[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5376 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 94
117th CONGRESS
  1st Session
                                H. R. 5376

                          [Report No. 117-130]

 To provide for reconciliation pursuant to title II of S. Con. Res. 14.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2021

 Mr. Yarmuth, from the Committee on the Budget, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
 To provide for reconciliation pursuant to title II of S. Con. Res. 14.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                          TITLE I--AGRICULTURE

                     Subtitle A--General Provisions

SECTION 10001. DEFINITIONS.

    In this title:
            (1) The term ``insular area'' has the meaning given such 
        term in section 1404 of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
            (2) The term ``Secretary'' means the Secretary of 
        Agriculture.

                          Subtitle B--Forestry

SEC. 11001. NATIONAL FOREST SYSTEM RESTORATION AND FUELS REDUCTION 
              PROJECTS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there are appropriated to the Secretary for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, to remain 
available until September 30, 2031--
            (1) $10,000,000,000 for hazardous fuels reduction projects 
        within the wildland-urban interface;
            (2) $4,000,000,000 for, on a determination by the Secretary 
        that hazardous fuels within the wildland-urban interface have 
        been effectively treated to prevent the spread of wildfire to 
        at-risk communities, hazardous fuels reduction projects outside 
        the wildland-urban interface that are--
                    (A) noncommercial in nature, except on a 
                determination by the Secretary, in accordance with the 
                best available science, that the harvest of 
                merchantable materials is ecologically necessary for 
                restoration and to enhance ecological integrity, 
                subject to the requirement that the sale of 
                merchantable materials shall be limited to small 
                diameter trees or biomass that are a byproduct of 
                projects under this paragraph;
                    (B) collaboratively developed; and
                    (C) carried out in a manner that--
                            (i) enhances the ecological integrity and 
                        achieves the restoration of a forest ecosystem;
                            (ii) maximizes the retention of old-growth 
                        and large trees, as appropriate for the forest 
                        type; and
                            (iii) focuses on prescribed fire as the 
                        primary means to achieve modified wildland fire 
                        behavior, as measured by the projected 
                        reduction of uncharacteristically severe 
                        wildfire effects for the forest type;
            (3) $1,000,000,000 for vegetation management projects 
        carried out solely on National Forest System land that the 
        Secretary shall select following the receipt of proposals 
        submitted in accordance with subsections (a), (b), and (c) of 
        section 4003 of the Omnibus Public Land Management Act of 2009 
        (16 U.S.C. 7303);
            (4) $500,000,000 for vegetation management projects carried 
        out in accordance with--
                    (A) a water source management plan; or
                    (B) a watershed protection and restoration action 
                plan;
            (5) $500,000,000 for vegetation management projects that--
                    (A) maintain, or contribute toward the restoration 
                of, old growth characteristics, including structure, 
                composition, function, and connectivity, according to 
                the reference old growth conditions characteristic of 
                the forest type, taking into account--
                            (i) the contribution of the project to 
                        landscape fire adaptation and the ecological 
                        integrity of watershed and ecosystem health; 
                        and
                            (ii) the goal of retaining the large trees 
                        contributing to old growth structure;
                    (B) focus primarily on small diameter trees and 
                prescribed fire to modify fire behavior, as measured by 
                the projected reduction of uncharacteristically severe 
                wildfire effects for the forest type; and
                    (C) maximize the retention of large trees, as 
                appropriate for the forest type;
            (6) $450,000,000 for the Legacy Roads and Trails program of 
        the Forest Service;
            (7) $350,000,000 for National Forest System land management 
        planning and monitoring, with a focus on--
                    (A) the assessment of watershed, ecological, and 
                carbon conditions on National Forest System land; and
                    (B) the revision and amendment of older land 
                management plans that present opportunities to protect, 
                maintain, restore, and monitor ecological integrity, 
                ecological conditions for at-risk species, and carbon 
                storage;
            (8) $100,000,000 for maintenance of trails on National 
        Forest System land, with a focus on trails that provide to 
        underserved communities access to National Forest System land;
            (9) $100,000,000 for capital maintenance and improvements 
        on National Forest System land, with a focus on maintenance 
        level 3, 4, and 5 roads and improvements that restore 
        ecological integrity and conditions for at-risk species;
            (10) $100,000,000 to provide for more efficient and more 
        effective environmental reviews by the Chief of the Forest 
        Service in satisfying the obligations of the Chief of the 
        Forest Service under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) through--
                    (A) the hiring and training of additional 
                personnel;
                    (B) the development of programmatic assessments or 
                templates;
                    (C) the procurement of technical or scientific 
                services;
                    (D) the development of data or technology systems;
                    (E) stakeholder and community engagement; and
                    (F) the purchase of new equipment;
            (11) $50,000,000 to develop and carry out activities and 
        tactics for the protection of older and mature forests on 
        National Forest System land, including completing an inventory 
        of older and mature forests within the National Forest System;
            (12) $50,000,000 to develop and carry out activities and 
        tactics for the maintenance and restoration of habitat 
        conditions necessary for the protection and recovery of at-risk 
        species on National Forest System land in implementing Forest 
        Service hazardous fuels reduction and other vegetation 
        management programs and projects based on a science-based 
        analysis carried out by the Secretary;
            (13) $50,000,000 to carry out post-fire recovery plans 
        that--
                    (A) emphasize the use of locally adapted native 
                plant materials to restore the ecological integrity of 
                disturbed areas; and
                    (B) do not include salvage logging;
            (14) $50,000,000 to develop and carry out nonlethal 
        activities and tactics to reduce human-wildlife conflicts on 
        National Forest System land; and
            (15) $2,250,000,000 to be used for staffing, salaries, and 
        other workforce needs to support the development of a Civilian 
        Climate Corps for the purposes of managing National Forest 
        System land, subject to the conditions that--
                    (A) the amounts made available under this paragraph 
                shall be in addition to any amounts required for 
                salaries and expenses needed to carry out projects 
                under this subsection; and
                    (B) members of the Civilian Climate Corps shall be 
                compensated at not less than 200 percent of the annual 
                Federal poverty line.
    (b) Priority for Funding.--The Secretary shall prioritize for 
implementation under this section projects described in paragraphs (1) 
through (5) of subsection (a)--
            (1) for which an environmental assessment or an 
        environmental impact statement required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has 
        been completed;
            (2) that are collaboratively developed; or
            (3) that include opportunities to restore sustainable 
        recreation infrastructure or access or accomplish other 
        recreation outcomes, if the opportunities are compatible with 
        the primary restoration purposes of the project.
    (c) Limitations.--None of the funds made available by this section 
may be used for any activity--
            (1) conducted in a wilderness area or wilderness study 
        area;
            (2) that includes the construction of a permanent road or 
        permanent trail;
            (3) that includes the construction of a temporary road, 
        except in the case of a temporary road that is decommissioned 
        by the Secretary not later than 3 years after the earlier of--
                    (A) the date on which the temporary road is no 
                longer needed; and
                    (B) the date on which the project for which the 
                temporary road was constructed is completed;
            (4) inconsistent with the applicable land management plan;
            (5) inconsistent with the prohibitions of the rule of the 
        Forest Service entitled ``Special Areas; Roadless Area 
        Conservation'' (66 Fed. Reg. 3244 (January 12, 2001)), as 
        modified by subparts C and D of part 294 of title 36, Code of 
        Federal Regulations; or
            (6) carried out on any land that is not National Forest 
        System land, including other forested land on Federal, State, 
        Tribal, or private land.
    (d) Definitions.--In this section:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given the term in section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511).
            (2) Collaboratively developed.--The term ``collaboratively 
        developed'' means, with respect to a project located 
        exclusively on National Forest System land, that the project is 
        developed and implemented through a collaborative process 
        that--
                    (A) includes multiple interested persons 
                representing diverse interests; and
                    (B)(i) is transparent and nonexclusive; or
                    (ii) meets the requirements for a resource advisory 
                committee under subsections (c) through (f) of section 
                205 of the Secure Rural Schools and Community Self-
                Determination Act of 2000 (16 U.S.C. 7125).
            (3) Decommission.--The term ``decommission'' means, with 
        respect to a road--
                    (A) reestablishing native vegetation on the road;
                    (B) restoring any natural drainage, watershed 
                function, or other ecological processes that were 
                disrupted or adversely impacted by the road by removing 
                or hydrologically disconnecting the road prism and 
                reestablishing stable slope contours; and
                    (C) effectively blocking the road to vehicular 
                traffic, where feasible.
            (4) Ecological integrity.--The term ``ecological 
        integrity'' has the meaning given the term in section 219.19 of 
        title 36, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (5) Hazardous fuels reduction project.--The term 
        ``hazardous fuels reduction project'' means an activity, 
        including the use of prescribed fire, to protect structures and 
        communities from wildfire that is carried out on National 
        Forest System land.
            (6) Restoration.--The term ``restoration'' has the meaning 
        given the term in section 219.19 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (7) Vegetation management project.--The term ``vegetation 
        management project'' means an activity carried out on National 
        Forest System land to enhance the ecological integrity and 
        achieve the restoration of a forest ecosystem through--
                    (A) the removal of vegetation;
                    (B) the use of prescribed fire;
                    (C) the restoration of aquatic habitat; or
                    (D) the decommissioning of an unauthorized, 
                temporary, or system road.
            (8) Water source management plan.--The term ``water source 
        management plan'' means a plan developed under section 
        303(d)(1) of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6542(d)(1)).
            (9) Watershed protection and restoration action plan.--The 
        term ``watershed protection and restoration action plan'' means 
        a plan developed under section 304(a)(3) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6543(a)(3)).
            (10) Wildland-urban interface.--The term ``wildland-urban 
        interface''--
                    (A) in the case of the lower 48 States, means the 
                areas mapped as the wildland-urban interface in the 
                document entitled ``The Wildland-Urban Interface of the 
                Conterminous United States'', and published by the 
                Department of Agriculture in 2015; and
                    (B) in the case of the States of Alaska and Hawaii, 
                has the meaning given the term in section 101 of the 
                Healthy Forests Restoration Act of 2003 (16 U.S.C. 
                6511).

SEC. 11002. NON-FEDERAL LAND FOREST RESTORATION AND FUELS REDUCTION 
              PROJECTS AND RESEARCH.

    (a) Appropriations.--In addition to amounts otherwise available, 
there are appropriated to the Secretary for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, to remain 
available until September 30, 2031--
            (1) $9,000,000,000 to award grants to a Tribal, State, or 
        local government, a regional organization, a special district, 
        or a nonprofit organization to support, on non-Federal land, 
        forest restoration and resilience projects, including projects 
        to reduce the risk of wildfires and establish defensible space 
        around structures within at-risk communities;
            (2) $1,000,000,000 to award grants to a Tribal, State, or 
        local government, a regional organization, a special district, 
        or a nonprofit organization to implement community wildfire 
        protection plans (as defined in section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511)), purchase 
        firefighting equipment, provide firefighter training, and 
        increase the capacity for planning, coordinating, and 
        monitoring projects on non-Federal land to protect at-risk 
        communities (as defined in section 101 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511));
            (3) $250,000,000 to award grants to a Tribal, State, or 
        local government, a regional organization, a special district, 
        or a nonprofit organization for projects on non-Federal land to 
        aid in the recovery and rehabilitation of burned areas, 
        including reforestation;
            (4) $250,000,000 to award grants to a Tribal, State, or 
        local government, a regional organization, a special district, 
        or a nonprofit organization for projects on non-Federal land to 
        expand equitable outdoor access and promote tourism on non-
        Federal forested land for members of underserved groups;
            (5) $250,000,000 for the State Fire Assistance and 
        Volunteer Fire Assistance programs established under the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et 
        seq.), to be distributed at the discretion of the Secretary;
            (6) $250,000,000 for the implementation of State-wide 
        forest resource strategies under section 2A of the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2101a);
            (7) $250,000,000 for the competitive grant program under 
        section 13A of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2109a) for providing through that program a cost 
        share to carry out climate mitigation or forest resilience 
        practices in the case of underserved forest landowners, subject 
        to the condition that subsection (h) of that section shall not 
        apply;
            (8) $250,000,000 for the competitive grant program under 
        section 13A of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2109a) for providing through that program grants to 
        support the participation of underserved forest landowners in 
        emerging private markets for climate mitigation or forest 
        resilience, subject to the condition that subsection (h) of 
        that section shall not apply;
            (9) $250,000,000 for the competitive grant program under 
        section 13A of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2109a) for providing through that program grants to 
        support the participation of forest landowners who own less 
        than 2,500 acres of forest land in emerging private markets for 
        climate mitigation or forest resilience, subject to the 
        condition that subsection (h) of that section shall not apply;
            (10) $500,000,000 for the competitive grant program under 
        section 13A of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2109a) to provide grants to states and other 
        eligible entities to provide payments to owners of private 
        forest land for implementation of forestry practices on private 
        forest land, that are determined by the Secretary, based on the 
        best available science, to provide measurable increases in 
        carbon sequestration and storage beyond customary practices on 
        comparable land, subject to the conditions that--
                    (A) those payments shall not preclude landowners 
                from participation in other public and private sector 
                financial incentive programs; and
                    (B) subsection (h) of that section shall not apply;
            (11) $50,000,000 to carry out the healthy forests reserve 
        program established under section 501 of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6571);
            (12) $50,000,000 for the forest inventory and analysis 
        program established under section 3(e) of the Forest and 
        Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 
        1642(e)) for collaborative partnerships with the National 
        Association of University Forest Resources Programs;
            (13) $50,000,000 for the forest inventory and analysis 
        program established under section 3(e) of the Forest and 
        Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 
        1642(e)) for activities and tactics to accelerate and expand 
        existing research efforts to improve forest carbon monitoring 
        technologies to better predict changes in forest carbon due to 
        climate change;
            (14) $100,000,000 for the forest inventory and analysis 
        program established under section 3(e) of the Forest and 
        Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 
        1642(e)) to carry out recommendations from a panel of relevant 
        experts convened by the Secretary that has reviewed and, based 
        on the review, issued recommendations regarding the current 
        priorities and future needs of the forest inventory and 
        analysis program with respect to climate change, forest health, 
        sustainable wood products, and increasing carbon storage in 
        forests;
            (15) $50,000,000 for the forest inventory and analysis 
        program established under section 3(e) of the Forest and 
        Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 
        1642(e)) to provide enhancements to the technology managed and 
        used by the forest inventory and analysis program, including 
        cloud computing and remote sensing for purposes such as small 
        area estimation;
            (16) $1,000,000,000 to provide grants under the wood 
        innovation grant program under section 8643 of the Agriculture 
        Improvement Act of 2018 (7 U.S.C. 7655d), including for the 
        construction of new facilities that advance the purposes of the 
        program, subject to the conditions that--
                    (A) the amount of such a grant shall be not more 
                than $5,000,000;
                    (B) notwithstanding subsection (d) of that section, 
                a recipient of such a grant shall provide funds equal 
                to not less than 50 percent of the amount received 
                under the grant, to be derived from non-Federal 
                sources; and
                    (C) a priority shall be placed on projects that 
                create a financial model for addressing forest 
                restoration needs on public or private forest land;
            (17) $50,000,000 for the research mission area of the 
        Forest Service to accelerate and expand existing research 
        efforts relating to strategies to increase carbon stocks on 
        National Forest System land;
            (18) $50,000,000 for the research mission area of the 
        Forest Service to accelerate and expand existing research 
        efforts relating to the impacts of climate change and weather 
        variability on national forest ecosystems;
            (19) $50,000,000 for the research mission area of the 
        Forest Service to accelerate and expand existing research 
        efforts relating to strategies to ensure that national forest 
        ecosystems, including forests, plants, aquatic ecosystems, and 
        wildlife, are able to adapt to climate change and weather 
        variability;
            (20) $50,000,000 for the research mission area of the 
        Forest Service to assess the quantity of carbon sequestration 
        and storage accomplished by different forest practices when 
        applied in diverse ecological and geographic settings;
            (21) $50,000,000 for the research mission area of the 
        Forest Service to carry out greenhouse gas life cycle analyses 
        of domestic wood products;
            (22) $50,000,000 for the Forest Health Monitoring Program 
        of the Forest Service for activities and tactics to reduce the 
        spread of invasive species on non-Federal forested land; and
            (23) $2,250,000,000 to be used for staffing, salaries, and 
        other workforce needs and expenses to support the development 
        of a Civilian Climate Corps for carrying out projects on non-
        Federal land through the Forest Service State and private 
        forestry mission area and other Department of Agriculture 
        programs, including rural and urban conservation and tree 
        planting projects, subject to the conditions that--
                    (A) the amounts made available under this paragraph 
                shall be in addition to any amounts required for 
                salaries and expenses needed to carry out projects 
                under this subsection; and
                    (B) members of the Civilian Climate Corps shall be 
                compensated at not less than 200 percent of the annual 
                Federal poverty line.
    (b) Submission of Non-Federal Restoration Areas by States.--
            (1) In general.--The Governor of a State may submit to the 
        Secretary, in writing, a request to include with land on which 
        a project is carried out using amounts made available by this 
        section certain non-Federal land in the State.
            (2) Inclusions.--A written request submitted under 
        paragraph (1) may include 1 or more maps or recommendations.
            (3) Authorization.--On approval of a written request 
        submitted under paragraph (1), a project may be carried out 
        using amounts made available by this section on the non-Federal 
        land in the State that is the subject of the request.
    (c) Cost-sharing Requirement.--
            (1) In general.--The grants made available under paragraphs 
        (1) through (5) of subsection (a) shall be subject to a non-
        Federal match requirement of not less than 20 percent of the 
        overall project cost.
            (2) Waiver.--The cost-sharing requirement under paragraph 
        (1) may be waived, at the discretion of the Secretary, for high 
        priority projects that--
                    (A) have the purpose of protecting human life or 
                critical infrastructure; and
                    (B) are located in counties where the average 
                median household income of the population is less than 
                150 percent of the poverty line.

SEC. 11003. STATE AND PRIVATE FORESTRY CONSERVATION PROGRAMS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there are appropriated to the Secretary for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, to remain 
available until September 30, 2031--
            (1) $1,250,000,000 to provide competitive grants to 
        eligible entities through the Forest Legacy Program established 
        under section 7 of the Cooperative Forestry Assistance Act of 
        1978 (16 U.S.C. 2103c) to acquire land and interests in land 
        that--
                    (A) offer significant natural carbon sequestration 
                benefits; or
                    (B) contribute to the resilience of community 
                infrastructure, local economies, or natural systems;
            (2) $3,000,000,000 to provide multi-year, programmatic, 
        competitive grants to a State agency, a local governmental 
        entity, an Indian Tribe, or a nonprofit organization through 
        the Urban and Community Forestry Assistance program established 
        under section 9(c) of the Cooperative Forestry Assistance Act 
        of 1978 (16 U.S.C. 2105(c)) for tree planting and related 
        activities to increase community tree canopy and associated 
        societal and climate co-benefits, with a priority for projects 
        that increase tree equity; and
            (3) $100,000,000 for the acquisition of urban and community 
        forests through the Community Forest and Open Space Program of 
        the Forest Service.
    (b) Priority.--In providing grants under this section, the 
Secretary shall--
            (1) with respect to grants under subsection (a)(2), give 
        priority to projects that are located in--
                    (A) a census block group in which 30 percent or 
                more of the population lives below the poverty line; 
                and
                    (B) a neighborhood with lower tree canopy and 
                higher maximum daytime summer temperatures compared to 
                surrounding neighborhoods, as determined by the 
                Secretary, based on publicly available information;
            (2) with respect to grants under paragraphs (1) and (2) of 
        subsection (a), give priority to grant applications from 
        underserved populations; and
            (3) set aside not less than 10 percent of the amounts made 
        available under each of paragraphs (1) and (2) of subsection 
        (a) to provide grants under each of those paragraphs to 
        individuals who are members of underserved populations.

SEC. 11004. LIMITATION.

    The funds made available under this subtitle are subject to the 
condition that the Secretary shall not--
            (1) enter into any agreement--
                    (A) that is for a term extending beyond September 
                30, 2031; and
                    (B) under which any payment could be outlaid or 
                funds disbursed after September 30, 2031; and
            (2) use any other funds available to the Secretary to 
        satisfy obligations initially made under this subtitle.

                Subtitle C--Rural Development and Energy

SEC. 12001. ADDITIONAL SUPPORT FOR THE USDA BUSINESS AND INDUSTRY LOAN 
              PROGRAM.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, and notwithstanding sections 381E through 
381H and 381N of the Consolidated Farm and Rural Development Act (7 
U.S.C. 2009d through 2009g and 2009m), $40,000,000, to remain available 
until September 30, 2031, for the cost of direct loans and loan 
guarantees for the rural business development programs authorized under 
section 310B of the Consolidated Farm and Rural Development Act and 
described in subsections (a) and (g) of section 310B of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a) and (g)).

SEC. 12002. ADDITIONAL SUPPORT FOR USDA RURAL WATER PROGRAMS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, and notwithstanding sections 381E through 
381H and 381N of the Consolidated Farm and Rural Development Act (7 
U.S.C. 2009d through 2009g and 2009m), $430,000,000, to remain 
available until September 30, 2031, for the cost of grants for rural 
water and waste water programs authorized by sections 306, 306C, and 
306D and described in sections 306C(a)(2) and 306D of the Consolidated 
Farm and Rural Development Act in--
            (1) persistent poverty counties or, notwithstanding any 
        population limits specified in the Consolidated Farm and Rural 
        Development Act, a county seat of a persistent poverty county 
        with a population that does not exceed the authorized 
        population limit by more than 10 percent; and
            (2) insular areas.

SEC. 12003. SUBSIDY FOR CERTAIN USDA RURAL DEVELOPMENT LOAN PAYMENTS.

    (a) Appropriation.--In addition to the amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $390,000,000, to 
remain available until September 30, 2031, to carry out this section.
    (b) Use of Funds.--
            (1) Payment.--The Secretary shall make a payment to the 
        lender on a covered loan equal to half of the total of the 
        installment amounts owed by the borrower on the loan for 1 
        year, if the borrower has the opportunity to opt out of the 
        payment.
            (2) Additional payments.--To the extent that amounts made 
        available by subsection (a) remain after making the payments 
        under paragraph (1), the Secretary shall make additional loan 
        payments on a covered loan.
    (c) Terms and Conditions.--
            (1) Waiver.--The Secretary shall waive statutory limits on 
        maximum loan maturities for any covered loan durations, 
        including those where the lender provides a deferral and 
        extends the maturity of a covered loan during the 1-year period 
        beginning with the date of enactment of this Act.
            (2) Extension.--The Secretary shall, when necessary to 
        provide more time because of the potential of higher volumes, 
        travel restrictions, and the inability to access some 
        properties during the COVID-19 pandemic, extend lender site 
        visit requirements to--
                    (A) not more than 60 days (which may be extended at 
                the discretion of the Secretary) after the occurrence 
                of an adverse event, other than a payment default, that 
                causes a loan to be classified as in liquidation; and
                    (B) not more than 90 days after a payment default.
    (d) Definition.--In this section, the term ``covered loan'' means--
            (1) a business and industry loan made or guaranteed before 
        January 1, 2021, under subsection (a) or (g) of section 310B of 
        the Consolidated Farm and Rural Development Act (7 U.S.C. 
        1932(a) or (g));
            (2) a loan that is made by an intermediary lender before 
        January 1, 2021, to an ultimate recipient using a loan received 
        under section 1323 of the Food Security Act of 1985 (7 U.S.C. 
        1932 note; Public Law 99-198) or section 310H of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1936b); 
        and
            (3) a loan that is made by a microenterprise development 
        organization before January 1, 2021, to a microentrepreneur 
        under section 379E of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 2008s).

SEC. 12004. RURAL ENERGY SAVINGS PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $200,000,000, to 
remain available until September 30, 2031, to carry out this section.
    (b) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, at the election of an eligible entity to which 
        a loan is made under section 6407(c) of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8107a(c)), the Secretary 
        shall make a grant to the eligible entity in an amount equal to 
        not more than 5 percent of the loan amount for the purposes of 
        costs incurred in--
                    (A) applying for a loan received under section 
                6407(c) of such Act;
                    (B) making a loan under section 6407(d) of such 
                Act;
                    (C) making repairs to the property of a qualified 
                consumer that facilitate the energy efficiency measures 
                for the property financed through a loan under section 
                6407(d) of such Act;
                    (D) entering into a contract under section 6407(e) 
                of such Act; or
                    (E) carrying out the duties of an eligible entity 
                under section 6407 of such Act.
            (2) Persistent poverty counties.--In the case that the 
        grant is for the purpose of making a loan under section 6407(d) 
        of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
        8107a(d)) to a qualified consumer in a persistent poverty 
        county (as determined by the Secretary), the percentage 
        limitation in paragraph (1) of this subsection shall be 10 
        percent.
    (c) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' has the 
        meaning given the term in section 6407(b) of the Farm Security 
        and Rural Investment Act of 2002 (7 U.S.C. 8107a(b)).
            (2) Qualified consumer.--The term ``qualified consumer'' 
        has the meaning given the term in section 6407(b) of the Farm 
        Security and Rural Investment Act of 2002 (7 U.S.C. 8107a(b)).

SEC. 12005. RURAL ENERGY FOR AMERICA PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary, out of any money in the 
Treasury not otherwise appropriated, for eligible projects under the 
Rural Energy for America Program established under section 9007 of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107)--
            (1) $811,750,000 for fiscal year 2022, to remain available 
        until September 30, 2031, and for which there may be no outlays 
        after September 30, 2031; and
            (2) $272,000,000 for each of fiscal years 2023 through 
        2027, to remain available until September 30, 2031, and for 
        which there may be no outlays after September 30, 2031.
    (b) Underutilized Renewable Energy Technologies.--In addition to 
amounts otherwise available, there is appropriated to the Secretary, 
out of any money in the Treasury not otherwise appropriated, to provide 
grants and other financial assistance under the program described in 
subsection (a) relating to underutilized renewable energy technologies, 
and to provide technical assistance for applying to such program, as 
determined by the Secretary, and to the extent the following amounts 
remain available at the end of each fiscal year, the Secretary shall 
use such amounts in accordance with subsection (a)--
            (1) $143,250,000 for fiscal year 2022, to remain available 
        until September 30, 2031, and for which there may be no outlays 
        after September 30, 2031; and
            (2) $48,000,000 for each of fiscal years 2023 through 2027, 
        to remain available until September 30, 2031, and for which 
        there may be no outlays after September 30, 2031.
    (c) Non-federal Share.--Notwithstanding section 9007(c)(3)(A) of 
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8107(c)(3)(A)), the amount of a grant provided using amounts made 
available by this section shall not exceed 50 percent of the cost of 
the activity carried out using the grant funds.

SEC. 12006. BIOFUEL INFRASTRUCTURE AND AGRICULTURE PRODUCT MARKET 
              EXPANSION.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $960,000,000, to 
remain available until September 30, 2031, to carry out this section.
    (b) Use of Funds.--The Secretary shall use the amounts made 
available by subsection (a) to provide grants, on a competitive basis, 
to eligible entities described in subsection (c)--
            (1) to install, retrofit, or otherwise upgrade fuel 
        dispensers or pumps and related equipment, storage tank system 
        components, and other infrastructure required at a location to 
        ensure the environmentally safe availability of fuel containing 
        ethanol blends at levels greater than 10 percent (as determined 
        by the Secretary) or fuel containing biodiesel blends at levels 
        greater than 20 percent (as determined by the Secretary); and
            (2) to build and retrofit distribution systems for ethanol 
        blends, traditional and pipeline biodiesel terminal operations 
        (including rail lines), and home heating oil distribution 
        centers or equivalent entities--
                    (A) to blend biodiesel; and
                    (B) to carry ethanol and biodiesel.
    (c) Eligible Entities.--Entities eligible to receive a grant under 
this section are transportation fueling facilities and distribution 
facilities, including fueling stations, convenience stores, hypermarket 
retailer fueling stations, fleet facilities, as well as fuel terminal 
operations, midstream partners, and heating oil distribution facilities 
or equivalent entities.
    (d) Federal Share.--The Federal share of the total cost of carrying 
out a project for which a grant is provided under this section shall be 
not more than 75 percent.
    (e) Limitation.--The Secretary may not limit the amount of funding 
an eligible entity may receive under this section.

SEC. 12007. CLEAN ENERGY REPOWERING FOR RURAL UTILITIES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $9,700,000,000, to 
remain available until September 30, 2031, to provide to an eligible 
entity assistance under paragraphs (1) and (2) by prioritizing such 
assistance to eligible entities that will achieve the greatest 
reduction in greenhouse gas emissions using such assistance and that 
will otherwise aid disadvantaged communities (as determined by the 
Secretary) when--
            (1) making grants and loans (including the cost of loans 
        and modifications thereof as defined in section 502 of the 
        Congressional Budget Act of 1974) to purchase renewable energy 
        or renewable energy systems (as defined in section 9001(15) and 
        (16) of the Farm Security and Rural Investment Act of 2002 (7 
        U.S.C. 8101(15) and (16))), deploy renewable energy systems, or 
        make energy efficiency improvements after the date of enactment 
        of this Act; and
            (2) making grants for debt relief and other costs 
        associated with terminating, after the date of enactment of 
        this Act or up to one year prior to the date of enactment, the 
        use of--
                    (A) facilities with high greenhouse gas emissions; 
                and
                    (B) related transmission assets.
    (b) Limitation.--No eligible entity may receive an amount equal to 
more than 10 percent of the total amount made available by this 
section.
    (c) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
            (1) an electric cooperative described in section 501(c)(12) 
        or 1381(a)(2) of the Internal Revenue Code of 1986; and
            (2) an entity primarily owned or controlled by 1 or more 
        entities described in paragraph (1).

SEC. 12008. RURAL PARTNERSHIP PROGRAM.

    (a) Rural Prosperity Development Grants.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for fiscal 
        year 2022, out of any money in the Treasury not otherwise 
        appropriated, $3,500,000,000, to remain available until 
        September 30, 2031, to carry out this subsection to provide 
        grants to support rural development under this subsection.
            (2) Allocation of funds.--
                    (A) Formula.--The Secretary shall establish a 
                formula pursuant to which the Secretary shall allocate, 
                for each State and for Indian Tribes, an amount to be 
                provided under this subsection to eligible applicants 
                described in paragraph (3).
                    (B) Requirements.--
                            (i) Formula.--The formula established under 
                        subparagraph (A) shall include a graduated 
                        scale for the amount to be allocated under this 
                        subsection for eligible applicants in each 
                        State and eligible applicants of Indian Tribes, 
                        with higher amounts provided based on lower 
                        populations and lower income levels, as 
                        determined by the Secretary.
                            (ii) Priority.--In awarding grants under 
                        this subsection to eligible applicants in each 
                        State and eligible applicants of Indian Tribes, 
                        the Secretary shall give priority to eligible 
                        applicants representing a micropolitan 
                        statistical area (as defined by the Office of 
                        Management and Budget) and 1 or more rural 
                        areas contiguous to that micropolitan 
                        statistical area.
            (3) Eligible applicants.--The Secretary may make a grant 
        under this subsection to a partnership no member of which has 
        received a grant under subsection (b) and that--
                    (A) is composed of--
                            (i) entities representing a region composed 
                        of 1 or more rural areas, including--
                                    (I) except as provided in 
                                subparagraph (B), 1 or more of--
                                            (aa) a unit of local 
                                        government;
                                            (bb) a Tribal government; 
                                        or
                                            (cc) an authority, agency, 
                                        or instrumentality of an entity 
                                        described in item (aa) or (bb); 
                                        and
                                    (II) a nonprofit or for-profit 
                                organization, including a public 
                                benefit corporation, an economic 
                                development organization, a community 
                                or labor organization, an institution 
                                of higher education, a community 
                                development financial institution, a 
                                philanthropic organization, an 
                                instrumentality of a State agency 
                                relevant to community and rural 
                                development, a cooperative extension, 
                                an institution in the Farm Credit 
                                System, and a local food policy 
                                council; and
                            (ii) such other entities as the Secretary 
                        or the partnership may determine to be 
                        appropriate;
                    (B) does not include a member described in 
                subparagraph (A)(i)(I), but demonstrates significant 
                community support sufficient to support a likelihood of 
                success on the proposed projects, as determined by the 
                Secretary; and
                    (C) demonstrates, as determined by the Secretary, 
                cooperation among the members of the partnership 
                necessary to complete comprehensive, asset-based rural 
                development to align Federal, State, regional, and 
                Tribal investment, while leveraging nongovernmental 
                resources, to build economic resilience and aid 
                economic recovery, including in communities impacted by 
                economic transitions and climate change.
            (4) Eligible activities.--The use of grant funds provided 
        under this subsection may be used for the following purposes, 
        provided that, where applicable, the performance of any 
        construction work completed with the grant funds shall meet the 
        condition described section 9003(f) of the Farm Security and 
        Rural Investment Act of 2002 (7 U.S.C. 8103(f)):
                    (A) Conducting comprehensive rural development and 
                pre-development activities and planning.
                    (B) Supporting organizational operating expenses 
                relating to the rural development activities for which 
                the grant was provided.
                    (C) Implementing planned rural development 
                activities and projects.
            (5) Terms and conditions.--
                    (A) In general.--The recipient of a grant under 
                this subsection may not receive an additional grant 
                under this subsection or funding to implement 
                activities pursuant to a rural development plan unless 
                the recipient provides to the Secretary an annual plan 
                and report, which the Secretary has approved, on the 
                use of each grant provided to the recipient under this 
                subsection.
                    (B) Limitation.--Not more than 25 percent of 
                amounts received by a recipient of a grant under this 
                subsection may be used to satisfy a Federal matching 
                requirement of any other program.
            (6) Matching requirement.--
                    (A) In general.--Subject to subparagraph (B), the 
                recipient of a grant under this subsection shall 
                contribute a non-Federal match of 25 percent of the 
                amount of the grant, which may be satisfied through an 
                in-kind contribution.
                    (B) Waiver.--The Secretary may waive any portion of 
                the matching requirement described in subparagraph (A) 
                on a finding that the recipient of the applicable grant 
                is economically distressed.
    (b) Rural Prosperity Innovation Grants.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for fiscal 
        year 2022, out of any money in the Treasury not otherwise 
        appropriated, $370,000,000, to remain available until September 
        30, 2031, to carry out this subsection.
            (2) Eligible applicants.--The Secretary may make a grant 
        under this subsection to an entity that has not received a 
        grant under subsection (a) and that--
                    (A) serves rural areas; and
                    (B) is a qualified nonprofit corporation or an 
                institution of higher education.
            (3) Eligible activities.--A grant provided under this 
        subsection may be used--
                    (A) to support activities of the recipient relating 
                to--
                            (i) development and predevelopment planning 
                        aspects of rural development; and
                            (ii) organizational capacity-building 
                        necessary to support the rural development 
                        activities funded by the grant; and
                    (B) to support the recipient of a grant under 
                subsection (a) in carrying out activities for which 
                that grant was provided.
            (4) Matching requirement.--The recipient of a grant under 
        this subsection shall contribute a non-Federal match of 20 
        percent of the amount of the grant.
    (c) Definitions.--In this section:
            (1) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 343(a)(13)(C) of the Consolidated 
        Farm and Rural Development Act (7 U.S.C. 1991(a)(13)(C)).
            (2) State.--The term ``State'' means--
                    (A) the 50 States of the United States;
                    (B) the District of Columbia; and
                    (C) the insular areas.

SEC. 12009. ADDITIONAL USDA RURAL DEVELOPMENT ADMINISTRATIVE FUNDS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $545,000,000, to remain available until 
September 30, 2031, for administrative costs and salaries and expenses 
for the Rural Development mission area and for research, data 
collection, and other associated costs for section 12008.

               Subtitle D--Research and Urban Agriculture

SEC. 13001. DEPARTMENT OF AGRICULTURE RESEARCH FUNDING.

    (a) Appropriations.--In addition to amounts otherwise available, 
there are appropriated to the Secretary, out of any money in the 
Treasury not otherwise appropriated, to remain available until 
September 30, 2031--
            (1) to the Agricultural Research Service, $250,000,000 for 
        fiscal year 2022, to carry out agricultural research relating 
        to climate change, including through climate hubs, long-term 
        agroecosystem research, nutrient uses and outcomes, soil carbon 
        data collection, and other related agricultural climate 
        science;
            (2) to the Economic Research Service, $45,000,000 for 
        fiscal year 2022, to carry out economic analysis and economic 
        agricultural research relating to climate change;
            (3) to the Office of the Chief Economist, $3,200,000 for 
        each of fiscal years 2022 through 2026, to carry out economic 
        analysis and economic agricultural research relating to climate 
        change and environmental services markets;
            (4) to the National Agricultural Statistics Service--
                    (A) $40,000,000 for fiscal year 2022, to carry out 
                data collection and agricultural research relating to 
                climate change; and
                    (B) $14,000,000 for fiscal year 2022, for 
                measurements, a survey, and data collection to conduct 
                the study required under section 7212(b) of the 
                Agriculture Improvement Act of 2018 (Public Law 115-
                334; 132 Stat. 4812), which shall be completed not 
                later than December 31, 2022;
            (5) to the National Institute of Food and Agriculture--
                    (A) to carry out agricultural education, extension, 
                and research relating to climate change--
                            (i) through the Agriculture and Food 
                        Research Initiative established by subsection 
                        (b) of the Competitive, Special, and Facilities 
                        Research Grant Act (7 U.S.C. 3157(b))--
                                    (I) $25,000,000 for each of fiscal 
                                years 2022 and 2023; and
                                    (II) $150,000,000 for each of 
                                fiscal years 2024 through 2026;
                            (ii) through the sustainable agriculture 
                        research education program established under 
                        sections 1619, 1621, 1622, 1628, and 1629 of 
                        the Food, Agriculture, Conservation, and Trade 
                        Act of 1990 (7 U.S.C. 5801, 5811, 5812, 5831, 
                        5832)--
                                    (I) $25,000,000 for each of fiscal 
                                years 2022 and 2023; and
                                    (II) $150,000,000 for each of 
                                fiscal years 2024 through 2026;
                            (iii) through the crop protection pest 
                        management competitive grant program authorized 
                        under section 406 of the Agricultural Research, 
                        Extension, and Education Reform Act of 1998 (7 
                        U.S.C. 7626), $30,000,000 for fiscal year 2022;
                            (iv) through the Agricultural Genome to 
                        Phenome Initiative established under section 
                        1671 of the Food, Agriculture, Conservation, 
                        and Trade Act of 1990 (7 U.S.C. 5924), 
                        $20,000,000 for fiscal year 2022;
                            (v) through the organic agriculture 
                        research and extension initiative established 
                        under section 1672B of the Food, Agriculture, 
                        Conservation, and Trade Act of 1990 (7 U.S.C. 
                        5925b)--
                                    (I) $15,000,000 for fiscal year 
                                2022;
                                    (II) $5,000,000 for fiscal year 
                                2023; and
                                    (III) $60,000,000 for each of 
                                fiscal years 2024 through 2026;
                            (vi) through the urban, indoor, and other 
                        emerging agricultural production research, 
                        education, and extension initiative established 
                        under section 1672E of the Food, Agriculture, 
                        Conservation, and Trade Act of 1990 (7 U.S.C. 
                        5925g), $65,000,000 for fiscal year 2022;
                            (vii) through the centers of excellence led 
                        by 1890 Institutions established under section 
                        1673(d) of the Food, Agriculture, Conservation, 
                        and Trade Act of 1990 (7 U.S.C. 5926(d)), 
                        $15,000,000 for fiscal year 2022;
                            (viii) through the specialty crop research 
                        and extension initiative established by section 
                        412 of the Agricultural Research, Extension, 
                        and Education Reform Act of 1998 (7 U.S.C. 
                        7632)--
                                    (I) $10,000,000 for each of fiscal 
                                years 2022 and 2023; and
                                    (II) $60,000,000 for each of fiscal 
                                years 2024 through 2026;
                            (ix) through the cooperative extension 
                        under the Smith-Lever Act (7 U.S.C. 341 et 
                        seq.) for technical assistance, technology 
                        adoption, and other extension activities 
                        relating to climate change--
                                    (I) $60,000,000 for each of fiscal 
                                years 2022 and 2023; and
                                    (II) $160,000,000 for each of 
                                fiscal years 2024 through 2026;
                            (x) through the cooperative extension at 
                        1994 Institutions in accordance with section 
                        3(b)(3) of the Smith-Lever Act (7 U.S.C. 
                        343(b)(3)), $8,000,000 for each of fiscal years 
                        2022 through 2026; and
                            (xi) through the cooperative extension at 
                        1890 Institutions under section 1444 of the 
                        National Agricultural Research, Extension, and 
                        Teaching Policy Act of 1977 (7 U.S.C. 3221), 
                        $25,200,000 for each of fiscal years 2022 
                        through 2026;
                    (B) $2,664,500,000 for fiscal year 2022, for grants 
                for construction, alteration, acquisition, 
                modernization, renovation, or remodeling of 
                agricultural research facilities, including related 
                building costs associated with compliance with 
                applicable Federal and State law, under section 4 of 
                the Research Facilities Act (7 U.S.C. 390b), subject to 
                the condition that, notwithstanding section 3(c)(2)(A) 
                of that Act (7 U.S.C. 390a(c)(2)(A)), the recipient of 
                a grant provided using those amounts shall not be 
                required to provide any non-Federal share of total 
                funding provided under this subparagraph;
                    (C) $985,500,000 for fiscal year 2022, for grants 
                to covered institutions for construction, alteration, 
                acquisition, modernization, renovation, or remodeling 
                of agricultural research facilities, including related 
                building costs associated with compliance with 
                applicable Federal and State law, under section 4 of 
                the Research Facilities Act (7 U.S.C. 390b), subject to 
                the condition that notwithstanding section 3(c)(2)(A) 
                of that Act (7 U.S.C. 390a(c)(2)(A)), the recipient of 
                a grant provided using those amounts shall not be 
                required to provide any non-Federal share of total 
                funding provided under this subparagraph;
                    (D) $100,000,000 for fiscal year 2022, for research 
                equipment grants under section 1462A of the National 
                Agricultural Research, Extension, and Teaching Policy 
                Act of 1977 (7 U.S.C. 3310a);
                    (E) for the scholarships for students at 1890 
                Institutions grant program under section 1446 of the 
                National Agricultural Research, Extension, and Teaching 
                Policy Act of 1977 (7 U.S.C. 3222a)--
                            (i) $10,000,000 for each of fiscal years 
                        2022 and 2023;
                            (ii) $50,000,000 for each of fiscal years 
                        2024 and 2025; and
                            (iii) $70,000,000 for fiscal year 2026;
                    (F) $10,000,000 for each of fiscal years 2022 
                through 2026, for grants to land-grant colleges and 
                universities to support Tribal students under section 
                1450 of that Act (7 U.S.C. 3222e) and for purposes of 
                this subparagraph, section 1450(b)(4) of such Act shall 
                not apply; and
                    (G) $10,000,000 for each of fiscal years 2022 
                through 2026, for the Higher Education Multicultural 
                Scholars Program carried out pursuant to section 1417 
                of that Act (7 U.S.C. 3152);
            (6) to the Office of the Chief Scientist, to carry out 
        advanced research and development relating to climate through 
        the Agriculture Advanced Research and Development Authority 
        under section 1473H of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k)--
                    (A) $10,000,000 for each of fiscal years 2022 and 
                2023; and
                    (B) $120,000,000 for each of fiscal years 2024 
                through 2026;
            (7) to the Foundation for Food and Agriculture Research, to 
        carry out activities relating to climate change in accordance 
        with section 7601 of the Agricultural Act of 2014 (7 U.S.C. 
        5939), to be considered as provided pursuant to subsection 
        (g)(1)(A) of that section, and subject to the condition that 
        the Foundation shall not secure funds from any institution of 
        higher education (as defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001)) to fulfill the matching 
        funds requirement under section 7601(g)(1)(B)(i) of the 
        Agricultural Act of 2014 (7 U.S.C. 5939(g)(1)(B)(i))--
                    (A) $45,000,000 for each of fiscal years 2022 and 
                2023; and
                    (B) $150,000,000 for each of fiscal years 2024 
                through 2026;
            (8) for biomass research, $5,000,000 for fiscal year 2022, 
        to carry out agriculture climate research on biomass, including 
        pyrolysis and biochar, and related activities in accordance 
        with section 9008 of the Farm Security and Rural Investment Act 
        of 2002 (7 U.S.C. 8108); and
            (9) to the Office of Urban Agriculture and Innovative 
        Production, $62,000,000 for each of fiscal years 2022 and 2023, 
        to carry out activities in accordance with section 222 of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        6923).
    (b) Covered Institution Defined.--In this section, the term 
``covered institution'' means--
            (1) an 1890 Institution (as defined in section 2 of the 
        Agricultural Research, Extension, and Education Reform Act of 
        1998 (7 U.S.C. 7601));
            (2) a 1994 Institution (as defined in section 532 of the 
        Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 
        301 note; Public Law 103-382));
            (3) an Alaska Native serving institution or Native Hawaiian 
        serving institution eligible to receive grants under 
        subsections (a) and (b), respectively, of section 1419B of the 
        National Agricultural Research, Extension, and Teaching Policy 
        Act of 1977 (7 U.S.C. 3156);
            (4) Hispanic-serving agricultural colleges and universities 
        and Hispanic-serving institutions (as those terms are defined 
        in section 1404 of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
            (5) an eligible institution (as defined in section 1489 of 
        the National Agricultural Research, Extension, and Teaching 
        Policy Act of 1977 (7 U.S.C. 3361) (relating to institutions of 
        higher education in insular areas)); and
            (6) the University of the District of Columbia established 
        pursuant to the Act of July 2, 1862 (commonly known as the 
        ``First Morrill Act'') (7 U.S.C. 301 et seq.).

SEC. 13002. LIMITATION.

    The funds made available under this subtitle are subject to the 
condition that the Secretary shall not--
            (1) enter into any agreement--
                    (A) that is for a term extending beyond September 
                30, 2031; and
                    (B) under which any payment could be outlaid or 
                funds disbursed after September 30, 2031; and
            (2) use any other funds available to the Secretary to 
        satisfy obligations initially made under this subtitle.

                       Subtitle E--Miscellaneous

SEC. 14001. ADDITIONAL SUPPORT FOR USDA OFFICE THE INSPECTOR GENERAL.

    In addition to amounts otherwise made available, there is 
appropriated to the Office of the Inspector General of the Department 
of Agriculture for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $5,000,000 to remain available until 
September 30, 2031, for audits, investigations, and other oversight 
activities of projects and activities carried out with funds made 
available to the Department of Agriculture under this title.

               TITLE II--COMMITTEE ON EDUCATION AND LABOR

                     Subtitle A--Education Matters

               PART 1--ELEMENTARY AND SECONDARY EDUCATION

SEC. 20001. REBUILD AMERICA'S SCHOOLS GRANT PROGRAM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Department of Education--
            (1) for fiscal year 2022, out of any money in the Treasury 
        not otherwise appropriated, $1,270,000,000, to remain available 
        until September 30, 2025, for carrying out this section; and
            (2) for each of fiscal years 2023 through 2024, out of any 
        money in the Treasury not otherwise appropriated, 
        $39,643,650,000, to remain available until September 30, 2026, 
        for carrying out this section.
    (b) Rebuild America's Schools Grants Authorized.--From funds 
provided under paragraphs (1) and (2) of subsection (a), the Secretary 
shall award grants in fiscal years 2022 through 2024 to State 
educational agencies in accordance with subsection (c).
    (c) Rebuild America's Schools Grants.--
            (1) Eligibility.--A State educational agency is eligible 
        for an allocation under this section--
                    (A) with respect to fiscal year 2022, for the 
                purpose of public school facilities inventory efforts 
                in accordance with paragraph (3)(A); and
                    (B) with respect to fiscal years 2023 and 2024, if 
                such State educational agency has had approved by the 
                Secretary a State facilities plan developed under 
                paragraph (3)(A)(ii)(I), for the purpose of improving 
                public school facilities in accordance with paragraph 
                (3)(B).
            (2) Allocations to states.--The amount allocated to each 
        State educational agency under paragraph (1) shall be in the 
        same proportion as the amounts distributed to the State under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311) in the most recent fiscal year, 
        relative to the total amount received under such part by all 
        other States receiving an allocation under this section in such 
        fiscal year.
            (3) State uses of funds.--A State educational agency that 
        receives an allocation under paragraph (1)--
                    (A) with respect to fiscal year 2022, shall use--
                            (i) not less than 80 percent of such 
                        allocation to award subgrants to local 
                        educational agencies (including public charter 
                        schools that are local educational agencies) in 
                        the State, in proportion to the amount of funds 
                        such local educational agencies and charter 
                        schools received under part A of title I of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311) in the most recent fiscal 
                        year, to support each such local educational 
                        agency in--
                                    (I) the development and publication 
                                of a local facilities master plan to 
                                address the health, safety, education 
                                equity, enrollment diversity, 
                                environmental sustainability, and 
                                climate resiliency of the public school 
                                facilities operated by such agency; and
                                    (II) the collection and submission 
                                of data to the State educational agency 
                                to support implementation of the State 
                                school facilities database; and
                            (ii) not more than 20 percent of such 
                        allocation to--
                                    (I) develop a State facilities plan 
                                that details--
                                            (aa) how the State will use 
                                        grant funds received under this 
                                        section and State funds to make 
                                        improvements to public school 
                                        facilities of eligible local 
                                        educational agencies to address 
                                        disparities in both the 
                                        financing and expenditures of 
                                        school facilities capital 
                                        outlay projects and in the 
                                        conditions of public school 
                                        facilities between eligible 
                                        local educational agencies and 
                                        other local educational 
                                        agencies in the State;
                                            (bb) how the State will 
                                        develop a competitive process 
                                        to provide subgrants to 
                                        eligible local educational 
                                        agencies, including the State's 
                                        criteria for subgrant 
                                        eligibility; and
                                            (cc) how the State will, in 
                                        carrying out the competitive 
                                        process for subgrants described 
                                        in item (bb), take into 
                                        consideration the impact that 
                                        such subgrants may have on 
                                        increasing student diversity 
                                        and decreasing racial and 
                                        socioeconomic isolation of 
                                        students attending public 
                                        elementary or secondary schools 
                                        improved by such subgrants;
                                    (II) develop and operate (directly 
                                or through grants or contracts) the 
                                State school facilities database; and
                                    (III) provide technical assistance 
                                to local educational agencies in 
                                carrying out activities described in 
                                clause (i) and supports related to the 
                                requirements of paragraph (4) for 
                                eligible local educational agencies; 
                                and
                    (B) with respect to each of fiscal years 2023 and 
                2024, shall--
                            (i) use not less than 90 percent of such 
                        allocation to award subgrants on a competitive 
                        basis to eligible local educational agencies 
                        with approved applications described in 
                        paragraph (4)(A); and
                            (ii) use not more than 10 percent of such 
                        allocation to--
                                    (I) maintain and update (directly 
                                or through grants or contracts) the 
                                State school facilities database;
                                    (II) provide technical assistance 
                                to eligible local educational agencies 
                                in the State in carrying out school 
                                facilities capital outlay projects, 
                                including technical assistance 
                                regarding capital construction, energy 
                                efficiency, and climate resiliency;
                                    (III) develop and implement State-
                                level strategies for safe, healthy, 
                                energy efficient, and environmentally 
                                resilient public school facilities that 
                                address--
                                            (aa) indoor air quality;
                                            (bb) water quality;
                                            (cc) energy and water 
                                        efficiency;
                                            (dd) renewable energy and 
                                        decarbonization;
                                            (ee) exposure to toxic 
                                        substances, including mercury, 
                                        radon, polychlorinated 
                                        biphenyls, lead, vapor 
                                        intrusions, and asbestos;
                                            (ff) climate resiliency;
                                            (gg) emergency preparedness 
                                        for natural or man-made 
                                        disasters or emergencies; and
                                            (hh) structural hazards 
                                        created by pyrrhotite, as 
                                        determined by an engineer's 
                                        report and pyrrhotite testing;
                                    (IV) provide professional 
                                development opportunities for State and 
                                local staff involved in maintenance and 
                                operations and school facilities 
                                capital outlay projects; and
                                    (V) administer and monitor the 
                                implementation of subgrants provided 
                                under clause (i).
            (4) Rebuild america's schools subgrants to eligible local 
        educational agencies.--
                    (A) Application.--The State educational agency 
                shall require an eligible local educational agency 
                desiring a subgrant under paragraph (3)(B)(i) to submit 
                an application to the State educational agency that, at 
                a minimum, includes--
                            (i) a certification that the eligible local 
                        educational agency shall use subgrant funds for 
                        school facilities capital outlay projects that 
                        prioritize the improvement of the public school 
                        facilities of such agency that serve the 
                        highest numbers or percentages of students who 
                        are eligible for a free or reduced price lunch 
                        under the Richard B. Russell National School 
                        Lunch Act (42 U.S.C. 1751), under a method 
                        established by the Secretary; and
                            (ii) such agency's facilities master plan.
                    (B) Rebuild america's schools subgrant use of 
                funds.--An eligible local educational agency that 
                receives a subgrant under paragraph (3)(B)(i) shall use 
                such funds to carry out school facilities capital 
                outlay projects, including 1 or more of the following:
                            (i) Assessing, planning, designing, 
                        constructing, modernizing, retrofitting, or 
                        decarbonizing public school facilities.
                            (ii) Carrying out major repairs of public 
                        school facilities, including repairs to extend 
                        the life of facilities systems and components 
                        by not less than 10 years.
                            (iii) Upgrading or replacing major 
                        facilities systems, components, furniture, 
                        fixtures, and equipment with a life of not less 
                        than 10 years.
                            (iv) Constructing new public school 
                        facilities, including when student enrollment 
                        exceeds the physical and instructional capacity 
                        of public school facilities.
                            (v) Purchasing and preparing sites on which 
                        public school facilities will be constructed.
                            (vi) Improving energy and water efficiency 
                        in public school facilities, including 
                        improvements related to clean energy.
                            (vii) Reducing or eliminating the presence 
                        of health and safety hazards in public school 
                        facilities, including--
                                    (I) toxic substances, including 
                                mercury, radon, polychlorinated 
                                biphenyls, lead, and asbestos;
                                    (II) mold or mildew;
                                    (III) rodents and pests; and
                                    (IV) structural hazards created by 
                                pyrrhotite.
                            (viii) Improving instructional or outdoor 
                        public school facilities relating to early 
                        learning, special education, science, 
                        technology, career and technical education, 
                        physical education, the arts, literacy 
                        (including library programs), or community-
                        based partnerships.
                            (ix) Improving the public school facilities 
                        of magnet schools, or other instructional 
                        programs, designed to increase student 
                        diversity and decrease racial or socioeconomic 
                        isolation.
                            (x) Supporting independent commissioning 
                        and certification of public school facilities, 
                        public school facility systems, and school 
                        facilities capital outlay projects.
    (d) Conditions.--
            (1) State matching requirement.--
                    (A) In general.--As a condition of receiving an 
                allocation under subsection (c)(1)(B), a State shall 
                contribute, from non-Federal sources, an amount equal 
                to 10 percent of the amount of the allocation received 
                under such subsection to carry out activities supported 
                by such allocation.
                    (B) Exemption.--States that contributed an average 
                of 10 percent or greater toward total local educational 
                agency capital outlay from non-Federal funds, within 
                the most recent 5-year fiscal period, are exempt from 
                the State matching requirement under subparagraph (A).
            (2) State maintenance of effort.--
                    (A) In general.--The State shall provide an 
                assurance to the Secretary that for each fiscal year 
                that the State receives an allocation under this 
                section, the State's share of school facilities capital 
                outlay will be not less than 90 percent of the average 
                of the State's share of school facilities capital 
                outlay for the 5 years preceding the 2020 fiscal year.
                    (B) Waiver.--Notwithstanding subparagraph (A), in 
                response to a request from a State, the Secretary may 
                modify or waive, in whole or in part, the requirement 
                of subparagraph (A) if the Secretary determines that 
                such State demonstrates an exceptional or 
                uncontrollable circumstance, such as a natural 
                disaster, pandemic, or precipitous decline in revenue.
            (3) Supplement not supplant.--As a condition of receiving 
        an allocation under subsection (c)(1)(B), a State shall use 
        funds received under this section only to supplement the level 
        of State and local public funds that would, in the absence of 
        the receipt of Federal funds under this section, be made 
        available for the State's contribution to school facilities 
        capital outlays, and not to supplant those other funds.
    (e) Definitions.--
            (1) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', ``secondary school'', and ``State 
        educational agency'' have the meanings given the terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).
            (2) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        (including a public charter school that is a local educational 
        agency under State law) in a State that--
                    (A) is identified by the State based on the 
                criteria established under the State facilities plan as 
                among the local educational agencies in such State 
                with--
                            (i) the highest numbers or percentages of 
                        students counted under section 1124(c) of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6333(c)); or
                            (ii) the most limited capacity to raise 
                        funds for the long-term improvement of public 
                        school facilities, as determined by an 
                        assessment of factors determined by the 
                        Secretary;
                    (B) certifies that any funds received under this 
                section shall be used to prioritize the improvement of 
                public school facilities of public elementary or 
                secondary schools that serve the highest percentages of 
                students who are eligible for a free or reduced price 
                lunch under the Richard B. Russell National School 
                Lunch Act (42 U.S.C. 1751), under a method established 
                by the Secretary; and
                    (C) certifies that any public school facilities 
                improved by funds received under this section are--
                            (i) operated and managed by a public agency 
                        or a non-profit private entity; and
                            (ii)(I) owned or leased from a public 
                        agency; or
                            (II) owned or leased from a private entity, 
                        except that no individual associated with such 
                        private entity may have a financial interest or 
                        management role in the local educational 
                        agency.
            (3) Local facilities master plan.--The term ``local 
        facilities master plan'' means a plan of a local educational 
        agency developed under subsection (c)(3)(A)(i)(I) by the local 
        educational agency, in consultation with local stakeholders, 
        which includes an assessment of such agency's public school 
        facilities, financing of school capital project outlays, and 
        student enrollment levels, and other factors determined by the 
        Secretary.
            (4) Operations and maintenance of school facilities.--The 
        term ``operations and maintenance of school facilities'' means 
        the labor, contracts, and supplies and materials supported by a 
        local educational agency's annual operating budget related to--
                    (A) cleaning, groundskeeping, and preventive and 
                routine maintenance of public school facilities and 
                grounds;
                    (B) minor repairs and operations of building 
                systems and equipment for public school facilities; and
                    (C) payments for utilities for public school 
                facilities.
            (5) Public school facility.--The term ``public school 
        facility'' means a school facility operated by a local 
        educational agency that is primarily used to educate students, 
        including outdoor facilities and grounds, but does not 
        include--
                    (A) a facility that is primarily used for athletic 
                contests or exhibitions or other events for which 
                admission is charged to the general public;
                    (B) a vehicle; or
                    (C) a district central office, operation center, or 
                other school facility if it is not primarily used to 
                educate students.
            (6) School facilities capital outlay project.--The term 
        ``school facilities capital outlay project'' means the 
        assessment, planning, design, construction, renovation, repair, 
        management, and financing of a public school facility project 
        with a life expectancy of at least 10 years, but does not 
        include operations and maintenance of school facilities.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (8) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (9) State's contribution to school facilities capital 
        outlays.--The term ``State's contribution to school facilities 
        capital outlays'' means the total amount of State 
        appropriations on elementary and secondary education capital 
        expenditures in the State, including--
                    (A) State aid reimbursements for school facilities 
                capital outlay projects;
                    (B) State payment of debt service for school 
                facilities capital outlay projects;
                    (C) direct payment of school facilities capital 
                outlay projects; and
                    (D) grants or facilities allowances to charter 
                schools for facilities capital projects.
            (10) State facilities plan.--The term ``State facilities 
        plan'' means a State's plan developed by the State educational 
        agency, in accordance with subsection (c)(3)(A)(ii)(I) and 
        including plan elements determined by the Secretary, for the 
        purpose of being eligible for an allocation described in 
        subsection (c)(1)(B).
            (11) State school facilities database.--The term ``State 
        school facilities database'' means an electronic, publicly 
        available database maintained by the State educational agency 
        that contains an inventory of the infrastructure of all public 
        school facilities in the State, including the data elements 
        determined by the Secretary.

