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.
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- 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/
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–130
BUILD BACK BETTER ACT
R E P O R T
OF THE
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
TO ACCOMPANY
H.R. 5376
together with
MINORITY VIEWS
BOOK 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
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BUILD BACK BETTER ACT
BOOK 3 OF 3
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–130
BUILD BACK BETTER ACT
R E P O R T
OF THE
COMMITTEE ON THE BUDGET
HOUSE OF REPRESENTATIVES
TO ACCOMPANY
H.R. 5376
together with
MINORITY VIEWS
BOOK 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
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U.S. GOVERNMENT PUBLISHING OFFICE
45–624 WASHINGTON : 2021
E:\Seals\Congress.#13
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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
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LEASES.—Paragraph (2) of subsection (a) of section 8104 of title 38,
United States Code, is amended—
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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.
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(2) NOTIFICATION.—The Secretary of Veterans Affairs shall
submit to Congress and the Law Revision Counsel of the
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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.
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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-
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section (a) and ending with the month in which ends the 52nd
week ending during such period.
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‘‘(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)
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that an individual is ‘unable to perform the functions
of the position of such employee’ because of a serious
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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
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family or medical leave benefits under the law of a legacy
State (as defined in section 2209(b)).
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‘‘(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-
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ings to the extent that such earnings exceed the amount
established for purposes of subparagraph (C) but do not
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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.
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‘‘(c) CREDITING OF CAREGIVING HOURS TO A WEEK.—The number
of caregiving hours of an individual credited to a week as deter-
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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));
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‘‘(3) an attestation from the individual that notice of the indi-
vidual’s need to be absent from work during such caregiving
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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
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period that ends before such date.
‘‘(d) DETERMINATIONS AND NOTICE REQUIREMENTS.—
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‘‘(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
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with the Secretary pursuant to subsection (c), the Sec-
retary shall determine, with respect to an individual for
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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
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employer, or any relevant authority identified under subsection
(b)(2). The Secretary shall promptly notify an individual when-
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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—
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‘‘(A) by delivering a copy thereof to the individual named
therein; or
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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
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ending during such month as determined under sec-
tion 2203(a) may not be decreased below the amount
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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
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adjustment or recovery of such amount is waived under para-
graph (2), or where adjustment under paragraph (1) is not
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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.
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‘‘(II) PREVIOUS OFFENSE.—In the case of the ex-
clusion of a person or entity under subparagraph
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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
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beneficiary under this title or the Secretary to records
maintained by any person or entity in connection with
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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)
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equivalent to the sum of benefits paid (including, in the case
of a grant under section 2209, the full cost of administering
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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.
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‘‘(F) Provide for post-effectuation quality review of ap-
proved claims and quality review of denied claims (which
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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;
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‘‘(2) provide information to potential beneficiaries regarding
eligibility requirements, the claims process, benefit amounts,
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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,
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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
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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
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and medical leave benefits under section 2202 (with-
out regard to section 2202(c)(2)(D)) during any part of
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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
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year that begins on or after the date that is 3 years after
the date of enactment of this title; and
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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)
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multiplied by the number of weeks of leave (up to 12 per
individual) paid by the employer for all individuals under
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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
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the number of employees (pro-rated for part-time
employees) covered under the program for such
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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).
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‘‘(G) ADDITIONAL ASSURANCES.—The employer provides
assurances that the employer (or administering entity)—
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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
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more employee benefit plans, of family and medical leave bene-
fits, which may be guaranteed through an insurer and which
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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
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greater than the average or projected average administrative
costs of providing benefits under section 2202), taking into ac-
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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
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the Secretary determines that a pattern exists with respect to
an employer (or administering entity) in which the employer
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(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;
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‘‘(3) agree that, on return from such qualified leave, the indi-
vidual will—
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‘‘(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
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‘‘(C) under an eligible employer-sponsored plan under
section 2210,
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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.’’.
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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),
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‘‘(ii) includes a qualified cash or deferred arrange-
ment or a salary reduction arrangement, and
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‘‘(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-
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ployer’ shall include all employers treated as a single em-
ployer under subsection (b), (c), (m), or (o) of section 414.
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‘‘(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.—
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‘‘(i) DEFAULT INVESTMENTS.—A plan or arrangement
shall be treated as meeting the requirements of this
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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.—
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‘‘(A) IN GENERAL.—For purposes of this paragraph, the
term ‘automatic IRA arrangement’ means, with respect to
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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—
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‘‘(i) aggregate payroll deduction contributions by or
on behalf of an individual to individual retirement ac-
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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
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of this subparagraph, including establishment of pro-
cedures to assist employers in connecting with cer-
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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)).’’.
