
                                                                                       include a reduction in, or disqualification from receiving (or ad-
                                                                                       ministering), subsequent grants under this section.
                                                                                          ‘‘(3) PENALTIES ON ADMINISTERING ENTITIES.—In the case of
                                                                                       a third-party entity administering a paid family and medical
                                                                                       leave benefit program of an employer, such entity shall notify
                                                                                       such employer in any case in which a penalty is imposed under
                                                                                       this subsection on the administering entity not later than 30
                                                                                       days after the date on which such penalty has been imposed.
                                                                                       In any case in which the Secretary determines that a pattern
                                                                                       of misconduct exists with respect to an entity administering
                                                                                       benefits under this section for multiple employers, the Sec-
                                                                                       retary may disqualify such entity from administering em-
                                                                                       ployer-sponsored programs receiving subsequent grants under
                                                                                       this section.
                                                                                          ‘‘(4) EMPLOYER AND ADMINISTRATOR APPEALS.—An employer
                                                                                       (or administering entity) with respect to which a penalty is im-
                                                                                       posed under this subsection may appeal such decision to the
                                                                                       Secretary only if such appeal is filed with the Secretary not
                                                                                       later than 60 days after the date of such decision.
                                                                                    ‘‘(g) GREATER BENEFITS PERMITTED.—Nothing in this section
                                                                                  shall be construed to prohibit an eligible employer from providing
                                                                                  paid family and medical leave benefits that exceed the require-
                                                                                  ments described in this section.
                                                                                  ‘‘SEC. 2211. FUNDING FOR SMALL BUSINESS ASSISTANCE.
                                                                                     ‘‘(a) IN GENERAL.—There are appropriated, out of any funds in
                                                                                  the Treasury not otherwise appropriated, such sums as may be nec-
                                                                                  essary for grants in accordance with this section.
                                                                                    ‘‘(b) SMALL BUSINESS ASSISTANCE GRANTS.—The Secretary shall
                                                                                  make a grant to each eligible employer (as defined in subsection
                                                                                  (g)) who employs a covered individual (as so defined) if such eligible
                                                                                  employer satisfies the requirements of subsection (c).
                                                                                    ‘‘(c) GRANT REQUIREMENTS.—An eligible employer seeking a
                                                                                  grant under this section with respect to a covered individual de-
                                                                                  scribed in subsection (b) shall—
                                                                                           ‘‘(1) not later than 90 days after such individual returns from
                                                                                        qualified leave (as defined in subsection (g)) from the employer,
                                                                                        submit an application to the Secretary in such manner as the
                                                                                        Secretary shall provide;
                                                                                           ‘‘(2) attest to the Secretary that the employer reasonably ex-
                                                                                        pects to, during the period in which such individual is taking
                                                                                        such qualified leave, incur costs attributable to replacing the
                                                                                        labor of such individual during such period in excess of the
                                                                                        wages that would be paid to the individual during such period
                                                                                        if such leave were not taken;




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           ‘‘(3) agree that, on return from such qualified leave, the indi-
                                                                                        vidual will—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00034   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2021

                                                                                                 ‘‘(A) be restored by the employer to the position of em-
                                                                                              ployment held by the individual when the leave com-
                                                                                              menced; or
                                                                                                 ‘‘(B) be restored to an equivalent position with equiva-
                                                                                              lent employment benefits, pay, and other terms and condi-
                                                                                              tions of employment;
                                                                                           ‘‘(4) agree to maintain coverage for the individual under any
                                                                                        ‘group health plan’ (as defined in section 2212) for the duration
                                                                                        of such qualified leave at the level and under the conditions
                                                                                        coverage would have been provided if the individual had con-
                                                                                        tinued in employment continuously for the duration of such
                                                                                        leave;
                                                                                           ‘‘(5) upon the award of such grant, notify the individual of
                                                                                        their rights under paragraphs (3) and (4).
                                                                                    ‘‘(d) AMOUNT OF GRANT.—The amount of a grant to an eligible
                                                                                  employer with respect to a covered individual shall be an amount
                                                                                  equal to the product of 2.5 multiplied by the average weekly wage
                                                                                  of the State in which the individual’s worksite is located for the
                                                                                  most recent calendar year. For purposes of this subsection, the av-
                                                                                  erage weekly wage of a State for a calendar year shall be deter-
                                                                                  mined and annually published by the Secretary on the basis of data
                                                                                  prepared by the Bureau of Labor Statistics that is based on a quar-
                                                                                  terly census of employers in the State of wages paid for unemploy-
                                                                                  ment insurance-covered employment.
                                                                                    ‘‘(e) LIMITATIONS.—In no case may an eligible employer—
                                                                                           ‘‘(1) receive more than 1 grant under this section with re-
                                                                                        spect to the same covered individual in a single calendar year;
                                                                                        or
                                                                                           ‘‘(2) receive more than 10 total grants under this section in
                                                                                        a single calendar year.
                                                                                    ‘‘(f) ENFORCEMENT.—In any case in which—
                                                                                           ‘‘(1) an employer’s attestation with respect to costs incurred
                                                                                        made pursuant to subsection (c)(2) is not made in good faith;
                                                                                        or
                                                                                           ‘‘(2) an employer who receives a grant under this section
                                                                                        with respect to a covered individual fails to satisfy the require-
                                                                                        ments of paragraph (3) or (4) of subsection (c) with respect to
                                                                                        such individual,
                                                                                  the Secretary may require the employer to repay the full amount
                                                                                  of such grant (including any applicable interest) and may perma-
                                                                                  nently prohibit the employer from applying for any subsequent
                                                                                  grants under this section.
                                                                                    ‘‘(g) DEFINITIONS.—For purposes of this section—
                                                                                           ‘‘(1) COVERED INDIVIDUAL.—For purposes of this section, the
                                                                                        term ‘covered individual’ means an individual employed by an
                                                                                        eligible employer who takes 4 or more weeks of leave from
                                                                                        such employer, or anticipates taking 4 or more weeks, during
                                                                                        the individual’s benefit period for which the individual receives
                                                                                        paid family and medical leave benefits—
                                                                                                 ‘‘(A) under section 2202(a);
                                                                                                 ‘‘(B) under the law of a legacy State (as defined in sec-
                                                                                              tion 2209(b)); or




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(C) under an eligible employer-sponsored plan under
                                                                                              section 2210,




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00035   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2022

                                                                                         but only if the eligible employer has received no other State or
                                                                                         Federal grant intended to cover the costs described in sub-
                                                                                         section (c)(2) with respect to such individual.
                                                                                           ‘‘(2) ELIGIBLE EMPLOYER.—The term ‘eligible employer’
                                                                                         means any person (other than a governmental agency) who
                                                                                         regularly employs at least 1 and not more than 50 employees.
                                                                                           ‘‘(3) QUALIFIED LEAVE.—The term ‘qualified leave’ means
                                                                                         leave taken by an individual with respect to which the indi-
                                                                                         vidual is eligible for paid family and medical leave benefits
                                                                                         under section 2202, under the law of a legacy State (as defined
                                                                                         in section 2209(b)), or under an eligible employer-sponsored
                                                                                         plan under section 2210.
                                                                                  ‘‘SEC. 2212. DEFINITIONS.
                                                                                       ‘‘For purposes of this title the following definitions apply:
                                                                                             ‘‘(1) GROUP HEALTH PLAN.—The term ‘group health plan’ has
                                                                                          the meaning given such term in section 5000(b)(1) of the Inter-
                                                                                          nal Revenue Code of 1986.
                                                                                             ‘‘(2) NATIONAL AVERAGE WAGE INDEX.—The term ‘national av-
                                                                                          erage wage index’ has the meaning given such term in section
                                                                                          209(k)(1).
                                                                                             ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
                                                                                          of the Treasury.
                                                                                             ‘‘(4) SELF-EMPLOYMENT INCOME.—The term ‘self-employment
                                                                                          income’ has the meaning given the term in section 1402(b) of
                                                                                          the Internal Revenue Code of 1986 for purposes of the taxes
                                                                                          imposed by section 1401(b) of such Code. For purposes of sec-
                                                                                          tion 2202(a) and 2203(b)(3), the Secretary shall determine
                                                                                          rules for the crediting of self-employment income to calendar
                                                                                          quarters, under which—
                                                                                                   ‘‘(A) in the case of a taxable year which is a calendar
                                                                                                year, self-employment income shall be credited equally to
                                                                                                each quarter of such calendar year; and
                                                                                                   ‘‘(B) in the case of any other taxable year, such income
                                                                                                shall be credited equally to the calendar quarter in which
                                                                                                such taxable year ends and to each of the next three or
                                                                                                fewer preceding quarters any part of which is in such tax-
                                                                                                able year.
                                                                                             ‘‘(5) STATE.—The term ‘State’ means any State of the United
                                                                                          States or the District of Columbia or any territory or posses-
                                                                                          sion of the United States.
                                                                                             ‘‘(6) WAGES.—The term ‘wages’ has the meaning given such
                                                                                          term in section 3121(a) of the Internal Revenue Code of 1986
                                                                                          for purposes of the taxes imposed by sections 3101(b) and
                                                                                          3111(b) of such Code, except that such term also includes—
                                                                                                   ‘‘(A) compensation, as defined in section 3231(e) of such
                                                                                                Code for purposes of the Railroad Retirement Tax Act; and
                                                                                                   ‘‘(B) unemployment compensation, as defined in section
                                                                                                85(b) of such Code.
                                                                                             ‘‘(7) WEEK.—The term ‘week’ means a 7-day period beginning
                                                                                          on a Sunday.’’.




rfrederick on DSKBCBPHB2PROD with HEARING



                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00036   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2023
                                                                                  SEC. 130002. ACCESS TO WAGE INFORMATION FROM THE NATIONAL
                                                                                              DIRECTORY OF NEW HIRES FOR THE PURPOSE OF ADMIN-
                                                                                              ISTERING PAID LEAVE.
                                                                                    (a) IN GENERAL.—Section 453(j) of the Social Security Act (42
                                                                                  U.S.C. 653(j)) is amended—
                                                                                            (1) by redesignating paragraphs (5) through (11) as para-
                                                                                         graphs (6) through (12), respectively; and
                                                                                            (2) by adding after paragraph (4) the following:
                                                                                            ‘‘(5) PROVISION OF NEW HIRE INFORMATION FOR PURPOSES OF
                                                                                         FAMILY AND MEDICAL LEAVE PROGRAM.—
                                                                                                  ‘‘(A) IN GENERAL.—The National Directory of New Hires
                                                                                               shall provide the Secretary of the Treasury with all infor-
                                                                                               mation in the National Directory relating to wages paid to
                                                                                               individuals.
                                                                                                  ‘‘(B) USE AND MAINTENANCE OF INFORMATION BY THE
                                                                                               SECRETARY OF THE TREASURY.—The Secretary of the Treas-
                                                                                               ury may use information provided under this paragraph
                                                                                               only for purposes of administering the paid family and
                                                                                               medical leave benefit program under title XXII, and shall
                                                                                               maintain such information in the records of the Secretary
                                                                                               of the Treasury for such time as the Secretary of the
                                                                                               Treasury deems necessary for the administration of such
                                                                                               program.’’.
                                                                                      (b) CONFORMING AMENDMENT.—Section 453(i)(2)(C) of such Act
                                                                                  (42 U.S.C. 653(i)(2)(C)) is amended by striking ‘‘(j)(5)’’ and inserting
                                                                                  ‘‘(j)(6)’’.

                                                                                                          Subtitle B—Retirement
                                                                                  SEC. 131001. AMENDMENT OF 1986 CODE.
                                                                                    Except as otherwise expressly provided, whenever in this subtitle
                                                                                  an amendment or repeal is expressed in terms of an amendment
                                                                                  to, or repeal of, a section or other provision, the reference shall be
                                                                                  considered to be made to a section or other provision of the Inter-
                                                                                  nal Revenue Code of 1986.

                                                                                       PART 1—AUTOMATIC CONTRIBUTION PLANS
                                                                                                AND ARRANGEMENTS
                                                                                  SEC. 131101. TAX IMPOSED ON EMPLOYERS FAILING TO MAINTAIN OR
                                                                                              FACILITATE AUTOMATIC CONTRIBUTION PLAN OR AR-
                                                                                              RANGEMENT.
                                                                                    (a) AUTOMATIC CONTRIBUTION PLAN OR ARRANGEMENT.—
                                                                                         (1) IN GENERAL.—Section 414 is amended by adding at the
                                                                                       end the following:
                                                                                    ‘‘(aa) AUTOMATIC CONTRIBUTION PLAN OR ARRANGEMENT.—For
                                                                                  purposes of this title—
                                                                                         ‘‘(1) IN GENERAL.—The term ‘automatic contribution plan or
                                                                                       arrangement’ means—
                                                                                               ‘‘(A) a defined contribution plan that—
                                                                                                     ‘‘(i) is described in clause (i), (ii), or (iv) of section
                                                                                                  219(g)(5)(A),




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                     ‘‘(ii) includes a qualified cash or deferred arrange-
                                                                                                  ment or a salary reduction arrangement, and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00037   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2024

                                                                                                      ‘‘(iii) meets the notice, eligibility, contribution, in-
                                                                                                    vestment, fee, and lifetime income requirements of
                                                                                                    paragraphs (2), (3), (4), (5), (6), and (7), respectively,
                                                                                                 ‘‘(B) an automatic IRA arrangement described in para-
                                                                                              graph (8),
                                                                                                 ‘‘(C) an arrangement described in section 408(p) that
                                                                                              meets the notice, contribution, investment, and fee re-
                                                                                              quirements described in paragraphs (2), (4), (5), and (6),
                                                                                              and
                                                                                                 ‘‘(D) a plan described in clause (i), (ii), (iv), (v), or (vi) of
                                                                                              section 219(g)(5)(A) that is established and maintained by
                                                                                              an employer as of the date of enactment of the Act to pro-
                                                                                              vide for reconciliation pursuant to title II of S. Con. Res.
                                                                                              14, or a plan described in section 219(g)(5)(A)(iv) that is
                                                                                              not subject to title I of the Employee Retirement Income
                                                                                              Security Act of 1974 and offers annuity contracts, or
                                                                                              makes custodial accounts available to employees, as of
                                                                                              such date.
                                                                                           ‘‘(2) NOTICE REQUIREMENTS.—A plan or arrangement shall be
                                                                                         treated as meeting the notice requirements of this paragraph
                                                                                         with respect to an employee if the plan or arrangement meets
                                                                                         the notice requirements of, or similar to, the notice require-
                                                                                         ments of section 401(k)(13)(E), excluding any such notice re-
                                                                                         quirements that are not applicable or relevant to the such plan
                                                                                         or arrangement.
                                                                                           ‘‘(3) ELIGIBILITY REQUIREMENTS.—
                                                                                                 ‘‘(A) IN GENERAL.—The requirements of this paragraph
                                                                                              shall be treated as met if all employees of the employer are
                                                                                              eligible to participate in an automatic contribution plan or
                                                                                              arrangement maintained or facilitated by the employer.
                                                                                                 ‘‘(B) CERTAIN EXCLUSIONS.—The following employees
                                                                                              may be excluded from consideration in determining wheth-
                                                                                              er the requirements of this paragraph are met:
                                                                                                      ‘‘(i) INDIVIDUALS LESS THAN 21 YEARS OLD.—Any em-
                                                                                                    ployee who has not attained age 21.
                                                                                                      ‘‘(ii) CERTAIN OTHER EMPLOYEES.—Any employee de-
                                                                                                    scribed in section 410(b)(3).
                                                                                                      ‘‘(iii) SERVICE REQUIREMENTS.—Any employee who
                                                                                                    has not completed at least one of the following periods
                                                                                                    of service with the employer maintaining or facili-
                                                                                                    tating the plan or arrangement:
                                                                                                             ‘‘(I) The period permitted under section 410(a)(1)
                                                                                                          (determined without regard to subparagraph (B)(i)
                                                                                                          thereof).
                                                                                                             ‘‘(II) A period of 2 consecutive 12-month periods
                                                                                                          during each of which the employee has at least
                                                                                                          500 hours of service.
                                                                                                 ‘‘(C) SPECIAL RULES FOR CONTROLLED GROUPS.—Eligible
                                                                                              employees within an employer need not be eligible to par-
                                                                                              ticipate in the same automatic contribution plan or ar-
                                                                                              rangement. For purposes of this subsection, the term ‘em-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              ployer’ shall include all employers treated as a single em-
                                                                                              ployer under subsection (b), (c), (m), or (o) of section 414.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00038   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2025

                                                                                                  ‘‘(D) ENTRY DATES.—Rules similar to the rules of section
                                                                                               410(a)(4) shall apply with respect to employees who have
                                                                                               satisfied the age and service requirements referenced in
                                                                                               subparagraph (B) and who are otherwise entitled to par-
                                                                                               ticipate in a plan or arrangement.
                                                                                            ‘‘(4) CONTRIBUTION REQUIREMENTS.—
                                                                                                  ‘‘(A) IN GENERAL.—The requirements of this paragraph
                                                                                               shall be treated as met if, under the plan or arrangement,
                                                                                               each employee eligible to participate in the plan or ar-
                                                                                               rangement is treated as having elected to have the em-
                                                                                               ployer make elective contributions in an amount equal to
                                                                                               the qualified percentage of compensation.
                                                                                                  ‘‘(B) ELECTION OUT.—The election treated as having been
                                                                                               made under subparagraph (A) shall cease to apply with re-
                                                                                               spect to any employee if such employee makes an affirma-
                                                                                               tive election—
                                                                                                        ‘‘(i) not to have such contributions made, or
                                                                                                        ‘‘(ii) to make elective contributions at a level speci-
                                                                                                     fied in such affirmative election.
                                                                                                  ‘‘(C) QUALIFIED PERCENTAGE.—For purposes of this para-
                                                                                               graph, and except as provided in subparagraph (D)(i), the
                                                                                               term ‘qualified percentage’ means, with respect to any em-
                                                                                               ployee, any percentage determined under the plan or ar-
                                                                                               rangement if such percentage is applied uniformly, does
                                                                                               not exceed 15 percent (10 percent during the period de-
                                                                                               scribed in clause (i)), and is at least—
                                                                                                        ‘‘(i) 6 percent during the period ending on the last
                                                                                                     day of the first plan year which begins after the date
                                                                                                     on which the first elective contribution described in
                                                                                                     subparagraph (A) is made with respect to such em-
                                                                                                     ployee,
                                                                                                        ‘‘(ii) 7 percent during the first plan year following
                                                                                                     the plan year described in clause (i),
                                                                                                        ‘‘(iii) 8 percent during the first plan year following
                                                                                                     the plan year described in clause (ii),
                                                                                                        ‘‘(iv) 9 percent during the first plan year following
                                                                                                     the plan year described in clause (iii), and
                                                                                                        ‘‘(v) 10 percent during any subsequent plan year.
                                                                                                  ‘‘(D) RULES RELATING TO AUTOMATIC IRA ARRANGE-
                                                                                               MENTS.—For purposes of this paragraph—
                                                                                                        ‘‘(i) QUALIFIED PERCENTAGE.—In the case of an auto-
                                                                                                     matic IRA arrangement, the term ‘qualified percent-
                                                                                                     age’ means, with respect to an employee for any plan
                                                                                                     year, a percentage equal to the minimum percentage
                                                                                                     described for such plan year under subparagraph (C).
                                                                                                        ‘‘(ii) PAYROLL DEDUCTION CONTRIBUTIONS.—In the
                                                                                                     case of an automatic IRA arrangement, any reference
                                                                                                     in this paragraph to elective contributions shall be
                                                                                                     treated as including a reference to payroll deduction
                                                                                                     contributions.
                                                                                            ‘‘(5) INVESTMENT REQUIREMENTS.—
                                                                                                  ‘‘(A) IN GENERAL.—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                        ‘‘(i) DEFAULT INVESTMENTS.—A plan or arrangement
                                                                                                     shall be treated as meeting the requirements of this




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00039   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2026

                                                                                                    paragraph if in the absence of an investment election
                                                                                                    by a participant or beneficiary, amounts are invested
                                                                                                    only in the class of assets or funds described in sub-
                                                                                                    paragraph (B).
                                                                                                       ‘‘(ii) REQUIRED INVESTMENT OPTIONS IN AUTOMATIC
                                                                                                    IRA ARRANGEMENT.—In addition to the default invest-
                                                                                                    ment requirement of clause (i), an automatic IRA ar-
                                                                                                    rangement shall be treated as meeting the require-
                                                                                                    ments of this paragraph if the arrangement also al-
                                                                                                    lows the participant to invest in any of the class of as-
                                                                                                    sets or funds described in subparagraph (B), (C), (D),
                                                                                                    or (E), and provides for no other investment options.
                                                                                                 ‘‘(B) TARGET DATE/LIFECYCLE OPTION.—The class of as-
                                                                                              sets or funds described in this clause is the class of assets
                                                                                              or funds that constitutes a qualified default investment al-
                                                                                              ternative under Department of Labor regulation section
                                                                                              2550.404c–5(e)(4)(i).
                                                                                                 ‘‘(C) PRINCIPAL PRESERVATION.—The class of assets or
                                                                                              funds described in this clause is the class of assets or
                                                                                              funds that is designed to protect the principal of the indi-
                                                                                              vidual on an ongoing basis.
                                                                                                 ‘‘(D) BALANCED OPTION.—The class of assets or funds de-
                                                                                              scribed in this clause is the class of assets or funds that
                                                                                              constitutes a qualified default investment alternative
                                                                                              under Department of Labor regulation section 2550.404c–
                                                                                              5(e)(4)(ii).
                                                                                                 ‘‘(E) OTHER.—Any other class of assets or funds deter-
                                                                                              mined by the Secretary to be a qualified investment for
                                                                                              purposes of this section.
                                                                                           ‘‘(6) FEE REQUIREMENTS.—In the case of any plan or arrange-
                                                                                         ment not otherwise subject to title I of the Employee Retire-
                                                                                         ment Income Security Act of 1974, under the fee requirements
                                                                                         of this paragraph, no participant may be charged unreasonable
                                                                                         fees or expenses.
                                                                                           ‘‘(7) LIFETIME INCOME REQUIREMENTS.—
                                                                                                 ‘‘(A) IN GENERAL.—A plan or arrangement shall be treat-
                                                                                              ed as meeting the lifetime income requirement described
                                                                                              in this paragraph if the plan or arrangement permits par-
                                                                                              ticipants to elect to receive at least 50 percent of their
                                                                                              vested account balance in a form of distribution described
                                                                                              in section 401(a)(38)(B)(iii).
                                                                                                 ‘‘(B) EXCEPTION.—
                                                                                                       ‘‘(i) IN GENERAL.—This paragraph shall not apply
                                                                                                    with respect to any participant whose vested account
                                                                                                    balance is $200,000 or less at the time of distribution.
                                                                                                       ‘‘(ii) NOT TREATED AS DISCRIMINATORY IN FAVOR OF
                                                                                                    HIGHLY COMPENSATED EMPLOYEES.—A plan shall not
                                                                                                    be treated as failing to meet the requirements of sec-
                                                                                                    tion 401(a)(4) solely by reason of applying the excep-
                                                                                                    tion of clause (i) to the requirements of subparagraph
                                                                                                    (A).
                                                                                           ‘‘(8) AUTOMATIC IRA ARRANGEMENT.—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(A) IN GENERAL.—For purposes of this paragraph, the
                                                                                              term ‘automatic IRA arrangement’ means, with respect to




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00040   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2027

                                                                                               an employer (and trustee or issuer designated by the em-
                                                                                               ployer), an arrangement facilitated by the employer which
                                                                                               meets the requirements of this paragraph and the eligi-
                                                                                               bility, contribution, investment, and fee requirements of
                                                                                               paragraphs (3), (4), (5), and (6), and under which an em-
                                                                                               ployee—
                                                                                                        ‘‘(i) may elect—
                                                                                                               ‘‘(I) to have the employer make payroll deduc-
                                                                                                            tion deposits on behalf of the individual as payroll
                                                                                                            deduction contributions to an individual retire-
                                                                                                            ment account, or
                                                                                                               ‘‘(II) to have such payments paid to the em-
                                                                                                            ployee directly in cash,
                                                                                                        ‘‘(ii) is treated as having made the election under
                                                                                                     clause (i)(I) at the level determined under paragraph
                                                                                                     (4)(D) until the individual makes an affirmative elec-
                                                                                                     tion not to have such contributions made (or to have
                                                                                                     such contributions made at a level specified in the af-
                                                                                                     firmative election), and
                                                                                                        ‘‘(iii) may elect to modify the manner in which such
                                                                                                     amounts are invested for such plan year.
                                                                                                  ‘‘(B) ADMINISTRATIVE REQUIREMENTS.—
                                                                                                        ‘‘(i) PAYMENTS.—The requirements of this subpara-
                                                                                                     graph are met with respect to any automatic IRA ar-
                                                                                                     rangement if the employer makes the payments elect-
                                                                                                     ed or treated as elected under subparagraph (A)(i) on
                                                                                                     or before the last day of the month following the
                                                                                                     month in which the compensation otherwise would
                                                                                                     have been payable to the employee in cash.
                                                                                                        ‘‘(ii) NOTICE OF ELECTION PERIOD.—The require-
                                                                                                     ments of this paragraph shall be treated as met with
                                                                                                     respect to any year if the employer notifies each em-
                                                                                                     ployee eligible to participate, within a reasonable pe-
                                                                                                     riod of time before the beginning of such year (and, for
                                                                                                     the first year the employee is so eligible, a reasonable
                                                                                                     period of time before the first day such employee is so
                                                                                                     eligible), of—
                                                                                                               ‘‘(I) the opportunity to elect to have contribu-
                                                                                                            tions made, or to be treated as so electing, under
                                                                                                            clause (i)(I), or (ii), of subparagraph (A),
                                                                                                               ‘‘(II) the opportunity to elect not to have payroll
                                                                                                            deduction contributions made or to have such con-
                                                                                                            tributions made at a different percentage or in a
                                                                                                            different amount, and
                                                                                                               ‘‘(III) the opportunity under subparagraph
                                                                                                            (A)(iii) to modify the manner in which such
                                                                                                            amounts are invested for such year.
                                                                                                     The employer shall provide such notice in paper form
                                                                                                     or, if the employee so elects, in electronic form.
                                                                                                  ‘‘(C) LIMITS ON CONTRIBUTIONS.—An employer shall not
                                                                                               be treated as failing to satisfy the requirements of this sec-
                                                                                               tion or any other provision of this title merely because—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                        ‘‘(i) aggregate payroll deduction contributions by or
                                                                                                     on behalf of an individual to individual retirement ac-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00041   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2028

                                                                                                    counts of the individual exceed the deductible amount
                                                                                                    in effect under section 219(b)(5) (determined without
                                                                                                    regard to subparagraph (B) thereof) for any taxable
                                                                                                    year in which any payroll deduction contributions by
                                                                                                    the employer under an automatic IRA arrangement
                                                                                                    are made, or
                                                                                                       ‘‘(ii) the employer chooses to limit the payroll deduc-
                                                                                                    tion contributions under this subsection on behalf of
                                                                                                    an employee for any calendar year in a manner rea-
                                                                                                    sonably designed to avoid exceeding such deductible
                                                                                                    amount.
                                                                                                 ‘‘(D) DEFAULT TREATMENT AS ROTH IRA.—An employee on
                                                                                               whose behalf payroll deduction contributions are made to
                                                                                               an individual retirement account under subparagraph (A)
                                                                                               may elect, at such time and in such manner and form as
                                                                                               the Secretary may prescribe, whether to treat the indi-
                                                                                               vidual retirement account as designated as a Roth IRA. If
                                                                                               no such election is made, the account shall be treated as
                                                                                               so designated.
                                                                                                 ‘‘(E) DEPOSITS TO INDIVIDUAL RETIREMENT ACCOUNTS OF
                                                                                               A DESIGNATED TRUSTEE OR ISSUER.—
                                                                                                       ‘‘(i) IN GENERAL.—An employer shall not be treated
                                                                                                    as failing to satisfy the requirements of this section, or
                                                                                                    any other provision of this title, merely because the
                                                                                                    employer makes all payroll deduction contributions on
                                                                                                    behalf of all employees (or all employees who do not
                                                                                                    specify an individual retirement account, trustee, or
                                                                                                    issuer to receive the contributions) to individual retire-
                                                                                                    ment accounts specified in clause (ii).
                                                                                                       ‘‘(ii) INDIVIDUAL RETIREMENT ACCOUNTS OTHER THAN
                                                                                                    THOSE SELECTED BY EMPLOYEE.—An employer may
                                                                                                    elect to have payroll deduction contributions for all
                                                                                                    employees participating in an automatic IRA arrange-
                                                                                                    ment made to individual retirement accounts of a
                                                                                                    trustee or issuer under the arrangement that has been
                                                                                                    designated by the employer, but only if the provider of
                                                                                                    such accounts, and the investments therein, are iden-
                                                                                                    tified on the website established under subparagraph
                                                                                                    (F)(iii). The preceding sentence shall not apply unless
                                                                                                    each participant is notified in writing that the partici-
                                                                                                    pant’s balance may be transferred without cost or pen-
                                                                                                    alty to another individual retirement account estab-
                                                                                                    lished by or on behalf of the participant. Such notice
                                                                                                    shall be in paper form or, if the employee so elects,
                                                                                                    electronic form.
                                                                                                       ‘‘(iii) EMPLOYERS MAY PERMIT EMPLOYEE TO CHOOSE
                                                                                                    IRA.—If the employer so elects, the arrangement may
                                                                                                    provide for an employee election to have payroll deduc-
                                                                                                    tion contributions made to any individual retirement
                                                                                                    account specified by the employee.
                                                                                                       ‘‘(iv) REGULATIONS.—The Secretary may issue such
                                                                                                    regulations as are necessary to carry out the purposes




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                    of this subparagraph, including establishment of pro-
                                                                                                    cedures to assist employers in connecting with cer-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00042   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2029

                                                                                                 tified and available providers of individual retirement
                                                                                                 accounts and to communicate to individuals the impor-
                                                                                                 tance of investment diversification.
                                                                                              ‘‘(F) MODEL NOTICE, ETC.—The Secretary shall—
                                                                                                    ‘‘(i) provide a model notice, written in a manner cal-
                                                                                                 culated to be understandable to the average worker,
                                                                                                 that is simple for employers to use—
                                                                                                           ‘‘(I) to notify employees of the requirement
                                                                                                        under this section for the employer to provide cer-
                                                                                                        tain employees with the opportunity to participate
                                                                                                        in an automatic IRA arrangement, and
                                                                                                           ‘‘(II) to satisfy the requirements of subpara-
                                                                                                        graph (B)(ii),
                                                                                                    ‘‘(ii) provide model forms for enrollment, including
                                                                                                 automatic enrollment, in an automatic IRA arrange-
                                                                                                 ment,
                                                                                                    ‘‘(iii) establish a website or other electronic means
                                                                                                 that small employers and individuals can access and
                                                                                                 use to obtain information on automatic IRA arrange-
                                                                                                 ments (including clear, standardized, easy-to-compare
                                                                                                 information on fees and expenses and investment re-
                                                                                                 turns in a format prescribed by the Secretary) and to
                                                                                                 obtain notices and forms, and
                                                                                                    ‘‘(iv) establish a process—
                                                                                                           ‘‘(I) for the provider of an automatic IRA ar-
                                                                                                        rangement to demonstrate to the Secretary that
                                                                                                        the arrangement is described in this paragraph
                                                                                                        and meets the requirements specified in para-
                                                                                                        graph (1)(B), and
                                                                                                           ‘‘(II) to certify any arrangement that the Sec-
                                                                                                        retary determines so demonstrates, to regularly
                                                                                                        monitor compliance and update such determina-
                                                                                                        tions and certifications, and to list all arrange-
                                                                                                        ments so certified on the website described in
                                                                                                        clause (iii) as appropriate for use by employers
                                                                                                        and participants.
                                                                                            The information referred to in clause (iii) shall be provided
                                                                                            in a manner designed to assist employers and providers by
                                                                                            facilitating the identification by employers of private-sector
                                                                                            providers of individual retirement accounts, including the
                                                                                            provider’s investment options, that are appropriate for use
                                                                                            in automatic IRA arrangements.
                                                                                              ‘‘(G) SAFE HARBOR FOR CERTAIN STATE-PROVIDED AR-
                                                                                            RANGEMENTS.—An arrangement facilitated by an employer
                                                                                            shall not fail to be treated as an automatic IRA arrange-
                                                                                            ment merely because such arrangement is provided or oth-
                                                                                            erwise offered, in whole or in part, by a State.
                                                                                              ‘‘(H) INDIVIDUAL RETIREMENT ACCOUNT.—For purposes of
                                                                                            this paragraph, the term ‘individual retirement account’
                                                                                            shall have the meaning given such term by section 408(a),
                                                                                            except that such term shall include individual retirement
                                                                                            annuities (as defined in section 408(b)).’’.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          (2) OTHER RULES APPLICABLE TO AUTOMATIC IRA ARRANGE-
                                                                                         MENTS.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00043   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2030

                                                                                                 (A) PENALTY FOR FAILURE TO TIMELY REMIT CONTRIBU-
                                                                                               TIONS TO AUTOMATIC IRA ARRANGEMENTS.—Section 4975(c)
                                                                                              is amended by adding at the end the following new para-
                                                                                              graph:
                                                                                           ‘‘(7) SPECIAL RULE FOR AUTOMATIC IRA ARRANGEMENTS.—For
                                                                                         purposes of paragraph (1), if an employer is required under an
                                                                                         automatic IRA arrangement (as defined in section
                                                                                         414(aa)(1)(B)) to deposit amounts withheld from an employee’s
                                                                                         compensation into an individual retirement account (within the
                                                                                         meaning of section 414(aa)(8)(H)) but fails to do so within the
                                                                                         time prescribed under section 414(aa)(8)(B)(i), such amounts
                                                                                         shall be treated as assets of the individual retirement ac-
                                                                                         count.’’.
                                                                                                 (B) WAIVER OF EARLY WITHDRAWAL PENALTY FOR CER-
                                                                                              TAIN DISTRIBUTIONS FOLLOWING INITIAL ELECTION TO PAR-
                                                                                              TICIPATE IN AUTOMATIC IRA ARRANGEMENT.—Section 72(t)
                                                                                              is amended by adding at the end the following new para-
                                                                                              graph:
                                                                                           ‘‘(11) DISTRIBUTION FOLLOWING INITIAL ELECTION TO PARTICI-
                                                                                         PATE IN AUTOMATIC IRA ARRANGEMENT.—Paragraph (1) shall
                                                                                         not apply in the case of a distribution—
                                                                                                 ‘‘(A) to an individual from an individual retirement ac-
                                                                                              count (within the meaning of section 414(aa)(8)(H)) that is
                                                                                              part of an automatic IRA arrangement (as defined in sec-
                                                                                              tion 414(aa)(8)(A)), and
                                                                                                 ‘‘(B) made not later than 90 days after the initial elec-
                                                                                              tion under section 414(aa)(8)(A)(ii).’’.
                                                                                                 (C) AUTOMATIC IRA ADVISORY GROUP.—
                                                                                                      (i) IN GENERAL.—Not later than 90 days after the
                                                                                                    date of the enactment of this Act, the Secretary of the
                                                                                                    Treasury shall establish an Automatic IRA Advisory
                                                                                                    Group (hereinafter in this subparagraph referred to as
                                                                                                    the ‘‘Advisory Group’’). The purpose of the Advisory
                                                                                                    Group shall be to make recommendations, advise, and
                                                                                                    assist in the Secretary’s implementation and adminis-
                                                                                                    tration of paragraphs (5), (6), and (8) of section 414(aa)
                                                                                                    of the Internal Revenue Code of 1986 with respect to
                                                                                                    automatic IRA arrangements in the best financial in-
                                                                                                    terest of savers, including—
                                                                                                           (I) the procedures and criteria for the periodic
                                                                                                         certification, website listing, and monitoring of in-
                                                                                                         vestment options that meet the requirements of
                                                                                                         those paragraphs,
                                                                                                           (II) user-friendly disclosure regarding invest-
                                                                                                         ment returns, terms, fees, and expenses to facili-
                                                                                                         tate comparison,
                                                                                                           (III) the use of low-cost investment options,
                                                                                                           (IV) the appropriate use of electronic and paper
                                                                                                         methods to provide notice and disclosure,
                                                                                                           (V) any possible learnings or efficiencies based
                                                                                                         on the Secretary’s procedures and experience in




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                         approving nonbank individual retirement account
                                                                                                         trustees, and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00044   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2031

                                                                                                      (VI) such other related matters as may be deter-
                                                                                                   mined by the Secretary.
                                                                                                (ii) MEMBERSHIP.—The Advisory Group shall consist
                                                                                              of not more than 15 members and shall be composed
                                                                                              of—
                                                                                                      (I) such individuals as the Secretary may con-
                                                                                                   sider appropriate to provide expertise regarding
                                                                                                   the financial needs and challenges of lower- and
                                                                                                   middle-income households,
                                                                                                      (II) at least one individual who is an expert in
                                                                                                   retirement-related consumer protections or who
                                                                                                   represents the general public, and
                                                                                                      (III) at least one representative of the Depart-
                                                                                                   ment of the Treasury.
                                                                                                (iii) COMPENSATION.—The members of the Advisory
                                                                                              Group shall serve without compensation.
                                                                                                (iv) ADMINISTRATIVE SUPPORT.—The Department of
                                                                                              the Treasury shall provide appropriate administrative
                                                                                              support to the Advisory Group, including technical as-
                                                                                              sistance. The Advisory Group may use the services
                                                                                              and facilities of such Department, with or without re-
                                                                                              imbursement, as determined by such Department.
                                                                                                (v) REPORT BY ADVISORY GROUP.—Not later than 1
                                                                                              year after the date of the enactment of this Act, the
                                                                                              Advisory Group shall submit to the Secretary of the
                                                                                              Treasury a report containing its recommendations.
                                                                                              The Secretary may request that the Advisory Group
                                                                                              submit subsequent reports.
                                                                                   (b) EXCISE TAX FOR FAILURE TO MAINTAIN OR FACILITATE AUTO-
                                                                                  MATIC CONTRIBUTION PLANS OR ARRANGEMENTS.—
                                                                                        (1) IN GENERAL.—Chapter 43 is amended by adding at the
                                                                                     end the following new section:
                                                                                  ‘‘SEC. 4980J. FAILURE TO MAINTAIN OR FACILITATE AUTOMATIC CON-
                                                                                                  TRIBUTION PLANS OR ARRANGEMENTS.
                                                                                     ‘‘(a) GENERAL RULE.—
                                                                                           ‘‘(1) IN GENERAL.—There is hereby imposed a tax on the fail-
                                                                                          ure of an employer to maintain or facilitate an automatic con-
                                                                                          tribution plan or arrangement.
                                                                                             ‘‘(2) EXCEPTIONS.—
                                                                                                   ‘‘(A) Paragraph (1) shall not apply to an employer to the
                                                                                                extent such employer participates in an arrangement
                                                                                                under a qualified State law.
                                                                                                   ‘‘(B) Paragraph (1) shall not apply to an employer with
                                                                                                respect to any employee who is eligible to participate in a
                                                                                                different automatic contribution plan or arrangement than
                                                                                                one or more other employees of the employer.
                                                                                       ‘‘(b) AMOUNT OF TAX.—
                                                                                             ‘‘(1) IN GENERAL.—The amount of the tax imposed by sub-
                                                                                          section (a) on any failure with respect to an employee shall be
                                                                                          $10 for each day in the noncompliance period with respect to
                                                                                          such failure.
                                                                                             ‘‘(2) NONCOMPLIANCE PERIOD.—For purposes of this section,