SEC. 20002. OUTLYING AREAS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $410,900,000, to remain 
available until September 30, 2026, for the Secretary of Education to 
allocate to each outlying area (as defined in section 8101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) an 
amount in proportion to the amount received by the outlying area under 
part A of title I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311) in the most recent fiscal year relative to the total 
amount received under such part for such fiscal year by all outlying 
areas, to carry out the activities described in section 20001(c) in the 
outlying areas.

SEC. 20003. IMPACT AID CONSTRUCTION GRANTS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $410,900,000, to remain 
available until September 30, 2026, for making payments to local 
educational agencies in accordance with the same terms and conditions 
as the terms and conditions of section 7007 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7707), except that--
            (1) subsection (a)(2)(A) of such section shall be applied 
        by substituting ``20 percent'' for ``50 percent'';
            (2) subsection (a)(2)(B) of such section shall be applied 
        by substituting ``20 percent'' for ``50 percent''; and
            (3) clauses (i) and (vi) of subsection (b)(5)(A) of such 
        section shall not apply to funds provided or received under 
        this section.

SEC. 20004. BUREAU OF INDIAN EDUCATION.

     In addition to amounts otherwise available, there is appropriated 
to the Bureau of Indian Education for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated--
            (1) $369,810,000, to remain available until September 30, 
        2026, for necessary expenses related to construction, repair, 
        improvement, and maintenance of buildings, utilities, and other 
        facilities necessary for the operation of Indian education 
        programs, including architectural and engineering services by 
        contract, acquisition of lands, and interests in lands, of 
        which no more than 3 percent shall be used for administrative 
        costs to carry out this section; and
            (2) $41,090,000, to remain available until September 30, 
        2026, for digital infrastructure to improve access to high-
        speed broadband sufficient for digital learning and related 
        digital infrastructure activities or programs operated or 
        funded by the Bureau of Indian Education, for Bureau-funded 
        schools (as defined in section 1141(3) of the Education 
        Amendments of 1978 (25 U.S.C. 2021(3))).

SEC. 20005. GALLAUDET UNIVERSITY.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $150,000,000, to remain 
available until September 30, 2026, for the Kendall Demonstration 
Elementary School and the Model Secondary School for the Deaf at 
Gallaudet University for construction, as defined in section 201(2) of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4351(2)).

SEC. 20006. GROW YOUR OWN PROGRAMS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Department of Education for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$197,000,000, to remain available through September 30, 2025, to award 
grants for the development and support of Grow Your Own Programs, as 
described in section 202(g) of the Higher Education Act of 1965 (20 
U.S.C. 1022a(g)).
    (b) In General.--Section 202 of the Higher Education Act of 1965 
(20 U.S.C. 1022a) is amended--
            (1) in subsection (b)(6)(C), by striking ``subsection (f) 
        or (g)'' and inserting ``subsection (f) or (h)'';
            (2) in subsection (c)(1), by inserting ``a Grow Your Own 
        program under subsection (g),'' after ``subsection (e),'';
            (3) by redesignating subsections (g), (h), (i), (j), and 
        (k), as subsections (h), (i), (j), (k), and (l), respectively; 
        and
            (4) by inserting after subsection (f) the following:
    ``(g) Partnership Grants for the Establishment of `Grow Your Own' 
Programs.--
            ``(1) In general.--An eligible partnership that receives a 
        grant under this section shall carry out an effective `Grow 
        Your Own' program to address shortages of teachers in high-need 
        subjects, fields, schools, and geographic areas, or shortages 
        of school leaders in high-need schools, and to increase the 
        diversity of qualified individuals entering into the teacher, 
        principal, or other school leader workforce.
            ``(2) Requirements of a grow your own program.--In addition 
        to carrying out each of the activities described in paragraphs 
        (1) through (6) of subsection (d), an eligible partnership 
        carrying out a Grow Your Own program under this subsection 
        shall--
                    ``(A) integrate career-focused courses on education 
                topics with a year-long school-based clinical 
                experience in which candidates teach or lead alongside 
                an expert mentor teacher or school leader who is the 
                teacher or school leader of record in the same local 
                educational agencies in which the candidates expect to 
                work;
                    ``(B) provide opportunities for candidates to 
                practice and develop teaching skills or school 
                leadership skills;
                    ``(C) support candidates as they complete their 
                associate (in furtherance of their baccalaureate), 
                baccalaureate, or master's degree or earn their 
                teaching or school leadership credential;
                    ``(D) work to provide academic, counseling, and 
                programmatic supports to candidates;
                    ``(E) provide academic and nonacademic supports, 
                including advising and financial assistance, to 
                candidates to enter and complete teacher or school 
                leadership preparation programs and to access and 
                complete State licensure exams;
                    ``(F) include efforts to recruit individuals with 
                experience in high-need subjects or fields who are not 
                certified to teach or lead, with a specific focus on 
                recruiting individuals--
                            ``(i) from groups or populations that are 
                        underrepresented; and
                            ``(ii) who live in and come from the 
                        communities the schools serve;
                    ``(G) evaluate the effectiveness of the program, 
                including, at a minimum, using the data required under 
                section 204(a)(1);
                    ``(H) require candidates to complete all State 
                requirements to become fully certified; and
                    ``(I) provide stipends for candidates to engage in 
                school-based clinical placements.''.

SEC. 20007. TEACHER RESIDENCIES.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $198,000,000, to remain 
available through September 30, 2025, to award grants for the 
development and support of high-quality teaching residency programs, as 
described in section 202(e) of the Higher Education Act of 1965 (20 
U.S.C. 1022a(e)), except that amounts available under this section 
shall be available for residency programs for prospective teachers in a 
bachelor's or master's degree program.

SEC. 20008. SUPPORT SCHOOL PRINCIPALS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $198,000,000, to remain 
available through September 30, 2025, to award grants for the 
development and support of school leadership programs, as described in 
section 2243 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6673).

SEC. 20009. HAWKINS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $198,000,000, to remain 
available through September 30, 2025, to award grants for the Augustus 
F. Hawkins Centers of Excellence Program, as described in section 242 
of the Higher Education Act of 1965 (20 U.S.C. 1033a).

SEC. 20010. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION 
              PART D PERSONNEL DEVELOPMENT.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $297,000,000, to remain 
available until September 30, 2025, for personnel development in 
section 662 of the Individuals with Disabilities Education Act (20 
U.S.C. 1462).

                        PART 2--HIGHER EDUCATION

                  Subpart A--America's College Promise

SEC. 20021. GRANTS FOR TUITION-FREE COMMUNITY COLLEGE.

    Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et 
seq.) is amended by adding at the end the following:

                  ``PART F--AMERICA'S COLLEGE PROMISE

         ``Subpart 1--Grants for Tuition-Free Community College

``SEC. 785. GRANT AWARDS.

    ``(a) In General.--Beginning with award year 2023-2024, from 
amounts appropriated to carry out this subpart for any fiscal year, the 
Secretary shall award grants to States and eligible Tribal Colleges and 
Universities to pay the Federal share of expenditures needed to carry 
out the activities and services described in section 789.
    ``(b) Timing of Grant Awards.--The Secretary shall award grant 
funds under subsection (a) for an award year not less than 30 days 
before the first day of the award year.

``SEC. 786. FEDERAL SHARE; STATE SHARE.

    ``(a) Federal Share.--
            ``(1) In general.--
                    ``(A) Amount.--Subject to paragraph (2), the amount 
                of the Federal share of a grant under this subpart 
                shall be based on a formula that provides, for each 
                eligible student enrolled in a community college 
                operated or controlled by the State or in an eligible 
                Tribal College or University, a per-student amount 
                (based on full-time equivalent enrollment) that is 
                equal to the applicable percent described in 
                subparagraph (B), or the percent described in paragraph 
                (2) with respect to an eligible Tribal College or 
                University, of--
                            ``(i) for the 2023-2024 award year, the 
                        median resident community college tuition and 
                        fees per student in all States, not weighted 
                        for enrollment, for the most recent award year 
                        for which data are available; and
                            ``(ii) for each subsequent award year, the 
                        amount determined under this paragraph for the 
                        preceding award year, increased by the lesser 
                        of--
                                    ``(I) a percentage equal to the 
                                estimated percentage increase in the 
                                Consumer Price Index (as determined by 
                                the Secretary) since the date of such 
                                determination; or
                                    ``(II) 3 percent.
                    ``(B) Applicable percent.--The applicable percent 
                for a State receiving a grant under this subpart shall 
                be--
                            ``(i) for the 2023-2024 award year, 100 
                        percent;
                            ``(ii) for the 2024-2025 award year, 95 
                        percent;
                            ``(iii) for the 2025-2026 award year, 90 
                        percent;
                            ``(iv) for the 2026-2027 award year, 85 
                        percent; and
                            ``(v) for the 2027-2028 award year, 80 
                        percent.
            ``(2) Tribal colleges and universities.--The amount of the 
        Federal share for an eligible Tribal College or University 
        receiving a grant under this subpart shall be the greater of--
                    ``(A) 100 percent of the per-student amount 
                determined in accordance with clause (i) or (ii) of 
                paragraph (1)(A), as applicable, with respect to 
                eligible students enrolled in such eligible Tribal 
                College or University (based on full-time equivalent 
                enrollment); or
                    ``(B) the amount that is 100 percent of the total 
                amount needed to set tuition and fees to $0 for all 
                eligible students enrolled in such eligible Tribal 
                College or University for the 2021-2022 award year, 
                increased by the percentage increase in the Consumer 
                Price Index (as determined by the Secretary) between 
                July 1, 2021, and the applicable award year, and 
                adjusted to reflect the enrollment in such eligible 
                Tribal College or University for such applicable award 
                year.
    ``(b) State Share.--
            ``(1) Formula.--
                    ``(A) In general.--The State share of a grant under 
                this subpart for each award year shall be the amount 
                needed to pay the applicable percent described in 
                subparagraph (B) of the median resident community 
                college tuition and fees in all States, not weighted 
                for enrollment, per student (based on full-time 
                equivalent enrollment) determined in accordance with 
                subsection (a)(1)(A)(i) for all eligible students 
                enrolled in a community college operated or controlled 
                by the State for such award year.
                    ``(B) Applicable percent.--The applicable percent 
                shall be--
                            ``(i) for the 2023-2024 award year, 0 
                        percent;
                            ``(ii) for the 2024-2025 award year, 5 
                        percent;
                            ``(iii) for the 2025-2026 award year, 10 
                        percent;
                            ``(iv) for the 2026-2027 award year, 15 
                        percent; and
                            ``(v) for the 2027-2028 award year, 20 
                        percent.
                    ``(C) Obligation to provide share.--The State shall 
                provide the State share even if the State is able to 
                set tuition and fees charged to eligible students 
                attending community colleges operated or controlled by 
                the State to $0 as required by section 788(a) without 
                such State share.
                    ``(D) No double counting funds.--Except with 
                respect to funding described in paragraph (2)(A), no 
                funds that count toward the maintenance of effort 
                requirement under section 788(c) may also count toward 
                the State share under this subsection.
                    ``(E) Special rule for outlying areas and 
                territories.--
                            ``(i) In general.--If the Secretary 
                        determines that requiring an outlying area or 
                        territory to provide a State share in 
                        accordance with this subsection would represent 
                        a substantial hardship for the outlying area or 
                        territory, the Secretary may reduce or waive 
                        the State share for such area or territory. If 
                        the Secretary so reduces or waives the amount 
                        of the State share of an outlying area or 
                        territory, the Secretary shall increase the 
                        applicable percent used to calculate the 
                        Federal share for such area or territory, in 
                        proportion to the reduction in the applicable 
                        percent used to calculate such State share.
                            ``(ii) Definition.--For the purposes of 
                        this subparagraph, the term `outlying area or 
                        territory' means the Commonwealth of Puerto 
                        Rico, the District of Columbia, Guam, American 
                        Samoa, the United States Virgin Islands, the 
                        Commonwealth of the Northern Mariana Islands, 
                        and the Freely Associated States.
            ``(2) Inclusion of state financial aid and local funds.--In 
        the case of a State that demonstrates to the satisfaction of 
        the Secretary that community colleges operated or controlled by 
        such State will not experience a net reduction in total per-
        student revenue (including revenue derived from tuition and 
        fees) as compared to the preceding fiscal year in such State, a 
        State may include, as part of the State share--
                    ``(A) any financial aid that is provided from State 
                funds to an eligible student and that--
                            ``(i)(I) is not awarded predominantly on 
                        the basis of merit, including programs awarded 
                        on the basis of predicted or actual academic 
                        performance or assessments; and
                            ``(II) may be used by such student to pay 
                        any component of cost of attendance, as defined 
                        under section 472; and
                    ``(B) any funds provided to community colleges by 
                local governments in such State for the purpose of 
                carrying out this subpart.
            ``(3) Relationship to maintenance of effort.--The inclusion 
        of funds described in paragraph (2) as part of a State's share 
        shall modify the maintenance of effort requirements under 
        section 788(c) in accordance with the provisions of--
                    ``(A) section 791(10)(B)(iii), with respect to 
                funds included under paragraph (2)(A); and
                    ``(B) section 791(10)(A)(ii), with respect to funds 
                included under paragraph (2)(B).
            ``(4) No in-kind contributions.--A State shall not include 
        in-kind contributions for purposes of the State share described 
        in paragraph (1).
    ``(c) Determining Number of Eligible Students.--
            ``(1) In general.--For purposes of subsections (a) and (b), 
        the Secretary shall, in consultation with the State or eligible 
        Tribal College or University concerned, determine the estimated 
        number of eligible students enrolled in the community colleges 
        operated or controlled by such State or in such eligible Tribal 
        College or University for the applicable award year.
            ``(2) Adjustment of grant amount.--For each year for which 
        a State or eligible Tribal College or University receives a 
        grant under this subpart, the Secretary shall, once final 
        enrollment data for such year are available--
                    ``(A) in consultation with the State or eligible 
                Tribal College or University concerned, determine the 
                actual number of eligible students enrolled in the 
                community colleges operated or controlled by such State 
                or in such eligible Tribal College or University for 
                the year covered by the grant; and
                    ``(B) adjust the Federal share of the grant amount 
                received by the State or eligible Tribal College or 
                University and the State share under subsection (b) to 
                reflect the actual number of eligible students, which 
                may include applying the relevant adjustment to such 
                Federal share or the State share, or both, in the 
                subsequent award year.
    ``(d) Community Colleges Operated or Controlled by State to Include 
Community Colleges Operated or Controlled by Local Governments Within 
the State.--For purposes of this subpart, the term `community college 
operated or controlled by a State' shall include a community college 
operated or controlled by a local government within such State.
    ``(e) Inapplicability of State Requirements to Eligible TCUs.--The 
Secretary may not apply any requirements applicable only to States 
under this subpart to an eligible Tribal College or University, 
including the requirements under subsection (b), section 788(b) and 
(c), and section 790.

``SEC. 787. APPLICATIONS.

    ``In order to receive a grant under this subpart, a State or 
eligible Tribal College or University shall submit an application to 
the Secretary that includes--
            ``(1) an estimate of the number of eligible students 
        enrolled in the community colleges operated or controlled by 
        the State or in the eligible Tribal College or University and 
        the cost of waiving tuition and fees for all eligible students 
        for each award year covered by the grant;
            ``(2) in the case of a State, a list of each of the 
        community colleges operated or controlled by the State;
            ``(3) an assurance that each community college operated or 
        controlled by the State, or the eligible Tribal College or 
        University, as applicable, will set community college tuition 
        and fees for eligible students to $0 as required by section 
        788(a);
            ``(4) a description of how the State or eligible Tribal 
        College or University will ensure that programs leading to a 
        recognized postsecondary credential meet the quality criteria 
        established by the State under section 122(b)(1) of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3152(b)(1)) 
        or other quality criteria determined appropriate by the State 
        or eligible Tribal College or University;
            ``(5) an assurance that each community college operated or 
        controlled by the State or the eligible Tribal College or 
        University, as applicable, has entered into a program 
        participation agreement under section 487;
            ``(6) an assurance that the State or eligible Tribal 
        College or University will assist eligible students in 
        obtaining information about and accessing means-tested Federal 
        benefit programs and similar State, tribal, and local benefit 
        programs that can provide financial assistance for any 
        component of the student's cost of attendance, as defined under 
        section 472, other than tuition and fees;
            ``(7) an assurance that, for each year of the grant, the 
        State or eligible Tribal College or University will notify each 
        eligible student of the student's remaining eligibility for 
        assistance under this subpart;
            ``(8) if the application is submitted by a State--
                    ``(A) an assurance that the State will meet the 
                requirements of section 788(b)(1) relating to the 
                alignment of secondary and postsecondary education; and
                    ``(B) an assurance that the State will meet the 
                requirements of section 788(b)(2) relating to the 
                improvement of transfer pathways between institutions 
                of higher education; and
            ``(9) an assurance that the State or eligible Tribal 
        College or University will clearly communicate to prospective 
        students, including students with prior college experience who 
        have not completed a postsecondary degree or credential, their 
        families, and the general public--
                    ``(A) plans to implement the program funded under 
                this subpart; and
                    ``(B) how eligible students can attend a community 
                college operated or controlled by the State or an 
                eligible Tribal College or University without paying 
                tuition and fees.

``SEC. 788. PROGRAM REQUIREMENTS.

    ``(a) General Requirements.--As a condition of receiving a grant 
under this subpart in each award year, a State or eligible Tribal 
College or University shall--
            ``(1) ensure that the total amount of tuition and fees 
        charged to an eligible student attending a community college 
        operated or controlled by the State or the eligible Tribal 
        College or University, as applicable, is $0;
            ``(2) not apply financial assistance for which an eligible 
        student qualifies to tuition or fees; and
            ``(3) not use any funds provided under this subpart for 
        administrative purposes relating to such grant.
    ``(b) State Requirements.--In addition to the requirements under 
subsection (a), as a condition of receiving a grant under this subpart 
a State shall meet the following requirements:
            ``(1) Alignment of secondary and higher education.--The 
        State shall--
                    ``(A) submit and implement a plan to align the 
                requirements for receiving a regular high school 
                diploma from public schools in the State with the 
                requirements for entering credit-bearing coursework at 
                community colleges in such State; and
                    ``(B) not later than 3 years after the date on 
                which the State first receives a grant under this 
                subpart, certify to the Secretary that such alignment 
                has been achieved.
            ``(2) Transfer pathways.--The State shall--
                    ``(A) submit a plan, developed in collaboration 
                with faculty from institutions of higher education in 
                the State, to improve transfer pathways among 
                institutions of higher education in the State, 
                including by--
                            ``(i) ensuring that associate degrees 
                        awarded by community colleges in the State are 
                        fully transferable to, and credited as, the 
                        first 2 years of related baccalaureate programs 
                        at public institutions of higher education in 
                        such State;
                            ``(ii) increasing the transferability of 
                        individual courses within the certificate or 
                        associate programs offered by community 
                        colleges in the State to related baccalaureate 
                        programs offered by institutions of higher 
                        education in such State to maximize the 
                        transferability of credits for students who 
                        transfer before completing an associate degree;
                            ``(iii) expanding the use of reverse 
                        transfer policies that allow institutions to--
                                    ``(I) implement the process of 
                                retroactively granting a certificate or 
                                associate degree to students who had 
                                not completed the requirements for such 
                                certificate or degree before they 
                                transferred; and
                                    ``(II) allow academic credits for 
                                coursework completed at a 4-year 
                                institution to be applied to a 
                                previously-attended community college 
                                for the purpose of obtaining an 
                                associate degree or a certificate; and
                            ``(iv) ensuring that students attending 
                        community colleges in the State have access to 
                        comprehensive counseling and supports to 
                        facilitate the process of transferring to a 4-
                        year institution of higher education; and
                    ``(B) not later than 3 years after the date on 
                which the State first receives a grant under this 
                subpart, certify to the Secretary that the State is 
                carrying out the plan submitted in accordance with 
                subparagraph (A) and is meeting the requirements of 
                clauses (i) through (iv) of such subparagraph.
    ``(c) State Maintenance of Effort.--A State receiving a grant under 
this subpart shall be entitled to receive its full allotment of funds 
under this subpart for a fiscal year only if, for each year of the 
grant, the State provides--
            ``(1) State fiscal support for higher education per full-
        time equivalent student at a level equal to or exceeding the 
        average amount of State fiscal support for higher education per 
        full-time equivalent student provided for the 3 consecutive 
        preceding fiscal years;
            ``(2) financial support for operating expenses (excluding 
        capital expenses and research and development costs) for public 
        4-year institutions of higher education at a level equal to or 
        exceeding the average amount provided for the 3 consecutive 
        preceding State fiscal years; and
            ``(3) financial support for need-based financial aid at a 
        level equal to or exceeding the average amount provided for the 
        3 consecutive preceding State fiscal years.
    ``(d) No Additional Eligibility Requirements.--A State or eligible 
Tribal College or University that receives a grant under this subpart 
may not impose additional eligibility requirements on eligible students 
other than the requirements under this subpart.
    ``(e) Eligibility for Benefits.--No individual shall be determined 
to be ineligible to receive benefits provided under this subpart 
(including tuition and fees set to $0 and other aid provided under this 
subpart) on the basis of citizenship, alienage, or immigration status.

``SEC. 789. ALLOWABLE USES OF FUNDS.

    ``(a) In General.--Except as provided in subsection (b)--
            ``(1) a State shall use a grant under this subpart only to 
        provide funds to each community college operated or controlled 
        by the State to enable each such community college to set 
        community college tuition and fees for eligible students to $0 
        as required under section 788(a); and
            ``(2) an eligible Tribal College or University shall use a 
        grant under this subpart only to set community college tuition 
        and fees for eligible students to $0 as required under section 
        788(a).
    ``(b) Additional Uses.--If a State or an eligible Tribal College or 
University demonstrates to the Secretary that the State or eligible 
Tribal College or University has grant funds remaining after meeting 
the demand for activities described in subsection (a), the State or 
eligible Tribal College or University shall use the remaining funds to 
carry out 1 or more of the following:
            ``(1) Providing need-based financial aid to students that 
        may be used by such students to pay any component of cost of 
        attendance, as defined under section 472.
            ``(2) Reducing unmet need at public 4-year institutions of 
        higher education.
            ``(3) Improving student outcomes by implementing evidence-
        based institutional reforms or practices, including reforms or 
        practices that are described in section 795D(b)(1) or that meet 
        an evidence tier defined in section 795E(2).
            ``(4) Expanding access to dual or concurrent enrollment 
        programs or early college high school programs.
    ``(c) Supplement, Not Supplant.--Except as provided in section 
786(b)(2)(A), funds made available under this subpart shall be used to 
supplement, and not supplant, other Federal, State, tribal, and local 
funds that would otherwise be expended to carry out activities 
described in this section.
    ``(d) Continuation of Funding.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State or an eligible Tribal College or University receiving a 
        grant under this subpart for an award year may continue to 
        receive funding under this subpart for subsequent award years 
        conditioned on the availability of budget authority and on 
        meeting the requirements of the grant, as determined by the 
        Secretary.
            ``(2) Discontinuation.--The Secretary shall discontinue or 
        reduce funding of the Federal share of a grant under this 
        subpart if the State or an eligible Tribal College or 
        University has violated the terms of the grant.
    ``(e) Rule of Construction Regarding BIE Funds.--Nothing in this 
subpart shall be construed to impact the availability of funds from, or 
uses of funds provided by, the Bureau of Indian Education for Tribal 
Colleges and Universities.

``SEC. 790. AUTOMATIC STABILIZERS FOR AMERICA'S COLLEGE PROMISE.

    ``(a) Maintenance of Effort Relief.--A State that meets the 
qualifying spending requirement may request a waiver of the 
requirements under section 788(c). Upon request by such a State, the 
Secretary shall waive the requirements of section 788(c) for the State 
as follows:
            ``(1) Tier i.--With respect to each State eligible for 
        relief under tier I, such requirements shall be waived for the 
        fiscal year succeeding the fiscal year for which the 
        determination of the State's eligibility for such relief is 
        made.
            ``(2) Tiers ii through v.--With respect to each State 
        eligible for relief under tier II, III, IV, or V, such 
        requirements shall be waived, in accordance with subsection 
        (d), for--
                    ``(A) the fiscal year for which the determination 
                of the State's eligibility for such relief is made;
                    ``(B) the fiscal year succeeding the fiscal year 
                described in subparagraph (A); or
                    ``(C) both such fiscal years.
    ``(b) State Share Relief.--
            ``(1) State share relief.--A State that meets the 
        qualifying spending requirement and is eligible for relief 
        under tier II, III, IV, or V may request relief with respect to 
        the requirements of section 786(b)(1)(B). Upon request by such 
        a State, the Secretary shall provide relief from the 
        requirements of section 786(b)(1)(B), for the applicable award 
        year or years, for the State as follows:
                    ``(A) Tier ii.--With respect to a State that is 
                eligible for relief under tier II, the Secretary 
                shall--
                            ``(i) apply section 786(a)(1)(B)(v) by 
                        substituting `85 percent' for `80 percent'; and
                            ``(ii) apply section 786(b)(1)(B)(v) by 
                        substituting `15 percent' for `20 percent'.
                    ``(B) Tier iii.--With respect to a State that is 
                eligible for relief under tier III, the Secretary 
                shall--
                            ``(i) apply section 786(a)(1)(B)(iv) by 
                        substituting `90 percent' for `85 percent';
                            ``(ii) apply section 786(a)(1)(B)(v) by 
                        substituting `90 percent' for `80 percent';
                            ``(iii) apply section 786(b)(1)(B)(iv) by 
                        substituting `10 percent' for `15 percent'; and
                            ``(iv) apply section 786(b)(1)(B)(v) by 
                        substituting `10 percent' for `20 percent'.
                    ``(C) Tier iv.--With respect to a State that is 
                eligible for relief under tier IV, the Secretary 
                shall--
                            ``(i) apply section 786(a)(1)(B)(iii) by 
                        substituting `95 percent' for `90 percent';
                            ``(ii) apply section 786(a)(1)(B)(iv) by 
                        substituting `95 percent' for `85 percent';
                            ``(iii) apply section 786(a)(1)(B)(v) by 
                        substituting `95 percent' for `80 percent';
                            ``(iv) apply section 786(b)(1)(B)(iii) by 
                        substituting `5 percent' for `10 percent';
                            ``(v) apply section 786(b)(1)(B)(iv) by 
                        substituting `5 percent' for '15 percent'; and
                            ``(vi) apply section 786(b)(1)(B)(v) by 
                        substituting `5 percent' for `20 percent'.
                    ``(D) Tier v.--With respect to a State that is 
                eligible for relief under tier V, the Secretary shall--
                            ``(i) apply section 786(a)(1)(B)(ii) by 
                        substituting `100 percent' for `95 percent';
                            ``(ii) apply section 786(a)(1)(B)(iii) by 
                        substituting `100 percent' for `90 percent';
                            ``(iii) apply section 786(a)(1)(B)(iv) by 
                        substituting `100 percent' for `85 percent';
                            ``(iv) apply section 786(a)(1)(B)(v) by 
                        substituting `100 percent' for `80 percent';
                            ``(v) apply section 786(b)(1)(B)(ii) by 
                        substituting `0 percent' for `5 percent';
                            ``(vi) apply section 786(b)(1)(B)(iii) by 
                        substituting `0 percent' for `10 percent';
                            ``(vii) apply section 786(b)(1)(B)(iv) by 
                        substituting `0 percent' for '15 percent'; and
                            ``(viii) apply section 786(b)(1)(B)(v) by 
                        substituting `0 percent' for `20 percent'.
            ``(2) Applicable award years.--With respect to each State 
        eligible for relief under tier II, III, IV, or V, the Secretary 
        shall provide the relief under paragraph (1), in accordance 
        with subsection (d), for--
                    ``(A) the award year for which the determination of 
                the State's eligibility for such relief is made;
                    ``(B) the award year succeeding the award year 
                described in subparagraph (A); or
                    ``(C) both such award years.
    ``(c) State Eligibility.--A State's eligibility for relief under 
this section shall be determined as follows:
            ``(1) Tier i.--A State shall be eligible for relief under 
        tier I for a fiscal year for which--
                    ``(A) the State is in an elevated unemployment 
                period at any point in the fiscal year; and
                    ``(B) the State is not eligible for relief under 
                any other tier.
            ``(2) Tier ii.--A State shall be eligible for relief under 
        tier II for a fiscal or award year, as applicable, for which--
                    ``(A)(i) the State average unemployment rate is 
                equal to or greater than 6.5 percent but less than 7.5 
                percent at any point in the fiscal or award year; or
                    ``(ii) the national average unemployment rate is 
                equal to or greater than 6.5 percent but less than 7.5 
                percent at any point in the fiscal or award year; and
                    ``(B) the State is not eligible for relief under 
                tier III, IV, or V.
            ``(3) Tier iii.--A State shall be eligible for relief under 
        tier III for a fiscal or award year, as applicable, for which--
                    ``(A)(i) the State average unemployment rate is 
                equal to or greater than 7.5 percent but less than 8.5 
                percent at any point in the fiscal or award year; or
                    ``(ii) the national average unemployment rate is 
                equal to or greater than 7.5 percent but less than 8.5 
                percent at any point in the fiscal or award year; and
                    ``(B) the State is not eligible for relief under 
                tier IV or V.
            ``(4) Tier iv.--A State shall be eligible for relief under 
        tier IV for a fiscal or award year, as applicable, for which--
                    ``(A)(i) the State average unemployment rate is 
                equal to or greater than 8.5 percent but less than 9.5 
                percent at any point in the fiscal or award year; or
                    ``(ii) the national average unemployment rate is 
                equal to or greater than 8.5 percent but less than 9.5 
                percent at any point in the fiscal or award year; and
                    ``(B) the State is not eligible for relief under 
                tier V.
            ``(5) Tier v.--A State shall be eligible for relief under 
        tier V for a fiscal or award year, as applicable, for which--
                    ``(A) the State average unemployment rate is equal 
                to or greater than 9.5 percent at any point in the 
                fiscal or award year; or
                    ``(B) the national average unemployment rate is 
                equal to or greater than 9.5 percent at any point in 
                the fiscal or award year.
    ``(d) Discretion in the Provision of Relief.--In determining the 
fiscal years for which to provide relief in accordance with subsection 
(a)(2), or the award years for which to provide relief in accordance 
with subsection (b), to a State that is eligible under tier II, III, 
IV, or V, the Secretary shall take into account the following:
            ``(1) In the case of a State that requests relief under 
        subsection (a)(2), the fiscal years for which the State 
        requests such relief, including--
                    ``(A) if the State requests such relief for the 
                fiscal year for which the determination of the State's 
                eligibility for such relief is made, the amount by 
                which the State is unable to meet the requirements of 
                section 788(c) for such fiscal year; and
                    ``(B) if the State requests such relief for the 
                fiscal year succeeding the year described in 
                subparagraph (A), the amount by which the State 
                anticipates being unable to meet such requirements for 
                such succeeding fiscal year.
            ``(2) In the case of a State that requests relief under 
        subsection (b), the award years for which the State requests 
        such relief, including--
                    ``(A) if the State requests such relief for the 
                award year for which the determination of the State's 
                eligibility for such relief is made, the extent to 
                which the State is unable to meet the requirements of 
                section 786(b)(1)(B) for such award year; and
                    ``(B) if the State requests such relief for the 
                award year succeeding the year described in 
                subparagraph (A), the extent to which the State 
                anticipates being unable to meet such requirements for 
                such succeeding award year.
            ``(3) The actual or anticipated timing, severity, and 
        duration of the unemployment rate increase during--
                    ``(A) the fiscal or award year, as applicable, for 
                which the determination of the State's eligibility for 
                such relief is made;
                    ``(B) the fiscal or award year, as applicable, 
                succeeding the fiscal or award year described in 
                subparagraph (A); and
                    ``(C) the fiscal or award year, as applicable, 
                preceding the fiscal or award year described in 
                subparagraph (A).
            ``(4) Other factors determined to be relevant by the 
        Secretary.
    ``(e) Continued Payment to Employees.--A State that receives relief 
under subsection (a) or (b) shall, to the greatest extent practicable, 
continue to pay its employees of, and contractors with, public 
institutions of higher education in the State during the period in 
which the State is receiving such relief.
    ``(f) Definitions.--In this section:
            ``(1) Elevated unemployment period.--The term `elevated 
        unemployment period'--
                    ``(A) when used with respect to the Nation as a 
                whole, means a consecutive, 3-month period in a fiscal 
                year for which the national average unemployment rate 
                is not less than 0.5 percentage points above the lowest 
                national average unemployment rate for the 12-month 
                period preceding such 3-month period; and
                    ``(B) when used with respect to a State, means a 
                consecutive, 3-month period in a fiscal year in which 
                the State average unemployment rate is not less than 
                0.5 percentage points above the lowest State average 
                unemployment rate for such State for the 12-month 
                period preceding such 3-month period.
            ``(2) Qualifying spending requirement.--The term 
        `qualifying spending requirement', when used with respect to 
        determining whether a State has met such requirement, means the 
        State has not disproportionately decreased spending for any of 
        the categories described in paragraphs (1) through (3) of 
        section 788(c) relative to such State's overall decrease in 
        spending averaged over the 3 consecutive preceding fiscal 
        years.
            ``(3) National average unemployment rate.--The term 
        `national average unemployment rate' means the average 
        (seasonally adjusted) rate of total unemployment in all States 
        for a consecutive, 3-month period in a fiscal year, based on 
        data from the Bureau of Labor Statistics of the Department of 
        Labor.
            ``(4) State average unemployment rate.--The term `State 
        average unemployment rate' means the average (seasonally 
        adjusted) rate of total unemployment in a State for a 
        consecutive, 3-month period in a fiscal year, based on data 
        from the Bureau of Labor Statistics of the Department of Labor.

``SEC. 791. DEFINITIONS.

    ``In this subpart:
            ``(1) Career pathway.--The term `career pathway' has the 
        meaning given the term in section 3 of the Workforce Innovation 
        and Opportunity Act (29 U.S.C. 3102).
            ``(2) Community college.--The term `community college' 
        means--
                    ``(A) a degree-granting public institution of 
                higher education at which--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the 
                        predominant degree awarded;
                    ``(B) an eligible Tribal College or University;
                    ``(C) a degree-granting branch campus of a 4-year 
                public institution of higher education, if, at such 
                branch campus--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the 
                        predominant degree awarded; or
                    ``(D) at the designation of the Secretary, in the 
                case of a State that does not operate or control any 
                institution that meets a definition under subparagraph 
                (A) or (C), a college or similarly defined and 
                structured academic entity--
                            ``(i) that was in existence on July 1, 
                        2021;
                            ``(ii) within a 4-year public institution 
                        of higher education; and
                            ``(iii) at which--
                                    ``(I) the highest degree awarded is 
                                an associate degree; or
                                    ``(II) an associate degree is the 
                                predominant degree awarded.
            ``(3) Dual or concurrent enrollment program.--The term 
        `dual or concurrent enrollment program' has the meaning given 
        the term in section 8101 of the Elementary and Secondary 
        Education Act of 1965.
            ``(4) Early college high school.--The term `early college 
        high school' has the meaning given the term in section 8101 of 
        the Elementary and Secondary Education Act of 1965.
            ``(5) Eligible student.--The term `eligible student' means 
        a student who--
                    ``(A) is enrolled as an undergraduate student in an 
                eligible program (as defined in section 481(b)) at a 
                community college on not less than a half-time basis;
                    ``(B) in the case of a student who is enrolled in a 
                community college that charges different tuition rates 
                on the basis of in-State or in-district residency, 
                either--
                            ``(i) qualifies for in-State or in-district 
                        resident tuition at such community college; or
                            ``(ii) would qualify for such in-State or 
                        in-district resident tuition at such community 
                        college, but for the immigration status of such 
                        student;
                    ``(C) has not been enrolled (whether full-time or 
                less than full-time) for more than 6 semesters (or the 
                equivalent) for which the community college tuition and 
                fees of the student were set to $0 pursuant to section 
                788(a);
                    ``(D) is not enrolled in a dual or concurrent 
                enrollment program or early college high school; and
                    ``(E) in the case of a student who is a United 
                States citizen, has filed a Free Application for 
                Federal Student Aid described in section 483 for the 
                applicable award year for which the student is 
                enrolled.
            ``(6) Eligible tribal college or university.--The term 
        `eligible Tribal College or University' means--
                    ``(A) a 2-year Tribal College or University; or
                    ``(B) a degree-granting Tribal College or 
                University--
                            ``(i) at which the highest degree awarded 
                        is an associate degree; or
                            ``(ii) an associate degree is the 
                        predominant degree awarded.
            ``(7) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101.
            ``(8) Means-tested federal benefit program.--The term 
        `means-tested Federal benefit program' has the meaning given 
        the term in section 479.
            ``(9) Recognized postsecondary credential.--The term 
        `recognized postsecondary credential' has the meaning given the 
        term in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).
            ``(10) State fiscal support for higher education.--
                    ``(A) Inclusions.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), the term `State fiscal 
                        support for higher education', used with 
                        respect to a State for a fiscal year, means an 
                        amount that is equal to--
                                    ``(I) the gross amount of 
                                applicable State funds appropriated or 
                                dedicated, and expended by the State, 
                                including funds from lottery receipts, 
                                in the fiscal year, that are used to 
                                support institutions of higher 
                                education and student financial aid for 
                                higher education in the State; and
                                    ``(II) any funds described in 
                                clause (ii), if applicable.
                            ``(ii) Local funds.--In the case of a State 
                        that includes, as part of the State share under 
                        section 786(b)(2)(B) for an award year, funds 
                        provided to community colleges by local 
                        governments in such State for the purpose of 
                        carrying out this subpart, local funds provided 
                        to community colleges operated or controlled by 
                        such State for operating expenses (excluding 
                        capital expenses and research and development 
                        costs) shall be included in the calculation of 
                        the State fiscal support for higher education 
                        for such award year under clause (i).
                    ``(B) Exclusions.--State fiscal support for higher 
                education for a State for a fiscal year shall not 
                include--
                            ``(i) funds described in subparagraph (A) 
                        that are returned to the State;
                            ``(ii) State-appropriated funds derived 
                        from Federal sources, including funds provided 
                        under section 786(a) and section 795A(a)(2);
                            ``(iii) funds that are included in the 
                        State share under section 786(b), including 
                        funds included in the State share in accordance 
                        with paragraph (2)(A) of such section;
                            ``(iv) amounts that are portions of 
                        multiyear appropriations to be distributed over 
                        multiple years that are not to be spent for the 
                        year for which the calculation under this 
                        paragraph is being made, subject to 
                        subparagraph (C);
                            ``(v) tuition, fees, or other educational 
                        charges paid directly by a student to a public 
                        institution of higher education or to the 
                        State;
                            ``(vi) funds for--
                                    ``(I) financial aid to students 
                                attending, or operating expenses of--
                                            ``(aa) out-of-State 
                                        institutions of higher 
                                        education;
                                            ``(bb) proprietary 
                                        institutions of higher 
                                        education (as defined in 
                                        section 102(b));
                                            ``(cc) institutions of 
                                        higher education not accredited 
                                        by an agency or association 
                                        recognized by the Secretary 
                                        pursuant to section 496;
                                    ``(II) financial aid to students 
                                awarded predominantly on the basis of 
                                merit, including programs awarded on 
                                the basis of predicted or actual 
                                academic performance or assessments;
                                    ``(III) research and development; 
                                or
                                    ``(IV) hospitals, athletics, or 
                                other auxiliary enterprises;
                            ``(vii) corporate or other private 
                        donations directed to one or more institutions 
                        of higher education permitted to be expended by 
                        the State; or
                            ``(viii) any other funds that the Secretary 
                        determines shall not be included in the 
                        calculation of State fiscal support for higher 
                        education for such State.
                    ``(C) Adjustments for biennial appropriations.--The 
                Secretary shall take into consideration any adjustments 
                to the calculations under this paragraph that may be 
                required to accurately reflect State fiscal support for 
                higher education in States with biennial appropriation 
                cycles.
            ``(11) State fiscal support for higher education per full-
        time equivalent student.--The term `State fiscal support for 
        higher education per full-time equivalent student', when used 
        with respect to a State for a fiscal year, means the amount 
        that is equal to--
                    ``(A) the State fiscal support for higher education 
                for the previous fiscal year; divided by
                    ``(B) the number of full-time equivalent students 
                enrolled in public institutions of higher education in 
                such State for such previous fiscal year.
            ``(12) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given such term in 
        section 316(b)(3).

``SEC. 792. SUNSET.

    ``(a) In General.--The authority to make grants under this subpart 
shall expire at the end of award year 2027-2028.
    ``(b) Inapplicability of GEPA Contingent Extension of Programs.--
Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) 
shall not apply to this subpart.

``SEC. 793. APPROPRIATION.

    ``In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, such sums as may be necessary, to remain available until 
September 30, 2030, for carrying out this subpart.''.

SEC. 20022. RETENTION AND COMPLETION GRANTS.

    Part F of title VII of the Higher Education Act of 1965 (20 U.S.C. 
1133 et seq.), as added by section 20021, is further amended by adding 
at the end the following:

              ``Subpart 2--Retention and Completion Grants

``SEC. 795. RETENTION AND COMPLETION GRANTS.

    ``Beginning with award year 2023-2024, from amounts appropriated to 
carry out this subpart for any fiscal year, the Secretary shall carry 
out a grant program to make grants (which shall be known as `retention 
and completion grants') to eligible States and Tribal Colleges and 
Universities to enable the eligible States and Tribal Colleges and 
Universities to carry out the activities described in section 795D.

``SEC. 795A. GRANT AMOUNTS.

    ``(a) Reservation.--From the amounts appropriated to carry out this 
subpart, the Secretary shall--
            ``(1) reserve an amount equal to 3 percent of such amounts 
        to allocate grants to Tribal Colleges and Universities, which 
        shall be distributed according to the formula in section 
        316(d)(3)(B), to carry out the activities described in section 
        795D(b)(1) and implement reforms or practices that meet an 
        evidence tier defined in section 795E(2); and
            ``(2) use the amount remaining after the allocation under 
        paragraph (1) to award competitive grants to eligible States 
        that have submitted applications under section 795B.
    ``(b) Supplement, Not Supplant.--Grant funds awarded under this 
subpart shall be used to supplement, and not supplant, other Federal, 
State, tribal, and local funds that would otherwise be expended to 
carry out activities assisted under this subpart.
    ``(c) Grant Period.--Subject to the requirements under section 
795C, a grant under this subpart shall be for a period of not more than 
7 years.

``SEC. 795B. APPLICATIONS.

    ``(a) In General.--As a condition of receiving a grant under this 
subpart, an eligible State shall submit an application to the Secretary 
that includes--
            ``(1) a description of--
                    ``(A) how the eligible State will use the funds to 
                implement evidence-based institutional reforms or 
                practices at institutions of higher education in such 
                State to improve student outcomes and meet the 
                requirements of section 795D(b)(2), including--
                            ``(i) how such eligible State will use 
                        grant funds to implement 1 or more reforms or 
                        practices described in section 795D(b)(1) at 
                        such institutions;
                            ``(ii) the extent to which each reform or 
                        practice to be implemented meets an evidence 
                        tier defined in section 795E(2); and
                            ``(iii) annual implementation benchmarks 
                        that the eligible State will use to track 
                        progress in implementing such reforms or 
                        practices;
                    ``(B) how such eligible State will increase support 
                for the public institutions of higher education 
                identified in accordance with paragraph (2)(B); and
                    ``(C) the improvements the eligible State 
                anticipates in student outcomes, including improvements 
                in retention, completion, or transfer rates or labor 
                market outcomes, or a combination of such student 
                outcomes, disaggregated by student demographics 
                including, at a minimum, race, ethnicity, income, 
                disability status, remediation, and status as a first 
                generation college student;
            ``(2)(A) with respect to each State public institution of 
        higher education--
                    ``(i) the total per-student funding;
                    ``(ii) the amount of per-student funding that is 
                from State-appropriated funds; and
                    ``(iii) the share of students at the institution 
                who are students of color, low-income students, 
                students with disabilities, students in need of 
                remediation, or first generation college students; and
                    ``(B) an identification of public institutions of 
                higher education in the eligible State that received 
                less funding on a per-student basis as described in 
                clause (i) or (ii), or both, of subparagraph (A), and 
                are serving disproportionately high shares of students 
                of color, low-income students, students with 
                disabilities, students in need of remediation, or first 
                generation college students;
            ``(3) a description of the steps the eligible State will 
        take to ensure the sustainability of the institutional reforms 
        or practices identified in paragraph (1)(A); and
            ``(4) a description of how the eligible State will evaluate 
        the effectiveness of activities funded under this subpart, 
        including how such eligible State will assess impacts on 
        student outcomes, including retention, transfer, and completion 
        rates and labor market outcomes.
    ``(b) Priorities.--In awarding funds under this subpart, the 
Secretary shall give priority to eligible States that do one or more of 
the following:
            ``(1) Propose to use a significant share of grant funds for 
        reforms or practices that meet an evidence tier defined in 
        section 795E(2).
            ``(2) Propose to use a significant share of grant funds to 
        improve retention, transfer, and completion rates and labor 
        market outcomes among students of color, low-income students, 
        students with disabilities, students in need of remediation, 
        first generation college students, and other underserved 
        student populations in such State.
            ``(3) Propose to use a significant share of grant funds to 
        improve retention, transfer, and completion rates and labor 
        market outcomes among students attending institutions 
        identified in subsection (a)(2)(B).
            ``(4) Demonstrate a commitment to supporting activities 
        funded under this subpart with non-Federal funds.

``SEC. 795C. PROGRAM REQUIREMENTS.

    ``(a) In General.--As a condition of continuing to receive funds 
under this subpart, for each year in which an eligible State 
participates in the program under this subpart, the eligible State 
shall submit to the Secretary the eligible State's progress--
            ``(1) in meeting the annual implementation benchmarks 
        included in the application of such eligible State under 
        section 795B(a)(1)(A)(iii);
            ``(2) in increasing funding for the public institutions of 
        higher education identified in accordance with section 
        795B(a)(2)(B), as included in the application of such eligible 
        State under section 795B(a)(1)(B); and
            ``(3) in improving the student outcomes identified by the 
        State under section 795B(a)(1)(C).
    ``(b) Eligibility for Benefits.--No individual shall be determined 
to be ineligible to receive benefits provided under this subpart 
(including services and other aid provided under this subpart) on the 
basis of citizenship, alienage, or immigration status.

``SEC. 795D. USES OF FUNDS.

    ``(a) General Requirement for States.--Except as provided in 
subsection (c), an eligible State shall use a grant under this subpart 
only to carry out activities described in the application for such year 
under section 795B(a)(1).
    ``(b) Evidence-based Institutional Reforms or Practices.--
            ``(1) In general.--An eligible State or Tribal College or 
        University receiving a grant under this subpart shall, directly 
        or in collaboration with institutions of higher education and 
        other non-profit organizations, use the grant funds to 
        implement one or more of the following evidence-based 
        institutional reforms or practices:
                    ``(A) Providing comprehensive academic, career, and 
                student support services, including mentoring, 
                advising, case management services, or career pathway 
                navigation.
                    ``(B) Providing assistance in applying for and 
                accessing direct support services, means-tested Federal 
                benefit programs, or similar State, tribal, or local 
                benefit programs.
                    ``(C) Providing emergency financial aid grants to 
                students for unexpected expenses and to meet basic 
                needs.
                    ``(D) Providing accelerated learning opportunities, 
                including dual or concurrent enrollment programs and 
                early college high school programs, and pathways to 
                graduate and professional degree programs, and 
                reforming course scheduling and credit awarding 
                policies.
                    ``(E) Reforming remedial and developmental 
                education.
                    ``(F) Utilizing career pathways, including through 
                building capacity for career and technical education as 
                defined in section 3 of the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2302), 
                programs of study as defined in such section, or degree 
                pathways.
                    ``(G) Improving transfer pathways between community 
                colleges and four-year institutions of higher education 
                in the eligible State, or, in the case of a Tribal 
                College or University, between the Tribal College or 
                University and other institutions of higher education.
            ``(2) State allocation minimums with respect to evidence 
        tiers.--An eligible State receiving a grant under this subpart 
        shall use not less than 30 percent of the grant funds for 
        evidence-based reforms or practices that meet an evidence tier 
        defined in section 795E(2), of which at least two-thirds shall 
        be used for evidence-based reforms or practices that meet 
        evidence tier 1.
    ``(c) Use of Funds for Administrative Purposes.--An eligible State 
or Tribal College or University that receives a grant under this 
subpart may use--
            ``(1) not more than 3 percent of such grant for 
        administrative purposes relating to the grant under this 
        subpart; and
            ``(2) not more than 3 percent of such grant to evaluate the 
        effectiveness of activities carried out under this subpart.

``SEC. 795E. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible state.--The term `eligible State' means a 
        State that is a recipient of a grant under subpart 1.
            ``(2) Evidence tiers.--
                    ``(A) Evidence tier 1.--The term `evidence tier 1', 
                when used with respect to a reform or practice, means a 
                reform or practice that meets the criteria for 
                receiving an expansion grant from the education 
                innovation and research program under section 4611 of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7261), as determined by the Secretary in 
                accordance with such section.
                    ``(B) Evidence tier 2.--The term `evidence tier 2', 
                when used with respect to a reform or practice, means a 
                reform that meets the criteria for receiving a mid-
                phase grant from the education innovation and research 
                program under section 4611 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7261), as 
                determined by the Secretary in accordance with such 
                section.
            ``(3) First generation college student.--The term `first 
        generation college student' has the meaning given the term in 
        section 402A(h).
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101.
            ``(5) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given the term in 
        section 316(b)(3).

``SEC. 795F. SUNSET.

    ``(a) In General.--The authority to make grants under this subpart 
shall expire at the end of award year 2029-2030.
    ``(b) Inapplicability of GEPA Contingent Extension of Programs.--
Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) 
shall not apply to this subpart.

``SEC. 795G. APPROPRIATION.

    ``In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $9,000,000,000, to remain available until September 30, 
2030, for carrying out this subpart.''.

SEC. 20023. TUITION ASSISTANCE FOR STUDENTS AT HISTORICALLY BLACK 
              COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES AND 
              UNIVERSITIES, AND MINORITY-SERVING INSTITUTIONS.

    Part F of title VII of the Higher Education Act of 1965 (20 U.S.C. 
1133 et seq.), as added and amended by this Act, is further amended by 
adding at the end the following:

  ``Subpart 3--Tuition Assistance for Students at Historically Black 
   Colleges and Universities, Tribal Colleges and Universities, and 
                     Minority-serving Institutions

``SEC. 796. TUITION ASSISTANCE FOR HISTORICALLY BLACK COLLEGES AND 
              UNIVERSITIES.

    ``Beginning with award year 2023-2024, from amounts appropriated to 
carry out this subpart for any fiscal year, the Secretary shall award 
grants to participating historically Black colleges and universities 
that are eligible institutions.

``SEC. 796A. TUITION ASSISTANCE FOR TRIBAL COLLEGES AND UNIVERSITIES.

    ``Beginning with award year 2023-2024, from amounts appropriated to 
carry out this subpart for any fiscal year, the Secretary shall award 
grants to participating Tribal Colleges and Universities that are 
eligible institutions.