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(2) OTHER RULES APPLICABLE TO AUTOMATIC IRA ARRANGE-
MENTS.—
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(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
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approving nonbank individual retirement account
trustees, and
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(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,
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the term ‘noncompliance period’ means, with respect to any
failure, the period—
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‘‘(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
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(a) to the extent that the payment of such tax would be exces-
sive relative to the failure involved.
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‘‘(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
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this paragraph, the term ‘deferral-only arrangement’
means any cash or deferred arrangement which meets—
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‘‘(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
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employee for any calendar year shall not exceed
the amount in effect for the taxable year under
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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:
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‘‘(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.’’.
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(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2021.
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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
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be 1⁄2 of the amounts applicable under subparagraph
(A) (as so adjusted).
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‘‘(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—
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‘‘(i) such taxable year,
‘‘(ii) the 2 preceding taxable years, and
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‘‘(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.
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‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any con-
tribution under subsection (a)(2)—
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‘‘(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
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subsections (a)(1) and (b)(3)(A)(i) shall be increased by an
amount equal to—
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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
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from a credit provision referred to in subsection (b)(2) of such
section.
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(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-
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holder engagement process to make recommendations about
the development and implementation of the State Child Care
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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
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exchange standards to govern Federal reporting and
exchange requirements under applicable Federal law.
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‘‘(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
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staff of the child care provider, and such other infor-
mation as the Secretary may require to help parents
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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-
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ance with the formula referred to in section 418(a)(2)(B),
and to the territories according to relative need.
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‘‘(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
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PARTICIPATE IN THE STATE CHILD CARE INFORMATION
NETWORK.—Expenditures for child care providers, lead
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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
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Provider Certification who has qualified for the certifi-
cation for an entire calendar quarter, provide the provider
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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.
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‘‘(5) PUBLICATION OF AMOUNT OF ELIGIBLE EXPENDITURES OF
EACH STATE.—Before issuing grant awards for fiscal year 2023
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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-
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ban, or rural areas as determined by the State;
‘‘(iii) show evidence of collaboration with—
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‘‘(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
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project involving a privately-owned family child care home
or tribal land.
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‘‘(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-
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marily serving low-income populations and children
who have not attained 13 years of age.
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‘‘(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.
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‘‘(b) APPROPRIATION.—Out of any funds in the Treasury not oth-
erwise appropriated, there is appropriated $15,000,000,000 for fis-
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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
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business support needs such as budgeting and fiscal man-
agement skills, business planning, understanding the cost
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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-
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ticipating Child Care Provider Certification provided for in sec-
tion 418A(c).
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‘‘(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
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Health and Human Services $10,000,000, to remain available
through September 30, 2022, to carry out this paragraph.
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(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
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field engagement organizations to support grant recipients
in meeting quarterly reporting requirements.
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‘‘(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
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was so qualified throughout the year with respect to which re-
imbursement is sought.
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‘‘(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;
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‘‘(B) who provides child care services as a primary func-
tion of employment; and
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‘‘(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
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which the entity has applied for a child care wage grant
under this section; and
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‘‘(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
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chapter 2, 3, 4, or 6 of title II of the Trade Act of 1974 on or
after such date of enactment.
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(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
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(2) in subsection (c)—
(A) by striking paragraph (1); and
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(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
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necessary actions, including the following:
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‘‘(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
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labor organization.’’.
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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-
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tion of the Secretary, either of the following average rates equals
or exceeds 5.5 percent:
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‘‘(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;
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(ii) in subparagraph (H)(ii), by striking the period at
the end and inserting ‘‘, and’’; and
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(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.’’.
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(b) RELOCATION ALLOWANCES.—Section 238 of the Trade Act of
1974 (19 U.S.C. 2298) is amended—
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(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
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to a worker under subsection (a) shall not exceed $2,000 per minor
dependent per year.
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‘‘(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-
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ment in jobs that provide a living wage and that increase
economic security;
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‘‘(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-
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vided to carry out this chapter are insufficient to make such
services available, make arrangements to make such services
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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-
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lished by the Bureau of Labor Statistics of the Department
of Labor.’’.
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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
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1974 (19 U.S.C. 2319), as amended by section 133113(a), is further
amended by adding at the end the following:
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‘‘(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
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most recent 12-month period for which data are available
have decreased or failed to increase compared to—
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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-
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eration to’’ and inserting ‘‘is in’’;
(3) by redesignating subsection (c) as subsection (d); and
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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
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sustained outreach to firms that may be eligible for adjustment as-
sistance under this chapter.