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          the term ‘noncompliance period’ means, with respect to any
                                                                                          failure, the period—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00045   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2032

                                                                                                    ‘‘(A) beginning on the date such failure first occurs, and
                                                                                                    ‘‘(B) ending on the earlier of—
                                                                                                          ‘‘(i) the date such failure is corrected, or
                                                                                                          ‘‘(ii) with respect to any employer, the date that is
                                                                                                       3 months after the last date on which the employee is
                                                                                                       required to be eligible to participate in an automatic
                                                                                                       contribution plan or arrangement maintained or facili-
                                                                                                       tated by such employer.
                                                                                              ‘‘(3) ADJUSTMENT FOR INFLATION.—
                                                                                                    ‘‘(A) IN GENERAL.—In the case of any failure relating to
                                                                                                 maintaining or facilitating a plan or arrangement in a cal-
                                                                                                 endar year beginning after 2023, the $10 amount under
                                                                                                 paragraph (1) shall be increased by an amount equal to
                                                                                                 such dollar amount multiplied by the cost-of-living adjust-
                                                                                                 ment determined under section 1(f)(3) for the calendar
                                                                                                 year determined by substituting ‘calendar year 2022’ for
                                                                                                 ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
                                                                                                    ‘‘(B) ROUNDING.—If any amount adjusted under subpara-
                                                                                                 graph (A) is not a whole dollar amount, such amount shall
                                                                                                 be rounded to the nearest whole dollar amount.
                                                                                       ‘‘(c) LIMITATIONS ON AMOUNT OF TAX.—
                                                                                              ‘‘(1) TAX NOT TO APPLY WHERE FAILURE NOT DISCOVERED EX-
                                                                                           ERCISING REASONABLE DILIGENCE.—No tax shall be imposed by
                                                                                           subsection (a) on any failure during any period for which it is
                                                                                           established to the satisfaction of the Secretary that none of the
                                                                                           persons referred to in subsection (e) knew, nor exercising rea-
                                                                                           sonable diligence would have known, that such failure existed.
                                                                                              ‘‘(2) TAX NOT TO APPLY TO FAILURES CORRECTED WITHIN 91⁄2
                                                                                           MONTHS.—No tax shall be imposed by subsection (a) on any
                                                                                           failure if—
                                                                                                    ‘‘(A) such failure was due to reasonable cause and not to
                                                                                                 willful neglect, and
                                                                                                    ‘‘(B) such failure is corrected during the 91⁄2-month pe-
                                                                                                 riod beginning on the first date any of the persons referred
                                                                                                 to in subsection (e) knew that such failure existed, or exer-
                                                                                                 cising reasonable diligence would have known.
                                                                                              ‘‘(3) OVERALL LIMITATION FOR UNINTENTIONAL FAILURES.—In
                                                                                           the case of failures which are due to reasonable cause and not
                                                                                           to willful neglect—
                                                                                                    ‘‘(A) GENERAL RULE.—The tax imposed by subsection (a)
                                                                                                 for failures during the taxable year of the employer shall
                                                                                                 not exceed $500,000.
                                                                                                    ‘‘(B) TAXABLE YEARS IN THE CASE OF CERTAIN CON-
                                                                                                 TROLLED GROUPS.—For purposes of this subparagraph, if
                                                                                                 not all persons who are treated as a single employer for
                                                                                                 purposes of this section have the same taxable year, the
                                                                                                 taxable years taken into account shall be determined
                                                                                                 under principles similar to the principles of section 1561.
                                                                                              ‘‘(4) WAIVER BY SECRETARY.—In the case of a failure which
                                                                                           is due to reasonable cause and not to willful neglect, the Sec-
                                                                                           retary may waive part or all of the tax imposed by subsection




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           (a) to the extent that the payment of such tax would be exces-
                                                                                           sive relative to the failure involved.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00046   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2033

                                                                                     ‘‘(d) TAX NOT TO APPLY IN CERTAIN CASES.—This section shall
                                                                                  not apply in the case of—
                                                                                            ‘‘(1) any employer with respect to a plan or arrangement
                                                                                         that, during the prior calendar year, was maintained or facili-
                                                                                         tated only by employers each of which had no more than 5 em-
                                                                                         ployees receiving at least $5,000 of compensation from the em-
                                                                                         ployer for such year,
                                                                                            ‘‘(2) any employer with respect to a governmental plan (with-
                                                                                         in the meaning of section 414(d)),
                                                                                            ‘‘(3) any employer with respect to a church plan (within the
                                                                                         meaning of section 414(e)), or
                                                                                            ‘‘(4) any employer that has been in existence for fewer than
                                                                                         2 years, taking into account all predecessor employers.
                                                                                     ‘‘(e) LIABILITY FOR TAX.—The employer shall be liable for the tax
                                                                                  imposed by subsection (a) on a failure. All employers, determined
                                                                                  without regard to subsection (f)(2), shall be jointly and severally
                                                                                  liable for the liability of any other employer with which they are
                                                                                  aggregated under subsection (f)(2).
                                                                                     ‘‘(f) DEFINITIONS.—For purposes of this section—
                                                                                            ‘‘(1) AUTOMATIC CONTRIBUTION PLAN OR ARRANGEMENT.—The
                                                                                         term ‘automatic contribution plan or arrangement’ has the
                                                                                         meaning given such term under section 414(aa), and
                                                                                            ‘‘(2) EMPLOYER.—The term ‘employer’ includes all employers
                                                                                         treated as a single employer under subsection (b), (c), (m), or
                                                                                         (o) of section 414.
                                                                                            ‘‘(3) QUALIFIED STATE LAW.—The term ‘qualified State law’
                                                                                         means a State law (as it may be amended from time to time)
                                                                                         that—
                                                                                                  ‘‘(A) was enacted before the date of the enactment of the
                                                                                               Act to provide for reconciliation pursuant to title II of S.
                                                                                               Con. Res. 14, and
                                                                                                  ‘‘(B)(i) requires certain employers to facilitate an auto-
                                                                                               matic IRA arrangement pursuant to a payroll deduction
                                                                                               savings program of the State, or
                                                                                                  ‘‘(ii) allows certain employers to contribute to, or partici-
                                                                                               pate in, a plan described in section 413(c) of such Code es-
                                                                                               tablished and maintained by the State.’’.
                                                                                            (2) CLERICAL AMENDMENT.—The table of sections for chapter
                                                                                         43 is amended by adding at the end the following new item:
                                                                                  ‘‘Sec. 4980J. Failure to maintain or facilitate automatic contribution plans or ar-
                                                                                               rangements.’’.
                                                                                     (c) EFFECTIVE DATE.—The amendments made by this section
                                                                                  shall apply to plan years beginning after December 31, 2022.
                                                                                  SEC. 131102. DEFERRAL-ONLY ARRANGEMENTS.
                                                                                    (a) IN GENERAL.—Section 401(k) is amended by adding at the
                                                                                  end the following new paragraph:
                                                                                        ‘‘(16) DEFERRAL-ONLY ARRANGEMENT.—
                                                                                             ‘‘(A) IN GENERAL.—A deferral-only arrangement shall be
                                                                                           treated as meeting the requirements of paragraph
                                                                                           (3)(A)(ii).
                                                                                             ‘‘(B) DEFERRAL-ONLY ARRANGEMENT.—For purposes of




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           this paragraph, the term ‘deferral-only arrangement’
                                                                                           means any cash or deferred arrangement which meets—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00047   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2034

                                                                                                          ‘‘(i) the automatic deferral requirements of subpara-
                                                                                                       graph (C),
                                                                                                          ‘‘(ii) the elective contribution requirement of sub-
                                                                                                       paragraph (D), and
                                                                                                          ‘‘(iii) the requirements of subparagraph (E) of para-
                                                                                                       graph (13).
                                                                                                    ‘‘(C) AUTOMATIC DEFERRAL.—
                                                                                                          ‘‘(i) IN GENERAL.—The requirements of this subpara-
                                                                                                       graph shall be treated as met if, under the arrange-
                                                                                                       ment, each employee eligible to participate in the ar-
                                                                                                       rangement is treated as having elected to have the
                                                                                                       employer make elective contributions in an amount
                                                                                                       equal to the qualified percentage of compensation.
                                                                                                          ‘‘(ii) ELECTION OUT.—The election treated as having
                                                                                                       been made under clause (i) shall cease to apply with
                                                                                                       respect to any employee if such employee makes an af-
                                                                                                       firmative election—
                                                                                                                 ‘‘(I) to not have such contributions made, or
                                                                                                                 ‘‘(II) to make elective contributions at a level
                                                                                                              specified in such affirmative election.
                                                                                                          ‘‘(iii) QUALIFIED PERCENTAGE.—For purposes of this
                                                                                                       subparagraph, with respect to any employee, the term
                                                                                                       ‘qualified percentage’ means, in lieu of the meaning
                                                                                                       given such term in paragraph (13)(C)(iii), any percent-
                                                                                                       age determined under the arrangement if such per-
                                                                                                       centage is applied uniformly, does not exceed 15 per-
                                                                                                       cent (10 percent during the period described in sub-
                                                                                                       clause (I)) and is at least—
                                                                                                                 ‘‘(I) 6 percent during the period ending on the
                                                                                                              last day of the first plan year which begins after
                                                                                                              the date on which the first elective contribution
                                                                                                              described in clause (i) is made with respect to
                                                                                                              such employee,
                                                                                                                 ‘‘(II) 7 percent during the first plan year fol-
                                                                                                              lowing the plan year described in subclause (I),
                                                                                                                 ‘‘(III) 8 percent during the first plan year fol-
                                                                                                              lowing the plan year described in subclause (II),
                                                                                                                 ‘‘(IV) 9 percent during the first plan year fol-
                                                                                                              lowing the plan year described in subclause (III),
                                                                                                              and
                                                                                                                 ‘‘(V) 10 percent during any subsequent plan
                                                                                                              year.
                                                                                                    ‘‘(D) ELECTIVE CONTRIBUTIONS.—
                                                                                                          ‘‘(i) IN GENERAL.—The requirements of this subpara-
                                                                                                       graph are met if under the plan containing the ar-
                                                                                                       rangement—
                                                                                                                 ‘‘(I) the only contributions which may be made
                                                                                                              are elective contributions of employees who are el-
                                                                                                              igible to participate in the arrangement, and
                                                                                                                 ‘‘(II) the aggregate amount of such elective con-
                                                                                                              tributions which may be made with respect to any




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                              employee for any calendar year shall not exceed
                                                                                                              the amount in effect for the taxable year under




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00048   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2035

                                                                                                       section 219(b)(5) (determined without regard to
                                                                                                       subparagraph (B) thereof).
                                                                                                   ‘‘(ii) CROSS REFERENCE.—For catch-up contributions
                                                                                                 for individuals age 50 or over, see section 414(v).’’.
                                                                                     (b) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 AND
                                                                                  OVER.—
                                                                                          (1) Section 414(v)(2)(B)(i) is amended by inserting ‘‘,
                                                                                        401(k)(16),’’ after ‘‘401(k)(11)’’.
                                                                                          (2) Section 414(v)(2)(B) is amended by adding at the end
                                                                                        thereof the following clause:
                                                                                                   ‘‘(iii) In the case of an applicable employer plan de-
                                                                                                 scribed in section 401(k)(16), the applicable dollar
                                                                                                 amount is $1,000.’’.
                                                                                          (3) Section 414(v)(2)(C) is amended—
                                                                                               (A) by striking ‘‘(B)(i) and’’ and inserting ‘‘(B)(i),’’ and by
                                                                                            inserting after ‘‘subparagraph (B)(ii)’’ the following: ‘‘, and
                                                                                            the $1,000 amount described in subparagraph (B)(iii)’’,
                                                                                               (B) inserting after ‘‘2005’’ the following: ‘‘(the calendar
                                                                                            quarter beginning July 1, 2020, in the case of the $1,000
                                                                                            amount described in subparagraph (B)(iii))’’, and
                                                                                               (C) by inserting before the period at the end the fol-
                                                                                            lowing ‘‘($100 in the case of an increase in the amount de-
                                                                                            scribed in subparagraph (B)(iii) which is not a multiple of
                                                                                            $100)’’.
                                                                                     (c) PLANS NOT TREATED AS TOP-HEAVY PLANS.—Section
                                                                                  416(g)(4)(H)(i) is amended by striking ‘‘or 401(k)(13)’’ and inserting
                                                                                  ‘‘401(k)(13), or 401(k)(16)’’.
                                                                                     (d) EFFECTIVE DATE.—The amendments made by this section
                                                                                  shall apply to plan years beginning after December 31, 2022.
                                                                                  SEC. 131103. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER
                                                                                               PENSION PLAN STARTUP COSTS INCLUDING FOR AUTO-
                                                                                               MATIC CONTRIBUTION PLAN OR ARRANGEMENT.
                                                                                    (a) YEARS FOR WHICH CREDIT IS ALLOWED.—Section 45E(b)(1) is
                                                                                  amended by striking ‘‘2 taxable years’’ and inserting ‘‘4 taxable
                                                                                  years’’.
                                                                                     (b) SPECIAL RULE FOR EMPLOYERS WITH 25 OR FEWER EMPLOY-
                                                                                  EES.—Section 45E(a) is amended by inserting before the period at
                                                                                  the end the following: ‘‘(100 percent of such costs in the case of an
                                                                                  eligible employer with 25 or fewer employees, as determined by
                                                                                  substituting ‘25’ for ‘100’ in section 408(p)(2)(C)(i))’’.
                                                                                     (c) CREDIT NOT TO APPLY TO CERTAIN PLANS OR ARRANGE-
                                                                                  MENTS.—
                                                                                           (1) NO CREDIT WITH RESPECT TO DEFERRAL-ONLY ARRANGE-
                                                                                        MENTS.—Section 45E(d)(2) is amended by inserting ‘‘(other
                                                                                        than a deferral-only arrangement (as defined in section
                                                                                        401(k)(16)(B))’’ before the period at the end.
                                                                                           (2) TERMINATION WITH RESPECT TO PLANS OTHER THAN AUTO-
                                                                                        MATIC CONTRIBUTION PLANS OR ARRANGEMENTS.—Section 45E
                                                                                        is amended by adding at the end the following new subsection:




rfrederick on DSKBCBPHB2PROD with HEARING



                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00049   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2036

                                                                                     ‘‘(f) CREDIT TERMINATED FOR NON-AUTOMATIC CONTRIBUTION
                                                                                  PLANS OR ARRANGEMENTS AFTER 2022.—In the case of taxable
                                                                                  years beginning after December 31, 2022, no credit shall be allowed
                                                                                  under this section for amounts paid or incurred with respect to an
                                                                                  eligible employer plan that is not an automatic contribution plan
                                                                                  or arrangment (as defined in section 414(aa)).’’.
                                                                                     (d) EFFECTIVE DATE.—The amendment made by this section shall
                                                                                  apply to taxable years beginning after December 31, 2021.
                                                                                  SEC. 131104. CREDIT FOR CERTAIN SMALL EMPLOYER AUTOMATIC RE-
                                                                                               TIREMENT ARRANGEMENTS.
                                                                                    (a) IN GENERAL.—Subpart D of part IV of subchapter A of chap-
                                                                                  ter 1 is amended by adding at the end the following new section:
                                                                                  ‘‘SEC. 45U. CREDIT FOR CERTAIN SMALL EMPLOYER AUTOMATIC RE-
                                                                                               TIREMENT ARRANGEMENTS.
                                                                                     ‘‘(a) GENERAL RULE.—For purposes of section 38, in the case of
                                                                                  an eligible employer, the small employer automatic retirement ar-
                                                                                  rangement credit determined under this section for any taxable
                                                                                  year in the credit period is $500.
                                                                                     ‘‘(b) DEFINITIONS.—For purposes of this section—
                                                                                           ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible employer’
                                                                                         means, with respect to the calendar year in which the taxable
                                                                                         year begins, an employer which—
                                                                                                 ‘‘(A)(i) participates in an automatic IRA arrangement (as
                                                                                              defined in section 414(aa)(8)), or an arrangement described
                                                                                              in 4980J(a)(2)(A), or
                                                                                                 ‘‘(ii) maintains a deferral-only arrangement (as defined
                                                                                              in section 401(k)(16)),
                                                                                                 ‘‘(B) is described in 408(p)(2)(C)(i), and
                                                                                                 ‘‘(C) did not maintain an eligible employer plan during
                                                                                              the portion of the calendar year preceding the commence-
                                                                                              ment of such arrangement, or adoption of such deferral-
                                                                                              only arrangement, and the 2 preceding calendar years.
                                                                                           ‘‘(2) CREDIT PERIOD.—The term ‘credit period’ means the first
                                                                                         4 calendar years beginning after the date of the enactment of
                                                                                         this section in which the eligible employer participates in the
                                                                                         arrangement or maintains the deferral-only arrangement.
                                                                                           ‘‘(3) ELIGIBLE EMPLOYER PLAN.—The term ‘eligible employer
                                                                                         plan’ means a qualified employer plan within the meaning of
                                                                                         section 4972(d).
                                                                                     ‘‘(c) OTHER RULES.—For purposes of this section, the rules of sec-
                                                                                  tion 45E(e) shall apply.’’.
                                                                                     (b) CREDIT ALLOWED AS PART OF GENERAL BUSINESS CREDIT.—
                                                                                  Section 38(b) of is amended by striking ‘‘plus’’ at the end of para-
                                                                                  graph (32), by striking the period at the end of paragraph (33) and
                                                                                  inserting ‘‘, plus’’, and by adding at the end the following new para-
                                                                                  graph:
                                                                                           ‘‘(34) the small employer automatic retirement arrangement
                                                                                         credit determined under section 45U(a).’’.
                                                                                     (c) CLERICAL AMENDMENT.—The table of sections for subpart D
                                                                                  of part IV of subchapter A of chapter 1 is amended by adding at
                                                                                  the end the following new item:
                                                                                  ‘‘Sec. 45U. Credit for certain small employer automatic retirement arrangements.’’.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                     (d) EFFECTIVE DATE.—The amendments made by this section
                                                                                  shall apply to taxable years beginning after December 31, 2021.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00050   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2037

                                                                                                          PART 2—SAVER’S MATCH
                                                                                  SEC. 131201. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND
                                                                                              IRA CONTRIBUTIONS BY CERTAIN INDIVIDUALS.
                                                                                    (a) IN GENERAL.—Subchapter B of chapter 65 is amended by add-
                                                                                  ing at the end the following new section:
                                                                                  ‘‘SEC. 6433. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND IRA
                                                                                                 CONTRIBUTIONS BY CERTAIN INDIVIDUALS.
                                                                                     ‘‘(a) IN GENERAL.—
                                                                                           ‘‘(1) ALLOWANCE OF CREDIT.—Any eligible individual who
                                                                                          makes qualified retirement savings contributions for the tax-
                                                                                          able year shall be allowed a credit for such taxable year in an
                                                                                          amount equal to the applicable percentage of so much of the
                                                                                          qualified retirement savings contributions made by such eligi-
                                                                                          ble individual for the taxable year as does not exceed $1,000.
                                                                                             ‘‘(2) PAYMENT OF CREDIT.—The credit under this section shall
                                                                                          be—
                                                                                                   ‘‘(A) treated as allowed by subpart C of part IV of sub-
                                                                                                chapter A of chapter 1, and
                                                                                                   ‘‘(B) paid by the Secretary as a contribution (as soon as
                                                                                                practicable after the eligible individual has filed a tax re-
                                                                                                turn making a claim for such credit for the taxable year)
                                                                                                to the applicable retirement savings vehicle of an eligible
                                                                                                individual.
                                                                                       ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this section—
                                                                                             ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the
                                                                                          applicable percentage is 50 percent.
                                                                                             ‘‘(2) PHASEOUT.—The percentage under paragraph (1) shall
                                                                                          be reduced (but not below zero) by the number of percentage
                                                                                          points which bears the same ratio to 50 percentage points as—
                                                                                                   ‘‘(A) the excess of—
                                                                                                         ‘‘(i) the taxpayer’s modified adjusted gross income
                                                                                                      for such taxable year, over
                                                                                                         ‘‘(ii) the applicable dollar amount, bears to
                                                                                                   ‘‘(B) the phaseout range.
                                                                                          If any reduction determined under this paragraph is not a
                                                                                          whole percentage point, such reduction shall be rounded to the
                                                                                          next lowest whole percentage point.
                                                                                             ‘‘(3) APPLICABLE DOLLAR AMOUNT; PHASEOUT RANGE.—
                                                                                                   ‘‘(A) JOINT RETURNS.—Except as provided in subpara-
                                                                                                graph (B)—
                                                                                                         ‘‘(i) the applicable dollar amount is $50,000, and
                                                                                                         ‘‘(ii) the phaseout range is $20,000.
                                                                                                   ‘‘(B) OTHER RETURNS.—In the case of—
                                                                                                         ‘‘(i) a head of a household (as defined in section
                                                                                                      2(b)), the applicable dollar amount and the phaseout
                                                                                                      range shall be 3⁄4 of the amounts applicable under sub-
                                                                                                      paragraph (A) (as adjusted under subsection (h)), and
                                                                                                         ‘‘(ii) any taxpayer who is not filing a joint return and
                                                                                                      who is not a head of a household (as so defined), the
                                                                                                      applicable dollar amount and the phaseout range shall




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                      be 1⁄2 of the amounts applicable under subparagraph
                                                                                                      (A) (as so adjusted).




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00051   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2038

                                                                                           ‘‘(4) EXCEPTION; MINIMUM CREDIT.—In the case of an eligible
                                                                                        individual with respect to whom (without regard to this para-
                                                                                        graph) the credit determined under subsection (a)(1) is greater
                                                                                        than zero but less than $100, the credit allowed under this sec-
                                                                                        tion shall be $100.
                                                                                    ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section—
                                                                                           ‘‘(1) IN GENERAL.—The term ‘eligible individual’ means any
                                                                                        individual if such individual has attained the age of 18 as of
                                                                                        the close of the taxable year.
                                                                                           ‘‘(2) DEPENDENTS AND FULL-TIME STUDENTS NOT ELIGIBLE.—
                                                                                        The term ‘eligible individual’ shall not include—
                                                                                                 ‘‘(A) any individual with respect to whom a deduction
                                                                                              under section 151 is allowed to another taxpayer for a tax-
                                                                                              able year beginning in the calendar year in which such in-
                                                                                              dividual’s taxable year begins, and
                                                                                                 ‘‘(B) any individual who is a student (as defined in sec-
                                                                                              tion 152(f)(2)).
                                                                                    ‘‘(d) QUALIFIED RETIREMENT SAVINGS CONTRIBUTIONS.—For pur-
                                                                                  poses of this section—
                                                                                           ‘‘(1) IN GENERAL.—The term ‘qualified retirement savings
                                                                                        contributions’ means, with respect to any taxable year, the sum
                                                                                        of—
                                                                                                 ‘‘(A) the amount of the qualified retirement contributions
                                                                                              (as defined in section 219(e)) made by the eligible indi-
                                                                                              vidual,
                                                                                                 ‘‘(B) the amount of—
                                                                                                       ‘‘(i) any elective deferrals (as defined in section
                                                                                                    402(g)(3)) of such individual, and
                                                                                                       ‘‘(ii) any elective deferral of compensation by such
                                                                                                    individual under an eligible deferred compensation
                                                                                                    plan (as defined in section 457(b)) of an eligible em-
                                                                                                    ployer described in section 457(e)(1)(A),
                                                                                                 ‘‘(C) the amount of voluntary employee contributions by
                                                                                              such individual to any qualified retirement plan (as de-
                                                                                              fined in section 4974(c)), and
                                                                                                 ‘‘(D) the amount of contributions made by such indi-
                                                                                              vidual to the ABLE account (within the meaning of section
                                                                                              529A) of which such individual is the designated bene-
                                                                                              ficiary.
                                                                                        Such term shall not include any amount attributable to a pay-
                                                                                        ment under subsection (a)(2).
                                                                                           ‘‘(2) REDUCTION FOR CERTAIN DISTRIBUTIONS.—
                                                                                                 ‘‘(A) IN GENERAL.—The qualified retirement savings con-
                                                                                              tributions determined under paragraph (1) for a taxable
                                                                                              year shall be reduced (but not below zero) by the aggregate
                                                                                              distributions received by the individual during the testing
                                                                                              period from any entity of a type to which contributions
                                                                                              under paragraph (1) may be made.
                                                                                                 ‘‘(B) TESTING PERIOD.—For purposes of subparagraph
                                                                                              (A), the testing period, with respect to a taxable year, is
                                                                                              the period which includes—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                       ‘‘(i) such taxable year,
                                                                                                       ‘‘(ii) the 2 preceding taxable years, and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00052   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2039

                                                                                                          ‘‘(iii) the period after such taxable year and before
                                                                                                       the due date (including extensions) for filing the re-
                                                                                                       turn of tax for such taxable year.
                                                                                                    ‘‘(C) EXCEPTED DISTRIBUTIONS.—There shall not be taken
                                                                                                 into account under subparagraph (A)—
                                                                                                          ‘‘(i) any distribution referred to in section 72(p),
                                                                                                       401(k)(8), 401(m)(6), 402(g)(2), 404(k), or 408(d)(4),
                                                                                                          ‘‘(ii) any distribution to which section 408(d)(3) or
                                                                                                       408A(d)(3) applies,
                                                                                                          ‘‘(iii) any portion of a distribution if such portion is
                                                                                                       transferred or paid in a rollover contribution (as de-
                                                                                                       fined in section 402(c), 403(a)(4), 403(b)(8), 408A(e), or
                                                                                                       457(e)(16)) to an account or plan to which qualified re-
                                                                                                       tirement contributions can be made, and
                                                                                                          ‘‘(iv) the amount of distributions under a qualified
                                                                                                       ABLE program (within the meaning of section 529A)
                                                                                                       that is equal to amounts not included in gross income
                                                                                                       with respect to such distributions under section
                                                                                                       529A(c)(1)(B) (relating to distributions for qualified
                                                                                                       disability expenses).
                                                                                                    ‘‘(D) TREATMENT OF DISTRIBUTIONS RECEIVED BY SPOUSE
                                                                                                 OF INDIVIDUAL.—For purposes of determining distributions
                                                                                                 received by an individual under subparagraph (A) for any
                                                                                                 taxable year, any distribution received by the spouse of
                                                                                                 such individual shall be treated as received by such indi-
                                                                                                 vidual if such individual and spouse file a joint return for
                                                                                                 such taxable year and for the taxable year during which
                                                                                                 the spouse receives the distribution.
                                                                                       ‘‘(e) APPLICABLE RETIREMENT SAVINGS VEHICLE.—
                                                                                              ‘‘(1) IN GENERAL.—The term ‘applicable retirement savings
                                                                                           vehicle’ means an account or plan elected by the eligible indi-
                                                                                           vidual under paragraph (2).
                                                                                              ‘‘(2) ELECTION.—Any such election to have contributed the
                                                                                           amount determined under subsection (a) shall be to an account
                                                                                           or plan which—
                                                                                                    ‘‘(A) is a Roth IRA or a designated Roth account (within
                                                                                                 the meaning of section 402A) of an applicable retirement
                                                                                                 plan (as defined in section 402A(e)(1)),
                                                                                                    ‘‘(B) is for the benefit of the eligible individual,
                                                                                                    ‘‘(C) accepts contributions made under this section, and
                                                                                                    ‘‘(D) is designated by such individual (in such form and
                                                                                                 manner as the Secretary may provide).
                                                                                       ‘‘(f) OTHER DEFINITIONS AND SPECIAL RULES.—
                                                                                              ‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For purposes of
                                                                                           this section, the term ‘modified adjusted gross income’ means
                                                                                           adjusted gross income—
                                                                                                    ‘‘(A) determined without regard to sections 911, 931, and
                                                                                                 933, and
                                                                                                    ‘‘(B) determined without regard to any exclusion or de-
                                                                                                 duction allowed for any qualified retirement savings con-
                                                                                                 tribution made during the taxable year.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              ‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any con-
                                                                                           tribution under subsection (a)(2)—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00053   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2040

                                                                                                 ‘‘(A) except as otherwise provided in this section or by
                                                                                              the Secretary under regulations, such contribution shall be
                                                                                              treated as—
                                                                                                       ‘‘(i) an elective deferral made by the individual
                                                                                                    which is a designated Roth contribution, if contributed
                                                                                                    to an applicable retirement plan, or
                                                                                                       ‘‘(ii) as a Roth IRA contribution made by such indi-
                                                                                                    vidual, if contributed to a Roth IRA, and
                                                                                                 ‘‘(B) such contribution shall not be taken into account
                                                                                              with respect to any applicable limitation under sections
                                                                                              402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2),
                                                                                              414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for
                                                                                              purposes           of     sections     401(a)(4),      401(k)(3),
                                                                                              401(k)(11)(B)(i)(III), and 416.
                                                                                           ‘‘(3) TREATMENT OF QUALIFIED PLANS, ETC.—A plan or ar-
                                                                                        rangement to which a contribution is made under this section
                                                                                        shall not be treated as violating any requirement under section
                                                                                        401, 403, 408A, or 457 solely by reason of accepting such con-
                                                                                        tribution.
                                                                                           ‘‘(4) ERRONEOUS CREDITS.—
                                                                                                 ‘‘(A) IN GENERAL.—If any contribution is erroneously
                                                                                              paid under subsection (a)(2), including a payment that is
                                                                                              not made to an applicable retirement savings vehicle, the
                                                                                              amount of such erroneous payment shall be treated as an
                                                                                              underpayment of tax (other than for purposes of part II of
                                                                                              subchapter A of chapter 68) for the taxable year in which
                                                                                              the Secretary determines the payment is erroneous.
                                                                                                 ‘‘(B) DISTRIBUTION OF ERRONEOUS CREDITS.—In the case
                                                                                              of a contribution to which subparagraph (A) applies—
                                                                                                       ‘‘(i) section 72 shall not apply to the distribution of
                                                                                                    such contribution (and any income attributable there-
                                                                                                    to) if such distribution is received not later than the
                                                                                                    day prescribed by law (including extensions of time)
                                                                                                    for filing the individual’s return for such taxable year,
                                                                                                    and
                                                                                                       ‘‘(ii) any plan or arrangement from which such a dis-
                                                                                                    tribution is made under this subparagraph shall not
                                                                                                    be treated as violating any requirement under section
                                                                                                    401, 403, 408A, or 457 solely by reason of making such
                                                                                                    distribution.
                                                                                     ‘‘(g) PROVISION BY SECRETARY OF INFORMATION RELATING TO
                                                                                  CONTRIBUTIONS.—In the case of an amount elected by an eligible
                                                                                  individual to be contributed to an account or plan under subsection
                                                                                  (e)(2), the Secretary shall provide guidance to the custodian of the
                                                                                  account or the plan sponsor, as the case may be, detailing the
                                                                                  treatment of such contribution under subsection (f)(2) and the re-
                                                                                  porting requirements with respect to such contribution under sec-
                                                                                  tion 131201(c)(2) of the Act to provide for reconciliation pursuant
                                                                                  to title II of S. Con. Res. 14.
                                                                                     ‘‘(h) INFLATION ADJUSTMENTS.—
                                                                                           ‘‘(1) IN GENERAL.—In the case of any taxable year beginning
                                                                                        in a calendar year after 2020, each of the dollar amounts in




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        subsections (a)(1) and (b)(3)(A)(i) shall be increased by an
                                                                                        amount equal to—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00054   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2041

                                                                                                  ‘‘(A) such dollar amount, multiplied by
                                                                                                  ‘‘(B) the cost-of-living adjustment determined under sec-
                                                                                               tion 1(f)(3) for the calendar year in which the taxable year
                                                                                               begins, determined by substituting ‘calendar year 2019’ for
                                                                                               ‘calendar year 2016’ in subparagraph (A)(ii) thereof.
                                                                                            ‘‘(2) ROUNDING.—Any increase determined under paragraph
                                                                                         (1) shall be rounded to the nearest multiple of—
                                                                                                  ‘‘(A) $100 in the case of an adjustment of the amount in
                                                                                               subsection (a)(1), and
                                                                                                  ‘‘(B) $1,000 in the case of an adjustment of the amount
                                                                                               in subsection (b)(3)(A)(i).’’.
                                                                                       (b) TREATMENT OF CERTAIN POSSESSIONS.—
                                                                                            (1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYS-
                                                                                         TEMS.—The Secretary of the Treasury shall pay to each posses-
                                                                                         sion of the United States which has a mirror code tax system
                                                                                         amounts equal to the loss (if any) to that possession by reason
                                                                                         of the amendments made by this section. Such amounts shall
                                                                                         be determined by the Secretary of the Treasury based on infor-
                                                                                         mation provided by the government of the respective posses-
                                                                                         sion.
                                                                                            (2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the
                                                                                         Treasury shall pay to each possession of the United States
                                                                                         which does not have a mirror code tax system amounts esti-
                                                                                         mated by the Secretary of the Treasury as being equal to the
                                                                                         aggregate benefits (if any) that would have been provided to
                                                                                         residents of such possession by reason of the amendments
                                                                                         made by this section if a mirror code tax system had been in
                                                                                         effect in such possession. The preceding sentence shall not
                                                                                         apply unless the respective possession has a plan, which has
                                                                                         been approved by the Secretary of the Treasury, under which
                                                                                         such possession will promptly distribute such payments to its
                                                                                         residents.
                                                                                            (3) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED
                                                                                         STATES INCOME TAXES.—No credit shall be allowed against
                                                                                         United States income taxes under section 6433 of the Internal
                                                                                         Revenue Code of 1986 (as added by this section) to any per-
                                                                                         son—
                                                                                                  (A) to whom a credit is allowed against taxes imposed by
                                                                                               the possession by reason of the amendments made by this
                                                                                               section, or
                                                                                                  (B) who is eligible for a payment under a plan described
                                                                                               in paragraph (2).
                                                                                            (4) MIRROR CODE TAX SYSTEM.—For purposes of this sub-
                                                                                         section, the term ‘‘mirror code tax system’’ means, with respect
                                                                                         to any possession of the United States, the income tax system
                                                                                         of such possession if the income tax liability of the residents
                                                                                         of such possession under such system is determined by ref-
                                                                                         erence to the income tax laws of the United States as if such
                                                                                         possession were the United States.
                                                                                            (5) TREATMENT OF PAYMENTS.—For purposes of section 1324
                                                                                         of title 31, United States Code, the payments under this sub-
                                                                                         section shall be treated in the same manner as a refund due




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         from a credit provision referred to in subsection (b)(2) of such
                                                                                         section.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00055   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2042

                                                                                     (c) ADMINISTRATIVE PROVISIONS.—
                                                                                           (1) DEFICIENCIES.—Section 6211(b)(4) is amended by striking
                                                                                        ‘‘and 7527A’’ and inserting ‘‘7527A, and 6433’’.
                                                                                           (2) REPORTING.—The Secretary of the Treasury shall—
                                                                                                (A) amend Form 5500 to require separate reporting of
                                                                                             the aggregate amount of contributions received by the plan
                                                                                             during the year under section 6433 of the Internal Rev-
                                                                                             enue Code of 1986 (as added by this section), and
                                                                                                (B) amend Form 5498 to require similar reporting with
                                                                                             respect to individual retirement accounts (as defined in
                                                                                             section 408 of such Code) and individual retirement annu-
                                                                                             ities (as defined in section 408(b) of such Code).
                                                                                     (d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 31, United
                                                                                  States Code, is amended by striking ‘‘or 7527A’’ and inserting
                                                                                  ‘‘7527A, or 6433’’.
                                                                                     (e) CONFORMING AMENDMENTS.—
                                                                                           (1) Section 25B is amended by striking subsections (a)
                                                                                        through (f) and inserting the following:
                                                                                  ‘‘For payment of credit related to qualified retirement savings con-
                                                                                  tributions, see section 6433.’’.
                                                                                           (2) The table of sections for subchapter B of chapter 65 is
                                                                                        amended by adding at the end the following new item:
                                                                                  ‘‘Sec. 6433. Matching payments for elective deferral and IRA contributions by cer-
                                                                                               tain individuals.’’.
                                                                                     (f) EFFECTIVE DATE.—The amendments made by this section
                                                                                  shall apply to taxable years beginning after December 31, 2024.
                                                                                  SEC. 131202. DEADLINE TO FUND IRA WITH TAX REFUND.
                                                                                    (a) IN GENERAL.—Section 219(f)(3) is amended—
                                                                                         (1) by striking ‘‘is made not later than’’ and inserting ‘‘is
                                                                                      made—
                                                                                                   ‘‘(i) not later than’’,
                                                                                         (2) by striking the period at the end and inserting ‘‘, or’’, and
                                                                                         (3) by adding at the end the following new clause:
                                                                                                   ‘‘(ii) by direct deposit by the Secretary pursuant to
                                                                                                an election on the return for such taxable year to con-
                                                                                                tribute all or a portion of any amount owed to the tax-
                                                                                                payer to an individual retirement account of the tax-
                                                                                                payer, but only if the return is filed not later than the
                                                                                                date described in clause (i).’’.
                                                                                    (b) EFFECTIVE DATE.—The amendments made by this section
                                                                                  shall apply to taxable years beginning after December 31, 2022.