``SEC. 796B. TUITION ASSISTANCE FOR ALASKA NATIVE-SERVING INSTITUTIONS, 
              ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-
              SERVING INSTITUTIONS, HISPANIC-SERVING INSTITUTIONS, 
              NATIVE AMERICAN-SERVING NONTRIBAL INSTITUTIONS, NATIVE 
              HAWAIIAN-SERVING INSTITUTIONS, AND PREDOMINANTLY BLACK 
              INSTITUTIONS.

    ``(a) In General.--Beginning with award year 2023-2024, from 
amounts appropriated to carry out this subpart for any fiscal year, the 
Secretary shall award grants to participating Alaska Native-serving 
institutions, Asian American and Native American Pacific Islander-
serving institutions, Hispanic-serving institutions, Native American-
serving nontribal institutions, Native Hawaiian-serving institutions, 
and Predominantly Black institutions that are eligible institutions.
    ``(b) Status of Institution.--An institution's status as an 
eligible institution described in subsection (a) shall--
            ``(1) be based on the most recent data available; and
            ``(2) be reviewed annually to ensure that the institution 
        continues to meet the requirements for status as an institution 
        described in subsection (a).

``SEC. 796C. GRANT TERMS.

    ``(a) Grant Amount.--
            ``(1) In general.--For each year for which an eligible 
        institution participates in the grant program under this 
        subpart, such eligible institution shall receive a grant in an 
        amount equal to the product of--
                    ``(A) the number of eligible students enrolled at 
                the institution for such year; and
                    ``(B)(i) for the 2023-2024 award year, the median 
                resident community college tuition and fees per student 
                in all States, not weighted for enrollment, for the 
                most recent award year for which data are available; 
                and
                    ``(ii) for the 2024-2025 award year and each 
                subsequent award year, the amount determined under this 
                subparagraph for the preceding award year, increased by 
                the lesser of--
                            ``(I) a percentage equal to the estimated 
                        percentage increase in the Consumer Price Index 
                        (as determined by the Secretary) since the date 
                        of such determination; or
                            ``(II) 3 percent.
            ``(2) First-year tuition and fees.--As a condition of 
        receiving a grant under this subpart, an eligible institution 
        shall not increase tuition and fees during the first year of 
        participation in the grant program under this subpart at a rate 
        greater than the average annual increase at the eligible 
        institution in the previous 5 years.
            ``(3) Students enrolled less than full-time.--The Secretary 
        shall develop and implement a formula for making adjustments to 
        grant amounts under this subpart based on the number of 
        eligible students at each eligible institution enrolled less 
        than full-time and the associated tuition and fees charged to 
        such students in proportion to the degree to which each such 
        student is not attending on a full-time basis.
            ``(4) Data adjustments.--
                    ``(A) In general.--The Secretary shall establish a 
                process through which each eligible institution that 
                participates in the program under this section--
                            ``(i) provides the necessary eligible 
                        student enrollment data at the start of the 
                        award year; and
                            ``(ii) initially receives grant funds, as 
                        calculated under this subsection, based on such 
                        data.
                    ``(B) Adjustment of grant amount.--For each year 
                for which an eligible institution receives a grant 
                under this subpart, the Secretary shall, once final 
                enrollment data for such year are available--
                            ``(i) in consultation with the eligible 
                        institution concerned, determine the actual 
                        number of eligible students for the year 
                        covered by the grant; and
                            ``(ii) adjust the grant amount received by 
                        the eligible institution to reflect the actual 
                        number of eligible students, which may include 
                        applying the relevant adjustment to such grant 
                        amount in the subsequent award year.
    ``(b) Duplicate Grants Prohibited.--An institution shall not 
receive more than one grant at a time under this subpart.
    ``(c) Application.--An eligible institution that desires a grant 
under this subpart shall submit an application to the Secretary that 
includes--
            ``(1) an assurance that the institution commits to 
        maintaining, expanding, or adopting and implementing evidence-
        based institutional reforms or practices to improve student 
        outcomes, which shall include one or more of the practices 
        described in section 795D(b)(1); and
            ``(2) in the case of an eligible institution that enrolls 
        students who transfer from another institution, an assurance 
        that the institution--
                    ``(A) commits to increasing the transferability of 
                individual courses within certificate or associate 
                programs offered by community colleges in the State to 
                related baccalaureate programs offered by such 
                institution to maximize the transferability of credits 
                for students who transfer before completing an 
                associate degree;
                    ``(B) will ensure that students attending community 
                colleges in the State have access to comprehensive 
                counseling and other easily accessible tools regarding 
                the process for transferring to such institution; and
                    ``(C) has a formal, statewide articulation 
                agreement with community colleges in the State in which 
                such institution operates that, at a minimum, ensures 
                that associate degrees awarded by community colleges in 
                the State are fully transferable to, and credited as, 
                the first 2 years of related baccalaureate programs at 
                such institution.
    ``(d) Use of Funds.--
            ``(1) Required use.--Funds awarded under this subpart to a 
        participating eligible institution shall be used to reduce 
        tuition and fees for eligible students by an amount that is not 
        less than the minimum per-student amount described in paragraph 
        (2), unless the actual cost of tuition and fees at such 
        institution is not more than such per-student amount, in which 
        case such institution shall use such funds to waive all such 
        tuition and fees charged to such students and use any remaining 
        funds in accordance with paragraph (3).
            ``(2) Minimum per-student amount.--The minimum per-student 
        amount described in this paragraph shall be equal to--
                    ``(A) for the 2023-2024 award year, the median 
                resident community college tuition and fees per student 
                in all States, not weighted for enrollment, for the 
                most recent award year for which data are available; 
                and
                    ``(B) for the 2024-2025 award year and each 
                subsequent award year, the amount determined under this 
                paragraph for the preceding award year, increased by 
                the lesser of--
                            ``(i) a percentage equal to the estimated 
                        percentage increase in the Consumer Price Index 
                        (as determined by the Secretary) since the date 
                        of such determination; or
                            ``(ii) 3 percent.
            ``(3) Additional uses.--A participating eligible 
        institution shall use any grant funds remaining after meeting 
        the requirements of paragraph (1) to provide financial aid to 
        eligible students that may be used by such students to pay for 
        any component of cost of attendance other than tuition and 
        fees, which may include emergency financial aid grants.
    ``(e) Supplement, Not Supplant.--Funds made available to carry out 
this subpart shall be used to supplement, and not supplant, other 
Federal, State, tribal, and local funds that would otherwise be 
expended to carry out activities under this subpart.
    ``(f) Sixty Credits.--Funds under this subpart may only be used to 
waive or reduce tuition and fees for the first 60 credits for which an 
eligible student is enrolled in the participating eligible institution 
except that, when calculating the number of credits in which the 
student has been enrolled for the purpose of carrying out this 
subpart--
            ``(1) no student shall be considered to have been enrolled 
        for more than 12 credits per semester (or the equivalent) 
        during the period for which the student is receiving benefits 
        under this subpart; and
            ``(2) the participating eligible institution may exclude 
        any credits that a student enrolled in and did not complete at 
        such institution if the institution determines that such 
        exclusion would be in the best interest of the student, except 
        that an institution may exclude no more than 15 credits under 
        this paragraph for each individual student.
    ``(g) Eligibility for Benefits.--No individual shall be determined 
to be ineligible to receive benefits provided under this subpart 
(including reduction of tuition and fees and other aid provided under 
this subpart) on the basis of citizenship, alienage, or immigration 
status.

``SEC. 796D. DEFINITIONS.

    ``In this subpart:
            ``(1) Alaska native-serving institution.--The term `Alaska 
        Native-serving institution' has the meaning given such term in 
        section 317(b).
            ``(2) Asian american and native american pacific islander-
        serving institution.--The term `Asian American and Native 
        American Pacific Islander-serving institution' has the meaning 
        given such term in section 371(c).
            ``(3) Cost of attendance.--The term `cost of attendance' 
        has the meaning given such term in section 472.
            ``(4) Eligible institution.--
                    ``(A) In general.--The term `eligible institution' 
                means a public or nonprofit 4-year institution of 
                higher education that has an undergraduate student body 
                of which not less than 35 percent are low-income 
                students.
                    ``(B) Continuing eligibility.--The Secretary's 
                determination of whether an institution meets the 
                requirement under subparagraph (A) shall be based on 
                the most recent data available, and shall be reviewed 
                annually to ensure that the institution continues to 
                meet the requirements for participation.
            ``(5) Eligible student.--
                    ``(A) In general.--The term `eligible student' 
                means a student, regardless of age, who--
                            ``(i) is enrolled as an undergraduate 
                        student in an eligible program (as defined in 
                        section 481(b)) at a participating eligible 
                        institution, on at least a half-time basis;
                            ``(ii) is a low-income student;
                            ``(iii) has been enrolled at such 
                        participating eligible institution under this 
                        subpart for not more than 60 credits, subject 
                        to section 796C(f);
                            ``(iv) has not been enrolled (whether full-
                        time or less than full-time) for more than 6 
                        semesters (or the equivalent) for which the 
                        student received a benefit under this subpart;
                            ``(v) is not enrolled in a dual or 
                        concurrent enrollment program or early college 
                        high school;
                            ``(vi) has not completed an undergraduate 
                        baccalaureate course of study; and
                            ``(vii) in the case of a student who is a 
                        United States citizen, has filed a Free 
                        Application for Federal Student Aid described 
                        in section 483 for the applicable award year 
                        for which the student is enrolled.
                    ``(B) Continued eligibility.--In the case of an 
                eligible student who receives assistance under this 
                subpart and attends an institution that loses status as 
                an eligible institution or as an institution described 
                in section 796B(a), the student may continue to receive 
                such assistance for the period for which the student 
                would have been eligible if the institution at which 
                they are enrolled had retained such status.
            ``(6) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given such term in section 
        502.
            ``(7) Historically black college or university.--The term 
        `historically Black college or university' means a part B 
        institution as defined in section 322.
            ``(8) Low-income student.--The term `low-income student' 
        means a student who meets the financial eligibility criteria 
        for receiving a Federal Pell Grant under section 401, 
        regardless of whether such student is otherwise eligible to 
        receive such Federal Pell Grant.
            ``(9) Native american-serving nontribal institution.--The 
        term `Native American-serving nontribal institution' has the 
        meaning given such term in section 319.
            ``(10) Native hawaiian-serving institution.--The term 
        `Native Hawaiian-serving institution' has the meaning given 
        such term in section 317(b).
            ``(11) Predominantly black institution.--The term 
        `Predominantly Black institution' has the meaning given such 
        term in section 371(c).
            ``(12) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given such term in 
        section 316(b)(3).

``SEC. 796E. SUNSET.

    ``(a) In General.--The authority to make grants under this subpart 
shall expire at the end of award year 2029-2030.
    ``(b) Inapplicability of GEPA Contingent Extension of Programs.--
Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) 
shall not apply to this subpart.

``SEC. 796F. APPROPRIATION.

    ``In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, such sums as may be necessary, to remain available until 
September 30, 2030, for carrying out this subpart.''.

SEC. 20024. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED STATES 
              VIRGIN ISLANDS, AND GUAM COLLEGE ACCESS.

    Part F of title VII of the Higher Education Act of 1965 (20 U.S.C. 
1133 et seq.), as added and amended by this Act, is further amended by 
adding at the end the following:

``SEC. 798. NORTHERN MARIANA ISLANDS, AMERICAN SAMOA, UNITED STATES 
              VIRGIN ISLANDS, AND GUAM COLLEGE ACCESS GRANTS.

    ``(a) Grants.--
            ``(1) Grant amounts.--
                    ``(A) In general.--Beginning with award year 2023-
                2024, from amounts appropriated to carry out this 
                section, the Secretary shall provide such sums as may 
                be necessary to the Governors of each outlying area for 
                such Governors to award grants to eligible institutions 
                that enroll eligible students to pay the difference 
                between the tuition and fees charged for in-State 
                students and the tuition and fees charged for out-of-
                State students on behalf of each eligible student 
                enrolled in the eligible institution.
                    ``(B) Maximum student amounts.--The amount paid on 
                behalf of an eligible student under this section shall 
                be--
                            ``(i) not more than $15,000 for any one 
                        award year (as defined in section 481); and
                            ``(ii) not more than $75,000 in the 
                        aggregate.
                    ``(C) Proration.--The Governor shall prorate 
                payments under this section with respect to eligible 
                students who attend an eligible institution on less 
                than a full-time basis.
            ``(2) Application.--Each eligible student desiring a 
        payment under this section shall submit an application to the 
        eligible institution at which such student is enrolled or plans 
        to enroll.
            ``(3) Eligibility for benefits.--No individual shall be 
        determined to be ineligible to receive benefits provided under 
        this subpart (including tuition payments and other aid provided 
        under this subpart) on the basis of citizenship, alienage, or 
        immigration status.
    ``(b) Administration of Program.--
            ``(1) In general.--Each Governor shall carry out the 
        program under this section in consultation with the Secretary. 
        Each Governor may enter into a grant, contract, or cooperative 
        agreement with another public or private entity to administer 
        the program under this section.
            ``(2) Memorandum of agreement.--Each Governor and the 
        Secretary shall enter into a memorandum of agreement that 
        describes--
                    ``(A) the manner in which the Governor will consult 
                with the Secretary with respect to administering the 
                program under this section; and
                    ``(B) any technical or other assistance to be 
                provided to the Governor by the Secretary for purposes 
                of administering the program under this section (which 
                may include access to the information in the Free 
                Application for Federal Student Aid described in 
                section 483).
            ``(3) Construction.--Nothing in this section shall be 
        construed to require an institution of higher education to 
        alter the institution's admissions policies or standards in any 
        manner to enable an eligible student to enroll in the 
        institution.
            ``(4) Grant authority.--The authority to make grants under 
        this section shall expire at the end of award year 2029-2030.
    ``(c) Inapplicability of GEPA Contingent Extension of Programs.--
Section 422 of the General Education Provisions Act (20 U.S.C. 1226a) 
shall not apply to this section.
    ``(d) Definitions.--In this section:
            ``(1) Eligible institution.--The term `eligible 
        institution' means an institution that--
                    ``(A) is a public four-year institution of higher 
                education located in one of the several States of the 
                United States, the District of Columbia, Puerto Rico, 
                or an outlying area;
                    ``(B) is eligible to participate in the student 
                financial assistance programs under title IV; and
                    ``(C) enters into an agreement with the Governor of 
                an outlying area, or with two or more of such Governors 
                (except that such institution may not enter into an 
                agreement with the Governor of the outlying area in 
                which such institution is located), containing such 
                conditions as each Governor may specify, including a 
                requirement that the institution use the funds made 
                available under this section to supplement and not 
                supplant assistance that otherwise would be provided to 
                eligible students from outlying areas.
            ``(2) Eligible student.--The term `eligible student' means 
        an individual who--
                    ``(A) was domiciled in an outlying area for not 
                less than 12 consecutive months preceding the 
                commencement of the freshman year at an institution of 
                higher education;
                    ``(B) has not completed an undergraduate 
                baccalaureate course of study;
                    ``(C) begins the individual's course of study at an 
                eligible institution within 3 calendar years (excluding 
                any period of service on active duty in the Armed 
                Forces or service under the Peace Corps Act (22 U.S.C. 
                2501 et seq.) or subtitle D of title I of the National 
                and Community Service Act of 1990 (42 U.S.C. 12571 et 
                seq.)) of--
                            ``(i) graduation from secondary school, or 
                        obtaining the recognized equivalent of a 
                        secondary school diploma; or
                            ``(ii) transfer from an institution of 
                        higher education located in an outlying area 
                        (including transfer following the completion of 
                        an associate degree or certificate at such 
                        institution); and
                    ``(D) is enrolled or accepted for enrollment, on at 
                least a half-time basis, in a baccalaureate degree or 
                other program (including a program of study abroad 
                approved for credit by the institution at which such 
                student is enrolled) leading to a recognized 
                educational credential at an eligible institution.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101.
            ``(4) Governor.--The term `Governor' means the Governor of 
        an outlying area.
            ``(5) Outlying area.--The term `outlying area' means the 
        Northern Mariana Islands, American Samoa, the United States 
        Virgin Islands, and Guam.
    ``(e) Appropriations.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, such sums as may be necessary, to 
remain available until September 30, 2030, for carrying out this 
section.''.

                Subpart B--Pell Grants and Student Loans

SEC. 20031. INCREASING THE MAXIMUM FEDERAL PELL GRANT.

    (a) Award Year 2022-2023.--Section 401(b)(7) of the Higher 
Education Act of 1965 (20 U.S.C. 1070a(b)(7)) is amended--
            (1) in subparagraph (A)(iii), by inserting ``and such sums 
        as may be necessary for fiscal year 2022 to carry out the $500 
        increase provided under subparagraph (C)(iii)'' before ``; 
        and''; and
            (2) in subparagraph (C)(iii), by inserting before the 
        period at the end the following: ``, except that, for award 
        year 2022-2023, such amount shall be increased by $500''.
    (b) Subsequent Award Years Through 2029-2030.--
            (1) In general.--Section 401(b) of the Higher Education Act 
        of 1965 (20 U.S.C. 1070a(b)), as amended by section 703 of the 
        FAFSA Simplification Act (title VII of division FF of Public 
        Law 116-260), is amended--
                    (A) in paragraph (5)(A)--
                            (i) in clause (i), by striking ``and'' 
                        after the semicolon;
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following:
                            ``(ii) for each of award years 2023-2024 
                        through 2029-2030, an additional $500; and''; 
                        and
                    (B) in paragraph (6)(A)--
                            (i) in clause (i)--
                                    (I) by striking ``appropriated) 
                                such'' and inserting the following: 
                                ``appropriated)--
                                    ``(I) such''; and
                                    (II) by adding at the end the 
                                following:
                                    ``(II) such sums as are necessary 
                                to carry out paragraph (5)(A)(ii) for 
                                each of fiscal years 2023 through 2029; 
                                and''; and
                            (ii) in clause (ii), by striking 
                        ``(5)(A)(ii)'' and inserting ``(5)(A)(iii)''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in section 703 of the FAFSA 
        Simplification Act (title VII of division FF of Public Law 116-
        260) and in accordance with section 701(b) of such Act.

SEC. 20032. FEDERAL STUDENT AID ELIGIBILITY.

    Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1091(a)(5)) is amended by inserting ``, or, with respect to any grant, 
loan, or work assistance received under this title for award years 
2022-2023 through 2029-2030, be subject to a grant of deferred enforced 
departure or have deferred action pursuant to the Deferred Action for 
Childhood Arrivals policy of the Secretary of Homeland Security or 
temporary protected status under section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a)'' after ``becoming a citizen or 
permanent resident''.

SEC. 20033. ACTIVE DUTY DEFERMENT PERIODS COUNTED TOWARD PUBLIC SERVICE 
              LOAN FORGIVENESS.

    Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 
1087e(m)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``paragraph (2)'' and inserting ``paragraph 
        (3)''; and
            (3) by inserting after paragraph (1) the following:
            ``(2) Active duty deferment periods.--
                    ``(A) In general.--Notwithstanding paragraph(1)(A) 
                and subject to subparagraph (B), the Secretary shall 
                deem each month for which a loan payment was in 
                deferment under subsection (f)(2) of this section or 
                for which a loan payment was in forbearance under 
                section 685.205(a)(7) of title 34, Code of Federal 
                Regulations, (or similar successor regulations), for a 
                borrower described in subsection (f)(2)(C) as if the 
                borrower of the loan had made a payment for the purpose 
                of public service loan forgiveness under this 
                subsection.
                    ``(B) Limitation.--Subparagraph (A) shall apply 
                only to eligible Federal Direct Loans originated before 
                the first day of fiscal year 2031.''.

Subpart C--Investments in Historically Black Colleges and Universities, 
  Tribal Colleges and Universities, and Minority-Serving Institutions

SEC. 20041. INSTITUTIONAL AID.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated--
            (1) $113,738,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(B) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 
        2022;
            (2) $113,738,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(B) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 
        2023;
            (3) $113,738,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(B) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 
        2024;
            (4) $113,738,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(B) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 
        2025;
            (5) $113,738,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(B) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)) in fiscal year 
        2026;
            (6) $113,738,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(C) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 
        2022;
            (7) $113,738,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(C) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 
        2023;
            (8) $113,738,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(C) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 
        2024;
            (9) $113,738,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(C) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 
        2025;
            (10) $113,738,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(C) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(C)) in fiscal year 
        2026;
            (11) $34,104,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(D)(i) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal 
        year 2022;
            (12) $34,104,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(D)(i) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal 
        year 2023;
            (13) $34,104,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(D)(i) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal 
        year 2024;
            (14) $34,104,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(D)(i) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal 
        year 2025;
            (15) $34,104,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(D)(i) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(i)) in fiscal 
        year 2026;
            (16) $17,052,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(D)(ii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal 
        year 2022;
            (17) $17,052,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(D)(ii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal 
        year 2023;
            (18) $17,052,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(D)(ii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal 
        year 2024;
            (19) $17,052,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(D)(ii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal 
        year 2025;
            (20) $17,052,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(D)(ii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(ii)) in fiscal 
        year 2026;
            (21) $5,684,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(D)(iii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal 
        year 2022;
            (22) $5,684,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(D)(iii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal 
        year 2023;
            (23) $5,684,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(D)(iii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal 
        year 2024;
            (24) $5,684,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(D)(iii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal 
        year 2025;
            (25) $5,684,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(D)(iii) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iii) in fiscal 
        year 2026;
            (26) $5,684,000, to remain available until September 30, 
        2022, for carrying out section 371(b)(2)(D)(iv) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal 
        year 2022;
            (27) $5,684,000, to remain available until September 30, 
        2023, for carrying out section 371(b)(2)(D)(iv) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal 
        year 2023;
            (28) $5,684,000, to remain available until September 30, 
        2024, for carrying out section 371(b)(2)(D)(iv) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal 
        year 2024;
            (29) $5,684,000, to remain available until September 30, 
        2025, for carrying out section 371(b)(2)(D)(iv) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal 
        year 2025; and
            (30) $5,684,000, to remain available until September 30, 
        2026, for carrying out section 371(b)(2)(D)(iv) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(b)(2)(D)(iv) in fiscal 
        year 2026;
    (b) Use of Funds.--The Secretary shall use 15 percent of each of 
the amounts appropriated under paragraphs (6) through (10) of 
subsection (a) to award 25 additional grants under section 
371(b)(2)(C)(ii).

SEC. 20042. RESEARCH AND DEVELOPMENT INFRASTRUCTURE COMPETITIVE GRANT 
              PROGRAM.

    Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et 
seq.) is amended--
            (1) by redesignating part G as part H; and
            (2) by inserting after section 371 the following:

``PART G--IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE FOR MINORITY-
                          SERVING INSTITUTIONS

``SEC. 381. IMPROVING RESEARCH & DEVELOPMENT INFRASTRUCTURE FOR 
              MINORITY-SERVING INSTITUTIONS.

    ``(a) Eligible Institution.--In this section, the term `eligible 
institution' means an institution that--
            ``(1) is described in section 371(a);
            ``(2) is a 4-year institution; and
            ``(3) is not an institution classified as very high 
        research activity by the Carnegie Classification of 
        Institutions of Higher Education.
    ``(b) Authorization of Grant Programs.--
            ``(1) Planning grants.--The Secretary shall award planning 
        grants, on a competitive basis, to eligible institutions to 
        assist the eligible institutions in developing a strategic 
        plan, assessing capacity, and carrying out other activities to 
        develop and submit an application for an implementation grant 
        under paragraph (2) to support research and development 
        infrastructure. Planning grants awarded under this paragraph 
        shall be for a period of 1 to 2 years.
            ``(2) Implementation grants.--The Secretary shall award 
        implementation grants, on a competitive basis, to eligible 
        institutions to assist the eligible institutions in supporting 
        research and development infrastructure. Implementation grants 
        awarded under this paragraph shall be for a period of 1 to 5 
        years.
    ``(c) Applications.--
            ``(1) In general.--
                    ``(A) Planning grants.--An eligible institution 
                that desires to receive a planning grant under 
                subsection (b)(1) shall submit an application to the 
                Secretary. Such application shall include--
                            ``(i) a description of the activities that 
                        will be carried out with grant funds; and
                            ``(ii) an assurance that the grant funds 
                        provided under subsection (b)(1) shall be used 
                        to supplement, and not supplant, other Federal, 
                        State, tribal, and local funds that would 
                        otherwise be expended to develop a plan, assess 
                        capacity, or carry out other activities related 
                        to research and development infrastructure.
                    ``(B) Implementation grants.--
                            ``(i) In general.--An eligible institution 
                        that desires to receive an implementation grant 
                        under subsection (b)(2) shall submit an 
                        application to the Secretary. Such application 
                        shall include--
                                    ``(I) a description of the projects 
                                that will be carried out with grant 
                                funds and, in the case of an 
                                institution that was previously awarded 
                                a planning grant under subsection 
                                (b)(1), the strategic plan developed as 
                                part of such planning grant;
                                    ``(II) a description of how such 
                                projects will support the research and 
                                development infrastructure of the 
                                institution; and
                                    ``(III) an assurance that the grant 
                                funds provided under subsection (b)(2) 
                                shall be used to supplement, and not 
                                supplant, other Federal, State, tribal, 
                                and local funds that would otherwise be 
                                expended to support research and 
                                development infrastructure.
            ``(2) Consortia.--An eligible institution may apply to 
        receive a grant under this section on behalf of a consortium, 
        which may include institutions classified as very high research 
        activity by the Carnegie Classification of Institutions of 
        Higher Education, two-year institutions of higher education, 
        and other academic partners, philanthropic organizations, and 
        industry partners, provided that the eligible institution is 
        the lead member and fiscal agent of the consortium.
            ``(3) No comprehensive development plan.--The requirement 
        under section 391(b)(1) shall not apply to grants awarded under 
        this section.
    ``(d) Priority in Awards.--In awarding planning and implementation 
grants under this section, the Secretary shall give priority to 
eligible institutions that meet any of the following:
            ``(1) Received less than $10,000,000 for the previous 
        fiscal year for research and development from all Federal 
        sources combined, except that, in the case of an eligible 
        institution being considered for an implementation grant, the 
        calculation of such amount shall not include a planning grant 
        under this section.
            ``(2) In the case of eligible institutions being considered 
        for an implementation grant, have received a planning grant 
        under this section and have developed and submitted to the 
        Secretary a high-quality strategic plan, in accordance with the 
        requirements of such planning grant.
    ``(e) Use of Funds.--
            ``(1) Planning grants.--An eligible institution that 
        receives a planning grant under subsection (b)(1) shall use the 
        grant funds to develop a strategic plan, assess capacity, and 
        carry out other activities to develop and submit an application 
        for an implementation grant to support research and development 
        infrastructure. In carrying out the activities under such 
        grant, each such eligible institution--
                    ``(A) shall develop a high-quality strategic plan 
                for improving institutional research and development 
                infrastructure that includes--
                            ``(i) an assessment of the existing 
                        institutional research capacity and research 
                        and development infrastructure; and
                            ``(ii) a detailed description of how 
                        research and development infrastructure funds 
                        provided by an implementation grant under this 
                        section would be used to increase institutional 
                        research capacity and support research and 
                        development infrastructure; and
                    ``(B) in developing such strategic plan, may work 
                in partnership with entities described in subsection 
                (c)(2) to identify and secure non-Federal funding to 
                support research and development infrastructure.
            ``(2) Implementation grants.--An eligible institution that 
        receives an implementation grant under subsection (b)(2) shall 
        use the grant funds to support research and development 
        infrastructure, which shall include carrying out at least one 
        of the following activities:
                    ``(A) Providing funding for a program under 
                paragraph (1), (2), or (9) of section 311(c) or under 
                paragraph (1), (2), or (8) of section 503(b) related to 
                research and development infrastructure that is being 
                carried out by the eligible institution on the date on 
                which the eligible institution receives a grant under 
                this section.
                    ``(B) Providing for the improvement of 
                infrastructure existing on the date of the grant award, 
                including deferred maintenance, or the establishment of 
                new physical infrastructure, including instructional 
                program spaces, laboratories, or research facilities 
                relating to the fields of science, technology, 
                engineering, the arts, mathematics, health, 
                agriculture, education, medicine, law, and other 
                disciplines.
                    ``(C) Hiring and retaining faculty, students, 
                research-related staff, or other personnel, including 
                research personnel skilled in operating, using, or 
                applying technology, equipment, or devices used to 
                conduct or support research.
                    ``(D) Supporting research internships and 
                fellowships for students, including undergraduate, 
                graduate, and post-doctoral positions, which may 
                include providing direct student financial assistance 
                to such students.
                    ``(E) Creating new, or expanding existing, academic 
                positions, including internships, fellowships, and 
                post-doctoral positions, in fields of research for 
                which research and development infrastructure funds 
                have been awarded under this section.
                    ``(F) Creating and supporting inter- and intra-
                institutional research centers (including formal and 
                informal communities of practice) in fields of research 
                for which research and development infrastructure funds 
                have been awarded under this section, including hiring 
                staff, purchasing supplies and equipment, and funding 
                travel to relevant conferences and seminars to support 
                the work of such centers.
                    ``(G) Building new institutional support structures 
                and departments that help faculty learn about, and 
                increase faculty and student access to, Federal 
                research and development grant funds and non-Federal 
                academic research grants.
                    ``(H) Building data and collaboration 
                infrastructure so that early findings and research can 
                be securely shared to facilitate peer review and other 
                appropriate collaboration.
                    ``(I) Providing programs of study and courses in 
                fields of research for which research and development 
                infrastructure funds have been awarded under this 
                section.
                    ``(J) Paying operating and administrative expenses 
                for, and coordinating project partnerships with members 
                of, a consortium described in subsection (c)(2) on 
                behalf of which the eligible institution has received a 
                grant under this section.
                    ``(K) Installing or extending the life and 
                usability of basic systems and components of campus 
                facilities related to research, including high-speed 
                broadband internet infrastructure sufficient to support 
                digital and technology-based learning.
                    ``(L) Expanding, remodeling, renovating, or 
                altering biomedical and behavioral research facilities 
                existing on the date of the grant award that receive 
                support under section 404I of the Public Health Service 
                Act (42 U.S.C. 283k).
                    ``(M) Acquiring and installing furniture, fixtures, 
                and instructional research-related equipment and 
                technology for academic instruction in campus 
                facilities in fields of research for which research and 
                development infrastructure funds have been awarded 
                under this section.
                    ``(N) Providing increased funding to programs that 
                support research and development at the eligible 
                institution that are funded by National Institutes of 
                Health, including the Path to Excellence and Innovation 
                program with the National Institutes of Health.
    ``(f) Eligibility for Benefits.--No individual shall be determined 
to be ineligible to receive benefits provided with grant funds awarded 
under this section (including direct student financial assistance) on 
the basis of citizenship, alienage, or immigration status.
    ``(g) Sunset.--
            ``(1) In general.--The authority to make--
                    ``(A) planning grants under subsection (b)(1) shall 
                expire at the end of fiscal year 2025; and
                    ``(B) implementation grants under subsection (b)(2) 
                shall expire at the end of fiscal year 2027.
            ``(2) Inapplicability of gepa contingent extension of 
        programs.--Section 422 of the General Education Provisions Act 
        (20 U.S.C. 1226a) shall not apply to this section.
    ``(h) Appropriations.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $2,000,000,000, to remain 
available until September 30, 2028, for carrying out this section.''.

                         PART 3--MISCELLANEOUS

SEC. 20051. OFFICE OF INSPECTOR GENERAL.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $35,000,000, to remain 
available until expended, for the Office of Inspector General of the 
Department of Education, for salaries and expenses necessary for 
oversight, investigations, and audits of programs, grants, and projects 
funded under this subtitle and sections 22101 and 22102 carried out by 
the Office of Inspector General.

SEC. 20052. PROGRAM ADMINISTRATION FUNDS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $738,000,000, to remain 
available until expended, for necessary administrative expenses 
associated with carrying out this subtitle and sections 22101 and 
22102.

SEC. 20053. STUDENT AID ADMINISTRATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $91,000,000, to remain 
available through September 30, 2030, for Student Aid Administration 
within the Department of Education for necessary administrative 
expenses associated with carrying out this subtitle.

                       Subtitle B--Labor Matters

SEC. 21001. DEPARTMENT OF LABOR.

    In addition to amounts otherwise available, out of any money in the 
Treasury not otherwise appropriated, there are appropriated to the 
Department of Labor for fiscal year 2022, to remain available until 
September 30, 2026, the following amounts:
            (1) $195,000,000 to the Employee Benefits Security 
        Administration for carrying out enforcement activities.
            (2) $707,000,000 to the Occupational Safety and Health 
        Administration for carrying out enforcement, standards 
        development, whistleblower investigations, compliance 
        assistance, funding for State plans, and related activities 
        within the Occupational Safety and Health Administration.
            (3) $133,000,000 to the Mine Safety and Health 
        Administration for carrying out enforcement, standard setting, 
        technical assistance, and related activities.
            (4) $405,000,000 to the Wage and Hour Division for carrying 
        out activities.
            (5) $121,000,000 to the Office of Workers' Compensation 
        Programs for carrying out activities of the Office relating to 
        claims activity, policy and standards development, and 
        monitoring of State workers' compensation programs.
            (6) $201,000,000 to the Office of Federal Contract 
        Compliance Programs for carrying out audit, investigation, 
        enforcement, and compliance assistance, and other activities.
            (7) $176,000,000 to the Office of the Solicitor for 
        carrying out necessary legal support for activities carried out 
        by the Office related to and in support of the activities of 
        those Department of Labor agencies receiving additional funding 
        in this section.

SEC. 21002. NATIONAL LABOR RELATIONS BOARD.

    In addition to amounts otherwise available, out of any money in the 
Treasury not otherwise appropriated, there are appropriated to the 
National Labor Relations Board for fiscal year 2022, $350,000,000, to 
remain available until September 30, 2026, for carrying out the 
activities of the Board, of which not more than $5,000,000 shall be for 
the implementation of systems to conduct electronic voting for union 
representation elections.

SEC. 21003. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

    In addition to amounts otherwise available, out of any money in the 
Treasury not otherwise appropriated, there are appropriated to the 
Equal Employment Opportunity Commission for fiscal year 2022, 
$321,000,000, to remain available until September 30, 2026, for 
carrying out investigation, enforcement, outreach, and related 
activities.

SEC. 21004. ADJUSTMENT OF CIVIL PENALTIES.

    (a) Occupational Safety and Health Act of 1970.--Section 17 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended--
            (1) in subsection (a)--
                    (A) by striking ``$70,000'' and inserting 
                ``$700,000''; and
                    (B) by striking ``$5,000'' and inserting 
                ``$50,000'';
            (2) in subsection (b), by striking ``$7,000'' and inserting 
        ``$70,000''; and
            (3) in subsection (d), by striking ``$7,000'' and inserting 
        ``$70,000''.
    (b) Fair Labor Standards Act of 1938.--Section 16(e) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``$11,000'' and 
                inserting ``$132,270''; and
                    (B) in clause (ii), by striking ``$50,000'' and 
                inserting ``$601,150''; and
            (2) in paragraph (2)--
                    (A) in the first sentence, by striking ``$1,100'' 
                and inserting ``$20,740''; and
                    (B) in the second sentence, by striking ``$1,100'' 
                and inserting ``$11,620''.
    (c) Migrant and Seasonal Agricultural Worker Protection Act.--
Section 503(a)(1) of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1853(a)(1)) is amended by striking ``$1,000'' 
and inserting ``$25,790''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

SEC. 21005. CIVIL MONETARY PENALTIES FOR PARITY VIOLATIONS.

    (a) Civil Monetary Penalties Relating to Parity in Mental Health 
and Substance Use Disorders.--Section 502(c)(10) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) is 
amended--
            (1) in the heading, by striking ``use of genetic 
        information'' and inserting ``use of genetic information and 
        parity in mental health and substance use disorder benefits''; 
        and
            (2) in subparagraph (A)--
                    (A) by striking ``any plan sponsor of a group 
                health plan'' and inserting ``any plan sponsor or plan 
                administrator of a group health plan''; and
                    (B) by striking ``for any failure'' and all that 
                follows through ``in connection with the plan.'' and 
                inserting ``for any failure by such sponsor, 
                administrator, or issuer, in connection with the plan--
                            ``(i) to meet the requirements of 
                        subsection (a)(1)(F), (b)(3), (c), or (d) of 
                        section 702 or section 701 or 702(b)(1) with 
                        respect to genetic information; or
                            ``(ii) to meet the requirements of 
                        subsection (a) of section 712 with respect to 
                        parity in mental health and substance use 
                        disorder benefits.''.
    (b) Exception to the General Prohibition on Enforcement.--Section 
502 of such Act (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``or (9)'' and 
        inserting ``(9), or (10)''; and
            (2) in subsection (b)(3)--
                    (A) by striking ``subsections (c)(9) and (a)(6)'' 
                and inserting ``subsections (c)(9), (c)(10), and 
                (a)(6)'';
                    (B) by striking ``under subsection (c)(9))'' and 
                inserting ``under subsections (c)(9) and (c)(10)), and 
                except with respect to enforcement by the Secretary of 
                section 712''; and
                    (C) by striking ``706(a)(1)'' and inserting 
                ``733(a)(1)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to group health plans, or any health insurance 
issuer offering health insurance coverage in connection with such plan, 
for plan years beginning after the date that is 1 year after the date 
of enactment of this Act.

SEC. 21006. PENALTIES UNDER THE NATIONAL LABOR RELATIONS ACT.

    (a) In General.--Section 12 of the National Labor Relations Act (29 
U.S.C. 162) is amended--
            (1) by striking ``sec. 12. Any person'' and inserting the 
        following:

``SEC. 12. PENALTIES.

    ``(a) Violations for Interference With Board.--Any person''; and
            (2) by adding at the end the following:
    ``(b) Civil Penalties for Unfair Labor Practices.--Any employer who 
commits an unfair labor practice within the meaning of section 8(a) 
affecting commerce shall be subject to a civil penalty in an amount not 
to exceed $50,000 for each such violation, except that, with respect to 
such an unfair labor practice within the meaning of paragraph (3) or 
(4) of section 8(a) or such a violation of section 8(a) that results in 
the discharge of an employee or other serious economic harm to an 
employee, the Board shall double the amount of such penalty, to an 
amount not to exceed $100,000, in any case where the employer has 
within the preceding 5 years committed another such violation of such 
paragraph (3) or (4) or such violation of section 8(a) that results in 
such discharge or other serious economic harm. A civil penalty under 
this paragraph shall be in addition to any other remedy ordered by the 
Board.
    ``(c) Considerations.--In determining the amount of any civil 
penalty under this section, the Board shall consider--
            ``(1) the gravity of the actions of the employer resulting 
        in the penalty, including the impact of such actions on the 
        charging party or on other persons seeking to exercise rights 
        guaranteed by this Act;
            ``(2) the size of the employer;
            ``(3) the history of previous unfair labor practices or 
        other actions by the employer resulting in a penalty; and
            ``(4) the public interest.
    ``(d) Director and Officer Liability.--If the Board determines, 
based on the particular facts and circumstances presented, that a 
director or officer's personal liability is warranted, a civil penalty 
for a violation described in this section may also be assessed against 
any director or officer of the employer who directed or committed the 
violation, had established a policy that led to such a violation, or 
had actual or constructive knowledge of and the authority to prevent 
the violation and failed to prevent the violation.''.
    (b) Additional Penalties.--The National Labor Relations Act (29 
U.S.C. 151 et seq.) is amended by inserting after section 12 (29 U.S.C. 
162) the following:

``SEC. 12A. ADDITIONAL PENALTIES.

    ``(a) Civil Penalties for Additional Conduct.--Any employer who 
violates subsection (d) affecting commerce shall be subject to a civil 
penalty in an amount not to exceed $50,000 for each such violation, 
except that, with respect to such a violation that results in the 
discharge of an employee or other serious economic harm to an employee, 
the Board shall double the amount of such penalty, to an amount not to 
exceed $100,000, in any case where the employer has within the 
preceding 5 years committed another such violation of subsection (d) 
that results in such discharge or other serious economic harm.
    ``(b) Considerations.--In determining the amount of any civil 
penalty under this section, the Board shall consider--
            ``(1) the gravity of the actions of the employer resulting 
        in the penalty, including the impact of such actions on the 
        charging party or on other persons seeking to exercise rights 
        guaranteed by this Act;
            ``(2) the size of the employer;
            ``(3) the history of previous unfair labor practices or 
        other actions by the employer resulting in a penalty; and
            ``(4) the public interest.
    ``(c) Director and Officer Liability.--If the Board determines, 
based on the particular facts and circumstances presented, that a 
director or officer's personal liability is warranted, a civil penalty 
for a violation described in this section may also be assessed against 
any director or officer of the employer who directed or committed the 
violation, had established a policy that led to such a violation, or 
had actual or constructive knowledge of and the authority to prevent 
the violation and failed to prevent the violation.
    ``(d) Prohibition.--It shall be unlawful for an employer--
            ``(1) to promise, threaten, or take any action--
                    ``(A) to permanently replace an employee who 
                participates in a strike as defined by section 501(2) 
                of the Labor Management Relations Act, 1947 (29 U.S.C. 
                142(2));
                    ``(B) to discriminate against an employee who is 
                working or has unconditionally offered to return to 
                work for the employer because the employee supported or 
                participated in such a strike; or
                    ``(C) to lockout, suspend, or otherwise withhold 
                employment from employees in order to influence the 
                position of such employees or the representative of 
                such employees in collective bargaining prior to a 
                strike;
            ``(2) to communicate or misrepresent to an employee under 
        section 2(3) that such employee is excluded from the definition 
        of employee under section 2(3);
            ``(3) to require or coerce an employee to attend or 
        participate in such employer's campaign activities unrelated to 
        the employee's job duties, including activities that are 
        subject to the requirements under section 203(b) of the Labor-
        Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
        433(b)); or
            ``(4) to violate subsection (e).
    ``(e) Collective Action.--
            ``(1) In general.--No employer shall--
                    ``(A) enter into or attempt to enforce any 
                agreement, express or implied, whereby prior to a 
                dispute to which the agreement applies, an employee 
                undertakes or promises not to pursue, bring, join, 
                litigate, or support any kind of joint, class, or 
                collective claim arising from or relating to the 
                employment of such employee in any forum that, but for 
                such agreement, is of competent jurisdiction;
                    ``(B) coerce an employee into undertaking or 
                promising not to pursue, bring, join, litigate, or 
                support any kind of joint, class, or collective claim 
                arising from or relating to the employment of such 
                employee; or
                    ``(C) retaliate or threaten to retaliate against an 
                employee for refusing to undertake or promise not to 
                pursue, bring, join, litigate, or support any kind of 
                joint, class, or collective claim arising from or 
                relating to the employment of such employee.
            ``(2) Exception.--This subsection shall not apply to any 
        agreement embodied in or expressly permitted by a contract 
        between an employer and a labor organization.
    ``(f) Enforcement.--The provisions of section 10 and 11 shall apply 
to a violation of this section in the same manner as such provisions 
apply to an unfair labor practice, except that--
            ``(1) an order under section 10 with respect to a violation 
        of this section--
                    ``(A) shall require only that the person in such 
                violation pay a civil penalty under subsection (a); and
                    ``(B) shall not include a requirement for a person 
                to cease and desist such violation or any form of 
                affirmative action other than the payment of such 
                penalty;
            ``(2) a petition under subsection (e) of section 10 with 
        respect to a violation of this section may be only for 
        enforcement of an order for the payment of a civil penalty 
        under subsection (a);
            ``(3) a petition under subsection (f) of section 10 with 
        respect to a violation of this section may be only for review 
        of an order for the payment of such a civil penalty; and
            ``(4) a court under section 10 may not grant any form of 
        relief, including temporary relief, a restraining order, or any 
        other form of injunctive relief, for a violation of this 
        section other than a decree to enforce, modify, or set aside in 
        whole or in part an order of the Board imposing a civil penalty 
        under subsection (a) for a violation of this section.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

               Subtitle C--Workforce Development Matters

                      PART 1--DEPARTMENT OF LABOR

SEC. 22001. DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$16,000,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, which shall 
be reserved and allotted to States in accordance with subsection (b)(2) 
of section 132 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3172), reserved and allocated to local areas in accordance with 
subsections (a) and (b)(1)(B) of section 133 of such Act (29 U.S.C. 
3173), and reserved by such local areas as follows:
            (1) Not less than 20 percent shall be reserved for carrying 
        out the career services authorized under subsection (c)(2) of 
        section 134 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3174) and expanding access to the individualized career 
        services described in section 134(c)(2)(A)(xii) of such Act (29 
        U.S.C. 3174(c)(2)(A)(xii)).
            (2) Not less than 20 percent shall be reserved for carrying 
        out the supportive services and providing the needs-related 
        payments authorized under paragraphs (2) and (3) of section 
        134(d) of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3174(d)), except that for purposes of the reservation 
        under this paragraph the requirements of subparagraphs (B) and 
        (C) of paragraph (3) of such section shall not apply; and
            (3) Not less than 50 percent shall be reserved for carrying 
        out the training services--
                    (A) of which, not less than 60 percent shall be 
                made available for individual training accounts 
                authorized under section 134(c)(3) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)).
                    (B) except that for purposes of providing 
                transitional jobs as part of those services under this 
                section, section 134(d)(5) of such Act (29 U.S.C. 
                3174(d)(5)) shall be applied by substituting ``40 
                percent'' for ``10 percent''.
    (b) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to provide employment 
and training activities for dislocated workers, including funds 
provided under the Workforce Innovation and Opportunity Act (29 U.S.C. 
3101 et seq.).

SEC. 22002. ADULT WORKER EMPLOYMENT AND TRAINING ACTIVITIES.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$15,000,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, which shall 
be reserved and allotted to States in accordance with subsection (b)(1) 
of section 132 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3172), reserved and allocated to local areas in accordance with 
subsections (a) and (b)(1)(A) of section 133 of such Act (29 U.S.C. 
3173), and reserved by such local areas as follows:
            (1) Not less than 20 percent shall be reserved for carrying 
        out the career services authorized under subsection (c)(2) of 
        section 134 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3174) and expanding access to the individualized career 
        services described in section 134(c)(2)(A)(xii) of such Act (29 
        U.S.C. 3174(c)(2)(A)(xii)).
            (2) Not less than 10 percent shall be reserved for carrying 
        out the supportive services and providing the needs-related 
        payments authorized under paragraphs (2) and (3) of section 
        134(d) of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3174(d)).
            (3) Not less than 50 percent shall be reserved for carrying 
        out the training services--
                    (A) of which, not less than 60 percent shall be 
                made available for individual training accounts or 
                contracts authorized under of section 134(c)(3) of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3174(c)(3)); and
                    (B) except that for purposes of providing incumbent 
                worker training as part of those services under this 
                section, if such training is provided to low-wage 
                workers, section 134(d)(4)(A)(i) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 
                3174(d)(4)(A)(i)) shall be applied by substituting ``40 
                percent'' for ``20 percent''.
    (b) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to provide adult 
employment and training activities, including funds provided under the 
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

SEC. 22003. YOUTH WORKFORCE INVESTMENT ACTIVITIES.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$9,054,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, which shall 
be reserved and allotted to States in accordance with subparagraphs (B) 
and (C) of section 127(b)(1) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3162(b)(1)), reserved and allocated to local 
areas in accordance with subsections (a) and (b) of section 128 of such 
Act (29 U.S.C. 3163), and reserved by such local areas as follows:
            (1) 25 percent shall be reserved for carrying out the youth 
        workforce investment activities authorized under section 129 of 
        the Workforce Innovation and Opportunity Act (29 U.S.C. 3164 et 
        seq.).
            (2) 75 percent shall be reserved to provide opportunities 
        for in-school youth and out-of-school youth to participate in 
        paid work experiences described in subsection (c)(2)(C) of 
        section 129 of the Workforce Innovation and Opportunity Act (29 
        U.S.C. 3164).
    (b) Partnerships.--Not less than 20 percent of amounts made 
available under subsection (a) shall be used by local areas to partner 
with community-based organizations serving out-of-school youth to carry 
out activities described in paragraphs (1) and (2) of subsection (a), 
including those residing in high-crime or high-poverty areas.
    (c) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended for youth workforce 
investment activities, including funds provided under the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).

SEC. 22004. EMPLOYMENT SERVICE.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, the following 
amounts, to remain available until September 30, 2026, except that no 
amounts may be expended after September 30, 2031
            (1) $1,250,000,000 for carrying out the State grant 
        activities authorized under section 7 of the Wagner-Peyser Act 
        (29 U.S.C. 49f), which shall be allotted in accordance with 
        section 6 of such Act (29 U.S.C. 49e), except that, for 
        purposes of this section, funds shall also be provided to the 
        Commonwealth of the Northern Mariana Islands and American Samoa 
        in amounts the Secretary determines appropriate prior to the 
        allotments being made in accordance with section 6 of such Act 
        (29 U.S.C. 49d).
            (2) $100,000,000 for carrying out improvements to the 
        workforce and labor market information systems authorized under 
        section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

SEC. 22005. RE-ENTRY EMPLOYMENT OPPORTUNITIES.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $3,600,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for carrying out ex-offender 
activities, under the authority of section 169 of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3224). Not less than 25 
percent of such funds shall be for competitive grants to national and 
regional intermediaries for activities that prepare for employment of 
young adults with criminal records, young adults who have been justice 
system-involved, or young adults who have dropped out of school or 
other educational programs, with a priority for projects serving high-
crime, high-poverty areas.

SEC. 22006. REGISTERED APPRENTICESHIPS, YOUTH APPRENTICESHIPS, AND PRE-
              APPRENTICESHIPS.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any amounts in the Treasury not otherwise appropriated, 
$5,000,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, to carry out 
activities through grants, cooperative agreements, contracts or other 
arrangements, with States and other appropriate entities, including 
equity intermediaries and business and labor industry partner 
intermediaries, to create or expand only--
            (1) apprenticeship programs registered under the Act of 
        August 16, 1937 (commonly known as the ``National 
        Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
        et seq.); and
            (2) youth apprenticeship programs and pre-apprenticeship 
        programs that articulate to apprenticeship programs described 
        in paragraph (1).
    (b) Reservation.--Not less than 50 percent of the funds made 
available under section (a) shall be reserved for--
            (1) entities serving a high number or high percentage of 
        individuals with barriers to employment (as defined in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102)), including individuals with disabilities, or 
        nontraditional apprenticeship populations; or
            (2) youth apprenticeships or pre-apprenticeships that 
        articulate to such registered apprenticeships programs.

SEC. 22007. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS.

    (a) Definitions.--In this section--
            (1) Eligible institution.--The term ``eligible 
        institution'' means an institution of higher education (as 
        defined in section 101 or 102(c) of the Higher Education Act of 
        1965 (20 U.S.C. 1001, 1002(c)), including a Tribal College or 
        University (as defined in section 316 of such Act (20 U.S.C. 
        1059c)), or a consortium of such institutions--
                    (A) at which the highest degree awarded is an 
                associate degree; or an associate degree is the 
                predominant degree awarded; and
                    (B) that is working directly with an industry or 
                sector partnership, or in the process of establishing 
                such partnership, to carry out a grant under this 
                section.
            (2) Perkins cte definitions.--The terms ``career and 
        technical education'', ``career guidance and academic 
        counseling'' , ``dual or concurrent enrollment program'', 
        ``evidence-based'' and ``work-based learning'' have the 
        meanings given the terms in section 3 of the Carl D. Perkins 
        Career and Technical Education Act of 2006 (20 U.S.C. 2302).
            (3) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means an apprenticeship 
        registered under the Act of August 16, 1937 (commonly known as 
        the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 
        29 U.S.C. 50 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) Wioa definitions.--
                    (A) In general.--The terms ``career pathway'', 
                ``in-demand industry sector or occupation'', 
                ``individual with a barrier to employment'', ``industry 
                or sector partnership'', ``integrated education and 
                training'', ``recognized postsecondary credential'' and 
                ``supportive services'' have the meanings given the 
                terms in section 3 of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3102).
                    (B) Career services.--The term ``career services'' 
                means services described in section 134(c)(2) of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3174(c)(2)).
    (b) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$2,000,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, to carry out 
this section.
    (c) Grants.--From funds appropriated under subsection (b) and not 
reserved under subsection (e), and under the authority of section 
169(b)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3224(b)(5)), the Secretary shall award grants on a competitive basis to 
eligible institutions for the purposes of expanding workforce 
development and employment opportunities in high-skill, high-wage, or 
in-demand industry sectors or occupations. To receive such a grant, an 
eligible institution shall submit to the Secretary an application at 
such time, in such manner, and containing such information as specified 
by the Secretary, including a description of the related programs, 
recognized postsecondary credentials, and employment opportunities.
    (d) Use of Grant Funds.--
            (1) In general.--An eligible institution awarded a grant 
        under this section shall use such grant funds to expand 
        opportunities for attainment of recognized postsecondary 
        credentials that are nationally portable and stackable for 
        high-skill, high-wage, or in-demand industry sectors or 
        occupations by--
                    (A) establishing, improving, or scaling high-
                quality, evidence-based education and training 
                programs, such as career and technical education 
                programs, career pathway programs, and work-based 
                learning programs (including programs of registered 
                apprenticeships or pre-apprenticeships that articulate 
                to registered apprenticeships);
                    (B) creating, developing, or expanding articulation 
                agreements (as defined in section 486A(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1093a(a))), credit 
                transfer agreements, corequisite remediation programs, 
                dual or concurrent enrollment programs, or policies and 
                processes to award academic credit for prior learning 
                or career training programs supported by the funds 
                described in subsection (c);
                    (C) making available open, searchable, and 
                comparable information on curriculum or recognized 
                postsecondary credentials, including those created or 
                developed using such funds, and information on the 
                related skills or competencies, and related employment 
                and earnings outcomes;
                    (D) establishing or implementing plans for 
                providers of programs supported with such funds to be 
                included on the eligible training services provider 
                list described in section 122(d) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3152(d));
                    (E) purchasing, leasing, or refurbishing 
                specialized equipment necessary to carry out the 
                education or career training programs supported by such 
                funds;
                    (F) reducing or eliminating out-of-pocket expenses 
                related to participants' cost of attendance in the 
                education or career training activities supported by 
                such funds; or
                    (G) establishing or expanding industry or sector 
                partnerships to successfully carry out the activities 
                described in subparagraphs (A) through (F).
            (2) Reservation.--An eligible institution awarded a grant 
        under this section shall use not less than 15 percent of such 
        grant funds to provide services to help individuals with 
        barriers to employment complete and successfully transition out 
        of education or career training programs supported by such 
        funds, which shall include providing supportive services, 
        career services, career guidance and academic counseling, or 
        job placement assistance.
    (e) Reservations.--From the amounts made available under subsection 
(b), the Secretary shall reserve not more than 5 percent for--
            (1) targeted outreach to eligible institutions serving a 
        high number or high percentage of low-income individuals or 
        individuals with barriers to employment, and rural-serving 
        eligible institutions, to provide guidance and assistance in 
        the grant application process under this section;
            (2) administration of the program described in this 
        section, including providing technical assistance and oversight 
        to support eligible institutions (including consortia of 
        eligible institutions); and
            (3) evaluating and reporting on the performance and impact 
        of programs funded under this section.
    (f) Supplement Not Supplant.--Amounts available to carry out this 
section shall be used to supplement and not supplant other Federal, 
State, and local public funds expended to support community college 
education or career training programs.