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‘‘(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
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activities, or a consortium of political subdivisions;
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‘‘(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
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which one or more such certifications were made on or
after January 1, 1994, and before the date of the en-
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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.—
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‘‘(A) IN GENERAL.—In the case of a grant for a construc-
tion project under this section, if the Secretary determines,
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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-
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ments of subsection (d).
‘‘(b) CONSULTATION.—
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‘‘(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-
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justment to the impact of trade after the completion of such
projects.
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‘‘(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.—
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‘‘(A) IN GENERAL.—Subject to subparagraph (B), for the
purposes of this chapter, the Secretary may accept trans-
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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
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Act of 1974 is amended by striking the items relating to chapter
4 of title II and inserting the following:
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‘‘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.—
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‘‘(1) IN GENERAL.—An eligible entity shall use a grant award-
ed under this section to establish and scale career training pro-
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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:
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‘‘(7) UNDERSERVED COMMUNITY.—The term ‘underserved
community’ has the meaning given that term in section 247.’’.
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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
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each dollar amount limitation described in this section on the
date that is 30 days after the date of the enactment of this
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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’’.
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(3) TRADE ADJUSTMENT ASSISTANCE FOR FARMERS.—Section
298 of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended—
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(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
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otherwise appropriated, $1,300,000,000, to remain avail-
able until expended, to carry out subchapter B of chapter
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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.
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(b) WORKERS NOT CERTIFIED PURSUANT TO CERTAIN PETITIONS
FILED BEFORE DATE OF ENACTMENT.—
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(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
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OF 2009.—Section 1891 of the Trade and Globalization Adjust-
ment Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.
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(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.
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(B) FIRM DESCRIBED.—A firm described in this subpara-
graph is a firm that the Secretary determines would have
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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-
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mental, apprenticeship, educational, or charitable institutions.
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‘‘(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
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care and transportation support services will be guaranteed
and, if the applicant will provide a cash stipend or wage sup-
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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-
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tor partnerships, labor unions, and labor-management
partnerships;
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‘‘(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
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number of applications submitted by the entities that meet
the requirements applicable with respect to such a grant.
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‘‘(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-
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proved application for the grant.
‘‘(2) SUPPORT TO BE PROVIDED.—
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‘‘(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
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of addressing arrest or conviction records and associ-
ated workforce barriers.
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‘‘(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-
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ment.
‘‘(e) TECHNICAL ASSISTANCE.—
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‘‘(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
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coverage, that are responsive to the needs of the birth, preg-
nancy, and post-partum workforce.
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‘‘(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-
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vation and Opportunity Act.
‘‘(3) DOULA.—The term ‘doula’ means an individual who—
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‘‘(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).
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‘‘(7) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian
tribe’ and ‘tribal organization’ have the meaning given the
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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-
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erwise appropriated, there is appropriated to the Secretary for each
of fiscal years 2022 through 2025—
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‘‘(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
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transportation is unavailable or impractical based on work
hours or location.
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‘‘(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
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‘‘(vi) is receiving training to be certified or licensed as
such an aide, nurse, or social worker; and
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‘‘(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
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‘‘(B) $8,000,000 for grants to Indian tribes and tribal or-
ganizations under this subsection.’’; and
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(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)—
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(I) by inserting ‘‘or Indian tribe or tribal organi-
zation’’ after ‘‘Each State’’; and
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(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
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and support of medical-legal partnerships, the incorpora-
tion of the partnerships in the elder justice framework and
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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
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SOCIAL ISOLATION AMONG VULNERABLE OLDER ADULTS AND PEOPLE
WITH DISABILITIES.—
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‘‘(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,
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through physical, behavioral, social–cognitive, and emotional
channels.
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‘‘(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-
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poses’’; and
(ii) by adding at the end the following new clause:
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‘‘(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—
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‘‘(A) conducting reviews and identifying plans under
paragraph (2); and
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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
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study and submit to Congress a report on the appropriate-
ness of establishing minimum staff to resident ratios for
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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-
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graph (B), the Secretary shall, out of funds appro-
priated under subparagraph (A) and consistent with
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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
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restorations, basic periodontal services, tooth extractions,
and oral disease management services); and
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‘‘(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.
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‘‘(2) APPLICABLE PERCENT.—For purposes of paragraph (1),
the applicable percent specified in this paragraph is, with re-
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