                                                                                       Subtitle C—Child Care Access and Equity
                                                                                  SEC. 132001. CHILD CARE ACCESS.
                                                                                     Part A of title IV of the Social Security Act (42 U.S.C. 601–619)
                                                                                  is amended by inserting after section 418 the following:
                                                                                  ‘‘SEC. 418A. CHILD CARE ACCESS.
                                                                                     ‘‘(a) ESTABLISHING STATE CHILD CARE INFORMATION NET-
                                                                                  WORKS.—
                                                                                          ‘‘(1) DEVELOPMENT.—The Secretary shall conduct a stake-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         holder engagement process to make recommendations about
                                                                                         the development and implementation of the State Child Care




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00056   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2043

                                                                                         Information Networks to be operated by the States, Indian
                                                                                         tribes, and territories. The stakeholder engagement process
                                                                                         may include parents, center-based child care providers, home-
                                                                                         based child care providers, child care policy experts, trade asso-
                                                                                         ciations, labor unions, and other organizations representing
                                                                                         child care providers.
                                                                                            ‘‘(2) MODELS.—The Secretary may use funds made available
                                                                                         to the Secretary for administrative purposes to establish na-
                                                                                         tional technology models for State Child Care Information Net-
                                                                                         works, and guidance on development and establishment of
                                                                                         interoperable data governance systems that address privacy
                                                                                         and allow for sharing and storing data across information sys-
                                                                                         tems, including guidance on alignment with State child care
                                                                                         consumer education websites.
                                                                                            ‘‘(3) DATA EXCHANGE STANDARDS AND INTEROPERABILITY.—
                                                                                                  ‘‘(A) DESIGNATION AND USE OF DATA EXCHANGE STAND-
                                                                                               ARDS.—
                                                                                                        ‘‘(i) DESIGNATION.—The Secretary shall, in consulta-
                                                                                                     tion with an interagency work group established by
                                                                                                     the Office of Management and Budget and considering
                                                                                                     State government perspectives, designate data ex-
                                                                                                     change standards for necessary categories of informa-
                                                                                                     tion that the Child Care Information Network is re-
                                                                                                     quired to electronically exchange with another agency
                                                                                                     under applicable Federal law.
                                                                                                        ‘‘(ii) DATA EXCHANGE STANDARDS MUST BE NON-
                                                                                                     PROPRIETARY AND INTEROPERABLE.—The data ex-
                                                                                                     change standards designated under clause (i) shall, to
                                                                                                     the extent practicable, be nonproprietary and inter-
                                                                                                     operable.
                                                                                                        ‘‘(iii) OTHER REQUIREMENTS.—In designating data
                                                                                                     exchange standards under this subparagraph, the Sec-
                                                                                                     retary shall, to the extent practicable, incorporate—
                                                                                                               ‘‘(I) interoperable standards developed and
                                                                                                            maintained by an international voluntary con-
                                                                                                            sensus standards body, as defined by the Office of
                                                                                                            Management and Budget;
                                                                                                               ‘‘(II) interoperable standards developed and
                                                                                                            maintained by intergovernmental partnerships,
                                                                                                            such as the National Information Exchange
                                                                                                            Model; and
                                                                                                               ‘‘(III) interoperable standards developed and
                                                                                                            maintained by Federal entities with authority
                                                                                                            over contracting and financial assistance.
                                                                                                  ‘‘(B) DATA EXCHANGE STANDARDS FOR FEDERAL REPORT-
                                                                                               ING.—
                                                                                                        ‘‘(i) DESIGNATION.—The Secretary shall, in consulta-
                                                                                                     tion with an interagency work group established by
                                                                                                     the Office of Management and Budget, and consid-
                                                                                                     ering State government perspectives, designate data




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                     exchange standards to govern Federal reporting and
                                                                                                     exchange requirements under applicable Federal law.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00057   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2044

                                                                                                        ‘‘(ii) REQUIREMENTS.—The data exchange reporting
                                                                                                     standards required by clause (i) shall, to the extent
                                                                                                     practicable—
                                                                                                               ‘‘(I) incorporate a widely accepted, nonpropri-
                                                                                                            etary, searchable, computer-readable format;
                                                                                                               ‘‘(II) be consistent with and implement applica-
                                                                                                            ble accounting principles;
                                                                                                               ‘‘(III) be implemented in a manner that is cost-
                                                                                                            effective and improves program efficiency and ef-
                                                                                                            fectiveness; and
                                                                                                               ‘‘(IV) be capable of being continually upgraded
                                                                                                            as necessary.
                                                                                                        ‘‘(iii) INCORPORATION OF NONPROPRIETARY STAND-
                                                                                                     ARDS.—In designating data exchange standards under
                                                                                                     this subparagraph, the Secretary shall, to the extent
                                                                                                     practicable, incorporate existing nonproprietary stand-
                                                                                                     ards.
                                                                                                        ‘‘(iv) RULE OF INTERPRETATION.—Nothing in this
                                                                                                     subparagraph shall be construed to require a change
                                                                                                     to existing data exchange standards for Federal re-
                                                                                                     porting under this section if the Secretary finds the
                                                                                                     standards to be effective and efficient.
                                                                                            ‘‘(4) STATE REQUIREMENTS.—A State meets the requirements
                                                                                         of this paragraph with respect to a quarter if—
                                                                                                  ‘‘(A) during the quarter, the State has maintained an up-
                                                                                               to-date, publicly available compilation of child care pro-
                                                                                               viders who are registered, licensed, or regulated by the
                                                                                               State (in this section referred to as the ‘State Child Care
                                                                                               Information Network’), that includes, with respect to each
                                                                                               such provider—
                                                                                                        ‘‘(i) where the provider is located, and a description
                                                                                                     of any fees imposed by the provider and the services
                                                                                                     offered by the provider;
                                                                                                        ‘‘(ii) whether the provider is providing child care
                                                                                                     services that may be funded under section 418;
                                                                                                        ‘‘(iii) the hours of operation of the provider;
                                                                                                        ‘‘(iv) whether the provider offers child care to the
                                                                                                     general public, and if so, where an application for
                                                                                                     child care services from the provider may be obtained,
                                                                                                     or a direct link to such an application;
                                                                                                        ‘‘(v) the total number of children, by age group, for
                                                                                                     whom the provider is providing child care services,
                                                                                                     and how many openings are available with the pro-
                                                                                                     vider by age group;
                                                                                                        ‘‘(vi) whether the provider has a waiting list for
                                                                                                     child care services, and if so, the average length of
                                                                                                     time parents are on the waiting list before being of-
                                                                                                     fered child care services and how to join the list;
                                                                                                        ‘‘(vii) the type of child care (such as family child care
                                                                                                     or center-based care) provided, differentiating between
                                                                                                     licensed and license-exempt child care providers; and
                                                                                                        ‘‘(viii) information about the languages spoken by




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                     staff of the child care provider, and such other infor-
                                                                                                     mation as the Secretary may require to help parents




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00058   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2045

                                                                                                      determine whether the provider can meet their child
                                                                                                      care needs and the parents can enroll a child in care,
                                                                                                      such as quality indicators or accreditation status;
                                                                                                   ‘‘(B) the State Child Care Information Network—
                                                                                                         ‘‘(i) by grant or contract, has been maintained or
                                                                                                      jointly maintained by—
                                                                                                                ‘‘(I) a child care resource and referral agency
                                                                                                             that has operated in the last fiscal year;
                                                                                                                ‘‘(II) a local child care resource and referral
                                                                                                             agency that has operated in the most recently
                                                                                                             completed fiscal year and has applied to become a
                                                                                                             State Child Information Network; or
                                                                                                                ‘‘(III) the lead agency, the State licensing entity,
                                                                                                             or other appropriate entities;
                                                                                                         ‘‘(ii) may have been maintained in coordination with,
                                                                                                      or jointly with, other federally funded systems, so long
                                                                                                      as there is no supplantation of funding; and
                                                                                                         ‘‘(iii) has been made—
                                                                                                                ‘‘(I) publicly available, including through the
                                                                                                             Internet and by telephone, to families seeking in-
                                                                                                             formation about obtaining child care services; and
                                                                                                                ‘‘(II) accessible to State, county, and other gov-
                                                                                                             ernment staff involved in the provision of child
                                                                                                             care;
                                                                                                   ‘‘(C) the State requires each provider listed in the State
                                                                                                Child Care Information Network (or, at the option of the
                                                                                                provider, another entity designated by the provider) to up-
                                                                                                date the information described in clauses (v) and (vi) of
                                                                                                subparagraph (A) on a weekly basis, and to update all
                                                                                                other information described in subparagraph (A) not less
                                                                                                frequently than quarterly, and ensures that publicly avail-
                                                                                                able information in the State Child Care Information Net-
                                                                                                work indicates when the slot availability information about
                                                                                                the provider was most recently updated; and
                                                                                                   ‘‘(D) the State has submitted to the Secretary a plan
                                                                                                that includes an estimate of the total capacity of licensed,
                                                                                                regulated, and registered provider slots, and a description
                                                                                                of the eligible expenditures the State will make in the
                                                                                                quarter, which may be submitted with other plans re-
                                                                                                quired by the Secretary.
                                                                                       ‘‘(b) FUNDING STATE CHILD CARE INFORMATION NETWORKS.—
                                                                                             ‘‘(1) START-UP FUNDS.—
                                                                                                   ‘‘(A) GRANTS.—For each fiscal year specified in subpara-
                                                                                                graph (C), the Secretary shall make grants to lead agen-
                                                                                                cies to conduct activities related to the planning and im-
                                                                                                plementation of State Child Care Information Networks,
                                                                                                which may include scaling systems such as non-profit com-
                                                                                                munity-based referral registries, staffed Family Child Care
                                                                                                Networks, and child care resource and referral systems.
                                                                                                   ‘‘(B) DISTRIBUTION.—The Secretary shall distribute the
                                                                                                grant funds to the States that are not territories in accord-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                ance with the formula referred to in section 418(a)(2)(B),
                                                                                                and to the territories according to relative need.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00059   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2046

                                                                                                  ‘‘(C) APPROPRIATION.—Out of any money in the Treasury
                                                                                               not otherwise appropriated, there are appropriated to the
                                                                                               Secretary $200,000,000 for each of fiscal years 2022 and
                                                                                               2023 for grants under this paragraph.
                                                                                            ‘‘(2) MATCHING GRANTS.—
                                                                                                  ‘‘(A) IN GENERAL.—The Secretary shall pay to each State
                                                                                               that meets the requirements of subsection (a)(4) with re-
                                                                                               spect to a calendar quarter in any of fiscal years 2022
                                                                                               through 2026 an amount equal to 75 percent of the eligible
                                                                                               expenditures of the State in the quarter, subject to sub-
                                                                                               section (d)(3).
                                                                                                  ‘‘(B) ELIGIBLE EXPENDITURES.—In this section, the term
                                                                                               ‘eligible expenditures’ means all of the following, but only
                                                                                               to the extent supplementing, and not supplanting, funds
                                                                                               made available under other law:
                                                                                                        ‘‘(i) STATE CHILD CARE INFORMATION NETWORK.—Ex-
                                                                                                     penditures to carry out subsection (a)(4).
                                                                                                        ‘‘(ii) EASE OF APPLICATION FOR SUBSIDIZED CHILD
                                                                                                     CARE CERTIFICATE.—Expenditures to establish an op-
                                                                                                     tion, as indicated by the State in a plan describing
                                                                                                     planned eligible expenditures (which may be sub-
                                                                                                     mitted with other plans required by the Secretary)—
                                                                                                               ‘‘(I) for a family to file an application for a sub-
                                                                                                            sidized child care certificate with a child care pro-
                                                                                                            vider, for the provider to submit the application to
                                                                                                            the State for processing, or for the lead agency, a
                                                                                                            local child care resource and referral agency, or
                                                                                                            other entity under grant or contract to respond to
                                                                                                            the family;
                                                                                                               ‘‘(II) to establish a statewide common applica-
                                                                                                            tion for child care, which—
                                                                                                                      ‘‘(aa) allows an application with respect to a
                                                                                                                   child to be submitted simultaneously to mul-
                                                                                                                   tiple child care providers;
                                                                                                                      ‘‘(bb) allows the application to be for a par-
                                                                                                                   ticular site and schedule;
                                                                                                                      ‘‘(cc) is considered an application directly to
                                                                                                                   each such provider involved for purposes of
                                                                                                                   any decision of the provider regarding a wait
                                                                                                                   list or an open slot based on the application
                                                                                                                   date;
                                                                                                                      ‘‘(dd) safeguards confidential information;
                                                                                                                   and
                                                                                                                      ‘‘(ee) allows for such a provider to seek and
                                                                                                                   collect information not on the common appli-
                                                                                                                   cation so that the provider may determine the
                                                                                                                   priority to be given to the applicant on any
                                                                                                                   waiting list or for other specialized admission
                                                                                                                   criteria such as disability services; or
                                                                                                               ‘‘(III) to enable child care providers to respond
                                                                                                            to families through other application methods.
                                                                                                        ‘‘(iii) EXPENDITURES FOR TECHNOLOGY NEEDED TO




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                      PARTICIPATE IN THE STATE CHILD CARE INFORMATION
                                                                                                      NETWORK.—Expenditures for child care providers, lead




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00060   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2047

                                                                                                      agencies, and contractors to support system-building
                                                                                                      and system-implementation activities associated with
                                                                                                      the State Child Care Information Network, including
                                                                                                      data interoperability and the installation and mainte-
                                                                                                      nance of equipment and software needed to develop,
                                                                                                      implement, maintain, and provide electronic access to
                                                                                                      the State Child Care Information Network.
                                                                                                         ‘‘(iv) PARTICIPATION INCENTIVES.—Expenditures to
                                                                                                      provide financial incentives and support to child care
                                                                                                      providers for whom participating in the State Child
                                                                                                      Care Information Network would be costly or time
                                                                                                      consuming. In providing the incentives, a lead agen-
                                                                                                      cy—
                                                                                                                ‘‘(I) shall take into account the differential bur-
                                                                                                             den on varying types of providers to ensure that
                                                                                                             the incentives are sufficient to encourage all types
                                                                                                             of providers, including family-based providers, to
                                                                                                             participate in the State Child Care Information
                                                                                                             Network;
                                                                                                                ‘‘(II) may coordinate with staffed Family Child
                                                                                                             Care Networks, child care resource and referral
                                                                                                             organizations, labor unions, labor-management
                                                                                                             partnerships, or other community-based organiza-
                                                                                                             tions, to ensure that home-based providers are
                                                                                                             able to participate in the State Child Care Infor-
                                                                                                             mation Network; and
                                                                                                                ‘‘(III) may reimburse coordinating partners and
                                                                                                             other entities for expenses associated with helping
                                                                                                             providers participate in the Child Care Informa-
                                                                                                             tion Network and provide information required
                                                                                                             under subsection (a)(4)(A).
                                                                                                   ‘‘(C) APPROPRIATION.—Out of any money in the Treasury
                                                                                                not otherwise appropriated, there are appropriated to the
                                                                                                Secretary for each of fiscal years 2022 through 2026 such
                                                                                                sums as are necessary for grants under this paragraph.
                                                                                       ‘‘(c) HHS PARTICIPATING CHILD CARE PROVIDER CERTIFICATION.—
                                                                                             ‘‘(1) IN GENERAL.—The Secretary shall—
                                                                                                   ‘‘(A) maintain current information on child care pro-
                                                                                                viders who are qualified to receive the HHS Participating
                                                                                                Child Care Provider Certification for a calendar quarter,
                                                                                                and historical information on child care providers who
                                                                                                were so qualified for a prior calendar quarter, including a
                                                                                                quarter in a prior year, (in this section referred to as the
                                                                                                ‘HHS Participating Child Care Provider Certification’)
                                                                                                based on the information submitted by lead agencies;
                                                                                                   ‘‘(B) update the list of providers who are so qualified, 1
                                                                                                month before the end of each quarter, and electronically
                                                                                                share with the Internal Revenue Service current and his-
                                                                                                torical information on the providers who are so qualified;
                                                                                                and
                                                                                                   ‘‘(C) at the end of each calendar year and on request of
                                                                                                any provider listed in the HHS Participating Child Care




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                Provider Certification who has qualified for the certifi-
                                                                                                cation for an entire calendar quarter, provide the provider




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00061   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2048

                                                                                                and the lead agency of the jurisdiction in which the pro-
                                                                                                vider is located written documentation of the quarters with
                                                                                                respect to which the provider was so qualified.
                                                                                             ‘‘(2) QUALIFICATIONS.—A child care provider is qualified to
                                                                                          receive the HHS Participating Child Care Provider Certifi-
                                                                                          cation for a calendar quarter if the provider—
                                                                                                   ‘‘(A)(i) is licensed with a State as a provider of child care
                                                                                                services, or is in a license-exempt category of providers
                                                                                                that meets all health and safety standards and has zero
                                                                                                unresolved violations;
                                                                                                   ‘‘(ii) is providing child care services that may be funded
                                                                                                under section 418;
                                                                                                   ‘‘(iii) has submitted to the State Child Care Information
                                                                                                Network, on a weekly basis, the information on all avail-
                                                                                                able child care slots with the provider required under sub-
                                                                                                section (a)(4)(A)(v), and the waiting list information re-
                                                                                                quired under subsection (a)(4)(A)(vi);
                                                                                                   ‘‘(iv) makes child care slots available to the general pub-
                                                                                                lic, when available, subject to any clearly explained pri-
                                                                                                ority system; and
                                                                                                   ‘‘(v) is in compliance with other requirements set by the
                                                                                                State regarding applications for or inquiries about avail-
                                                                                                able child care slots; or
                                                                                                   ‘‘(B) was so qualified for the entire 3-month period pre-
                                                                                                ceding the most recent update made under paragraph
                                                                                                (1)(B).
                                                                                       ‘‘(d) ADMINISTRATIVE PROVISIONS.—
                                                                                             ‘‘(1) ACCURACY CHECKS.—The Secretary shall periodically
                                                                                          conduct accuracy checks of randomly sampled child care pro-
                                                                                          viders participating in any State Child Care Information Net-
                                                                                          work to determine whether the providers are updating their
                                                                                          slot availability on a weekly basis, and if not, estimate the
                                                                                          statewide rate at which the providers are doing so.
                                                                                             ‘‘(2) PRIVACY; SECURITY.—The Secretary shall issue guidance
                                                                                          regarding data interoperability (in accordance with the data
                                                                                          exchange standards for interoperability) and the privacy and
                                                                                          security of personally identifiable information in any State
                                                                                          Child Care Information Network.
                                                                                             ‘‘(3) PENALTY FOR EXCESSIVE ERRORS IN STATE CHILD CARE IN-
                                                                                          FORMATION NETWORK.—The percentage specified in subsection
                                                                                          (b)(2)(A) with respect to a State shall be 70 percent if—
                                                                                                   ‘‘(A) a check conducted under paragraph (1) of this sub-
                                                                                                section reveals that the number of child care providers er-
                                                                                                roneously included or erroneously not included in the State
                                                                                                Child Care Information Network is at least 10 percent of
                                                                                                the number of providers included in the network; and
                                                                                                   ‘‘(B) the State has not submitted to the Secretary a re-
                                                                                                port demonstrating that action has been taken to reduce
                                                                                                that error rate to less than 10 percent.
                                                                                             ‘‘(4) ELIGIBLE EXPENDITURES.—The Secretary shall issue
                                                                                          guidance to States which specifies the expenditures that will
                                                                                          be considered eligible expenditures for purposes of this section.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                             ‘‘(5) PUBLICATION OF AMOUNT OF ELIGIBLE EXPENDITURES OF
                                                                                          EACH STATE.—Before issuing grant awards for fiscal year 2023




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00062   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2049

                                                                                        or a succeeding fiscal year, the Secretary, in consultation with
                                                                                        the States, shall annually publish the amount of eligible ex-
                                                                                        penditures of each State in the preceding fiscal year.
                                                                                    ‘‘(e) APPROPRIATION.—Out of any funds in the Treasury not other-
                                                                                  wise appropriated, there is appropriated $50,000,000 for each of fis-
                                                                                  cal years 2022 through 2026 for administrative expenses in car-
                                                                                  rying out subsections (c) and (d).’’.
                                                                                  SEC. 132002. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE
                                                                                              SAFETY.
                                                                                    Part A of title IV of the Social Security Act (42 U.S.C. 601–619)
                                                                                  is further amended by inserting after section 418A the following:
                                                                                  ‘‘SEC. 418B. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE
                                                                                                   SAFETY.
                                                                                     ‘‘(a) CHILD CARE FACILITIES GRANTS.—
                                                                                           ‘‘(1) GRANTS TO STATES.—
                                                                                                 ‘‘(A) IN GENERAL.—The Secretary shall award grants to
                                                                                               States for the purpose of helping child care providers ac-
                                                                                               quire, construct, renovate, or improve child care facilities,
                                                                                               including adapting, reconfiguring, or expanding facilities.
                                                                                                 ‘‘(B) DURATION OF GRANTS.—The Secretary shall award
                                                                                               grants under this paragraph within 12 months after the
                                                                                               date of the enactment of this section, for a period of not
                                                                                               more than 5 years.
                                                                                                 ‘‘(C) PLAN APPROVAL REQUIRED BEFORE USING GRANT.—A
                                                                                               State to which a grant is made under this paragraph shall
                                                                                               not obligate or expend the grant funds unless the State
                                                                                               has submitted to the Secretary, and the Secretary has ap-
                                                                                               proved, a plan that—
                                                                                                       ‘‘(i) includes an analysis or assessment, in such form
                                                                                                    and manner as the Secretary may require, of the need
                                                                                                    of the State for child care infrastructure;
                                                                                                       ‘‘(ii) is submitted at such time, in such manner, and
                                                                                                    containing such other information as the Secretary
                                                                                                    may require, which information shall—
                                                                                                              ‘‘(I) be disaggregated as the Secretary may re-
                                                                                                           quire; and
                                                                                                              ‘‘(II) include a plan to use a portion of the grant
                                                                                                           funds to report to the Secretary on the effects of
                                                                                                           using the grant funds to improve child care facili-
                                                                                                           ties, including center-based and home-based child
                                                                                                           care facilities; and
                                                                                                       ‘‘(iii) complies with paragraph (3), if applicable.
                                                                                                 ‘‘(D) REQUIREMENT.—In allocating grants awards under
                                                                                               this paragraph, the Secretary shall require approved plans
                                                                                               to include elements that—
                                                                                                       ‘‘(i) provide for improving center-based and home-
                                                                                                    based child care programs to meet or surpass State
                                                                                                    health and safety standards, or include a project de-
                                                                                                    signed so that a facility is expected to meet or surpass
                                                                                                    State health and safety standards on completion of the
                                                                                                    project;
                                                                                                       ‘‘(ii) aim to meet specific needs across urban, subur-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                    ban, or rural areas as determined by the State;
                                                                                                       ‘‘(iii) show evidence of collaboration with—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00063   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2050

                                                                                                              ‘‘(I) local government officials;
                                                                                                              ‘‘(II) other State agencies;
                                                                                                              ‘‘(III) nongovernmental organizations, such as—
                                                                                                                     ‘‘(aa) certified community development fi-
                                                                                                                  nancial institutions as defined in section 103
                                                                                                                  of the Community Development Banking and
                                                                                                                  Financial Institutions Act of 1994 (12 U.S.C.
                                                                                                                  4702) that have been certified by the Commu-
                                                                                                                  nity Development Financial Institutions Fund
                                                                                                                  (12 U.S.C. 4703); and
                                                                                                                     ‘‘(bb) organizations that have demonstrated
                                                                                                                  experience in—
                                                                                                                            ‘‘(AA) providing technical or financial
                                                                                                                         assistance for the acquisition, construc-
                                                                                                                         tion, renovation, or improvement of child
                                                                                                                         care facilities;
                                                                                                                            ‘‘(BB) providing technical, financial, or
                                                                                                                         managerial assistance to child care pro-
                                                                                                                         viders; and
                                                                                                                            ‘‘(CC) securing private sources of cap-
                                                                                                                         ital financing for child care facilities or
                                                                                                                         other community development projects el-
                                                                                                                         igible for assistance from a child care as-
                                                                                                                         sistance program; and
                                                                                                              ‘‘(IV) local community organizations, such as—
                                                                                                                     ‘‘(aa) child care providers;
                                                                                                                     ‘‘(bb) community care agencies;
                                                                                                                     ‘‘(cc) resource and referral agencies; and
                                                                                                                     ‘‘(dd) labor unions and other employers of
                                                                                                                  infrastructure trades that pay the prevailing
                                                                                                                  wage; and
                                                                                                        ‘‘(iv) provide for improving the facilities of child care
                                                                                                     providers who qualify for the HHS Participating Child
                                                                                                     Care Provider Certification for at least 1 fiscal quarter
                                                                                                     before the date of application for the grant.
                                                                                                  ‘‘(E) MATCHING REQUIREMENT.—
                                                                                                        ‘‘(i) IN GENERAL.—As a condition of the receipt of a
                                                                                                     grant under this paragraph, a State shall agree to
                                                                                                     make available, directly or through donations from
                                                                                                     public or private entities, contributions with respect to
                                                                                                     the costs to be covered by the grant, which may be
                                                                                                     provided in cash or in kind, in an amount equal to 10
                                                                                                     percent of the funds provided through the grant.
                                                                                                        ‘‘(ii) DETERMINATION OF AMOUNT CONTRIBUTED.—
                                                                                                     Such a matching contribution may include philan-
                                                                                                     thropic or private-sector funds.
                                                                                                  ‘‘(F) AMOUNT LIMIT.—The annual amount of a grant
                                                                                               under this paragraph may not exceed $250,000,000.
                                                                                                  ‘‘(G) PROHIBITION.—The Secretary may not, as a condi-
                                                                                               tion of making a grant under this paragraph or section
                                                                                               418D, retain an interest in any property, including any




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               project involving a privately-owned family child care home
                                                                                               or tribal land.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00064   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2051

                                                                                                  ‘‘(H) REPORT.—Not later than 6 months after the last
                                                                                               day of the grant period, a State to which a grant is made
                                                                                               under this paragraph shall submit to the Secretary the re-
                                                                                               port referred to in subparagraph (C)(ii)(II)—
                                                                                                         ‘‘(i) to determine the effects of the grant in con-
                                                                                                      structing, renovating, or improving child care facili-
                                                                                                      ties, including any changes in response to public
                                                                                                      health guidelines or efforts associated with natural
                                                                                                      disaster emergency preparedness and response and
                                                                                                      any effects on access to child care; and
                                                                                                         ‘‘(ii) to provide such other information as the Sec-
                                                                                                      retary may require.
                                                                                                  ‘‘(I) RETURN OF GRANT IF PLAN NOT APPROVED WITHIN 2
                                                                                               YEARS.—A State to which a grant is made under this para-
                                                                                               graph shall remit the grant to the Secretary if the Sec-
                                                                                               retary has not provided the approval required by subpara-
                                                                                               graph (C) within 2 years after the date the grant is made.
                                                                                            ‘‘(2) GRANTS TO INTERMEDIARY ORGANIZATIONS.—
                                                                                                  ‘‘(A) IN GENERAL.—The Secretary may award grants to
                                                                                               intermediary organizations, such as certified community
                                                                                               development financial institutions or other organizations
                                                                                               with demonstrated experience in child care facilities fi-
                                                                                               nancing, for the purpose of providing technical assistance,
                                                                                               capacity-building, and financial products to develop or fi-
                                                                                               nance child care facilities.
                                                                                                  ‘‘(B) APPLICATION.—A grant under this paragraph may
                                                                                               be made only to an intermediary organization that submits
                                                                                               to the Secretary an application at such time, in such man-
                                                                                               ner, and containing such information as the Secretary may
                                                                                               require, that complies with paragraph (3) if applicable.
                                                                                                  ‘‘(C) CONSULTATION.—In selecting intermediary organi-
                                                                                               zations for grants under this paragraph, the Secretary
                                                                                               shall conduct consultations with organizations that—
                                                                                                         ‘‘(i) demonstrate experience in child care facility fi-
                                                                                                      nancing or related community facility financing;
                                                                                                         ‘‘(ii) demonstrate the capacity to assist States and
                                                                                                      local governments in developing child care facilities
                                                                                                      and programs;
                                                                                                         ‘‘(iii) demonstrate the ability to leverage grant fund-
                                                                                                      ing to support financing tools to build the capacity of
                                                                                                      child care providers, such as through credit enhance-
                                                                                                      ments;
                                                                                                         ‘‘(iv) propose to focus on child care facilities that op-
                                                                                                      erate under nontraditional hours;
                                                                                                         ‘‘(v) propose to meet a diversity of needs across
                                                                                                      urban, suburban, and rural areas at varying types of
                                                                                                      center-based, home-based, and other child care set-
                                                                                                      tings, including early care programs located in build-
                                                                                                      ings in which the care center is the sole occupant or
                                                                                                      in mixed-use properties; and
                                                                                                         ‘‘(vi) propose to focus on child care facilities pri-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                      marily serving low-income populations and children
                                                                                                      who have not attained 13 years of age.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00065   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2052

                                                                                                ‘‘(D) AMOUNT LIMIT.—The amount of a grant under this
                                                                                             paragraph may not exceed $15,000,000.
                                                                                                ‘‘(E) ANNUAL REPORT REQUIRED.—As a condition of re-
                                                                                             ceiving funds under this paragraph, the recipient shall
                                                                                             submit annual reports to the lead agency of the jurisdic-
                                                                                             tion in which the recipient is located documenting how the
                                                                                             recipient has expended the funds and updating the
                                                                                             planned future expenditures described in the application
                                                                                             submitted by the recipient for the funds.
                                                                                          ‘‘(3) LABOR STANDARDS.—In the case of an application for a
                                                                                       grant under this subsection for a project to construct, renovate,
                                                                                       or improve a child care facility, including a project to adapt, re-
                                                                                       configure, or expand such a facility, the application shall in-
                                                                                       clude a written assurance that all laborers and mechanics em-
                                                                                       ployed by contractors or subcontractors in the performance of
                                                                                       construction, alteration, or repair, as part of the project, shall
                                                                                       be paid wages at rates not less than those prevailing on simi-
                                                                                       lar work in the locality as determined by the Secretary of
                                                                                       Labor in accordance with subchapter IV of chapter of part A
                                                                                       of subtitle II of title 40, United States Code (commonly referred
                                                                                       to as the ‘Davis-Bacon Act’), and with respect to the labor
                                                                                       standards specified in such subchapter, the Secretary of Labor
                                                                                       shall have the authority and functions set forth in Reorganiza-
                                                                                       tion Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C.
                                                                                       App.).
                                                                                          ‘‘(4) USE OF FUNDS.—
                                                                                                ‘‘(A) INFRASTRUCTURE IMPROVEMENT.—
                                                                                                      ‘‘(i) IN GENERAL.—A recipient of funds under this
                                                                                                   subsection may use the funds only to acquire, con-
                                                                                                   struct, renovate, or otherwise physically improve the
                                                                                                   infrastructure of a building primarily used for the pro-
                                                                                                   vision of child care services by a child care provider,
                                                                                                   subject to clause (ii).
                                                                                                      ‘‘(ii) PROHIBITION.—A recipient of funds under this
                                                                                                   subsection may not use the funds for modernization,
                                                                                                   renovation, or repair of facilities—
                                                                                                             ‘‘(I) that are primarily used for sectarian in-
                                                                                                          struction or religious worship; or
                                                                                                             ‘‘(II) in which a substantial portion of the func-
                                                                                                          tions of the facilities are subsumed in a religious
                                                                                                          mission.
                                                                                                ‘‘(B) RULES APPLICABLE TO LEAD AGENCIES.—A lead
                                                                                             agency that is a recipient of funds under this subsection
                                                                                             may use not more than 5 percent of the funds for adminis-
                                                                                             trative purposes which may be in addition to evaluation
                                                                                             and reporting activities, and shall use the balance of the
                                                                                             funds to enter into grants or contracts, on a competitive
                                                                                             basis, with entities to carry out projects to acquire, con-
                                                                                             struct, renovate, or complete other physical improvements
                                                                                             to buildings in which child care services are provided or
                                                                                             will be provided on completion of the project.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                    ‘‘(b) APPROPRIATION.—Out of any funds in the Treasury not oth-
                                                                                  erwise appropriated, there is appropriated $15,000,000,000 for fis-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00066   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2053

                                                                                  cal year 2022 to carry out this section, which shall remain avail-
                                                                                  able through fiscal year 2026.
                                                                                    ‘‘(c) RESERVATIONS OF FUNDS.—
                                                                                          ‘‘(1) TERRITORIES.—The Secretary shall reserve $100,000,000
                                                                                        of the amount made available to carry out this section, for
                                                                                        grants to territories.
                                                                                          ‘‘(2) ADMINISTRATION.—The Secretary may reserve not more
                                                                                        than $200,000,000 of the amount made available to carry out
                                                                                        this section, for administrative costs.
                                                                                          ‘‘(3) ASSESSMENTS AND DEVELOPMENT PLANS.—The Secretary
                                                                                        shall reserve for each lead agency not more than $100,000 to
                                                                                        conduct assessments and develop plans for obligating and ex-
                                                                                        pending funds provided under this section, which may be ex-
                                                                                        pended by a lead agency immediately on receipt.
                                                                                          ‘‘(4) DATA EXCHANGE STANDARDS FOR INTEROPERABILITY.—
                                                                                        The Secretary may reserve not more than $200,000 of the
                                                                                        amount made available to carry out this section to implement
                                                                                        data exchange standards for interoperability.
                                                                                    ‘‘(d) LIMITATION ON AVAILABILITY OF FUNDS FOR GRANTS FOR
                                                                                  INTERMEDIARY ORGANIZATIONS.—Not more than $2,250,000,000 of
                                                                                  the total amount made available to carry out this section may be
                                                                                  used to carry out subsection (a)(2).’’.
                                                                                  SEC. 132003. TECHNICAL ASSISTANCE.
                                                                                    Part A of title IV of the Social Security Act (42 U.S.C. 601–619)
                                                                                  is further amended by inserting after section 418B the following:
                                                                                  ‘‘SEC. 418C. TECHNICAL ASSISTANCE.
                                                                                     ‘‘(a) IN GENERAL.—
                                                                                           ‘‘(1) CHILD CARE INFORMATION NETWORK.—The               Secretary
                                                                                         shall provide technical assistance to lead agencies to support
                                                                                         the development and implementation of, and ongoing full par-
                                                                                         ticipation in, State Child Care Information Networks provided
                                                                                         for in section 418A(a)(4).
                                                                                            ‘‘(2) CHILD CARE INFRASTRUCTURE.—The Secretary shall pro-
                                                                                         vide technical assistance—
                                                                                                  ‘‘(A) to child care small business owners, entrepreneurs,
                                                                                               nonprofit organizations, and child care infrastructure
                                                                                               grant recipients, for the purpose of starting new licensed
                                                                                               child care businesses, or re-opening a closed child care fa-
                                                                                               cility, in areas in which there is a child care shortage or
                                                                                               that are at risk of having such a shortage;
                                                                                                  ‘‘(B) to State and local governments to incentivize public-
                                                                                               private partnerships to identify excess buildings and land
                                                                                               and conduct feasibility studies, for new or expanded child
                                                                                               care options that could be available to child care entre-
                                                                                               preneurs and infrastructure grantees, or used for publicly-
                                                                                               run child care facilities; and
                                                                                                  ‘‘(C) to support child care business technical assistance,
                                                                                               which may include strategies to support management
                                                                                               training and shared services initiatives including provider
                                                                                               networks such as child care center alliances and family
                                                                                               child care home provider networks, as well as fundamental




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               business support needs such as budgeting and fiscal man-
                                                                                               agement skills, business planning, understanding the cost




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00067   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2054

                                                                                              of quality, and core best business practices such as record-
                                                                                              keeping and payment reconciliation.
                                                                                           ‘‘(3) SUPPLEMENTING NATIONAL TECHNICAL ASSISTANCE EF-
                                                                                         FORTS.—The Secretary may provide technical assistance to
                                                                                         States (and submit to the Congress reports on technical assist-
                                                                                         ance activities) to increase child care availability and afford-
                                                                                         ability, including by—
                                                                                                 ‘‘(A) providing technical assistance on best practices for
                                                                                              conducting market rate surveys and establishing State re-
                                                                                              imbursement rates and price-per-child rates for child care
                                                                                              for children who have not attained 13 years of age;
                                                                                                 ‘‘(B) increasing child care availability in tribal commu-
                                                                                              nities for families with children who have not attained 13
                                                                                              years of age;
                                                                                                 ‘‘(C) improving the effectiveness and affordability of child
                                                                                              care assistance programs in meeting the needs of low-in-
                                                                                              come parents; or
                                                                                                 ‘‘(D) collecting, managing, analyzing, and reporting child
                                                                                              care administrative data, and use the data to support doc-
                                                                                              umentation of changes in child care availability and afford-
                                                                                              ability.
                                                                                     ‘‘(b) ADMINISTRATIVE PROVISION.—The Secretary may carry out
                                                                                  this section through means including the use of grants or coopera-
                                                                                  tive agreements.
                                                                                     ‘‘(c) APPROPRIATION.—Out of any funds in the Treasury not other-
                                                                                  wise appropriated, there is appropriated $17,500,000 for each of fis-
                                                                                  cal years 2022 through 2026 to carry out this section.’’.
                                                                                  SEC. 132004. TRIBAL CHILD CARE ACCESS AND GROWTH.
                                                                                    Part A of title IV of the Social Security Act (42 U.S.C. 601–619)
                                                                                  is further amended by inserting after section 418C the following:
                                                                                  ‘‘SEC. 418D. TRIBAL CHILD CARE ACCESS AND GROWTH.
                                                                                     ‘‘(a) HHS CONSULTATIONS WITH INDIAN TRIBES.—Of the amount
                                                                                  appropriated under subsection (e) for each fiscal year, the Secretary
                                                                                  shall use not more than $1,000,000 to—
                                                                                          ‘‘(1) conduct such consultations with Indian tribes and tribal
                                                                                       organizations as are necessary to determine how to better con-
                                                                                       duct consumer outreach and education and provide timely
                                                                                       availability for child care slots, improve child care infrastruc-
                                                                                       ture, and otherwise inform best practices and guidelines for
                                                                                       carrying out the activities described in subsection (b); and
                                                                                          ‘‘(2) provide technical assistance to the lead agencies of In-
                                                                                       dian tribes and tribal organizations with respect to carrying
                                                                                       out the activities.
                                                                                    ‘‘(b) ACTIVITIES DESCRIBED.—The activities described in this sub-
                                                                                  section are the following:
                                                                                          ‘‘(1) Planning, start-up, implementation, and maintenance
                                                                                       costs associated with establishing and funding a Child Care In-
                                                                                       formation Network designed to help parents determine which
                                                                                       child care providers can meet their child care needs and to give
                                                                                       parents ease of access in enrolling their children in child care.
                                                                                          ‘‘(2) Coordinating with the Secretary regarding the HHS Par-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                       ticipating Child Care Provider Certification provided for in sec-
                                                                                       tion 418A(c).