SEC. 22008. INDUSTRY OR SECTOR PARTNERSHIP GRANTS.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$10,000,000,000, to remain available until September 30, 2026, except 
that no amounts may be expended after September 30, 2031, to carry out 
this section.
    (b) Grants.--From amounts appropriated under subsection (a) and not 
reserved under subsection (d), and under the authority of section 
169(b)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3224(b)(5)), the Secretary shall award grants on a competitive basis to 
eligible partnerships for the purposes of expanding workforce 
development and employment opportunities for high-skill, high-wage, or 
in-demand industry sectors or occupations, including information 
technology, clean energy, arts and entertainment, infrastructure and 
transportation, advanced manufacturing, health care, public health, 
home care, and early childhood care and education. To receive such a 
grant, an eligible partnership shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as specified by the Secretary.
    (c) Uses of Funds.--An eligible partnership awarded such a grant 
under this section shall use--
            (1) such grant funds to engage and regularly convene 
        stakeholders in a collaborative structure to identify, develop, 
        improve, or expand training, employment, and growth 
        opportunities for the high-skill, high-wage, or in-demand 
        industry sector or occupation on which such partnership is 
        focused;
            (2) not less than 50 percent of such grant funds to 
        directly provide, or arrange for the provision of, high-
        quality, evidence-based training for the high-skill, high-wage, 
        or in-demand industry sector or occupation on which such 
        partnership is focused, which shall include--
                    (A) training services described in any clause of 
                subparagraph (D) of section 134(c)(3) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3174(c)(3))) 
                provided through contracts that meet the requirements 
                of that section 134(c)(3); or
                    (B) training provided through registered 
                apprenticeship programs, youth apprenticeship, or pre-
                apprenticeship programs that articulate to registered 
                apprenticeship programs, or through joint labor-
                management partnerships; and
                    (C) establishing or implementing plans for 
                providers of programs supported with such funds to be 
                included on the eligible training services provider 
                list described in section 122(d) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3152(d)).
            (3) not less than 15 percent of such grant funds to 
        directly provide, or arrange for the provision of, services to 
        help individuals with barriers to employment complete and 
        successfully transition out of training described in paragraph 
        (2), which services shall include career services, supportive 
        services, or the provision of needs-related payments authorized 
        under subsections (c)(2), (d)(2), and (d)(3) of section 134 of 
        the Workforce Innovation and Opportunity Act (29 U.S.C. 3174).
    (d) Reservations.--
            (1) In general.--From the amounts made available under 
        subsection (a), the Secretary shall reserve not more than 5 
        percent for--
                    (A) targeted outreach and support to eligible 
                partnerships serving local areas with high unemployment 
                rates or high percentages of individuals with low 
                incomes or individuals with barriers to employment, to 
                provide guidance and assistance in the grant 
                application process under this section;
                    (B) administration of the program described in this 
                section, including providing comprehensive technical 
                assistance and oversight to support eligible 
                partnerships; and
                    (C) evaluating and reporting on the performance and 
                impact of programs funded under this section.
            (2) State board or local board funds.--From amounts made 
        available under subsection (a), the Secretary shall reserve not 
        less than 5 percent to provide direct assistance to State 
        boards or local boards to support the creation or expansion of 
        industry or sector partnerships in local areas with high 
        unemployment rates or high percentages of individuals with low 
        incomes or individuals with barriers to employment, as compared 
        to State or national averages for such rates or percentages.
    (e) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended to support activities 
described in this section.
    (f) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means--
                    (A) an industry or sector partnership, which shall 
                include multiple representatives described in each of 
                clauses (i) through (iii) of paragraph (26)(A) of 
                section 3 of the Workforce Innovation and Opportunity 
                Act (29 U.S.C. 3102); or
                    (B) a partnership of multiple entities described in 
                section 3(26) of such Act (29 U.S.C. 3102(26)), and a 
                State board or local board, that is in the process of 
                establishing an industry or sector partnership.
            (2) Perkins cte definitions.--The terms ``career guidance 
        and academic counseling'' and ``evidence-based'' have the 
        meanings given the terms in section 3 of the Carl D. Perkins 
        Career and Technical Education Act of 2006 (20 U.S.C. 2302).
            (3) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means an apprenticeship 
        registered under the Act of August 16, 1937 (commonly known as 
        the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 
        29 U.S.C. 50 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (5) Wioa definitions.--The terms ``career pathway'', ``in-
        demand industry sector or occupation'', ``individual with a 
        barrier to employment'', ``industry or sector partnership'', 
        ``local area'', ``local board'', and ``State board'' have the 
        meanings given the terms in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).

SEC. 22009. JOB CORPS.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any amounts in the Treasury not otherwise appropriated, $1,500,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the Job Corps program 
authorized under section 143 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3193), including improving and expanding 
access to allowances and supports described in section 150 of such Act 
(29 U.S.C. 3200), except that for the purposes of this section, 
outlying areas as defined in section 3 of such Act (29 U.S.C. 3102) 
shall be considered eligible to receive funds under this section. Of 
such funds, no less than $750,000,000 shall be reserved for 
construction, rehabilitation and acquisition of Job Corps Centers.

SEC. 22010. NATIVE AMERICAN PROGRAMS.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any amounts in the Treasury not otherwise appropriated, $450,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the Native American 
programs authorized under the Workforce Innovation and Opportunity Act.

SEC. 22011. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any amounts in the Treasury not otherwise appropriated, $450,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the migrant and seasonal 
farmworker programs authorized under Workforce Innovation and 
Opportunity Act, except that, for purposes of providing services under 
those programs to low-income individuals under this section, section 
3(36)(A)(ii)(I) of such Act (29 U.S.C. 3102(36)(A)(ii)(I)) shall be 
applied by substituting ``150 percent of the poverty line'' for ``the 
poverty line''.

SEC. 22012. YOUTHBUILD PROGRAM.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any amounts in the Treasury not otherwise appropriated, $500,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the YouthBuild program 
authorized under the Workforce Innovation and Opportunity Act (29 
U.S.C. 3226), including for the purposes of improving and expanding 
access to services, stipends, wages, and benefits described in 
subsections (c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act.

SEC. 22013. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any amounts in the Treasury not otherwise appropriated, $100,000,000, 
to remain available until September 30, 2026, except that no amounts 
may be expended after September 30, 2031, for the Senior Community 
Service Employment program authorized under title V of the Older 
Americans Act (42 U.S.C. 3056 et seq.).

SEC. 22014. PROGRAM ADMINISTRATION.

    In addition to amounts otherwise made available, there is 
appropriated to the Department of Labor for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $720,000,000, to 
remain available until September 30, 2028, except that no amounts may 
be expended after September 30, 2031, for program administration within 
the Department of Labor for salaries and expenses necessary to 
implement this part, parts 3 and 4, and section 22402 of part 5 of this 
subtitle, including for management, legal, or other support necessary 
to implement such parts or section.

                    PART 2--DEPARTMENT OF EDUCATION

SEC. 22101. ADULT EDUCATION AND LITERACY.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Education for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$3,600,000,000, to remain available until September 30, 2028, to carry 
out title II of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3101 et seq.), which shall be reserved, and granted and allotted to 
eligible agencies in accordance with subsections (a), (b), and (c) of 
section 211 of such Act, respectively.
    (b) Requirement.--With respect to each eligible agency that 
receives funds appropriated by this section, for each fiscal year for 
which such eligible agency receives such funds, section 222(a)(1) of 
the Workforce Innovation and Opportunity Act (29 U.S.C. 3302(a)(1)) the 
shall be applied by substituting ``not less than 10 percent'' for ``not 
more than 20 percent''.

SEC. 22102. CAREER AND TECHNICAL EDUCATION.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Education for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, the 
following amounts, to remain available until September 30, 2028:
            (1) $3,000,000,000 for carrying out career and technical 
        education programs authorized under section 124 and section 135 
        of the Carl D. Perkins Career and Technical Education Act of 
        2006 (20 U.S.C. 2301 et seq.), which shall be allotted in 
        accordance with section 111 and section 112 of such Act (20 
        U.S.C. 2321, 2322), except that subsection (b) of section 112 
        of such Act (20 U.S.C. 2322) shall not apply.
            (2) $1,000,000,000 for carrying out the innovation and 
        modernization program described in subsection(e) of section 114 
        of the Carl D. Perkins Career and Technical Education Act of 
        2006 (20 U.S.C. 2324(e)), except that for purposes of this 
        paragraph--
                    (A) the 20 percent limitation in paragraph (1) of 
                such subsection, and paragraph (2) of such subsection, 
                shall not apply; and
                    (B) eligible agencies (as defined in section 3 of 
                such Act) shall be eligible to receive grants under 
                section 114(e) of such Act.
    (b) Supplement Not Supplant.--Amounts made available to carry out 
this section shall be used to supplement and not supplant other 
Federal, State, and local public funds expended for career and 
technical education programs, including the funds provided under the 
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
2301 et seq.).

 PART 3--COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT PROGRAM

SEC. 22201. COMPETITIVE INTEGRATED EMPLOYMENT TRANSFORMATION GRANT 
              PROGRAM.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Department of Labor, $300,000,000 for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, to remain available until expended, for the Secretary of 
Labor (referred to in this section as the ``Secretary'') to award 
grants to States in accordance with this section to assist employers in 
such States who were issued special certificates under section 14(c) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) in transforming 
(or continuing to transform) their business and program models from 
providing employment using special certificates to business and program 
models that employ and support people with disabilities in competitive 
integrated employment and to cover any administrative costs associated 
with such grants.
    (b) Reservations and Allotments; Duration of Awards.--
            (1) Reservations.--
                    (A) Allotments to non-covered states.--
                            (i) In general.--The Secretary shall 
                        reserve 10 percent of the amount appropriated 
                        by subsection (a) to award grants, in 
                        accordance to clause (ii), to States described 
                        in subsection (c)(3) that submit an application 
                        under subsection (c) meeting the applicable 
                        requirements of such subsection.
                            (ii) Allotment amount.--The Secretary shall 
                        allot grants to each State under clause (i) a 
                        grant in an amount that bears the same 
                        relationship to the total amount reserved under 
                        clause (i) as the population of the State bears 
                        to the total population of all States described 
                        in such clause.
                    (B) National technical assistance center.--The 
                Secretary shall use 2 percent of the amounts 
                appropriated in subsection (a) to establish, either 
                directly or through grants, contracts, or cooperative 
                agreements, a national technical assistance center to 
                provide technical assistance to employers who are 
                transforming from employing people with disabilities 
                using special certificates to providing competitive 
                integrated employment and to collect and disseminate 
                evidence-based practices with respect to the 
                transformations and in providing competitive integrated 
                employment and integrated services.
            (2) Allotments to covered states.--
                    (A) 15 or more covered states.--
                            (i) In general.--In the case that, as of a 
                        date determined appropriate by the Secretary, 
                        there are 15 or more covered States the 
                        Secretary shall allot to each covered State a 
                        grant in an amount equal to the sum of the 
                        allotted to such State under clauses (ii) and 
                        (iii).
                            (ii) Allotment based on number of employees 
                        under special certificates.--From the total 
                        amount that is 70 percent of the funds 
                        appropriated under subsection (a) and not 
                        reserved under paragraph (1), the Secretary 
                        shall allot to each covered State an amount 
                        that bears the same relationship to such total 
                        amount as the number of people with 
                        disabilities who are employed under a special 
                        certificate in the covered State bears to the 
                        total number of people with disabilities who 
                        are employed under a special certificate in all 
                        covered States.
                            (iii) Allotment based on employers with 
                        special certificates.--From the total amount 
                        that is 30 percent of the funds appropriated 
                        under subsection (a) and not reserved under 
                        paragraph (1), the Secretary shall allot to 
                        each covered State an amount that bears the 
                        same relationship to such total amount as the 
                        number of employers in the covered State who 
                        have in effect a special certificate bears to 
                        the total number of employers in all covered 
                        States who have in effect such a certificate.
                    (B) 14 or fewer covered states.--In the case that, 
                as of the date determined appropriate by the Secretary 
                under subparagraph (A), there are fewer than 15 covered 
                States, the Secretary shall award grants to each 
                covered State on a competitive basis in an amount that 
                the Secretary determines necessary to accomplish the 
                purpose of the grant described in subsection (a).
                    (C) Covered state.--In this subsection, the term 
                ``covered State'' means a State that--
                            (i) is not described in subsection (c)(3); 
                        and
                            (ii) submits an application under 
                        subsection (c) that meets the applicable 
                        requirements under such subsection.
            (3) Duration of awards.--A grant under this section shall 
        be awarded for a period of 5 years.
            (4) Cutoff.--The Secretary may not issue a grant under this 
        subsection after September 30, 2025.
    (c) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State shall submit an application to the 
        Secretary at such time, in such manner, and including such 
        information as the Secretary may reasonably require.
            (2) Contents.--In the case of a State not described in 
        paragraph (3), an application submitted under paragraph (1) 
        shall include--
                    (A) a description of the status of the employers in 
                the State providing employment using special 
                certificates, which may include--
                            (i) the number of employers in the State 
                        using special certificates to employ and pay 
                        people with disabilities;
                            (ii) the number of employees in the State 
                        employed under a special certificate;
                            (iii) the average number of hours such 
                        employees work per week; and
                            (iv) the average hourly wage for such 
                        employees;
                    (B) a description of activities to be funded under 
                the grant, and the goals of such activities, including 
                the activities of the State with respect to competitive 
                integrated employment for people with disabilities; and
                    (C) assurances that--
                            (i) the activities carried out under the 
                        grant will, by not later than the end of the 5-
                        year grant period, result in--
                                    (I) each employer in the State 
                                voluntarily ceasing to use special 
                                certificates by the end of the 5-year 
                                grant period and no longer applying for 
                                or renewing such certificates; or
                                    (II) in the case of an employer in 
                                the State that, as of the date of 
                                enactment of this Act, provides 
                                employment using special certificates, 
                                the employer--
                                            (aa) transforms its 
                                        business and program models as 
                                        described in subsection 
                                        (d)(1)(A); or
                                            (bb) ceases providing 
                                        specialized employment services 
                                        for people with disabilities; 
                                        and
                            (ii) each individual in the State who is 
                        employed under a special certificate on or 
                        after the date of enactment will be employed in 
                        competitive integrated employment or a 
                        combination of competitive integrated 
                        employment and integrated services, including 
                        by compensating all employees of the employer 
                        for all hours worked at a rate that is--
                                    (I) not less than the higher of the 
                                rate specified in section 6(a)(1) of 
                                the Fair Labor Standards Act of 1938 
                                (29 U.S.C. 206(a)(1)) or the rate 
                                specified in the applicable State or 
                                local minimum wage law, or the 
                                applicable prevailing wage rate under 
                                the McNamara-O'Hara Service Contract 
                                Act (41 U.S.C. 6701 et seq.); and
                                    (II) not less than the rate paid by 
                                the employer for the same or similar 
                                work performed by other employees who 
                                are not people with disabilities, and 
                                who are similarly situated in similar 
                                occupations by the same employer and 
                                who have similar training, experience, 
                                and skills; and
                            (iii) the State will establish an advisory 
                        council described in subsection (e) to monitor 
                        and guide the process of transforming business 
                        and program models of employers in the State as 
                        described in subsection (d)(1)(A).
            (3) Applications for states receiving amount from 
        reservation.--In the case of a State that, as of the date of 
        enactment of this Act, is determined by the Secretary to have 
        phased out or to be in the process of phasing out the use of 
        special certificates in the State, an application under this 
        subsection from such State shall include only the information 
        described in paragraph (2)(B).
    (d) Use of Funds.--
            (1) In general.--In the case of a State not described in 
        paragraph (2), such State shall use the grant funds for each of 
        the following activities:
                    (A) Identifying each employer in the State that 
                will transform its business and program models from 
                employing people with disabilities using special 
                certificates to employing people with disabilities in 
                competitive integrated employment settings, or a 
                setting involving a combination of competitive 
                integrated employment and integrated services.
                    (B) Implementing a service delivery infrastructure 
                to support people with disabilities who have been 
                employed under special certificates through such a 
                transformation, including providing enhanced integrated 
                services to support people with the most significant 
                disabilities.
                    (C) Expanding competitive integrated employment and 
                integrated services to be provided to such people as a 
                result of transformations described in subparagraph 
                (A).
            (2) States receiving amount from reservation.--A State 
        that, as of the date of enactment of this Act, is determined by 
        the Secretary to have phased out or to be in the process of 
        phasing out the use of special certificates in the State, shall 
        use the grant funds for expansion of competitive integrated 
        employment and integrated services to be provided to people 
        with disabilities.
    (e) Members of the Advisory Council.--A State receiving a grant 
under this section shall, for the purpose described in subsection 
(c)(2)(C)(iii), establish an advisory council composed of the 
following:
            (1) People with disabilities, including people with 
        intellectual or developmental disabilities and people with 
        mental health disabilities, who are or were employed under a 
        special certificate, who shall comprise not less than 25 
        percent of the members of such advisory council.
            (2) Family members of a person with an intellectual, 
        developmental, or mental health disability who is or was 
        employed under a special certificate or is employed in 
        competitive integrated employment.
            (3) An employer providing competitive integrated 
        employment.
            (4) An employer providing employment under special 
        certificates.
            (5) Representatives of relevant State agencies with 
        expertise in competitive integrated employment, disability 
        organizations with such expertise, and disability related 
        offices and groups with such expertise.

SEC. 22202. DEFINITIONS.

    In this part:
            (1) Competitive integrated employment.--The term 
        ``competitive integrated employment'' has the meaning given 
        such term in section 7(5) of the Rehabilitation Act of 1973 (29 
        U.S.C. 705(5)).
            (2) Employee; employer.--The terms ``employee'' and 
        ``employer'' have the meanings given such terms in section 3 of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
            (3) Integrated community participation and wraparound 
        services; integrated services.--The terms ``integrated 
        community participation and wraparound services'' or 
        ``integrated services'' mean services for people with 
        disabilities that are--
                    (A) designed to assist such people in developing 
                skills and abilities to reside successfully in home and 
                community-based settings;
                    (B) provided in accordance with a person-centered 
                written plan of care;
                    (C) created using evidence-based practices that 
                lead to such people--
                            (i) maintaining competitive integrated 
                        employment;
                            (ii) achieving independent living; or
                            (iii) maximizing socioeconomic self-
                        sufficiency, optimal independence, and full 
                        participation in the community;
                    (D) provided in a community location that is not 
                specifically intended for people with disabilities;
                    (E) provided in a location that--
                            (i) allows the people receiving the 
                        services to interact with people without 
                        disabilities to the fullest extent possible; 
                        and
                            (ii) makes it possible for the people 
                        receiving the services to access community 
                        resources that are not specifically intended 
                        for people with disabilities and to have the 
                        same opportunity to participate in the 
                        community as people who do not have a 
                        disability; and
                    (F) provided in multiple locations to allow the 
                individual receiving the services to have options, 
                thereby--
                            (i) optimizing individual initiative, 
                        autonomy, and independence; and
                            (ii) facilitating choice regarding services 
                        and supports, and choice regarding the provider 
                        of such services.
            (4) People with disabilities.--The term ``people with 
        disabilities'' includes individuals described in section 
        14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        214(c)(1)).
            (5) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203)).

  PART 4--RECRUITMENT, EDUCATION AND TRAINING, RETENTION, AND CAREER 
               ADVANCEMENTS FOR THE DIRECT CARE WORKFORCE

SEC. 22301. DEFINITIONS.

    In this part:
            (1) Cte definitions.--The terms ``evidence-based'' and 
        ``work-based learning'' have the meanings given such terms in 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2302).
            (2) Wioa definitions.--The terms ``career pathway'', 
        ``career planning'', ``individual with a barrier to 
        employment'', ``local board'', ``older individual'', ``on-the-
        job training'', ``recognized postsecondary credential'', and 
        ``State board'' have the meanings given such terms in section 3 
        of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).
            (3) Other definitions.--
                    (A) Career and technical education school.--The 
                term ``career and technical education school'' has the 
                meaning given the term ``eligible recipient'' in 
                section 3 of the 3 of the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2302).
                    (B) Direct care worker.--The term ``direct care 
                worker'' means--
                            (i) a direct support professional;
                            (ii) any worker who provides direct care 
                        services in home or community-based setting;
                            (iii) a respite care provider who provides 
                        short-term support and care to an individual in 
                        order to provide relief to a family caregiver;
                            (iv) a palliative care worker;
                            (v) a direct care worker, as defined in 
                        section 799B of the Public Health Service Act 
                        (42 U.S.C. 795p); or
                            (vi) an individual in any other position or 
                        job related to those described in clauses (i) 
                        through (vi), as determined by the Secretary in 
                        consultation with the Secretary of Health and 
                        Human Services acting through the Administrator 
                        for the Administration for Community Living.
                    (C) Eligible entity.--The term ``eligible entity'' 
                means an entity that is--
                            (i) a State;
                            (ii) a labor organization, a joint labor-
                        management organization, or a Multi-Employer 
                        Training and Education Fund;
                            (iii) a nonprofit organization with 
                        experience in aging, disability, supporting the 
                        rights and interests of direct care workers, or 
                        training or educating direct care workers;
                            (iv) an Indian Tribe or Tribal organization 
                        (as defined in section 4 of the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 5304));
                            (v) an urban Indian organization (as 
                        defined in section 4 of the Indian Health Care 
                        Improvement Act (25 U.S.C. 1603));
                            (vi) a State board or local board;
                            (vii) an area agency on aging (as defined 
                        in section 102 of the Older Americans Act of 
                        1965 (42 U.S.C. 3002));
                            (viii) when in partnership with an entity 
                        described in any of clauses (i) through (vii)--
                                    (I) an institution of higher 
                                education (as defined in section 101 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1001) or section 102(a)(1)(B) of 
                                such Act (20 U.S.C. 1002(a)(1)(B))); or
                                    (II) a career and technical 
                                education school; or
                            (ix) a consortium of entities listed in any 
                        of clauses (i) through (vii).
                    (D) Family caregiver.--The term ``family 
                caregiver'' means a paid or unpaid adult family member 
                or other individual who has a significant relationship 
                with, and who provides a broad range of assistance to, 
                an individual with a chronic or other health condition, 
                disability, or functional limitation.
                    (E) Home and community-based services.--The term 
                ``home and community-based services'' has the meaning 
                given such term in section 9817(a)(2) of the American 
                Rescue Plan Act of 2021 (Public Law 117-2).
                    (F) Person with a disability.--The term ``person 
                with a disability'' means an individual with a 
                disability as defined in section 3 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 12102).
                    (G) Pre-apprenticeship program.--The term ``pre-
                apprenticeship program'' means a program that 
                articulates to a registered apprenticeship program.
                    (H) Registered apprenticeship program.--The term 
                ``registered apprenticeship program'' means an 
                apprenticeship program registered under the Act of 
                August 16, 1937 (commonly known as the ``National 
                Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 
                U.S.C. 50 et seq.).
                    (I) Secretary.--The term ``Secretary'' means the 
                Secretary of Labor.
                    (J) State.--The term ``State'' means each of the 50 
                States of the United States, the District of Columbia, 
                the Commonwealth of Puerto Rico, American Samoa, Guam, 
                the United States Virgin Islands, and the Commonwealth 
                of the Northern Mariana Islands.

SEC. 22302. GRANTS TO SUPPORT THE DIRECT CARE WORKFORCE.

    (a) Grants Authorized.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $1,480,000,000, to 
remain available until September 30, 2031, for awarding, on a 
competitive basis, grants to eligible entities to carry out the 
activities described in subsection (c) with respect to direct care 
workers.
    (b) Applications; Award Basis.--
            (1) Applications.--
                    (A) In general.--An eligible entity seeking a grant 
                under subsection (a) shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary, in 
                coordination with the Secretary of Health and Human 
                Services acting through the Administrator of the 
                Administration for Community Living, may require.
                    (B) Contents.--Each application under subparagraph 
                (A) shall include--
                            (i) a description of the type or types of 
                        direct care workers the entity plans to serve 
                        through the activities supported by the grant;
                            (ii) a description of the one or more 
                        eligible partnering entities collaborating to 
                        carry out the activities described in 
                        subsection (c);
                            (iii) an assurance that--
                                    (I) the eligible entity will 
                                establish a consultative process, as 
                                described in subsection (c)(2); and
                                    (II) the eligible entity will 
                                consult on the implementation of the 
                                grant, or coordinate the activities of 
                                the grant, with the agencies in the 
                                State that are responsible for 
                                developmental disability services, 
                                aging, education, workforce 
                                development, and Medicaid, to the 
                                extent that each such entity is not the 
                                eligible entity; and
                            (iv) a plan for ensuring that the eligible 
                        entity will remain neutral in any organizing 
                        effort involving direct care workers served by 
                        the grant who seek to form, join, or assist a 
                        labor organization.
            (2) Consideration.--In awarding grants under subsection 
        (a), the Secretary, in coordination with the Secretary of 
        Health and Human services acting through the Administrator of 
        the Administration for Community Living, shall ensure equitable 
        geographic diversity in distribution of the grants, including 
        by selecting recipients in rural areas and selecting recipients 
        in urban areas.
            (3) Duration of grants.--A grant awarded under this section 
        shall be for a period of 3 years, and may be renewed. The 
        Secretary, in coordination with the Secretary of Health and 
        Human Services acting through the Administrator of the 
        Administration for Community Living, shall award grants 
        (including any renewals) under this section in 3-year cycles 
        subject to the limits set forth in subsection (a).
    (c) Use of Funds.--
            (1) In general.--
                    (A) Required use of funds.--Each eligible entity 
                receiving a grant under subsection (a) shall use the 
                grant funds to provide competitive wages, benefits, and 
                other supportive services, including transportation, 
                child care, dependent care, workplace accommodations, 
                and workplace health and safety protections, to the 
                direct care workers served by the grant that are 
                necessary to enable such workers to participate in the 
                activities supported by the grant.
                    (B) Additional activities.--In addition to the 
                requirement described in subparagraph (A), each 
                eligible entity receiving a grant under subsection (a) 
                shall use the grant funds for one or more of the 
                following activities:
                            (i) Developing and implementing a strategy 
                        for the recruitment of direct care workers.
                            (ii) Developing and implementing a strategy 
                        for the retention of direct care workers using 
                        evidence-based best practices, such as 
                        providing mentoring to such workers.
                            (iii) Developing or implementing an 
                        education and training program for the direct 
                        care workers served by the grant, which shall 
                        include--
                                    (I) education and training on--
                                            (aa) the rights of direct 
                                        care workers under applicable 
                                        Federal, State, or local 
                                        employment law on--

                                                    (AA) wages and 
                                                hours, including under 
                                                the Fair Labor 
                                                Standards Act of 1938 
                                                (29 U.S.C. 201 et 
                                                seq.);

                                                    (BB) safe working 
                                                conditions, including 
                                                under the Occupational 
                                                Safety and Health Act 
                                                of 1970 (29 U.S.C. 651 
                                                et seq.);

                                                    (CC) forming, 
                                                joining, or assisting a 
                                                labor organization, 
                                                including under the 
                                                National Labor 
                                                Relations Act (29 
                                                U.S.C. 153 et seq.); 
                                                and

                                                    (DD) other 
                                                applicable terms and 
                                                conditions of 
                                                employment; and

                                            (bb) relevant Federal and 
                                        State laws (including 
                                        regulations) on the provision 
                                        of home and community-based 
                                        services; and
                                    (II) providing a progressively 
                                increasing, clearly defined schedule of 
                                hourly wages to be paid to each direct 
                                care worker served by the grant for 
                                each hour the worker spends on 
                                education or training provided through 
                                the program described in this clause, 
                                with a schedule of hourly wages that--
                                            (aa) is consistent with 
                                        measurable skill gains or 
                                        attainment of a recognized 
                                        postsecondary credential 
                                        received as a result of 
                                        participation in or completion 
                                        of such education or training 
                                        program; and
                                            (bb) ensures that each such 
                                        worker is compensated for each 
                                        hour the worker spends on 
                                        education or training through 
                                        such program at an entry rate 
                                        that is not less than the 
                                        greater of the applicable 
                                        minimum wage required by other 
                                        applicable Federal, State, or 
                                        local law, or a collective 
                                        bargaining agreement;
                                    (III) developing and implementing a 
                                strategy for the retention and career 
                                advancement of the direct care workers 
                                served by the grant, including 
                                providing career planning for the 
                                direct care workers served by the grant 
                                to support the identification of 
                                advancement opportunities, and career 
                                pathways in the direct care or home 
                                care sectors; and
                                    (IV) using evidence-based models 
                                and standards for achievement for the 
                                attainment of any associated recognized 
                                postsecondary credentials, which 
                                include--
                                            (aa) supporting 
                                        opportunities to participate in 
                                        pre-apprenticeship or 
                                        registered apprenticeship 
                                        programs, work-based learning, 
                                        or on-the-job training;
                                            (bb) providing on-the-job 
                                        supervision or mentoring to 
                                        support the development of 
                                        related skills and competencies 
                                        throughout completion of such 
                                        credentials; and
                                            (cc) training on the in-
                                        demand skills and competencies 
                                        of direct care workers served 
                                        by the grant, including the 
                                        provision of culturally 
                                        competent and disability 
                                        competent supports and 
                                        services.
            (2) Consultation.--Each eligible entity receiving a grant 
        under this section shall consult in the development and 
        implementation of the grant with--
                    (A) individuals with disabilities;
                    (B) older individuals;
                    (C) direct care workers;
                    (D) family caregivers, guardians, or family 
                members; or
                    (E) representatives of--
                            (i) organizations representing the rights 
                        and interests of people receiving home and 
                        community-based services;
                            (ii) provider agencies or employers of 
                        direct care workers served by the grant;
                            (iii) labor or joint labor-management 
                        organizations, or advocacy organizations, 
                        representing direct care workers served by the 
                        grant; or
                            (iv) institutions of higher education or 
                        career and technical education schools 
                        providing education and training on direct 
                        care.
    (d) Supplement and Not Supplant.--An eligible entity receiving a 
grant under this section shall use such grant only to supplement, and 
not supplant, the amount of funds that, in the absence of such grant, 
would be available to the eligible entity to address the recruitment, 
education and training, retention, or career advancement of direct care 
workers in the State served by the grant.

 PART 5--WORKFORCE DEVELOPMENT PROGRAMS IN SUPPORT OF COMMUNITIES AND 
                            THE ENVIRONMENT

SEC. 22401. CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

    (a) In General.--
            (1) Americorps state and national programs.--
                    (A) In general.--In addition to amounts otherwise 
                made available, there is appropriated for fiscal year 
                2023, out of any money in the Treasury not otherwise 
                appropriated, to the Corporation for National and 
                Community Service, $1,305,000,000, to remain available 
                until September 30, 2027, for carrying out national 
                service programs authorized under section 122(a)(3)(B) 
                of the National and Community Service Act of 1990 (42 
                U.S.C. 12572(a)(3)(B)) which shall be used to make 
                funding adjustments to existing (as of the date of 
                enactment of this Act) awards and make new awards to 
                entities to support national service programs 
                authorized under the AmeriCorps State and National 
                program (whether or not the entities are already grant 
                recipients under such provisions on the date of 
                enactment of this Act) and to increase the living 
                allowances of participants in national service 
                programs.
                    (B) Waiver of matching requirement.--For the 
                purposes of carrying out this subparagraph, the 
                Corporation shall waive any match requirement in whole 
                or in part where a grantee demonstrates such waiver 
                would increase access and remove barriers for 
                organizations that serve communities that are adversely 
                affected by persistent poverty, discrimination, or 
                inequality.
            (2) National civilian community corps.--In addition to 
        amounts otherwise made available, there is appropriated for 
        fiscal year 2023, out of any money in the Treasury not 
        otherwise appropriated, to the Corporation for National and 
        Community Service, $80,000,000, to remain available until 
        September 30, 2027, for carrying out the National Civilian 
        Community Corps authorized under section 152 of the National 
        and Community Service Act of 1990 (42 U.S.C. 12612).
            (3) Volunteers in service to america program.--In addition 
        to amounts otherwise made available, there is appropriated for 
        fiscal year 2023, out of any money in the Treasury not 
        otherwise appropriated, to the Corporation for National and 
        Community Service, $100,000,000, to remain available until 
        September 30, 2027, for carrying out the Volunteers in Service 
        to America (VISTA) program for the purposes described in 
        section 101 of the Domestic Volunteer Service Act of 1973 (42 
        U.S.C. 4951), including to increase the living allowances of 
        volunteers, described in section 105(b) of such Act (42 U.S.C. 
        4955).
            (4) State commissions.--In addition to amounts otherwise 
        made available, there is appropriated for fiscal year 2023, out 
        of any money in the Treasury not otherwise appropriated, to the 
        Corporation for National and Community Service, $40,000,000, to 
        remain available until September 30, 2027, to make adjustments 
        to existing (as of the date of enactment of this Act) awards 
        and new and additional awards, including awards to State 
        Commissions on National and Community Service, under section 
        126(a) of the National and Community Service Act of 1990 (42 
        U.S.C. 12576(a)).
            (5) Use of funds.--Amounts made available under paragraphs 
        (1) through (4) shall be used by the Corporation for National 
        and Community Service to carry out activities described in 
        section 122(a)(3)(B) of the National and Community Service Act 
        of 1990 (42 U.S.C. 12572(a)(3)(B)) and for activities related 
        to environmental resiliency, remediation, or mitigation by--
                    (A) ensuring at least 50 percent of such funds are 
                awarded to entities that serve, and have representation 
                from, low-income communities, Tribal, Alaska Native, or 
                Native Hawaiian communities, or communities 
                experiencing (or at risk of experiencing) adverse 
                health and environmental conditions;
                    (B) taking into account the diversity of 
                communities served by such entities and the diversity 
                of AmeriCorps members serving in these projects, 
                including racial, ethnic, socioeconomic, linguistic, or 
                geographic diversity, and utilizing culturally 
                competent and multilingual strategies in the provision 
                of services to communities and in the recruitment of 
                members;
                    (C) supporting projects that are planned and 
                implemented with the community served by such 
                activities;
                    (D) providing participants with workforce 
                development opportunities such as pre-apprenticeship 
                programs that articulate to registered apprenticeships, 
                and pathways to post-service employment in high-quality 
                jobs or registered apprenticeships; and
                    (E) coordinating with and providing resources to 
                the Departments of Labor and Education to improve the 
                readiness of participants to transition to high-quality 
                jobs or further education.
    (b) Administrative Costs.--
            (1) In general.--In addition to amounts otherwise made 
        available, there is appropriated for fiscal year 2022, out of 
        any money in the Treasury not otherwise appropriated, to the 
        Corporation for National and Community Service, $199,650,000, 
        to remain available until September 30, 2027, which shall be 
        used for administrative expenses as provided under section 
        501(a)(5) of the National and Community Service Act of 1990 (42 
        U.S.C. 12681(a)(5)) and under section 504(a) of the Domestic 
        Volunteer Service Act of 1973 (42 U.S.C. 5084(a)), including an 
        evaluation of the Corporation's information technology 
        security, corrective actions to address recommendations arising 
        from audits of the agency and the National Service Trust, and, 
        in consultation with the Inspector General, the development of 
        grant fraud prevention and detection controls and risk-based 
        anti-fraud grant monitoring. Not less than 5 percent of funds 
        under this paragraph shall be reserved for outreach to and 
        recruitment of members from communities traditionally 
        underrepresented in the programs and activities funded under 
        this section.
            (2) Project, operations, and management plan.--In addition 
        to amounts otherwise made available, there is appropriated for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, to the Corporation for National and 
        Community Service, $350,000, to remain available until 
        September 30, 2023, which shall be used by the Chief Executive 
        Officer of the Corporation for National and Community Service 
        in collaboration with the Department of Labor, to develop, 
        issue, and implement a project, operations, and management plan 
        for funds appropriated under this section. In developing the 
        financial management portion of the plan, the Chief Executive 
        Officer shall consult with the Inspector General. Such plan 
        shall be provided to the Committee on Education and Labor of 
        the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate prior to 
        obligating funds or making outlays for funds appropriated under 
        subsection (a).
    (c) Office of Inspector General.--In addition to amounts otherwise 
made available, there is appropriated for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, to the Office of 
Inspector General of the Corporation for National and Community 
Service, $15,000,000 to remain available until September 30, 2030, 
which shall be used by the Office of Inspector General of the 
Corporation for National and Community Service for salaries and 
expenses necessary for oversight and audit of programs, activities and 
operations funded under this section.
    (d) National Service Trust.--In addition to amounts otherwise made 
available, there is appropriated for fiscal year 2023, out of any money 
in the Treasury not otherwise appropriated, to the National Service 
Trust, $260,000,000, to remain available until expended, for--
            (1) administration of the National Service Trust; and
            (2) payment to the Trust for the provision of educational 
        awards pursuant to section 145(a)(1)(A) and section 148 of the 
        National and Community Service Act of 1990 (42 U.S.C. 
        12601(a)(1)(A); 12604).

SEC. 22402. DEPARTMENT OF LABOR.

    (a) In General.--
            (1) Youthbuild program.--In addition to amounts otherwise 
        made available, there is appropriated for fiscal year 2023, out 
        of any money in the Treasury not otherwise appropriated, to the 
        Department of Labor, $250,000,000, to remain available until 
        September 30, 2027, except that no amounts may be expended 
        after September 30, 2031, for the YouthBuild program authorized 
        under section 171(c)(1) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3226(c)(1)), including for the 
        purposes of improving and expanding access to services, 
        stipends, wages, and benefits described in subsections 
        (c)(2)(A)(vii) and (c)(2)(F) of section 171 of such Act.
            (2) Job corps program.--In addition to amounts otherwise 
        made available, there is appropriated for fiscal year 2023, out 
        of any money in the Treasury not otherwise appropriated, to the 
        Department of Labor, $500,000,000, to remain available until 
        September 30, 2030, except that no amounts may be expended 
        after September 30, 2031, for the Job Corps program authorized 
        under section 143 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3193 et seq.), including Civilian Conservation 
        Centers as described in section 147(d)(1) of such Act (29 
        U.S.C. 3197) and for the purposes of improving and expanding 
        access to allowances and supports described in section 150 of 
        such Act (29 U.S.C. 3200).
            (3) Ex-offender activities.--In addition to amounts 
        otherwise made available, there is appropriated for fiscal year 
        2023, out of any money in the Treasury not otherwise 
        appropriated, to the Department of Labor, $500,000,000, to 
        remain available until September 30, 2027, except that no 
        amounts may be expended after September 30, 2031, for ex-
        offender activities under the authority of section 169(b)(5) of 
        the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3224(b)(5)).
            (4) Apprenticeship programs.--In addition to amounts 
        otherwise made available, there is appropriated for fiscal year 
        2023, out of any money in the Treasury not otherwise 
        appropriated, to the Department of Labor, $1,000,000,000, to 
        remain available until September 30, 2027, except that no 
        amounts may be expended after September 30, 2031, to carry out 
        activities through grants, cooperative agreements, contracts or 
        other arrangements, with States and other appropriate entities, 
        including equity intermediaries and business and labor industry 
        partner intermediaries, to create or expand only apprenticeship 
        programs registered under the Act of August 16, 1937 (commonly 
        known as the ``National Apprenticeship Act''; 50 Stat. 664, 
        chapter 663; 29 U.S.C. 50 et seq.), youth apprenticeship 
        programs, and pre-apprenticeship programs articulating to 
        apprenticeship programs registered under such Act.
            (5) Paid youth employment activities.--In addition to 
        amounts otherwise made available, there is appropriated for 
        fiscal year 2023, out of any money in the Treasury not 
        otherwise appropriated, to the Department of Labor, 
        $249,800,000, to remain available until September 30, 2030, 
        except that no amounts may be expended after September 30, 
        2031, for paid youth employment activities under the authority 
        of section 169(b)(5) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3224(b)(5)) for in-school and out-
        of-school youth as defined in section 3 of such Act (29 U.S.C. 
        3102).
    (b) Use of Funds.--Amounts made available under paragraphs (1) 
through (8) of subsection (a) shall be used for activities to include 
training for careers in industry sectors and occupations related to 
environmental resiliency, remediation, or mitigation and activities to 
increase diversity within such industry sectors and occupations, taking 
into account the diversity of communities and participants served by 
such programs, including racial, ethnic, socioeconomic, linguistic, or 
geographic diversity.
    (c) Project, Operations, and Management Plan.--In addition to 
amounts otherwise made available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, to 
the Department of Labor, $200,000, to remain available until September 
30, 2023, which shall be used by the Secretary of Labor in 
collaboration with the Chief Executive Officer of the Corporation for 
National and Community Service, to develop and issue a project, 
operations, and management plan for funds appropriated under this 
section. Such plan shall be provided to the Committee on Education and 
Labor of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate prior to obligating funds 
or making outlays for funds appropriated under subsection (a).

         PART 6--DEPARTMENT OF LABOR INSPECTOR GENERAL FUNDING

SEC. 22501. DEPARTMENT OF LABOR INSPECTOR GENERAL FUNDING.

    In addition to amounts otherwise available, there is appropriated 
to the Office of Inspector General of the Department of Labor for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended for 
salaries and expenses necessary for oversight, investigations, and 
audits of programs, grants, and projects of the Department of Labor 
funded under this subtitle and subtitle B of this title.

         Subtitle D--Child Care and Universal Pre-Kindergarten

SEC. 23001. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING 
              ENTITLEMENT.

    (a) Short Title.--This section may be cited as the ``Birth Through 
Five Child Care and Early Learning Entitlement Act''.
    (b) Definitions.--
            (1) In general.--The definitions in section 658P of the 
        Child Care and Development Block Grant Act of 1990 (42 U.S.C. 
        9858n) shall apply to this section, except as provided in 
        subparagraph (2) and as otherwise specified.
            (2) Additional terms.--In this section:
                    (A) Child care certificate.--
                            (i) In general.--The term ``child care 
                        certificate'' means a certificate (that may be 
                        a check or other disbursement) that is issued 
                        by a State or local government under this 
                        section directly to a parent who may use such 
                        certificate only as payment for child care 
                        services or as a deposit for child care 
                        services if such a deposit is required of other 
                        children being cared for by the provider.
                            (ii) Rule.--Nothing in this section shall 
                        preclude the use of such certificates for 
                        sectarian child care services if freely chosen 
                        by the parent. For the purposes of this 
                        section, child care certificates shall be 
                        considered Federal financial assistance to the 
                        provider.
                    (B) Child experiencing homelessness.--The term 
                ``child experiencing homelessness'' means an individual 
                who is a homeless child or youth under section 725 of 
                the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11434a).
                    (C) Eligible activity.--The term ``eligible 
                activity'', with respect to a parent, shall include, at 
                minimum, activities consisting of--
                            (i) full-time or part-time employment;
                            (ii) self-employment;
                            (iii) job search activities;
                            (iv) job training;
                            (v) secondary, postsecondary, or adult 
                        education, including education through a 
                        program of high school classes, a course of 
                        study at an institution of higher education, 
                        classes towards an equivalent of a high school 
                        diploma recognized by State law, or English as 
                        a second language classes;
                            (vi) health treatment (including mental 
                        health and substance use treatment) for a 
                        condition that prevents the parent from 
                        participating in other eligible activities;
                            (vii) activities to prevent child abuse and 
                        neglect, or family violence prevention or 
                        intervention activities;
                            (viii) employment and training activities 
                        under the supplemental nutrition assistance 
                        program established under the Food and 
                        Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
                            (ix) employment and training activities 
                        under the Workforce Innovation and Opportunity 
                        Act (29 U.S.C. 3101)
                            (x) work activities under the program of 
                        block grants to States for temporary assistance 
                        for needy families under part A of title IV of 
                        the Social Security Act (42 U.S.C. 601 et 
                        seq.); and
                            (xi) taking leave under the Family and 
                        Medical Leave Act of 1993 (29 U.S.C. 2601 et 
                        seq.) (or equivalent provisions for Federal 
                        employees), a State or local paid or unpaid 
                        leave law, or a program of employer-provided 
                        leave.
                    (D) Eligible child.--The term ``eligible child'' 
                means an individual (without regard to the immigration 
                status of the individual or of any parent of the 
                individual)--
                            (i) who is less than 6 years of age;
                            (ii) who is not yet in kindergarten;
                            (iii) whose family income--
                                    (I) does not exceed 100 percent of 
                                the State median income for a family of 
                                the same size for fiscal year 2022;
                                    (II) does not exceed 115 percent of 
                                such State median income for fiscal 
                                year 2023;
                                    (III) does not exceed 130 percent 
                                of such State median income for fiscal 
                                year 2024; and
                                    (IV) for each of the fiscal years 
                                2025 through 2027, is of any level;
                            (iv) whose family assets do not exceed 
                        $1,000,000 (as certified by a member of such 
                        family); and
                            (v) who--
                                    (I) resides with a parent 
                                participating in an eligible activity;
                                    (II) is included in a population of 
                                vulnerable children identified by the 
                                lead agency involved, which at a 
                                minimum shall include children 
                                experiencing homelessness, children in 
                                foster care, children in kinship care, 
                                and children who are receiving, or need 
                                to receive, child protective services; 
                                or
                                    (III) resides with a parent who is 
                                more than 65 years of age.
                    (E) Eligible child care provider.--
                            (i) In general.--The term ``eligible child 
                        care provider'' means a center-based child care 
                        provider, a family child care provider, or 
                        other provider of child care services for 
                        compensation that--
                                    (I) is licensed to provide child 
                                care services under State law;
                                    (II) participates in the State's 
                                tiered system for measuring the quality 
                                of child care providers described in 
                                subsection(f)(4)(B)--
                                            (aa) not later than the 
                                        last day of the third fiscal 
                                        year for which the State 
                                        receives funds under this 
                                        section; and
                                            (bb) for the remainder of 
                                        the period for which the 
                                        provider receives funds under 
                                        this section; and
                                    (III) satisfies the State and local 
                                requirements applicable to eligible 
                                child care providers under the Child 
                                Care and Development Block Grant Act of 
                                1990 (42 U.S.C. 9857 et seq.), 
                                including those requirements described 
                                in section 658E(c)(2)(I) of such Act 
                                (42 U.S.C. 9858c(c)(2)(I)).
                            (ii) Special rule.--A child care provider 
                        who has been eligible to provide child care 
                        services in a State for children receiving 
                        assistance under the Child Care and Development 
                        Block Grant Act of 1990 (42 U.S.C. 9857 et 
                        seq.) on the date the State submits an 
                        application for funds under this section and 
                        remains in good standing with the State, shall 
                        be deemed to be an eligible child care provider 
                        under this section for 3 years after the State 
                        receives funding under this section.
                    (F) FMAP.--The term ``FMAP'' has the meaning given 
                the term ``Federal medical assistance percentage'' in 
                the first sentence of section 1905(b) of the Social 
                Security Act (42 U.S.C. 1396d(b)).
                    (G) Family child care provider.--Family child care 
                provider means one or more individuals who provide 
                child care services less than 24 hours per day per 
                child, in a private residence other than the residences 
                of the children, unless care for 24 hours is provided 
                due to the nature of the parent(s)' work.
                    (H) Inclusive care.--The term ``inclusive'', with 
                respect to care (including child care), means care 
                provided by an eligible child care provider--
                            (i) for whom the percentage of children 
                        served by the provider who are children with 
                        disabilities or infants or toddlers with 
                        disabilities reflects the prevalence of 
                        children with disabilities and infants and 
                        toddlers with disabilities (whichever the 
                        provider serves) among children within the 
                        State involved; and
                            (ii) that provides care and full 
                        participation for children with disabilities 
                        and infants and toddlers with disabilities 
                        (whichever the provider serves) alongside 
                        children who are--
                                    (I) not children with disabilities; 
                                and
                                    (II) not infants and toddlers with 
                                disabilities.
                    (I) Infant or toddler.--The term ``infant or 
                toddler'' means an individual who is less than 3 years 
                of age.
                    (J) Infant or toddler with a disability.--The term 
                ``infant or toddler with a disability'' has the meaning 
                given the term in section 632 of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1432).
                    (K) Lead agency.--The term ``lead agency'' means 
                the agency designated or established under subsection 
                (e).
                    (L) State.--The term ``State'' means any of the 50 
                States and the District of Columbia.
                    (M) Territory.--The term ``territory'' means the 
                Commonwealth of Puerto Rico, the Virgin Islands of the 
                United States, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands.
                    (N) Tribal organization.--The term ``Tribal 
                organization'' has the meaning given the term in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b).
                    (O) Urban indian organization.--The term ``Urban 
                Indian organization'' has the meaning given the term in 
                section 4 of the Indian Health Care Improvement Act (25 
                U.S.C. 1603).
    (c) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Department of Health 
        and Human Services, out of any money in the Treasury not 
        otherwise appropriated, for carrying out this section--
                    (A) $20,000,000,000 for fiscal year 2022, to remain 
                available until September 30, 2025,
                    (B) $30,000,000,000 for fiscal year 2023, to remain 
                available until September 30, 2026
                    (C) $40,000,000,000 for fiscal year 2024, to remain 
                available until September 30, 2027;
                    (D) such sums as may be necessary for each of 
                fiscal years 2025 through 2027, to remain available for 
                one fiscal year.
            (2) Administration.--
                    (A) Fiscal years 2022 through 2024.--In addition to 
                amounts otherwise available, there is appropriated to 
                the Department of Health and Human Services, out of any 
                money in the Treasury not otherwise appropriated, 
                $130,000,000 for each of fiscal years 2022, 2023, and 
                2024, to carry out subsection (k). Amounts appropriated 
                by the preceding sentence shall be available for one 
                fiscal year.
                    (B) Fiscal years 2025 through 2027.--From the 
                amounts appropriated under subsection (a), the 
                Secretary shall reserve, to carry out subsection (k), 
                up to 1 percent of such amounts for each of fiscal 
                years 2025, 2026, and 2027, which shall be in addition 
                to amounts otherwise available for this purpose. 
                Amounts appropriated by the preceding sentence shall be 
                available for one fiscal year.
    (d) Establishment of Birth Through Five Child Care and Early 
Learning Entitlement Program.--
            (1) In general.--The Secretary is authorized to administer 
        a child care and early learning entitlement program under which 
        families, in States, territories, and Indian Tribes with an 
        approved application under subsection (f) or (g), shall be 
        provided an opportunity to obtain high-quality child care 
        services for eligible children, subject to the requirements of 
        this section.
            (2) Assistance for every eligible child.--Beginning on 
        October 1, 2024, every family who applies for assistance under 
        this section with respect to a child in a State with an 
        approved application under subsection (g), or in a territory or 
        Indian tribe with an approved application under subsection (f), 
        and who is determined, by a lead agency (or other entity 
        designated by a lead agency) following standards and procedures 
        established by the Secretary by rule, to be an eligible child, 
        shall be offered child care assistance in accordance with and 
        subject to the requirements and limitations of this section.
    (e) Lead Agency.--The Governor of a State or the head of a 
territory or Indian tribe, desiring to receive assistance under this 
section shall designate an agency (which may be an appropriate 
collaborative agency), or establish a joint interagency office--
            (1) to serve as the lead agency for the State, territory, 
        or Indian tribe under this section; and
            (2) to administer, directly or through other governmental 
        or nongovernmental agencies of the State, territory or Indian 
        tribe the financial assistance received under this section by 
        the State, territory, or Indian tribe, including by certifying 
        the eligibility of children.
    (f) Applications and State Plans.--
            (1) Application.--To be eligible to receive assistance 
        under this section, a State shall prepare and submit to the 
        Secretary for approval an application at such time, in such 
        manner, and containing a State plan that--
                    (A) for a transitional State plan, meets the 
                requirements under subsection (c) and contains such 
                information as the Secretary may require, to 
                demonstrate the State will meet the requirements of 
                this section; and
                    (B) for a full State plan, meets the requirements 
                under subsection (d) and contains that information.
            (2) Period covered by plan.--A State plan contained in the 
        application shall be designed to be implemented--
                    (A) for a transitional State plan, during a 1-year 
                period; and
                    (B) for a full State plan, during a 3-year period.
            (3) Requirements for transitional state plans.--For a 
        period of 1 year following the date of enactment of this Act, 
        the Secretary shall award funds under this section to States 
        with an approved application that contains a transitional State 
        plan, submitted under paragraph (1)(A) that includes, at a 
        minimum--
                    (A) an assurance that the State will submit a State 
                plan under paragraph (4); and
                    (B) a description of how the funds received by the 
                State under this section will be spent to expand access 
                to child care assistance and increase the supply and 
                quality of child care providers within the State, in 
                alignment with the requirements of this section.
            (4) Requirements for full state plans.--The Secretary may 
        award funds under this section to States with an approved 
        application that contains a subsequent State plan, submitted 
        under subsection (a)(2), that includes, at a minimum, the 
        following:
                    (A) Payment rates and cost estimation.--
                            (i) Payment rates.--The State plan shall 
                        certify that payment rates for the provision of 
                        child care services for which assistance is 
                        provided in accordance with this section for 
                        the period covered by the plan, within 3 years 
                        after the State receives funds under this 
                        section--
                                    (I) will be sufficient to meet the 
                                cost of child care, and set in 
                                accordance with a cost estimation model 
                                or cost study described in clause (ii) 
                                that is approved by the Secretary; and
                                    (II) will correspond to differences 
                                in quality (including improved quality) 
                                based on the State's tiered system for 
                                measuring the quality of eligible child 
                                care providers described in 
                                subparagraph (B).
                            (ii) Cost estimation.--Such State plan 
                        shall--
                                    (I) demonstrate that the State has, 
                                after consulting with relevant entities 
                                and stakeholders, developed and uses a 
                                statistically valid and reliable cost 
                                estimation model or cost study for the 
                                payment rates of child care services in 
                                the State that reflect rates for 
                                providers at each of the tiers of the 
                                State's tiered system for measuring the 
                                quality of child care providers 
                                described in subparagraph (B), and 
                                variations in the cost of child care 
                                services by geographic area, type of 
                                provider, and age of child, and the 
                                additional costs associated with 
                                providing inclusive child care 
                                services; and
                                    (II) certify that the State's 
                                payment rates for child care services 
                                for which assistance is provided in 
                                accordance with this section--
                                            (aa) are set in accordance 
                                        with the most recent estimates 
                                        from the most recent cost 
                                        estimation model or cost study 
                                        under subclause (I), so that 
                                        providers at each tier of the 
                                        tiered system for measuring 
                                        provider quality described in 
                                        subparagraph (B) receive a 
                                        payment that is sufficient to 
                                        meet the requirements of such 
                                        tier;
                                            (bb) are set so as to 
                                        provide payments to providers 
                                        not at the top tier of the 
                                        tiered system that are 
                                        sufficient to enable the 
                                        providers to increase quality 
                                        to meet the requirements for 
                                        the next tier;
                                            (cc) ensure adequate wages 
                                        for staff of child care 
                                        providers providing such child 
                                        care services that--

                                                    (AA) at a minimum, 
                                                provide a living wage 
                                                for all staff of such 
                                                child care providers; 
                                                and

                                                    (BB) are equivalent 
                                                to wages for elementary 
                                                educators with similar 
                                                credentials and 
                                                experience in the 
                                                State; and