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00068   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2055

                                                                                           ‘‘(3) Conducting infrastructure projects to improve the safety
                                                                                        of child care facilities.
                                                                                    ‘‘(c) GRANTS.—
                                                                                           ‘‘(1) IN GENERAL.—Of the amount appropriated under sub-
                                                                                        section (e) for each fiscal year, the Secretary shall use not less
                                                                                        than $199,000,000 to make grants to the lead agencies of In-
                                                                                        dian tribes and tribal organizations for activities described in
                                                                                        subsection (b), which are to be carried out in accordance with
                                                                                        such rules as the Secretary may prescribe, taking into account
                                                                                        the results of the consultations conducted under subsection
                                                                                        (a)(1).
                                                                                           ‘‘(2) ALLOCATION.—The Secretary may make grants under
                                                                                        this subsection according to relative need.
                                                                                    ‘‘(d) NONSUPPLANTATION.—An entity to which an amount is pro-
                                                                                  vided under this section shall use the amount to supplement, but
                                                                                  not supplant, other funds provided for any purpose or activity for
                                                                                  which the amount is used.
                                                                                    ‘‘(e) APPROPRIATION.—Out of any funds in the Treasury not other-
                                                                                  wise appropriated, there is appropriated to the Secretary
                                                                                  $200,000,000 for each of fiscal years 2022 through 2026 to carry
                                                                                  out this section.’’.
                                                                                  SEC. 132005. RAISING THE FLOOR FOR CHILD CARE PROVIDER WAGES.
                                                                                    (a) PLANNING FOR CHILD CARE WAGE GRANTS FOR SMALL BUSI-
                                                                                  NESSES.—
                                                                                         (1) IN GENERAL.—For the purpose of maintaining an effective
                                                                                         and diverse child care workforce, effective upon enactment,
                                                                                         through the end of fiscal year 2022, the Secretary of Health
                                                                                         and Human Services shall, regarding the development and im-
                                                                                         plementation of the Child Care Wage Grant program provided
                                                                                         for in section 418E of the Social Security Act (as added by sub-
                                                                                         section (b) of this section)—
                                                                                                (A) issue guidance or technical assistance to lead agen-
                                                                                              cies (as defined in such section) with respect to—
                                                                                                     (i) consultation with field engagement organizations
                                                                                                   (as defined in such section);
                                                                                                     (ii) wage supplement calculations, with the option of
                                                                                                   providing a bonus that may not be more than the
                                                                                                   equivalent of an annual wage;
                                                                                                     (iii) application requirements;
                                                                                                     (iv) reporting requirements;
                                                                                                     (v) anti-discrimination protection measures; and
                                                                                                     (vi) other related activities;
                                                                                                (B) engage in hiring, training, developing work plans,
                                                                                              developing outreach materials, and other administrative
                                                                                              overhead activities; and
                                                                                                (C) consult with relevant entities such as tribal leaders,
                                                                                              governors, county and local government, and community
                                                                                              stakeholders.
                                                                                           (2) FUNDING.—Out of any money in the Treasury not other-
                                                                                         wise appropriated, there is appropriated to the Secretary of




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         Health and Human Services $10,000,000, to remain available
                                                                                         through September 30, 2022, to carry out this paragraph.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00069   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2056

                                                                                     (b) IMPLEMENTATION.—Part A of title IV of the Social Security
                                                                                  Act (42 U.S.C. 601–619) is further amended by inserting after sec-
                                                                                  tion 418D the following:
                                                                                  ‘‘SEC. 418E. CHILD CARE WAGE GRANTS FOR SMALL BUSINESSES.
                                                                                     ‘‘(a) GRANTS TO LEAD AGENCIES.—
                                                                                           ‘‘(1) GRANTS.—
                                                                                                 ‘‘(A) IN GENERAL.—The Secretary shall make grants to
                                                                                                reimburse State, tribal, and territorial lead agencies for
                                                                                                the amount of child care wage grants made to qualifying
                                                                                                child care providers under lead agency child care wage
                                                                                                grant programs, and for documented costs of administering
                                                                                                the programs that are directly related to determining pro-
                                                                                                vider eligibility, making payments, data collection, and
                                                                                                verifying provider compliance with program rules.
                                                                                                   ‘‘(B) LIMITATION ON REIMBURSEMENT FOR DOCUMENTED
                                                                                                ADMINISTRATIVE COSTS.—The amount of the reimburse-
                                                                                                ment for the documented administrative costs shall not ex-
                                                                                                ceed 5 percent of the total amount of the child care wage
                                                                                                grants.
                                                                                             ‘‘(2) CONSULTATION REQUIRED AS A CONDITION OF ELIGI-
                                                                                          BILITY.—A lead agency shall not be eligible for a grant under
                                                                                          this section with respect to a child care wage grant program
                                                                                          unless the lead agency has consulted with field engagement or-
                                                                                          ganizations in developing and implementing the program, in-
                                                                                          cluding application process, eligibility determinations, commu-
                                                                                          nity outreach, and such other aspects of the program as the
                                                                                          Secretary deems appropriate, and if, after the consultation, the
                                                                                          lead agency intends to operate a child care wage grant pro-
                                                                                          gram for small businesses, the lead agency shall submit to the
                                                                                          Secretary a certification that the lead agency has conducted
                                                                                          such a consultation and intends to submit a claim for reim-
                                                                                          bursement with respect to program expenditures at the end of
                                                                                          the fiscal year.
                                                                                       ‘‘(b) STATE CHILD CARE WAGE GRANT PROGRAM.—
                                                                                             ‘‘(1) IN GENERAL.—A lead agency child care wage grant pro-
                                                                                          gram is a program operated by a lead agency under which a
                                                                                          child care wage grant is made to qualified child care providers
                                                                                          for the 1-year period covered by the grant, in an amount equal
                                                                                          to the aggregate of the eligible child care wage supplements
                                                                                          provided by the qualified child care provider during the year,
                                                                                          which year shall not begin before October 1, 2022.
                                                                                             ‘‘(2) REPORTING REQUIREMENT.—
                                                                                                   ‘‘(A) IN GENERAL.—A recipient of a child care wage grant
                                                                                                from a lead agency shall submit to the lead agency every
                                                                                                fiscal quarter a report that includes documentation of how
                                                                                                the grant has been expended including the number of full
                                                                                                or part-time workers providing child care and whether
                                                                                                each such worker worked for the full year, a description of
                                                                                                the wage levels and demographics of the child care employ-
                                                                                                ees of the qualified child care provider, and such other in-
                                                                                                formation as the Secretary may require, and may allow




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                field engagement organizations to support grant recipients
                                                                                                in meeting quarterly reporting requirements.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00070   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2057

                                                                                                  ‘‘(B) AUTHORITY TO EXTEND DEADLINE.—A lead agency
                                                                                               may approve a request from such a recipient to extend the
                                                                                               reporting deadline for 90 days, but shall accompany such
                                                                                               an approval with a notice that failure to submit all infor-
                                                                                               mation required in the report will result in future ineligi-
                                                                                               bility for such a grant.
                                                                                     ‘‘(c) REIMBURSEMENT; ADVANCE ESTIMATED PAYMENT.—A lead
                                                                                  agency may submit to the Secretary a request for reimbursement
                                                                                  or estimated advance payment of the costs of operating the lead
                                                                                  agency child care wage grant program for the 1-year period covered
                                                                                  by the request, which shall include documentation of the grant
                                                                                  awards made to qualified child care providers under the program,
                                                                                  an assurance that not more than 5 percent of the costs in the reim-
                                                                                  bursement request are for administrative costs, an assurance that
                                                                                  the State will repay any advances based on payments to child care
                                                                                  providers that were in excess of costs allowable under this section
                                                                                  (including payments for workers who did not work for the full year)
                                                                                  or based on State administrative costs in excess of 5 percent, and
                                                                                  the following:
                                                                                            ‘‘(1) Qualified child care provider application data, including
                                                                                         the number of qualified child care providers and the proportion
                                                                                         of applications that were approved under the program, docu-
                                                                                         mentation of rejected applications, including the reason for dis-
                                                                                         qualification, and demographic data of applicants.
                                                                                            ‘‘(2) Qualified child care provider wage subsidy data, includ-
                                                                                         ing wage levels, the size and type of the qualified child care
                                                                                         provider, the number of children served by the qualified child
                                                                                         care provider, verification that the child care wage grant pro-
                                                                                         vided to the qualified child care provider was not used to sup-
                                                                                         plant Federal funds, verification that the qualified child care
                                                                                         provider performs child care services as the primary function
                                                                                         of the qualified child care provider, verification that qualifying
                                                                                         child care provider applications are approved for 1 year, and
                                                                                         documentation of the number of full-time and part-time child
                                                                                         care employees (which may include sole proprietors) including
                                                                                         the portion of the year for which each employee was employed
                                                                                         with that provider to provide child care.
                                                                                            ‘‘(3) Certification that each qualified child care provider is
                                                                                         not eligible to receive a child care payroll tax credit under sec-
                                                                                         tion 3135 of the Internal Revenue Code of 1986 with respect
                                                                                         to wages paid to any child care employee of the qualified child
                                                                                         care provider.
                                                                                            ‘‘(4) Qualified child care provider demographic data, includ-
                                                                                         ing racial, ethnic, and gender data of the qualified child care
                                                                                         provider and child care employees.
                                                                                            ‘‘(5) Documentation of qualified child care provider wages,
                                                                                         and documentation of child care wages that, in the absence of
                                                                                         a grant made under this section, would have been paid at not
                                                                                         less than the applicable minimum rate.
                                                                                            ‘‘(6) Documentation that each qualified child care provider is
                                                                                         licensed by, registered with, or regulated by the State.
                                                                                            ‘‘(7) Documentation that each qualified child care provider




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         was so qualified throughout the year with respect to which re-
                                                                                         imbursement is sought.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00071   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2058

                                                                                           ‘‘(8) Documentation that each employee for which a grant is
                                                                                        sought was employed for the full year, or if not, for what por-
                                                                                        tion of the year they were employed.
                                                                                           ‘‘(9) Such other relevant items as the Secretary may require.
                                                                                    ‘‘(d) PENALTIES.—
                                                                                           ‘‘(1) MISUSE OF CHILD CARE WAGE GRANT.—If the Secretary
                                                                                        finds that a qualified child care provider has used funds pro-
                                                                                        vided under this section with respect to a year other than to
                                                                                        supplement the applicable minimum rate of child care wages
                                                                                        for an employee engaged in child care work for the reported pe-
                                                                                        riod, the qualified child care provider shall—
                                                                                                 ‘‘(A) repay to the lead agency all funds so provided to the
                                                                                              child care provider for the year; and
                                                                                                 ‘‘(B) be ineligible for the succeeding 2 years to receive
                                                                                              funds made available under this section.
                                                                                           ‘‘(2) DECREASE IN NUMBER OF CHILD CARE EMPLOYEES.—If a
                                                                                        recipient of a child care wage grant for a year reports under
                                                                                        subsection (b)(2)(A) that the number of child care employees of
                                                                                        the recipient has decreased during the year, then—
                                                                                                 ‘‘(A) the lead agency shall proportionately decrease the
                                                                                              amount of the child care wage grant (if any) payable to the
                                                                                              recipient for the next year; or
                                                                                                 ‘‘(B) if the recipient is not awarded a child care wage
                                                                                              grant for the next year, the recipient shall remit to the
                                                                                              lead agency a portion of the grant equal to the propor-
                                                                                              tionate decrease in the number of child care employees of
                                                                                              the provider.
                                                                                    ‘‘(e) APPROPRIATION.—Out of any money in the Treasury not oth-
                                                                                  erwise appropriated, there is appropriated to the Secretary for each
                                                                                  of fiscal years 2023 through 2026 such sums as may be necessary
                                                                                  for reimbursements or estimated payments referred to in sub-
                                                                                  section (a).
                                                                                    ‘‘(f) DEFINITIONS.—In this section:
                                                                                           ‘‘(1) APPLICABLE MINIMUM RATE.—The term ‘applicable min-
                                                                                        imum rate’ means the rate at which basic pay is payable for
                                                                                        a position at level 3, step 1, of the General Schedule under
                                                                                        subchapter III of chapter 53 of title 5, United States Code, in-
                                                                                        cluding any applicable locality-based comparability payment
                                                                                        under section 5304 of such title or similar authority, at the
                                                                                        time such wages are paid and determined with respect to the
                                                                                        locality in which services are provided.
                                                                                           ‘‘(2) CHILD CARE WAGES.—The term ‘child care wages’
                                                                                        means—
                                                                                                 ‘‘(A) wages paid to an employee for services in providing
                                                                                              child care; and
                                                                                                 ‘‘(B) an owner’s draw in lieu of wages, in the case of a
                                                                                              sole proprietor who provides child care services or an
                                                                                              owner who directly provides child care services alongside
                                                                                              employees.
                                                                                           ‘‘(3) CHILD CARE EMPLOYEE.—The term ‘child care employee’
                                                                                        means an employee—
                                                                                                 ‘‘(A) who is employed by a qualified child care provider;




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 ‘‘(B) who provides child care services as a primary func-
                                                                                              tion of employment; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00072   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2059

                                                                                                  ‘‘(C) whose wages do not qualify under section 3135(a) of
                                                                                               the Internal Revenue Code of 1986.
                                                                                            ‘‘(4) ELIGIBLE CHILD CARE WAGE SUPPLEMENT.—
                                                                                                  ‘‘(A) IN GENERAL.—The term ‘eligible child care wage
                                                                                               supplement’ means, with respect to a year, a supplement
                                                                                               to child care wages of an employee (or owner), but only to
                                                                                               the extent that the total amount of the child care wage
                                                                                               supplements provided to the employee (or owner) during
                                                                                               the year—
                                                                                                        ‘‘(i) in the case of a full-time employee (or an owner
                                                                                                     who works on a full-time basis), is not more than
                                                                                                     $16,000; or
                                                                                                        ‘‘(ii) in the case of a part-time employee (or an owner
                                                                                                     who works on a part-time basis), is not more than
                                                                                                     $10,000.
                                                                                               In the case of any employee who is not employed as a child
                                                                                               care employee for the full year, the maximum dollar
                                                                                               amounts set forth in the preceding sentence shall be pro-
                                                                                               portionately reduced.
                                                                                                  ‘‘(B) INFLATION ADJUSTMENT.—Each dollar amount in ef-
                                                                                               fect under subparagraph (A) with respect to a year shall
                                                                                               be increased by a percentage equal to the percentage (if
                                                                                               any) by which the Consumer Price Index for all urban con-
                                                                                               sumers (U.S. city average) increased during the 12-month
                                                                                               period ending with the last month for which Consumer
                                                                                               Price Index data is available.
                                                                                            ‘‘(5) FIELD ENGAGEMENT ORGANIZATION.—The term ‘field en-
                                                                                         gagement organization’ means any nonprofit, community-based
                                                                                         organization, labor union, trade association, staffed family
                                                                                         child care network, child care resource and referral organiza-
                                                                                         tion, or local government entity with experience providing rep-
                                                                                         resentation, technical assistance, or community supports to
                                                                                         child care providers or individuals seeking to enter or re-enter
                                                                                         the child care market.
                                                                                            ‘‘(6) QUALIFIED CHILD CARE PROVIDER.—The term ‘qualified
                                                                                         child care provider’ means an entity who—
                                                                                                  ‘‘(A) provides child care services as the primary function
                                                                                               of the entity;
                                                                                                  ‘‘(B) is registered with, or regulated or licensed by, the
                                                                                               State as a child care provider;
                                                                                                  ‘‘(C) at the time of application for a child care wage
                                                                                               grant under this section, does not have an unresolved vio-
                                                                                               lation of a State law or regulation pertaining to health or
                                                                                               safety in the provision of child care services;
                                                                                                  ‘‘(D) has at least 1 employee whose wages may not be
                                                                                               taken into account under section 3135(a) of the Internal
                                                                                               Revenue Code of 1986 because the employee is a sole pro-
                                                                                               prietor or reports self-employment income;
                                                                                                  ‘‘(E) as of the time of the application, pays child care
                                                                                               wages at a rate that is at least the applicable minimum
                                                                                               rate, and certifies that the entity will not reduce the hour-
                                                                                               ly wage rate of any employee during the 1-year period for




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               which the entity has applied for a child care wage grant
                                                                                               under this section; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00073   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2060

                                                                                                 ‘‘(F) has submitted to the lead agency all data requested
                                                                                               by the Secretary under this section;
                                                                                                 ‘‘(G) has submitted the application to the lead agency,
                                                                                               which has approved the application; and
                                                                                                 ‘‘(H) has not failed to include all information required to
                                                                                               be included in any quarterly report required by subsection
                                                                                               (b)(2) to be submitted by the entity with respect to the
                                                                                               year preceding the year for which the application is sub-
                                                                                               mitted.’’.
                                                                                  SEC. 132006. COMMON PROVISIONS.
                                                                                    (a) DEFINITIONS.—Section 419          of the Social Security Act (42
                                                                                  U.S.C. 619) is amended by adding at the end the following:
                                                                                           ‘‘(6) LEAD AGENCY.—The term ‘lead agency’ means, with re-
                                                                                        spect to a jurisdiction, the lead agency responsible for admin-
                                                                                        istering the child care assistance program of the jurisdiction.
                                                                                           ‘‘(7) TERRITORY.—The term ‘territory’ means the Common-
                                                                                        wealth of Puerto Rico, the United States Virgin Islands, Guam,
                                                                                        American Samoa, and the Commonwealth of the Northern
                                                                                        Mariana Islands.’’.
                                                                                    (b) REPORTS TO THE CONGRESS.—Section 411 of such Act (42
                                                                                  U.S.C. 611) is amended by adding at the end the following:
                                                                                    ‘‘(e) REPORTS ON CERTAIN STATE CHILD CARE EXPENDITURES.—
                                                                                  The Secretary shall submit to the Committee on Ways and Means
                                                                                  of the House of Representatives and the Committee on Finance of
                                                                                  the Senate biennial reports on—
                                                                                           ‘‘(1) eligible expenditures (as defined in section 418A(b)(2)(B))
                                                                                        by the States, and on expenditures by the Secretary under sec-
                                                                                        tion 418A during the period covered by the report;
                                                                                           ‘‘(2) the extent to which payments under section 418A have
                                                                                        been made with respect to the expenditures;
                                                                                           ‘‘(3) to the extent that any funds made available to carry out
                                                                                        such section have not been expended, the reasons therefor; and
                                                                                           ‘‘(4) expenditures under section 418C.’’.
                                                                                    (c) INAPPLICABILITY OF PAYMENT LIMITATION.—Section 1108(a) of
                                                                                  such Act (42 U.S.C. 1308(a)) is amended by inserting ‘‘418A, 418B,
                                                                                  418C, 418D, 418E,’’ before ‘‘or’’.

                                                                                       Subtitle D—Trade Adjustment Assistance
                                                                                  SEC. 133001. SHORT TITLE.
                                                                                   This subtitle may be cited as the ‘‘Trade Adjustment Assistance
                                                                                  Modernization Act of 2021’’.
                                                                                  SEC. 133002. APPLICATION OF PROVISIONS RELATING TO TRADE AD-
                                                                                              JUSTMENT ASSISTANCE.
                                                                                    (a) EFFECTIVE DATE; APPLICABILITY.—Except as otherwise pro-
                                                                                  vided in this subtitle, the provisions of chapters 2 through 6 of title
                                                                                  II of the Trade Act of 1974, as in effect on June 30, 2021, and as
                                                                                  amended by this subtitle, shall—
                                                                                         (1) take effect on the date of the enactment of this Act; and
                                                                                         (2) apply with respect to petitions for certification filed under




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                       chapter 2, 3, 4, or 6 of title II of the Trade Act of 1974 on or
                                                                                       after such date of enactment.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00074   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2061

                                                                                     (b) REFERENCE.—Except as otherwise provided in this subtitle,
                                                                                  whenever in this subtitle an amendment or repeal is expressed in
                                                                                  terms of an amendment to, or repeal of, a provision of chapters 2
                                                                                  through 6 of title II of the Trade Act of 1974, the reference shall
                                                                                  be considered to be made to a provision of any such chapter, as in
                                                                                  effect on June 30, 2021.
                                                                                     (c) REPEAL OF SNAPBACK.—Section 406 of the Trade Adjustment
                                                                                  Assistance Reauthorization Act of 2015 (Public Law 114–27; 129
                                                                                  Stat. 379) is repealed.

                                                                                       PART 1—TRADE ADJUSTMENT ASSISTANCE
                                                                                                  FOR WORKERS
                                                                                  SEC. 133101. FILING PETITIONS.
                                                                                     Section 221(a)(1) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1))
                                                                                  is amended—
                                                                                         (1) by amending subparagraph (A) to read as follows:
                                                                                         ‘‘(A) One or more workers in the group of workers.’’; and
                                                                                         (2) in subparagraph (C), by striking ‘‘or a State dislocated
                                                                                       worker unit’’ and inserting ‘‘a State dislocated worker unit, or
                                                                                       workforce intermediaries, including labor-management organi-
                                                                                       zations that carry out re-employment and training services’’.
                                                                                  SEC. 133102. GROUP ELIGIBILITY REQUIREMENTS.
                                                                                    (a) IN GENERAL.—Section 222(a)(2) of the Trade Act of 1974 (19
                                                                                  U.S.C. 2272(a)(2)) is amended—
                                                                                         (1) in subparagraph (A)—
                                                                                                (A) in clause (i), by inserting ‘‘, failed to increase, or will
                                                                                             decrease absolutely due to a scheduled or imminently an-
                                                                                             ticipated, long-term decrease in or reallocation of the pro-
                                                                                             duction capacity of the firm’’ after ‘‘absolutely’’; and
                                                                                                (B) in clause (iii)—
                                                                                                     (i) by striking ‘‘to the decline’’ and inserting ‘‘to any
                                                                                                  decline or absence of increase’’; and
                                                                                                     (ii) by striking ‘‘or’’ at the end;
                                                                                         (2) in subparagraph (B)(ii), by striking the period at the end
                                                                                      and inserting ‘‘; or’’; and
                                                                                         (3) by adding at the end the following:
                                                                                         ‘‘(C)(i) the sales or production, or both, of such firm have de-
                                                                                      creased;
                                                                                         ‘‘(ii)(I) exports of articles produced or services supplied by
                                                                                      such workers’ firm have decreased; or
                                                                                         ‘‘(II) imports of articles or services necessary for the produc-
                                                                                      tion of articles or services supplied by such firm have de-
                                                                                      creased; and
                                                                                         ‘‘(iii) the decrease in exports or imports described in clause
                                                                                      (ii) contributed to such workers’ separation or threat of separa-
                                                                                      tion and to the decline in the sales or production of such firm.’’.
                                                                                    (b) REPEAL.—Section 222 of the Trade Act of 1974 (19 U.S.C.
                                                                                  2272) is amended—
                                                                                         (1) in subsections (a) and (b), by striking ‘‘importantly’’ each
                                                                                      place it appears; and




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         (2) in subsection (c)—
                                                                                                (A) by striking paragraph (1); and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00075   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2062

                                                                                                 (B) by redesignating paragraphs (2) through (4) as para-
                                                                                              graphs (1) through (3), respectively.
                                                                                     (c) ELIGIBILITY OF STAFFED WORKERS AND TELEWORKERS.—Sec-
                                                                                  tion 222 of the Trade Act of 1974 (19 U.S.C. 2272), as amended by
                                                                                  subsection (b), is further amended by adding at the end the fol-
                                                                                  lowing:
                                                                                     ‘‘(f) TREATMENT OF STAFFED WORKERS AND TELEWORKERS.—
                                                                                           ‘‘(1) IN GENERAL.—For purposes of subsection (a), workers in
                                                                                         a firm include staffed workers and teleworkers.
                                                                                           ‘‘(2) DEFINITIONS.—In this subsection:
                                                                                                 ‘‘(A) STAFFED WORKER.—The term ‘staffed worker’ means
                                                                                              a worker who performs work under the operational control
                                                                                              of a firm that is the subject of a petition filed under section
                                                                                              221, even if the worker is directly employed by another
                                                                                              firm.
                                                                                                 ‘‘(B) TELEWORKER.—The term ‘teleworker’ means a work-
                                                                                              er who works remotely but who reports to the location list-
                                                                                              ed for a firm in a petition filed under section 221.’’.
                                                                                  SEC. 133103. APPLICATION OF DETERMINATIONS OF ELIGIBILITY TO
                                                                                              WORKERS EMPLOYED BY SUCCESSORS-IN-INTEREST.
                                                                                    Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended
                                                                                  by adding at the end the following:
                                                                                    ‘‘(f) TREATMENT OF WORKERS OF SUCCESSORS-IN-INTEREST.—If
                                                                                  the Secretary certifies a group of workers of a firm as eligible to
                                                                                  apply for adjustment assistance under this chapter, a worker of a
                                                                                  successor-in-interest to that firm shall be covered by the certifi-
                                                                                  cation to the same extent as a worker of that firm.’’.
                                                                                  SEC. 133104. PROVISION OF BENEFIT INFORMATION TO WORKERS.
                                                                                     Section 225 of the Trade Act of 1974 (19 U.S.C. 2275) is amend-
                                                                                  ed—
                                                                                           (1) in subsection (a), by inserting after the second sentence
                                                                                        the following new sentence: ‘‘The Secretary shall make every
                                                                                        effort to provide such information and assistance to workers in
                                                                                        their native language.’’; and
                                                                                           (2) in subsection (b)—
                                                                                                (A) by redesignating paragraph (2) as paragraph (3);
                                                                                                (B) by inserting after paragraph (1) the following:
                                                                                     ‘‘(2) The Secretary shall provide a second notice to a worker de-
                                                                                  scribed in paragraph (1) before the worker has exhausted all rights
                                                                                  to any unemployment insurance to which the worker is entitled
                                                                                  (other than additional compensation described in section
                                                                                  231(a)(3)(B) funded by a State and not reimbursed from Federal
                                                                                  funds).’’;
                                                                                                (C) in paragraph (3), as redesignated by paragraph (1),
                                                                                             by striking ‘‘newspapers of general circulation’’ and insert-
                                                                                             ing ‘‘appropriate print or digital outlets’’; and
                                                                                                (D) by adding at the end the following:
                                                                                     ‘‘(4) For purposes of providing sustained outreach regarding the
                                                                                  benefits available under this chapter to workers covered by a cer-
                                                                                  tification made under this subchapter, the Secretary may take any




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  necessary actions, including the following:




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00076   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2063

                                                                                           ‘‘(A) Collecting the email addresses and telephone numbers
                                                                                         of such workers from the employers of such workers to provide
                                                                                         sustained outreach to such workers.
                                                                                           ‘‘(B) Partnering with the certified or recognized union, a com-
                                                                                         munity-based worker organization, or other duly authorized
                                                                                         representatives of such workers.
                                                                                           ‘‘(C) Hiring peer support workers to perform sustained out-
                                                                                         reach to other workers covered by that certification.
                                                                                           ‘‘(D) Using advertising methods and public information cam-
                                                                                         paigns, including social media, in addition to notice published
                                                                                         in print or digital outlets under paragraph (3).’’.
                                                                                  SEC. 133105. QUALIFYING REQUIREMENTS FOR WORKERS.
                                                                                    (a) MODIFICATION OF CONDITIONS.—
                                                                                         (1) IN GENERAL.—Section 231(a) of the Trade Act of 1974 (19
                                                                                      U.S.C. 2291(a)) is amended—
                                                                                              (A) by striking paragraph (2);
                                                                                              (B) by redesignating paragraphs (3), (4), and (5) as para-
                                                                                           graphs (2), (3), and (4), respectively; and
                                                                                              (C) in paragraph (4) (as redesignated), by striking ‘‘para-
                                                                                           graphs (1) and (2)’’ each place it appears and inserting
                                                                                           ‘‘paragraph (1)’’.
                                                                                        (2) CONFORMING AMENDMENTS.—(A) Section 232 of the Trade
                                                                                      Act of 1974 (19 U.S.C. 2292) is amended by striking ‘‘section
                                                                                      231(a)(3)(B)’’ each place it appears and inserting ‘‘section
                                                                                      231(a)(2)(B)’’.
                                                                                        (B) Section 233(a) of the Trade Act of 1974 (19 U.S.C.
                                                                                      2293(a)) is amended—
                                                                                              (i) in paragraph (1), by striking ‘‘section 231(a)(3)(A)’’
                                                                                           and inserting ‘‘section 231(a)(2)(A)’’; and
                                                                                              (ii) in paragraph (2)—
                                                                                                    (I) by striking ‘‘adversely affected employment’’ and
                                                                                                 all that follows through ‘‘(A) within’’ and inserting ‘‘ad-
                                                                                                 versely affected employment within’’;
                                                                                                    (II) by striking ‘‘, and’’ and inserting a period; and
                                                                                                    (III) by striking subparagraph (B).
                                                                                    (b) WAIVERS OF TRAINING REQUIREMENTS.—Section 231(c)(1) of
                                                                                  the Trade Act of 1974 (19 U.S.C. 2291(c)(1)) is amended—
                                                                                        (1) by redesignating subparagraphs (A), (B), and (C) as sub-
                                                                                      paragraphs (C), (D), and (E), respectively; and
                                                                                        (2) by inserting before subparagraph (C) (as redesignated)
                                                                                      the following:
                                                                                              ‘‘(A) RECALL.—The worker has been notified that the
                                                                                           worker will be recalled by the firm from which the separa-
                                                                                           tion occurred.
                                                                                              ‘‘(B) RETIREMENT.—The worker is within 2 years of
                                                                                           meeting all requirements for entitlement to either—
                                                                                                    ‘‘(i) old-age insurance benefits under title II of the
                                                                                                 Social Security Act (42 U.S.C. 401 et seq.) (except for
                                                                                                 application therefor); or
                                                                                                    ‘‘(ii) a private pension sponsored by an employer or




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 labor organization.’’.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00077   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2064
                                                                                  SEC. 133106. MODIFICATION TO TRADE READJUSTMENT ALLOWANCES.
                                                                                     Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amend-
                                                                                  ed—
                                                                                           (1) in subsection (a)—
                                                                                                (A) in paragraph (2), by inserting after ‘‘104-week pe-
                                                                                             riod’’ the following: ‘‘(or, in the case of an adversely af-
                                                                                             fected worker who requires a program of prerequisite edu-
                                                                                             cation or remedial education (as described in section
                                                                                             236(a)(5)(D)) in order to complete training approved for the
                                                                                             worker under section 236, the 130-week period)’’;
                                                                                                (B) in paragraph (3), by striking ‘‘65 additional weeks in
                                                                                             the 78-week period’’ and inserting ‘‘78 additional weeks in
                                                                                             the 91-week period’’; and
                                                                                                (C) in the flush text, by striking ‘‘78-week period’’ and
                                                                                             inserting ‘‘91-week period’’;
                                                                                           (2) by striking subsection (d); and
                                                                                           (3) by amending subsection (f) to read as follows:
                                                                                     ‘‘(f) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COM-
                                                                                  PLETE TRAINING.—Notwithstanding any other provision of this sec-
                                                                                  tion, in order to assist an adversely affected worker to complete
                                                                                  training approved for the worker under section 236 that includes
                                                                                  a program of prerequisite education or remedial education (as de-
                                                                                  scribed in section 236(a)(5)(D)), and in accordance with regulations
                                                                                  prescribed by the Secretary, payments may be made as trade read-
                                                                                  justment allowances for up to 26 additional weeks in the 26-week
                                                                                  period that follows the last week of entitlement to trade readjust-
                                                                                  ment allowances otherwise payable under this chapter.’’.
                                                                                  SEC. 133107. AUTOMATIC EXTENSION OF TRADE READJUSTMENT AL-
                                                                                              LOWANCES.
                                                                                    (a) IN GENERAL.—Part I of subchapter B of chapter 2 of title II
                                                                                  of the Trade Act of 1974 (19 U.S.C. 2291 et seq.) is amended by
                                                                                  inserting after section 233 the following new section:
                                                                                  ‘‘SEC. 233A. AUTOMATIC EXTENSION OF TRADE READJUSTMENT AL-
                                                                                               LOWANCES.
                                                                                     ‘‘(a) IN GENERAL.—Notwithstanding the limitations under section
                                                                                  233(a), the Secretary shall extend the period during which trade re-
                                                                                  adjustment allowances are payable to an adversely affected worker
                                                                                  who completes training approved under section 236 by the Sec-
                                                                                  retary during a period of heightened unemployment with respect to
                                                                                  the State in which such worker seeks benefits, for the shorter of—
                                                                                            ‘‘(1) the 26-week period beginning on the date of completion
                                                                                         of such training; or
                                                                                            ‘‘(2) the period ending on the date on which the adversely af-
                                                                                         fected worker secures employment.
                                                                                     ‘‘(b) JOB SEARCH REQUIRED.—A worker shall only be eligible for
                                                                                  an extension under subsection (a) if the worker is complying with
                                                                                  the job search requirements associated with unemployment insur-
                                                                                  ance in the applicable State.
                                                                                     ‘‘(c) PERIOD OF HEIGHTENED UNEMPLOYMENT DEFINED.—In this
                                                                                  section, the term ‘period of heightened unemployment’ with respect
                                                                                  to a State means a 90-day period during which, in the determina-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  tion of the Secretary, either of the following average rates equals
                                                                                  or exceeds 5.5 percent:




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00078   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2065

                                                                                         ‘‘(1) The average rate of total unemployment in such State
                                                                                       (seasonally adjusted) for the period consisting of the most re-
                                                                                       cent 3-month period for which data for all States are published
                                                                                       before the close of such period.
                                                                                         ‘‘(2) The average rate of total unemployment in all States
                                                                                       (seasonally adjusted) for the period consisting of the most re-
                                                                                       cent 3-month period for which data for all States are published
                                                                                       before the close of such period.’’.
                                                                                     (b) CLERICAL AMENDMENT.—The table of contents for the Trade
                                                                                  Act of 1974 is amended by inserting after the item relating to sec-
                                                                                  tion 233 the following:
                                                                                  ‘‘Sec. 233A. Automatic extension of trade readjustment allowances.’’.
                                                                                  SEC. 133108. EMPLOYMENT AND CASE MANAGEMENT SERVICES.
                                                                                    Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amend-
                                                                                  ed—
                                                                                         (1) in paragraph (3)—
                                                                                               (A) by inserting after ‘‘regional areas’’ the following: ‘‘(in-
                                                                                            cluding information about registered apprenticeship pro-
                                                                                            grams, on-the-job training opportunities, and other work-
                                                                                            based learning opportunities)’’; and
                                                                                               (B) by inserting after ‘‘suitable training’’ the following: ‘‘,
                                                                                            information regarding the track record of a training pro-
                                                                                            vider’s ability to successfully place participants into suit-
                                                                                            able employment’’;
                                                                                         (2) by redesignating paragraph (8) as paragraph (10); and
                                                                                         (3) by inserting after paragraph (7) the following:
                                                                                         ‘‘(8) Information related to direct job placement, including fa-
                                                                                      cilitating the extent to which employers within the community
                                                                                      commit to employing workers who would benefit from the em-
                                                                                      ployment and case management services under this section.
                                                                                         ‘‘(9) Sustained outreach to groups of workers likely to be cer-
                                                                                      tified as eligible for adjustment assistance under this chapter
                                                                                      and members of certified worker groups who have not yet ap-
                                                                                      plied for or been enrolled in benefits or services under this
                                                                                      chapter, especially such groups and members from underserved
                                                                                      communities.’’.
                                                                                  SEC. 133109. TRAINING.
                                                                                   Section 236 of the Trade Act of 1974 (19 U.S.C. 2296(a)) is
                                                                                  amended—
                                                                                       (1) in subsection (a)—
                                                                                            (A) in paragraph (1)(D), by inserting ‘‘, with a dem-
                                                                                         onstrated ability to place participants into employment’’
                                                                                         before the comma at the end;
                                                                                            (B) in paragraph (3), by adding at the end before the pe-
                                                                                         riod the following: ‘‘, except that every effort shall be made
                                                                                         to ensure that employment opportunities are available
                                                                                         upon the completion of training’’; and
                                                                                            (C) in paragraph (5)—
                                                                                                 (i) in subparagraph (G), by striking ‘‘, and’’ and in-
                                                                                              serting a comma;




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 (ii) in subparagraph (H)(ii), by striking the period at
                                                                                              the end and inserting ‘‘, and’’; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00079   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2066

                                                                                                      (iii) by adding at the end before the flush text the
                                                                                                   following:
                                                                                           ‘‘(I) pre-apprenticeship training.’’; and
                                                                                           (2) by adding at the end the following:
                                                                                     ‘‘(h) REIMBURSEMENT FOR OUT-OF-POCKET TRAINING EXPENSES.—
                                                                                  If the Secretary approves training for a worker under paragraph
                                                                                  (1) of subsection (a), the Secretary may reimburse the worker for
                                                                                  out-of-pocket expenses relating to training program described in
                                                                                  paragraph (5) of that subsection that were incurred by the worker
                                                                                  on and after the date of the worker’s total or partial separation and
                                                                                  before the date on which the certification of eligibility under section
                                                                                  222 that covers the worker is issued.’’.
                                                                                  SEC. 133110. JOB SEARCH, RELOCATION, AND CHILD CARE ALLOW-
                                                                                              ANCES.
                                                                                    (a) JOB SEARCH ALLOWANCES.—Section 237 of the Trade Act of
                                                                                  1974 (19 U.S.C. 2297) is amended—
                                                                                        (1) in subsection (a)(1), by striking ‘‘may use funds made
                                                                                      available to the State to carry out sections 235 through 238’’
                                                                                      and inserting ‘‘shall use, from funds made available to the
                                                                                      State to carry out sections 235 through 238A, such amounts as
                                                                                      may be necessary’’;
                                                                                        (2) in subsection (a)(2), in the matter preceding subpara-
                                                                                      graph (A), by striking ‘‘may grant’’ and inserting ‘‘shall grant’’;
                                                                                      and
                                                                                        (3) in subsection (b)—
                                                                                              (A) in paragraph (1), by striking ‘‘not more than 90 per-
                                                                                           cent’’ and inserting ‘‘100 percent’’;
                                                                                              (B) in paragraph (2), by striking ‘‘$1,250’’ and inserting
                                                                                           ‘‘$2,000 (subject to adjustment under paragraph (4))’’; and
                                                                                              (C) by adding at the end the following;
                                                                                        ‘‘(4) ADJUSTMENT OF MAXIMUM ALLOWANCE LIMITATION FOR
                                                                                      INFLATION.—
                                                                                              ‘‘(A) IN GENERAL.—The Secretary of Labor shall adjust
                                                                                           the maximum allowance limitation under paragraph (2) on
                                                                                           the date that is 30 days after the date of the enactment
                                                                                           of this paragraph, and at the beginning of each fiscal year
                                                                                           thereafter, to reflect the percentage (if any) of the increase
                                                                                           in the average of the Consumer Price Index for the pre-
                                                                                           ceding 12-month period compared to the Consumer Price
                                                                                           Index for fiscal year 2020.
                                                                                              ‘‘(B) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—
                                                                                           In making an adjustment under subparagraph (A), the
                                                                                           Secretary—
                                                                                                    ‘‘(i) shall round the amount of any increase in the
                                                                                                 Consumer Price Index to the nearest dollar; and
                                                                                                    ‘‘(ii) may ignore any such increase of less than 1 per-
                                                                                                 cent.
                                                                                              ‘‘(C) CONSUMER PRICE INDEX DEFINED.—For purposes of
                                                                                           this paragraph, the term ‘Consumer Price Index’ means
                                                                                           the Consumer Price Index for All Urban Consumers pub-
                                                                                           lished by the Bureau of Labor Statistics of the Department
                                                                                           of Labor.’’.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                    (b) RELOCATION ALLOWANCES.—Section 238 of the Trade Act of
                                                                                  1974 (19 U.S.C. 2298) is amended—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00080   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2067