                                            (dd) are adjusted on an 
                                        annual basis for cost of living 
                                        increases to ensure those 
                                        payment rates remain sufficient 
                                        to meet the requirements of 
                                        this section.
                            (iii) Payment practices.--Such State plan 
                        shall include an assurance that the State will 
                        implement payment practices that support the 
                        fixed costs of providing child care services.
                    (B) Tiered system for measuring the quality of 
                child care providers.--Such State plan shall certify 
                that the State has implemented, or assure that the 
                State will implement within 3 years after receiving 
                funds under this section, a tiered system for measuring 
                the quality of eligible child care providers who 
                provide child care services for which assistance is 
                made available under this section. Such tiered system 
                shall--
                            (i) include a set of standards, for 
                        determining the tier of quality of a child care 
                        provider, that--
                                    (I) uses standards for a highest 
                                tier that at a minimum are equivalent 
                                to Head Start program performance 
                                standards described in section 
                                641A(a)(1)(B) of the Head Start Act (42 
                                U.S.C. 9836a(a)(1)(B)) or other 
                                equivalent evidence-based standards 
                                approved by the Secretary; and
                                    (II) includes quality indicators 
                                and thresholds that are appropriate for 
                                child development in different types of 
                                child care provider settings, including 
                                child care centers and the settings of 
                                family child care providers, and are 
                                appropriate for providers serving 
                                different age groups (including mixed 
                                age groups) of children;
                            (ii) include a different set of standards 
                        that includes indicators, when appropriate, for 
                        care during nontraditional hours of operation; 
                        and
                            (iii) provide for sufficient resources and 
                        supports for child care providers at tiers 
                        lower than the highest tier to facilitate 
                        progression toward higher quality standards.
                    (C) Achieving high quality for all children.--Such 
                State plan shall certify the State has implemented, or 
                will implement within 3 years of receiving funds under 
                this section, policies and financing practices that 
                will ensure all families of eligible children can 
                choose for the children to attend child care at the 
                highest quality tier within 6 years after the date of 
                enactment of this Act.
                    (D) Compensation.--Such plan shall provide a 
                certification that the State has or will have within 3 
                years after receiving funds under this section, a wage 
                ladder for staff of eligible child care providers 
                receiving assistance under this section, including a 
                certification that wages for such staff, at a minimum, 
                will meet the requirements of subparagraph 
                (A)(ii)(II)(cc).
                    (E) Sliding fee scale for copayments.--
                            (i) In general.--Except as provided in 
                        clauses (ii)(I) and (iii), the State plan shall 
                        provide an assurance that the State will for 
                        the period covered by the plan use a sliding 
                        fee scale described in clause (ii) to determine 
                        a copayment for a family receiving assistance 
                        under this section (or, for a family receiving 
                        part-time care, a reduced copayment that is the 
                        proportionate amount of the full copayment).
                            (ii) Sliding fee scale.--A full copayment 
                        described in clause (i) shall use a sliding fee 
                        scale that provides that, for a family with a 
                        family income--
                                    (I) of not more than 75 percent of 
                                State median income for a family of the 
                                same size, the family shall not pay a 
                                copayment, toward the cost of the child 
                                care involved for all eligible children 
                                in the family;
                                    (II) of more than 75 percent but 
                                not more than 100 percent of State 
                                median income for a family of the same 
                                size, the copayment shall be more than 
                                0 but not more than 2 percent of that 
                                family income, toward such cost for all 
                                such children;
                                    (III) of more than 100 percent but 
                                not more than 125 percent of State 
                                median income for a family of the same 
                                size, the copayment shall be more than 
                                2 but not more than 4 percent of that 
                                family income, toward such cost for all 
                                such children;
                                    (IV) of more than 125 percent but 
                                not more than 150 percent of State 
                                median income for a family of the same 
                                size, the copayment shall be more than 
                                4 but not more than 7 percent of that 
                                family income, toward such cost for all 
                                such children; and
                                    (V) of more than 150 percent of the 
                                State median income for a family of the 
                                same size, the copayment shall be 7 
                                percent of that family income, toward 
                                such cost for all such children.
                            (iii) Special rules.--The State shall not 
                        require a copayment under this subparagraph for 
                        any eligible child of a family with a child 
                        that is eligible for a Head Start program under 
                        the Head Start Act (42 U.S.C. 9831 et seq.), or 
                        a child who has been identified as a member of 
                        a population listed in subsection 
                        (b)(2)(D)(v)((II). A State or another entity 
                        may pay a copayment (full or reduced) under 
                        this subparagraph on behalf of a family, but 
                        may not receive Federal reimbursement under 
                        this section for such payment.
                    (F) Prohibition on charging more than copayment.--
                The State plan shall certify that the State shall not 
                permit a child care provider receiving financial 
                assistance under this section to charge, for child care 
                for an eligible child, more than the total of--
                            (i) the financial assistance provided for 
                        the child under this section; and
                            (ii) any applicable copayment pursuant to 
                        subparagraph (E).
                    (G) Eligibility.--The State plan shall assure that 
                each child who receives assistance under this section 
                will be considered to meet all eligibility requirements 
                for such assistance, and will receive such assistance, 
                for not less than 24 months, and the child's 
                eligibility determination and redetermination, 
                including any determination based on the State's 
                definition of eligible activities, shall be implemented 
                in such a manner that supports child well-being and 
                reduces barriers to enrollment, including continuity of 
                services.
                    (H) Policies to support access to child care for 
                underserved populations.--The State plan shall assure 
                that the State will prioritize increasing access to, 
                and the quality and the supply of, child care in the 
                State for underserved populations, including at a 
                minimum, low-income children, children in underserved 
                areas, infants and toddlers, children with disabilities 
                and infants and toddlers with disabilities, children 
                who are dual language learners, and children who 
                receive care during nontraditional hours.
                    (I) Policies.--The State plan shall include a 
                certification that the State will apply, under this 
                section, the policies and procedures described in 
                subparagraphs (A), (B), (I), (J), (K)(i), (R), and (U) 
                of section 658E(c)(2) of the Child Care and Development 
                Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)), and 
                the policies and procedures described in section 658H 
                of such Act, to child care services provided under this 
                section.
                    (J) Licensing.--The State plan shall include an 
                assurance that the State has or will develop within 3 
                years after receiving funds under this section, 
                licensing standards for child care providers and a 
                pathway to such licensure that is available to and 
                appropriate for child care providers in a variety of 
                settings, to ensure providers eligible under the Child 
                Care and Development Block Grant Act of 1990 (42 U.S.C. 
                9857 et seq.), have a pathway to become eligible 
                providers under this section.
                    (K) Reports.--The State plan shall include an 
                agreement to provide to the Secretary such periodic 
                reports, providing a detailed accounting of the uses of 
                such funds received under this section, as the 
                Secretary may require for the administration of this 
                section.
    (g) Payments.--
            (1) Transition payments for fiscal years 2022 through 
        2024.--
                    (A) Reservations and allotments.--
                            (i) In general.--For each of fiscal years 
                        2022 through 2024, the Secretary shall, from 
                        the amount appropriated under subsection 
                        (c)(1)(A) for each such fiscal year--
                                    (I) reserve not less than 4 percent 
                                for Indian Tribes, Tribal 
                                organizations, and Urban Indian 
                                organizations for child care 
                                assistance;
                                    (II) reserve not less than 0.5 of 1 
                                percent for Guam, American Samoa, the 
                                Commonwealth of the Northern Mariana 
                                Islands, and the United States Virgin 
                                Islands for child care assistance; and
                                    (III) from the amount so 
                                appropriated and not reserved under 
                                subclauses (I) and (II), make 
                                allotments to each State in the same 
                                manner as the Secretary makes such 
                                allotments using the formula under 
                                section 658O(b) of the Child Care and 
                                Development Block Grant Act of 1990 (42 
                                U.S.C. 9858n(b)).
                                    (IV) $9,600,000,000 for each of the 
                                fiscal years 2022 through 2027 to carry 
                                out the program of grants to localities 
                                in subsection (i).
                            (ii) Definition.--For purposes of this 
                        paragraph, the term ``State'' means the 50 
                        States, the District of Columbia, and the 
                        Commonwealth of Puerto Rico.
                    (B) Payments.--
                            (i) Indian tribes, tribal organizations, 
                        and urban indian organizations.--
                                    (I) In general.--For each of fiscal 
                                years 2022 through 2024, from the 
                                amount reserved for Indian Tribes, 
                                Tribal organizations, and Urban Indian 
                                organizations under subparagraph 
                                (A)(i)(I), the Secretary shall make 
                                payments to Indian Tribes, Tribal 
                                organizations, and Urban Indian 
                                organizations, and the Tribes, Tribal 
                                organizations, and Indian organizations 
                                shall be entitled to such payments, for 
                                carrying out programs or activities 
                                consistent with the objectives of this 
                                section.
                                    (II) Applications.--An Indian 
                                Tribe, Tribal organization, or Urban 
                                Indian organization seeking a payment 
                                under clause (ii)(II) shall submit an 
                                application to the Secretary at such 
                                time, in such manner, and containing 
                                such information as the Secretary may 
                                specify, including the agreement 
                                described in subsection (f)(4)(K).
                            (ii) Territories.--
                                    (I) In general.--For each of fiscal 
                                years 2022 through 2024, from the 
                                amount reserved for territories under 
                                subsection (A)(i)(II), the Secretary 
                                shall make payments to the territories 
                                specified in that paragraph, and the 
                                territories shall be entitled to such 
                                payments, for carrying out programs or 
                                activities consistent with the 
                                objectives of this section.
                                    (II) Applications.--A territory 
                                specified in clause (i)(II) seeking a 
                                payment under this clause shall submit 
                                an application to the Secretary at such 
                                time, in such manner, and containing 
                                such information as the Secretary may 
                                specify, including the agreement 
                                described in subsection (f)(4)(K).
                            (iii) States.--For each of fiscal years 
                        2022 through 2024, each State that has an 
                        application approved under subsection (f) shall 
                        be entitled to a payment under this clause in 
                        the amount equal to its allotment under 
                        subparagraph (A) for such fiscal year.
                    (C) Authorities.--Notwithstanding any other 
                provision of this paragraph, for each of fiscal years 
                2022 through 2024, the Secretary shall have the 
                authority to reallot funds that were allotted under 
                subparagraph (A) from any State without an approved 
                application under subsection (f) by the date required 
                by the Secretary, to States with approved applications 
                under that subsection, to Tribes with an approved 
                application under subparagraph (A)(ii), and to 
                territories with an approved application under .
            (2) Payments for fiscal years 2025 through 2027.--
                    (A) In general.--For each of fiscal years 2025 
                through 2027:
                            (i) Child care assistance for eligible 
                        children.--
                                    (I) In general.--The Secretary 
                                shall pay to each State with an 
                                approved application under subsection 
                                (f), and that State shall be entitled 
                                to, an amount for each quarter equal to 
                                90 percent of expenditures in the 
                                quarter for child care assistance for 
                                eligible children described under 
                                subsection (h)(2)(B). The Secretary 
                                shall pay to each State with an 
                                approved application under subsection 
                                (f), and that State shall be entitled 
                                to, an amount for each quarter equal to 
                                90 percent of expenditures in the 
                                quarter for the components of the child 
                                care entitlement program described 
                                under subsection (h)(2)(B).
                                    (II) Exception.--Funds reserved 
                                from the amount under subsection 
                                (h)(2)(C) shall be subject to clause 
                                (ii).
                            (ii) Activities to improve the quality and 
                        supply of child care services.--The Secretary 
                        shall pay to each State with such an approved 
                        application, and that State shall be entitled 
                        to, an amount for each quarter equal to the 
                        FMAP of expenditures in the quarter to carry 
                        out the quality and supply building activities 
                        under subsection (h)(2)(C) subject to the limit 
                        specified in clause (i) of such subsection.
                            (iii) Administration.--The Secretary shall 
                        pay to each State with such an approved 
                        application, and that State shall be entitled 
                        to, an amount for each quarter equal to 50 
                        percent of expenditures in the quarter for the 
                        costs of administration incurred by the State--
                                    (I) which shall include reasonable 
                                costs incurred by the State in carrying 
                                out the child care program established 
                                in this section; and
                                    (II) which may include, at the 
                                option of the State, costs associated 
                                with carrying out requirements, 
                                policies, and procedures described in 
                                section 658H of the Child Care and 
                                Development Block Grant Act (42 U.S.C. 
                                9858f).
                    (B) Advance payment; retrospective adjustment.--For 
                each of fiscal years 2025 through 2027, the Secretary 
                may make payments under this subsection for each 
                quarter on the basis of advance estimates of 
                expenditures submitted by the State and such other 
                investigation as the Secretary may find necessary, and 
                shall reduce or increase the payments as necessary to 
                adjust for any overpayment or underpayment for previous 
                quarters.
                    (C) Flexibility in submittal of claims.--Nothing in 
                this subsection shall be construed as preventing a 
                State from claiming as expenditures in a quarter 
                expenditures that were incurred in a previous quarter 
                and not claimed in such previous quarter.
                    (D) Territories and tribes.--For each of fiscal 
                years 2025 through 2027, the Secretary shall make 
                payments to territories, and Indian tribes, tribal 
                organizations, and Urban Indian organizations, with 
                applications submitted as described in subsection (a), 
                and approved by the Secretary. The territories, Indian 
                tribes, tribal organizations, and Urban Indian 
                organizations shall be entitled to such payments to 
                carry out the activities described in subsection 
                (h)(2).
    (h) Use of Funds.--
            (1) Use of funds for transition years.--For each of fiscal 
        years 2022 through 2024, a State that receives a payment under 
        subsection (g)(1) shall reserve and use--
                    (A) 50 percent of such payment for activities to--
                            (i) expand access to child care assistance 
                        for eligible children (with priority for 
                        providing access for children in families with 
                        incomes less than 85 percent of the State 
                        median income); and
                            (ii) increase child care provider payment 
                        rates to support the cost of providing high-
                        quality child care services, including rates 
                        sufficient to support increased wages for staff 
                        of eligible child care providers;
                    (B) 25 percent of such payment for activities 
                described in subsection (b)(3); and
                    (C) 25 percent for activities under subparagraph 
                (A) or activities under subparagraph (B), as determined 
                by the State.
            (2) Use of funds for fiscal years 2025 through 2027.--
                    (A) In general.--Starting on October 1, 2024, a 
                State shall use amounts provided to the State under 
                subsection (g)(2) for child care services (provided on 
                a sliding fee scale basis), activities to improve the 
                quality and supply of child care services, and State 
                administration.
                    (B) Child care assistance for eligible children.--
                            (i) In general.--The State shall ensure 
                        that parents of eligible children can access 
                        child care services provided by an eligible 
                        child care provider through a grant or contract 
                        under clause (ii) or a certificate under clause 
                        (iii).
                            (ii) Grants and contracts.--The State shall 
                        award grants or contracts to eligible child 
                        care providers, consistent with the 
                        requirements under this section, for the 
                        provision of child care services for eligible 
                        children that, at minimum, support providers' 
                        operating expenses to meet and sustain health, 
                        safety, quality, and wage standards required 
                        under this section.
                            (iii) Certificates.--The State shall issue 
                        a child care certificate directly to a child 
                        care provider on behalf of a parent who may use 
                        such certificate only as payment for child care 
                        services or as a deposit for child care 
                        services if such a deposit is required of other 
                        children being cared for by the provider, 
                        consistent with the requirements under this 
                        section.
                    (C) Activities to improve the quality and supply of 
                child care services.--
                            (i) Quality child care activities.--
                                    (I) Amount.--For each of fiscal 
                                years 2025 through 2027, from the total 
                                of the annual payments made to the 
                                State for a particular fiscal year, the 
                                State shall reserve and use a quality 
                                child care amount equal to not less 
                                than 5 percent and not more than 10 
                                percent of the amount made available to 
                                the State through such payments for 
                                that particular fiscal year (and shall 
                                reserve and use a proportional amount 
                                from each quarterly payment made to the 
                                State for that particular fiscal year).
                                    (II) Use of quality child care 
                                amount.--Each State shall use the 
                                quality child care amount described in 
                                subclause (I) to implement activities 
                                described in subparagraphs (B) and (C) 
                                that increase the quality and supply of 
                                eligible child care providers, and the 
                                number of available slots in the State 
                                for child care services funded under 
                                this section, prioritizing assistance 
                                for child care providers who are in 
                                underserved communities and who are 
                                providing, or are seeking to provide, 
                                child care services for underserved 
                                populations identified in subsection 
                                (f)(4)(H).
                                    (III) Administration.--Assistance 
                                provided under this subparagraph may be 
                                administered--
                                            (aa) directly by the lead 
                                        agency; or
                                            (bb) through other State 
                                        government agencies, local or 
                                        regional child care resource 
                                        and referral organizations, 
                                        community development financial 
                                        institutions, other 
                                        intermediaries with experience 
                                        supporting child care 
                                        providers, or other appropriate 
                                        entities that enter into a 
                                        contract with the State to 
                                        provide such assistance.
                            (ii) Activities.--Activities funded under 
                        the quality child care amount described in 
                        clause (i) shall include each of the following:
                                    (I) Startup grants and supply 
                                expansion grants.--
                                            (aa) In general.--From a 
                                        portion of the quality child 
                                        care amount, a State shall make 
                                        startup and supply expansion 
                                        grants to support child care 
                                        providers who are providing, or 
                                        seeking to provide, child care 
                                        services to children receiving 
                                        assistance under this section, 
                                        with priority for providers 
                                        providing or seeking to provide 
                                        child care in underserved 
                                        communities and for underserved 
                                        populations identified in 
                                        subsection (f)(4)(H), to--

                                                    (AA) support 
                                                startup and expansion 
                                                costs; and

                                                    (BB) assist such 
                                                providers in meeting 
                                                health and safety 
                                                requirements and 
                                                achieving licensure.

                                            (bb) Requirement.--As a 
                                        condition of receiving a 
                                        startup or supply expansion 
                                        grant under this subclause, a 
                                        child care provider shall 
                                        commit to meeting the 
                                        requirements of an eligible 
                                        provider under this section, 
                                        and providing child care 
                                        services to children receiving 
                                        assistance under this section 
                                        on an ongoing basis.
                                    (II) Quality grants.--From a 
                                portion of the quality child care 
                                amount, a State shall provide quality 
                                grants to eligible child care providers 
                                providing child care services to 
                                children receiving assistance under 
                                this section to improve the quality of 
                                such providers, including--
                                            (aa) supporting such 
                                        providers in meeting or making 
                                        progress toward the 
                                        requirements for the highest 
                                        tier of the State's tiered 
                                        system for measuring the 
                                        quality of child care providers 
                                        under subsection (f)(4)(B); and
                                            (bb) supporting such 
                                        providers in sustaining child 
                                        care quality.
                                    (III) Facilities grants.--
                                            (aa) In general.--From a 
                                        portion of the quality child 
                                        care amount, a State shall 
                                        provide support, including 
                                        through awarding facilities 
                                        grants, for remodeling, 
                                        renovation, or repair of a 
                                        building or facility to the 
                                        extent permitted under section 
                                        658F(b) of the Child Care and 
                                        Development Block Grant Act of 
                                        1990 (42 U.S.C. 9858).
                                            (bb) Additional uses.--For 
                                        fiscal years 2022 through 2024, 
                                        and in subsequent years with 
                                        approval from the Secretary, a 
                                        State may provide such 
                                        facilities grants for 
                                        construction, permanent 
                                        improvement, or major 
                                        renovation of a building or 
                                        facility primarily used for 
                                        providing child care services, 
                                        in accordance with the 
                                        following:

                                                    (AA) Federal 
                                                interest provisions 
                                                will not apply to the 
                                                renovation or 
                                                rebuilding of 
                                                privately-owned family 
                                                child care homes under 
                                                this subclause.

                                                    (BB) Eligible child 
                                                care providers may not 
                                                use funds for buildings 
                                                or facilities that are 
                                                used primarily for 
                                                sectarian instruction 
                                                or religious worship.

                                                    (CC) The Secretary 
                                                shall develop 
                                                parameters on the use 
                                                of funds under this 
                                                subclause for family 
                                                child care homes.

                                                    (DD) The Secretary 
                                                shall not retain 
                                                Federal interest after 
                                                a period of 10 years in 
                                                any facility built, 
                                                renovated, or repaired 
                                                with funds awarded 
                                                under this subclause.

                                    (IV) Additional activities to 
                                improve the quality of child care 
                                services.--A State shall use a portion 
                                of the quality child care amount to 
                                improve the quality of child care 
                                services, which shall include--
                                            (aa) supporting the 
                                        training and professional 
                                        development of the early 
                                        childhood workforce, including 
                                        supporting degree attainment 
                                        and credentialing for early 
                                        childhood educators;
                                            (bb) developing, 
                                        implementing, or enhancing the 
                                        State's tiered system for 
                                        measuring the quality of child 
                                        care providers under subsection 
                                        (f)(4)(B);
                                            (cc) improving the supply 
                                        and quality of developmentally 
                                        appropriate child care programs 
                                        and services for underserved 
                                        populations described in 
                                        subsection (f)(4)(H);
                                            (dd) improving access to 
                                        child care services for 
                                        children experiencing 
                                        homelessness and children in 
                                        foster care; and
                                            (ee) other activities to 
                                        improve the supply and quality 
                                        of child care services, 
                                        including activities described 
                                        in paragraphs (1) through (10) 
                                        of section 658G(b) of the Child 
                                        Care and Development Block 
                                        Grant Act of 1990 42 U.S.C. 
                                        9858e).
                                    (V) Technical assistance.--From a 
                                portion of the quality child care 
                                amount, the State shall provide 
                                technical assistance to increase the 
                                supply and quality of eligible child 
                                care providers who are providing, or 
                                seeking to provide, child care services 
                                to children receiving assistance under 
                                this section, including providing 
                                support to enable providers to achieve 
                                licensure.
    (i)  Grants to Localities.--
            (1) Definition of eligible locality.---In this subsection 
        the term ``eligible locality'' means a city, county, or other 
        unit of general local government, or a Head Start grantee.
            (2)(A) In general.--The Secretary shall use funds reserved 
        in subsection (g)(1)(A)(i)(IV)) to award local Birth through 
        Five Child Care and Early Learning Grants to eligible 
        localities located in States that have made it apparent that 
        they will not apply for payments under subsection (f). The 
        Secretary shall award the grants to eligible localities in a 
        State from the allotment made for that State under subparagraph 
        (B). The Secretary shall specify the requirements for an 
        eligible locality to provide access to child care to children 
        in families with income that does not exceed 200 percent of the 
        Federal poverty level, which shall, to the greatest extent 
        practicable, be consistent with the requirements applicable to 
        States under this section.
                    (B) Application.--To receive a grant from the 
                corresponding State allotment under this subsection, an 
                eligible locality shall submit an application to the 
                Secretary at such time, in such manner, and containing 
                such information as the Secretary may require. The 
                requirements for the application shall, to the greatest 
                extent practicable, be consistent with the State plan 
                requirements applicable to States under this subsection 
                (f).
                    (C) Priority for localities serving underserved 
                populations.--In awarding a grant under this paragraph, 
                the Secretary, shall give priority to eligible 
                localities seeking to serve underserved populations.
    (j) Program Requirements.--
            (1) Nondiscrimination.--The following provisions of law 
        shall apply to any program or activity that receives funds 
        provided under this section:
                    (A) Title IX of the Education Amendments of 1972 
                (20 U.S.C. 1681 et seq.).
                    (B) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    (C) Section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794).
                    (D) The Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.).
                    (E) Section 654 of the Head Start Act (42 U.S.C. 
                9849).
            (2) Maintenance of effort.--To be eligible to receive a 
        grant under this section, a State shall that receives payments 
        under this section for a fiscal year, in using the funds made 
        available through the payments, shall maintain child care 
        assistance for families at levels not less than the levels 
        provided by the State in fiscal year 2021. The Secretary shall 
        determine the State expenditures allowable under this 
        requirement.
    (k) Monitoring and Enforcement.--
            (1) Review of compliance with requirements and state 
        plan.--The Secretary shall review and monitor State compliance 
        with this section and the plan described in subsection (f)(4) 
        of the State.
            (2) Issuance of rule.--The Secretary shall establish by 
        rule procedures for--
                    (A) receiving, processing, and determining the 
                validity of complaints or findings concerning any 
                failure of a State to comply with the State plan or any 
                other requirement of this section;
                    (B) notifying a State when the Secretary has 
                determined there has been a failure by the State to 
                comply with a requirement of this section; and
                    (C) imposing sanctions under this subsection for 
                such a failure.
    (l) Administration.--Using funds reserved under subsection (b)(2), 
the Secretary shall provide technical assistance to States, territories 
and Indian Tribes and carry out research, evaluations, and 
administration related to this section.
    (m) Transition Provisions.--
            (1) Treatment of child care and development block grant 
        funds.--For each of fiscal years 2025, 2026, and 2027, a State 
        receiving assistance under this section shall not use more than 
        10 percent of any funds received under the Child Care and 
        Development Block Grant Act of 1990 to provide child care 
        assistance to children under the age of 6, who are eligible 
        under that Act.
            (2) Special rules regarding eligibility.--Any child who is 
        less than 6 years of age, is not yet in kindergarten, and is 
        receiving assistance under the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9857 et seq.) on the date funding 
        is first allocated to the lead agency under this section--
                    (A) shall be deemed immediately eligible to receive 
                assistance under this section; and
                    (B) may continue to use the child care provider of 
                the family's choice.
            (3) Transition procedures.--The Secretary is authorized to 
        institute procedures for implementing this section, including 
        issuing guidance for States receiving funds under subsection 
        (g).

SEC. 23002. UNIVERSAL PRESCHOOL.

    (a) Definitions.--In this section:
            (1) Child experiencing homelessness.--The term ``child 
        experiencing homelessness'' means an individual who is a 
        homeless child or youth under section 725 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11434a).
            (2) Child with a disability.--The term ``child with a 
        disability'' has the meaning given the term in section 602 of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401).
            (3) Comprehensive services.--The term ``comprehensive 
        services'' means services that are provided to low-income 
        children and their families, and that are health, educational, 
        nutritional, social, and other services that are determined, 
        based on family needs assessments, to be necessary, within the 
        means of section 636 of the Head Start Act (42 U.S.C. 9831).
            (4) Dual language learner.--The term ``dual language 
        learner'' means an individual who is limited English 
        proficient, as defined in section 637 of the Head Start Act (42 
        U.S.C. 9832).
            (5) Eligible child.--The term ``eligible child'' means a 
        child who is age 3 or 4, on the date established by the 
        applicable local educational agency for kindergarten entry.
            (6) Eligible provider.--The term ``eligible provider'' 
        means--
                    (A) a local educational agency, acting alone or in 
                a consortium or in collaboration with an educational 
                service agency (as defined in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801)), that is licensed by the State or meets 
                comparable health and safety standards;
                    (B) a Head Start agency or delegate agency funded 
                under the Head Start Act (42 U.S.C. 9831 et seq.);
                    (C) a licensed center-based child care provider, 
                licensed family child care provider, or community- or 
                neighborhood-based network of licensed family child 
                care providers; or
                    (D) a consortium of entities described in any of 
                subparagraphs (A), (B), and (C).
            (7) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (8) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965.
            (9) Poverty guidelines.--The term ``poverty guidelines'' 
        means the poverty guidelines updated periodically in the 
        Federal Register by the Department of Health and Human Services 
        under the authority of section 673 of the Community Services 
        Block Grant Act (42 U.S.C. 9902).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (11) State.--The term ``State'' means each of the several 
        States and the District of Columbia.
            (12) Territory.--The term ``territory'' means each of the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            (13) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term ``tribal organization'' in 
        section 658P of the Child Care and Development Block Grant Act 
        of 1990 (42 U.S.C. 9858n).
            (14) Urban indian organization.--The term ``Urban Indian 
        organization'' has the meaning given the term in section 4 of 
        the Indian Health Care Improvement Act (25 U.S.C. 1602).
    (b) Universal Preschool.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for each of 
        fiscal years 2022 through 2028, out of any money in the 
        Treasury not otherwise appropriated, such sums as may be 
        necessary to carry out this section and provide the Federal 
        share of the cost of universal, high-quality, free, inclusive, 
        and mixed delivery preschool services, on a voluntary basis, to 
        children throughout the States under this section, including 
        providing the Federal share of the cost of State activities 
        described in subsection (c)(4).
            (2) Secretarial reservations.--The Secretary, in 
        collaboration with the Secretary of Education, shall reserve, 
        from the amount appropriated under this subsection--
                    (A) not less than 4 percent for payments to Indian 
                Tribes, Tribal organizations, and Urban Indian 
                organizations for activities described in this section;
                    (B) not more than \1/2\ of 1 percent for the 
                territories, to be distributed among the territories on 
                the basis of their relative need, as determined by the 
                Secretary of Health and Human Services in accordance 
                with the objectives of this section, for activities 
                described in this section;
                    (C) \1/2\ of 1 percent for eligible local entities 
                that serve children in families who are engaged in 
                migrant or seasonal agricultural labor, for activities 
                described in this section;
                    (D) for Federal activities, including 
                administration, monitoring, technical assistance, and 
                research--
                            (i) $165,000,000 for fiscal year 2022 and 
                        $200,000,000 for fiscal year 2023; and
                            (ii) for each of fiscal years 2025 through 
                        2028, not more than 2 percent;
                    (E) $2,500,000,000 for each of fiscal years 2022 
                through 2027 to improve compensation of Head Start 
                staff consistent with subparagraphs (A)(i) and 
                (B)(viii) of section 640(a)(5) of the Head Start Act 
                (42 U.S.C. 9835(a)(5)), notwithstanding section 
                653(a)(1) of such Act (43 U.S.C. 9848(a)(1); and
                    (F) $1,250,000,000 annually for each of fiscal 
                years 2023 through 2028 to carry out the program of 
                grants to localities described in subsection (e).
    (c) Payments for State Universal Preschool Services.--
            (1) In general.--A State that has submitted, and had 
        approved by the Secretary, a State plan for universal preschool 
        services is entitled to a payment under this subsection.
            (2) Payments to states.--
                    (A) Preschool services.--The Secretary shall pay to 
                each State with an approved State plan under paragraph 
                (6), an amount for each year equal to--
                            (i) 100 percent of the State's expenditures 
                        in the year for preschool services described in 
                        subsection (d), for each of fiscal years 2022, 
                        2023, and 2024;
                            (ii) 90 percent of the State's expenditures 
                        in the year for such preschool services, for 
                        fiscal year 2025;
                            (iii) 80 percent of the State's 
                        expenditures in the year for such preschool 
                        services, for fiscal year 2026;
                            (iv) 70 percent of the State's expenditures 
                        in the year for such preschool services, for 
                        fiscal year 2027; and
                            (v) 60 percent of the State's expenditures 
                        in the year for such preschool services, for 
                        fiscal year 2028.
                    (B) State activities.--The Secretary shall pay to 
                each State with an approved State plan under paragraph 
                (6) an amount for a fiscal year equal to 50 percent of 
                the amount of the State's expenditures for the 
                activities described in paragraph (4), except that in 
                no case shall a payment for a fiscal year under this 
                subparagraph exceed the amount equal to 10 percent of 
                the State's expenditures described in subparagraph (A) 
                for such fiscal year.
                    (C) Non-federal share.--The remainder of the cost 
                paid by the State for preschool services, that is not 
                provided under subparagraph (A), shall be considered 
                the non-Federal share of the cost of those services. 
                The remainder of the cost paid by the State for State 
                activities, that is not provided under subparagraph 
                (B), shall be considered the non-Federal share of the 
                cost of those activities.
            (3) Advance payment; retrospective adjustment.--The 
        Secretary may make a payment under subparagraph (A) or (B) of 
        paragraph (2) for a year on the basis of advance estimates of 
        expenditures submitted by the State and such other 
        investigation as the Secretary may find necessary, and may 
        reduce or increase the payment as necessary to adjust for any 
        overpayment or underpayment for a previous year.
            (4) State activities.--A State that receives a payment 
        under paragraph (2)(B) shall carry out all of the following 
        activities:
                    (A) State administration of the State's preschool 
                services program described in this section.
                    (B) Supporting a continuous quality improvement 
                system through the use of data, researching, 
                monitoring, training, technical assistance, 
                professional development, and coaching to support 
                providers participating or seeking to participate in 
                the State's preschool services program and to support 
                such providers in meeting the requirements of this 
                section.
                    (C) Providing outreach and enrollment support for 
                families of eligible children, including specific 
                outreach to families of underserved populations.
                    (D) Supporting data systems building.
                    (E) Supporting staff of eligible providers in 
                pursuing credentials and degrees, including 
                baccalaureate degrees.
                    (F) Supporting activities that ensure access to 
                inclusive preschool programs for children with 
                disabilities, including, as applicable, activities that 
                redesign or restructure existing preschool programs, as 
                of the date of the activity, to improve inclusive 
                services for children with disabilities.
                    (G) Providing age-appropriate transportation 
                services for children, which at a minimum shall include 
                transportation services for children experiencing 
                homelessness and children in foster care.
                    (H) Conducting or updating the State's statewide 
                needs assessment used for purposes of paragraph 
                (6)(B)(ii).
            (5) Lead agency.--The Governor of a State desiring to 
        receive a payment under this subsection shall designate a State 
        lead agency (such as a State agency or joint interagency 
        office) for the administration of the universal preschool 
        services program under this section.
            (6) State plan.--In order to be eligible for payments under 
        this section, the Governor of a State shall submit a State plan 
        for universal, high-quality, free, inclusive, and mixed 
        delivery preschool services to the Secretary for approval at 
        such time, in such manner, and containing such information as 
        the Secretary, in collaboration with the Secretary of 
        Education, may require. Such plan shall include each of the 
        following:
                    (A) A certification that the State has in place 
                developmentally appropriate, evidence-based preschool 
                standards that, at a minimum are as rigorous as the 
                standards specified in subparagraph (B) of section 
                641A(a)(1) of the Head Start Act (42 U.S.C. 
                9836a(a)(1)) and include program standards for class 
                sizes and ratios.
                    (B) A certification that the State will prioritize 
                the establishment and expansion of universal, high-
                quality, free, inclusive, and mixed delivery preschool 
                services in high-need communities, as identified by the 
                State, including--
                            (i) a description of which high-need 
                        communities the State will prioritize for that 
                        establishment and expansion within and across 
                        those communities;
                            (ii) a description of how the State 
                        determined which communities are high-need 
                        communities, including how the State used a 
                        research-based methodology, approved by the 
                        Secretary, to identify and serve such 
                        communities, as determined by--
                                    (I) the rate of poverty among 
                                eligible children in the community;
                                    (II) rates of access to high-
                                quality preschool within the community, 
                                including, as applicable, rates of 
                                disparities for underserved or 
                                vulnerable populations as identified 
                                through a periodic needs assessment 
                                conducted through the preschool 
                                development grants program under 
                                section 9212 of the Every Student 
                                Succeeds Act (42 U.S.C. 9831 note) as 
                                applicable, or through another such 
                                statewide needs assessment; and
                                    (III) other indicators of community 
                                need as required by the Secretary; and
                            (iii) an assurance that the State will 
                        distribute funding for such preschool services 
                        under this section within such a high-need 
                        community so that a majority of children in the 
                        community are offered such preschool services 
                        before the State establishes and expands free 
                        preschool services in communities with lower 
                        levels of need.
                    (C) As applicable, a description of how the State 
                plans to use funding provided under this section to 
                ensure that existing (as of the date of submission of 
                the State plan) publicly funded preschool programs in 
                the State meet the requirements of this section for a 
                preschool program.
                    (D) A certification that the State will, in 
                establishing and operating the program of preschool 
                services supported under this section, support a mixed 
                delivery preschool system, including a certification 
                that the State will facilitate the participation in the 
                system of Head Start programs and programs offered by 
                other eligible providers, including providers of 
                licensed family child care).
                    (E) An assurance that the State will use funding 
                provided under this section to ensure children with 
                disabilities have access to and participate in 
                inclusive preschool programs consistent with provisions 
                in the Individuals with Disabilities Education Act, 
                including an assurance that the State will offer 
                inclusive programming that supports the least 
                restrictive environment requirements in Section 619 of 
                the Individuals with Disabilities Act for all eligible 
                children who are children with disabilities.
                    (F) A certification that the State will support the 
                continuous quality improvement of programs providing 
                preschool services under this section, including 
                support through technical assistance, monitoring, and 
                research.
                    (G) A certification that the State will ensure a 
                highly qualified early childhood workforce to support 
                the requirements of this section.
                    (H) A description of how the State will coordinate 
                the State's preschool standards described in 
                subparagraph (A) with other early learning standards 
                within the State.
                    (I) A description of how the State will--
                            (i) coordinate services and funding 
                        provided under this section with services and 
                        funding for other Federal, State, and local 
                        child care and early childhood development 
                        programs;
                            (ii) at the option of an Indian Tribe or 
                        Tribal organization in the State, collaborate 
                        and coordinate services and funding with such 
                        Indian Tribe or Tribal organization;
                            (iii) partner with Head Start agencies to 
                        ensure the full utilization of Head Start 
                        programs within the State;
                            (iv) collaborate with entities carrying out 
                        programs under section 619 or part C of the 
                        Individuals with Disabilities Education Act, to 
                        support inclusive preschool programs; and
                            (v) improve transitions of children from 
                        early childhood education to elementary school.
                    (J) An assurance that the State will partner with 
                not less than 1 institution of higher education to 
                facilitate degree attainment for staff of preschool 
                programs.
                    (K) An assurance that the State will ensure all 
                preschool services in the State funded under this 
                section will be--
                            (i)(I) universally available to all 
                        children in the State without any additional 
                        eligibility requirements; and
                                    (II) be high quality, free, and 
                                inclusive;
                            (ii) by not later than 1 year after 
                        receiving such funding, meet the State's 
                        preschool education standards described in 
                        subparagraph (A);
                            (iii) offer programming that meets the 
                        duration requirements of at least 1,020 annual 
                        hours, in the program performance standards 
                        applicable to Head Start programs described in 
                        section 641A of the Head Start Act (42 U.S.C. 
                        9836a);
                            (iv) adopt policies and practices to 
                        conduct outreach and provide expedited 
                        enrollment, including prioritization, to--
                                    (I) children experiencing 
                                homelessness;
                                    (II) children in foster care or 
                                kinship care;
                                    (III) children in families who are 
                                engaged in migrant or seasonal 
                                agricultural labor;
                                    (IV) children with disabilities, 
                                including children served under part C 
                                of the Individuals with Disabilities 
                                Education Act who are an eligible child 
                                under section 101(a)(3) of this Act; 
                                and
                                    (V) dual language learners;
                            (v) provide salaries, and set salary 
                        schedules, for staff that are equivalent to 
                        salaries of elementary school staff with 
                        similar credentials and experience;
                            (vi) at a minimum, provide a living wage 
                        for all staff of such providers; and
                            (vii) require educational qualifications 
                        for teachers (excluding individuals who were 
                        employed by an eligible child care provider or 
                        early education program for a cumulative three 
                        of the last five years from the date of 
                        enactment and have the necessary content 
                        knowledge and teaching skills for early 
                        childhood educators, as demonstrated through 
                        measures determined by the State) in the 
                        preschool program including, at a minimum, 
                        requiring that lead teachers in the preschool 
                        program have a baccalaureate degree in early 
                        childhood education or a related field by not 
                        later than 7 years after the date of enactment 
                        of this Act (The requirements specified in this 
                        clause shall not apply to individuals who were 
                        employed by an eligible child care provider or 
                        early education program for a cumulative 3 of 
                        the last 5 years from the date of enactment and 
                        have the necessary content knowledge and 
                        teaching skills for early childhood educators, 
                        as demonstrated through measures determined by 
                        the State.).
                    (L) An assurance that the State will meet the 
                requirements of clauses (ii) and (iii) of section 
                658E(c)(2)(T) of the Child Care and Development Block 
                Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(T)), with 
                respect to funding and assessments under this section.
                    (M) A certification that subgrant amounts described 
                under subsection (d) are sufficient to enable the 
                eligible provider to meet the requirements of this 
                title, and will provide for increased staff payment 
                amounts based on the criteria described in (K)(v) and 
                (vi).
                    (N) A certification that preschool seats will be 
                distributed equitably among child care (including 
                family child care), Head Start, and schools within the 
                State.
            (7) Duration of the plan.--Each State plan shall remain in 
        effect for a period of 3 years. Amendments to the State plan 
        shall remain in effect for the duration of the plan.
            (8) Transitional State Plan--The Secretary shall make 
        available a transitional State plan for a period of one year 
        that contains such information as the Secretary may require, to 
        demonstrate the State will meet the requirements of this title 
        and that includes--
                    (A) an assurance that the State will submit a State 
                plan under paragraph (6); and
                    (B) a description of how the funds received by the 
                State under this title will be spent to expand access 
                to universal, high-quality, free, inclusive, and mixed 
                delivery preschool programs in alignment with the 
                requirements of this title.
    (d) Subgrants and Contracts for Local Preschool Programs.--
            (1) Subgrants and contracts.--
                    (A) In general.--A State that receives a payment 
                under subsection (c)(2)(A) for a fiscal year shall use 
                amounts provided through the payment to pay the Federal 
                share of the costs of subgrants to, or contracts with, 
                eligible providers to operate universal, high-quality, 
                free, inclusive, and mixed delivery preschool programs 
                through the State preschool program in accordance with 
                paragraph (2). A State shall reduce or increase the 
                amounts provided under such subgrants or contracts if 
                needed to adjust for any overpayment or underpayment 
                described in subsection (c)(3).
                    (B) Amount.--A State shall award a subgrant or 
                contract under this subsection in a sufficient amount 
                to enable the eligible provider to operate a universal, 
                high-quality, free, and inclusive preschool program 
                that meets the requirements of subsection (c)(6)(K) and 
                which amount shall reflect variations in the cost of 
                preschool services by geographic area, type of 
                provider, and age of child, and the additional costs 
                associated with providing inclusive preschool services 
                for children with disabilities .
                    (C) Duration.--The State shall award a subgrant or 
                contract under this subsection for a period of not less 
                than 3 years, unless the subgrant or contract is 
                terminated or suspended, or the subgrant period is 
                reduced, for cause.
            (2) Enhanced payments for comprehensive services.--In 
        awarding subgrants or contracts under this subsection and in 
        addition to meeting the requirements of paragraph (1)(B), the 
        State shall award subgrants or contracts with enhanced payments 
        to eligible providers that offer preschool programs funded 
        under this subsection to a high percentage of low-income 
        children to support--
                    (A) comprehensive services, including social, 
                emotional and other services that support child well-
                being;
                    (B) health and developmental screenings; and
                    (C) service referral for children and families 
                served by the program involved.
            (3) Establishing and expanding universal preschool 
        programs.--
                    (A) Establishing and expanding universal preschool 
                programs in high-need communities.--In awarding 
                subgrants or contracts under this subsection, the State 
                shall first prioritize establishing and expanding 
                universal preschool programs within and across high-
                need communities identified under subsection (c)(6)(B) 
                by awarding subgrants or contracts to eligible 
                providers operating within, or with capacity to operate 
                within and across, such high-need communities. Such 
                subgrants or contracts shall be used to enroll and 
                serve children in the preschool program, including--
                            (i) personnel (including classroom and 
                        administrative personnel), including 
                        compensation and benefits;
                            (ii) costs associated with implementing the 
                        State's preschool standards, providing 
                        curriculum sports, and meeting early learning 
                        and development standards;
                            (iii) professional development, teacher 
                        supports, and training;
                            (iv) implementing developmentally 
                        appropriate health and safety standards 
                        (including licensure, where applicable), 
                        teacher to child ratios, and group size 
                        maximums;
                            (v) materials, equipment and supplies;
                            (vi) meeting health and safety standards, 
                        including licensure; and
                            (vii) rent or mortgage, utilities, building 
                        security, indoor and outdoor maintenance, and 
                        insurance.
            (4) Establishing and expanding universal preschool programs 
        in additional communities.--Once a State that receives a 
        payment under subsection (c)(2)(A) meets the requirements of 
        paragraph (2) with respect to establishing and expanding 
        preschool programs within and across high-need communities, the 
        State shall use any remaining funds from such payment to enroll 
        and serve children in preschool programs, as described in such 
        paragraph, to additional communities in accordance with the 
        statewide needs assessment used for purposes of paragraph 
        (6)(B)(ii). Such funds shall be used for the activities 
        described in (2)(A)(i)-(viii).
    (e) Grants to Localities.--
            (1) Definitions.--In this subsection:
                    (A) Eligible locality.--The term ``eligible 
                locality'' means a city, county, or other unit of 
                general local government, a local educational agency, 
                or a Head Start agency.
                    (B) Low-income young child.--The term ``low-income 
                young child'' means a child who is under age 6 and from 
                a family with a family income that is not more than 200 
                percent of the poverty guidelines.
            (2) In general.--The Secretary shall use funds reserved in 
        subsection (b)(2)(F) to award local universal preschool grants 
        to eligible localities located in States that have made it 
        apparent that they will not apply for payments under subsection 
        (c)(2)(A). The Secretary shall award the grants to eligible 
        localities in a State from the allotment made for that State 
        under paragraph (3). The Secretary shall specify the 
        requirements for an eligible locality to conduct a preschool 
        services program under this subsection which shall, to the 
        greatest extent practicable, be consistent with the 
        requirements applicable to States under this section, including 
        ensuring a free, universal, high-quality, inclusive mixed 
        delivery preschool system.
            (3) Allotments.--For each State described in paragraph (2), 
        the Secretary shall allot for the State an amount that bears 
        the same relationship to the funds reserved under subsection 
        (b)(2)(F) as the number of low-income young children in the 
        State bears to the total of all such children in States 
        described in paragraph (2).
            (4) Application.--To receive a grant from the corresponding 
        State allotment under this subsection, an eligible locality 
        shall submit an application to the Secretary at such time, in 
        such manner, and containing such information as the Secretary 
        may require. The requirements for the application shall, to the 
        greatest extent practicable, be consistent with the State plan 
        requirements applicable to States under this section.
            (5) Priority for localities serving underserved 
        communities.--In awarding a grant under this subsection, the 
        Secretary, in collaboration with the Secretary of Education, 
        shall give priority to eligible localities serving high-need 
        communities, determined in accordance with subsection 
        (d)(2)(B).
    (f) Allowable Sources of Non-Federal Share.--For purposes of 
calculating the amount of the non-Federal share, as determined under 
subsection (c), relating to a payment under such subsection, a State's 
non-Federal share--
            (1) may be in cash or in kind, fairly evaluated, including 
        facilities or property, equipment, or services;
            (2) shall include any increase in amounts spent by the 
        State to expand half-day kindergarten programs in the State, as 
        of the day before the date of enactment of this Act, into full-
        day kindergarten programs;
            (3) shall not include contributions being used as a non-
        Federal share or match for another Federal award;
            (4) shall be provided from State or local sources, 
        contributions from philanthropy or other private organizations, 
        or a combination of such sources and contributions and
            (5) shall count no more than 50 percent of the State's 
        current spending on prekindergarten programs (as of the date of 
        enactment of this Act) toward the State match.
    (g) Maintenance of Effort.--
            (1) In general.--If a State reduces its combined fiscal 
        effort per child for the State's preschool program (whether a 
        publicly funded preschool program or a program under this 
        section) or through State supplemental assistance funds for 
        Head Start programs assisted under the Head Start Act (42 
        U.S.C. 9831 et seq.), or through any State spending on 
        preschool services for any fiscal year that a State receives 
        payments under subparagraphs (A) and (B) of subsection (c)(2) 
        (referred to in this paragraph as the ``reduction fiscal 
        year'') relative to the previous fiscal year, the Secretary, in 
        collaboration with the Secretary of Education, shall reduce 
        support for such State under such subsection by the same amount 
        as the total reduction in State fiscal effort for such 
        reduction fiscal year.
            (2) Waiver.--The Secretary, in collaboration with the 
        Secretary of Education, may waive the requirements of paragraph 
        (1) if--
                    (A) the Secretaries determine that a waiver would 
                be appropriate due to a precipitous decline in the 
                financial resources of a State as a result of 
                unforeseen economic hardship, or a natural disaster, 
                that has necessitated across-the-board reductions in 
                State services during the 5-year period preceding the 
                date of the determination, including for early 
                childhood education programs; or
                    (B) due to the circumstance of a State requiring 
                reductions in specific programs, including early 
                childhood education, the State presents to the 
                Secretaries a justification and demonstration why other 
                programs could not be reduced and how early childhood 
                education programs in the State will not be 
                disproportionately harmed by such State reductions.
    (h) Supplement Not Supplant.--Funds received under this section 
shall be used to supplement and not supplant other Federal, State, and 
local public funds expended on early childhood education programs in 
the State.
    (i) Nondiscrimination Provisions.--The following provisions of law 
shall apply to any program or activity that receives funds provided 
under this section:
            (1) Title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.).
            (2) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d et seq.).
            (3) Section 504 of the Rehabilitation Act of 1973 (29 
        U.S.C. 794).
            (4) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (5) Section 654 of the Head Start Act (42 U.S.C. 9849)

            Subtitle E--Child Nutrition and Related Programs

SEC. 24001. EXPANDING COMMUNITY ELIGIBILITY.

    (a) Multiplier and Threshold Adjusted.--
            (1) Multiplier.--Clause (vii) of section 11(a)(1)(F) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)(F)) is amended to read as follows:
                            ``(vii) Multiplier.--
                                    ``(I) Implementation in 2022-
                                2030.--For each school year beginning 
                                on or after July 1, 2022, and ending 
                                before July 1, 2030, the Secretary 
                                shall use a multiplier of 2.5.
                                    ``(II) Implementation after 2030.--
                                For each school year beginning on or 
                                after July 1, 2030, the Secretary shall 
                                use a multiplier of 1.6.''.
            (2) Threshold.--Clause (viii) of section 11(a)(1)(F) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)(F)) is amended to read as follows:
                            ``(viii) Threshold.--
                                    ``(I) Implementation in 2022-
                                2030.--For each school year beginning 
                                on or after July 1, 2022, and ending 
                                before July 1, 2030, the threshold 
                                shall be not more than 25 percent.
                                    ``(II) Implementation after 2030.--
                                For each school year beginning on or 
                                after July 1, 2030, the threshold shall 
                                be not more than 40 percent.''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply to a local educational agency with respect to a 
        school year beginning on or after July 1, 2022, for which such 
        local educational agency elects to receive special assistance 
        payments under subparagraph (F) of section 11(a)(1) of the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1759a(a)(1)).
    (b) Statewide Community Eligibility.--Section 11(a)(1)(F) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) 
is amended by adding at the end the following:
                            ``(xiv) Statewide community eligibility.--
                        For each school year beginning on or after July 
                        1, 2022, and ending before July 1, 2030, the 
                        Secretary shall establish a statewide community 
                        eligibility program under which, in the case of 
                        a State agency that agrees to provide funding 
                        from sources other than Federal funds to ensure 
                        that local educational agencies in the State 
                        receive the free reimbursement rate for 100 
                        percent of the meals served at applicable 
                        schools--
                                    ``(I) the multiplier described in 
                                clause (vii) shall apply;
                                    ``(II) the threshold described in 
                                clause (viii) shall be applied by 
                                substituting zero for 25; and
                                    ``(III) the percentage of enrolled 
                                students who were identified students 
                                shall be calculated across all 
                                applicable schools in the State 
                                regardless of local educational 
                                agency.''.

SEC. 24002. DIRECT CERTIFICATION FOR CHILDREN RECEIVING MEDICAID 
              BENEFITS.

    (a) In General.--Section 9 of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1758(b)) is amended--
            (1) in subsection (b)--
                    (A) by amending paragraph (5) to read as follows:
            ``(5) Discretionary certification.--
                    ``(A) Free lunches or breakfasts.--Subject to 
                paragraph (6), any local educational agency may certify 
                any child as eligible for free lunches or breakfasts, 
                without further application, by directly communicating 
                with the appropriate State or local agency to obtain 
                documentation of the status of the child as--
                            ``(i) a member of a family that is 
                        receiving assistance under the temporary 
                        assistance for needy families program funded 
                        under part A of title IV of the Social Security 
                        Act (42 U.S.C. 601 et seq.) that the Secretary 
                        determines complies with standards established 
                        by the Secretary that ensure that the standards 
                        under the State program are comparable to or 
                        more restrictive than those in effect on June 
                        1, 1995;
                            ``(ii) a homeless child or youth (defined 
                        as 1 of the individuals described in section 
                        725(2) of the McKinney-Vento Homeless 
                        Assistance Act (42 U.S.C. 11434a(2));
                            ``(iii) served by the runaway and homeless 
                        youth grant program established under the 
                        Runaway and Homeless Youth Act (42 U.S.C. 5701 
                        et seq.);
                            ``(iv) a migratory child (as defined in 
                        section 1309 of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6399));
                            ``(v) an eligible child (as defined in 
                        paragraph (15)(A)); or
                            ``(vi)(I) a foster child whose care and 
                        placement is the responsibility of an agency 
                        that administers a State plan under part B or E 
                        of title IV of the Social Security Act (42 
                        U.S.C. 621 et seq.); or
                            ``(II) a foster child who a court has 
                        placed with a caretaker household.
                    ``(B) Reduced price lunches or breakfasts.--Subject 
                to paragraph (6), any local educational agency may 
                certify any child who is not eligible for free school 
                lunch or breakfast as eligible for reduced price 
                lunches or breakfasts, without further application, by 
                directly communicating with the appropriate State or 
                local agency to obtain documentation of the status of 
                the child as a child eligible for reduced price meals 
                (as defined in paragraph (15)(A)).'';
                    (B) in paragraph (6)(A), by striking ``or (5)'' 
                both places it appears and inserting ``(5), or (15)''; 
                and
                    (C) in paragraph (15)--
                            (i) in subparagraph (A)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) Eligible child.--The term `eligible 
                        child' means a child--
                                    ``(I)(aa) who is eligible for and 
                                receiving medical assistance under the 
                                Medicaid program; and
                                    ``(bb) who is a member of a family 
                                with an income as measured by the 
                                Medicaid program that does not exceed 
                                133 percent of the poverty line (as 
                                determined under the poverty guidelines 
                                updated periodically in the Federal 
                                Register by the Department of Health 
                                and Human Services under the authority 
                                of section 673(2) of the Community 
                                Services Block Grant Act (42 U.S.C. 
                                9902(2), including any revision 
                                required by such section)) applicable 
                                to a family of the size used for 
                                purposes of determining eligibility for 
                                the Medicaid program;
                                    ``(II) who is eligible for the 
                                Medicaid program because such child 
                                receives supplemental security income 
                                benefits under title XVI of the Social 
                                Security Act (42 U.S.C. 1381-1385) or 
                                State supplementary benefits of the 
                                type referred to in section 1616(a) of 
                                such Act (or payments of the type 
                                described in section 212(a) of Public 
                                Law 93-66);
                                    ``(III) who is eligible for the 
                                Medicaid program because such child 
                                receives an adoption assistance payment 
                                made under section 473(a) of the Social 
                                Security Act (42 U.S.C. 673(a)) or 
                                under a similar State-funded or State-
                                operated program, as determined by the 
                                Secretary;
                                    ``(IV) who is eligible for the 
                                Medicaid program because such child 
                                receives a kinship guardianship 
                                assistance payment made under section 
                                473(d) of the Social Security Act (42 
                                U.S.C. 673(d)) or under a similar 
                                State-funded or State-operated program, 
                                as determined by the Secretary, without 
                                regard to whether such child was 
                                previously in foster care; or
                                    ``(V) who is a member of a 
                                household (as that term is defined in 
                                section 245.2 of title 7, Code of 
                                Federal Regulations (or successor 
                                regulations)) with a child described in 
                                subclause (I), (II), (III), or (IV).''; 
                                and
                                    (II) by adding at the end the 
                                following:
                            ``(iii) Child eligible for reduced price 
                        meals.--The term `child eligible for reduced 
                        price meals' means a child--
                                    ``(I)(aa) who is eligible for and 
                                receiving medical assistance under the 
                                Medicaid program; and
                                    ``(bb) who is a member of a family 
                                with an income as measured by the 
                                Medicaid program that does exceed 133 
                                percent but does not exceed 185 percent 
                                of the poverty line (as determined 
                                under the poverty guidelines updated 
                                periodically in the Federal Register by 
                                the Department of Health and Human 
                                Services under the authority of section 
                                673(2) of the Community Services Block 
                                Grant Act (42 U.S.C. 9902(2), including 
                                any revision required by such section)) 
                                applicable to a family of the size used 
                                for purposes of determining eligibility 
                                for the Medicaid program; or
                                    ``(II) who is a member of a 
                                household (as that term is defined in 
                                section 245.2 of title 7, Code of 
                                Federal Regulations (or successor 
                                regulations)) with a child described in 
                                subclause (I).'';
                            (ii) by striking subparagraphs (B), (C), 
                        (D), (E), (G), and (H);
                            (iii) in subparagraph (F)--
                                    (I) in the enumerator, by striking 
                                ``(F)'' and inserting ``(D)''; and
                                    (II) by striking ``conducting the 
                                demonstration project under this 
                                paragraph'' and inserting ``carrying 
                                out this paragraph'';
                            (iv) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Agreements to carry out certification.--To 
                certify a child under subparagraph (A)(v) or (B) of 
                paragraph (5), a State agency shall enter into an 
                agreement with 1 or more State agencies conducting 
                eligibility determinations for the Medicaid program.
                    ``(C) Procedures.--Subject to paragraph (6), an 
                agreement under subparagraph (B) shall establish 
                procedures under which--
                            ``(i) an eligible child may be certified 
                        for free lunches under this Act and free 
                        breakfasts under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773), without 
                        further application (as defined in paragraph 
                        (4)(G)); and
                            ``(ii) a child eligible for reduced price 
                        meals may be certified for reduced price 
                        lunches under this Act or reduced price 
                        breakfasts under section 4 of the Child 
                        Nutrition Act of 1966 (42 U.S.C. 1773), without 
                        further application (as defined in paragraph 
                        (4)(G)).''; and
                            (v) by adding at the end the following:
                    ``(E) Sunset.--The authority under this paragraph 
                shall terminate on the last day of school year 2030-
                2031.''; and
            (2) in subsection (d)(2)(G), by inserting ``or child 
        eligible for reduced price meals'' after ``eligible child''.
    (b) Applicability.--The amendments made by this section shall apply 
with respect to the period--
            (1) beginning on July 1, 2022; and
            (2) ending on the last day of school year 2030-2031.