                                                                                          (1) in subsection (a)(1), by striking ‘‘may use funds made
                                                                                       available to the State to carry out sections 235 through 238’’
                                                                                       and inserting ‘‘shall use, from funds made available to the
                                                                                       State to carry out sections 235 through 238A, such amounts as
                                                                                       may be necessary’’;
                                                                                          (2) in subsection (a)(2), in the matter preceding subpara-
                                                                                       graph (A), by striking ‘‘may be granted’’ and inserting ‘‘shall be
                                                                                       granted’’;
                                                                                          (3) in subsection (b)—
                                                                                                (A) in paragraph (1), by striking ‘‘not more than 90 per-
                                                                                             cent’’ and inserting ‘‘100 percent’’; and
                                                                                                (B) in paragraph (2), by striking ‘‘$1,250’’ and inserting
                                                                                             ‘‘$2,000 (subject to adjustment under subsection (d))’’; and
                                                                                          (4) by adding at the end the following:
                                                                                    ‘‘(d) ADJUSTMENT OF MAXIMUM PAYMENT LIMITATION FOR INFLA-
                                                                                  TION.—
                                                                                          ‘‘(1) IN GENERAL.—The Secretary of Labor shall adjust the
                                                                                       maximum payment limitation under subsection (b)(2) on the
                                                                                       date that is 30 days after the date of the enactment of this
                                                                                       subsection, and at the beginning of each fiscal year thereafter,
                                                                                       to reflect the percentage (if any) of the increase in the average
                                                                                       of the Consumer Price Index for the preceding 12-month period
                                                                                       compared to the Consumer Price Index for fiscal year 2020.
                                                                                          ‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—In
                                                                                       making an adjustment under paragraph (1), the Secretary—
                                                                                                ‘‘(A) shall round the amount of any increase in the Con-
                                                                                             sumer Price Index to the nearest dollar; and
                                                                                                ‘‘(B) may ignore any such increase of less than 1 percent.
                                                                                          ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this
                                                                                       subsection, the term ‘Consumer Price Index’ means the Con-
                                                                                       sumer Price Index for All Urban Consumers published by the
                                                                                       Bureau of Labor Statistics of the Department of Labor.’’.
                                                                                    (c) CHILD CARE ALLOWANCES.—
                                                                                          (1) IN GENERAL.—Part II of subchapter B of chapter 2 of title
                                                                                       II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.) is amended
                                                                                       by adding at the end the following:
                                                                                  ‘‘SEC. 238A. CHILD CARE ALLOWANCES.
                                                                                     ‘‘(a) CHILD CARE ALLOWANCES AUTHORIZED.—
                                                                                           ‘‘(1) IN GENERAL.—Each State shall use,    from funds made
                                                                                       available to the State to carry out sections 235 through 238A,
                                                                                       such amounts as may be necessary to allow an adversely af-
                                                                                       fected worker covered by a certification issued under sub-
                                                                                       chapter A of this chapter to file an application for a child care
                                                                                       allowance with the Secretary, and the Secretary may grant the
                                                                                       child care allowance, subject to the terms and conditions of this
                                                                                       section.
                                                                                          ‘‘(2) CONDITIONS FOR GRANTING ALLOWANCE.—A child care al-
                                                                                       lowance shall be granted if the allowance will assist an ad-
                                                                                       versely affected worker to attend training or seek suitable em-
                                                                                       ployment, by providing for the care of one or more of the minor
                                                                                       dependents of the worker.
                                                                                    ‘‘(b) AMOUNT OF ALLOWANCE.—Any child care allowance granted




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  to a worker under subsection (a) shall not exceed $2,000 per minor
                                                                                  dependent per year.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00081   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2068

                                                                                    ‘‘(c) ADJUSTMENT OF MAXIMUM ALLOWANCE LIMITATION FOR IN-
                                                                                  FLATION.—
                                                                                          ‘‘(1) IN GENERAL.—The Secretary of Labor shall adjust the
                                                                                         maximum allowance limitation under subsection (b) on the
                                                                                         date that is 30 days after the date of the enactment of this
                                                                                         subsection, and at the beginning of each fiscal year thereafter,
                                                                                         to reflect the percentage (if any) of the increase in the average
                                                                                         of the Consumer Price Index for the preceding 12-month period
                                                                                         compared to the Consumer Price Index for fiscal year 2020.
                                                                                           ‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—In
                                                                                         making an adjustment under paragraph (1), the Secretary—
                                                                                                 ‘‘(A) shall round the amount of any increase in the Con-
                                                                                              sumer Price Index to the nearest dollar; and
                                                                                                 ‘‘(B) may ignore any such increase of less than 1 percent.
                                                                                           ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this
                                                                                         subsection, the term ‘Consumer Price Index’ means the Con-
                                                                                         sumer Price Index for All Urban Consumers published by the
                                                                                         Bureau of Labor Statistics of the Department of Labor.’’.
                                                                                           (2) CONFORMING AMENDMENTS.—
                                                                                                 (A) LIMITATIONS ON ADMINISTRATIVE EXPENSES AND EM-
                                                                                              PLOYMENT AND CASE MANAGEMENT SERVICES.—Section
                                                                                              235A of the Trade Act of 1974 (19 U.S.C. 2295a) is amend-
                                                                                              ed in the matter preceding paragraph (1) by striking
                                                                                              ‘‘through 238’’ and inserting ‘‘through 238A’’.
                                                                                                 (B) TRAINING.—Section 236(a)(2) of the Trade Act of
                                                                                              1974 (19 U.S.C. 2296(a)(2)) is amended—
                                                                                                       (i) in subparagraph (A), by striking ‘‘and 238’’ and
                                                                                                    inserting ‘‘238, and 238A’’;
                                                                                                       (ii) in subparagraph (B), by striking ‘‘and 238’’ each
                                                                                                    place it appears and inserting ‘‘238, and 238A’’;
                                                                                                       (iii) in subparagraph (C)(i), by striking ‘‘and 238’’
                                                                                                    and inserting ‘‘238, and 238A’’;
                                                                                                       (iv) in subparagraph (C)(v), by striking ‘‘and 238’’
                                                                                                    and inserting ‘‘238, and 238A’’; and
                                                                                                       (v) in subparagraph (E), by striking ‘‘and 238’’ each
                                                                                                    place it appears and inserting ‘‘238, and 238A’’.
                                                                                           (3) CLERICAL AMENDMENT.—The table of contents for the
                                                                                         Trade Act of 1974 is amended by adding after the item relating
                                                                                         to section 238 the following new item:
                                                                                  ‘‘Sec. 238A. Child care allowances.’’.
                                                                                  SEC. 133111. AGREEMENTS WITH STATES.
                                                                                    (a) COORDINATION.—Section 239(f) of the Trade Act of 1974 (19
                                                                                  U.S.C. 2311(f)) is amended—
                                                                                          (1) by striking ‘‘(f) Any agreement’’ and inserting the fol-
                                                                                        lowing:
                                                                                    ‘‘(f)(1) Any agreement’’; and
                                                                                          (2) by adding at the end the following:
                                                                                          ‘‘(2) In arranging for training programs to be carried out
                                                                                        under this chapter, each cooperating State agency shall, among
                                                                                        other factors, take into account and measure the progress of
                                                                                        the extent to which such programs—
                                                                                                ‘‘(A) achieve a satisfactory rate of completion and place-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                             ment in jobs that provide a living wage and that increase
                                                                                             economic security;




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00082   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2069

                                                                                               ‘‘(B) assist workers in developing the skills, networks,
                                                                                            and experiences necessary to advance along a career path;
                                                                                               ‘‘(C) assist workers from underserved communities to es-
                                                                                            tablish a work history, demonstrate success in the work-
                                                                                            place, and develop the skills that lead to entry into and re-
                                                                                            tention in unsubsidized employment; and
                                                                                               ‘‘(D) adequately serve individuals who face the greatest
                                                                                            barriers to employment, including people with low in-
                                                                                            comes, people of color, immigrants, persons with disabil-
                                                                                            ities, and formerly incarcerated individuals.
                                                                                         ‘‘(3) Each cooperating State agency shall facilitate joint co-
                                                                                      operation between training programs, representatives of work-
                                                                                      ers, employers, and communities, especially in underserved
                                                                                      rural and urban regions, to ensure a fair and engaging work-
                                                                                      place that balances the priorities and well-being of workers
                                                                                      with the needs of businesses.
                                                                                         ‘‘(4) Each cooperating State agency shall seek, including
                                                                                      through agreements and training programs described in this
                                                                                      subsection, to ensure the reemployment of adversely affected
                                                                                      workers upon completion of training as described in section
                                                                                      236.’’.
                                                                                    (b) ADMINISTRATION.—Section 239(g) of the Trade Act of 1974 (19
                                                                                  U.S.C. 2311(g)) is amended—
                                                                                         (1) by redesignating—
                                                                                               (A) paragraphs (1) through (4) as paragraphs (3) through
                                                                                            (6), respectively; and
                                                                                               (B) paragraph (5) as paragraph (8);
                                                                                         (2) by inserting before paragraph (3) (as redesignated) the
                                                                                      following:
                                                                                         ‘‘(1) review each layoff of more than 5 workers in a firm to
                                                                                      determine whether trade played a role in the layoff and wheth-
                                                                                      er workers in such firm are potentially eligible to receive bene-
                                                                                      fits under this chapter,
                                                                                         ‘‘(2) perform sustained outreach to firms to facilitate and as-
                                                                                      sist with filing petitions under section 221 and collecting nec-
                                                                                      essary supporting information,’’;
                                                                                         (3) in paragraph (3) (as redesignated), by striking ‘‘who ap-
                                                                                      plies for unemployment insurance of’’ and inserting ‘‘identified
                                                                                      under paragraph (1) of unemployment insurance benefits and’’;
                                                                                         (4) in paragraph (4) (as redesignated), by inserting ‘‘and as-
                                                                                      sist with’’ after ‘‘facilitate’’;
                                                                                         (5) in paragraph (6) (as redesignated), by striking ‘‘and’’ at
                                                                                      the end;
                                                                                         (6) by inserting after paragraph (6) (as redesignated) the fol-
                                                                                      lowing:
                                                                                         ‘‘(7) perform sustained outreach to workers from underserved
                                                                                      communities and to firms that employ a majority or a substan-
                                                                                      tial percentage of workers from underserved communities and
                                                                                      develop a plan, in consultation with the Secretary, for address-
                                                                                      ing common barriers to receiving services that such workers
                                                                                      have faced,’’;
                                                                                         (7) in paragraph (8) (as redesignated), by striking ‘‘funds pro-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                      vided to carry out this chapter are insufficient to make such
                                                                                      services available, make arrangements to make such services




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00083   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2070

                                                                                        available through other Federal programs’’ and inserting ‘‘sup-
                                                                                        port services are needed beyond what this chapter can provide,
                                                                                        make arrangements to coordinate such services available
                                                                                        through other Federal programs’’ ; and
                                                                                           (8) by adding at the end the following:
                                                                                           ‘‘(9) develop a strategy to engage with local workforce devel-
                                                                                        opment institutions, including local community colleges and
                                                                                        other educational institutions, and
                                                                                           ‘‘(10) develop a comprehensive strategy to provide agency
                                                                                        staffing to support the requirements of paragraphs (1) through
                                                                                        (9).’’.
                                                                                     (c) STAFFING.—Section 239 of the Trade Act of 1974 (19 U.S.C.
                                                                                  2311) is amended by striking subsection (k) and inserting the fol-
                                                                                  lowing:
                                                                                     ‘‘(k) STAFFING.—An agreement entered into under this section
                                                                                  shall provide that the cooperating State or cooperating State agen-
                                                                                  cy shall require that any individual engaged in functions (other
                                                                                  than functions that are not inherently governmental) to carry out
                                                                                  the trade adjustment assistance program under this chapter shall
                                                                                  be a State employee covered by a merit system of personnel admin-
                                                                                  istration.’’.
                                                                                  SEC. 133112. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PRO-
                                                                                              GRAM.
                                                                                   Section 246(a) of the Trade Act of 1974 (19 U.S.C. 2318(a)) is
                                                                                  amended—
                                                                                        (1) in paragraph (3)(B)(ii), by striking ‘‘$50,000’’ and insert-
                                                                                     ing ‘‘$70,000 (subject to adjustment under paragraph (8))’’;
                                                                                        (2) in paragraph (5)(B)(i), by striking ‘‘$10,000’’ and inserting
                                                                                     ‘‘$20,000 (subject to adjustment under paragraph (8))’’; and
                                                                                        (3) by adding at the end the following:
                                                                                        ‘‘(8) ADJUSTMENT OF SALARY LIMITATION AND TOTAL AMOUNT
                                                                                     OF PAYMENTS FOR INFLATION.—
                                                                                              ‘‘(A) IN GENERAL.—The Secretary of Labor shall adjust
                                                                                           the salary limitation under paragraph (3)(B)(ii) and the
                                                                                           amount under paragraph (5)(B)(i) on the date that is 30
                                                                                           days after the date of the enactment of this paragraph,
                                                                                           and at the beginning of each fiscal year thereafter, to re-
                                                                                           flect the percentage (if any) of the increase in the average
                                                                                           of the Consumer Price Index for the preceding 12-month
                                                                                           period compared to the Consumer Price Index for fiscal
                                                                                           year 2020.
                                                                                              ‘‘(B) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—
                                                                                           In making an adjustment under subparagraph (A), the
                                                                                           Secretary—
                                                                                                    ‘‘(i) shall round the amount of any increase in the
                                                                                                 Consumer Price Index to the nearest dollar; and
                                                                                                    ‘‘(ii) may ignore any such increase of less than 1 per-
                                                                                                 cent.
                                                                                              ‘‘(C) CONSUMER PRICE INDEX DEFINED.—For purposes of
                                                                                           this paragraph, the term ‘Consumer Price Index’ means
                                                                                           the Consumer Price Index for All Urban Consumers pub-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           lished by the Bureau of Labor Statistics of the Department
                                                                                           of Labor.’’.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00084   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2071
                                                                                  SEC. 133113. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO
                                                                                             PUBLIC AGENCY WORKERS.
                                                                                    (a) DEFINITIONS.—Section 247 of the Trade Act of 1974 (19
                                                                                  U.S.C. 2319) is amended—
                                                                                            (1) in paragraph (3)—
                                                                                                  (A) in the matter preceding subparagraph (A), by strik-
                                                                                               ing ‘‘The’’ and inserting ‘‘Subject to section 222(d)(5), the’’;
                                                                                               and
                                                                                                  (B) in subparagraph (A), by striking ‘‘or service sector
                                                                                               firm’’ and inserting ‘‘, service sector firm, or public agency’’;
                                                                                               and
                                                                                            (2) by adding at the end the following:
                                                                                            ‘‘(20) The term ‘public agency’ means a department or agency
                                                                                         of a State or local government or of the Federal Government.’’.
                                                                                     (b) GROUP ELIGIBILITY REQUIREMENTS.—Section 222 of the Trade
                                                                                  Act of 1974 (19 U.S.C. 2272), as amended by subsections (b) and
                                                                                  (c) of section 133102, is further amended—
                                                                                            (1) by redesignating subsections (c), (d), (e), and (f) as sub-
                                                                                         sections (d), (e), (f), and (g), respectively;
                                                                                            (2) by inserting after subsection (b) the following:
                                                                                     ‘‘(c) ADVERSELY AFFECTED WORKERS IN PUBLIC AGENCIES.—A
                                                                                  group of workers in a public agency shall be certified by the Sec-
                                                                                  retary as eligible to apply for adjustment assistance under this
                                                                                  chapter pursuant to a petition filed under section 221 if the Sec-
                                                                                  retary determines that—
                                                                                            ‘‘(1) a significant number or proportion of the workers in the
                                                                                         public agency have become totally or partially separated, or are
                                                                                         threatened to become totally or partially separated;
                                                                                            ‘‘(2) the public agency has acquired from a foreign country
                                                                                         services like or directly competitive with services which are
                                                                                         supplied by such agency; and
                                                                                            ‘‘(3) the acquisition of services described in paragraph (2)
                                                                                         contributed to such workers’ separation or threat of separa-
                                                                                         tion.’’;
                                                                                            (3) in subsection (d) (as redesignated), by adding at the end
                                                                                         the following:
                                                                                            ‘‘(5) REFERENCE TO FIRM.—For purposes of subsections (a)
                                                                                         and (b), the term ‘firm’ does not include a public agency.’’; and
                                                                                            (4) in paragraph (2) of subsection (e) (as redesignated), by
                                                                                         striking ‘‘subsection (a) or (b)’’ and inserting ‘‘subsection (a),
                                                                                         (b), or (c)’’.
                                                                                  SEC. 133114. DEFINITIONS.
                                                                                    (a) EXTENSION OF ADJUSTMENT ASSISTANCE FOR WORKERS TO
                                                                                  TERRITORIES.—Section 247(7) of the Trade Act of 1974 (19 U.S.C.
                                                                                  2319(7)) is amended—
                                                                                        (1) by inserting ‘‘, Guam, the Virgin Islands of the United
                                                                                      States, American Samoa, the Commonwealth of the Northern
                                                                                      Mariana Islands,’’ after ‘‘District of Columbia’’; and
                                                                                        (2) by striking ‘‘such Commonwealth.’’ and inserting ‘‘such
                                                                                      territories.’’.
                                                                                    (b) UNDERSERVED COMMUNITY.—Section 247 of the Trade Act of




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  1974 (19 U.S.C. 2319), as amended by section 133113(a), is further
                                                                                  amended by adding at the end the following:




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00085   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2072

                                                                                           ‘‘(21) The term ‘underserved community’ means a community
                                                                                         with populations sharing a particular characteristic that have
                                                                                         been systematically denied a full opportunity to participate in
                                                                                         aspects of economic, social, or civic life, such as Black, Latino,
                                                                                         and Indigenous and Native American persons, Asian Ameri-
                                                                                         cans and Pacific Islanders, other persons of color, members of
                                                                                         other minority communities, persons with disabilities, persons
                                                                                         who live in rural areas, and other populations otherwise ad-
                                                                                         versely affected by persistent poverty or inequality.’’.
                                                                                  SEC. 133115. SUBPOENA POWER.
                                                                                    Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amend-
                                                                                  ed—
                                                                                          (1) in subsection (a), by adding at the end the following: ‘‘The
                                                                                        authority under the preceding sentence includes the authority
                                                                                        of States to require, by subpoena, a firm to provide information
                                                                                        on workers employed by, or totally or partially separated from,
                                                                                        the firm that is necessary to make a determination under this
                                                                                        chapter or to provide outreach to workers, including the names
                                                                                        and address of workers.’’; and
                                                                                          (2) by adding at the end the following:
                                                                                    ‘‘(c) ENFORCEMENT OF SUBPOENAS BY STATES.—A State may en-
                                                                                  force compliance with a subpoena issued under subsection (a)—
                                                                                          ‘‘(1) as provided for under State law; and
                                                                                          ‘‘(2) by petitioning an appropriate United States district
                                                                                        court for an order requiring compliance with the subpoena.’’.

                                                                                       PART 2—TRADE ADJUSTMENT ASSISTANCE
                                                                                                   FOR FIRMS
                                                                                  SEC. 133201. PETITIONS AND DETERMINATIONS.
                                                                                    Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amend-
                                                                                  ed—
                                                                                           (1) in the second sentence of subsection (a), by striking
                                                                                        ‘‘Upon’’ and inserting ‘‘Not later than 15 days after’’;
                                                                                           (2) by amending subsection (c) to read as follows:
                                                                                    ‘‘(c)(1) The Secretary shall certify a firm (including any agricul-
                                                                                  tural firm or service sector firm) as eligible to apply for adjustment
                                                                                  assistance under this chapter if the Secretary determines—
                                                                                           ‘‘(A)(i) that a significant number or proportion of the workers
                                                                                        in such firm have become totally or partially separated, or are
                                                                                        threatened to become totally or partially separated, or
                                                                                           ‘‘(ii) that—
                                                                                                  ‘‘(I) sales or production, or both, of the firm have de-
                                                                                               creased absolutely or failed to increase,
                                                                                                  ‘‘(II) sales or production, or both, of an article or service
                                                                                               that accounted for not less than 25 percent of the total
                                                                                               sales or production of the firm during the 12-month period
                                                                                               preceding the most recent 12-month period for which data
                                                                                               are available have decreased absolutely or failed to in-
                                                                                               crease,
                                                                                                  ‘‘(III) sales or production, or both, of the firm during the




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               most recent 12-month period for which data are available
                                                                                               have decreased or failed to increase compared to—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00086   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2073

                                                                                                           ‘‘(aa) the average annual sales or production for the
                                                                                                        firm during the 24-month period preceding that 12-
                                                                                                        month period, or
                                                                                                           ‘‘(bb) the average annual sales or production for the
                                                                                                        firm during the 36-month period preceding that 12-
                                                                                                        month period, and
                                                                                                    ‘‘(IV) sales or production, or both, of an article or service
                                                                                                 that accounted for not less than 25 percent of the total
                                                                                                 sales or production of the firm during the most recent 12-
                                                                                                 month period for which data are available have decreased
                                                                                                 or failed to increase compared to—
                                                                                                           ‘‘(aa) the average annual sales or production for the
                                                                                                        article or service during the 24-month period pre-
                                                                                                        ceding that 12-month period, or
                                                                                                           ‘‘(bb) the average annual sales or production for the
                                                                                                        article or service during the 36-month period pre-
                                                                                                        ceding that 12-month period, and
                                                                                             ‘‘(B)(i) increases of imports of articles or services like or di-
                                                                                          rectly competitive with articles which are produced or services
                                                                                          which are supplied by such firm contributed to such total or
                                                                                          partial separation, or threat thereof, or to such decline or fail-
                                                                                          ure to increase in sales or production, or
                                                                                             ‘‘(ii) decreases in exports of articles produced or services sup-
                                                                                          plied by such firm, or imports of articles or services necessary
                                                                                          for the production of articles or services supplied by such firm,
                                                                                          contributed to such total or partial separation, or threat there-
                                                                                          of, or to such decline in sales or production.
                                                                                       ‘‘(2) For purposes of paragraph (1)(B):
                                                                                             ‘‘(A) Any firm which engages in exploration or drilling for oil
                                                                                          or natural gas shall be considered to be a firm producing oil
                                                                                          or natural gas.
                                                                                             ‘‘(B) Any firm that engages in exploration or drilling for oil
                                                                                          or natural gas, or otherwise produces oil or natural gas, shall
                                                                                          be considered to be producing articles directly competitive with
                                                                                          imports of oil and with imports of natural gas.’’; and
                                                                                             (3) in subsection (d)—
                                                                                                    (A) by striking ‘‘this section,’’ and inserting ‘‘this sec-
                                                                                                 tion.’’; and
                                                                                                    (B) by striking ‘‘but in any event’’ and all that follows
                                                                                                 and inserting the following: ‘‘If the Secretary does not
                                                                                                 make a determination with respect to a petition within 55
                                                                                                 days after the date on which an investigation is initiated
                                                                                                 under subsection (a) with respect to the petition, the Sec-
                                                                                                 retary shall be deemed to have certified the firm as eligible
                                                                                                 to apply for adjustment assistance under this chapter.’’.
                                                                                  SEC. 133202. APPROVAL OF ADJUSTMENT PROPOSALS.
                                                                                    Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is amend-
                                                                                  ed—
                                                                                        (1) in the second sentence of subsection (a), by adding at the
                                                                                      end before the period the following: ‘‘and an assessment of the
                                                                                      potential employment outcomes of such proposal’’;
                                                                                        (2) in subsection (b)(1)(B), by striking ‘‘gives adequate consid-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                      eration to’’ and inserting ‘‘is in’’;
                                                                                        (3) by redesignating subsection (c) as subsection (d); and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00087   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2074

                                                                                             (4) by inserting after subsection (b) the following:
                                                                                       ‘‘(c) AMOUNT OF ASSISTANCE.—
                                                                                             ‘‘(1) IN GENERAL.—A firm may receive adjustment assistance
                                                                                           under this chapter with respect to the firm’s economic adjust-
                                                                                           ment proposal in an amount not to exceed $300,000, subject to
                                                                                           adjustment under paragraph (2) and the matching requirement
                                                                                           under paragraph (3).
                                                                                             ‘‘(2) ADJUSTMENT OF ASSISTANCE LIMITATION FOR INFLA-
                                                                                           TION.—
                                                                                                   ‘‘(A) IN GENERAL.—The Secretary of Commerce shall ad-
                                                                                                just the technical assistance limitation under paragraph
                                                                                                (1) on the date that is 30 days after the date of the enact-
                                                                                                ment of this paragraph, and at the beginning of each fiscal
                                                                                                year thereafter, to reflect the percentage (if any) of the in-
                                                                                                crease in the average of the Consumer Price Index for the
                                                                                                preceding 12-month period compared to the Consumer
                                                                                                Price Index for fiscal year 2020.
                                                                                                   ‘‘(B) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—
                                                                                                In making an adjustment under subparagraph (A), the
                                                                                                Secretary—
                                                                                                         ‘‘(i) shall round the amount of any increase in the
                                                                                                      Consumer Price Index to the nearest dollar; and
                                                                                                         ‘‘(ii) may ignore any such increase of less than 1 per-
                                                                                                      cent.
                                                                                                   ‘‘(C) CONSUMER PRICE INDEX DEFINED.—For purposes of
                                                                                                this paragraph, the term ‘Consumer Price Index’ means
                                                                                                the Consumer Price Index for All Urban Consumers pub-
                                                                                                lished by the Bureau of Labor Statistics of the Department
                                                                                                of Labor.
                                                                                             ‘‘(3) MATCHING REQUIREMENT.—A firm may receive adjust-
                                                                                           ment assistance under this chapter only if the firm provides
                                                                                           matching funds in an amount equal to the amount of adjust-
                                                                                           ment assistance received under paragraph (1).’’.
                                                                                  SEC. 133203. TECHNICAL ASSISTANCE.
                                                                                      Section 253(a)(3) of the Trade Act of 1974 (19 U.S.C. 2343(a)(3))
                                                                                  is amended by adding at the end before the period the following:
                                                                                  ‘‘, including assistance to provide skills training programs to em-
                                                                                  ployees of the firm’’.
                                                                                  SEC. 133204. DEFINITIONS.
                                                                                    Section 259 of the Trade Act of 1974 (19 U.S.C. 2351) is amended
                                                                                  by adding at the end the following:
                                                                                        ‘‘(3) UNDERSERVED COMMUNITY.—The term ‘underserved
                                                                                      community’ has the meaning given that term in section 247.’’.
                                                                                  SEC. 133205. PLAN FOR SUSTAINED OUTREACH TO POTENTIALLY-ELI-
                                                                                              GIBLE FIRMS.
                                                                                    (a) IN GENERAL.—Chapter 3 of title II of the Trade Act of 1974
                                                                                  (19 U.S.C. 2341 et seq.) is amended by adding at the end the fol-
                                                                                  lowing:
                                                                                  ‘‘SEC. 263. PLAN FOR SUSTAINED OUTREACH TO POTENTIALLY-ELIGI-
                                                                                               BLE FIRMS.
                                                                                     ‘‘(a) IN GENERAL.—The Secretary shall develop a plan to provide




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  sustained outreach to firms that may be eligible for adjustment as-
                                                                                  sistance under this chapter.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00088   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2075

                                                                                     ‘‘(b) MATTERS TO BE INCLUDED.—The plan required by paragraph
                                                                                  (1) shall include the following:
                                                                                           ‘‘(1) Outreach to the United States International Trade Com-
                                                                                         mission and to such firms in industries with increased imports
                                                                                         identified in the Commission’s annual report regarding the op-
                                                                                         eration of the trade agreements program under section 163(c).
                                                                                           ‘‘(2) Outreach to such firms in the service sector.
                                                                                           ‘‘(3) Outreach to such firms that are small businesses.
                                                                                           ‘‘(4) Outreach to such firms that are minority- or women-
                                                                                         owned firms.
                                                                                           ‘‘(5) Outreach to such firms that employ a majority or a sub-
                                                                                         stantial percentage of workers from underserved communities.
                                                                                     ‘‘(c) UPDATES.—The Secretary shall update the plan required
                                                                                  under this section on an annual basis.
                                                                                     ‘‘(d) SUBMISSION TO CONGRESS.—The Secretary shall submit the
                                                                                  plan and each update to the plan required under this section to
                                                                                  Congress.’’.
                                                                                     (b) CLERICAL AMENDMENT.—The table of contents for the Trade
                                                                                  Act of 1974 is amended by inserting after the item relating to sec-
                                                                                  tion 262 the following new item:
                                                                                  ‘‘Sec. 263. Plan for sustained outreach to potentially-eligible firms.’’.

                                                                                  PART 3—TRADE ADJUSTMENT ASSISTANCE
                                                                                   FOR COMMUNITIES AND COMMUNITY COL-
                                                                                   LEGES
                                                                                  SEC. 133301. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.
                                                                                    (a) IN GENERAL.—Chapter 4 of title II of the Trade Act of 1974
                                                                                  (19 U.S.C. 2371 et seq.) is amended—
                                                                                        (1) by inserting after the chapter heading the following:
                                                                                            ‘‘Subchapter B—Trade Adjustment Assistance for
                                                                                              Community Colleges and Career Training’’; and
                                                                                           (2) by redesignating sections 271 and 272 as sections 279
                                                                                         and 279A, respectively; and
                                                                                           (3) by inserting before subchapter B (as designated by para-
                                                                                         graph (1)) the following:
                                                                                            ‘‘Subchapter A—Trade Adjustment Assistance for
                                                                                                            Communities
                                                                                  ‘‘SEC. 271. DEFINITIONS.
                                                                                       ‘‘In this subchapter:
                                                                                             ‘‘(1) AGRICULTURAL COMMODITY PRODUCER.—The term ‘agri-
                                                                                          cultural commodity producer’ has the meaning given that term
                                                                                          in section 291.
                                                                                             ‘‘(2) COMMUNITY.—The term ‘community’ means—
                                                                                                   ‘‘(A) a city or other political subdivision of a State, in-
                                                                                                cluding a special purpose unit of a State or local govern-
                                                                                                ment engaged in economic or infrastructure development




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                activities, or a consortium of political subdivisions;




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00089   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2076

                                                                                                  ‘‘(B) an Economic Development District designated by
                                                                                               the Economic Development Administration of the Depart-
                                                                                               ment of Commerce; or
                                                                                                  ‘‘(C) an Indian Tribe.
                                                                                            ‘‘(3) ELIGIBLE COMMUNITY.—The term ‘eligible community’
                                                                                         means a community that is impacted by trade under section
                                                                                         273(a)(2) and is determined to be eligible for assistance under
                                                                                         this subchapter.
                                                                                            ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
                                                                                                  ‘‘(A) an eligible community;
                                                                                                  ‘‘(B) an institution of higher education or a consortium
                                                                                               of institutions of higher education; or
                                                                                                  ‘‘(C) a public or private nonprofit organization or associa-
                                                                                               tion acting in cooperation with officials of a political sub-
                                                                                               division of a State.
                                                                                            ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
                                                                                         of Commerce.
                                                                                            ‘‘(5) UNDERSERVED COMMUNITY.—The term ‘underserved
                                                                                         community’ has the meaning given that term in section 247.
                                                                                  ‘‘SEC. 272. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE FOR
                                                                                               COMMUNITIES PROGRAM.
                                                                                    ‘‘The Secretary, acting through the Assistant Secretary for Eco-
                                                                                  nomic Development, shall, not later than 180 days after the date
                                                                                  of enactment of this subchapter, establish a program to provide
                                                                                  communities impacted by trade with assistance in accordance with
                                                                                  the requirements of this subchapter.
                                                                                  ‘‘SEC. 273. ELIGIBILITY; NOTIFICATION OF ELIGIBILITY.
                                                                                     ‘‘(a) ELIGIBILITY.—
                                                                                           ‘‘(1) IN GENERAL.—A community shall be eligible for assist-
                                                                                         ance under this subchapter if the community is a community
                                                                                         impacted by trade under paragraph (2).
                                                                                           ‘‘(2) COMMUNITY IMPACTED BY TRADE.—A community is im-
                                                                                         pacted by trade if it meets each of the following requirements:
                                                                                                 ‘‘(A) One or more of the following certifications are made
                                                                                              with respect to the community:
                                                                                                       ‘‘(i) By the Secretary of Labor, that a group of work-
                                                                                                    ers located in the community is eligible to apply for as-
                                                                                                    sistance under section 223.
                                                                                                       ‘‘(ii) By the Secretary of Commerce, that a firm lo-
                                                                                                    cated in the community is eligible to apply for adjust-
                                                                                                    ment assistance under section 251.
                                                                                                       ‘‘(iii) By the Secretary of Agriculture, that a group of
                                                                                                    agricultural commodity producers located in the com-
                                                                                                    munity is eligible to apply for adjustment assistance
                                                                                                    under section 293.
                                                                                                 ‘‘(B) The community—
                                                                                                       ‘‘(i) applies for assistance not later than 180 days
                                                                                                    after the date on which the most recent certification
                                                                                                    described in subparagraph (A) is made; or
                                                                                                       ‘‘(ii) in the case of a community with respect to




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                    which one or more such certifications were made on or
                                                                                                    after January 1, 1994, and before the date of the en-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00090   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2077

                                                                                                actment of this subchapter, applies for assistance not
                                                                                                later than September 30, 2024.
                                                                                             ‘‘(C) The community—
                                                                                                   ‘‘(i) has a per capita income of 80 percent or less of
                                                                                                the national average;
                                                                                                   ‘‘(ii) has an unemployment rate that is, for the most
                                                                                                recent 24-month period for which data are available,
                                                                                                at least 1 percent greater than the national average
                                                                                                unemployment rate; or
                                                                                                   ‘‘(iii) is significantly affected by a loss of, or threat
                                                                                                to, the jobs associated with any certification described
                                                                                                in subparagraph (A), or the community is undergoing
                                                                                                transition of its economic base as a result of changing
                                                                                                trade patterns, as determined by the Secretary.
                                                                                    ‘‘(b) NOTIFICATION OF ELIGIBILITY.—If one or more certifications
                                                                                  described in subsection (a)(2)(A) are made with respect to a com-
                                                                                  munity, the applicable Secretary with respect to such certification
                                                                                  shall concurrently, notify the Governor of the State in which the
                                                                                  community is located of the ability of the community to apply for
                                                                                  assistance under this section.
                                                                                  ‘‘SEC. 274. GRANTS TO ELIGIBLE COMMUNITIES.
                                                                                     ‘‘(a) IN GENERAL.—The Secretary may—
                                                                                             ‘‘(1) upon the application of an eligible community, award a
                                                                                          grant under this section to the community to assist in devel-
                                                                                          oping or updating a strategic plan that meets the requirements
                                                                                          of section 275; or
                                                                                             ‘‘(2) upon the application of an eligible entity, award an im-
                                                                                          plementation grant under this section to the entity to assist in
                                                                                          implementing projects included in a strategic plan that meets
                                                                                          the requirements of section 275.
                                                                                       ‘‘(b) SPECIAL PROVISIONS.—
                                                                                             ‘‘(1) REVOLVING LOAN FUND GRANTS.—
                                                                                                   ‘‘(A) IN GENERAL.—The Secretary shall maintain the
                                                                                                proper operation and financial integrity of revolving loan
                                                                                                funds established by eligible entities with assistance under
                                                                                                this section.
                                                                                                   ‘‘(B) EFFICIENT ADMINISTRATION.—The Secretary may—
                                                                                                         ‘‘(i) at the request of an eligible entity, amend and
                                                                                                      consolidate grant agreements governing revolving loan
                                                                                                      funds to provide flexibility with respect to lending
                                                                                                      areas and borrower criteria; and
                                                                                                         ‘‘(ii) assign or transfer assets of a revolving loan
                                                                                                      fund to third party for the purpose of liquidation, and
                                                                                                      the third party may retain assets of the fund to defray
                                                                                                      costs related to liquidation.
                                                                                                   ‘‘(C) TREATMENT OF ACTIONS.—An action taken by the
                                                                                                Secretary under this subsection with respect to a revolving
                                                                                                loan fund shall not constitute a new obligation if all grant
                                                                                                funds associated with the original grant award have been
                                                                                                disbursed to the recipient.
                                                                                             ‘‘(2) USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER
                                                                                          PROJECT COST.—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                   ‘‘(A) IN GENERAL.—In the case of a grant for a construc-
                                                                                                tion project under this section, if the Secretary determines,




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00091   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2078

                                                                                               before closeout of the project, that the cost of the project,
                                                                                               based on the designs and specifications that were the basis
                                                                                               of the grant, has decreased because of decreases in costs,
                                                                                               the Secretary may approve the use of the excess funds (or
                                                                                               a portion of the excess funds) to improve the project.
                                                                                                  ‘‘(B) OTHER USES OF EXCESS FUNDS.—Any amount of ex-
                                                                                               cess funds remaining after application of subparagraph (A)
                                                                                               may be used by the Secretary for providing assistance
                                                                                               under this section.
                                                                                     ‘‘(c) COORDINATION.—If an eligible institution (as such term is de-
                                                                                  fined in section 279) located in an eligible community is seeking a
                                                                                  grant under section 279 at the same time the community is seeking
                                                                                  an implementation grant under subsection (a)—
                                                                                            ‘‘(1) the Secretary, upon receipt of such information from the
                                                                                         Secretary of Labor as required under section 279(e), shall no-
                                                                                         tify the community that the institution is seeking a grant
                                                                                         under section 279; and
                                                                                            ‘‘(2) the community shall provide to the Secretary, in coordi-
                                                                                         nation with the institution, a description of how the commu-
                                                                                         nity will integrate projects included in the strategic plan with
                                                                                         the specific project for which the institution submits the grant
                                                                                         proposal under section 279.
                                                                                     ‘‘(d) LIMITATION.—The total amount of grants awarded with re-
                                                                                  spect to an eligible community under this section for fiscal years
                                                                                  2022 through 2026 may not exceed $25,000,000.
                                                                                     ‘‘(e) PRIORITY.—The Secretary shall, in awarding grants under
                                                                                  this section, provide higher levels of funding with respect to eligible
                                                                                  communities that have a history of economic distress and long-term
                                                                                  unemployment, as determined by the Secretary.
                                                                                     ‘‘(f) GEOGRAPHIC DIVERSITY.—
                                                                                            ‘‘(1) IN GENERAL.—The Secretary shall, in awarding grants
                                                                                         under this section, ensure that grants are awarded with re-
                                                                                         spect to eligible communities from geographically diverse
                                                                                         areas.
                                                                                            ‘‘(2) GEOGRAPHIC REGION REQUIREMENT.—The Secretary
                                                                                         shall, in meeting the requirement under paragraph (1), award
                                                                                         a grant under this section for each of the fiscal years 2022
                                                                                         through 2026 to at least one eligible community located in each
                                                                                         geographic region for which regional offices of the Economic
                                                                                         Development Administration of the Department of Commerce
                                                                                         are responsible, to the extent that the Secretary receives an
                                                                                         application from at least one eligible community in each such
                                                                                         geographic region.
                                                                                  ‘‘SEC. 275. STRATEGIC PLANS.
                                                                                     ‘‘(a) IN GENERAL.—A strategic plan meets the requirements of
                                                                                  this section if—
                                                                                          ‘‘(1) the consultation requirements of subsection (b) are met
                                                                                       with respect to the development of the plan;
                                                                                          ‘‘(2) the plan meets the requirements of subsection (c); and
                                                                                          ‘‘(3) the plan is approved in accordance with the require-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                       ments of subsection (d).
                                                                                    ‘‘(b) CONSULTATION.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00092   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2079