SEC. 24003. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.

    The Richard B. Russell National School Lunch Act is amended by 
inserting after section 13 (42 U.S.C. 1761) the following:

``SEC. 13A. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.

    ``(a) Program Established.--The Secretary shall establish a program 
under which States and covered Indian Tribal organizations 
participating in such program shall, beginning with summer 2023 and 
annually for each summer before the date described in subsection (g), 
issue to eligible households summer EBT benefits--
            ``(1) in accordance with this section; and
            ``(2) for the purpose of providing nutrition assistance 
        through electronic benefits transfer during the summer months 
        for eligible children, to ensure continued access to food when 
        school is not in session for the summer.
    ``(b) Summer EBT Benefits Requirements.--
            ``(1) Purchase options.--
                    ``(A) Benefits issued by states.--
                            ``(i) WIC participation states.--In the 
                        case of a State that participated in a 
                        demonstration program under section 749(g) of 
                        the Agriculture, Rural Development, Food and 
                        Drug Administration, and Related Agencies 
                        Appropriations Act, 2010 (Public Law 111-80; 
                        123 Stat. 2132) during calendar year 2018 using 
                        a WIC model, summer EBT benefits issued 
                        pursuant to subsection (a) by such a State may 
                        only be used by the eligible household that 
                        receives such summer EBT benefits to purchase--
                                    ``(I) supplemental foods from 
                                retailers that have been approved for 
                                participation in--
                                            ``(aa) the special 
                                        supplemental nutrition program 
                                        for women, infants, and 
                                        children under section 17 of 
                                        the Child Nutrition Act of 1966 
                                        (42 U.S.C. 1786); or
                                            ``(bb) the program under 
                                        this section; or
                                    ``(II) food (as defined in section 
                                3(k) of the Food and Nutrition Act of 
                                2008 (7 U.S.C. 2011(k))) from retail 
                                food stores that have been approved for 
                                participation in the supplemental 
                                nutrition assistance program 
                                established under such Act, in 
                                accordance with section 7(b) of such 
                                Act (7 U.S.C. 2016(b)).
                            ``(ii) Other states.--Summer EBT benefits 
                        issued pursuant to subsection (a) by a State 
                        not described in clause (i) may only be used by 
                        the eligible household that receives such 
                        summer EBT benefits to purchase food (as 
                        defined in section 3(k) of the Food and 
                        Nutrition Act of 2008 (7 U.S.C. 2011(k))) from 
                        retail food stores that have been approved for 
                        participation in the supplemental nutrition 
                        assistance program established under such Act, 
                        in accordance with section 7(b) of such Act (7 
                        U.S.C. 2016(b)).
                    ``(B) Benefits issued by covered indian tribal 
                organizations.--Summer EBT benefits issued pursuant to 
                subsection (a) by a covered Indian Tribal organization 
                may only be used by the eligible household that 
                receives such summer EBT benefits to purchase 
                supplemental foods from retailers that have been 
                approved for participation in--
                            ``(i) the special supplemental nutrition 
                        program for women, infants, and children under 
                        section 17 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1786); or
                            ``(ii) the program under this section.
            ``(2) Amount.--Summer EBT benefits issued pursuant to 
        subsection (a)--
                    ``(A) shall be--
                            ``(i) for calendar year 2023, in an amount 
                        equal to $75 for each child in the eligible 
                        household per month during the summer; and
                            ``(ii) for calendar year 2024 and each year 
                        thereafter, in an amount equal to the amount 
                        described in clause (i), adjusted to the 
                        nearest lower dollar increment to reflect 
                        changes to the cost of the thrifty food plan 
                        (as defined in section 3(u) of the Food and 
                        Nutrition Act of 2008 (7 U.S.C. 2012(u)) for 
                        the 12-month period ending on November 30 of 
                        the preceding calendar year; and
                    ``(B) may be issued--
                            ``(i) in the form of an EBT card; or
                            ``(ii) through electronic delivery.
    ``(c) Enrollment in Program.--
            ``(1) State requirements.--States participating in the 
        program under this section shall--
                    ``(A) with respect to a summer, automatically 
                enroll eligible children in the program under this 
                section without further application;
                    ``(B) establish procedures to carry out the 
                enrollment described in subparagraph (A); and
                    ``(C) require local educational agencies to allow 
                eligible households to opt out of participation in the 
                program under this section and establish procedures for 
                opting out of such participation.
            ``(2) Covered indian tribal organization requirements.--
        Covered Indian Tribal organizations participating in the 
        program under this section shall, to the maximum extent 
        practicable, meet the requirements under subparagraphs (A) 
        through (C) of paragraph (1).
    ``(d) Implementation Grants.--On and after October 1, 2021, the 
Secretary shall carry out a program to make grants to States and 
covered Indian Tribal organizations to build capacity for implementing 
the program under this section.
    ``(e) Alternate Plans in the Case of Continuous School Calendar.--
The Secretary shall establish alternative plans for when summer EBT 
benefits may be issued pursuant to subsection (a) in the case of 
children who are under a continuous school calendar.
    ``(f) Funding.--
            ``(1) Program funding.--In addition to amounts otherwise 
        available, there is appropriated for each of fiscal years 2022 
        through 2029, out of any money in the Treasury not otherwise 
        appropriated, such sums, to remain available for the period 
        described in paragraph (2), as may be necessary to carry out 
        this section, including for administrative expenses incurred by 
        the Secretary, States, covered Indian Tribal organizations, and 
        local educational agencies.
            ``(2) Period described.--With respect to each fiscal year 
        under paragraph (1), amounts made available for such a fiscal 
        year under such paragraph shall remain available for the 2-year 
        period following the date such amounts are made available.
            ``(3) Implementation grant funding.--In addition to amounts 
        otherwise available, including under paragraph (1), there is 
        appropriated for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $50,000,000, to remain 
        available until expended, to carry out subsection (d).
    ``(g) Sunset.--The authority under this section shall terminate on 
September 30, 2029.
    ``(h) Definitions.--In this section:
            ``(1) Covered indian tribal organization.--The term 
        `covered Indian Tribal organization' means an Indian Tribal 
        organization that participates in the special supplemental 
        nutrition program for women, infants, and children under 
        section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
            ``(2) Eligible child.--The term `eligible child' means, 
        with respect to a summer, a child who was, during the school 
        year immediately preceding such summer--
                    ``(A) certified to receive free or reduced price 
                lunch under the school lunch program under this Act;
                    ``(B) certified to receive free or reduced price 
                breakfast under the school breakfast program under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773); or
                    ``(C) enrolled in a school described in 
                subparagraph (B), (C), (D), (E), or (F) of section 
                11(a)(1).
            ``(3) Eligible household.--The term `eligible household' 
        means a household that includes at least 1 eligible child.
            ``(4) Supplemental foods.--The term `supplemental foods'--
                    ``(A) means foods--
                            ``(i) containing nutrients determined by 
                        nutritional research to be lacking in the diets 
                        of children; and
                            ``(ii) that promote the health of the 
                        population served by the program under this 
                        section, as indicated by relevant nutrition 
                        science, public health concerns, and cultural 
                        eating patterns, as determined by the 
                        Secretary; and
                    ``(B) includes foods not described in subparagraph 
                (A) substituted by State agencies, with the approval of 
                the Secretary, that--
                            ``(i) provide the nutritional equivalent of 
                        foods described in such subparagraph; and
                            ``(ii) allow for different cultural eating 
                        patterns than foods described in such 
                        subparagraph.''.

SEC. 24004. SCHOOL KITCHEN EQUIPMENT GRANTS.

    (a) In addition to amounts otherwise available, there is 
appropriated to the Secretary of Agriculture for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $500,000,000, 
to remain available until expended, to award grants to States (as 
defined in section 12(d) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(d))) to make competitive subgrants to local 
educational agencies and schools to purchase equipment with a value of 
greater than $1,000 that, with respect to the school lunch program 
established under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751-1769j) and the school breakfast program established under 
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), is 
necessary to serve healthier meals, improve food safety, and increase 
scratch cooking.
    (b) The Secretary may set aside up to 5 percent of the funds made 
available under subsection (a) for the purpose of training and 
technical assistance to support scratch cooking, which may be 
administered by States or other entities.

SEC. 24005. HEALTHY FOOD INCENTIVES DEMONSTRATION.

    (a) In addition to amounts otherwise available, there is 
appropriated to the Secretary of Agriculture for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $634,000,000, 
to remain available until expended, to provide competitive grants to 
States in accordance with this section.
    (b) A State that receives a grant under this section shall use such 
grant funds to make subgrants to local educational agencies and schools 
for activities that support--
            (1) serving healthy school meals and afterschool snacks 
        that meet discretionary goals established by the Secretary;
            (2) increasing scratch cooking;
            (3) conducting experiential nutrition education activities, 
        including school garden programs;
            (4) procuring local, regional, and culturally appropriate 
        foods and foods produced by underserved or limited resource 
        farmers, as defined by the Secretary, to serve as part of the 
        child nutrition programs under the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751-1769j) or the Child Nutrition 
        Act of 1966 (42 U.S.C. 1771-1793);
            (5) reducing the availability of less healthy foods, as 
        defined by the Secretary, during the school day; or
            (6) carrying out additional activities to encourage the 
        development of healthy nutrition and physical activity habits 
        among children.
    (c) A State that receives a grant under this section may use such 
grant funds to fund a statewide nutrition education coordinator to--
            (1) support individual school food authority nutrition 
        education efforts; and
            (2) facilitate collaboration with other nutrition education 
        efforts in the State.
    (d) A State that receives a grant under this section may not use 
more than 5 percent of such grant funds to carry out administrative 
activities.
    (e) In this section, the term ``State'' has the meaning given the 
term in section 12(d) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760(d)).

           Subtitle F--Human Services and Community Supports

SEC. 25001. ASSISTIVE TECHNOLOGY.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000, to remain available until expended, to carry 
out the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.).

SEC. 25002. FAMILY VIOLENCE PREVENTION AND SERVICES FUNDING.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $27,000,000, to remain available until expended, for 
necessary administrative expenses to carry out sections 303, 309, and 
313 of the Family Violence Prevention and Services Act (42 U.S.C. 
10401-10414) and section 2204 of the American Rescue Plan Act of 2021 
(Public Law 117-2).

SEC. 25003. PREGNANCY ASSISTANCE FUND.

    Section 10214 of the Patient Protection and Affordable Care Act (42 
U.S.C. 18204) is amended by striking the period and inserting ``, and 
$25,000,000 for each of fiscal years 2022 through 2024, to remain 
available until expended, to carry out this part.''.

SEC. 25004. FUNDING FOR THE AGING NETWORK AND INFRASTRUCTURE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there are appropriated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, to the Department of Health and 
Human Services--
            (1) $75,000,000 for the Research, Demonstration, and 
        Evaluation Center for the Aging Network to carry out the 
        activities of the Center under section 201(g) of the Older 
        Americans Act of 1965 (OAA) (42 U.S.C. 3011(g));
            (2) $655,000,000 to carry out part B of title III of the 
        OAA (42 U.S.C. 3030d), including for--
                    (A) supportive services of the type made available 
                for fiscal year 2021 and authorized under such part;
                    (B) investing in the aging services network for the 
                purposes of improving the availability of supportive 
                services, including investing in the aging services 
                network workforce;
                    (C) the acquisition, alteration, or renovation of 
                facilities, including multipurpose senior centers and 
                mobile units; and
                    (D) construction or modernization of facilities to 
                serve as multipurpose senior centers;
            (3) $140,000,000 to carry out part C of title III of the 
        OAA (42 U.S.C. 3030d-21-3030g-23), including to support the 
        modernization of infrastructure and technology, including 
        kitchen equipment and delivery vehicles, to support the 
        provision of congregate nutrition services and home delivered 
        nutrition services under such part;
            (4) $150,000,000 to carry out part E of title III of the 
        OAA (42 U.S.C. 3030s-3030s-2), including section 373(e) of such 
        part (42 U.S.C. 3030s-1(e));
            (5) $50,000,000 to carry out title VI of the OAA (42 U.S.C. 
        3057-3057o), including part C of such title (42 U.S.C. 3057k-
        11);
            (6) $50,000,000 to carry out the long-term care ombudsman 
        program under title VII of the OAA (42 U.S.C. 3058-3058ff);
            (7) $59,000,000 for technical assistance centers or 
        national resource centers supported under the OAA, including 
        all such centers that received funding under title IV of the 
        OAA (42 U.S.C. 3031-3033a) for fiscal year 2021, in order to 
        support technical assistance and resource development related 
        to culturally appropriate care management and services for 
        older individuals with the greatest social need, including 
        racial and ethnic minority individuals;
            (8) $15,000,000 for technical assistance centers or 
        national resource centers supported under the OAA that are 
        focused on providing services for older individuals who are 
        underserved due to their sexual orientation or gender identity;
            (9) $1,000,000 for efforts of national training and 
        technical assistance centers supported under the OAA to--
                    (A) support expanding the reach of the aging 
                services network to more effectively assist older 
                individuals in remaining socially engaged and active;
                    (B) provide additional support in technical 
                assistance and training to the aging services network 
                to address the social isolation of older individuals;
                    (C) promote best practices and identify innovation 
                in the field; and
                    (D) continue to support a repository for 
                innovations designed to increase the ability of the 
                aging services network to tailor social engagement 
                activities to meet the needs of older individuals; and
            (10) $5,000,000 to carry out section 417 of the OAA (42 
        U.S.C. 3032f).
Amounts appropriated by this subsection shall remain available until 
expended.
    (b) Nonapplicability of Certain Requirements.--The non-Federal 
contribution requirements under sections 304(d)(1)(D) and 431(a) of the 
Older Americans Act of 1965 (42 U.S.C. 3024(d)(1)(D), 3033(a)), and 
section 373(h)(2) of such Act (42 U.S.C. 3030s-1(h)(2)), shall not 
apply to--
            (1) any amounts made available under this section; or
            (2) any amounts made available under section 2921 of the 
        American Rescue Plan Act of 2021 (Public Law 117-2).

SEC. 25005. OFFICE OF THE INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Health and Human Services for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until expended, for the Office of 
Inspector General of the Department of Health and Human Services, for 
salaries and expenses necessary for oversight, investigations, and 
audits of programs, grants, and projects funded under subtitles D and F 
of this title.

SEC. 25006. TECHNICAL ASSISTANCE CENTER FOR SUPPORTING DIRECT CARE AND 
              CAREGIVING.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Health and Human Services, acting 
through the Administrator for the Administration for Community Living, 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $5,000,000, to remain available until September 30, 2026, 
to establish, directly or through grants, contracts, or cooperative 
agreements, a national technical assistance center (referred to in this 
section as the ``Center'') to--
            (1) provide technical assistance for supporting direct care 
        workforce recruitment, education and training, retention, 
        career advancement, and for supporting family caregivers and 
        caregiving activities;
            (2) develop and disseminate a set of replicable models or 
        evidence-based or evidence-informed strategies or best 
        practices for--
                    (A) recruitment, education and training, retention, 
                and career advancement of direct care workers;
                    (B) reducing barriers to accessing direct care 
                services; and
                    (C) increasing access to alternatives to direct 
                care services, including assistive technology, that 
                reduce reliance on such services;
            (3) provide recommendations for education and training 
        curricula for direct care workers; and
            (4) provide recommendations for activities to further 
        support paid and unpaid family caregivers, including expanding 
        respite care.
    (b) Direct Care Worker Defined.--The term ``direct care worker'' 
has the meaning given such term in section 22301.

              TITLE III--COMMITTEE ON ENERGY AND COMMERCE

                       Subtitle A--Air Pollution

SEC. 30101. CLEAN HEAVY-DUTY VEHICLES.

    (a) Appropriation.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Administrator of the 
        Environmental Protection Agency for fiscal year 2022, out of 
        any money in the Treasury not otherwise appropriated, 
        $5,000,000,000, to remain available until expended (except that 
        no funds shall be disbursed after September 30, 2031), to carry 
        out section 132 of the Clean Air Act, as added by subsection 
        (b).
            (2) Reservation.--Of the funds appropriated by paragraph 
        (1), the Administrator of the Environmental Protection Agency 
        shall reserve 3 percent for administrative costs necessary to 
        carry out section 132 of the Clean Air Act, as added by 
        subsection (b).
    (b) Amendment.--Part A of title I of the Clean Air Act (42 U.S.C. 
7401 et seq.) is amended by adding at the end the following:

``SEC. 132. CLEAN HEAVY-DUTY VEHICLES.

    ``(a) Program.--Beginning not later than 180 days after the date of 
enactment of this section, the Administrator shall implement a program 
to make awards of grants and rebates to eligible recipients, and to 
make awards of contracts to eligible contractors for providing rebates, 
for up to 100 percent of costs for--
            ``(1) replacing eligible vehicles with zero-emission 
        vehicles;
            ``(2) infrastructure needed to charge, fuel, or maintain 
        zero-emission vehicles;
            ``(3) workforce development and training to support the 
        maintenance, charging, fueling, and operation of zero-emission 
        vehicles; and
            ``(4) planning and technical activities to support the 
        adoption and deployment of zero-emission vehicles.
    ``(b) Applications.--To seek an award under this section, an 
eligible recipient or eligible contractor shall submit to the 
Administrator an application in such form and manner as the 
Administrator shall prescribe.
    ``(c) Allocation.--Of any amount appropriated to carry out this 
section, no less than 40 percent shall be used for awards to eligible 
recipients proposing to replace eligible vehicles to serve one or more 
communities located in an air quality area designated pursuant to 
section 107 as nonattainment for any air pollutant.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Eligible contractor.--The term `eligible contractor' 
        means a contractor that is a for-profit or nonprofit entity 
        that has the capacity--
                    ``(A) to sell zero-emission vehicles, or charging 
                or other equipment needed to charge, fuel, or maintain 
                zero-emission vehicles, to individuals or entities that 
                own an eligible vehicle; or
                    ``(B) to arrange financing for such a sale.
            ``(2) Eligible recipient.--The term `eligible recipient' 
        means--
                    ``(A) a State or local governmental entity;
                    ``(B) an Indian Tribe (as defined in section 302);
                    ``(C) a nonprofit school transportation 
                association; or
                    ``(D) an eligible contractor.
            ``(3) Eligible vehicle.--The term `eligible vehicle' means 
        a Class 6 or Class 7 heavy-duty vehicle as defined in section 
        1037.801 of title 40, Code of Federal Regulations (as in effect 
        on the date of enactment of this section).
            ``(4) Zero-emission vehicle.--The term `zero-emission 
        vehicle' means a vehicle that has a drivetrain that produces, 
        under any possible operational mode or condition, zero exhaust 
        emission of--
                    ``(A) any air pollutant that is listed pursuant to 
                section 108(a) (or any precursor to such an air 
                pollutant); and
                    ``(B) any greenhouse gas.''.

SEC. 30102. GRANTS TO REDUCE AIR POLLUTION AT PORTS.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.), as 
amended, is further amended by adding at the end the following:

``SEC. 133. GRANTS TO REDUCE AIR POLLUTION AT PORTS.

    ``(a) In General.--In addition to amounts otherwise available, 
there is appropriated to the Administrator for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $3,500,000,000, 
to remain available until expended (except that no funds shall be 
disbursed after September 30, 2031), to award rebates and grants to 
eligible recipients on a competitive basis to--
            ``(1) purchase or install zero-emissions port equipment and 
        technology for use at, or to directly serve, one or more ports;
            ``(2) conduct any relevant planning or permitting in 
        connection with such zero-emissions port equipment and 
        technology; and
            ``(3) develop qualified climate action plans.
    ``(b) Reservation.--Of the funds made available by this section, 
$875,000,000 shall be reserved for awards to eligible recipients to 
carry out activities with respect to ports located in nonattainment 
areas for any air pollutant.
    ``(c) Limitation.--Funds awarded under this section shall not be 
used--
            ``(1) to purchase fully automated cargo-handling equipment 
        or terminal infrastructure that is designed for fully automated 
        cargo-handling equipment; or
            ``(2) by any recipient or sub-recipient to perform 
        construction, alteration, installation, or repair work that is 
        not located at, or does not directly serve, the one or more 
        ports involved.
    ``(d) Administration of Funds.--Of the funds made available by this 
section, the Administrator shall reserve 2 percent for administrative 
costs necessary to carry out this section.
    ``(e) Definitions.--For purposes of this section:
            ``(1) Eligible recipient.--The term `eligible recipient' 
        means--
                    ``(A) a port authority;
                    ``(B) a State, regional, local, or Tribal agency 
                that has jurisdiction over a port authority or a port;
                    ``(C) an air pollution control agency; or
                    ``(D) a private entity (including any nonprofit 
                organization) that--
                            ``(i) applies for a grant under this 
                        section in partnership with an entity described 
                        in subparagraphs (A), (B), or (C); and
                            ``(ii) owns, operates, or uses the 
                        facilities, cargo-handling equipment, 
                        transportation equipment, or related technology 
                        of a port.
            ``(2) Qualified climate action plan.--The term `qualified 
        climate action plan' means a detailed and strategic plan that--
                    ``(A) establishes goals, implementation strategies, 
                and accounting and inventory practices (including 
                practices used to measure progress towards stated 
                goals) to reduce emissions at one or more ports of--
                            ``(i) greenhouse gases;
                            ``(ii) any air pollutant that is listed 
                        pursuant to section 108(a) (or any precursor to 
                        such an air pollutant); and
                            ``(iii) hazardous air pollutants; and
                    ``(B) includes a strategy to collaborate with, 
                communicate with, and address potential effects on 
                stakeholders that may be affected by implementation of 
                such plan, including low-income and disadvantaged near-
                port communities.
            ``(3) Zero-emissions port equipment and technology.--The 
        term `zero-emissions port equipment and technology' means any 
        equipment or technology that--
                    ``(A) produces zero emissions of any air pollutant 
                that is listed pursuant to section 108(a) (or any 
                precursor to such an air pollutant) and any greenhouse 
                gas other than water vapor; or
                    ``(B) captures 100 percent of such emissions 
                produced by an ocean-going vessel at berth.''.

SEC. 30103. GREENHOUSE GAS REDUCTION FUND.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.), as 
amended, is further amended by adding at the end the following:

``SEC. 134. GREENHOUSE GAS REDUCTION FUND.

    ``(a) 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) $7,495,000,000 to the Administrator, to remain 
        available until expended (except that no funds shall be 
        disbursed after September 30, 2026), to make grants, on a 
        competitive basis and not later than 180 calendar days after 
        the date of enactment of this section, to States, units of 
        local government, the District of Columbia, territories of the 
        United States, Tribal governments, and eligible recipients for 
        the purposes of providing financial and technical assistance to 
        enable low-income and disadvantaged communities to deploy zero-
        emission technologies, including distributed zero-emission 
        technologies on residential rooftops, and to carry out other 
        greenhouse gas emission reduction activities, as determined 
        appropriate by the Administrator in accordance with this 
        section;
            ``(2) $19,995,000,000 to the Administrator, to remain 
        available until expended (except that no funds shall be 
        disbursed after September 30, 2026), to make grants, on a 
        competitive basis and not later than 180 calendar days after 
        the date of enactment of this section, to eligible recipients, 
        of which $8,000,000,000 shall be used to provide financial 
        assistance in low-income and disadvantaged communities; and
            ``(3) $10,000,000 to the Administrator, to remain available 
        until expended (except that no funds shall be disbursed after 
        September 30, 2031), for the administrative costs necessary to 
        carry out activities under this section.
    ``(b) Use of Funds.--An eligible recipient that receives a grant 
pursuant to subsection (a) shall operate in accordance with the 
following:
            ``(1) Direct investment.--An eligible recipient shall--
                    ``(A) use a broad range of finance and investment 
                tools to provide financial assistance to qualified 
                projects at the national, regional, State, and local 
                levels, including, as applicable, through both 
                concessionary and market rate financing;
                    ``(B) prioritize investment in qualified projects 
                that would otherwise lack access to financing;
                    ``(C) retain, manage, recycle, and monetize all 
                repayments and other revenue received from fees, 
                interest, repaid loans, and all other types of 
                financial assistance provided using grant funds under 
                this section to ensure continued operability; and
                    ``(D) meet any requirements set forth by the 
                Administrator to ensure accountability and proper 
                management of funds appropriated by this section.
            ``(2) Indirect investment.--An eligible recipient shall 
        provide financial and technical assistance to establish new or 
        support existing public, quasi-public, or nonprofit entities 
        that provide financial assistance to qualified projects at the 
        State, local, territorial, or Tribal level or in the District 
        of Columbia, including community- and low-income-focused 
        lenders and capital providers.
    ``(c) Definitions.--In this section:
            ``(1) Eligible recipient.--The term `eligible recipient' 
        means a nonprofit organization that--
                    ``(A) is designed to provide capital, including by 
                leveraging private capital, and other forms of 
                financial assistance for the rapid deployment of low- 
                and zero-emission products, technologies, and 
                activities;
                    ``(B) does not take deposits, other than from 
                repayments and other revenue received from financial 
                assistance provided using grant funds under this 
                section;
                    ``(C) is funded by public or charitable 
                contributions; and
                    ``(D) invests in or finances projects alone or in 
                conjunction with other investors.
            ``(2) Qualified project.--The term `qualified project' 
        includes any low- or zero-emission project, technology, or 
        activity that--
                    ``(A) reduces or avoids greenhouse gas emissions 
                and other forms of air pollution in partnership with, 
                and by leveraging investment from, the private sector; 
                or
                    ``(B) assists communities in the efforts of those 
                communities to reduce or avoid greenhouse gas emissions 
                and other forms of air pollution.
            ``(3) Zero-emission technology.--The term `zero-emission 
        technology' means any technology that produces zero emissions 
        of--
                    ``(A) any air pollutant that is listed pursuant to 
                section 108(a) (or any precursor to such an air 
                pollutant); and
                    ``(B) any greenhouse gas.''.

SEC. 30104. COLLABORATIVE COMMUNITY WILDFIRE AIR GRANTS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $150,000,000, to remain available until 
expended (except that no funds shall be disbursed after September 30, 
2031), for grants authorized under section 103 of the Clean Air Act (42 
U.S.C. 7403) to assist eligible entities in developing and implementing 
collaborative community plans to prepare for smoke from wildfires, 
reduce risks of smoke exposure due to wildfires, and mitigate the 
health and environmental effects of smoke from wildfires.
    (b) Technical Assistance.--The Administrator of the Environmental 
Protection Agency may use amounts made available under subsection (a) 
to provide technical assistance to any eligible entity in--
            (1) submitting an application for a grant to be made 
        pursuant to this section; or
            (2) carrying out a project using a grant made pursuant to 
        this section.
    (c) Administrative Costs.--Of the amounts made available under 
subsection (a), the Administrator of the Environmental Protection 
Agency shall reserve 7.5 percent for administrative costs to carry out 
this section.
    (d) Eligible Entities.--In this section, the term ``eligible 
entity'' means a State, a territory, a unit of local government 
(including any special district, such as an air quality management 
district), or an Indian Tribe.

SEC. 30105. DIESEL EMISSIONS REDUCTIONS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $170,000,000, to remain available until 
expended (except that no funds shall be disbursed after September 30, 
2031), to address diesel emissions, of which--
            (1) $100,000,000 shall be for grants, rebates, loans, and 
        other Environmental Protection Agency activities under subtitle 
        G of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
        16131 through 16137) to identify and reduce diesel emissions 
        resulting from goods movement facilities, and vehicles 
        servicing goods movement facilities, in low-income and 
        disadvantaged communities to address the health impacts of such 
        emissions on such communities;
            (2) $50,000,000 shall be for grants, rebates, loans, and 
        other Environmental Protection Agency activities under subtitle 
        G of title VII of the Energy Policy Act of 2005; and
            (3) $20,000,000 shall be for grants, rebates, loans, and 
        other Environmental Protection Agency activities under subtitle 
        G of title VII of the Energy Policy Act of 2005 to identify and 
        reduce diesel emissions in low-income and disadvantaged 
        communities to address the health impacts of such emissions on 
        such communities.
    (b) Administrative Costs.--The Administrator of the Environmental 
Protection Agency shall reserve 5 percent of the amounts made available 
under subsection (a) for the administrative costs necessary to carry 
out activities pursuant to such subsection.

SEC. 30106. FUNDING TO ADDRESS AIR POLLUTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $320,000,000, to remain available until 
expended (except that no funds shall be disbursed after September 30, 
2031), to address air pollution, of which--
            (1) $265,000,000 shall be for grants and other activities 
        authorized under sections 102, 103, and 105 of the Clean Air 
        Act (42 U.S.C. 7402, 7403, and 7405), of which--
                    (A) $122,000,000 shall be to deploy, integrate, 
                support, and maintain fenceline monitoring and 
                screening air monitoring, including national air toxics 
                trend stations and other air toxics and community 
                monitoring;
                    (B) $75,000,000 shall be to expand the national 
                ambient air quality monitoring network with new 
                multipollutant monitoring stations and to replace, 
                repair, operate, and maintain existing monitors;
                    (C) $3,000,000 shall be to deploy, integrate, and 
                operate air quality sensors in low-income and 
                disadvantaged communities; and
                    (D) $15,000,000 shall be for testing and other 
                agency activities to address emissions from wood 
                heaters; and
                    (E) $50,000,000 shall be for monitoring emissions 
                of methane;
            (2) $50,000,000 shall be to carry out, with respect to 
        greenhouse gases, sections 111, 115, 169, 177, 202, 211, 213, 
        231, and 612, and other sections of the Clean Air Act (42 
        U.S.C. 7411, 7415, 7479, 7507, 7521, 7545, 7547, 7571, 7671k, 
        and others); and
            (3) $5,000,000 shall be to provide grants to States to 
        adopt and implement greenhouse gas and zero-emission standards 
        for mobile sources pursuant to section 177 of the Clean Air Act 
        (42 U.S.C. 7507).
    (b) Administration of Funds.--Of the funds made available pursuant 
to subsection (a)(1), the Administrator of the Environmental Protection 
Agency shall reserve 5 percent for activities funded pursuant to such 
subsection other than grants.

SEC. 30107. FUNDING TO ADDRESS AIR POLLUTION AT SCHOOLS.

    In addition to amounts otherwise available, there is appropriated 
to the Administrator of the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until expended, for grants, rebates, 
contracts, and other activities to monitor and reduce air pollution and 
greenhouse gas emissions at schools in low-income and disadvantaged 
communities under subsections (a) through (c) of section 103 of the 
Clean Air Act (42 U.S.C. 7403) and section 105 of that Act (42 U.S.C. 
7405), of which the Administrator shall reserve not less than 25 
percent for technical assistance to such schools--
            (1) to address environmental issues;
            (2) to develop school environmental quality plans that 
        include standards for school building, design, construction, 
        and renovation; and
            (3) to identify and mitigate ongoing air pollution hazards.

SEC. 30108. LOW EMISSIONS ELECTRICITY PROGRAM.

    Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.), as 
amended, is further amended by adding at the end the following:

``SEC. 135. LOW EMISSIONS ELECTRICITY PROGRAM.

    ``(a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Administrator for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $100,000,000, to 
remain available until expended (except that no funds shall be 
disbursed after September 30, 2031), to carry out this section.
    ``(b) Use of Funds.--Of the amounts made available by subsection 
(a), the Administrator shall use--
            ``(1) not less than $10,000,000 for consumer-related 
        education and partnerships with respect to reductions in 
        greenhouse gas emissions that result from domestic electricity 
        generation and use;
            ``(2) not less than $10,000,000 for education, technical 
        assistance, and partnerships within low-income and 
        disadvantaged communities with respect to reductions in 
        greenhouse gas emissions that result from domestic electricity 
        generation and use;
            ``(3) not less than $10,000,000 for industry-related 
        outreach and technical assistance, including through 
        partnerships, with respect to reductions in greenhouse gas 
        emissions that result from domestic electricity generation and 
        use;
            ``(4) not less than $10,000,000 for outreach and technical 
        assistance to State and local governments, including through 
        partnerships, with respect to reductions in greenhouse gas 
        emissions that result from domestic electricity generation and 
        use;
            ``(5) not less than $1,000,000 to assess, not later than 
        the date that is 1 year after the date of enactment of this 
        section, the reductions in greenhouse gas emissions that result 
        from changes in domestic electricity generation and use that 
        are anticipated to occur on an annual basis through fiscal year 
        2031; and
            ``(6) not less than $20,000,000 to carry out this section 
        to ensure that the anticipated reductions in greenhouse gas 
        emissions from domestic electricity generation and use as 
        assessed under paragraph (5) are achieved through use of the 
        authorities of this Act, including through the establishment of 
        requirements under this Act.''.

SEC. 30109. FUNDING FOR SECTION 211 OF THE CLEAN AIR ACT.

    In addition to amounts otherwise available, there is appropriated 
to the Administrator of the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$15,000,000, to remain available until expended, to carry out section 
211 of the Clean Air Act (42 U.S.C. 7545), of which--
            (1) not less than $5,000,000 shall be for the development 
        and establishment of tests and protocols regarding the 
        environmental and public health effects of a fuel or fuel 
        additive; internal and extramural data collection and analyses 
        to regularly update applicable regulations, guidance, and 
        procedures for determining lifecycle greenhouse gas emissions 
        of a fuel; and the review, analysis and evaluation of the 
        impacts of all transportation fuels, including fuel lifecycle 
        implications, on the general public and on low-income and 
        disadvantaged communities; and
            (2) not less than $5,000,000 shall be for new grants to 
        industry and other related activities to support investments in 
        advanced biofuels.

SEC. 30110. FUNDING FOR IMPLEMENTATION OF THE AMERICAN INNOVATION AND 
              MANUFACTURING ACT.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $42,000,000, to remain available until 
September 30, 2026, to carry out section 103 of division S of Public 
Law 116-260, of which--
            (1) $3,500,000 shall be to deploy new implementation and 
        compliance tools; and
            (2) $15,000,000 shall be for competitive grants for reclaim 
        and innovative destruction technologies.
    (b) Administration of Funds.--Of the funds made available pursuant 
to subsection (a)(2), the Administrator of the Environmental Protection 
Agency shall reserve 5 percent for administrative costs of carrying out 
such section 103.

SEC. 30111. FUNDING FOR ENFORCEMENT TECHNOLOGY AND PUBLIC INFORMATION.

    In addition to amounts otherwise available, there is appropriated 
to the Administrator of the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until expended (except that no funds 
shall be disbursed after September 30, 2031), to address air pollution, 
of which--
            (1) $37,000,000 shall be to update Integrated Compliance 
        Information System of the Environmental Protection Agency and 
        any associated systems, necessary information technology 
        infrastructure, or public access software tools to ensure 
        access to compliance data and related information;
            (2) $7,000,000 shall be for grants to States, Indian 
        Tribes, and air pollution control agencies (as such terms are 
        defined in section 302 of the Clean Air Act (42 U.S.C. 7602)) 
        to update their systems to ensure communication with such 
        Integrated Compliance Information System and any associated 
        systems; and
            (3) $6,000,000 shall be to acquire or update inspection 
        software for use by the Environmental Protection Agency, 
        States, Indian Tribes, and air pollution control agencies (as 
        such terms are defined in section 302 of the Clean Air Act (42 
        U.S.C. 7602)), or to acquire necessary devices on which to run 
        such inspection software.

SEC. 30112. GREENHOUSE GAS CORPORATE REPORTING.

    In addition to amounts otherwise available, there is appropriated 
to the Environmental Protection Agency Office of Air and Radiation for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $5,000,000, to remain available until expended (except 
that no funds shall be disbursed after September 30, 2031), for the 
Environmental Protection Agency to support--
            (1) enhanced standardization and transparency of corporate 
        climate action commitments and plans to reduce greenhouse gas 
        emissions;
            (2) enhanced transparency regarding progress toward meeting 
        such commitments and implementing such plans; and
            (3) progress toward meeting such commitments and 
        implementing such plans.

SEC. 30113. ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $250,000,000, to remain available until 
expended (except that no funds shall be disbursed after September 30, 
2031), to develop and carry out a program, to be known as the 
Environmental Product Declaration Assistance Program, to support the 
development, and enhanced standardization and transparency, of 
environmental product declarations for construction materials and 
products, including by--
            (1) providing grants to businesses that manufacture 
        construction materials and products for developing and 
        verifying environmental product declarations;
            (2) providing technical assistance to businesses that 
        manufacture construction materials and products in developing 
        and verifying environmental product declarations; and
            (3) carrying out other activities that assist in measuring 
        and steadily reducing the quantity of embodied carbon of 
        construction materials and products.
    (b) Administration of Funds.--Of the amounts made available under 
this section, the Administrator of the Environmental Protection Agency 
shall reserve 7.5 percent for administrative costs necessary to carry 
out this section.
    (c) Definitions.--In this section:
            (1) Embodied carbon.--The term ``embodied carbon'' means 
        the quantity of greenhouse gas emissions associated with all 
        relevant stages of production of a material or product, 
        measured in kilograms of carbon dioxide-equivalent per unit of 
        such material or product.
            (2) Environmental product declaration.--The term 
        ``environmental product declaration'' means a document that 
        reports the environmental impact of a material or product 
        that--
                    (A) includes measurement of the embodied carbon of 
                the material or product;
                    (B) conforms with international standards, such as 
                a Type III environmental product declaration, as 
                defined by the International Organization for 
                Standardization standard 14025; and
                    (C) is developed in accordance with any 
                standardized reporting criteria specified by the 
                Administrator of the Environmental Protection Agency.

SEC. 30114. ENVIRONMENTAL PROTECTION AGENCY METHANE FEE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Administrator of the Environmental 
Protection Agency for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $75,000,000, to remain available 
until expended (except that no funds shall be disbursed after September 
30, 2024), to carry out section 136 of the Clean Air Act, as added by 
this section.
    (b) Amendment.--Part A of title I of the Clean Air Act (42 U.S.C. 
7401 et seq.), as amended, is further amended by adding at the end the 
following:

``SEC. 136. METHANE FEE FROM PETROLEUM AND NATURAL GAS SYSTEMS.

    ``(a) In General.--The Administrator shall impose and collect a fee 
from the owner or operator of each applicable facility that is required 
to report methane emissions pursuant to subpart W of part 98 of title 
40, Code of Federal Regulations (or any successor regulations).
    ``(b) Applicable Facility.--For purposes of this section, the term 
`applicable facility' means a facility within the following industry 
segments, as defined in subpart W of part 98 of title 40, Code of 
Federal Regulations (or any successor regulations):
            ``(1) Offshore petroleum and natural gas production.
            ``(2) Onshore petroleum and natural gas production.
            ``(3) Natural gas processing,
            ``(4) Natural gas transmission and compression.
            ``(5) Underground natural gas storage.
            ``(6) Liquefied natural gas storage.
            ``(7) Liquefied natural gas import and export equipment.
            ``(8) Onshore petroleum and natural gas gathering and 
        boosting.
            ``(9) Onshore natural gas transmission pipeline
    ``(c) Fee Amount.--The amount of a fee imposed and collected under 
subsection (a) for an applicable facility shall be equal to the product 
obtained by multiplying--
            ``(1) subject to subsection (d), the number of tons of 
        methane reported for the applicable facility pursuant to 
        subpart W of part 98 of title 40, Code of Federal Regulations 
        (or any successor regulations), during the previous reporting 
        period; and
            ``(2) $1500.
    ``(d) Intensity Threshold.--
            ``(1) Petroleum and natural gas production.--With respect 
        to imposing and collecting the fee under subsection (a) for an 
        applicable facility in an industry segment listed in paragraph 
        (1) or (2) of subsection (b), the Administrator shall impose 
        and collect the fee on the reported tons of methane emissions 
        that exceed 0.20 percent of the natural gas sent to sale from 
        such facility.
            ``(2) Nonproduction petroleum and natural gas systems.--
        With respect to imposing and collecting the fee under 
        subsection (a) for an applicable facility in an industry 
        segment listed in paragraph (3), (5), (6), (7), or (8) of 
        subsection (b), the Administrator shall impose and collect the 
        fee on the reported tons of methane emissions that exceed 0.05 
        percent of the natural gas sent to sale from such facility.
            ``(3) Natural gas transmission.--With respect to imposing 
        and collecting the fee under subsection (a) for an applicable 
        facility in an industry segment listed in paragraph (4) or (9) 
        of subsection (b), the Administrator shall impose and collect 
        the fee on the reported tons of methane emissions that exceed 
        0.11 percent of the natural gas sent to sale from such 
        facility.
    ``(e) Period.--The fee under subsection (a) shall be imposed and 
collected beginning with respect to emissions reported for calendar 
year 2023 and for each year thereafter.
    ``(f) Implementation.--In addition to other authorities in this Act 
addressing air pollution from the oil and natural gas sectors, the 
Administrator may issue guidance or regulations as necessary to carry 
out this section.
    ``(g) Reporting.--Not later than 2 years after the date of 
enactment of this section, and as necessary thereafter, the 
Administrator shall revise the requirements of subpart W of part 98 of 
title 40, Code of Federal Regulations--
            ``(1) to reduce the facility emissions threshold for 
        reporting under such subpart and for paying the fee imposed 
        under this section to 10,000 metric tons of carbon dioxide 
        equivalent of greenhouse gases emitted per year; and
            ``(2) to ensure the reporting under such subpart, and 
        calculation of fees under subsection (c) of this section, are 
        based on empirical data and accurately reflect the total 
        methane emissions from the applicable facilities.
    ``(h) Liability for Fee Payment.--A facility owner or operator's 
liability for payment of the fee under subsection (a) is not affected 
in any way by emission standards, permit fees, penalties, or other 
requirements under this Act or any other legal authorities.
    ``(i) Use of Proceeds.--
            ``(1) Transfer of funds.--For each applicable fiscal year, 
        the Secretary of the Treasury shall, without further 
        appropriation, transfer to the Administrator an amount equal to 
        75 percent of the amounts received during the preceding fiscal 
        year as a result of the methane fee in subsection (a).
            ``(2) Use of funds.--The Administrator shall, without 
        further appropriation, use the amounts transferred under 
        paragraph (1) (except that no funds shall be disbursed after 
        September 30, 2028)--
                    ``(A) to cover all direct and indirect costs 
                required to develop and administer this section, 
                including the costs of--
                            ``(i) implementing the fee;
                            ``(ii) continuous emissions and ambient 
                        methane and other greenhouse gas monitoring;
                            ``(iii) preparing generally applicable 
                        regulations, or guidance;
                            ``(iv) modeling, analyses, and 
                        demonstrations; and
                            ``(v) preparing inventories, gathering 
                        empirical data, and tracking emissions;
                    ``(B) for grants, rebates, contracts and other 
                activities of the Environmental Protection Agency for 
                the purposes of providing financial and technical 
                assistance to owners and operators of applicable 
                facilities preparing and submitting greenhouse gas 
                reports under subpart W of part 98 of title 40, Code of 
                Federal Regulations (or successor regulations);
                    ``(C) for grants, rebates, contracts, and other 
                activities of the Environmental Protection Agency 
                authorized under section 103 for methane emissions 
                monitoring; and
                    ``(D) for grants, rebates, contracts, and other 
                activities of the Environmental Protection Agency for 
                the purposes of providing financial and technical 
                assistance to reduce methane and other greenhouse gas 
                emissions from petroleum and natural gas systems, 
                mitigate legacy air pollution from petroleum and 
                natural gas systems, and provide support for 
                communities, including funding for--
                            ``(i) improving climate resiliency of 
                        communities and petroleum and natural gas 
                        systems;
                            ``(ii) improving and deploying industrial 
                        equipment and processes that reduce methane and 
                        other greenhouse gas emissions;
                            ``(iii) supporting innovation in reducing 
                        methane and other greenhouse gas emissions from 
                        petroleum and natural gas systems;
                            ``(iv) mitigating health effects of methane 
                        and other greenhouse gas emissions, and legacy 
                        air pollution from petroleum and natural gas 
                        systems in low-income and disadvantaged 
                        communities; and
                            ``(v) supporting environmental 
                        restoration.''.

                    Subtitle B--Hazardous Materials

SEC. 30201. SUPERFUND INVESTMENTS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000,000, to remain available until expended, for 
response actions carried out by Federal agencies, consistent with 
section 120 of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620) at Federal facilities 
included on the National Priority List published pursuant to section 
105 of such Act (42 U.S.C. 9605), which shall supplement, not supplant, 
individual agency appropriations for such response actions.

SEC. 30202. FUNDING TO ADDRESS TOXICS IN SCHOOLS.

    In addition to amounts otherwise available, there is appropriated 
to the Administrator of the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until expended, for grants, contracts, 
and other activities to reduce pollution at schools in low-income and 
disadvantaged communities under title V of the Toxic Substances Control 
Act (15 U.S.C. 2695 et seq.).

SEC. 30203. GRANTS TO REDUCE WASTE IN COMMUNITIES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administrator of the Environmental Protection 
Agency for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $750,000,000, to remain available until 
expended (except that no funds shall be disbursed after September 30, 
2031), to make grants, on a competitive basis, to eligible recipients 
to--
            (1) minimize the amount of waste generated from 
        manufacturing processes or when consumer products are disposed 
        of, including by encouraging product or manufacturing redesign 
        or redevelopment that reduces packaging and waste byproducts;
            (2) construct, expand, or modernize infrastructure for 
        organics recycling and reuse, including any facility, 
        machinery, or equipment used to collect and process organic 
        material;
            (3) create market demand or manufacturing capacity for 
        recovered, recyclable, or recycled commodities and products;
            (4) support projects and programs that reduce food waste; 
        or
            (5) support the development and implementation of 
        activities that reduce the amount of waste disposed of in 
        landfills, including--
                    (A) expanding the availability of curbside organic 
                waste collection;
                    (B) encouraging diversion of organic waste from 
                landfills; or
                    (C) increasing fees imposed on the disposal of 
                waste, including organic waste, at landfills.
    (b) Reservation.--Of the funds made available under this section, 
the Administrator of the Environmental Protection Agency shall reserve 
$300,000,000 for grants for projects in low-income or disadvantaged 
communities.
    (c) Administration of Funds.--Of the funds made available under 
this section, the Administrator of the Environmental Protection Agency 
shall reserve 2 percent for administrative costs to carry out this 
section.
    (d) Definition of Eligible Recipient.--In this section, the term 
``eligible recipient'' means--
            (1) a single unit of State, local, or Tribal government;
            (2) a partnership of multiple units of State, local, or 
        Tribal governments;
            (3) a partnership of one or more units of State, local, or 
        Tribal governments and one or more for-profit or nonprofit 
        organizations; or
            (4) a nonprofit organization or a partnership of nonprofit 
        organizations.

SEC. 30204. ENVIRONMENTAL AND CLIMATE JUSTICE BLOCK GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Administrator of the Environmental 
Protection Agency for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $5,000,000,000, to remain 
available until expended (except that no funds shall be disbursed after 
September 30, 2031), to carry out this section.
    (b) Grants.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency may use amounts made available under 
        subsection (a) to award grants for periods of up to 3 years to 
        eligible entities to carry out activities described in 
        paragraph (2) that benefit disadvantaged communities, as 
        defined by the Administrator.
            (2) Eligible activities.--An eligible entity may use a 
        grant awarded under this subsection for--
                    (A) investments in community low-emission, zero-
                emission, and emission-reducing infrastructure, 
                including construction of such infrastructure;
                    (B) climate resiliency, mitigation, and adaptation 
                projects, including projects related to urban heat 
                islands, extreme heat, wood heater emissions, and 
                wildfire events;
                    (C) community-led pollution monitoring, prevention, 
                and remediation, including any necessary job training 
                programs;
                    (D) reducing indoor toxics and indoor air 
                pollution;
                    (E) facilitating engagement of disadvantaged 
                communities in State and Federal public processes, 
                including facilitating such engagement in advisory 
                groups, workshops, and rulemakings; or
                    (F) any other activity the Administrator of the 
                Environmental Protection Agency determines appropriate.
            (3) Eligible entities.--In this subsection, the term 
        ``eligible entity'' means--
                    (A) a partnership between an Indian Tribe, a local 
                government, or an institution of higher education and a 
                community-based nonprofit organization;
                    (B) a community-based nonprofit organization; or
                    (C) a partnership of community-based nonprofit 
                organizations.
            (4) Priority.--In awarding grants under this subsection, 
        the Administrator of the Environmental Protection Agency shall 
        give priority to eligible entities described in subparagraph 
        (B) or (C) of paragraph (3).
    (c) Technical Assistance.--The Administrator of the Environmental 
Protection Agency shall reserve $500,000,000 of the amounts made 
available under subsection (a) for grants or contracts for technical 
assistance throughout the United States related to grants awarded in 
this section.

                       Subtitle C--Drinking Water

SEC. 30301. LEAD SERVICE LINE REPLACEMENT.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $30,000,000,000, to make capitalization 
grants under section 1452 of the Safe Drinking Water Act (42 U.S.C. 
300j-12), to remain available until expended, for full lead service 
line replacement projects and associated activities directly connected 
to the identification, planning, design, and full replacement of lead 
service lines, of which $20,000,000,000 shall be for subsidies to 
disadvantaged communities (as defined in subsection (d)(3) of such 
section) in the form of loans, with 100 percent forgiveness of 
principal, or grants, notwithstanding subsection (d)(2) of such 
section.
    (b) Prohibition on Partial Line Replacement.--No funds made 
available under this section may be used for partial replacement of 
lead service lines.
    (c) No Leveraging.--Funds made available under this section may not 
be used as a source of payment of, or security for (directly or 
indirectly), in whole or in part, any obligation the interest on which 
is exempt from the tax imposed under chapter 1 of the Internal Revenue 
Code of 1986.

SEC. 30302. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $500,000,000, to remain available until expended, for 
grants under section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 
300i-2(g)).

SEC. 30303. GRANTS FOR STATE PROGRAMS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, for 
grants under section 1443 of the Safe Drinking Water Act (42 U.S.C. 
300j-2).

SEC. 30304. ASSISTANCE FOR COLONIAS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, for 
grants under section 1456 of the Safe Drinking Water Act (42 U.S.C. 
300j-16).

SEC. 30305. GRANTS TO REDUCE LEAD IN SCHOOL DRINKING WATER.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $700,000,000, to remain available until expended, for 
grants under sections 1464 and 1465 of the Safe Drinking Water Act (42 
U.S.C. 300j-24 and 300j-25), of which--
            (1) $420,000,000 shall be for grants for the installation 
        and maintenance of lead filtration stations at schools and 
        child care programs;
            (2) $150,000,000 shall be for grants under section 1464(d); 
        and
            (3) $50,000,000 shall be for grants under section 
        1465(b)(1) to pay the costs of replacement of drinking water 
        fountains in schools.

SEC. 30306. GRANTS FOR INDIAN RESERVATION DRINKING WATER 
              INFRASTRUCTURE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, to 
implement eligible projects under section 2001 of America's Water 
Infrastructure Act of 2018 (42 U.S.C. 300j-3c note), notwithstanding 
the geographic limitations in that section.

SEC. 30307. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, for 
grants under section 2020 of America's Water Infrastructure Act of 2018 
(42 U.S.C. 300j-12 note), of which, notwithstanding subsection (a)(2) 
of such section, $10,000,000 shall be available to make grants to Guam, 
the Virgin Islands, American Samoa, and the Northern Mariana Islands 
for the purposes of providing assistance to eligible systems to restore 
or increase compliance with national primary drinking water regulations 
in an underserved area.

SEC. 30308. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $200,000,000, to remain available until expended, for 
grants under section 1459A(b) of the Safe Drinking Water Act (42 U.S.C. 
300j-19a(b)).

SEC. 30309. GRANTS FOR CONTAMINANT MONITORING.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, to make 
grants to pay for the costs of monitoring required under section 
1445(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-4(a)(2)).

SEC. 30310. TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until expended, to 
provide technical assistance under section 1442(e) of the Safe Drinking 
Water Act (42 U.S.C. 300j-1(e)).

SEC. 30311. FUNDING FOR WATER ASSISTANCE PROGRAM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Health and Human Services (in this 
section referred to as the ``Secretary'') for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $500,000,000, to 
remain available until expended, for grants to States and Indian Tribes 
to assist low-income households, particularly those with the lowest 
incomes, that pay a high proportion of household income for drinking 
water and wastewater services, by providing funds to owners or 
operators of public water systems or treatment works to reduce 
arrearages of and rates charged to such households for such services.
    (b) Allotment.--The Secretary shall--
            (1) allot amounts appropriated in this section to a State 
        or Indian Tribe based on--
                    (A) the percentage of households in the State, or 
                under the jurisdiction of the Indian Tribe, with annual 
                income equal to or less than 150 percent of the Federal 
                poverty line; and
                    (B) the percentage of households in the State, or 
                under the jurisdiction of the Indian Tribe, that spend 
                more than 30 percent of monthly income on housing; and
            (2) reserve up to 3 percent of the amount appropriated in 
        this section for Indian Tribes and Tribal organizations.
    (c) Definition.--In this section, the term ``State'' means each of 
the 50 States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, Guam, the Virgin Islands, 
and the Commonwealth of the Northern Mariana Islands.

                           Subtitle D--Energy

             PART 1--CLEAN ELECTRICITY PERFORMANCE PROGRAM

SEC. 30411. CLEAN ELECTRICITY PERFORMANCE PROGRAM.

    (a) Appropriation.--
            (1) Administration.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary of Energy for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $250,000,000, to remain available until 
        September 30, 2031 (except that no funds shall be disbursed 
        after September 30, 2031), for the administrative expenses of 
        carrying out section 224 of the Federal Power Act (as added by 
        this section).
            (2) Grants.--In addition to amounts otherwise available, 
        there is appropriated to the Secretary of Energy for each of 
        fiscal years 2023 through 2031, out of any money in the 
        Treasury not otherwise appropriated, such sums as are necessary 
        to issue grants under section 224 of the Federal Power Act (as 
        added by this section) (except that no funds shall be disbursed 
        after September 30, 2031).
    (b) Program.--Part II of the Federal Power Act is amended by adding 
after section 223 (16 U.S.C. 824w) the following:

``SEC. 224. CLEAN ELECTRICITY PERFORMANCE PROGRAM.