                                                                                           ‘‘(1) IN GENERAL.—To the extent practicable, an eligible com-
                                                                                        munity shall consult with the entities described in paragraph
                                                                                        (2) in developing the strategic plan.
                                                                                           ‘‘(2) ENTITIES DESCRIBED.—The entities described in this
                                                                                        paragraph are public and private entities located in or serving
                                                                                        the eligible community, including—
                                                                                                 ‘‘(A) local, county, or State government agencies;
                                                                                                 ‘‘(B) firms, including small- and medium-sized firms;
                                                                                                 ‘‘(C) local workforce investment boards;
                                                                                                 ‘‘(D) labor organizations, including State labor federa-
                                                                                              tions and labor-management initiatives, representing
                                                                                              workers in the community;
                                                                                                 ‘‘(E) educational institutions, local educational agencies,
                                                                                              and other training providers; and
                                                                                                 ‘‘(F) local civil rights organizations and community-based
                                                                                              organizations, including organizations representing under-
                                                                                              served communities.
                                                                                    ‘‘(c) CONTENTS.—The strategic plan may contain, as applicable to
                                                                                  the community, the following:
                                                                                           ‘‘(1) A description and analysis of the capacity of the eligible
                                                                                        community to achieve economic adjustment to the impact of
                                                                                        trade.
                                                                                           ‘‘(2) An analysis of the economic development challenges and
                                                                                        opportunities facing the community, including the strengths
                                                                                        and weaknesses of the economy of the community.
                                                                                           ‘‘(3) An assessment of—
                                                                                                 ‘‘(A) the commitment of the community to carry out the
                                                                                              strategic plan on a long-term basis;
                                                                                                 ‘‘(B) the participation and input of members of the com-
                                                                                              munity who are dislocated from employment due to the
                                                                                              impact of trade; and
                                                                                                 ‘‘(C) the extent to which underserved communities have
                                                                                              been impacted by trade.
                                                                                           ‘‘(4) A description of how underserved communities will ben-
                                                                                        efit from the strategic plan.
                                                                                           ‘‘(5) A description of the role of the entities described in sub-
                                                                                        section (b)(2) in developing the strategic plan.
                                                                                           ‘‘(6) A description of projects under the strategic plan to fa-
                                                                                        cilitate the community’s economic adjustment to the impact of
                                                                                        trade, including projects to—
                                                                                                 ‘‘(A) develop public facilities, public services, jobs, and
                                                                                              businesses (including establishing a revolving loan fund);
                                                                                                 ‘‘(B) provide for planning and technical assistance;
                                                                                                 ‘‘(C) provide for training;
                                                                                                 ‘‘(D) provide for the demolition of vacant or abandoned
                                                                                              commercial, industrial, or residential property;
                                                                                                 ‘‘(E) redevelop brownfields;
                                                                                                 ‘‘(F) establish or support land banks;
                                                                                                 ‘‘(G) support energy conservation; and
                                                                                                 ‘‘(H) support historic preservation.
                                                                                           ‘‘(7) A strategy for continuing the community’s economic ad-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        justment to the impact of trade after the completion of such
                                                                                        projects.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00093   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2080

                                                                                           ‘‘(8) A description of the educational and training programs
                                                                                        and the potential employment opportunities available to work-
                                                                                        ers in the community, including for workers under the age of
                                                                                        25, and the future employment needs of the community.
                                                                                           ‘‘(9) An assessment of—
                                                                                                 ‘‘(A) the cost of implementing the strategic plan; and
                                                                                                 ‘‘(B) the timing of funding required by the community to
                                                                                              implement the strategic plan.
                                                                                           ‘‘(10) A description of the methods of financing to be used to
                                                                                        implement the strategic plan, including—
                                                                                                 ‘‘(A) an implementation grant received under section 274
                                                                                              or under other authorities;
                                                                                                 ‘‘(B) a loan, including the establishment of a revolving
                                                                                              loan fund; or
                                                                                                 ‘‘(C) other types of financing.
                                                                                           ‘‘(11) An assessment of how the community will address un-
                                                                                        employment among agricultural commodity producers, if appli-
                                                                                        cable.
                                                                                    ‘‘(d) APPROVAL; CEDS EQUIVALENT.—
                                                                                           ‘‘(1) APPROVAL.—The Secretary shall approve the strategic
                                                                                        plan developed by an eligible community under this section if
                                                                                        the Secretary determines that the strategic plan meets the re-
                                                                                        quirements of this section.
                                                                                           ‘‘(2) CEDS OR EQUIVALENT.—The Secretary may deem an eli-
                                                                                        gible community’s Comprehensive Economic Development
                                                                                        Strategy that substantially meets the requirements of this sec-
                                                                                        tion to be an approved strategic plan for purposes of this sub-
                                                                                        chapter.
                                                                                    ‘‘(e) ALLOCATION.—Of the funds appropriated to carry out this
                                                                                  chapter for each of the fiscal years 2022 through 2026, the Sec-
                                                                                  retary may make available not more than $50,000,000 to award
                                                                                  grants under section 274(a)(1).
                                                                                  ‘‘SEC. 276. COORDINATION OF FEDERAL RESPONSE AND OTHER ADDI-
                                                                                               TIONAL TECHNICAL ASSISTANCE.
                                                                                     ‘‘(a) IN GENERAL.—The Secretary shall coordinate the Federal re-
                                                                                  sponse with respect to an eligible community that is awarded an
                                                                                  implementation grant under section 274(a)(2) to implement the
                                                                                  community’s strategic plan that meets the requirements of section
                                                                                  275 by—
                                                                                          ‘‘(1) identifying and consulting, as appropriate, with any
                                                                                       other Federal, State, regional, or local government agency;
                                                                                          ‘‘(2) assisting the community to access assistance from other
                                                                                       available Federal sources as necessary to fulfill the commu-
                                                                                       nity’s strategic plan developed under section 275; and
                                                                                          ‘‘(3) ensuring that such assistance is provided in a targeted,
                                                                                       integrated manner.
                                                                                    ‘‘(b) TRANSFER OF FUNDS.—
                                                                                          ‘‘(1) TRANSFER OF FUNDS TO OTHER FEDERAL AGENCIES.—
                                                                                       Funds appropriated to carry out this chapter may be trans-
                                                                                       ferred between Federal agencies, if the funds are used for the
                                                                                       purposes for which the funds are specifically appropriated.
                                                                                          ‘‘(2) TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                ‘‘(A) IN GENERAL.—Subject to subparagraph (B), for the
                                                                                             purposes of this chapter, the Secretary may accept trans-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00094   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2081

                                                                                             fers of funds from other Federal agencies if the funds are
                                                                                             used for the purposes for which (and in accordance with
                                                                                             the terms under which) the funds are specifically appro-
                                                                                             priated.
                                                                                                ‘‘(B) USE OF FUNDS.—The transferred funds—
                                                                                                      ‘‘(i) shall remain available until expended; and
                                                                                                      ‘‘(ii) may, to the extent necessary to carry out this
                                                                                                   chapter, be transferred to and merged by the Sec-
                                                                                                   retary with the appropriations for salaries and ex-
                                                                                                   penses.
                                                                                    ‘‘(c) ADDITIONAL TECHNICAL ASSISTANCE.—In addition to the co-
                                                                                  ordination and assistance described in subsection (a), the Secretary
                                                                                  shall provide technical assistance for communities—
                                                                                          ‘‘(1) to identify significant impediments to economic develop-
                                                                                        ment that result from the impact of trade on the community,
                                                                                        including in the course of developing a strategic plan under
                                                                                        section 275; and
                                                                                          ‘‘(2) to access assistance under other available sources, in-
                                                                                        cluding State, local, or private sources, to implement projects
                                                                                        that diversify and strengthen the economy in the community.
                                                                                  ‘‘SEC. 277. GENERAL PROVISIONS.
                                                                                     ‘‘(a) REGULATIONS.—
                                                                                           ‘‘(1) IN GENERAL.—The Secretary shall, subject to paragraph
                                                                                        (3), promulgate such regulations as may be necessary to carry
                                                                                        out this subchapter, including with respect to—
                                                                                                 ‘‘(A) administering the awarding of grants under section
                                                                                              274, including establishing guidelines for the submission
                                                                                              and evaluation of grant applications under such section;
                                                                                              and
                                                                                                 ‘‘(B) establishing guidelines for the evaluation of stra-
                                                                                              tegic plans developed to meet the requirements of section
                                                                                              275.
                                                                                           ‘‘(2) CONSULTATIONS.—The Secretary shall consult with the
                                                                                        Committee on Ways and Means of the House of Representa-
                                                                                        tives and the Committee on Finance of the Senate not later
                                                                                        than 90 days prior to promulgating any final rule or regulation
                                                                                        under this subsection.
                                                                                           ‘‘(3) RELATIONSHIP TO EXISTING REGULATIONS.—The Sec-
                                                                                        retary, to the maximum extent practicable, shall—
                                                                                                 ‘‘(A) rely on and apply regulations promulgated to carry
                                                                                              out other economic development programs of the Depart-
                                                                                              ment of Commerce in carrying out this subchapter; and
                                                                                                 ‘‘(B) provide guidance regarding the manner and extent
                                                                                              to which such other economic development programs relate
                                                                                              to this subchapter.
                                                                                     ‘‘(b) RESOURCES.—The Secretary shall allocate such resources as
                                                                                  may be necessary to provide sufficiently individualized assistance
                                                                                  to each eligible community that receives a grant under section
                                                                                  274(a) or seeks technical assistance under section 276(c) to develop
                                                                                  and implement a strategic plan that meets the requirements of sec-
                                                                                  tion 275.’’.
                                                                                     (b) CLERICAL AMENDMENT.—The table of contents for the Trade




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  Act of 1974 is amended by striking the items relating to chapter
                                                                                  4 of title II and inserting the following:




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00095   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2082
                                                                                               ‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
                                                                                           ‘‘SUBCHAPTER A—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES
                                                                                  ‘‘Sec. 271. Definitions.
                                                                                  ‘‘Sec. 272. Establishment of trade adjustment assistance for communities program.
                                                                                  ‘‘Sec. 273. Eligibility; notification of eligibility.
                                                                                  ‘‘Sec. 274. Grants to eligible communities.
                                                                                  ‘‘Sec. 275. Strategic plans.
                                                                                  ‘‘Sec. 276. Coordination of Federal response and other additional technical assist-
                                                                                                ance.
                                                                                  ‘‘Sec. 277. General provisions.
                                                                                      ‘‘SUBCHAPTER B—COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM
                                                                                  ‘‘Sec. 279. Community College and Career Training Grant Program.
                                                                                  ‘‘Sec. 279A. Authorization of appropriations.’’.
                                                                                  SEC. 133302. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITY COL-
                                                                                              LEGES AND CAREER TRAINING.
                                                                                    Section 279 of the Trade Act of 1974, as redesignated by section
                                                                                  133301(a)(2), is amended as follows:
                                                                                          (1) In subsection (a)—
                                                                                                (A) in paragraph (1), by striking ‘‘eligible institutions’’
                                                                                             and inserting ‘‘eligible entities’’; and
                                                                                                (B) in paragraph (2)—
                                                                                                       (i) in the matter preceding subparagraph (A), by
                                                                                                    striking ‘‘eligible institution’’ and inserting ‘‘eligible
                                                                                                    entity’’; and
                                                                                                       (ii) in subparagraph (B)—
                                                                                                             (I) by striking ‘‘$1,000,000’’ and inserting
                                                                                                          ‘‘$2,500,000’’;
                                                                                                             (II) by striking ‘‘(B)’’ and inserting ‘‘(B)(i) in the
                                                                                                          case of an eligible institution,’’;
                                                                                                             (III) by striking the period at the end and in-
                                                                                                          serting ‘‘; or’’; and
                                                                                                             (IV) by adding at the end the following:
                                                                                                ‘‘(ii) in the case of a consortium of eligible institutions,
                                                                                             a grant under this section in excess of $15,000,000.’’.
                                                                                          (2) In subsection (b), by adding at the end the following:
                                                                                          ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an el-
                                                                                        igible institution or a consortium of eligible institutions.
                                                                                          ‘‘(4) UNDERSERVED COMMUNITY.—The term ‘underserved
                                                                                        community’ has the meaning given that term in section 247.’’.
                                                                                          (3) In subsection (c)—
                                                                                                (A) by striking ‘‘eligible institution’’ each place it appears
                                                                                             and inserting ‘‘eligible entity’’; and
                                                                                                (B) in paragraph (5)(A)(i)—
                                                                                                       (i) in subclause (I), by striking ‘‘and’’ at the end; and
                                                                                                       (ii) by adding at the end the following:
                                                                                                             ‘‘(III) any opportunities to support industry or
                                                                                                          sector partnerships to develop or expand quality
                                                                                                          academic programs and curricula; and’’.
                                                                                          (4) In subsection (d), by striking ‘‘eligible institution’’ each
                                                                                        place it appears and inserting ‘‘eligible entity’’.
                                                                                          (5) By redesignating subsection (e) as subsection (h) and in-
                                                                                        serting after subsection (d) the following:
                                                                                    ‘‘(e) USE OF FUNDS.—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          ‘‘(1) IN GENERAL.—An eligible entity shall use a grant award-
                                                                                        ed under this section to establish and scale career training pro-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00096   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2083

                                                                                        grams, including career and technical education programs, and
                                                                                        career pathways and supports for students participating in
                                                                                        such programs.
                                                                                          ‘‘(2) STUDENT SUPPORT AND EMERGENCY SERVICES.—Not less
                                                                                        than 15 percent of the amount of a grant awarded to an eligi-
                                                                                        ble entity under this section shall be used to carry out student
                                                                                        support services, which may include the following:
                                                                                                ‘‘(A) Supportive services, including childcare, transpor-
                                                                                             tation, mental health services, or substance use disorder
                                                                                             prevention and treatment, assistance in obtaining health
                                                                                             insurance coverage, housing, and other benefits, as appro-
                                                                                             priate.
                                                                                                ‘‘(B) Connecting students to State or Federal means-test-
                                                                                             ed benefits programs.
                                                                                                ‘‘(C) The provision of direct financial assistance to help
                                                                                             students facing financial hardships that may impact en-
                                                                                             rollment in or completion of a program supported by such
                                                                                             funds.
                                                                                                ‘‘(D) Navigation, coaching, mentorship, and case manage-
                                                                                             ment services, including providing information and out-
                                                                                             reach to the population described in subparagraph (C) to
                                                                                             take part in such a program.
                                                                                                ‘‘(E) Providing access to necessary supplies, materials,
                                                                                             technological devices, or required equipment, and other
                                                                                             supports necessary to participate in such a program.
                                                                                    ‘‘(f) PLAN FOR OUTREACH TO UNDERSERVED COMMUNITIES.—
                                                                                          ‘‘(1) IN GENERAL.—In awarding grants under this section, the
                                                                                        Secretary shall—
                                                                                                ‘‘(A) ensure that eligible institutions effectively serve in-
                                                                                             dividuals from underserved communities; and
                                                                                                ‘‘(B) develop a plan to ensure that grants provided under
                                                                                             this subchapter effectively serve individuals from under-
                                                                                             served communities.
                                                                                          ‘‘(2) UPDATES.—The Secretary shall update the plan required
                                                                                        by paragraph (1)(B) on an annual basis.
                                                                                          ‘‘(3) SUBMISSION TO CONGRESS.—The Secretary shall submit
                                                                                        the plan required by paragraph (1)(B) and each update to the
                                                                                        plan required by paragraph (2) to Congress.
                                                                                    ‘‘(g) GEOGRAPHIC DIVERSITY.—The Secretary shall, in awarding
                                                                                  grants under this section, ensure that grants are awarded with re-
                                                                                  spect to eligible entities from geographically diverse areas.’’.

                                                                                       PART 4—TRADE ADJUSTMENT ASSISTANCE
                                                                                                  FOR FARMERS
                                                                                  SEC. 133401. DEFINITIONS.
                                                                                    Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amend-
                                                                                  ed—
                                                                                        (1) by striking paragraph (3);
                                                                                        (2) by redesignating paragraphs (4) through (7) as para-
                                                                                      graphs (3) through (6), respectively; and
                                                                                        (3) by adding at the end the following:




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        ‘‘(7) UNDERSERVED COMMUNITY.—The term ‘underserved
                                                                                      community’ has the meaning given that term in section 247.’’.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00097   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2084
                                                                                  SEC. 133402. GROUP ELIGIBILITY REQUIREMENTS.
                                                                                    Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amend-
                                                                                  ed—
                                                                                        (1) in subsection (c)—
                                                                                               (A) in paragraph (1)—
                                                                                                      (i) by striking ‘‘85 percent of’’ each place it appears;
                                                                                                  and
                                                                                                      (ii) in subparagraph (D), by adding ‘‘and’’ at the end;
                                                                                               (B) in paragraph (2), by striking ‘‘(2)’’ and inserting
                                                                                            ‘‘(2)(A)(i)’’;
                                                                                               (C) by redesignating paragraph (3) as clause (ii) of para-
                                                                                            graph (2)(A) (as designated by subparagraph (B));
                                                                                               (D) in clause (ii) of paragraph (2)(A) (as redesignated by
                                                                                            subparagraph (C))—
                                                                                                      (i) by striking ‘‘importantly’’; and
                                                                                                      (ii) by striking the period at the end and inserting
                                                                                                  ‘‘; or’’ ; and
                                                                                               (E) in paragraph (2), by adding at the end the following:
                                                                                        ‘‘(B)(i) the volume of exports of the agricultural commodity
                                                                                      produced by the group in the marketing year with respect to
                                                                                      which the group files the petition decreased compared to the
                                                                                      average volume of such exports during the 3 marketing years
                                                                                      preceding such marketing year; and
                                                                                        ‘‘(ii) the decrease in such exports contributed to the decrease
                                                                                      in the national average price, quantity of production, or value
                                                                                      of production of, or cash receipts for, the agricultural com-
                                                                                      modity, as described in paragraph (1).’’; and
                                                                                        (2) in subsection (e)(3), by adding at the end before the pe-
                                                                                      riod the following: ‘‘or exports’’.
                                                                                  SEC. 133403. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY
                                                                                              PRODUCERS.
                                                                                    Section 295(a) of the Trade Act of 1974 (19 U.S.C. 2401d(a)) is
                                                                                  amended by adding at the end the following: ‘‘The Secretary shall
                                                                                  develop a plan to conduct targeted sustained outreach and offer as-
                                                                                  sistance to agricultural commodity producers from underserved
                                                                                  communities’’.
                                                                                  SEC. 133404. QUALIFYING REQUIREMENTS AND BENEFITS FOR AGRI-
                                                                                              CULTURAL COMMODITY PRODUCERS.
                                                                                    Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amend-
                                                                                  ed—
                                                                                           (1) in subsection (a)(1)(A), by striking ‘‘90 days’’ and insert-
                                                                                        ing ‘‘120 days’’;
                                                                                           (2) in subsection (b)—
                                                                                                 (A) in paragraph (3)(B), by striking ‘‘$4,000’’ and insert-
                                                                                              ing ‘‘$12,000’’; and
                                                                                                 (B) in paragraph (4)(C), by striking ‘‘$8,000’’ and insert-
                                                                                              ing ‘‘$24,000’’;
                                                                                           (3) in subsection (c), by striking ‘‘$12,000’’ and inserting
                                                                                        ‘‘$36,000’’; and
                                                                                           (4) by adding at the end the following new subsection:
                                                                                    ‘‘(e) ADJUSTMENTS FOR INFLATION.—
                                                                                           ‘‘(1) IN GENERAL.—The Secretary of Agriculture shall adjust




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                        each dollar amount limitation described in this section on the
                                                                                        date that is 30 days after the date of the enactment of this




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00098   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2085

                                                                                         subsection, and at the beginning of each fiscal year thereafter,
                                                                                         to reflect the percentage (if any) of the increase in the average
                                                                                         of the Consumer Price Index for the preceding 12-month period
                                                                                         compared to the Consumer Price Index for fiscal year 2020.
                                                                                           ‘‘(2) SPECIAL RULES FOR CALCULATION OF ADJUSTMENT.—In
                                                                                         making an adjustment under paragraph (1), the Secretary—
                                                                                                 ‘‘(A) shall round the amount of any increase in the Con-
                                                                                              sumer Price Index to the nearest dollar; and
                                                                                                 ‘‘(B) may ignore any such increase of less than 1 percent.
                                                                                           ‘‘(3) CONSUMER PRICE INDEX DEFINED.—For purposes of this
                                                                                         subsection, the term ‘Consumer Price Index’ means the Con-
                                                                                         sumer Price Index for All Urban Consumers published by the
                                                                                         Bureau of Labor Statistics of the Department of Labor.’’.

                                                                                           PART 5—APPROPRIATIONS AND OTHER
                                                                                                      MATTERS
                                                                                  SEC. 133501. EXTENSION OF AND APPROPRIATIONS FOR TRADE AD-
                                                                                              JUSTMENT ASSISTANCE PROGRAM.
                                                                                    (a) EXTENSION OF TERMINATION PROVISIONS.—Section 285 of the
                                                                                  Trade Act of 1974 (19 U.S.C. 2271 note) is amended by striking
                                                                                  ‘‘2021’’ each place it appears and inserting ‘‘2028’’.
                                                                                     (b) TRAINING FUNDS.—Section 236(a)(2)(A) of the Trade Act of
                                                                                  1974 (19 U.S.C. 2296(a)(2)(A)) , as amended by section
                                                                                  133110(c)(2)(B), is further amended—
                                                                                            (1) by striking ‘‘shall not exceed $450,000,000’’ and inserting
                                                                                         the following: ‘‘shall not exceed—
                                                                                                      ‘‘(i) $450,000,000’’;
                                                                                            (2) by striking the period at the end and inserting ‘‘; and’’;
                                                                                         and
                                                                                            (3) by adding at the end the following:
                                                                                     ‘‘(ii) $1,000,000,000 for each of the fiscal years 2022 through
                                                                                  2028.’’.
                                                                                     (c) REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE.—Section
                                                                                  246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amend-
                                                                                  ed by striking ‘‘2021’’ and inserting ‘‘2028’’.
                                                                                     (d) AUTHORIZATIONS OF APPROPRIATIONS.—
                                                                                            (1) TRADE ADJUSTMENT ASSISTANCE FOR WORKERS.—Section
                                                                                         245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended—
                                                                                                 (A) in subsection (a), by striking ‘‘2021’’ and inserting
                                                                                              ‘‘2028’’; and
                                                                                                 (B) by adding at the end the following:
                                                                                     ‘‘(d) RESERVATION BY THE SECRETARY.—Of the funds appropriated
                                                                                  to carry out this chapter for any fiscal year, the Secretary of Labor
                                                                                  may reserve not more than 0.5 percent for technical assistance, pi-
                                                                                  lots and demonstrations, and the evaluation of activities carried
                                                                                  out under this chapter.’’.
                                                                                            (2) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.—Section
                                                                                         255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended
                                                                                         in the first sentence by adding at the end before the period the
                                                                                         following: ‘‘and $50,000,000 for each of the fiscal years 2022
                                                                                         through 2028’’.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                            (3) TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.—Section
                                                                                         298 of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00099   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2086

                                                                                                (A) in subsection (a)—
                                                                                                     (i) by striking ‘‘$90,000,000’’ and inserting
                                                                                                  ‘‘$50,000,000’’; and
                                                                                                     (ii) by striking ‘‘2021’’ and inserting ‘‘2028’’; and
                                                                                                (B) by adding at the end the following:
                                                                                    ‘‘(c) RESERVATION BY THE SECRETARY.—Of the funds appropriated
                                                                                  to carry out this chapter for any fiscal year, the Secretary of Agri-
                                                                                  culture may not reserve more than 5 percent for technical assist-
                                                                                  ance, pilots and demonstrations, and the evaluation of activities
                                                                                  carried out under this chapter.’’.
                                                                                    (e) APPROPRIATIONS.—
                                                                                           (1) TRADE ADJUSTMENT ASSISTANCE FOR WORKERS.—In addi-
                                                                                        tion to amounts otherwise available, there is appropriated for
                                                                                        each of fiscal years 2022 through 2028, out of any money in the
                                                                                        Treasury not otherwise appropriated, $1,000,000,000, to re-
                                                                                        main available until expended, to carry out the purposes of
                                                                                        chapter 2 of title II of the Trade Act of 1974, as authorized by
                                                                                        section 245 of the Trade Act of 1974 (19 U.S.C. 2317) (as
                                                                                        amended by subsection (d)).
                                                                                           (2) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.—In addition
                                                                                        to amounts otherwise available, there is appropriated for each
                                                                                        of fiscal years 2022 through 2028, out of any money in the
                                                                                        Treasury not otherwise appropriated, $50,000,000, to remain
                                                                                        available until expended, to carry out the provisions of chapter
                                                                                        3 of title II of the Trade Act of 1974, as authorized by section
                                                                                        255 of the Trade Act of 1974 (19 U.S.C. 2345) (as amended by
                                                                                        subsection (d)).
                                                                                           (3) TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES.—
                                                                                                (A) IN GENERAL.—In addition to amounts otherwise
                                                                                             available, there is appropriated for each of fiscal years
                                                                                             2022 through 2026, out of any money in the Treasury not
                                                                                             otherwise appropriated, $1,000,000,000, to remain avail-
                                                                                             able until expended, to carry out subchapter A of chapter
                                                                                             4 of title II of the Trade Act of 1974, as added by section
                                                                                             133301 of this Act, as added by subsection (d).
                                                                                                (B) SALARIES AND EXPENSES.—Of the amounts appro-
                                                                                             priated pursuant subparagraph (A) for each of fiscal years
                                                                                             2022 through 2026, not more than $40,000,000 shall be
                                                                                             made available for the salaries and expenses of personnel
                                                                                             administering subchapter A of chapter 4 of title II of the
                                                                                             Trade Act of 1974.
                                                                                                (C) SUPPLEMENT AND NOT SUPPLANT.—Amounts appro-
                                                                                             priated pursuant to subparagraph (A) for each of the fiscal
                                                                                             years 2022 through 2026 shall be used to supplement, and
                                                                                             not supplant, other Federal, State, regional, and local gov-
                                                                                             ernment funds made available to provide economic devel-
                                                                                             opment assistance for communities.
                                                                                           (4) TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITY COL-
                                                                                        LEGES AND CAREER TRAINING.—
                                                                                                (A) IN GENERAL.—In addition to amounts otherwise
                                                                                             available, there is appropriated for each of fiscal years
                                                                                             2022 through 2028, out of any money in the Treasury not




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                             otherwise appropriated, $1,300,000,000, to remain avail-
                                                                                             able until expended, to carry out subchapter B of chapter




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00100   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2087

                                                                                              4 of title II of the Trade Act of 1974, as designated by sec-
                                                                                              tion 13301 of this Act, as authorized by section 279A of
                                                                                              such subchapter B (as redesignated).
                                                                                                 (B) RESERVATION BY THE SECRETARY.—Of the funds ap-
                                                                                              propriated to carry out subchapter B of chapter 4 of title
                                                                                              II of the Trade Act of 1974 for each of fiscal years 2002
                                                                                              through 2028, the Secretary of Labor may reserve not
                                                                                              more than 5 percent for administration of the program, in-
                                                                                              cluding providing technical assistance, sustained outreach
                                                                                              to eligible institutions effectively serving underserved com-
                                                                                              munities, pilots and demonstrations, and a rigorous third-
                                                                                              party evaluation of the program carried out under such
                                                                                              subchapter.
                                                                                            (5) TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.—In addi-
                                                                                         tion to amounts otherwise available, there is appropriated for
                                                                                         each of fiscal years 2022 through 2028, out of any money in the
                                                                                         Treasury not otherwise appropriated, $50,000,000, to remain
                                                                                         available until expended, to carry out the purposes of chapter
                                                                                         6 of title II of the Trade Act of 1974, as authorized by section
                                                                                         298 of the Trade Act of 1974 (19 U.S.C. 2401) (as amended by
                                                                                         subsection (d)).
                                                                                  SEC. 133502. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE
                                                                                             PROVISIONS.
                                                                                    (a) WORKERS CERTIFIED BEFORE DATE OF ENACTMENT.—
                                                                                        (1) IN GENERAL.—Except as provided in paragraphs (2) and
                                                                                      (3), a worker certified as eligible for adjustment assistance
                                                                                      under section 222 of the Trade Act of 1974 before the date of
                                                                                      the enactment of this Act shall be eligible, on and after such
                                                                                      date of enactment, to receive benefits only under the provisions
                                                                                      of chapter 2 of title II of the Trade Act of 1974, as in effect on
                                                                                      such date of enactment, or as such provisions may be amended
                                                                                      after such date of enactment.
                                                                                        (2) COMPUTATION OF MAXIMUM BENEFITS.—Benefits received
                                                                                      by a worker described in paragraph (1) under chapter 2 of title
                                                                                      II of the Trade Act of 1974 before the date of the enactment
                                                                                      of this Act shall be included in any determination of the max-
                                                                                      imum benefits for which the worker is eligible under the provi-
                                                                                      sions of chapter 2 of title II of the Trade Act of 1974, as in ef-
                                                                                      fect on the date of the enactment of this Act, or as such provi-
                                                                                      sions may be amended after such date of enactment.
                                                                                        (3) AUTHORITY TO MAKE ADJUSTMENTS TO BENEFITS.—For the
                                                                                      90-day period beginning on the date of the enactment of this
                                                                                      Act, the Secretary is authorized to make any adjustments to
                                                                                      benefits to workers described in paragraph (1) that the Sec-
                                                                                      retary determines to be necessary and appropriate in applying
                                                                                      and administering the provisions of chapter 2 of title II of the
                                                                                      Trade Act of 1974, as in effect on the date of the enactment
                                                                                      of this Act, or as such provisions may be amended after such
                                                                                      date of enactment, in a manner that ensures parity of treat-
                                                                                      ment between the benefits of such workers and the benefits of
                                                                                      workers certified after such date of enactment.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                    (b) WORKERS NOT CERTIFIED PURSUANT TO CERTAIN PETITIONS
                                                                                  FILED BEFORE DATE OF ENACTMENT.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00101   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2088

                                                                                           (1) CERTIFICATIONS OF WORKERS NOT CERTIFIED BEFORE DATE
                                                                                         OF ENACTMENT.—
                                                                                                (A) CRITERIA IF A DETERMINATION HAS NOT BEEN MADE.—
                                                                                                If, as of the date of the enactment of this Act, the Sec-
                                                                                                retary of Labor has not made a determination with respect
                                                                                                to whether to certify a group of workers as eligible to apply
                                                                                                for adjustment assistance under section 222 of the Trade
                                                                                                Act of 1974 pursuant to a petition described in subpara-
                                                                                                graph (C), the Secretary shall make that determination
                                                                                                based on the requirements of section 222 of the Trade Act
                                                                                                of 1974, as in effect on such date of enactment.
                                                                                                   (B) RECONSIDERATION OF DENIALS OF CERTIFICATIONS.—
                                                                                                If, before the date of the enactment of this Act, the Sec-
                                                                                                retary made a determination not to certify a group of
                                                                                                workers as eligible to apply for adjustment assistance
                                                                                                under section 222 of the Trade Act of 1974 pursuant to a
                                                                                                petition described in subparagraph (C), the Secretary
                                                                                                shall—
                                                                                                        (i) reconsider that determination; and
                                                                                                        (ii) if the group of workers meets the requirements
                                                                                                     of section 222 of the Trade Act of 1974, as in effect on
                                                                                                     such date of enactment, certify the group of workers
                                                                                                     as eligible to apply for adjustment assistance.
                                                                                                   (C) PETITION DESCRIBED.—A petition described in this
                                                                                                subparagraph is a petition for a certification of eligibility
                                                                                                for a group of workers filed under section 221 of the Trade
                                                                                                Act of 1974 on or after January 1, 2021, and before the
                                                                                                date of the enactment of this Act.
                                                                                            (2) ELIGIBILITY FOR BENEFITS.—
                                                                                                   (A) IN GENERAL.—Except as provided in subparagraph
                                                                                                (B), a worker certified as eligible to apply for adjustment
                                                                                                assistance under section 222 of the Trade Act of 1974 pur-
                                                                                                suant to a petition described in paragraph (1)(C) shall be
                                                                                                eligible, on and after the date of the enactment of this Act,
                                                                                                to receive benefits only under the provisions of chapter 2
                                                                                                of title II of the Trade Act of 1974, as in effect on such
                                                                                                date of enactment, or as such provisions may be amended
                                                                                                after such date of enactment.
                                                                                                   (B) COMPUTATION OF MAXIMUM BENEFITS.—Benefits re-
                                                                                                ceived by a worker described in paragraph (1) under chap-
                                                                                                ter 2 of title II of the Trade Act of 1974 before the date
                                                                                                of the enactment of this Act shall be included in any deter-
                                                                                                mination of the maximum benefits for which the worker is
                                                                                                eligible under the provisions of chapter 2 of title II of the
                                                                                                Trade Act of 1974, as in effect on the date of the enact-
                                                                                                ment of this Act, or as such provisions may be amended
                                                                                                after such date of enactment.
                                                                                       (c) CONFORMING AMENDMENTS.—
                                                                                            (1) TRADE ACT OF 2002.—Section 151 of the Trade Act of 2002
                                                                                          (19 U.S.C. note prec. 2271) is amended by striking subsections
                                                                                          (a), (b), and (c).
                                                                                            (2) TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          OF 2009.—Section 1891 of the Trade and Globalization Adjust-
                                                                                          ment Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00102   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2089

                                                                                            (3) TRADE ADJUSTMENT ASSISTANCE EXTENSION ACT OF 2011.—
                                                                                         The Trade Adjustment Assistance Extension Act of 2011 is
                                                                                         amended—
                                                                                                 (A) in section 201 (19 U.S.C. note prec. 2271), by striking
                                                                                              subsections (b) and (c); and
                                                                                                 (B) in section 231(a) (19 U.S.C. 2271 note), by striking
                                                                                              paragraphs (1)(B) and (2).
                                                                                            (4) TRADE ADJUSTMENT ASSISTANCE REAUTHORIZATION ACT OF
                                                                                         2015.—The Trade Adjustment Assistance Reauthorization Act
                                                                                         of 2015 is amended—
                                                                                                 (A) in section 402 (19 U.S.C. note prec. 2271), by striking
                                                                                              subsections (b) and (c); and
                                                                                                 (B) in section 405(a)(1) (19 U.S.C. 2319(a)(1)), by striking
                                                                                              subparagraph (B).
                                                                                       (d) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.—
                                                                                            (1) CERTIFICATION OF FIRMS NOT CERTIFIED BEFORE DATE OF
                                                                                         ENACTMENT.—
                                                                                                 (A) CRITERIA IF A DETERMINATION HAS NOT BEEN MADE.—
                                                                                              If, as of the date of the enactment of this Act, the Sec-
                                                                                              retary of Commerce has not made a determination with re-
                                                                                              spect to whether to certify a firm as eligible to apply for
                                                                                              adjustment assistance under section 251 of the Trade Act
                                                                                              of 1974 pursuant to a petition described in subparagraph
                                                                                              (C), the Secretary shall make that determination based on
                                                                                              the requirements of section 251 of the Trade Act of 1974,
                                                                                              as in effect on such date of enactment.
                                                                                                 (B) RECONSIDERATION OF DENIAL OF CERTAIN PETI-
                                                                                              TIONS.—If, before the date of the enactment of this Act, the
                                                                                              Secretary made a determination not to certify a firm as eli-
                                                                                              gible to apply for adjustment assistance under section 251
                                                                                              of the Trade Act of 1974 pursuant to a petition described
                                                                                              in subparagraph (C), the Secretary shall—
                                                                                                      (i) reconsider that determination; and
                                                                                                      (ii) if the firm meets the requirements of section 251
                                                                                                   of the Trade Act of 1974, as in effect on such date of
                                                                                                   enactment, certify the firm as eligible to apply for ad-
                                                                                                   justment assistance.
                                                                                                 (C) PETITION DESCRIBED.—A petition described in this
                                                                                              subparagraph is a petition for a certification of eligibility
                                                                                              filed by a firm or its representative under section 251 of
                                                                                              the Trade Act of 1974 on or after January 1, 2021, and be-
                                                                                              fore the date of the enactment of this Act.
                                                                                            (2) CERTIFICATION OF FIRMS THAT DID NOT SUBMIT PETITIONS
                                                                                         BETWEEN JANUARY 1, 2021, AND DATE OF ENACTMENT.—
                                                                                                 (A) IN GENERAL.—The Secretary of Commerce shall cer-
                                                                                              tify a firm described in subparagraph (B) as eligible to
                                                                                              apply for adjustment assistance under section 251 of the
                                                                                              Trade Act of 1974, as in effect on the date of the enact-
                                                                                              ment of this Act, if the firm or its representative files a pe-
                                                                                              tition for a certification of eligibility under section 251 of
                                                                                              the Trade Act of 1974 not later than 90 days after such
                                                                                              date of enactment.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 (B) FIRM DESCRIBED.—A firm described in this subpara-
                                                                                              graph is a firm that the Secretary determines would have




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00103   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2090

                                                                                               been certified as eligible to apply for adjustment assistance
                                                                                               if—
                                                                                                     (i) the firm or its representative had filed a petition
                                                                                                   for a certification of eligibility under section 251 of the
                                                                                                   Trade Act of 1974 on a date during the period begin-
                                                                                                   ning on January 1, 2021, and ending on the day before
                                                                                                   the date of the enactment of this Act; and
                                                                                                     (ii) the provisions of chapter 3 of title II of the Trade
                                                                                                   Act of 1974, as in effect on such date of enactment,
                                                                                                   had been in effect on that date during the period de-
                                                                                                   scribed in clause (i).