    ``(a) Establishment of Program.--Not later than 1 year after the 
date of enactment of this section, the Secretary shall establish a 
program to--
            ``(1) issue grants for each of calendar years 2023 through 
        2030 to eligible electricity suppliers in accordance with this 
        section; and
            ``(2) collect payments for each of calendar years 2023 
        through 2030 from eligible electricity suppliers in accordance 
        with this section.
    ``(b) Grants to Eligible Electricity Suppliers.--
            ``(1) Eligibility for grants.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an eligible electricity supplier 
                shall be eligible for a grant under this section for a 
                performance year if the certified clean electricity 
                percentage of the eligible electricity supplier for 
                that performance year is increased by at least 4 
                percentage points from the greater of--
                            ``(i) the highest certified clean 
                        electricity percentage of the eligible 
                        electricity supplier for any year prior to that 
                        performance year; or
                            ``(ii) the baseline clean electricity 
                        percentage of the eligible electricity 
                        supplier.
                    ``(B) Adjustment.--With respect to a performance 
                year in which an eligible electricity supplier 
                submitted a payment under this section for the year 
                prior to that performance year, the eligible 
                electricity supplier shall be eligible for a grant 
                under this section if the certified clean electricity 
                percentage of the eligible electricity supplier for 
                that performance year is increased by at least--
                            ``(i) the number of percentage points 
                        described in subparagraph (A); plus
                            ``(ii) the number of percentage points that 
                        equals the sum described in subsection 
                        (c)(2)(B) for the year for which the payment 
                        was submitted.
            ``(2) Grant calculation.--Except as provided in subsection 
        (d), the Secretary shall issue to an eligible electricity 
        supplier a grant under this section for a performance year in 
        an amount equal to $150 for each megawatt-hour of qualified 
        clean electricity validly claimed by the eligible electricity 
        supplier under subsection (e)(1)(A)(i) for that performance 
        year that exceeds the sum of--
                    ``(A) the product obtained by multiplying--
                            ``(i) the total load of the eligible 
                        electricity supplier for that performance year; 
                        and
                            ``(ii) 0.015; and
                    ``(B) the greater of--
                            ``(i) the largest quantity of megawatt-
                        hours of qualified clean electricity claimed by 
                        the eligible electricity supplier under 
                        subsection (e)(1)(A)(i) for any year prior to 
                        that performance year; or
                            ``(ii) the quantity of megawatt-hours 
                        represented by the baseline clean electricity 
                        percentage of the eligible electricity 
                        supplier.
            ``(3) Initial grants.--In calculating a grant for 
        performance year 2023, the product described in paragraph 
        (2)(A) shall be obtained by substituting 0.025 for 0.015.
    ``(c) Payments.--
            ``(1) In general.--Except as provided in paragraph (3) and 
        subsection (d), the Secretary shall collect a payment for a 
        performance year in accordance with this subsection from each 
        eligible electricity supplier that does not have a certified 
        clean electricity percentage for that performance year that is 
        increased by at least 4 percentage points above the greater 
        of--
                    ``(A) the highest certified clean electricity 
                percentage of the eligible electricity supplier from 
                any year prior to that performance year; or
                    ``(B) the baseline clean electricity percentage of 
                the eligible electricity supplier.
            ``(2) Payment calculation.--For each eligible electricity 
        supplier, the payment described in paragraph (1) shall be equal 
        to the dollar amount that is the product obtained by 
        multiplying--
                    ``(A) $40; and
                    ``(B) the quantity of megawatt-hours that 
                represents the percentage of the total electricity load 
                of the eligible electricity supplier for the 
                performance year that is represented by the number that 
                equals the sum of--
                            ``(i) 4; plus
                            ``(ii) the number that is equal to--
                                    ``(I) the greater of--
                                            ``(aa) the highest 
                                        certified clean electricity 
                                        percentage of the eligible 
                                        electricity supplier for any 
                                        year prior to that performance 
                                        year; or
                                            ``(bb) the baseline clean 
                                        electricity percentage of the 
                                        eligible electricity supplier; 
                                        minus
                                    ``(II) the certified clean 
                                electricity percentage of the eligible 
                                electricity supplier for that 
                                performance year.
            ``(3) Exception.--The Secretary shall not collect a payment 
        for a performance year from an eligible electricity supplier 
        that has a certified clean electricity percentage for that 
        performance year that is 85 percent or greater, subject to the 
        condition that the certified clean electricity percentage of 
        the eligible electricity supplier for that performance year is 
        not less than the certified clean electricity percentage of the 
        eligible electricity supplier for the year prior to that 
        performance year.
            ``(4) Deadline.--The Secretary shall collect a payment 
        under this section from an eligible electricity supplier not 
        later than 6 months after the date on which the eligible 
        electricity supplier submits the applicable certification under 
        subsection (e)(1)(A)(i).
            ``(5) Restriction.--An eligible electricity supplier may 
        not recover the cost of a payment submitted under this section 
        from any person other than the shareholders or owners of the 
        eligible electricity supplier.
    ``(d) Deferral of Grants and Payments.--
            ``(1) In general.--Subject to paragraph (2), with respect 
        to any of calendar years 2023 through 2029, an eligible 
        electricity supplier may elect to defer a grant or a payment 
        for the calendar year, and shall notify the Secretary of such 
        election at such time and in such form as the Secretary 
        requires.
            ``(2) Limitation.--An eligible electricity supplier may not 
        make an election described in paragraph (1) for a calendar year 
        if the eligible electricity supplier made that election for the 
        preceding 2 calendar years.
            ``(3) Grant or payment following deferral.--
                    ``(A) Eligibility.--An eligible electricity 
                supplier making an election under this subsection shall 
                be eligible for a grant, or shall submit a payment, for 
                a performance year following a deferred year based on 
                whether its certified clean electricity percentage 
                increased, on average, by 4 or more percentage points 
                in that performance year and each consecutive deferred 
                year immediately preceding that performance year.
                    ``(B) Amounts.--The amount of a grant or payment 
                pursuant to this subsection shall be based on the 
                calculations set forth in subsections (b) and (c), 
                respectively, adjusted to account for the performance 
                year and each deferred year.
    ``(e) Requirements.--
            ``(1) Conditions.--In each of calendar years 2024 through 
        2031, each eligible electricity supplier--
                    ``(A) shall submit to the Secretary, by a date 
                determined by the Secretary (but not later than June 
                1)--
                            ``(i) a performance certification for the 
                        preceding calendar year, using such methods and 
                        subject to such audit provisions as the 
                        Secretary determines appropriate, of--
                                    ``(I) the total electricity load of 
                                the eligible electricity supplier in 
                                such preceding calendar year;
                                    ``(II) the quantity of megawatt-
                                hours of qualified clean electricity 
                                that the eligible electricity supplier 
                                claims for such preceding calendar year 
                                for purposes of this section; and
                                    ``(III) the percentage of the total 
                                electricity load certified under 
                                subclause (I) that is qualified clean 
                                electricity claimed under subclause 
                                (II);
                            ``(ii) a written assurance that the 
                        eligible electricity supplier will promptly 
                        report to any applicable commission, board, or 
                        governance body that regulates the eligible 
                        electricity supplier any grant received or 
                        payment submitted by the eligible electricity 
                        supplier under this section; and
                            ``(iii) a compliance certification that the 
                        eligible electricity supplier has complied, 
                        with respect to each grant received or payment 
                        submitted by the eligible electricity supplier 
                        under this section, as applicable, with--
                                    ``(I) all written assurances 
                                submitted under this section;
                                    ``(II) the requirements of 
                                paragraph (3); and
                                    ``(III) requirements established by 
                                the Secretary to ensure the financial 
                                integrity of grants issued and payments 
                                collected under this section; and
                    ``(B) may not receive a grant under this section 
                for a performance year unless the eligible electricity 
                supplier--
                            ``(i) complies with subparagraph (A) with 
                        respect to that performance year; and
                            ``(ii) submits to the Secretary, for that 
                        performance year, a written assurance in 
                        accordance with section 803(b)(3) of the Energy 
                        Independence and Security Act (42 U.S.C. 
                        17282(b)(3)) (for purposes of which any 
                        reference to a grant under that section shall 
                        be considered to be a reference to a grant 
                        under this section).
            ``(2) Baseline.--Each eligible electricity supplier, 
        including each new eligible electricity supplier, shall provide 
        sufficient information to the Secretary, as determined by the 
        Secretary, to establish its baseline clean electricity 
        percentage.
            ``(3) Use of funds.--An eligible electricity supplier shall 
        use a grant received under this section exclusively for the 
        benefit of the ratepayers of the eligible electricity supplier, 
        including direct bill assistance to ratepayers, investments in 
        qualified clean electricity and energy efficiency, and worker 
        retention.
    ``(f) Definitions.--In this section:
            ``(1) Baseline clean electricity percentage.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `baseline clean electricity 
                percentage' means, with respect to an eligible 
                electricity supplier, the average percentage of the 
                total electricity load of the eligible electricity 
                supplier for calendar years 2019 and 2020 that is 
                represented by, as determined by the Secretary--
                            ``(i) the average clean electricity 
                        percentage of the eligible electricity supplier 
                        for such calendar years; and
                            ``(ii) a share of any unallocated qualified 
                        clean electricity for such calendar years.
                    ``(B) New eligible electricity suppliers.--With 
                respect to a new eligible electricity supplier, the 
                term `baseline clean electricity percentage' means the 
                prevailing average clean electricity percentage of 
                comparable eligible electricity suppliers in the area 
                in which the new eligible electricity supplier provides 
                end-use electricity customers with electricity, as 
                determined by the Secretary.
            ``(2) Carbon dioxide equivalent emissions.--The term 
        `carbon dioxide equivalent emissions' means, with respect to a 
        greenhouse gas, the number of metric tons of carbon dioxide 
        emissions with the same global warming potential over a 20-year 
        period as 1 metric ton of emissions of the greenhouse gas, as 
        determined by the Secretary, taking into consideration relevant 
        methods and information described in assessment reports 
        prepared by the Intergovernmental Panel on Climate Change.
            ``(3) Carbon intensity.--The term `carbon intensity' means 
        the carbon dioxide equivalent emissions released into the 
        atmosphere from the generation of 1 megawatt-hour of 
        electricity by an electric generating unit, as determined by 
        the Secretary.
            ``(4) Certified clean electricity percentage.--The term 
        `certified clean electricity percentage' means, with respect to 
        an eligible electricity supplier, the percentage certified by 
        the eligible electricity supplier under subsection 
        (e)(1)(A)(i)(III), which may only include qualified clean 
        electricity with respect to which the eligible electricity 
        supplier holds the exclusive rights to the qualifying 
        attributes.
            ``(5) Clean electricity percentage.--The term `clean 
        electricity percentage' means, with respect to an eligible 
        electricity supplier, the percentage of the total electricity 
        load of the eligible electricity supplier that is qualified 
        clean electricity, with respect to which the eligible 
        electricity supplier holds the exclusive rights to the 
        qualifying attributes.
            ``(6) Eligible electricity supplier.--The term `eligible 
        electricity supplier' means, notwithstanding section 201(b)(1), 
        any entity within the United States, including an entity 
        described in section 201(f), that--
                    ``(A) provides end-use electricity customers with 
                electricity; and
                    ``(B) is granted the authority or has an obligation 
                pursuant to Federal, State, or local law or regulation 
                to provide electricity to end-use electricity 
                customers.
            ``(7) New eligible electricity supplier.--The term `new 
        eligible electricity supplier' means an eligible electricity 
        supplier that did not provide electricity to end-use 
        electricity customers in both of calendar years 2019 and 2020.
            ``(8) Performance year.--The term `performance year' means 
        the calendar year for which a certification was submitted under 
        subsection (e)(1)(A)(i).
            ``(9) Qualified clean electricity.--The term `qualified 
        clean electricity' means electricity generated by an electric 
        generating unit, or technology type or class thereof, that has 
        a carbon intensity that is not more than 0.10.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(11) Total electricity load.--The term `total electricity 
        load' means, with respect to an eligible electricity supplier, 
        the total quantity, in megawatt-hours, of electricity provided 
        by the eligible electricity supplier to end-use electricity 
        customers in a calendar year.''.

       PART 2--RESIDENTIAL EFFICIENCY AND ELECTRIFICATION REBATES

SEC. 30421. HOME ENERGY PERFORMANCE-BASED, WHOLE-HOUSE REBATES AND 
              TRAINING GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy (referred to in this 
section as the ``Secretary'') for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $9,000,000,000, to remain 
available until September 30, 2031, to institute guidelines for State 
energy offices to provide rebates to homeowners and aggregators for 
whole-house energy saving retrofits as authorized under section 362 of 
the Energy Policy and Conservation Act (42 U.S.C. 6322), which shall be 
made available as follows:
            (1) Home on-line performance-based energy efficiency (hope) 
        contractor training grants.--
                    (A) In general.--$500,000,000 shall be available 
                for the Secretary to award grants to States through the 
                State Energy Program, which shall partner with 
                nonprofit organizations to fund qualifying programs 
                described in subparagraph (B) that provide training 
                courses and opportunities to support home energy 
                efficiency upgrade construction services to train 
                workers, both on-line and in-person, to support and 
                provide for the home energy efficiency retrofits under 
                paragraph (2).
                    (B) Qualifying programs.--For the purposes of this 
                paragraph, qualifying programs are programs that--
                            (i) provide the equivalent of at least 30 
                        hours in total course time;
                            (ii) are provided by a provider that is 
                        accredited by the Interstate Renewable Energy 
                        Council or has other accreditation determined 
                        to be equivalent by the Secretary;
                            (iii) are, with respect to a particular 
                        job, aligned with the relevant National 
                        Renewable Energy Laboratory Job Task Analysis, 
                        or other credentialing program foundation that 
                        helps identify the necessary core knowledge 
                        areas, critical work functions, or skills, as 
                        approved by the Secretary;
                            (iv) have established learning objectives;
                            (v) include, as the Secretary determines 
                        appropriate, an appropriate assessment of such 
                        learning objectives that may include a final 
                        exam, to be proctored on-site or through remote 
                        proctoring, or an in-person field exam; and
                            (vi) include training related to--
                                    (I) contractor certification;
                                    (II) energy auditing or assessment;
                                    (III) home energy systems 
                                (including Energy Star-qualified HVAC 
                                systems and Wi-Fi-enabled home energy 
                                communications technology, or any 
                                future technology that achieves the 
                                same goals);
                                    (IV) insulation installation and 
                                air leakage control;
                                    (V) health and safety regarding the 
                                installation of energy efficiency 
                                measures or health and safety impacts 
                                associated with energy efficiency 
                                retrofits;
                                    (VI) indoor air quality;
                                    (VII) energy efficiency retrofits 
                                in manufactured housing; and
                                    (VIII) residential electrification 
                                training and conversion training.
                    (C) State energy program providers.--A State energy 
                office may use not more than 10 percent of the amounts 
                made available to the State energy office under this 
                paragraph to administer a qualifying program described 
                in subparagraph (B), including for the conduct of 
                design and operations activities.
                    (D) Terms and conditions.--
                            (i) Eligible use of funds.--Of the amounts 
                        made available to a State under this paragraph, 
                        85 percent shall be used by the State--
                                    (I) to support the operations of 
                                qualifying programs, including 
                                establishing, modifying, or maintaining 
                                the online systems, staff time, and 
                                software and online program management, 
                                through a course that meets the 
                                applicable criteria;
                                    (II) to reimburse the contractor 
                                company for training costs for 
                                employees;
                                    (III) to provide any home 
                                technology support needed for an 
                                employee to receive training pursuant 
                                to this section; and
                                    (IV) to support wages of employees 
                                during training.
                            (ii) Timing of obligations.--Amounts made 
                        available under this paragraph shall be used, 
                        as necessary, to cover or reimburse allowable 
                        costs incurred after the date of enactment of 
                        this Act.
                            (iii) Unobligated amounts.--Amounts made 
                        available under this paragraph which are not 
                        accepted, are voluntarily returned, or 
                        otherwise recaptured for any reason shall be 
                        used to fund grants under paragraph (2).
            (2) Home owner managing energy savings (homes) rebates.--
                    (A) In general.--95 percent of amounts made 
                available under this section shall be available to the 
                Secretary to award grants to State energy offices to 
                establish Home Owner Managing Energy Savings (HOMES) 
                Rebate Programs through the State Energy Program under 
                part B of title III of the Energy Policy and 
                Conservation Act (42 U.S.C. 6291 et seq.), in 
                accordance with the formula for the State Energy 
                Program in effect on January 1, 2021.
                    (B) Coordination.--In carrying out this section, 
                the Secretary shall coordinate with State energy 
                offices to ensure that programs that receive awards are 
                formulated to achieve maximum greenhouse gas emissions 
                reductions and household energy and costs savings.
                    (C) Application.--In order to receive a grant under 
                this section a State shall submit to the Secretary an 
                application that includes a plan to implement a 
                qualifying State program that includes--
                            (i) a plan to ensure that each home energy 
                        efficiency retrofit under the program--
                                    (I) is completed by a contractor 
                                who meets minimum training 
                                requirements, certification 
                                requirements, and other requirements 
                                established by the Secretary; and
                                    (II) includes installation of 1 or 
                                more home energy efficiency retrofit 
                                measures that are modeled to achieve, 
                                or are shown to achieve, the minimum 
                                reduction required in home energy use, 
                                or with respect to a portfolio of home 
                                energy efficiency retrofits, in 
                                aggregated home energy use for such 
                                portfolio;
                            (ii) a plan--
                                    (I) to utilize, for purposes of 
                                modeled performance home rebates, 
                                modeling software, methods, and 
                                procedures for determining and 
                                documenting the reductions in home 
                                energy use resulting from the 
                                implementation of a home energy 
                                efficiency retrofit that is calibrated 
                                to historical energy usage for a home 
                                consistent with BPI 2400, that are 
                                approved by the Secretary, that can 
                                provide evidence for necessary 
                                improvements to a State program, and 
                                that can help to calibrate models for 
                                accuracy;
                                    (II) to utilize, for purposes of 
                                measured performance home rebates, 
                                open-source advanced measurement and 
                                verification software approved by the 
                                Secretary for determining and 
                                documenting the monthly and hourly (if 
                                available) weather-normalized baseline 
                                energy use of a home, the reductions in 
                                monthly and hourly (if available) 
                                weather-normalized energy use of a home 
                                resulting from the implementation of a 
                                home energy efficiency retrofit, and 
                                open-source advanced measurement and 
                                verification software approved by the 
                                Secretary; and
                                    (III) to value savings based on 
                                time, location, or greenhouse gas 
                                emissions;
                            (iii) procedures for a homeowner to 
                        transfer the right to claim a rebate to the 
                        contractor performing the applicable home 
                        energy efficiency retrofit or to an aggregator, 
                        if the State program will utilize aggregators;
                            (iv) if the State program will utilize 
                        aggregators to facilitate delivery of rebates 
                        to homeowners or contractors, requirements for 
                        an entity to be eligible to serve as an 
                        aggregator;
                            (v) quality monitoring to ensure that each 
                        installation that receives a rebate is 
                        documented in a certificate, provided by the 
                        contractor to the homeowner, that details the 
                        work, including information about the 
                        characteristics of equipment and materials 
                        installed, as well as projected energy savings 
                        or energy generation, in a way that will enable 
                        the homeowner to clearly communicate the value 
                        of the high-performing features funded by the 
                        rebate to buyers, real estate agents, 
                        appraisers and lenders; and
                            (vi) a procedure for providing the 
                        contractor performing a home energy efficiency 
                        retrofit or an aggregator who has the right to 
                        claim such rebate with $200 for each home 
                        located in an underserved community that 
                        receives a home efficiency retrofit for which a 
                        rebate is provided under the program.
                    (D) Amount of rebates for single family and 
                multifamily homes.--Of the amounts provided to a State 
                energy office under this section, 85 percent shall be 
                used to provide Home Owner Managing Energy Savings 
                (HOMES) Rebates to--
                            (i) individuals and aggregators for the 
                        energy efficiency upgrades of single-family 
                        homes of not more than 4 units--
                                    (I) $2,000 for a retrofit that 
                                achieves at least 20 percent modeled 
                                energy system savings or 50 percent of 
                                the project cost, whichever is lower;
                                    (II) $4,000 for a retrofit that 
                                achieves at least 35 percent modeled 
                                energy system savings or 50 percent of 
                                the project cost, whichever is lower; 
                                or
                                    (III) for measured energy savings, 
                                a payment per kilowatt hour saved, or 
                                kilowatt hour-equivalent saved, equal 
                                to $2,000 for a 20 percent reduction of 
                                energy use for the average home in the 
                                State, for homes or portfolios of homes 
                                that achieve at least 15 percent energy 
                                savings, or 50 percent of the project 
                                cost, whichever is lower;
                            (ii) multifamily building owners and 
                        aggregators for the energy efficiency upgrades 
                        of multifamily buildings--
                                    (I) $2,000 per dwelling unit for a 
                                retrofit that achieves at least 20 
                                percent modeled energy system savings 
                                up a maximum of $200,000 per 
                                multifamily building;
                                    (II) $4,000 per dwelling unit for a 
                                retrofit that achieves at least 35 
                                percent modeled energy system savings 
                                up to a maximum of $400,000 per 
                                multifamily building; or
                                    (III) for measured energy savings, 
                                a payment rate per kilowatt hours 
                                saved, or kilowatt hour-equivalent 
                                saves, equal to $2,000 for a 20 percent 
                                reduction of energy use for the average 
                                multifamily building in the State, for 
                                multifamily buildings or portfolios of 
                                buildings that achieve at least 15 
                                percent energy savings, or 50 percent 
                                of the project cost, whichever is 
                                lower; or
                            (iii) individuals and aggregators for the 
                        energy efficiency upgrades of single family 
                        homes of 4 units or less or multifamily 
                        buildings that are occupied by residents with 
                        an annual income of less than 80 percent of the 
                        area median income as published by the 
                        Department of Housing and Urban Development--
                                    (I) $4,000 for a retrofit that 
                                achieves at least 20 percent modeled 
                                energy system savings or 80 percent of 
                                the project cost, whichever is lower;
                                    (II) $8,000 for a retrofit that 
                                achieves at least 35 percent modeled 
                                energy system savings or 80 percent of 
                                the project cost, whichever is lower; 
                                or
                                    (III) for measured energy savings, 
                                a payment rate per kilowatt hour saved, 
                                or kilowatt hour-equivalent saved, 
                                equal to $4,000 for a 20 percent 
                                reduction of energy use for the average 
                                multifamily building in the State, for 
                                multifamily buildings or portfolios of 
                                buildings that achieve at least 15 
                                percent energy savings, or 80 percent 
                                of the project cost, whichever is 
                                lower.
                    (E) Requirement.--Not less than 25 percent of the 
                funds provided to a State energy office under this 
                section shall be used for the purposes of each of 
                clauses (i), (ii), and (iii) of subparagraph (D).
                    (F) Eligibility of certain appliances.--In 
                calculating total energy savings for single family or 
                multifamily homes under this section, a program may 
                include savings from the purchase of high-efficiency 
                natural gas HVAC systems and water heaters certified 
                under the Energy Star program until the date that is 6 
                years after the date of enactment of this Act.
                    (G) Planning.--Not to exceed 20 percent of any 
                grant made with funds made available under this 
                paragraph shall be expended for planning and management 
                development and administration.
                    (H) Technical assistance.--Amounts made available 
                under this paragraph shall be used for single family, 
                multifamily, and manufactured housing rebates and the 
                Secretary shall, in consultation with States, 
                contractors, and other technical experts design 
                support, methodology, and contractor criteria as 
                appropriate for the different building stock.
                    (I) Use of funds.--Rebate amounts made available 
                through the High-Efficiency Electric Home Rebate 
                Program established under subsection (b)(1) of section 
                124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) 
                (as amended by section 30422 of this subtitle) may be 
                used in conjunction with the funds made available under 
                this section.
    (b) Definitions.--In this section:
            (1) Aggregator.--The term ``aggregator'' means a gas 
        utility, electric utility, or commercial, nonprofit, or 
        government entity that may receive rebates provided under a 
        State program under this section for 1 or more portfolios 
        consisting of 1 or more energy efficiency retrofits.
            (2) Contractor certification.--The term ``contractor 
        certification'' means--
                    (A) an industry recognized certification that may 
                be obtained by a residential contractor to advance the 
                expertise and education of the contractor in energy 
                efficiency retrofits of residential buildings; and
                    (B) any other certification the Secretary 
                determines appropriate for purposes of the HOMES Rebate 
                Program established under subsection (a)(2).
            (3) Contractor company.--The term ``contractor company'' 
        means a company--
                    (A) the business of which is to provide services to 
                residential building owners with respect to HVAC 
                systems, insulation, air sealing, or other services 
                that are approved by the Secretary;
                    (B) that holds the licenses and insurance required 
                by the State in which the company provides services; 
                and
                    (C) that provides services for which a rebate may 
                be provided pursuant to the HOMES Rebate Program 
                established under subsection (a)(2).
            (4) Energy star program.--The term ``Energy Star program'' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294a).
            (5) Home.--The term ``home'' means a building with not more 
        than 4 dwelling units or a manufactured housing unit (including 
        a unit built before June 15, 1976), that--
                    (A) is located in the United States;
                    (B) was constructed before the date of enactment of 
                this Act; and
                    (C) is occupied at least 6 months out of the year.
            (6) HVAC system.--The term ``HVAC system'' means a system--
                    (A) is certified under the Energy Star program;
                    (B) consisting of a heating component, a 
                ventilation component, and an air-conditioning 
                component; and
                    (C) the components of which may include central air 
                conditioning, a heat pump, a furnace, a boiler, a 
                rooftop unit, and a window unit.
            (7) Multifamily building.--The term ``multifamily 
        building'' means a building with 5 or more dwelling units.
            (8) State energy office.--The term ``State energy office'' 
        means the State agency responsible for developing State energy 
        conservation plans under section 362 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6322).
            (9) Underserved community.--The term ``underserved 
        community'' means--
                    (A) a community located in a ZIP Code that includes 
                1 or more census tracts that are identified as--
                            (i) a low-income community; or
                            (ii) a community of racial or ethnic 
                        minority concentration; or
                    (B) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, and environmental stressors.

SEC. 30422. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.

    (a) In General.--Section 124 of the Energy Policy Act of 2005 (42 
U.S.C. 15821) is amended to read as follows:

``SEC. 124. HIGH-EFFICIENCY ELECTRIC HOME REBATE PROGRAM.

    ``(a) Appropriations.--
            ``(1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for fiscal 
        year 2022, out of any money in the Treasury not otherwise 
        appropriated, $3,500,000,000, to remain available until 
        September 30, 2031, to carry out this section, including to 
        provide rebates under this section, of which the Secretary--
                    ``(A) may use not more than $5,000,000 for 
                community and consumer education and outreach related 
                to this section; and
                    ``(B) shall use not more than $300,000,000--
                            ``(i) to administer this section; and
                            ``(ii) to provide administrative and 
                        technical support to certified contractor 
                        companies, qualified providers, States, and 
                        Indian Tribes.
            ``(2) Additional funding for tribal communities and low- or 
        moderate-income households.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for fiscal 
        year 2022, out of any money in the Treasury not otherwise 
        appropriated, $5,500,000,000, to remain available until 
        September 30, 2031, for--
                    ``(A) rebates under this section relating to 
                qualified electrification projects carried out in 
                Tribal communities or for low- or moderate-income 
                households; and
                    ``(B) any necessary administrative or technical 
                support for those qualified electrification projects.
    ``(b) High-efficiency Electric Home Rebates for Qualified 
Electrification Projects.--
            ``(1) High-efficiency electric home rebates.--The Secretary 
        shall establish a program within the Department, to be known as 
        the `High-Efficiency Electric Home Rebate Program', under which 
        the Secretary shall provide to homeowners and owners of 
        multifamily buildings high-efficiency electric home rebates, in 
        accordance with this subsection, for qualified electrification 
        projects carried out at, or relating to, the homes or 
        multifamily buildings, as applicable.
            ``(2) Amount of rebate.--
                    ``(A) In general.--Subject to subsection (c)(1)(A), 
                a high-efficiency electric home rebate under paragraph 
                (1) shall be equal to--
                            ``(i) in the case of a qualified 
                        electrification project described in subsection 
                        (d)(11)(A)(i)(II) that installs a heat pump 
                        used for water heating, not more than $1,250;
                            ``(ii) in the case of a qualified 
                        electrification project described in subsection 
                        (d)(11)(A)(i)(II) that installs a heat pump 
                        HVAC system--
                                    ``(I)(aa) not more than $3,000 if 
                                the heat pump HVAC system has a heating 
                                capacity of not less than 27,500 Btu 
                                per hour; or
                                    ``(bb) not more than $4,000 if the 
                                heat pump HVAC system meets Energy Star 
                                program cold climate criteria and is 
                                installed in a cold climate, as 
                                determined by the Secretary;
                                    ``(II)(aa) not more than $1,500 if 
                                the heat pump HVAC system has a heating 
                                capacity of less than 27,500 Btu per 
                                hour; or
                                    ``(bb) not more than $2,000 if the 
                                heat pump HVAC system meets Energy Star 
                                program cold climate criteria and is 
                                installed in a cold climate, as 
                                determined by the Secretary; and
                                    ``(III) $250, in addition to the 
                                amount described in subclause (I) or 
                                (II), if a qualified electrification 
                                project described in subsection 
                                (d)(11)(A)(i)(V) that installs 
                                insulation, air sealing, and 
                                ventilation in accordance with clause 
                                (v) is completed within 6 months before 
                                or after the qualified electrification 
                                project described in that subclause;
                            ``(iii) in the case of a qualified 
                        electrification project described in subclause 
                        (III) or (IV) of subsection (d)(11)(A)(i), not 
                        more than $600;
                            ``(iv) in the case of a qualified 
                        electrification project described in subsection 
                        (d)(11)(A)(i)(I) that installs an electric load 
                        or service center panel that enables the 
                        installation and use of any upgrade, appliance, 
                        system, equipment, infrastructure, component, 
                        or other item installed pursuant to any other 
                        qualified electrification project, not more 
                        than $3,000;
                            ``(v) in the case of a qualified 
                        electrification project described in subsection 
                        (d)(11)(A)(i)(V) that installs insulation and 
                        air sealing, not more than $800; and
                            ``(vi) in the case of any other qualified 
                        electrification project, including a qualified 
                        electrification project described in any of 
                        subclauses (I) through (III) of subsection 
                        (d)(11)(A)(ii), for which the Secretary 
                        provides a high-efficiency electric home 
                        rebate, not more than an amount determined by 
                        the Secretary for that qualified 
                        electrification project, subject to 
                        subparagraph (B).
                    ``(B) Limitations on amount of rebate.--
                            ``(i) Maximum total amount.--Subject to 
                        subsection (c)(1)(B), the maximum total amount 
                        that may be awarded as high-efficiency electric 
                        home rebates under this subsection shall be 
                        $10,000 with respect to each home for which a 
                        high-efficiency electric home rebate is 
                        provided.
                            ``(ii) Costs.--
                                    ``(I) In general.--Subject to 
                                subsection (c)(1)(C), the amount of a 
                                high-efficiency electric home rebate 
                                provided to a homeowner under this 
                                subsection shall not exceed 50 percent 
                                of the total cost of the applicable 
                                qualified electrification project.
                                    ``(II) Labor costs.--Subject to 
                                subsection (c)(1)(C), not more than 50 
                                percent of the labor costs associated 
                                with a qualified electrification 
                                project may be included in the 50 
                                percent of total costs for which a 
                                high-efficiency electric home rebate is 
                                provided under this subsection, as 
                                described in subclause (I), subject to 
                                the condition that labor costs account 
                                for not more than 50 percent of the 
                                amount of the high-efficiency electric 
                                home rebate.
            ``(3) Limitations on qeps.--
                    ``(A) Contractors.--A high-efficiency electric home 
                rebate may be provided for a qualified electrification 
                project carried out by a contractor company only if 
                that contractor company is a certified contractor 
                company.
                    ``(B) Heat pump hvac systems.--A high-efficiency 
                electric home rebate may be provided for a qualified 
                electrification project that installs or enables the 
                installation of a heat pump HVAC system only if the 
                heat pump HVAC system--
                            ``(i) replaces--
                                    ``(I) a nonelectric HVAC system;
                                    ``(II) an electric resistance HVAC 
                                system; or
                                    ``(III) an air conditioning unit 
                                that--
                                            ``(aa) does not have a 
                                        reversing valve; and
                                            ``(bb) has a lower seasonal 
                                        energy-efficiency ratio than 
                                        the heat pump HVAC system; or
                            ``(ii) is part of new construction, as 
                        determined by the Secretary.
                    ``(C) Heat pumps for water heating.--A high-
                efficiency electric home rebate may be provided for a 
                qualified electrification project that installs or 
                enables the installation of a heat pump used for water 
                heating only if the heat pump--
                            ``(i) replaces--
                                    ``(I) a nonelectric heat pump water 
                                heater;
                                    ``(II) a nonelectric water heater; 
                                or
                                    ``(III) an electric resistance 
                                water heater; or
                            ``(ii) is part of new construction, as 
                        determined by the Secretary.
                    ``(D) Electric stoves, cooktops, ranges, and 
                ovens.--A high-efficiency electric home rebate may be 
                provided for a qualified electrification project 
                described in subsection (d)(11)(A)(i)(III) only if the 
                applicable electric stove, cooktop, range, or oven--
                            ``(i) replaces a nonelectric stove, 
                        cooktop, range, or oven; or
                            ``(ii) is part of new construction, as 
                        determined by the Secretary.
                    ``(E) Electric heat pump clothes dryers.--A high-
                efficiency electric home rebate may be provided for a 
                qualified electrification project described in 
                subsection (d)(11)(A)(i)(IV) only if the applicable 
                electric heat pump clothes dryer--
                            ``(i) replaces a nonelectric clothes dryer; 
                        or
                            ``(ii) is part of new construction.
            ``(4) Additional incentives for contractors and qualified 
        providers.--
                    ``(A) General incentive.--
                            ``(i) In general.--With respect to each 
                        qualified electrification project described in 
                        clause (ii), the Secretary shall provide a 
                        payment of $100 to the certified contractor 
                        company or qualified provider carrying out the 
                        qualified electrification project.
                            ``(ii) Qualified electrification project 
                        described.--A qualified electrification project 
                        referred to in clause (i) is a qualified 
                        electrification project--
                                    ``(I) that is carried out at a home 
                                or multifamily building;
                                    ``(II) for which a rebate is 
                                provided under this subsection; and
                                    ``(III) with respect to which the 
                                certified contractor company or 
                                qualified provider is not eligible for 
                                a higher payment under any of 
                                subparagraphs (B) through (D).
                    ``(B) Incentive for qeps in certain communities and 
                households.--
                            ``(i) In general.--With respect to each 
                        qualified electrification project described in 
                        clause (ii), the Secretary shall provide a 
                        payment of $200 to the certified contractor 
                        company or qualified provider carrying out the 
                        qualified electrification project.
                            ``(ii) Qualified electrification project 
                        described.--A qualified electrification project 
                        referred to in clause (i) is a qualified 
                        electrification project--
                                    ``(I) that is carried out at a home 
                                or multifamily building that--
                                            ``(aa) is located in an 
                                        underserved community or a 
                                        Tribal community; or
                                            ``(bb) is certified, or the 
                                        household of the homeowner of 
                                        which is certified, as 
                                        applicable, as low- or 
                                        moderate-income;
                                    ``(II) for which a rebate is 
                                provided under this subsection; and
                                    ``(III) with respect to which the 
                                certified contractor company or 
                                qualified provider is not eligible for 
                                a higher payment under subparagraph (C) 
                                or (D).
                    ``(C) Incentive for certain labor practices.--
                            ``(i) In general.--With respect to each 
                        qualified electrification project described in 
                        clause (ii), the Secretary shall provide a 
                        payment of $250 to the certified contractor 
                        company or qualified provider carrying out the 
                        qualified electrification project.
                            ``(ii) Qualified electrification project 
                        described.--A qualified electrification project 
                        referred to in clause (i) is a qualified 
                        electrification project--
                                    ``(I) that is carried out--
                                            ``(aa) at a home or 
                                        multifamily building; and
                                            ``(bb) by a certified 
                                        contractor company or qualified 
                                        provider that allows for the 
                                        use of collective bargaining 
                                        agreements;
                                    ``(II) for which a rebate is 
                                provided under this subsection; and
                                    ``(III) with respect to which--
                                            ``(aa) all laborers and 
                                        mechanics employed on the 
                                        qualified electrification 
                                        project are paid wages at rates 
                                        not less than those prevailing 
                                        on projects of a character 
                                        similar in the locality; and
                                            ``(bb) the certified 
                                        contractor company or qualified 
                                        provider is not eligible for a 
                                        higher payment under 
                                        subparagraph (D).
                    ``(D) Maximum incentive.--
                            ``(i) In general.--With respect to each 
                        qualified electrification project described in 
                        clause (ii), the Secretary shall provide a 
                        payment of $500 to the certified contractor 
                        company or qualified provider carrying out the 
                        qualified electrification project.
                            ``(ii) Qualified electrification project 
                        described.--A qualified electrification project 
                        referred to in clause (i) is a qualified 
                        electrification project--
                                    ``(I) that is carried out--
                                            ``(aa) at a home or 
                                        multifamily building that--

                                                    ``(AA) is located 
                                                in an underserved 
                                                community or a Tribal 
                                                community; or

                                                    ``(BB) is 
                                                certified, or the 
                                                household of the 
                                                homeowner of which is 
                                                certified, as 
                                                applicable, as low- or 
                                                moderate-income; and

                                            ``(bb) by a certified 
                                        contractor company or qualified 
                                        provider that allows for the 
                                        use of collective bargaining 
                                        agreements;
                                    ``(II) for which a rebate is 
                                provided under this subsection; and
                                    ``(III) with respect to which all 
                                laborers and mechanics employed on the 
                                qualified electrification project are 
                                paid wages at rates not less than those 
                                prevailing on projects of a character 
                                similar in the locality.
                    ``(E) Clarification.--An amount provided to a 
                certified contractor company or qualified provider 
                under any of subparagraphs (A) through (D) shall be in 
                addition to the amount of any high-efficiency electric 
                home rebate received by the certified contractor 
                company or qualified provider.
            ``(5) Claim.--
                    ``(A) In general.--Subject to paragraph (2)(B), a 
                homeowner, a certified contractor company, or a 
                qualified provider may claim a separate high-efficiency 
                electric home rebate under this subsection for each 
                qualified electrification project carried out at a 
                home.
                    ``(B) Transfer.--The Secretary shall establish and 
                publish procedures pursuant to which a homeowner or 
                owner of a multifamily building may transfer the right 
                to claim a rebate under this subsection to the 
                certified contractor company or qualified provider 
                carrying out the applicable qualified electrification 
                project.
            ``(6) Multifamily buildings.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                owner of a multifamily building may combine the amounts 
                of high-efficiency electric home rebates for each 
                dwelling unit in the multifamily building into a single 
                rebate, subject to--
                            ``(i) the condition that the applicable 
                        qualified electrification projects benefit each 
                        dwelling unit with respect to which the rebate 
                        is claimed; and
                            ``(ii) any maximum per-dwelling unit rate 
                        established by the Secretary.
                    ``(B) Costs.--
                            ``(i) In general.--Subject to clause (ii), 
                        the amount of a rebate under subparagraph (A) 
                        shall not exceed 50 percent of the total cost, 
                        including labor costs, of the applicable 
                        qualified electrification projects.
                            ``(ii) Low- or moderate-income buildings.--
                        In the case of a multifamily building that is 
                        certified by the Secretary as low- or moderate-
                        income, the amount of a rebate under 
                        subparagraph (A) shall not exceed 100 percent 
                        of the total cost of the applicable qualified 
                        electrification projects.
                    ``(C) Procedures.--The Secretary shall establish 
                and publish procedures--
                            ``(i) pursuant to which the owner of a 
                        multifamily building may combine rebate amounts 
                        in accordance with this subsection; and
                            ``(ii) for the enforcement of any 
                        limitations under this subsection.
            ``(7) Process.--
                    ``(A) Rebate process.--Not later than July 1, 2022, 
                the Secretary shall establish a rebate processing 
                system that provides immediate price relief for 
                consumers who purchase and have installed qualified 
                electrification projects, in accordance with this 
                section.
                    ``(B) Qualified electrification project list.--
                            ``(i) In general.--Not later than July 1, 
                        2022, the Secretary shall publish a list of 
                        qualified electrification projects for which a 
                        high-efficiency electric home rebate may be 
                        provided under this subsection that includes, 
                        at a minimum, the qualified electrification 
                        projects described in subsection (d)(11)(A).
                            ``(ii) Requirements.--The list published 
                        under clause (i) shall include specifications 
                        for each qualified electrification project 
                        included on the list, including--
                                    ``(I) appropriate certifications 
                                under the Energy Star program; and
                                    ``(II) other applicable 
                                requirements, such as requirements 
                                relating to grid-interactive 
                                capability.
                            ``(iii) Updates.--
                                    ``(I) In general.--Not less 
                                frequently than once every 3 years and 
                                subject to subclause (II), the 
                                Secretary shall publish an updated list 
                                of qualified electrification projects 
                                for which a high-efficiency electric 
                                home rebate may be provided under this 
                                subsection.
                                    ``(II) Limitation.--An updated list 
                                under subclause (I) shall not allow for 
                                any reductions in efficiency levels for 
                                qualified electrification projects 
                                included on the updated list that are 
                                below an efficiency level provided in a 
                                previously published version of the 
                                list.
    ``(c) Special Provisions for Low- and Moderate-income Households 
and Multifamily Buildings.--
            ``(1) Maximum amounts.--With respect to a qualified 
        electrification project carried out at a location described in 
        paragraph (2)--
                    ``(A) a high-efficiency electric home rebate shall 
                be equal to--
                            ``(i) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(i), not more than $1,750;
                            ``(ii) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(ii)--
                                    ``(I)(aa) not more than $6,000 if 
                                the applicable heat pump HVAC system 
                                has a heating capacity of not less than 
                                27,500 Btu per hour; or
                                    ``(bb) not more than $7,000 if the 
                                applicable heat pump HVAC system meets 
                                Energy Star program cold climate 
                                criteria and is installed in a cold 
                                climate, as determined by the 
                                Secretary; and
                                    ``(II)(aa) not more than $3,000 if 
                                the applicable heat pump HVAC system 
                                has a heating capacity of less than 
                                27,500 Btu per hour; or
                                    ``(bb) not more than $3,500 if the 
                                applicable heat pump HVAC system meets 
                                Energy Star program cold climate 
                                criteria and is installed in a cold 
                                climate, as determined by the 
                                Secretary;
                            ``(iii) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(iii), not more than $840;
                            ``(iv) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(iv), not more than $4,000;
                            ``(v) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(v) that installs insulation and air 
                        sealing, not more than $1,600; and
                            ``(vi) in the case of a qualified 
                        electrification project described in subsection 
                        (b)(2)(A)(vi), not more than an amount 
                        determined by the Secretary for that qualified 
                        electrification project, subject to 
                        subparagraph (B);
                    ``(B) the maximum total amount of high-efficiency 
                electric home rebates that may be awarded with respect 
                to each home of a homeowner shall be $14,000; and
                    ``(C) the amount of a high-efficiency electric home 
                rebate may be used to cover not more than 100 percent 
                of the costs, including labor costs, of the applicable 
                qualified electrification project.
            ``(2) Location described.--The maximum amounts described in 
        paragraph (1) shall apply to--
                    ``(A) a home--
                            ``(i) with respect to which the household 
                        of the homeowner is certified as low- or 
                        moderate-income;
                            ``(ii) that is located in a Tribal 
                        community; or
                            ``(iii) in the case of a home that is 
                        rented, with respect to which the household of 
                        the renter is certified as low- or moderate-
                        income; or
                    ``(B) a multifamily building--
                            ``(i) that--
                                    ``(I) is certified as low- or 
                                moderate-income; or
                                    ``(II) is located in a Tribal 
                                community; and
                            ``(ii) with respect to which more than more 
                        than \1/2\ of the dwelling units in the 
                        multifamily building--
                                    ``(I) are occupied by households 
                                the annual household incomes of which 
                                do not exceed 80 percent of the median 
                                annual household income for the area in 
                                which the multifamily building is 
                                located; and
                                    ``(II) have average monthly rental 
                                prices that are equal to, or less than, 
                                an amount that is equal to 30 percent 
                                of the average monthly household income 
                                for the area in which the multifamily 
                                building is located.
            ``(3) Requirement.--The Secretary may provide a rebate in 
        an amount described in paragraph (1) to the owner of a 
        multifamily building or home (in the case of a home that is 
        rented) that meets the requirements of this section if the 
        owner agrees in writing to provide commensurate benefits of 
        future savings to renters in the multifamily building or home.
    ``(d) Definitions.--In this section:
            ``(1) Certified contractor.--The term `certified 
        contractor' means a contractor with a certification reflecting 
        training, education, or other technical expertise relating to 
        qualified electrification projects for residential buildings, 
        as identified by the Secretary.
            ``(2) Certified contractor company.--The term `certified 
        contractor company' means a company--
                    ``(A) the business of which is to provide 
                services--
                            ``(i) to residential building owners; and
                            ``(ii) for which a rebate may be provided 
                        pursuant to this section;
                    ``(B) that holds the licenses and insurance 
                required by the State in which the company provides 
                services; and
                    ``(C) that employs 1 or more certified contractors 
                that perform the services for which a rebate may be 
                provided under this section.
            ``(3) Electric load or service center upgrade.--The term 
        `electric load or service center upgrade' means an improvement 
        to a circuit breaker panel that enables the installation and 
        use of--
                    ``(A) a QEP described in any of subclauses (II) 
                through (IV) of paragraph (9)(A)(i); or
                    ``(B) a QEP described in any of subclauses (I) 
                through (III) of paragraph (9)(A)(ii).
            ``(4) Energy star program.--The term `Energy Star program' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294a).
            ``(5) Heat pump.--The term `heat pump' means a heat pump 
        used for water heating, space heating, or space cooling that--
                    ``(A) relies solely on electricity for its source 
                of power; and
                    ``(B) is air-sourced, geothermal- or ground-
                sourced, or water-sourced.
            ``(6) High-efficiency electric home rebate.--The term 
        `high-efficiency electric home rebate' means a rebate provided 
        in accordance with subsection (b).
            ``(7) Home.--The term `home' means each of--
                    ``(A) a building with not more than 4 dwelling 
                units, individual condominium units, or manufactured 
                housing units, that--
                            ``(i) is located in a State; and
                            ``(ii)(I) is the primary residence of--
                                    ``(aa) the owner of that building, 
                                condominium unit, or manufactured 
                                housing unit, as applicable; or
                                    ``(bb) a renter; or
                            ``(II) is a new-construction single-family 
                        residential home; and
                    ``(B) a unit of a multifamily building that--
                            ``(i) is owned by an individual who is not 
                        the owner of the multifamily building;
                            ``(ii) is located in a State, the District 
                        of Columbia, or a territory of the United 
                        States; and
                            ``(iii) is the primary residence of--
                                    ``(I) the owner of that unit; or
                                    ``(II) a renter.
            ``(8) HVAC.--The term `HVAC' means heating, ventilation, 
        and air conditioning.
            ``(9) Low- or moderate-income.--The term `low - or moderate 
        -income', with respect to a household, means a household--
                    ``(A) with an annual income that is less than 80 
                percent of the annual median income of the area in 
                which the household is located; or
                    ``(B) that is low-income (as defined in section 412 
                of the Energy Conservation and Production Act (42 
                U.S.C. 6862)).
            ``(10) Multifamily building.--The term `multifamily 
        building' means any building--
                    ``(A) with 5 or more dwelling units that--
                            ``(i) are built on top of one another or 
                        side-by-side; and
                            ``(ii) may share common facilities; and
                    ``(B) that is not a home.
            ``(11) Qualified electrification project; qep.--
                    ``(A) In general.--The terms `qualified 
                electrification project' and `QEP' mean a project that, 
                as applicable--
                            ``(i) installs, or enables the installation 
                        and use of, in a home or multifamily building--
                                    ``(I) an electric load or service 
                                center upgrade;
                                    ``(II) an electric heat pump;
                                    ``(III) an induction or 
                                noninduction electric stove, cooktop, 
                                range, or oven;
                                    ``(IV) an electric heat pump 
                                clothes dryer; or
                                    ``(V) insulation, air sealing, and 
                                ventilation, in accordance with 
                                requirements established by the 
                                Secretary; or
                            ``(ii) installs, or enables the 
                        installation and use of, in a home or 
                        multifamily building described in subparagraph 
                        (B)--
                                    ``(I) a solar photovoltaic system, 
                                including any electrical equipment, 
                                wiring, or other components necessary 
                                for the installation and use of the 
                                solar photovoltaic system, including a 
                                battery storage system;
                                    ``(II) electric vehicle charging 
                                infrastructure or electric vehicle 
                                support equipment necessary to recharge 
                                an electric vehicle on-site; or
                                    ``(III) electrical rewiring, power 
                                sharing plugs, or other installation 
                                tasks directly related to and necessary 
                                for the safe and effective functioning 
                                of a QEP in a home or multifamily 
                                building.
                    ``(B) Home or multifamily building described.--A 
                home or multifamily building referred to in 
                subparagraph (A)(ii) is a home or multifamily building 
                that is certified, or the household of the homeowner of 
                which is certified, as applicable, as low- or moderate-
                income.
                    ``(C) Exclusions.--The terms `qualified 
                electrification project' and `QEP' do not include any 
                project with respect to which the appliance, system, 
                equipment, infrastructure, component, or other item 
                described in clause (i) or (ii) of subparagraph (A) is 
                not certified under the Energy Star program if, as of 
                the date on which the project is carried out, the item 
                is of a category for which a certification is provided 
                under that program.
            ``(12) Qualified provider.--The term `qualified provider' 
        means an electric utility, Tribal-owned entity or Tribally 
        Designated Housing Entity (TDHE), or commercial, nonprofit, or 
        government entity, including a retailer and a certified 
        contractor company, that provides services for which a rebate 
        may be provided pursuant to this section for 1 or more 
        portfolios that consist of 1 or more qualified electrification 
        projects.
            ``(13) Solar photovoltaic system.--The term `solar 
        photovoltaic system' means a system--
                    ``(A) placed on-site at a home or multifamily 
                building, or as part of the community of the home or 
                multifamily building; and
                    ``(B) that generates electricity from the sun 
                specifically for the home, multifamily building, or 
                community.
            ``(14) Tribal community.--The term `Tribal community' means 
        a Tribal tract or Tribal block group.
            ``(15) Underserved community.--The term `underserved 
        community' means a community located in a census tract that is 
        identified by the Secretary as--
                    ``(A) a low- or moderate-income community; or
                    ``(B) a community of racial or ethnic minority 
                concentration.''.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 2005 
        (Public Law 109-58; 119 Stat. 594) is amended by striking the 
        item relating to section 124 and inserting the following:

``Sec. 124. High-Efficiency Electric Home Rebate Program.''.
            (2) Section 3201(c)(2)(A)(i) of the Energy Act of 2020 (42 
        U.S.C. 17232(c)(2)(A)(i)) is amended by striking ``(a)'' each 
        place it appears.

               PART 3--BUILDING EFFICIENCY AND RESILIENCE

SEC. 30431. WEATHERIZATION ASSISTANCE PROGRAM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Energy for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $3,500,000,000, 
to remain available until September 30, 2031, to carry out activities 
under part A of title IV of the Energy Conservation and Production Act 
(42 U.S.C. 6861 through 6872).
    (b) Financial Assistance for WAP Enhancement and Innovation.--
Notwithstanding subsections (j) and (k) of section 414D of the Energy 
Conservation and Production Act (42 U.S.C. 6864d(j) and (k)), the 
Secretary shall use $850,000,000 of the amount made available under 
subsection (a) of this section to award financial assistance under such 
section 414D, including financial assistance to implement measures to 
make dwelling units that are occupied by low-income persons 
weatherization-ready.
    (c) Average Cost Per Dwelling Unit.--Section 415(c) of the Energy 
Conservation and Production Act (42 U.S.C. 6865(c)) is amended--
            (1) in paragraph (1), by striking ``$6,500'' and inserting 
        ``$12,000''; and
            (2) in paragraph (4), by striking ``$3,000'' and inserting 
        ``$6,000''.

SEC. 30432. CRITICAL FACILITY MODERNIZATION.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$3,200,000,000, to remain available until September 30, 2031, to carry 
out a program under which the Secretary of Energy provides funds to 
States to be used in accordance with subsection (c).
    (b) Allocation of Funds.--The Secretary of Energy shall allocate 
funds made available under subsection (a) to States in accordance with 
the formula used to allocate Federal financial assistance granted 
pursuant to section 363 of the Energy Policy and Conservation Act (42 
U.S.C. 6323) (as of January 1, 2021), except that no matching 
requirement shall apply.
    (c) Use of Funds.--
            (1) In general.--A State that receives funds under this 
        section shall use such funds to--
                    (A) provide technical assistance for carrying out a 
                covered project;
                    (B) facilitate carrying out a covered project, 
                including by providing a grant, loan, or other 
                financial assistance to another entity;
                    (C) carry out a covered project; or
                    (D) pay for any administrative expenses related to 
                any activity described in subparagraphs (A) through 
                (C).
            (2) Limit on technical assistance.--A State that receives 
        funds under this section may not use more than 10 percent of 
        such funds to provide technical assistance under paragraph 
        (1)(A) related to the development, facilitation, management, 
        oversight, or measurement of results of covered projects.
    (d) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        building project at an eligible facility that--
                    (A) increases--
                            (i) the resiliency of an eligible facility, 
                        which includes--
                                    (I) making improvements to public 
                                health and safety;
                                    (II) mitigating power outages;
                                    (III) hardening against natural 
                                disasters;
                                    (IV) improving indoor air quality; 
                                and
                                    (V) making any modifications 
                                necessitated by the COVID-19 pandemic;
                            (ii) energy efficiency;
                            (iii) the use of renewable energy; or
                            (iv) grid integration; and
                    (B) may include a combined heat and power, 
                microgrid, or energy storage component.
            (2) Eligible facility.--The term ``eligible facility'' 
        means any public or nonprofit building, as determined by the 
        Secretary, including--
                    (A) a public school, including an elementary school 
                and a secondary school;
                    (B) a facility used to operate an early childhood 
                education program;
                    (C) the facilities of a local educational agency;
                    (D) a medical facility;
                    (E) a local or State government building;
                    (F) a community facility;
                    (G) a public safety facility;
                    (H) a day care center;
                    (I) an institution of higher education;
                    (J) a public library; and
                    (K) a wastewater treatment facility.
            (3) Public or nonprofit building.--The term ``public or 
        nonprofit building'' means a public or nonprofit building 
        described in section 362(d)(5)(B) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6322(d)(5)(B)).
            (4) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Energy Policy and Conservation Act (42 
        U.S.C. 6202).