                                                                                                                           Subtitle E
                                                                                               PART 1—PROVISIONS RELATING TO
                                                                                                PATHWAYS TO HEALTH CAREERS
                                                                                  SEC. 134101. PATHWAYS TO HEALTH CAREERS ACT.
                                                                                    (a) TRANSITION FUNDING.—There is appropriated,      out of any
                                                                                  funds in the Treasury not otherwise appropriated, $15,000,000 to
                                                                                  the Secretary of Health and Human Services to provide technical
                                                                                  assistance and cover administrative costs associated with imple-
                                                                                  menting section 2071 of the Social Security Act (as added by sub-
                                                                                  section (b)).
                                                                                    (b) CAREER PATHWAYS THROUGH HEALTH PROFESSION OPPOR-
                                                                                  TUNITY GRANTS.—Effective October 1, 2021, title XX of the Social
                                                                                  Security Act (42 U.S.C. 1397-1397n–13) is amended by adding at
                                                                                  the end the following:

                                                                                       ‘‘Subtitle D—Career Pathways Through
                                                                                        Health Profession Opportunity Grants
                                                                                  ‘‘SEC. 2071. CAREER PATHWAYS THROUGH HEALTH PROFESSION OP-
                                                                                               PORTUNITY GRANTS.
                                                                                     ‘‘(a) APPLICATION REQUIREMENTS.—An eligible entity desiring a
                                                                                  grant under this section for a project shall submit to the Secretary
                                                                                  an application for the grant, that includes the following:
                                                                                        ‘‘(1) A description of how the applicant will use a career
                                                                                      pathways approach to train eligible individuals for health pro-
                                                                                      fessions that pay well or will put eligible individuals on a ca-
                                                                                      reer path to an occupation that pays well, under the project.
                                                                                        ‘‘(2) A description of the adult basic education and literacy
                                                                                      activities, work readiness activities, training activities, and
                                                                                      case management and career coaching services that the appli-
                                                                                      cant will use to assist eligible individuals to gain work experi-
                                                                                      ence, connection to employers, and job placement, and a de-
                                                                                      scription of the plan for recruiting, hiring, and training staff to
                                                                                      provide the case management, mentoring, and career coaching
                                                                                      services, under the project directly or through local govern-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                      mental, apprenticeship, educational, or charitable institutions.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00104   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2091

                                                                                            ‘‘(3) In the case of an application for a grant under this sec-
                                                                                         tion for a demonstration project described in subsection
                                                                                         (c)(2)(B)(i)(I)—
                                                                                                  ‘‘(A) a demonstration that the State in which the dem-
                                                                                               onstration project is to be conducted has in effect policies
                                                                                               or laws that permit certain allied health and behavioral
                                                                                               health care credentials to be awarded to people with cer-
                                                                                               tain arrest or conviction records (which policies or laws
                                                                                               shall include appeals processes, waivers, certificates, and
                                                                                               other opportunities to demonstrate rehabilitation to obtain
                                                                                               credentials, licensure, and approval to work in the pro-
                                                                                               posed health careers), and a plan described in the applica-
                                                                                               tion that will use a career pathway to assist participants
                                                                                               with such a record in acquiring credentials, licensing, and
                                                                                               employment in the specified careers;
                                                                                                  ‘‘(B) a discussion of how the project or future strategic
                                                                                               hiring decisions will demonstrate the experience and ex-
                                                                                               pertise of the project in working with job seekers who have
                                                                                               arrest or conviction records or employers with experience
                                                                                               working with people with arrest or conviction records;
                                                                                                  ‘‘(C) an identification of promising innovations or best
                                                                                               practices that can be used to provide the training;
                                                                                                  ‘‘(D) a proof of concept or demonstration that the appli-
                                                                                               cant has done sufficient research on workforce shortage or
                                                                                               in-demand jobs for which people with certain types of ar-
                                                                                               rest or conviction records can be hired;
                                                                                                  ‘‘(E) a plan for recruiting students who are eligible indi-
                                                                                               viduals into the project; and
                                                                                                  ‘‘(F) a plan for providing post-employment support and
                                                                                               ongoing training as part of a career pathway under the
                                                                                               project.
                                                                                            ‘‘(4) In the case of an application for a grant under this sec-
                                                                                         tion for a demonstration project described in subsection
                                                                                         (c)(2)(B)(i)(II)—
                                                                                                  ‘‘(A) a description of the partnerships, strategic staff hir-
                                                                                               ing decisions, tailored program activities, or other pro-
                                                                                               grammatic elements of the project, such as training plans
                                                                                               for doulas and other community health workers and train-
                                                                                               ing plans for midwives and other allied health professions,
                                                                                               that are designed to support a career pathway in preg-
                                                                                               nancy, birth, or post-partum services; and
                                                                                                  ‘‘(B) a demonstration that the State in which the dem-
                                                                                               onstration project is to be conducted recognizes doulas or
                                                                                               midwives, as the case may be.
                                                                                            ‘‘(5) A demonstration that the applicant has experience work-
                                                                                         ing with low-income populations, or a description of the plan
                                                                                         of the applicant to work with a partner organization that has
                                                                                         the experience.
                                                                                            ‘‘(6) A plan for providing post-employment support and ongo-
                                                                                         ing training as part of a career pathway under the project.
                                                                                            ‘‘(7) A description of the support services that the applicant
                                                                                         will provide under the project, including a plan for how child




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                         care and transportation support services will be guaranteed
                                                                                         and, if the applicant will provide a cash stipend or wage sup-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00105   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2092

                                                                                       plement, how the stipend or supplement would be calculated
                                                                                       and distributed.
                                                                                          ‘‘(8) A certification by the applicant that the project develop-
                                                                                       ment included—
                                                                                                ‘‘(A) consultation with a local workforce development
                                                                                             board established under section 107 of the Workforce Inno-
                                                                                             vation and Opportunity Act;
                                                                                                ‘‘(B) consideration of apprenticeship and pre-apprentice-
                                                                                             ship models registered under the Act of August 16, 1937
                                                                                             (also known as the ‘National Apprenticeship Act’);
                                                                                                ‘‘(C) consideration of career pathway programs in the
                                                                                             State in which the project is to be conducted; and
                                                                                                ‘‘(D) a review of the State plan under section 102 or 103
                                                                                             of the Workforce Innovation and Opportunity Act.
                                                                                          ‘‘(9) A description of the availability and relevance of recent
                                                                                       labor market information and other pertinent evidence of in-
                                                                                       demand jobs or worker shortages.
                                                                                          ‘‘(10) A certification that the applicant will directly provide
                                                                                       or contract for the training services described in the applica-
                                                                                       tion.
                                                                                          ‘‘(11) A commitment by the applicant that, if the grant is
                                                                                       made to the applicant, the applicant will—
                                                                                                ‘‘(A) during the planning period for the project, provide
                                                                                             the Secretary with any information needed by the Sec-
                                                                                             retary to establish adequate data reporting and adminis-
                                                                                             trative structure for the project;
                                                                                                ‘‘(B) hire a person to direct the project not later than the
                                                                                             end of the planning period applicable to the project;
                                                                                                ‘‘(C) accept all technical assistance offered by the Sec-
                                                                                             retary with respect to the grant;
                                                                                                ‘‘(D) participate in peer technical assistance conferences
                                                                                             as are regularly scheduled by the Secretary; and
                                                                                                ‘‘(E) provide all data required by the Secretary under
                                                                                             subsection (g).
                                                                                    ‘‘(b) PREFERENCES IN CONSIDERING APPLICATIONS.—In consid-
                                                                                  ering applications for a grant under this section, the Secretary
                                                                                  shall give preference to—
                                                                                          ‘‘(1) applications submitted by applicants to whom a grant
                                                                                       was made under this section or any predecessor to this section;
                                                                                          ‘‘(2) applications submitted by applicants who have business
                                                                                       and community partners in each of the following categories:
                                                                                                ‘‘(A) State and local government agencies and social
                                                                                             service providers, including a State or local entity that ad-
                                                                                             ministers a State program funded under part A of this
                                                                                             title;
                                                                                                ‘‘(B) institutions of higher education, apprenticeship pro-
                                                                                             grams, and local workforce development boards established
                                                                                             under section 107 of the Workforce Innovation and Oppor-
                                                                                             tunity Act; and
                                                                                                ‘‘(C) health care employers, health care industry or sec-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                             tor partnerships, labor unions, and labor-management
                                                                                             partnerships;




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00106   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2093

                                                                                             ‘‘(3) applications that include opportunities for mentoring or
                                                                                           peer support, and make career coaching available, as part of
                                                                                           the case management plan;
                                                                                             ‘‘(4) applications which describe a project that will serve a
                                                                                           rural area in which—
                                                                                                   ‘‘(A) the community in which the individuals to be en-
                                                                                                rolled in the project reside is located;
                                                                                                   ‘‘(B) the project will be conducted; or
                                                                                                   ‘‘(C) an employer partnership that has committed to hir-
                                                                                                ing individuals who successfully complete all activities
                                                                                                under the project is located;
                                                                                             ‘‘(5) applications that include a commitment to providing
                                                                                           project participants with a cash stipend or wage supplement;
                                                                                           and
                                                                                             ‘‘(6) applications which have an emergency cash fund to as-
                                                                                           sist project participants financially in emergency situations.
                                                                                       ‘‘(c) GRANTS.—
                                                                                             ‘‘(1) COMPETITIVE GRANTS.—
                                                                                                   ‘‘(A) GRANT AUTHORITY.—
                                                                                                         ‘‘(i) IN GENERAL.—The Secretary may make a grant
                                                                                                      in accordance with this paragraph to an eligible entity
                                                                                                      whose application for the grant is approved by the
                                                                                                      Secretary, to conduct a project designed to train low-
                                                                                                      income individuals for allied health professions, health
                                                                                                      information technology, physicians assistants, nursing
                                                                                                      assistants, registered nurse, advanced practice nurse,
                                                                                                      and other professions considered part of a health care
                                                                                                      career pathway model.
                                                                                                         ‘‘(ii) GUARANTEE OF GRANTEES IN EACH STATE AND
                                                                                                      THE DISTRICT OF COLUMBIA.—For each grant cycle, the
                                                                                                      Secretary shall award a grant under this paragraph to
                                                                                                      at least 2 eligible entities in each State that is not a
                                                                                                      territory, to the extent there are a sufficient number
                                                                                                      of applications submitted by the entities that meet the
                                                                                                      requirements applicable with respect to such a grant.
                                                                                                      If, for a grant cycle, there are fewer than 2 such eligi-
                                                                                                      ble entities in a State, the Secretary shall include that
                                                                                                      information in the report required by subsection (g)(2)
                                                                                                      that covers the fiscal year.
                                                                                                   ‘‘(B) GUARANTEE OF GRANTS FOR INDIAN POPULATIONS.—
                                                                                                From the amount reserved under subsection (i)(2)(B) for
                                                                                                each fiscal year, the Secretary shall award a grant under
                                                                                                this paragraph to at least 10 eligible entities that are an
                                                                                                Indian tribe, a tribal organization, or a tribal college or
                                                                                                university, to the extent there are a sufficient number of
                                                                                                applications submitted by the entities that meet the re-
                                                                                                quirements applicable with respect to such a grant.
                                                                                                   ‘‘(C) GUARANTEE OF GRANTEES IN THE TERRITORIES.—
                                                                                                From the amount reserved under subsection (i)(2)(C) for
                                                                                                each fiscal year, the Secretary shall award a grant under
                                                                                                this paragraph to at least 2 eligible entities that are lo-
                                                                                                cated in a territory, to the extent there are a sufficient




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                number of applications submitted by the entities that meet
                                                                                                the requirements applicable with respect to such a grant.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00107   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2094

                                                                                             ‘‘(2) GRANTS FOR DEMONSTRATION PROJECTS.—
                                                                                                   ‘‘(A) GRANT AUTHORITY.—The Secretary shall make a
                                                                                                grant in accordance with this subsection to an eligible enti-
                                                                                                ty whose application for the grant is approved by the Sec-
                                                                                                retary, to conduct a demonstration project that meets the
                                                                                                requirements of subparagraph (B).
                                                                                                   ‘‘(B) REQUIREMENTS.—The requirements of this subpara-
                                                                                                graph are the following:
                                                                                                         ‘‘(i) TYPE OF PROJECT.—The demonstration project
                                                                                                      shall be of 1 of the following types:
                                                                                                                ‘‘(I) INDIVIDUALS WITH ARREST OR CONVICTION
                                                                                                             RECORDS      DEMONSTRATION.—The      demonstration
                                                                                                             project shall be of a type designed to provide edu-
                                                                                                             cation and training for eligible individuals with
                                                                                                             arrest or conviction records to enter and follow a
                                                                                                             career pathway in the health professions through
                                                                                                             occupations that pay well and are expected to ex-
                                                                                                             perience a labor shortage or be in high demand.
                                                                                                                ‘‘(II) PREGNANCY AND CHILDBIRTH CAREER PATH-
                                                                                                             WAY DEMONSTRATION.—The demonstration project
                                                                                                             shall be of a type designed to provide education
                                                                                                             and training for eligible individuals to enter and
                                                                                                             follow a career pathway in the field of pregnancy,
                                                                                                             childbirth, post-partum, or childbirth and post-
                                                                                                             partum, in a State that recognizes doulas or mid-
                                                                                                             wives and that provides payment for services pro-
                                                                                                             vided by doulas or midwives, as the case may be,
                                                                                                             under private or public health insurance plans.
                                                                                                         ‘‘(ii) DURATION.—The demonstration project shall be
                                                                                                      conducted for not less than 5 years.
                                                                                                   ‘‘(C) MINIMUM ALLOCATION OF FUNDS FOR EACH TYPE OF
                                                                                                DEMONSTRATION PROJECT.—
                                                                                                         ‘‘(i) INDIVIDUALS WITH ARREST OR CONVICTION
                                                                                                      RECORDS DEMONSTRATIONS.—Not less than $6,375,000
                                                                                                      of the amounts made available for grants under this
                                                                                                      paragraph shall be used to make grants for dem-
                                                                                                      onstration projects of the type described in subpara-
                                                                                                      graph (B)(i)(I).
                                                                                                         ‘‘(ii) PREGNANCY AND CHILDBIRTH CAREER PATHWAY
                                                                                                      DEMONSTRATIONS.—Not less than $6,375,000 of the
                                                                                                      amounts made available for grants under this para-
                                                                                                      graph shall be used to make grants for demonstration
                                                                                                      projects of the type described in subparagraph
                                                                                                      (B)(i)(II).
                                                                                             ‘‘(3) GRANT CYCLE.—The grant cycle under this section shall
                                                                                          be not less than 5 years, with a planning period of not more
                                                                                          than the first 12 months of the grant cycle. During the plan-
                                                                                          ning period, the amount of the grant shall be in such lesser
                                                                                          amount as the Secretary determines appropriate.
                                                                                       ‘‘(d) USE OF GRANT.—
                                                                                             ‘‘(1) IN GENERAL.—An entity to which a grant is made under
                                                                                          this section shall use the grant in accordance with the ap-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          proved application for the grant.
                                                                                             ‘‘(2) SUPPORT TO BE PROVIDED.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00108   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2095

                                                                                                ‘‘(A) REQUIRED SUPPORT.—A project for which a grant is
                                                                                               made under this section shall include the following:
                                                                                                     ‘‘(i) An assessment for adult basic skill competency,
                                                                                                   and provision of adult basic skills education if nec-
                                                                                                   essary for lower-skilled eligible individuals to enroll in
                                                                                                   the project and go on to enter and complete post-sec-
                                                                                                   ondary training, through means including the fol-
                                                                                                   lowing:
                                                                                                            ‘‘(I) Establishing a network of partners that
                                                                                                         offer pre-training activities for project participants
                                                                                                         who need to improve basic academic skills or
                                                                                                         English language proficiency before entering a
                                                                                                         health occupational training career pathway pro-
                                                                                                         gram.
                                                                                                            ‘‘(II) Offering resources to enable project partici-
                                                                                                         pants to continue advancing adult basic skill pro-
                                                                                                         ficiency while enrolled in a career pathway pro-
                                                                                                         gram.
                                                                                                            ‘‘(III) Embedding adult basic skill maintenance
                                                                                                         as part of ongoing post-graduation career coaching
                                                                                                         and mentoring.
                                                                                                     ‘‘(ii) A guarantee that child care is an available and
                                                                                                   affordable support service for project participants
                                                                                                   through means such as the following:
                                                                                                            ‘‘(I) Referral to, and assistance with, enrollment
                                                                                                         in a subsidized child care program.
                                                                                                            ‘‘(II) Direct payment to a child care provider if
                                                                                                         a slot in a subsidized child care program is not
                                                                                                         available or reasonably accessible.
                                                                                                            ‘‘(III) Payment of co-payments or associated fees
                                                                                                         for child care.
                                                                                                     ‘‘(iii) Case management plans that include career
                                                                                                   coaching (with the option to offer appropriate peer
                                                                                                   support and mentoring opportunities to help develop
                                                                                                   soft skills and social capital), which may be offered on
                                                                                                   an ongoing basis before, during, and after initial train-
                                                                                                   ing as part of a career pathway model.
                                                                                                     ‘‘(iv) A plan to provide project participants with
                                                                                                   transportation through means such as the following:
                                                                                                            ‘‘(I) Referral to, and assistance with enrollment
                                                                                                         in, a subsidized transportation program.
                                                                                                            ‘‘(II) If a subsidized transportation program is
                                                                                                         not reasonably available, direct payments to sub-
                                                                                                         sidize transportation costs.
                                                                                                   For purposes of this clause, the term ‘transportation’
                                                                                                   includes public transit, or gasoline for a personal vehi-
                                                                                                   cle if public transit is not reasonably accessible or
                                                                                                   available.
                                                                                                     ‘‘(v) In the case of a demonstration project of the
                                                                                                   type described in subsection (c)(2)(B)(i)(I), access to
                                                                                                   legal assistance for project participants for the purpose




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                   of addressing arrest or conviction records and associ-
                                                                                                   ated workforce barriers.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00109   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2096

                                                                                                    ‘‘(B) ALLOWED SUPPORT.—The goods and services pro-
                                                                                                 vided under a project for which a grant is made under this
                                                                                                 section may include the following:
                                                                                                         ‘‘(i) A cash stipend.
                                                                                                         ‘‘(ii) A reserve fund for financial assistance to project
                                                                                                       participants in emergency situations.
                                                                                                         ‘‘(iii) Tuition, and training materials such as books,
                                                                                                       software, uniforms, shoes, and hair nets, and personal
                                                                                                       protective equipment.
                                                                                                         ‘‘(iv) In-kind resource donations such as interview
                                                                                                       clothing and conference attendance fees.
                                                                                                         ‘‘(v) Assistance with accessing and completing high
                                                                                                       school equivalency or adult basic education courses as
                                                                                                       necessary to achieve success in the project and make
                                                                                                       progress toward career goals.
                                                                                                         ‘‘(vi) Assistance with programs and activities, includ-
                                                                                                       ing legal assistance, deemed necessary to address ar-
                                                                                                       rest or conviction records as an employment barrier.
                                                                                                         ‘‘(vii) Other support services as deemed necessary
                                                                                                       for family well-being, success in the project, and
                                                                                                       progress toward career goals.
                                                                                              ‘‘(3) TRAINING.—The number of hours of training provided to
                                                                                           an eligible individual under a project for which a grant is made
                                                                                           under this section, for a recognized postsecondary credential
                                                                                           (including an industry-recognized credential, and a certificate
                                                                                           awarded by a local workforce development board established
                                                                                           under section 107 of the Workforce Innovation and Oppor-
                                                                                           tunity Act), which is awarded in recognition of attainment of
                                                                                           measurable technical or occupational skills necessary to gain
                                                                                           employment or advance within an occupation, shall be—
                                                                                                    ‘‘(A) not less than the number of hours of training re-
                                                                                                 quired for certification in that level of skill by the State in
                                                                                                 which the project is conducted; or
                                                                                                    ‘‘(B) if there is no such requirement, such number of
                                                                                                 hours of training as the Secretary finds is necessary to
                                                                                                 achieve that skill level.
                                                                                              ‘‘(4) INCLUSION OF TANF RECIPIENTS.—In the case of a project
                                                                                           for which a grant is made under this section that is conducted
                                                                                           in a State that has a program funded under part A of title IV,
                                                                                           at least 10 percent of the eligible individuals to whom support
                                                                                           is provided under the project shall meet the income eligibility
                                                                                           requirements under that State program, without regard to
                                                                                           whether the individuals receive benefits or services directly
                                                                                           under that State program.
                                                                                              ‘‘(5) INCOME LIMITATION.—An entity to which a grant is made
                                                                                           under this section shall not use the grant to provide support
                                                                                           to a person who is not an eligible individual.
                                                                                              ‘‘(6) PROHIBITION.—An entity to which a grant is made under
                                                                                           this section shall not use the grant for purposes of entertain-
                                                                                           ment, except that case management and career coaching serv-
                                                                                           ices may include celebrations of specific career-based mile-
                                                                                           stones such as completing a semester, graduation, or job place-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           ment.
                                                                                       ‘‘(e) TECHNICAL ASSISTANCE.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00110   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2097

                                                                                              ‘‘(1) IN GENERAL.—The Secretary shall provide technical as-
                                                                                           sistance—
                                                                                                    ‘‘(A) to assist eligible entities in applying for grants
                                                                                                 under this section;
                                                                                                    ‘‘(B) that is tailored to meet the needs of grantees at
                                                                                                 each stage of the administration of projects for which
                                                                                                 grants are made under this section;
                                                                                                    ‘‘(C) that is tailored to meet the specific needs of Indian
                                                                                                 tribes, tribal organizations, and tribal colleges and univer-
                                                                                                 sities;
                                                                                                    ‘‘(D) that is tailored to meet the specific needs of the ter-
                                                                                                 ritories;
                                                                                                    ‘‘(E) that is tailored to meet the specific needs of eligible
                                                                                                 entities in carrying out demonstration projects for which a
                                                                                                 grant is made under this section; and
                                                                                                    ‘‘(F) to facilitate the exchange of information among eli-
                                                                                                 gible entities regarding best practices and promising prac-
                                                                                                 tices used in the projects.
                                                                                              ‘‘(2) CONTINUATION OF PEER TECHNICAL ASSISTANCE CON-
                                                                                           FERENCES.—The Secretary shall continue to hold peer technical
                                                                                           assistance conferences for entities to which a grant is made
                                                                                           under this section or was made under the immediate prede-
                                                                                           cessor of this section. The preceding sentence shall not be in-
                                                                                           terpreted to require any such conference to be held in person.
                                                                                       ‘‘(f) EVALUATION OF DEMONSTRATION PROJECTS.—
                                                                                              ‘‘(1) IN GENERAL.—The Secretary shall, by grant, contract, or
                                                                                           interagency agreement, conduct rigorous and well-designed
                                                                                           evaluations of the demonstration projects for which a grant is
                                                                                           made under this section.
                                                                                              ‘‘(2) REQUIREMENT APPLICABLE TO INDIVIDUALS WITH ARREST
                                                                                           OR CONVICTION RECORDS DEMONSTRATION.—In the case of a
                                                                                           project of the type described in subsection (c)(2)(B)(i)(I), the
                                                                                           evaluation shall include identification of successful activities
                                                                                           for creating opportunities for developing and sustaining, par-
                                                                                           ticularly with respect to low-income individuals with arrest or
                                                                                           conviction records, a health professions workforce that has ac-
                                                                                           cessible entry points, that meets high standards for education,
                                                                                           training, certification, and professional development, and that
                                                                                           provides increased wages and affordable benefits, including
                                                                                           health care coverage, that are responsive to the needs of the
                                                                                           workforce.
                                                                                              ‘‘(3) REQUIREMENT APPLICABLE TO PREGNANCY AND CHILD-
                                                                                           BIRTH CAREER PATHWAY DEMONSTRATION.—In the case of a
                                                                                           project of the type described in subsection (c)(2)(B)(i)(II), the
                                                                                           evaluation shall include identification of successful activities
                                                                                           for creating opportunities for developing and sustaining, par-
                                                                                           ticularly with respect to low-income individuals and other
                                                                                           entry-level workers, a career pathway that has accessible entry
                                                                                           points, that meets high standards for education, training, cer-
                                                                                           tification, and professional development, and that provides in-
                                                                                           creased wages and affordable benefits, including health care




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           coverage, that are responsive to the needs of the birth, preg-
                                                                                           nancy, and post-partum workforce.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00111   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2098

                                                                                             ‘‘(4) RULE OF INTERPRETATION.—Evaluations conducted pur-
                                                                                          suant to this subsection may include a randomized controlled
                                                                                          trial, but this subsection shall not be interpreted to require an
                                                                                          evaluation to include such a trial.
                                                                                       ‘‘(g) REPORTS.—
                                                                                             ‘‘(1) TO THE SECRETARY.—An eligible entity awarded a grant
                                                                                          to conduct a project under this section shall submit interim re-
                                                                                          ports to the Secretary on the activities carried out under the
                                                                                          project, and, on the conclusion of the project, a final report on
                                                                                          the activities. Each such report shall include data on partici-
                                                                                          pant outcomes related to earnings, employment in health pro-
                                                                                          fessions, graduation rate, graduation timeliness, credential at-
                                                                                          tainment, participant demographics, and other data specified
                                                                                          by the Secretary.
                                                                                             ‘‘(2) TO THE CONGRESS.—During each Congress, the Secretary
                                                                                          shall submit to the Committee on Ways and Means of the
                                                                                          House of Representatives and the Committee on Finance of the
                                                                                          Senate a report—
                                                                                                   ‘‘(A) on the demographics of the participants in the
                                                                                                projects for which a grant is made under this section;
                                                                                                   ‘‘(B) on the rate of which project participants completed
                                                                                                all activities under the projects;
                                                                                                   ‘‘(C) on the employment credentials acquired by project
                                                                                                participants;
                                                                                                   ‘‘(D) on the employment of project participants on com-
                                                                                                pletion of activities under the projects, and the earnings of
                                                                                                project participants at entry into employment;
                                                                                                   ‘‘(E) on best practices and promising practices used in
                                                                                                the projects;
                                                                                                   ‘‘(F) on the nature of any technical assistance provided
                                                                                                to grantees under this section;
                                                                                                   ‘‘(G) on, with respect to the period since the period cov-
                                                                                                ered in the most recent prior report submitted under this
                                                                                                paragraph—
                                                                                                         ‘‘(i) the number of applications submitted under this
                                                                                                      section, with a separate statement of the number of
                                                                                                      applications referred to in subsection (b)(5);
                                                                                                         ‘‘(ii) the number of applications that were approved,
                                                                                                      with a separate statement of the number of such ap-
                                                                                                      plications referred to in subsection (b)(5); and
                                                                                                         ‘‘(iii) a description of how grants were made in any
                                                                                                      case described in the last sentence of subsection
                                                                                                      (c)(1)(A)(ii); and
                                                                                                   ‘‘(H) that includes an assessment of the effectiveness of
                                                                                                the projects with respect to addressing health professions
                                                                                                workforce shortages or in-demand jobs.
                                                                                       ‘‘(h) DEFINITIONS.—In this section:
                                                                                             ‘‘(1) ALLIED HEALTH PROFESSION.—The term ‘allied health
                                                                                          profession’ has the meaning given in section 799B(5) of the
                                                                                          Public Health Service Act.
                                                                                             ‘‘(2) CAREER PATHWAY.—The term ‘career pathway’ has the
                                                                                          meaning given that term in section 3(7) of the Workforce Inno-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                          vation and Opportunity Act.
                                                                                             ‘‘(3) DOULA.—The term ‘doula’ means an individual who—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00112   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2099

                                                                                                  ‘‘(A) is certified by an organization that has been estab-
                                                                                               lished for not less than 5 years and that requires the com-
                                                                                               pletion of continuing education to maintain the certifi-
                                                                                               cation, to provide non-medical advice, information, emo-
                                                                                               tional support, and physical comfort to an individual dur-
                                                                                               ing the individual’s pregnancy, childbirth, and post-partum
                                                                                               period; and
                                                                                                  ‘‘(B) maintains the certification by completing the re-
                                                                                               quired continuing education.
                                                                                            ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any
                                                                                         of the following entities that demonstrates in an application
                                                                                         submitted under this section that the entity has the capacity
                                                                                         to fully develop and administer the project described in the ap-
                                                                                         plication:
                                                                                                  ‘‘(A) A local workforce development board established
                                                                                               under section 107 of the Workforce Innovation and Oppor-
                                                                                               tunity Act.
                                                                                                  ‘‘(B) A State or territory, a political subdivision of a
                                                                                               State or territory, or an agency of a State, territory, or
                                                                                               such a political subdivision, including a State or local enti-
                                                                                               ty that administers a State program funded under part A
                                                                                               of this title.
                                                                                                  ‘‘(C) An Indian tribe, a tribal organization, or a tribal
                                                                                               college or university.
                                                                                                  ‘‘(D) An institution of higher education (as defined in the
                                                                                               Higher Education Act of 1965).
                                                                                                  ‘‘(E) A hospital (as defined in section 1861(e)).
                                                                                                  ‘‘(F) A high-quality skilled nursing facility.
                                                                                                  ‘‘(G) A Federally qualified health center (as defined in
                                                                                               section 1861(aa)(4)).
                                                                                                  ‘‘(H) A nonprofit organization described in section
                                                                                               501(c)(3) of the Internal Revenue Code of 1986, a labor or-
                                                                                               ganization, or an entity with shared labor-management
                                                                                               oversight, that has a demonstrated history of providing
                                                                                               health profession training to eligible individuals.
                                                                                                  ‘‘(I) In the case of a demonstration project of the type
                                                                                               provided for in subsection (c)(2)(B)(i)(II) of this section, an
                                                                                               entity recognized by a State, Indian tribe, or tribal organi-
                                                                                               zation as qualified to train doulas or midwives, if midwives
                                                                                               or doulas, as the case may be, are permitted to practice in
                                                                                               the State involved.
                                                                                                  ‘‘(J) An opioid treatment program (as defined in section
                                                                                               1861(jjj)(2)), and other high quality comprehensive addic-
                                                                                               tion care providers.
                                                                                            ‘‘(5) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
                                                                                         means an individual whose family income does not exceed 200
                                                                                         percent of the Federal poverty level.
                                                                                            ‘‘(6) FEDERAL POVERTY LEVEL.—The term ‘Federal poverty
                                                                                         level’ means the poverty line (as defined in section 673(2) of
                                                                                         the Omnibus Budget Reconciliation Act of 1981, including any
                                                                                         revision required by such section applicable to a family of the
                                                                                         size involved).




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                            ‘‘(7) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian
                                                                                         tribe’ and ‘tribal organization’ have the meaning given the




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00113   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2100

                                                                                           terms in section 4 of the Indian Self-Determination and Edu-
                                                                                           cation Assistance Act (25 U.S.C. 450b).
                                                                                              ‘‘(8) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
                                                                                           tion of higher education’ has the meaning given the term in
                                                                                           section 101 or 102(a)(1)(B) of the Higher Education Act of
                                                                                           1965.
                                                                                              ‘‘(9) TERRITORY.—The term ‘territory’ means the Common-
                                                                                           wealth of Puerto Rico, the United States Virgin Islands, Guam,
                                                                                           the Northern Mariana Islands, and American Samoa.
                                                                                              ‘‘(10) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘tribal col-
                                                                                           lege or university’ has the meaning given the term in section
                                                                                           316(b) of the Higher Education Act of 1965.
                                                                                       ‘‘(i) FUNDING.—
                                                                                              ‘‘(1) IN GENERAL.—Out of any funds in the Treasury of the
                                                                                           United States not otherwise appropriated, there are appro-
                                                                                           priated to the Secretary to carry out this section $425,000,000
                                                                                           for each of fiscal years 2022 through 2026.
                                                                                              ‘‘(2) ALLOCATION OF FUNDS.—Of the amount appropriated for
                                                                                           a fiscal year under paragraph (1) of this subsection—
                                                                                                    ‘‘(A) $318,750,000 shall be available for grants under
                                                                                                 subsection (c)(1)(A);
                                                                                                    ‘‘(B) $17,000,000 shall be reserved for grants under sub-
                                                                                                 section (c)(1)(B);
                                                                                                    ‘‘(C) $21,250,000 shall be reserved for grants under sub-
                                                                                                 section (c)(1)(C);
                                                                                                    ‘‘(D) $25,5000,000 shall be available for demonstration
                                                                                                 project grants under subsection (c)(2);
                                                                                                    ‘‘(E) $25,500,000, plus all amounts referred to in sub-
                                                                                                 paragraphs (A) through (D) of this paragraph that remain
                                                                                                 unused after all grant awards are made for the fiscal year,
                                                                                                 shall be available for the provision of technical assistance
                                                                                                 and associated staffing; and
                                                                                                    ‘‘(F) $17,000,000 shall be available for studying the ef-
                                                                                                 fects of the demonstration and non-demonstration projects
                                                                                                 for which a grant is made under this section, and for asso-
                                                                                                 ciated staffing, for the purpose of supporting the rigorous
                                                                                                 evaluation of the demonstration projects, and supporting
                                                                                                 the continued study of the short-, medium-, and long-term
                                                                                                 effects of all such projects, including the effectiveness of
                                                                                                 new or added elements of the non-demonstration projects.’’.

                                                                                       PART 2—PROVISIONS RELATING TO ELDER
                                                                                                     JUSTICE
                                                                                  SEC. 134201. REAUTHORIZATION OF FUNDING FOR PROGRAMS TO
                                                                                             PREVENT AND INVESTIGATE ELDER ABUSE, NEGLECT,
                                                                                             AND EXPLOITATION.
                                                                                    (a) LONG-TERM CARE STAFF TRAINING GRANTS.—Section 2041 of
                                                                                  the Social Security Act (42 U.S.C. 1397m) is amended to read as
                                                                                  follows:
                                                                                  ‘‘SEC. 2041. NURSING HOME WORKER TRAINING GRANTS.
                                                                                     ‘‘(a) APPROPRIATION.—Out of any funds in the Treasury not oth-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  erwise appropriated, there is appropriated to the Secretary for each
                                                                                  of fiscal years 2022 through 2025—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00114   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2101

                                                                                              ‘‘(1) $392,000,000for grants under subsection (b)(1); and
                                                                                              ‘‘(2) $8,000,000 for grants under subsection (b)(2).
                                                                                       ‘‘(b) GRANTS.—
                                                                                              ‘‘(1) STATE ENTITLEMENT.—
                                                                                                    ‘‘(A) IN GENERAL.—Each State shall be entitled to receive
                                                                                                 from the Secretary for each fiscal year specified in sub-
                                                                                                 section (a) a grant in an amount equal to the amount allot-
                                                                                                 ted to the State under subparagraph (B) of this paragraph.
                                                                                                    ‘‘(B) STATE ALLOTMENTS.—The amount allotted to a
                                                                                                 State under this subparagraph for a fiscal year shall be—
                                                                                                          ‘‘(i) the amount made available by subsection (a) for
                                                                                                       the fiscal year that is not required to be reserved by
                                                                                                       subsection (a); multiplied by
                                                                                                          ‘‘(ii)(I) the number of State residents who have at-
                                                                                                       tained 65 years of age or are individuals with a dis-
                                                                                                       ability, as determined by the Secretary using the most
                                                                                                       recent version of the American Community Survey
                                                                                                       published by the Bureau of the Census or a successor
                                                                                                       data set; divided by
                                                                                                          ‘‘(II) the total number of such residents of all States.
                                                                                              ‘‘(2) GRANTS TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS.—
                                                                                                    ‘‘(A) IN GENERAL.—The Secretary, in consultation with
                                                                                                 the Indian tribes and tribal organizations, shall make
                                                                                                 grants in accordance with this section to Indian tribes and
                                                                                                 tribal organizations who operate at least 1 eligible setting.
                                                                                                    ‘‘(B) GRANT FORMULA.—The Secretary, in consultation
                                                                                                 with the Indian tribes and tribal organizations, shall de-
                                                                                                 vise a formula for distributing among Indian tribes and
                                                                                                 tribal organizations the amount required to be reserved by
                                                                                                 subsection (a) for each fiscal year.
                                                                                              ‘‘(3) SUB-GRANTS.—A State, Indian tribe, or tribal organiza-
                                                                                           tion to which an amount is paid under this paragraph may use
                                                                                           the amount to make sub-grants to local organizations, includ-
                                                                                           ing community organizations, local non-profits, elder rights
                                                                                           and justice groups, and workforce development boards for any
                                                                                           purpose described in paragraph (1) or (2) of subsection (c).
                                                                                       ‘‘(c) USE OF FUNDS.—
                                                                                              ‘‘(1) REQUIRED USES.—A State to which an amount is paid
                                                                                           under subsection (b) shall use the amount to—
                                                                                                    ‘‘(A) provide wage subsidies to eligible individuals;
                                                                                                    ‘‘(B) provide student loan repayment or tuition assist-
                                                                                                 ance to eligible individuals for a degree or certification in
                                                                                                 a field relevant to their position referred to in subsection
                                                                                                 (f)(1)(A);
                                                                                                    ‘‘(C) guarantee affordable and accessible child care for el-
                                                                                                 igible individuals, including help with referrals, co-pays, or
                                                                                                 other direct assistance; and
                                                                                                    ‘‘(D) provide assistance where necessary with obtaining
                                                                                                 appropriate transportation, including public transportation
                                                                                                 if available, or gas money or transit vouchers for ride
                                                                                                 share, taxis, and similar types of transportation if public




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                 transportation is unavailable or impractical based on work
                                                                                                 hours or location.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00115   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2102

                                                                                          ‘‘(2) AUTHORIZED USES.—A State to which an amount is paid
                                                                                        under subsection (b) may use the amount to—
                                                                                                ‘‘(A) establish a reserve fund for financial assistance to
                                                                                             eligible individuals in emergency situations;
                                                                                                ‘‘(B) provide in-kind resource donations, such as inter-
                                                                                             view clothing and conference attendance fees;
                                                                                                ‘‘(C) provide assistance with programs and activities, in-
                                                                                             cluding legal assistance, deemed necessary to address ar-
                                                                                             rest or conviction records that are an employment barrier;
                                                                                                ‘‘(D) support employers operating an eligible setting in
                                                                                             the State in providing employees with not less than 2
                                                                                             weeks of paid leave per year; or
                                                                                                ‘‘(E) provide other support services the Secretary deems
                                                                                             necessary to allow for successful recruitment and retention
                                                                                             of workers.
                                                                                          ‘‘(3) PROVISION OF FUNDS ONLY FOR THE BENEFIT OF ELIGIBLE
                                                                                        INDIVIDUALS IN ELIGIBLE SETTINGS.—A State to which an
                                                                                        amount is paid under subsection (b) may provide the amount
                                                                                        to only an eligible individual or a partner organization serving
                                                                                        an eligible individual.
                                                                                          ‘‘(4) NONSUPPLANTATION.—A State to which an amount is
                                                                                        paid under subsection (b) shall not use the amount to supplant
                                                                                        the expenditure of any State funds for recruiting or retaining
                                                                                        employees in an eligible setting.
                                                                                    ‘‘(d) ADMINISTRATION.—A State to which a grant is made under
                                                                                  subsection (b) shall reserve not more than 10 percent of the grant
                                                                                  to—
                                                                                          ‘‘(1) administer subgrants in accordance with this section;
                                                                                          ‘‘(2) provide technical assistance and support for applying for
                                                                                        and accessing such a subgrant opportunity;
                                                                                          ‘‘(3) publicize the availability of the subgrants;
                                                                                          ‘‘(4) carry out activities to increase the supply of eligible indi-
                                                                                        viduals; and
                                                                                          ‘‘(5) provide technical assistance to help subgrantees find and
                                                                                        train individuals to provide the services for which they are con-
                                                                                        tracted.
                                                                                    ‘‘(e) DEFINITIONS.—In this section:
                                                                                          ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
                                                                                        means an individual who—
                                                                                                ‘‘(A)(i) is a qualified home health aide, as defined in sec-
                                                                                             tion 484.80(a) of title 42, Code of Federal Regulations;
                                                                                                ‘‘(ii) is a nurse aide approved by the State as meeting
                                                                                             the requirements of sections 483.150 through 483.154 of
                                                                                             such title, and is listed in good standing on the State
                                                                                             nurse aide registry;
                                                                                                ‘‘(iii) is a personal care aide approved by the State, and
                                                                                             furnishes personal care services, as defined in section
                                                                                             440.167 of such title;
                                                                                                ‘‘(iv) is a qualified hospice aide, as defined in section
                                                                                             418.76 of such title; or
                                                                                                ‘‘(v) is a licensed practical nurse or a licensed or certified
                                                                                             social worker; or




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                ‘‘(vi) is receiving training to be certified or licensed as
                                                                                             such an aide, nurse, or social worker; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00116   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2103

                                                                                              ‘‘(B) provides (or, in the case of a trainee, intends to pro-
                                                                                           vide) services as such an aide, nurse, or social worker in
                                                                                           an eligible setting.
                                                                                        ‘‘(2) ELIGIBLE SETTING.—The term ‘eligible setting’ means—
                                                                                              ‘‘(A) a skilled nursing facility, as defined in section 1819;
                                                                                              ‘‘(B) a nursing facility, as defined in section 1919;
                                                                                              ‘‘(C) a home health agency, as defined in section 1891;
                                                                                              ‘‘(D) a facility provider approved to deliver home or com-
                                                                                           munity-based services authorized under State options de-
                                                                                           scribed in subsection (c) or (i) of section 1915 or, as rel-
                                                                                           evant, demonstration projects authorized under section
                                                                                           1115;
                                                                                              ‘‘(E) a hospice, as defined in section 1814; or
                                                                                              ‘‘(F) a tribal assisted living facility.
                                                                                        ‘‘(3) TRIBAL ORGANIZATION.—The term ‘tribal organization’
                                                                                      has the meaning given the term in section 4 of the Indian Self-
                                                                                      Determination and Education Assistance Act.’’.
                                                                                    (b) ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PRO-
                                                                                  GRAMS.—
                                                                                        (1) DIRECT FUNDING; STATE ENTITLEMENT.—Section 2042 of
                                                                                      the Social Security Act (42 U.S.C. 1397m–1) is amended—
                                                                                              (A) in subsection (a)—
                                                                                                    (i) in paragraph (1)(A)—
                                                                                                          (I) by striking ‘‘offices’’ and inserting ‘‘pro-
                                                                                                       grams’’; and
                                                                                                          (II) by inserting ‘‘and adults who are under a
                                                                                                       disability (as defined in section 216(i)(1))’’ before
                                                                                                       the semicolon; and
                                                                                                    (ii) by striking paragraph (2) and inserting the fol-
                                                                                                 lowing:
                                                                                        ‘‘(2) APPROPRIATION.—Out of any money in the Treasury not
                                                                                      otherwise appropriated, there are appropriated to the Sec-
                                                                                      retary $8,000,000 for each of fiscal years 2023 through 2025 to
                                                                                      carry out this subsection.’’;
                                                                                              (B) in subsection (b)—
                                                                                                    (i) in paragraph (2)—
                                                                                                          (I) in subparagraph (A), by striking ‘‘the avail-
                                                                                                       ability of appropriations and’’; and
                                                                                                          (II) in subparagraph (B)—
                                                                                                                (aa) in the heading for clause (i), by insert-
                                                                                                             ing ‘‘AND THE DISTRICT OF COLUMBIA’’ after
                                                                                                             ‘‘STATES’’; and
                                                                                                                (bb) in clause (ii), by inserting ‘‘or the Dis-
                                                                                                             trict of Columbia’’ after ‘‘States’’; and
                                                                                                    (ii) by striking paragraph (5) and inserting the fol-
                                                                                                 lowing:
                                                                                        ‘‘(5) APPROPRIATION.—Out of any money in the Treasury not
                                                                                      otherwise appropriated, there are appropriated to the Sec-
                                                                                      retary for each of fiscal years 2023 through 2025—
                                                                                              ‘‘(A) $392,000,000 for grants to States under this sub-
                                                                                           section; and




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              ‘‘(B) $8,000,000 for grants to Indian tribes and tribal or-
                                                                                           ganizations under this subsection.’’; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00117   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2104

                                                                                                 (C) in subsection (c), by striking paragraph (6) and in-
                                                                                              serting the following:
                                                                                           ‘‘(6) APPROPRIATION.—Out of any money in the Treasury not
                                                                                         otherwise appropriated, there are appropriated to the Sec-
                                                                                         retary $75,000,000 for each of fiscal years 2023 through 2025
                                                                                         to carry out this subsection.’’.
                                                                                           (2) STATE ENTITLEMENT; GRANTS TO INDIAN TRIBES AND TRIB-
                                                                                         AL ORGANIZATIONS.—Section 2042 of such Act (42 U.S.C.
                                                                                         1397m–1) is amended—
                                                                                                 (A) in subsection (a)(1)(A), by striking ‘‘State and local’’
                                                                                              and inserting ‘‘State, local, and tribal’’;
                                                                                                 (B) in subsection (b)(1), by striking ‘‘the Secretary shall
                                                                                              annually award grants to States in the amounts calculated
                                                                                              under paragraph (2)’’ and inserting ‘‘each State shall be
                                                                                              entitled to annually receive from the Secretary in the
                                                                                              amounts calculated under paragraph (2), and the Sec-
                                                                                              retary may annually award to each Indian tribe and tribal
                                                                                              organization in accordance with paragraph (3), grants’’;
                                                                                                 (C) in subsection (b)(2)—
                                                                                                      (i) in the paragraph heading, by inserting ‘‘FOR A
                                                                                                   STATE’’ after ‘‘PAYMENT’’;
                                                                                                      (ii) in subparagraph (A), by striking ‘‘to carry out’’
                                                                                                   and inserting ‘‘for grants to States under’’; and
                                                                                                      (iii) in subparagraph (B)(i), by striking ‘‘such year’’
                                                                                                   and inserting ‘‘for grants to States under this sub-
                                                                                                   section for the fiscal year’’; and
                                                                                                 (D) in subsection (b), by redesignating paragraphs (3)
                                                                                              through (5) as paragraphs (4) through (6), respectively,
                                                                                              and inserting after paragraph (2) the following:
                                                                                           ‘‘(3) AMOUNT OF PAYMENT TO INDIAN TRIBE OR TRIBAL ORGA-
                                                                                         NIZATION.—The Secretary, in consultation with Indian tribes
                                                                                         and tribal organizations, shall determine the amount of any
                                                                                         grant to be made to each Indian tribe and tribal organization
                                                                                         under this subsection. Paragraphs (4) and (5) shall apply to
                                                                                         grantees under this paragraph in the same manner in which
                                                                                         the paragraphs apply to States.’’;
                                                                                                 (E) in subsection (c)—
                                                                                                      (i) in paragraph (1), by striking ‘‘to States’’ and in-
                                                                                                   serting ‘‘to States, Indian tribes, and tribal organiza-
                                                                                                   tions’’;
                                                                                                      (ii) in paragraph (2)—
                                                                                                            (I) in the matter preceding subparagraph (A), by
                                                                                                         inserting ‘‘and Indian tribes and tribal organiza-
                                                                                                         tions’’ after ‘‘government’’; and
                                                                                                            (II) in subparagraph (D), by inserting ‘‘or Indian
                                                                                                         tribe or tribal organization, as the case may be’’
                                                                                                         after ‘‘government’’;
                                                                                                      (iii) in paragraph (4), by inserting ‘‘or Indian tribe or
                                                                                                   tribal organization’’ after ‘‘a State’’ the 1st place it ap-
                                                                                                   pears; and
                                                                                                      (iv) in paragraph (5)—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                            (I) by inserting ‘‘or Indian tribe or tribal organi-
                                                                                                         zation’’ after ‘‘Each State’’; and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00118   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2105

                                                                                                           (II) by inserting ‘‘or Indian tribe or tribal orga-
                                                                                                         nization, as the case may be’’ after ‘‘the State’’;
                                                                                                         and
                                                                                                 (F) by adding at the end the following:
                                                                                     ‘‘(d) DEFINITIONS OF INDIAN TRIBE AND TRIBAL ORGANIZATION.—
                                                                                  In this section, the terms ‘Indian tribe’ and ‘tribal organization’
                                                                                  have the meanings given the terms in section 419.’’.
                                                                                           (3) CONFORMING AMENDMENT.—Section 2011(2) of such Act
                                                                                        (42 U.S.C. 1397j(2)) is amended by striking ‘‘such services pro-
                                                                                        vided to adults as the Secretary may specify’’ and inserting
                                                                                        ‘‘services provided by an entity authorized by or under State
                                                                                        law address neglect, abuse, and exploitation of older adults and
                                                                                        people with disabilities’’.
                                                                                     (c) LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND TRAIN-
                                                                                  ING.—Section 2043 of the Social Security Act (42 U.S.C. 1397m–2)
                                                                                  is amended—
                                                                                           (1) in subsection (a), by striking paragraph (2) and inserting
                                                                                        the following:
                                                                                           ‘‘(2) APPROPRIATION.—Out of any money in the Treasury not
                                                                                        otherwise appropriated, there are appropriated to the Sec-
                                                                                        retary to carry out this subsection—
                                                                                                 ‘‘(A) $22,500,000 for fiscal year 2023; and
                                                                                                 ‘‘(B) $30,000,000 for each of fiscal years 2024 and 2025.’’;
                                                                                              and
                                                                                           (2) in subsection (b), by striking paragraph (2) and inserting
                                                                                        the following:
                                                                                           ‘‘(2) APPROPRIATION.—Out of any money in the Treasury not
                                                                                        otherwise appropriated, there are appropriated to the Sec-
                                                                                        retary $30,000,000 for each of fiscal years 2023 through 2025
                                                                                        to carry out this subsection.’’.
                                                                                     (d) INCENTIVES FOR DEVELOPING AND SUSTAINING STRUCTURAL
                                                                                  COMPETENCY IN PROVIDING HEALTH AND HUMAN SERVICES.—Part
                                                                                  II of subtitle B of title XX of the Social Security Act (42 U.S.C.
                                                                                  1397m-1397m–5) is amended by adding at the end the following:
                                                                                  ‘‘SEC. 2047. INCENTIVES FOR DEVELOPING AND SUSTAINING STRUC-
                                                                                                  TURAL COMPETENCY IN PROVIDING HEALTH AND HUMAN
                                                                                                  SERVICES.
                                                                                     ‘‘(a) GRANTS TO STATES TO SUPPORT LINKAGES TO LEGAL SERV-
                                                                                  ICES AND MEDICAL LEGAL PARTNERSHIPS.—
                                                                                           ‘‘(1) APPROPRIATION.—Out of any money in the Treasury not
                                                                                         otherwise appropriated, there are appropriated to the Sec-
                                                                                         retary $500,000,000 for fiscal year 2022, to remain available
                                                                                         for the purposes of this subsection through fiscal year 2028.
                                                                                           ‘‘(2) GRANTS.—Within 2 years after the date of the enactment
                                                                                         of this section, the Secretary shall establish and administer a
                                                                                         program of grants to States to support the adoption of evi-
                                                                                         dence-based approaches to establishing or improving and main-
                                                                                         taining real-time linkages between health and social services
                                                                                         and supports for vulnerable elders or in conjunction with au-
                                                                                         thorized representatives of vulnerable elders, including
                                                                                         through the following:
                                                                                                 ‘‘(A) MEDICAL-LEGAL PARTNERSHIPS.—The establishment




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              and support of medical-legal partnerships, the incorpora-
                                                                                              tion of the partnerships in the elder justice framework and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00119   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2106

                                                                                             health and human services safety net, and the implemen-
                                                                                             tation and operation of such a partnership by an eligible
                                                                                             grantee—
                                                                                                      ‘‘(i) at the option of a State, in conjunction with an
                                                                                                   area agency on aging;
                                                                                                      ‘‘(ii) in a solo provider practice in a health profes-
                                                                                                   sional shortage area (as defined in section 332(a) of
                                                                                                   the Public Health Service Act), a medically under-
                                                                                                   served community (as defined in section 399V of such
                                                                                                   Act), or a rural area (as defined in section 330J of
                                                                                                   such Act);
                                                                                                      ‘‘(iii) in a minority-serving institution of higher
                                                                                                   learning with health, law, and social services profes-
                                                                                                   sional programs;
                                                                                                      ‘‘(iv) in a federally qualified health center, as de-
                                                                                                   scribed in section 330 of the Public Health Service Act,
                                                                                                   or look-alike, as described in section 1905(l)(2)(B) of
                                                                                                   this Act; or
                                                                                                      ‘‘(v) in certain hospitals that are critical access hos-
                                                                                                   pitals, Medicare-dependent hospitals, sole community
                                                                                                   hospitals, rural emergency hospitals, or that serve a
                                                                                                   high proportion of Medicare or Medicaid patients.
                                                                                                ‘‘(B) LEGAL HOTLINES DEVELOPMENT OR EXPANSION.—The
                                                                                             provision of incentives to develop, enhance, and integrate
                                                                                             platforms, such as legal assistance hotlines, that help to
                                                                                             facilitate the identification of older adults who could ben-
                                                                                             efit from linkages to available legal services such as those
                                                                                             described in subparagraph (A).
                                                                                          ‘‘(3) STATE REPORTS.—Each State to which a grant is made
                                                                                       under this subsection shall submit to the Secretary biannual
                                                                                       reports on the activities carried out by the State pursuant to
                                                                                       this subsection, which shall include assessments of the effec-
                                                                                       tiveness of the activities with respect to—
                                                                                                ‘‘(A) the number of unique individuals identified through
                                                                                             the mechanism outlined in paragraph (2)(B) who are re-
                                                                                             ferred to services described in paragraph (2)(A), and the
                                                                                             average time period associated with resolving issues;
                                                                                                ‘‘(B) the success rate for referrals to community-based
                                                                                             resources; and
                                                                                                ‘‘(C) other factors determined relevant by the Secretary.
                                                                                          ‘‘(4) EVALUATION.—The Secretary shall, by grant, contract, or
                                                                                       interagency agreement, evaluate the activities conducted pur-
                                                                                       suant to this subsection, which shall include a comparison
                                                                                       among the States.
                                                                                          ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Support provided to area
                                                                                       agencies on aging, State units on aging, eligible entities, or
                                                                                       other community-based organizations pursuant to this sub-
                                                                                       section shall be used to supplement and not supplant any other
                                                                                       Federal, State, or local funds expended to provide the same or
                                                                                       comparable services described in this subsection.
                                                                                    ‘‘(b) GRANTS AND TRAINING TO SUPPORT AREA AGENCIES ON
                                                                                  AGING OR OTHER COMMUNITY-BASED ORGANIZATIONS TO ADDRESS




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                  SOCIAL ISOLATION AMONG VULNERABLE OLDER ADULTS AND PEOPLE
                                                                                  WITH DISABILITIES.—




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00120   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2107

                                                                                              ‘‘(1) APPROPRIATION.—Out of any money in the Treasury not
                                                                                           otherwise appropriated, there are appropriated to the Sec-
                                                                                           retary $250,000,000, to remain available for the purposes of
                                                                                           this subsection through fiscal year 2028.
                                                                                              ‘‘(2) GRANTS.—The Secretary shall make grants to eligible
                                                                                           area agencies on aging or other community-based organizations
                                                                                           for the purpose of—
                                                                                                    ‘‘(A) conducting outreach to individuals at risk for, or al-
                                                                                                 ready experiencing, social isolation or loneliness, through
                                                                                                 established screening tools or other methods identified by
                                                                                                 the Secretary;
                                                                                                    ‘‘(B) developing community-based interventions for the
                                                                                                 purposes of mitigating loneliness or social isolation (includ-
                                                                                                 ing evidence-based programs, as defined by the Secretary,
                                                                                                 developed with multi-stakeholder input for the purposes of
                                                                                                 promoting social connection, mitigating social isolation or
                                                                                                 loneliness, or preventing social isolation or loneliness)
                                                                                                 among at-risk individuals;
                                                                                                    ‘‘(C) connecting at-risk individuals with community so-
                                                                                                 cial and clinical supports; and
                                                                                                    ‘‘(D) evaluating the effect of programs developed and im-
                                                                                                 plemented under subparagraphs (B) and (C).
                                                                                              ‘‘(3) TRAINING.—The Secretary shall establish programs to
                                                                                           provide and improve training for area agencies on aging or
                                                                                           community-based organizations with respect to addressing and
                                                                                           preventing social isolation and loneliness among older adults
                                                                                           and people with disabilities.
                                                                                              ‘‘(4) EVALUATION.—Not later than 3 years after the date of
                                                                                           the enactment of this section and at least once after fiscal year
                                                                                           2025, the Secretary shall submit to the Congress a written re-
                                                                                           port which assesses the extent to which the programs estab-
                                                                                           lished under this subsection address social isolation and loneli-
                                                                                           ness among older adults and people with disabilities.
                                                                                              ‘‘(5) COORDINATION.—The Secretary shall coordinate with re-
                                                                                           source centers, grant programs, or other funding mechanisms
                                                                                           established under section 411(a)(18) of the Older Americans
                                                                                           Act (42 U.S.C. 3032(a)(18)), section 417(a)(1) of such Act (42
                                                                                           U.S.C. 3032F(a)(1)), or other programs as determined by the
                                                                                           Secretary.
                                                                                       ‘‘(c) DEFINITIONS.—In this section:
                                                                                              ‘‘(1) AREA AGENCY ON AGING.—The term ‘area agency on
                                                                                           aging’ means an area agency on aging designated under section
                                                                                           305 of the Older Americans Act of 1965.
                                                                                              ‘‘(2) SOCIAL ISOLATION.—The term ‘social isolation’ means ob-
                                                                                           jectively being alone, or having few relationships or infrequent
                                                                                           social contact.
                                                                                              ‘‘(3) LONELINESS.—The term ‘loneliness’ means subjectively
                                                                                           feeling alone, or the discrepancy between one’s desired level of
                                                                                           social connection and one’s actual level of social connection.
                                                                                              ‘‘(4) SOCIAL CONNECTION.—The term ‘social connection’
                                                                                           means the variety of ways one can connect to others socially,




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           through physical, behavioral, social–cognitive, and emotional
                                                                                           channels.




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00121   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2108

                                                                                          ‘‘(5) COMMUNITY-BASED ORGANIZATION.—The term ‘commu-
                                                                                       nity-based organization’ includes, except as otherwise provided
                                                                                       by the Secretary, a nonprofit community-based organization, a
                                                                                       consortium of nonprofit community-based organizations, a na-
                                                                                       tional nonprofit organization acting as an intermediary for a
                                                                                       community-based organization, or a community-based organi-
                                                                                       zation that has a fiscal sponsor that allows the organization to
                                                                                       function as an organization described in section 501(c)(3) of the
                                                                                       Internal Revenue Code of 1986 and exempt from taxation
                                                                                       under section 501(a) of such Code.’’.
                                                                                    (e) TECHNICAL AMENDMENT.—Section 2011(12)(A) of the Social
                                                                                  Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking ‘‘450b’’
                                                                                  and inserting ‘‘5304’’.
                                                                                  SEC. 134202. APPROPRIATION FOR ASSESSMENTS.
                                                                                    Out of any money in the Treasury not otherwise appropriated,
                                                                                  there are appropriated to the Secretary of Health and Human Serv-
                                                                                  ices $5,000,000 for each of fiscal years 2022 through 2025 to pre-
                                                                                  pare and submit to the Committee on Ways and Means of the
                                                                                  House of Representatives and the Committee on Finance of the
                                                                                  Senate, not later than 3 years after the date of enactment of this
                                                                                  Act, and at least once after fiscal year 2025, reports on the pro-
                                                                                  grams, coordinating bodies, registries, and activities established or
                                                                                  authorized under subtitle B of title XX of the Social Security Act
                                                                                  (42 U.S.C. 1397l et seq.) or section 6703(b) of the Patient Protection
                                                                                  and Affordable Care Act (42 U.S.C. 1395i–3a), which shall assess
                                                                                  the extent to which such programs, coordinating bodies, registries,
                                                                                  and activities have improved access to, and the quality of, re-
                                                                                  sources available to aging Americans and their caregivers to ulti-
                                                                                  mately prevent, detect, and treat abuse, neglect, and exploitation,
                                                                                  and shall include, as appropriate, recommendations to Congress on
                                                                                  funding levels and policy changes to help these programs, coordi-
                                                                                  nating bodies, registries, and activities better prevent, detect, and
                                                                                  treat abuse, neglect, and exploitation of aging Americans.

                                                                                           PART 3—SKILLED NURSING FACILITIES
                                                                                  SEC. 134301. FUNDING TO IMPROVE THE ACCURACY AND RELIABILITY
                                                                                              OF CERTAIN SKILLED NURSING FACILITY DATA.
                                                                                   Section 1888 of the Social Security Act (42 U.S.C. 1395yy) is
                                                                                  amended—
                                                                                       (1) in subsection (h)(12)—
                                                                                            (A) in subparagraph (A), by striking ‘‘and the data sub-
                                                                                         mitted under subsection (e)(6)’’ and inserting ‘‘, the data
                                                                                         submitted under subsection (e)(6), and, during the period
                                                                                         beginning with fiscal year 2024 and ending with fiscal year
                                                                                         2031, the resident assessment data described in section
                                                                                         1819(b)(3) and the direct care staffing information de-
                                                                                         scribed in section 1128I(g)’’; and
                                                                                            (B) in subparagraph (B)—
                                                                                                 (i) by striking ‘‘FUNDING.—For purposes’’ and insert-
                                                                                              ing ‘‘FUNDING.—
                                                                                                 ‘‘(i) FISCAL YEARS 2023 THROUGH 2025.—For pur-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                              poses’’; and
                                                                                                 (ii) by adding at the end the following new clause:




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00122   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2109

                                                                                                      ‘‘(ii) FISCAL YEARS 2026 THROUGH 2031.—There is ap-
                                                                                                   propriated to the Secretary, out of any monies in the
                                                                                                   Treasury not otherwise appropriated, $50,000,000 for
                                                                                                   the period of fiscal years 2026 through 2031 for pur-
                                                                                                   poses of carrying out this paragraph.’’; and
                                                                                            (2) in subsection (e)(6)(A)—
                                                                                                 (A) in the header, by striking ‘‘FOR FAILURE TO REPORT’’;
                                                                                              and
                                                                                                 (B) in clause (i)—
                                                                                                      (i) by striking ‘‘For fiscal years’’ and inserting the
                                                                                                   following:
                                                                                                             ‘‘(I) FAILURE TO REPORT.—For fiscal years’’; and
                                                                                                      (ii) by adding at the end the following new sub-
                                                                                                   clause:
                                                                                                             ‘‘(II) REPORTING OF INACCURATE INFORMATION.—
                                                                                                          For fiscal years during the period beginning with
                                                                                                          fiscal year 2025 and ending with fiscal year 2031,
                                                                                                          in the case of a skilled nursing facility that sub-
                                                                                                          mits data under this paragraph, measures under
                                                                                                          subsection (h), resident assessment data described
                                                                                                          in section 1819(b)(3), or direct care staffing infor-
                                                                                                          mation described in section 1128I(g) with respect
                                                                                                          to such fiscal year that is inaccurate (as deter-
                                                                                                          mined by the Secretary through the validation
                                                                                                          process described in section 1888(h)(12) or other-
                                                                                                          wise), after determining the percentage described
                                                                                                          in paragraph (5)(B)(i), and after application of
                                                                                                          clauses (ii) and (iii) of paragraph (5)(B) and of sub-
                                                                                                          clause (I) of this clause (if applicable), the Sec-
                                                                                                          retary shall reduce such percentage for payment
                                                                                                          rates during such fiscal year by 2 percentage
                                                                                                          points.’’.
                                                                                  SEC. 134302. ENSURING ACCURATE INFORMATION ON COST REPORTS.
                                                                                   Section 1888(f) of the Social Security Act (42 U.S.C. 1395yy(f)) is
                                                                                  amended by adding at the end the following new paragraph:
                                                                                       ‘‘(5) AUDIT OF COST REPORTS.—There is appropriated to the
                                                                                     Secretary, out of any monies in the Treasury not otherwise ap-
                                                                                     propriated, $250,000,000 for fiscal year 2023 to remain avail-
                                                                                     able until expended, for purposes of conducting an annual
                                                                                     audit (beginning with 2022 and ending with 2031) of cost re-
                                                                                     ports submitted under this title for a representative sample of
                                                                                     skilled nursing facilities.’’.
                                                                                  SEC. 134303. SURVEY IMPROVEMENTS.
                                                                                   Section 1819 of the Social Security Act (42 U.S.C. 1395i–3) is
                                                                                  amended by adding at the end the following new subsection:
                                                                                   ‘‘(l) SURVEY IMPROVEMENTS.—
                                                                                         ‘‘(1) IN GENERAL.—There is appropriated to the Secretary,
                                                                                       out of any monies in the Treasury not otherwise appropriated,
                                                                                       $325,000,000, for the period of fiscal years 2022 through 2031,
                                                                                       for purposes of—




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               ‘‘(A) conducting reviews and identifying plans under
                                                                                            paragraph (2); and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00123   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2110

                                                                                                 ‘‘(B) providing training, tools, technical assistance, and
                                                                                              financial support in accordance with paragraph (3).
                                                                                           ‘‘(2) REVIEW.—The Secretary shall conduct reviews, during
                                                                                         the period specified in paragraph (1), of (and, as appropriate,
                                                                                         identify plans to improve) the following:
                                                                                                 ‘‘(A) The extent to which surveys conducted under sub-
                                                                                              section (g) and the enforcement process under subsection
                                                                                              (h) result in increased compliance with requirements
                                                                                              under this section and subpart B of part 483 of title 42,
                                                                                              Code of Federal Regulations, with respect to skilled nurs-
                                                                                              ing facilities (in this subsection referred to as ‘facilities’).
                                                                                                 ‘‘(B) The timeliness and thoroughness of State agency
                                                                                              verification of deficiency corrections at facilities.
                                                                                                 ‘‘(C) The appropriateness of the scoping and substan-
                                                                                              tiation of cited deficiencies at facilities.
                                                                                                 ‘‘(D) The accuracy of the identification and appropriate-
                                                                                              ness of the scoping of life safety, infection control, and
                                                                                              emergency preparedness deficiencies at facilities.
                                                                                                 ‘‘(E) The timeliness of State agency investigations of—
                                                                                                       ‘‘(i) complaints at facilities; and
                                                                                                       ‘‘(ii) reported allegations of abuse, neglect, and ex-
                                                                                                    ploitation at facilities.
                                                                                                 ‘‘(F) The consistency of facility reporting of substantiated
                                                                                              complaints to law enforcement.
                                                                                                 ‘‘(G) The ability of the State agency to sufficiently hire,
                                                                                              train, and retain individuals who conduct surveys.
                                                                                                 ‘‘(H) Any other area related to surveys of facilities, or the
                                                                                              individuals conducting such surveys, determined appro-
                                                                                              priate by the Secretary.
                                                                                           ‘‘(3) SUPPORT.—Based on the review under paragraph (2), the
                                                                                         Secretary shall, during the period specified in paragraph (1),
                                                                                         provide training, tools, technical assistance, and financial sup-
                                                                                         port to State agencies that perform surveys of facilities for the
                                                                                         purpose of improving the surveys conducted under subsection
                                                                                         (g) and the enforcement process under subsection (h) with re-
                                                                                         spect to the areas reviewed under paragraph (2).’’.
                                                                                  SEC. 134304. NURSE STAFFING REQUIREMENTS.
                                                                                     Section 1819(d) of the Social Security Act (42 U.S.C. 1395i–3(d))
                                                                                  is amended—
                                                                                         (1) in paragraph (4)(A), by inserting ‘‘and any regulations
                                                                                       promulgated under paragraph (5)(C)’’ after ‘‘section 1124’’; and
                                                                                         (2) by adding at the end the following new paragraph:
                                                                                         ‘‘(5) NURSE STAFFING REQUIREMENTS.—
                                                                                               ‘‘(A) FUNDING.—There is appropriated to the Secretary,
                                                                                            out of any monies in the Treasury not otherwise appro-
                                                                                            priated, $50,000,000 for the period of fiscal years 2022
                                                                                            through 2031 for purposes of carrying out this paragraph.
                                                                                               ‘‘(B) STUDY.—Not later than 3 years after the date of the
                                                                                            enactment of this paragraph, and not less frequently than
                                                                                            once every 5 years thereafter, the Secretary shall, out of
                                                                                            funds appropriated under subparagraph (A), conduct a




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                            study and submit to Congress a report on the appropriate-
                                                                                            ness of establishing minimum staff to resident ratios for




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00124   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2111

                                                                                               nursing staff for skilled nursing facilities. Each such report
                                                                                               shall include—
                                                                                                       ‘‘(i) with respect to the first such report, rec-
                                                                                                    ommendations regarding appropriate minimum ratios
                                                                                                    of registered nurses (and, if practicable, licensed prac-
                                                                                                    tical nurses (or licensed vocational nurses) and cer-
                                                                                                    tified nursing assistants) to residents at such skilled
                                                                                                    nursing facilities; and
                                                                                                       ‘‘(ii) with respect to each subsequent such report,
                                                                                                    recommendations regarding appropriate minimum ra-
                                                                                                    tios of registered nurses, licensed practical nurses (or
                                                                                                    licensed vocational nurses), and certified nursing as-
                                                                                                    sistants to residents at such skilled nursing facilities.
                                                                                                 ‘‘(C) PROMULGATION OF REGULATIONS.—
                                                                                                       ‘‘(i) IN GENERAL.—Not later than 2 years after the
                                                                                                    Secretary first submits a report under subparagraph
                                                                                                    (B), the Secretary shall, out of funds appropriated
                                                                                                    under subparagraph (A)—
                                                                                                              ‘‘(I) specify through regulations, consistent with
                                                                                                           such report, appropriate minimum ratios (if any)
                                                                                                           of registered nurses (and, if practicable, licensed
                                                                                                           practical nurses (or licensed vocational nurses)
                                                                                                           and certified nursing assistants) to residents at
                                                                                                           skilled nursing facilities; and
                                                                                                              ‘‘(II) except as provided in clause (ii), require
                                                                                                           such skilled nursing facilities to comply with such
                                                                                                           ratios.
                                                                                                       ‘‘(ii) EXCEPTION.—
                                                                                                              ‘‘(I) IN GENERAL.—In addition to the authority to
                                                                                                           waive the application of clause (i)(II) under section
                                                                                                           1135, the Secretary may waive the application of
                                                                                                           such clause with respect to a skilled nursing facil-
                                                                                                           ity if the Secretary finds that—
                                                                                                                     ‘‘(aa) the facility is located in a rural area
                                                                                                                  and the supply of skilled nursing facility serv-
                                                                                                                  ices in such area is not sufficient to meet the
                                                                                                                  needs of individuals residing therein;
                                                                                                                     ‘‘(bb) the Secretary provides notice of the
                                                                                                                  waiver to the State long-term care ombuds-
                                                                                                                  man (established under section 307(a)(12) of
                                                                                                                  the Older Americans Act of 1965) and the pro-
                                                                                                                  tection and advocacy system in the State for
                                                                                                                  the mentally ill; and
                                                                                                                     ‘‘(cc) the facility that is granted such a
                                                                                                                  waiver notifies residents of the facility (or,
                                                                                                                  where appropriate, the guardians or legal rep-
                                                                                                                  resentatives of such residents) and members
                                                                                                                  of their immediate families of the waiver.
                                                                                                              ‘‘(II) RENEWAL.—Any waiver in effect under this
                                                                                                           clause shall be subject to annual renewal.
                                                                                                       ‘‘(iii) UPDATE.—Not later than 2 years after the sub-
                                                                                                    mission of each subsequent report under subpara-




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                                    graph (B), the Secretary shall, out of funds appro-
                                                                                                    priated under subparagraph (A) and consistent with




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00125   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2112

                                                                                                      such report, update the regulations described in clause
                                                                                                      (i)(I) to reflect appropriate minimum ratios (if any) of
                                                                                                      registered nurses, licensed practical nurses (or li-
                                                                                                      censed vocational nurses), and certified nursing assist-
                                                                                                      ants to residents at skilled nursing facilities.’’.

                                                                                       PART 4—MEDICARE DENTAL, HEARING, AND
                                                                                                 VISION COVERAGE
                                                                                  SEC. 134401. PROVIDING COVERAGE FOR DENTAL AND ORAL HEALTH
                                                                                              CARE UNDER THE MEDICARE PROGRAM.
                                                                                    (a) COVERAGE.—Section 1861(s)(2) of the Social Security Act (42
                                                                                  U.S.C. 1395x(s)(2)) is amended—
                                                                                           (1) in subparagraph (GG), by striking ‘‘and’’ after the semi-
                                                                                        colon at the end;
                                                                                           (2) in subparagraph (HH), by striking the period at the end
                                                                                        and adding ‘‘; and’’; and
                                                                                           (3) by adding at the end the following new subparagraph:
                                                                                           ‘‘(II) dental and oral health services (as defined in subsection
                                                                                        (lll));’’.
                                                                                    (b) DENTAL AND ORAL HEALTH SERVICES DEFINED.—Section 1861
                                                                                  of the Social Security Act (42 U.S.C. 1395x) is amended by adding
                                                                                  at the end the following new subsection:
                                                                                    ‘‘(lll) DENTAL AND ORAL HEALTH SERVICES.—
                                                                                           ‘‘(1) IN GENERAL.—The term ‘dental and oral health services’
                                                                                        means items and services (other than such items and services
                                                                                        for which payment may be made under part A as inpatient
                                                                                        hospital services) that are furnished during 2028 or a subse-
                                                                                        quent year, for which coverage was not provided under part B
                                                                                        as of the date of the enactment of this subsection, and that
                                                                                        are—
                                                                                                   ‘‘(A) the preventive and screening services described in
                                                                                               paragraph (2) furnished by a doctor of dental surgery or of
                                                                                               dental medicine (as described in subsection (r)(2)) or an
                                                                                               oral health professional (as defined in paragraph (4)); or
                                                                                                   ‘‘(B) the basic treatments specified for such year by the
                                                                                               Secretary pursuant to paragraph (3)(A) and the major
                                                                                               treatments specified for such year by the Secretary pursu-
                                                                                               ant to paragraph (3)(B) furnished by such a doctor or such
                                                                                               a professional.
                                                                                           ‘‘(2) PREVENTIVE AND SCREENING SERVICES.—The preventive
                                                                                        and screening services described in this paragraph are the fol-
                                                                                        lowing:
                                                                                                   ‘‘(A) Oral exams.
                                                                                                   ‘‘(B) Dental cleanings.
                                                                                                   ‘‘(C) Dental x-rays performed in the office of a doctor or
                                                                                               professional described in paragraph (1)(A).
                                                                                                   ‘‘(D) Fluoride treatments.
                                                                                           ‘‘(3) BASIC AND MAJOR TREATMENTS.—For 2028 and each sub-
                                                                                        sequent year, the Secretary shall specify—
                                                                                                   ‘‘(A) basic treatments (which may include basic tooth




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                               restorations, basic periodontal services, tooth extractions,
                                                                                               and oral disease management services); and




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00126   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2113

                                                                                                 ‘‘(B) major treatments (which may include major tooth
                                                                                              restorations, major periodontal services, bridges, crowns,
                                                                                              and root canals);
                                                                                        that shall be included as dental and oral health services for
                                                                                        such year.
                                                                                           ‘‘(4) ORAL HEALTH PROFESSIONAL.—The term ‘oral health pro-
                                                                                        fessional’ means, with respect to dental and oral health serv-
                                                                                        ices, a health professional (other than a doctor of dental sur-
                                                                                        gery or of dental medicine (as described in subsection (r)(2)))
                                                                                        who is licensed to furnish such services, acting within the
                                                                                        scope of such license, by the State in which such services are
                                                                                        furnished.’’.
                                                                                    (c) PAYMENT; COINSURANCE; AND LIMITATIONS.—
                                                                                           (1) IN GENERAL.—Section 1833(a)(1) of the Social Security
                                                                                        Act (42 U.S.C. 1395l(a)(1)) is amended—
                                                                                                 (A) in subparagraph (N), by inserting ‘‘and dental and
                                                                                              oral health services (as defined in section 1861(lll))’’ after
                                                                                              ‘‘section 1861(hhh)(1))’’;
                                                                                                 (B) by striking ‘‘and’’ before ‘‘(DD)’’; and
                                                                                                 (C) by inserting before the semicolon at the end the fol-
                                                                                              lowing: ‘‘and (EE) with respect to dental and oral health
                                                                                              services (as defined in section 1861(lll)), the amount paid
                                                                                              shall be the payment amount specified under section
                                                                                              1834(z)’’.
                                                                                           (2) PAYMENT AND LIMITS SPECIFIED.—Section 1834 of the So-
                                                                                        cial Security Act (42 U.S.C. 1395m) is amended by adding at
                                                                                        the end the following new subsection:
                                                                                    ‘‘(z) PAYMENT AND LIMITS FOR DENTAL AND ORAL HEALTH SERV-
                                                                                  ICES.—
                                                                                           ‘‘(1) IN GENERAL.—The payment amount under this part for
                                                                                        dental and oral health services (as defined in section 1861(lll))
                                                                                        shall be, subject to paragraph (3), the applicable percent (speci-
                                                                                        fied in paragraph (2)) of the lesser of—
                                                                                                 ‘‘(A) the actual charge for the service; or
                                                                                                 ‘‘(B) the amount determined under the payment basis
                                                                                              determined under section 1848 for the service, or, in lieu
                                                                                              of such amount, if determined appropriate by the Sec-
                                                                                              retary, an amount specified by the Secretary for such serv-
                                                                                              ice under a fee schedule determined appropriate by the
                                                                                              Secretary, taking into account fee schedules for such serv-
                                                                                              ices—
                                                                                                       ‘‘(i) under the TRICARE program under chapter 55
                                                                                                    of title 10 of the United States Code;
                                                                                                       ‘‘(ii) under the health insurance program under
                                                                                                    chapter 89 of title 5 of such Code;
                                                                                                       ‘‘(iii) under State plans (or waivers of such plans)
                                                                                                    under title XIX;
                                                                                                       ‘‘(iv) under Medicare Advantage plans under part C;
                                                                                                       ‘‘(v) established by the Secretary of Veterans Affairs;
                                                                                                    and
                                                                                                       ‘‘(vi) established by other health care payers.




rfrederick on DSKBCBPHB2PROD with HEARING
                                                                                           ‘‘(2) APPLICABLE PERCENT.—For purposes of paragraph (1),
                                                                                        the applicable percent specified in this paragraph is, with re-




                                            VerDate Sep 11 2014   03:37 Oct 03, 2021   Jkt 045624   PO 00000   Frm 00127   Fmt 6602   Sfmt 6602   E:\HR\OC\HR130P3.XXX   HR130P3
                                                                                                                                 2114

Full text truncated for size; the complete document is in the PDF above.

File and source

File
CRPT_crpt-117hrpt130_crpt-117hrpt130-pt3.pdf
Size
1,385,980 bytes
SHA-256
88a70f4be54118cbb7a644ac0f6b2bad0a266c391223b2b27ebde5d9e1d371d1
Our copy
CRPT_crpt-117hrpt130_crpt-117hrpt130-pt3.pdf
Original
www.govinfo.gov
Back to top