SEC. 30433. ASSISTANCE FOR LATEST AND ZERO BUILDING ENERGY CODE 
              ADOPTION.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$300,000,000, to remain available until September 30, 2031, to carry 
out activities under part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 through 6326), of which--
            (1) $100,000,000, shall be for grants to assist States, and 
        units of local government that have authority to adopt building 
        codes, to--
                    (A) adopt--
                            (i) a building energy code (or codes) for 
                        residential buildings that meets or exceeds the 
                        2021 International Energy Conservation Code, or 
                        achieves equivalent or greater energy savings;
                            (ii) a building energy code (or codes) for 
                        commercial buildings that meets or exceeds the 
                        ANSI/ASHRAE/IES Standard 90.1-2019, or achieves 
                        equivalent or greater energy savings; or
                            (iii) any combination of building energy 
                        codes described in clause (i) or (ii); and
                    (B) implement a plan for the jurisdiction to 
                achieve full compliance with any building energy code 
                adopted under subparagraph (A) in new and renovated 
                residential or commercial buildings, as applicable, 
                which plan shall include active training and 
                enforcement programs and measurement of the rate of 
                compliance each year; and
            (2) $200,000,000, shall be for grants to assist States, and 
        units of local government that have authority to adopt building 
        codes, to--
                    (A) adopt a building energy code (or codes) for 
                residential and commercial buildings that meets or 
                exceeds the zero energy provisions in the 2021 
                International Energy Conservation Code or an equivalent 
                stretch code; and
                    (B) implement a plan for the jurisdiction to 
                achieve full compliance with any building energy code 
                adopted under subparagraph (A) in new and renovated 
                residential and commercial buildings, which plan shall 
                include active training and enforcement programs and 
                measurement of the rate of compliance each year.
    (b) State Match.--The State cost share requirement under the item 
relating to ``Department of Energy--Energy Conservation'' in title II 
of the Department of the Interior and Related Agencies Appropriations 
Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861) shall not apply to 
assistance provided under this section.
    (c) Administrative Costs.--Of the amounts made available under this 
section, the Secretary shall reserve 5 percent for administrative costs 
necessary to carry out this section.

         PART 4--ZERO EMISSIONS VEHICLE INFRASTRUCTURE BUILDOUT

SEC. 30441. DEFINITIONS.

    In this part:
            (1) Electric vehicle.--The term ``electric vehicle'' means 
        a vehicle that derives all or part of its power from 
        electricity.
            (2) Electric vehicle supply equipment.--The term ``electric 
        vehicle supply equipment'' means any conductors, including 
        ungrounded, grounded, and equipment grounding conductors, 
        electric vehicle connectors, attachment plugs, and all other 
        fittings, devices, power outlets, electrical equipment, off-
        grid charging installations, or apparatuses installed 
        specifically for the purpose of delivering energy to an 
        electric vehicle or to a battery intended to be used in an 
        electric vehicle.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 30442. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $2,000,000,000, to 
remain available until expended (except that no funds shall be 
disbursed after September 30, 2031), to establish and carry out a 
rebate program to provide rebates to eligible entities for covered 
expenses associated with electric vehicle supply equipment located at 
workplaces, multi-unit housing structures, and publicly accessible 
locations.
    (b) Rebate Program Requirements.--
            (1) Eligible equipment and locations.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                publish and maintain on the Department of Energy 
                internet website a list of electric vehicle supply 
                equipment that is eligible for the rebate program. Such 
                list may include technical specifications and 
                requirements for such electric vehicle supply equipment 
                to enhance safety, cybersecurity, performance, 
                accessibility, and alignment with relevant codes and 
                standards, as determined appropriate by the Secretary.
                    (B) Location requirement.--An eligible entity may 
                receive a rebate under the rebate program only if the 
                electric vehicle supply equipment included on the list 
                published under subparagraph (A) is installed--
                            (i) in the United States;
                            (ii) on property--
                                    (I) owned by the eligible entity; 
                                or
                                    (II) on which the eligible entity 
                                has authority to install electric 
                                vehicle supply equipment; and
                            (iii) at a location that is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace, and available to 
                                employees of such workplace or 
                                employees of a nearby workplace; or
                                    (III) publicly accessible, 
                                including a publicly accessible 
                                commercial location.
                    (C) Public accessibility.--For electric vehicle 
                supply equipment not located at a multi-unit housing 
                structure or a workplace, an eligible entity may 
                receive a rebate under the rebate program only if the 
                installed electric vehicle supply equipment is--
                            (i) publicly accessible for a minimum of 12 
                        hours per day at least 5 days per week; and
                            (ii) networked or otherwise capable of 
                        being monitored remotely.
            (2) Application.--In order to receive a rebate under the 
        rebate program, an eligible entity shall submit to the 
        Secretary an application. Such application shall include--
                    (A) the estimated cost of covered expenses to be 
                expended on the electric vehicle supply equipment that 
                is eligible under paragraph (1);
                    (B) the estimated installation cost of the electric 
                vehicle supply equipment that is eligible under 
                paragraph (1);
                    (C) the global positioning system location, 
                including the integer number of degrees, minutes, and 
                seconds, of where such electric vehicle supply 
                equipment is to be installed, and identification of 
                whether such location is--
                            (i) a multi-unit housing structure;
                            (ii) a workplace; or
                            (iii) publicly accessible, including a 
                        publicly accessible commercial location, in 
                        accordance with paragraph (1)(C);
                    (D) the technical specifications of such electric 
                vehicle supply equipment, including the maximum power 
                voltage and amperage of such equipment;
                    (E) an assessment of the electrical capacity at the 
                location where such electric vehicle supply equipment 
                is to be installed, and, as necessary, proof of 
                communication with the electric utility that will serve 
                the electric vehicle supply equipment to be installed; 
                and
                    (F) any other information determined by the 
                Secretary to be necessary for a complete application.
            (3) Funding set-asides.--Each fiscal year, the Secretary 
        may set aside an amount of funding under the rebate program to 
        ensure, to the extent possible given the applications meeting 
        the requirements of the rebate program submitted, rebates are 
        distributed--
                    (A) to individuals and small businesses, as 
                determined by the Secretary; and
                    (B) for electric vehicle supply equipment--
                            (i) located in rural communities, as 
                        determined by the Secretary; and
                            (ii) located in low-income and 
                        disadvantaged communities, as determined by the 
                        Secretary.
            (4) Rebate amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amount of a rebate made under the rebate 
                program for new electric vehicle supply equipment at a 
                location shall be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $1,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $4,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $100,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
                    (B) Rebate amount for replacement equipment.--The 
                amount of a rebate made under the rebate program for 
                replacement of pre-existing electric vehicle supply 
                equipment of similar specifications at a location shall 
                be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $500 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $2,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $35,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
            (5) Disbursement of rebate.--
                    (A) Materials required for disbursement of 
                rebate.--Before a rebate may be disbursed to an 
                eligible entity, such eligible entity shall submit to 
                the Secretary--
                            (i) a record of payment for covered 
                        expenses expended on the installation of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (1);
                            (ii) a record of payment for the electric 
                        vehicle supply equipment that is eligible under 
                        paragraph (1);
                            (iii) the global positioning system 
                        location, including the integer number of 
                        degrees, minutes, and seconds, of where such 
                        electric vehicle supply equipment was installed 
                        and identification of whether such location 
                        is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace; or
                                    (III) publicly accessible, 
                                including a publicly accessible 
                                commercial location, in accordance with 
                                paragraph (1)(C);
                            (iv) the technical specifications of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (1), including the 
                        maximum power voltage and amperage of such 
                        equipment; and
                            (v) any other information determined by the 
                        Secretary to be necessary.
                    (B) Agreement to maintain.--To be eligible for a 
                rebate under the rebate program, an eligible entity 
                shall enter into an agreement with the Secretary to 
                maintain the electric vehicle supply equipment that is 
                eligible under paragraph (1) in a satisfactory manner, 
                and at the location stated in the application or in the 
                materials submitted under subparagraph (A), as 
                applicable, for not fewer than 5 years after the date 
                on which the eligible entity receives the rebate under 
                the rebate program.
                    (C) Exception.--The Secretary may decline to 
                disburse a rebate under the rebate program if materials 
                submitted under subparagraph (A) vary significantly, as 
                determined by the Secretary, from the global 
                positioning system location and technical 
                specifications for the electric vehicle supply 
                equipment that is eligible under paragraph (1) provided 
                in an application under paragraph (2).
            (6) Multi-port chargers.--An eligible entity shall be 
        awarded a rebate under the rebate program for covered expenses 
        relating to the purchase and installation of a multi-port 
        charger based on the number of publicly accessible charging 
        ports, with each subsequent port after the first port being 
        eligible for 75 percent of the full rebate amount.
            (7) Hydrogen fuel cell refueling equipment.--Hydrogen fuel 
        cell refueling equipment shall be eligible for a rebate under 
        the rebate program as though it were networked direct current 
        fast charging equipment, and all applicable requirements 
        related to such equipment shall apply.
            (8) Networked direct current fast charging.--Of amounts 
        appropriated to carry out the rebate program, not more than 40 
        percent may be used for rebates of networked direct current 
        fast charging equipment or hydrogen fuel cell refueling 
        equipment.
    (c) Definitions.--In this section:
            (1) Covered expenses.--The term ``covered expenses'' means 
        an expense that is associated with the purchase and 
        installation of electric vehicle supply equipment, including--
                    (A) the cost of electric vehicle supply equipment;
                    (B) labor costs associated with the installation of 
                such electric vehicle supply equipment;
                    (C) material costs associated with the installation 
                of such electric vehicle supply equipment, including 
                expenses borne by rebate recipients for electrical 
                equipment and necessary upgrades or modifications to 
                the electrical grid and associated infrastructure 
                required for the installation of such electric vehicle 
                supply equipment;
                    (D) permit costs associated with the installation 
                of such electric vehicle supply equipment; and
                    (E) the cost of an on-site energy storage system 
                that supports electrical load balancing or otherwise 
                improves the performance of such electric vehicle 
                supply equipment.
            (2) Eligible entity.--The term ``eligible entity'' means an 
        individual, a State, local, Tribal, or Territorial government, 
        a private entity, a not-for-profit entity, a nonprofit entity, 
        or a metropolitan planning organization.
            (3) Level 2 charging equipment.--The term ``level 2 
        charging equipment'' means electric vehicle supply equipment 
        that provides an alternating current power source at a minimum 
        of 208 volts.
            (4) Multi-port charger.--The term ``multi-port charger'' 
        means electric vehicle charging unit capable of charging more 
        than one electric vehicle simultaneously.
            (5) Networked direct current fast charging equipment.--The 
        term ``networked direct current fast charging equipment'' means 
        electric vehicle supply equipment that is capable of providing 
        a direct current power source at a minimum of 50 kilowatts and 
        is enabled to connect to a network to facilitate data 
        collection and access.
            (6) Rebate program.--The term ``rebate program'' means the 
        rebate program established under subsection (a).

SEC. 30443. ELECTRIC VEHICLE CHARGING EQUITY PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $1,000,000,000, to 
remain available until September 30, 2031 (except that no funds shall 
be disbursed after September 30, 2031), to carry out this section.
    (b) Program.--The Secretary shall use amounts made available under 
subsection (a) to establish and carry out a program, to be known as the 
EV Charging Equity Program, to--
            (1) provide technical assistance to eligible entities 
        described in subsection (f);
            (2) award grants on a competitive basis to eligible 
        entities described in subsection (f) for projects that increase 
        deployment and accessibility of electric vehicle supply 
        equipment in underserved or disadvantaged communities, 
        including projects that are--
                    (A) publicly accessible;
                    (B) located within or are easily accessible to 
                residents of--
                            (i) public or affordable housing;
                            (ii) multi-unit dwellings; or
                            (iii) single-family homes; and
                    (C) located within or easily accessible to places 
                of work, provided that such electric vehicle supply 
                equipment is accessible no fewer than 5 days per week; 
                and
            (3) provide education and outreach regarding the EV 
        Charging Equity Program and the benefits and opportunities for 
        electric vehicle charging to individuals and relevant entities 
        that live within or serve underserved or disadvantaged 
        communities, including by providing--
                    (A) an electric vehicle charging resource guide 
                that is maintained electronically on a website, is 
                public, and is directed towards individuals and 
                relevant entities that live within or serve underserved 
                or disadvantaged communities;
                    (B) targeted outreach towards, and coordinated 
                public outreach with, relevant local, State, and Tribal 
                entities, nonprofit organizations, and institutions of 
                higher education, that are located within or serve 
                underserved or disadvantaged communities; and
                    (C) any other form of education or outreach as the 
                Secretary determines appropriate.
    (c) Cost Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        amount of a grant awarded under this section for a project 
        shall not exceed 80 percent of project costs.
            (2) Single-family homes.--The amount of a grant awarded 
        under this section for a project that involves, as a primary 
        focus, single-family homes shall not exceed 60 percent of 
        project costs.
    (d) Priority.--In awarding grants and providing technical 
assistance under this section, the Secretary shall give priority to 
projects that--
            (1) provide the greatest benefit to the greatest number of 
        people within an underserved or disadvantaged community;
            (2) incorporate renewable energy resources;
            (3) maximize local job creation, particularly among low-
        income, women, and minority workers; or
            (4) utilize or involve locally owned small and 
        disadvantaged businesses, including women and minority-owned 
        businesses.
    (e) Limitation.--Not more than 15 percent of the amount awarded for 
grants under this section in a fiscal year shall be awarded for 
projects that involve, as a primary focus, single-family homes.
    (f) Eligible Entities.--
            (1) In general.--To be eligible for a grant or technical 
        assistance under the EV Charging Equity Program, an entity 
        shall be--
                    (A) an individual or household that is the owner of 
                where a project will be carried out;
                    (B) a State, local, Tribal, or Territorial 
                government, or an agency or department thereof;
                    (C) an electric utility, including--
                            (i) a municipally owned electric utility;
                            (ii) a publicly owned electric utility;
                            (iii) an investor-owned utility; and
                            (iv) a rural electric cooperative;
                    (D) a nonprofit organization or institution;
                    (E) a public housing authority;
                    (F) an institution of higher education, as 
                determined by the Secretary;
                    (G) an entity that utilizes or involves locally 
                owned small and disadvantaged businesses, including 
                women and minority-owned businesses; or
                    (H) a partnership between any number of eligible 
                entities described in subparagraphs (A) through (G).
            (2) Updates.--The Secretary may add to or otherwise revise 
        the list of eligible entities as the Secretary determines 
        necessary.
    (g) Definitions.--In this section:
            (1) Publicly accessible.--The term ``publicly accessible'' 
        means, with respect to electric vehicle supply equipment, 
        electric vehicle supply equipment that is available, at zero or 
        reasonable cost, to members of the public for the purpose of 
        charging a privately owned or leased electric vehicle, or 
        electric vehicle that is available for use by members of the 
        general public as part of a ride service or vehicle sharing 
        service or program, including within or around--
                    (A) public sidewalks and streets;
                    (B) public parks;
                    (C) public buildings, including--
                            (i) libraries;
                            (ii) schools; and
                            (iii) government offices;
                    (D) public parking;
                    (E) shopping centers; and
                    (F) commuter transit hubs.
            (2) Underserved or disadvantaged community.--The term 
        ``underserved or disadvantaged community'' means a community or 
        geographic area that is identified as--
                    (A) a low-income community;
                    (B) a Tribal community;
                    (C) having a disproportionately low number of 
                electric vehicle charging stations per capita, compared 
                to similar areas; or
                    (D) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, environmental, and climate stressors.

SEC. 30444. STATE ENERGY PLANS.

    (a) Appropriation.--Section 365(f) of the Energy Policy and 
Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows:
    ``(f) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $500,000,000, to 
remain available until September 30, 2031 (except that no funds shall 
be disbursed after September 30, 2031), to carry out section 367.''.
    (b) State Energy Transportation Plans.--
            (1) In general.--The Energy Policy and Conservation Act is 
        amended by adding after section 366 (42 U.S.C. 6326) the 
        following:

``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.

    ``(a) In General.--The Secretary may provide financial assistance 
and technical assistance to a State to develop a State energy 
transportation plan, for inclusion in a State energy conservation plan 
under section 362(d), to promote the electrification of the 
transportation system, reduced consumption of fossil fuels, and reduced 
energy demand.
    ``(b) Development.--A State developing a State energy 
transportation plan under this section shall carry out this activity 
through the State energy office that is responsible for developing the 
State energy conservation plan under section 362.
    ``(c) Contents.--A State developing a State energy transportation 
plan under this section shall include in such plan a plan to--
            ``(1) deploy a network of electric vehicle supply equipment 
        to ensure access to electricity for electric vehicles, 
        including commercial vehicles, to an extent that such electric 
        vehicles can travel throughout the State without running out of 
        a charge; and
            ``(2) promote modernization of the electric grid, including 
        through the use of renewable energy sources to power the 
        electric grid, to accommodate demand for power to operate 
        electric vehicle supply equipment and to utilize energy storage 
        capacity provided by electric vehicles, including commercial 
        vehicles.
    ``(d) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary shall provide information and technical assistance 
in the development, implementation, or revision of a State energy 
transportation plan.
    ``(e) Electric Vehicle Supply Equipment Defined.--For purposes of 
this section, the term `electric vehicle supply equipment' means any 
conductors, including ungrounded, grounded, and equipment grounding 
conductors, electric vehicle connectors, attachment plugs, and all 
other fittings, devices, power outlets, electrical equipment, off-grid 
charging installations, or apparatuses installed specifically for the 
purpose of delivering energy to an electric vehicle or to a battery 
intended to be used in an electric vehicle.''.
            (2) Conforming amendment.--The table of contents for part D 
        of title III of the Energy Policy and Conservation Act is 
        amended by adding at the end the following:

``Sec. 367. State energy transportation plans.''.
    (c) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
            (1) in paragraph (16), by striking ``; and'' and inserting 
        a semicolon;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) a State energy transportation plan developed in 
        accordance with section 367; and''.

SEC. 30445. TRANSPORTATION ELECTRIFICATION.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, to remain available 
until September 30, 2031 (except that no funds shall be disbursed after 
September 30, 2031)--
            (1) $4,000,000,000 for grants under section 131(b) of the 
        Energy Independence and Security Act of 2007 (42 U.S.C. 
        17011(b)); and
            (2) $6,000,000,000 for grants under subsection (b) of this 
        section.
    (b) Use of Funds.--The Secretary may use amounts made available 
under subsection (a)(2) of this section to--
            (1) provide grants under subsection (c) of section 131 of 
        the Energy Independence and Security Act of 2007 (42 U.S.C. 
        17011) for the conduct of qualified electric transportation 
        projects (as defined in such section 131); and
            (2) provide grants in accordance with section 131(c) of 
        such Act for the conduct of any of the following projects:
                    (A) Installation of electric vehicle supply 
                equipment for recharging plug-in electric drive 
                vehicles, including such equipment that is accessible 
                in rural and urban areas and in underserved or 
                disadvantaged communities and such equipment for 
                medium- and heavy-duty vehicles, including at depots 
                and in-route locations.
                    (B) Multi-use charging hubs used for multiple forms 
                of transportation.
                    (C) Medium- and heavy-duty vehicle smart charging 
                management and refueling.
                    (D) Battery recycling and secondary use, including 
                for medium- and heavy-duty vehicles.
                    (E) Shipside or shoreside electrification for 
                ground support equipment at ports.
                    (F) Electric airport ground support vehicles.
                    (G) Sharing of best practices, and technical 
                assistance provided by the Department of Energy to 
                public utilities commissions and utilities, for medium- 
                and heavy-duty vehicle electrification.
    (c) Priority.--In making grants under section 131(b) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17011(b)) using 
amounts made available under subsection (a)(1) of this section, in 
addition to the priority considerations described in paragraph (3) of 
such section 131(b), the Secretary shall give priority consideration to 
applications that are likely to make a significant contribution to the 
advancement of the production of the components and charging equipment 
for the vehicles described in paragraph (1) of such section 131(b) in 
the United States.

                  PART 5--DOE LOAN AND GRANT PROGRAMS

SEC. 30451. FUNDING FOR DEPARTMENT OF ENERGY LOAN PROGRAMS OFFICE.

    (a) Commitment Authority.--In addition to commitment authority 
otherwise available and previously provided, the Secretary of Energy 
may make commitments to guarantee loans for eligible projects under 
section 1703 of the Energy Policy Act of 2005 up to a total principal 
amount of $30,000,000,000, to remain available until September 30, 
2031, except that no commitments shall be made using the authority 
provided by this section after September 30, 2031: Provided, That for 
amounts collected pursuant to section 1702(b)(2) of the Energy Policy 
Act of 2005, the source of such payment received from borrowers may not 
be a loan or other debt obligation that is guaranteed by the Federal 
Government: Provided further, That none of the loan guarantee authority 
made available by this section shall be available for any project 
unless the Director of the Office of Management and Budget has 
certified in advance in writing that the loan guarantee and the project 
comply with the provisions under this section: Provided further, That 
none of such loan guarantee authority made available by this section 
shall be available for commitments to guarantee loans for any projects 
where funds, personnel, or property (tangible or intangible) of any 
Federal agency, instrumentality, personnel, or affiliated entity are 
expected to be used (directly or indirectly) through acquisitions, 
contracts, demonstrations, exchanges, grants, incentives, leases, 
procurements, sales, other transaction authority, or other 
arrangements, to support the project or to obtain goods or services 
from the project: Provided further, That the previous proviso shall not 
be interpreted as precluding the use of the loan guarantee authority 
provided by this section for commitments to guarantee loans for--
            (1) projects as a result of such projects benefitting from 
        otherwise allowable Federal tax benefits;
            (2) projects as a result of such projects benefitting from 
        being located on Federal land pursuant to a lease or right-of-
        way agreement for which all consideration for all uses is--
                    (A) paid exclusively in cash;
                    (B) deposited in the Treasury as offsetting 
                receipts; and
                    (C) equal to the fair market value as determined by 
                the head of the relevant Federal agency;
            (3) projects as a result of such projects benefitting from 
        Federal insurance programs; or
            (4) electric generation projects using transmission 
        facilities owned or operated by a Federal Power Marketing 
        Administration or the Tennessee Valley Authority that have been 
        authorized, approved, and financed independent of the project 
        receiving the guarantee.
    (b) Appropriation.--In addition to amounts otherwise available and 
previously provided, there is appropriated to the Secretary of Energy 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $700,000,000, to remain available until expended (except 
that no funds shall be disbursed after September 30, 2031), for the 
costs of guarantees made under section 1703 of the Energy Policy Act of 
2005, using the loan guarantee authority provided under subsection (a) 
of this section, for renewable or energy efficient systems and 
manufacturing, and distributed energy generation, transmission, and 
distribution.
    (c) Administrative Expenses.--Of the amount made available under 
subsection (b), the Secretary of Energy shall reserve 3 percent for 
administrative expenses to carry out title XVII of the Energy Policy 
Act of 2005 and for carrying out section 1702(h)(3) of such Act.

SEC. 30452. ADVANCED TECHNOLOGY VEHICLE MANUFACTURING.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$3,000,000,000, to remain available until expended (except that no 
funds shall be disbursed after September 30, 2031), for the costs of--
            (1) providing direct loans under subsection (d) of section 
        136 of the Energy Independence and Security Act of 2007 (42 
        U.S.C. 17013); and
            (2) providing direct loans in accordance with such section 
        136, for reequipping, expanding, or establishing a 
        manufacturing facility in the United States to produce, or for 
        engineering integration performed in the United States of, any 
        of the following that emit, under any possible operational mode 
        or condition, zero exhaust emissions of any greenhouse gas:
                    (A) A medium duty vehicle or a heavy duty vehicle.
                    (B) A train or locomotive.
                    (C) A maritime vessel.
                    (D) An aircraft.
                    (E) Hyperloop technology.
    (b) Administrative Costs.--The Secretary shall reserve $12,000,000 
of amounts made available under subsection (a) for administrative costs 
of providing loans as described in subsection (a).
    (c) Elimination of Loan Program Cap.--Section 136(d)(1) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)(1)) is 
amended by striking ``a total of not more than $25,000,000,000 in''.

SEC. 30453. DOMESTIC MANUFACTURING CONVERSION GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$1,000,000,000, to remain available until expended (except that no 
funds shall be disbursed after September 30, 2031), for grants relating 
to domestic production of zero-emission vehicles under section 712 of 
the Energy Policy Act of 2005 (42 U.S.C. 16062).
    (b) Administrative Costs.--The Secretary shall reserve 2 percent of 
amounts made available under subsection (a) for administrative costs of 
making grants described in such subsection (a) pursuant to section 712 
of the Energy Policy Act of 2005 (42 U.S.C. 16062).

SEC. 30454. ENERGY COMMUNITY REINVESTMENT FINANCING.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $2,000,000,000, to 
remain available until expended (except that no funds shall be 
disbursed after September 30, 2031), for the cost of providing 
financial support under section 1706 of the Energy Policy Act of 2005.
    (b) Amendment.--Title XVII of the Energy Policy Act of 2005 (42 
U.S.C. 16511 et seq.) is amended by adding at the end the following:

``SEC. 1706. ENERGY COMMUNITY REINVESTMENT FINANCING PROGRAM.

    ``(a) Establishment.--Notwithstanding section 1702(f) and section 
1703, and not later than 180 days after the date of enactment of this 
section, the Secretary shall establish a program to provide financial 
support, in such form and on such terms and conditions as the Secretary 
determines appropriate, to eligible entities for the purpose of 
enabling low-carbon reinvestments in energy communities, which such 
reinvestments may include--
            ``(1) supporting workers who are or have been engaged in 
        providing, or have been affected by the provision of, energy-
        intensive goods or services by helping such workers find 
        employment opportunities, including by providing training and 
        education;
            ``(2) redeveloping a community that is or was engaged in 
        providing, or has been affected by the provision of, energy-
        intensive goods or services;
            ``(3) accelerating remediation of environmental damage 
        caused by the provision of energy-intensive goods or services; 
        and
            ``(4) mitigating the effects on customers of any 
        significant reduction in the carbon intensity of goods or 
        services provided by the eligible entity, including by the 
        cost-effective abatement of greenhouse gas emissions from 
        continuing operations and the repowering, retooling, 
        repurposing, redeveloping, or remediating of any long-lived 
        assets, lands, or infrastructure currently or previously used 
        by the eligible entity primarily to support the provision of 
        energy-intensive goods or services.
    ``(b) Application Requirement.--To apply for financial support 
provided under this section, an eligible entity shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as the Secretary may require, which such application 
shall include--
            ``(1) a detailed plan describing the activities to be 
        carried out in accordance with subsection (a), including 
        activities for the measurement, monitoring, and verification of 
        emissions of greenhouse gases; and
            ``(2) if the eligible entity is a utility subject to 
        regulation by a State commission or other State regulatory 
        authority, assurances, as determined appropriate by the 
        Secretary, that such eligible entity shall pass through any 
        financial benefit from the provision of any financial support 
        under this section to its customers or energy communities.
    ``(c) Other Requirements.--
            ``(1) Fees.--Notwithstanding section 1702(h)(1), the 
        Secretary shall charge and collect a fee from each eligible 
        entity that received financial support provided under this 
        section in an amount the Secretary determines sufficient to 
        cover applicable administrative expenses (including any costs 
        associated with third party consultants engaged by the 
        Secretary).
            ``(2) Use of appropriated funds.--Any cost for any 
        financial support provided under this section shall be paid by 
        the Secretary using appropriated funds.
            ``(3) Application of other law.--Section 20320(a) of 
        division B of Public Law 109-289 (42 U.S.C. 16515(a)) shall not 
        apply to this section.
    ``(d) Definitions.--In this section:
            ``(1) Cost; direct loan.--The terms `cost' and `direct 
        loan' have the meanings given such terms in section 502 of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
            ``(2) Eligible entity.--The term `eligible entity' means 
        any entity that is directly affiliated with the provision of 
        energy-intensive goods or services.
            ``(3) Energy community.--The term `energy community' means 
        a community whose members are or were engaged in providing, or 
        have been affected by the provision of, energy-intensive goods 
        and services.
            ``(4) Financial support.--The term `financial support' 
        means any credit product or support the Secretary determines 
        appropriate to implement this section, including--
                    ``(A) a direct loan;
                    ``(B) a line of credit; and
                    ``(C) a guarantee, including of a letter of credit 
                for the purposes of subsection (a)(3).
            ``(5) Guarantee.--The term `guarantee' has the meaning 
        given such term in section 1701.''.

                     PART 6--ELECTRIC TRANSMISSION

SEC. 30461. TRANSMISSION LINE AND INTERTIE GRANTS AND LOANS.

    (a) Appropriation.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary of Energy for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $8,000,000,000, to remain available 
        until September 30, 2031 (except that no funds shall be 
        disbursed after September 30, 2031), for purposes of providing 
        grants and direct loans under subsection (b), and for 
        administrative expenses associated with carrying out this 
        section: Provided, That none of such loan authority made 
        available by this section shall be available for loans for any 
        projects where funds, personnel, or property (tangible or 
        intangible) of any Federal agency, instrumentality, personnel, 
        or affiliated entity are expected to be used (directly or 
        indirectly) through acquisitions, contracts, demonstrations, 
        exchanges, grants, incentives, leases, procurements, sales, 
        other transaction authority, or other arrangements to support 
        the project or to obtain goods or services from the project: 
        Provided further, That the previous proviso shall not be 
        interpreted as precluding the use of the loan authority 
        provided by this section for commitments to loans for: (1) 
        projects benefitting from otherwise allowable Federal tax 
        benefits; (2) projects benefitting from being located on 
        Federal land pursuant to a lease or right-of-way agreement for 
        which all consideration for all uses is: (A) paid exclusively 
        in cash; (B) deposited in the Treasury as offsetting receipts; 
        and (C) equal to the fair market value as determined by the 
        head of the relevant Federal agency; (3) projects benefitting 
        from Federal insurance programs; or (4) electric generation 
        projects using transmission facilities owned or operated by a 
        Federal Power Marketing Administration or the Tennessee Valley 
        Authority that have been authorized, approved, and financed 
        independent of the project receiving the guarantee: Provided 
        further, That none of the loan authority made available by this 
        section shall be available for any project unless the Director 
        of the Office of Management and Budget has certified in advance 
        in writing that the loan and the project comply with the 
        provisions under this section.
            (2) Limit.--Not more than $1,000,000,000 of the amount 
        appropriated under paragraph (1) may be used to pay for the 
        costs of providing direct loans under subsection (b).
    (b) In General.--Except as provided in subsection (c), the 
Secretary of Energy may provide grants and direct loans to eligible 
entities to construct new, or make upgrades to existing, eligible 
transmission lines or eligible interties, including the related 
facilities thereof, if the Secretary of Energy determines that such 
construction or upgrade would support--
            (1) a more robust and resilient electric grid; and
            (2) the integration of electricity from a clean energy 
        facility into the electric grid.
    (c) Other Requirements.--
            (1) Interest rates.--The Secretary of Energy shall 
        determine the rate of interest to charge on direct loans 
        provided under subsection (b) by taking into consideration 
        market yields on outstanding marketable obligations of the 
        United States of comparable maturities as of the date the loan 
        is disbursed.
            (2) Terms and conditions.--In providing direct loans under 
        subsection (b), the Secretary may require such terms and 
        conditions the Secretary determines appropriate.
            (3) Recovery of costs for grants.--A grant provided under 
        this section may not be used to construct new, or make upgrades 
        to existing, eligible transmission lines or eligible interties 
        if the costs for such construction or upgrade are approved for 
        recovery through a Transmission Organization (as defined in 
        section 3 of the Federal Power Act (16 U.S.C. 796)).
    (d) Definitions.--In this section:
            (1) Clean energy facility.--The term ``clean energy 
        facility'' means any electric generating unit that does not 
        emit carbon dioxide.
            (2) Direct loan.--The term ``direct loan'' means a 
        disbursement of funds by the Government to a non-Federal 
        borrower under a contract that requires the repayment of such 
        funds with or without interest. The term includes the purchase 
        of, or participation in, a loan made by another lender and 
        financing arrangements that defer payment for more than 90 
        days, including the sale of a government asset on credit terms.
            (3) Eligible entity.--The term ``eligible entity'' means a 
        non-Federal entity.
            (4) Eligible intertie.--The term ``eligible intertie'' 
        means--
                    (A) any interties across the seam between the 
                Western Interconnection and the Eastern 
                Interconnection;
                    (B) the Pacific Northwest-Pacific Southwest 
                Intertie;
                    (C) any interties between the Electric Reliability 
                Council of Texas and the Western Interconnection or the 
                Eastern Interconnection; or
                    (D) such other interties that the Secretary 
                determines contribute to--
                            (i) a more robust and resilient electric 
                        grid; and
                            (ii) the integration of electricity from a 
                        clean energy facility into the electric grid.
            (5) Eligible transmission line.--The term ``eligible 
        transmission line'' means an electric power transmission line 
        that--
                    (A) in the case of new construction under 
                subsection (b), has a transmitting capacity of not less 
                than 1,000 megawatts;
                    (B) in the case of an upgrade made under subsection 
                (b), the upgrade to which will increase its 
                transmitting capacity by not less than 500 megawatts; 
                and
                    (C) is capable of transmitting electricity--
                            (i) across any eligible intertie;
                            (ii) from an offshore wind generating 
                        facility; or
                            (iii) along a route, or in a corridor, 
                        determined by the Secretary of Energy to be 
                        necessary to meet interregional or national 
                        electricity transmission needs.

SEC. 30462. GRANTS TO FACILITATE THE SITING OF INTERSTATE ELECTRICITY 
              TRANSMISSION LINES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$800,000,000, to remain available until September 30, 2031 (provided no 
funds shall be disbursed after such date), for making grants in 
accordance with this section and for administrative expenses associated 
with carrying out this section.
    (b) Use of Funds.--
            (1) In general.--The Secretary may make a grant under this 
        section to a siting authority for, with respect to a covered 
        transmission project, any of the following activities:
                    (A) Studies and analyses of the impacts of the 
                covered transmission project, including the 
                environmental, reliability, wildlife, cultural, 
                historical, water, land-use, public health, employment, 
                tax-revenue, market, cost, and rate regulation impacts.
                    (B) Examination of up to 3 alternate siting 
                corridors within which the covered transmission project 
                feasibly could be sited.
                    (C) Hosting and facilitation of negotiations in 
                settlement meetings involving the siting authority, the 
                covered transmission project applicant, and opponents 
                of the covered transmission project, for the purpose of 
                identifying and addressing issues that are preventing 
                approval of the application relating to the siting or 
                permitting of the covered transmission project.
                    (D) Participation by the siting authority in 
                regulatory proceedings or negotiations in another 
                jurisdiction, or under the auspices of a Transmission 
                Organization (as defined in section 3 of the Federal 
                Power Act (16 U.S.C. 796)) that is also considering the 
                siting or permitting of the covered transmission 
                project.
                    (E) Participation by the siting authority in 
                regulatory proceedings at the Federal Energy Regulatory 
                Commission or a State regulatory commission for 
                determining applicable rates and cost allocation for 
                the covered transmission project.
                    (F) Other measures and actions that may improve the 
                chances of, and shorten the time required for, approval 
                by the siting authority of the application relating to 
                the siting or permitting of the covered transmission 
                project, as the Secretary determines appropriate.
            (2) Economic development.--The Secretary may make a grant 
        under this section to a siting authority, or other State, 
        local, or Tribal governmental entity, for economic development 
        activities for communities that may be affected by the 
        construction and operation of a covered transmission project.
    (c) Conditions.--
            (1) Final decision on application.--In order to receive a 
        grant for an activity described in subsection (b)(1), the 
        Secretary shall require a siting authority to agree, in 
        writing, to reach a final decision on the application relating 
        to the siting or permitting of the applicable covered 
        transmission project not later than 2 years after the date on 
        which such grant is provided, unless the Secretary authorizes 
        an extension for good cause.
            (2) Federal share.--The Federal share of the cost of an 
        activity described in subparagraph (D) or (E) of subsection 
        (b)(1) shall not exceed 50 percent.
            (3) Economic development.--The Secretary may only disburse 
        grant funds for economic development activities under 
        subsection (b)(2)--
                    (A) to a siting authority upon approval by the 
                siting authority of the applicable covered transmission 
                project; and
                    (B) to any other State, local, or Tribal 
                governmental entity upon commencement of construction 
                of the applicable covered transmission project in the 
                area under the jurisdiction of the entity.
    (d) Returning Funds.--If a siting authority that receives a grant 
for an activity described in subsection (b)(1) fails to use all grant 
funds within 2 years of receipt, the siting authority shall return to 
the Secretary any such unused funds.
    (e) Definitions.--In this section:
            (1) Covered transmission project.--The term ``covered 
        transmission project'' means a high-voltage interstate 
        electricity transmission line--
                    (A) that is proposed to be constructed and to 
                operate at a minimum of 275 kilovolts of either 
                alternating-current or direct-current electric energy 
                by an entity; and
                    (B) for which such entity has applied, or informed 
                a siting authority of such entity's intent to apply, 
                for regulatory approval.
            (2) Siting authority.--The term ``siting authority'' means 
        a State, local, or Tribal governmental entity with authority to 
        make a final determination regarding the siting, permitting, or 
        regulatory status of a covered transmission project that is 
        proposed to be located in an area under the jurisdiction of the 
        entity.

SEC. 30463. ORGANIZED WHOLESALE ELECTRICITY MARKET TECHNICAL ASSISTANCE 
              GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $100,000,000, to 
remain available until fiscal year 2031 (except that no funds shall be 
disbursed after September 30, 2031), for purposes of providing 
technical assistance and grants under subsection (b).
    (b) Technical Assistance and Grants.--The Secretary shall use 
amounts made available under subsection (a) to--
            (1) provide grants to States to pay for--
                    (A) technical assistance for any of the activities 
                described in subsection (c); or
                    (B) the procurement of data or technology systems 
                related to any of the activities described in 
                subsection (c); and
            (2) provide technical assistance for the activities 
        described in subsection (c).
    (c) Activities.--The activities described in this subsection are--
            (1) forming, expanding, or improving an organized wholesale 
        electricity market, including with respect to--
                    (A) market governance assistance;
                    (B) planning and policy assistance; and
                    (C) regulatory development assistance;
            (2) aligning the policies of an organized wholesale 
        electricity market with relevant State policies; and
            (3) evaluating the economic, operational, reliability, 
        environmental, and other benefits of organized wholesale 
        electricity markets.
    (d) Applications.--
            (1) In general.--To apply for technical assistance or a 
        grant provided under this section, a State shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) Grants.--An application for a grant submitted under 
        paragraph (1) shall certify how the State will use the grant in 
        accordance with subsection (b).
    (e) Priority.--In evaluating applications submitted under 
subsection (c), the Secretary shall give priority to applications that 
are submitted by more than one State.
    (f) Definitions.--In this section:
            (1) Independent system operator; regional transmission 
        organization.--The terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        such terms in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (2) Organized wholesale electricity market.--The term 
        ``organized wholesale electricity market'' means an Independent 
        System Operator or a Regional Transmission Organization.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (4) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and Guam.

SEC. 30464. INTERREGIONAL AND OFFSHORE WIND ELECTRICITY TRANSMISSION 
              PLANNING, MODELING, AND ANALYSIS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$100,000,000, to remain available until September 30, 2031 (except that 
no funds shall be disbursed after such date), to carry out this 
section.
    (b) Use of Funds.--The Secretary of Energy shall use amounts made 
available under subsection (a) to--
            (1) pay expenses associated with convening relevant 
        stakeholders, including States, generation and transmission 
        developers, regional transmission organizations, independent 
        system operators, environmental organizations, Indian Tribes, 
        and other stakeholders the Secretary determines appropriate, to 
        address the development of interregional electricity 
        transmission and transmission of electricity that is generated 
        by offshore wind; and
            (2) conduct planning, modeling, and analysis regarding 
        interregional electricity transmission and transmission of 
        electricity that is generated by offshore wind, taking into 
        account the local, regional, and national economic, 
        reliability, resilience, security, public policy, and 
        environmental benefits of interregional electricity 
        transmission and transmission of electricity that is generated 
        by offshore wind, including planning, modeling, and analysis, 
        as the Secretary determines appropriate, pertaining to--
                    (A) clean energy integration into the electric 
                grid, including the identification of renewable energy 
                zones;
                    (B) the effects of changes in weather due to 
                climate change on the reliability and resilience of the 
                electric grid;
                    (C) cost allocation methodologies that facilitate 
                the expansion of the bulk power system;
                    (D) the benefits of coordination between generator 
                interconnection processes and transmission planning 
                processes;
                    (E) the effect of increased electrification on the 
                electric grid;
                    (F) power flow modeling;
                    (G) the benefits of increased interconnections or 
                interties between or among the Western Interconnection, 
                the Eastern Interconnection, the Electric Reliability 
                Council of Texas, and other interconnections, as 
                applicable;
                    (H) the cooptimization of transmission and 
                generation, including variable energy resources, energy 
                storage, and demand-side management;
                    (I) the opportunities for use of nontransmission 
                alternatives and grid-enhancing technologies;
                    (J) economic development opportunities for 
                communities arising from development of interregional 
                electricity transmission and transmission of 
                electricity that is generated by offshore wind; and
                    (K) evaluation of existing rights-of-way and the 
                need for additional transmission corridors.

                     PART 7--ENVIRONMENTAL REVIEWS

SEC. 30471. DEPARTMENT OF ENERGY.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Energy for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $200,000,000, to remain 
available until September 30, 2031 (except that no amounts may be 
disbursed after September 30, 2031), to provide for more efficient and 
more effective environmental reviews under the National Environmental 
Policy Act of 1969 through the hiring and training of additional 
personnel, the development of programmatic assessments or templates, 
the procurement of technical or scientific services, the development of 
data or technology systems, stakeholder and community engagement, and 
the purchase of new equipment.

SEC. 30472. FEDERAL ENERGY REGULATORY COMMISSION.

    In addition to amounts otherwise available, there is appropriated 
to the Federal Energy Regulatory Commission for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $100,000,000, 
to remain available until September 30, 2031 (except that no amounts 
may be disbursed after September 30, 2031), to provide for more 
efficient and more effective environmental reviews under the National 
Environmental Policy Act of 1969 through the hiring and training of 
additional personnel, the development of programmatic assessments or 
templates, the procurement of technical or scientific services, the 
development of data or technology systems, stakeholder and community 
engagement, and the purchase of new equipment.

                      PART 8--OTHER ENERGY MATTERS

SEC. 30481. FEDERAL ENERGY EFFICIENCY FUND.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$17,500,000,000, to remain available until expended (except that no 
funds shall be disbursed after September 30, 2031), to provide grants 
to agencies to assist them in meeting the requirements of section 543 
of the National Energy Conservation Policy Act (42 U.S.C. 8253) or to 
assist agencies in reducing the carbon emissions of new or existing 
Federal buildings and Federal fleets.
    (b) Use of Funds.--The Secretary shall use the funds made available 
pursuant to subsection (a) to provide grants to agencies pursuant to 
section 546(b) of the National Energy Conservation Policy Act (42 
U.S.C. 8256(b)), and to establish a program to provide competitive 
grants to agencies, to carry out projects for onsite or offsite 
measures that--
            (1) are applied to or serve a Federal building or Federal 
        fleet; and
            (2) involve energy conservation, cogeneration facilities, 
        renewable energy sources, low carbon materials, improvements in 
        operations and maintenance efficiencies, retrofit activities, 
        automotive supply equipment, building electrification, energy 
        storage devices, energy consuming devices and required support 
        structures, or carbon-pollution free electricity.
    (c) Considerations.--In providing grants under subsection (b), the 
Secretary may consider--
            (1) the cost-effectiveness of the project;
            (2) the extent to which a project promotes the integration 
        of clean energy, carbon pollution-free electricity, low carbon 
        materials, automotive supply equipment, and such other onsite 
        or offsite measures as the Secretary determines to be 
        appropriate;
            (3) the amount of energy and cost savings anticipated to 
        the Federal Government;
            (4) the amount of funding committed to the project by the 
        agency requesting the grant;
            (5) the extent that a proposal leverages financing from 
        other non-Federal sources; and
            (6) any other factor which the Secretary determines is in 
        furtherance of this section.
    (d) Definitions.--In this section:
            (1) Automotive supply equipment.--The term ``automotive 
        supply equipment'' means any conductors, including ungrounded, 
        grounded, and equipment grounding conductors, electric vehicle 
        connectors, attachment plugs, and all other fittings, devices, 
        power outlets, electrical equipment, or apparatuses installed 
        specifically for the purpose of delivering energy to an 
        electric vehicle or to a battery intended to be used in an 
        electric vehicle.
            (2) Low carbon material.--The term ``low carbon material'' 
        means any material for which the quantity of greenhouse gases 
        (measured in kilograms of carbon dioxide equivalent) emitted to 
        the atmosphere by the manufacture, transportation, 
        installation, maintenance, and disposal of the material is 
        significantly lower than such quantity for another, similar 
        material, as measured and reported in an environmental product 
        declaration.

SEC. 30482. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Energy for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $5,000,000,000, 
to remain available until September 30, 2031 (except that no funds 
shall be disbursed after September 30, 2031), to carry out the Energy 
Efficiency and Conservation Block Grant Program established under 
section 542(a) of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17152(a)), of which--
            (1) $2,500,000,000 shall be distributed in accordance with 
        section 543 of such Act (42 U.S.C. 17153); and
            (2) $2,5000,000,000 shall be awarded to eligible entities 
        on a competitive basis.
    (b) Program.--In carrying out subsection (a), in addition to 
providing assistance described in section 542(b)(1) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17152(b)(1)), the 
Secretary may also provide assistance to eligible entities for 
implementing strategies to reduce fossil fuel emissions created as a 
result of activities within the jurisdictions of eligible entities in a 
manner that diversifies energy supplies, including by facilitating and 
promoting the use of alternative fuels.
    (c) Use of Funds.--In carrying out subsection (a), for purposes of 
section 544 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17154), the Secretary may also consider to be activities that 
achieve the purposes of the Energy Efficiency and Conservation Block 
Grant Program--
            (1) the deployment of energy distribution technologies that 
        significantly increase energy efficiency or expand access to 
        alternative fuels, including distributed resources, district 
        heating and cooling systems, and infrastructure for delivering 
        alternative fuels; and
            (2) programs for financing energy efficiency, renewable 
        energy, and zero-emission transportation (and associated 
        infrastructure) capital investments, projects, and programs--
                    (A) which may include loan programs and performance 
                contracting programs for leveraging of additional 
                public and private sector funds, and programs that 
                allow rebates, grants, or other incentives for the 
                purchase and installation of energy efficiency, 
                renewable energy, and zero-emission transportation (and 
                associated infrastructure) measures; or
                    (B) which may be used or implemented in connection 
                with buildings owned and operated by a State, a 
                political subdivision of a State, an agency or 
                instrumentality of a State, or an organization exempt 
                from taxation under section 501(c)(3) of the Internal 
                Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
    (d) Competitive Grants.--In carrying out subsection (a), for 
purposes of section 546(c)(2) of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17156(c)(2)), the Secretary may give priority to 
units of local government that plan to carry out projects to expand the 
use of alternative fuels that would result in significant energy 
efficiency improvements or reductions in fossil fuel use.
    (e) Administrative Expenses.--Of the amount made available under 
subsection (a), the Secretary shall reserve 10 percent for 
administrative expenses to carry out this section.
    (f) Technical Amendments.--Section 543 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17153) is amended--
            (1) in subsection (c), by striking ``subsection (a)(2)'' 
        and inserting ``subsection (a)(3)''; and
            (2) in subsection (d), by striking ``subsection (a)(3)'' 
        and inserting ``subsection (a)(4)''.

SEC. 30483. LOW-INCOME SOLAR.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Department of Energy for fiscal year 2022, 
out of any amounts in the Treasury not otherwise appropriated, 
$2,500,000,000, to remain available until expended (except that no 
funds shall be disbursed after September 30, 2031), to carry out this 
section.
    (b) In General.--The Secretary shall use funds appropriated by 
subsection (a) to provide financial assistance to eligible entities 
to--
            (1) carry out eligible planning projects; or
            (2) carry out eligible installation projects.
    (c) Applications.--
            (1) In general.--To be eligible to receive assistance under 
        this section, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Inclusion for installation assistance.--For an eligible 
        entity to receive assistance for an eligible installation 
        project, the Secretary shall require the eligible entity to 
        include in an application under paragraph (1)--
                    (A) information that demonstrates that the eligible 
                entity has obtained, or has the capacity to obtain, 
                necessary permits, subscribers, access to an 
                installation site, and any other items or agreements 
                necessary to complete the installation of the 
                applicable covered facility;
                    (B) information that demonstrates that the covered 
                facility installed using such assistance will comply 
                with local building and safety codes and standards;
                    (C) a description of the mechanism through which 
                financial benefits will be distributed to beneficiaries 
                or subscribers; and
                    (D) an estimate of the anticipated financial 
                benefit for beneficiaries or subscribers.
            (3) Consideration of planning projects.--The Secretary may 
        consider the completion of an eligible planning project 
        pursuant to subsection (b)(1) by the eligible entity to be 
        sufficient to demonstrate the ability of the eligible entity to 
        meet the requirements of paragraph (2)(A).
    (d) Selection.--
            (1) In general.--In selecting eligible projects to receive 
        assistance under this section, the Secretary shall--
                    (A) prioritize--
                            (i) eligible installation projects that 
                        will result in the most financial benefit for 
                        beneficiaries, as determined by the Secretary;
                            (ii) eligible installation projects that 
                        will result in development of covered 
                        facilities in underserved areas; and
                            (iii) eligible projects that include 
                        apprenticeship, job training, or community 
                        participation as part of their application; and
                    (B) ensure that such assistance is provided in a 
                manner that results in eligible projects being carried 
                out on a geographically diverse basis within and among 
                States.
            (2) Determination of financial benefit.--In determining the 
        amount of financial benefit for low-income households of an 
        eligible installation project, the Secretary shall ensure that 
        all calculations for estimated household energy savings are 
        based solely on electricity offsets from the applicable covered 
        facility and use formulas established by the State or local 
        government with jurisdiction over the applicable covered 
        facility for verifiable household energy savings estimates that 
        accrue to low-income households.
    (e) Assistance.--
            (1) Form.--The Secretary may provide assistance under this 
        section in the form of a grant, rebate, or low-interest loan.
            (2) Multiple projects for same facility.--
                    (A) In general.--An eligible entity may apply for 
                assistance under this section for an eligible planning 
                project and an eligible installation project for the 
                same covered facility.
                    (B) Separate selections.--Selection by the 
                Secretary for assistance under this section of an 
                eligible planning project does not require the 
                Secretary to select for assistance under this section 
                an eligible installation project for the same covered 
                facility.
    (f) Use of Assistance.--
            (1) Eligible planning projects.--An eligible entity 
        receiving assistance for an eligible planning project under 
        this section may use such assistance to pay the costs of pre-
        installation activities associated with an applicable covered 
        facility, including--
                    (A) feasibility studies;
                    (B) permitting;
                    (C) site assessment;
                    (D) identification of beneficiaries or subscribers; 
                or
                    (E) such other costs determined by the Secretary to 
                be appropriate.
            (2) Eligible installation projects.--An eligible entity 
        receiving assistance for an eligible installation project under 
        this section may use such assistance to pay the costs of--
                    (A) installation and operation of a covered 
                facility, including costs associated with materials, 
                permitting, labor, or site preparation;
                    (B) storage technology sited at a covered facility;
                    (C) interconnection service expenses;
                    (D) offsetting the cost of a subscription for a 
                covered facility described in subsection (h)(4)(A) for 
                subscribers that are members of a low-income household; 
                or
                    (E) such other costs determined by the Secretary to 
                be appropriate.
    (g) Use of Funds.--Of the funds appropriated by this section, the 
Secretary shall use not less than 85 percent to provide assistance for 
eligible installation projects.
    (h) Definitions.--In this section:
            (1) Beneficiary.--The term ``beneficiary'' means a low-
        income household that receives a financial benefit from the 
        installation and operation of a covered facility.
            (2) Community solar facility.--The term ``community solar 
        facility'' means a solar generating facility that--
                    (A) has multiple subscribers that receive financial 
                benefits that are directly attributable to the 
                facility; and
                    (B) has a nameplate rating of 5 megawatts AC or 
                less.
            (3) Community solar subscription.--The term ``community 
        solar subscription'' means a share in the capacity, or a 
        proportional interest in the electricity generation, of a 
        community solar facility.
            (4) Covered facility.--The term ``covered facility'' 
        means--
                    (A) a community solar facility at least 50 percent 
                of the capacity of which is reserved for low-income 
                households;
                    (B) a solar generating facility located at a 
                residence of a low-income household; or
                    (C) a solar generating facility located at a multi-
                family affordable housing complex.
            (5) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization that provides services 
                to low-income households or multi-family affordable 
                housing complexes;
                    (B) a developer, owner, or operator of a covered 
                facility;
                    (C) a State, or political subdivision thereof;
                    (D) an Indian Tribe, tribally owned electric 
                utility, or tribal energy development organization;
                    (E) a Native Hawaiian community-based organization;
                    (F) any other national or regional entity that has 
                experience developing or installing solar generating 
                facilities for low-income households that maximize 
                financial benefits to those households; and
                    (G) an electric cooperative or a municipality that 
                is an electric utility (as such terms are defined in 
                section 3 of the Federal Power Act).
            (6) Eligible installation project.--The term ``eligible 
        installation project'' means a project to install and operate a 
        covered facility.
            (7) Eligible planning project.--The term ``eligible 
        planning project'' means a project to carry out pre-
        installation activities for the development of a covered 
        facility.
            (8) Eligible project.--The term ``eligible project'' 
        means--
                    (A) an eligible planning project; or
                    (B) an eligible installation project.
            (9) Feasibility study.--The term ``feasibility study'' 
        means a study or assessment that determines the feasibility of 
        a specific solar generating facility, including a customer 
        interest assessment and a siting assessment, as determined by 
        the Secretary.
            (10) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian Tribe, band, nation, Tribal Organization, or other 
        organized group or community, including any Alaska Native 
        village, Regional Corporation, or Village Corporation, that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            (11) Interconnection service.--The term ``interconnection 
        service'' has the meaning given such term in section 111(d)(15) 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2621(d)(15)).
            (12) Low-income household.--The term ``low-income 
        household'' means a household with an income that--
                    (A) is at or below 80 percent of the area median 
                income, or 200 percent of the Federal poverty level, 
                whichever is higher, except that the Secretary may 
                establish a higher level if the Secretary determines 
                that such a higher level is necessary to carry out the 
                purposes of this section; or
                    (B) if the State in which the household is located 
                elects, is the basis for eligibility for assistance 
                under the Low-Income Home Energy Assistance Act of 1981 
                (42 U.S.C. 8621 et seq.), provided that such basis is 
                at least 200 percent of the Federal poverty level.
            (13) Multi-family affordable housing complex.--The term 
        ``multi-family affordable housing complex'' means any federally 
        subsidized affordable housing complex in which at least 50 
        percent of the units are reserved for low-income households.
            (14) Native hawaiian community-based organization.--The 
        term ``Native Hawaiian community-based organization'' means any 
        organization that is composed primarily of Native Hawaiians 
        from a specific community and that assists in the social, 
        cultural, and educational development of Native Hawaiians in 
        that community.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (16) Solar generating facility.--The term ``solar 
        generating facility'' means--
                    (A) a generator that creates electricity from 
                photons; and
                    (B) the accompanying hardware enabling that 
                electricity to flow--
                            (i) onto the electric grid;
                            (ii) into a facility or structure; or
                            (iii) into an energy storage device.
            (17) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, Guam, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        and American Samoa.
            (18) Subscriber.--The term ``subscriber'' means a person 
        who--
                    (A) owns a community solar subscription, or an 
                equivalent unit or share of the capacity or generation 
                of a community solar facility; or
                    (B) is a member of a low-income household that 
                financially benefits from a community solar facility, 
                even if the person does not own a community solar 
                subscription for the facility.
            (19) Underserved area.--The term ``underserved area'' 
        means--
                    (A) a geographical area with low or no photovoltaic 
                solar deployment, as determined by the Secretary;
                    (B) a geographical area that has low or no access 
                to electricity, as determined by the Secretary;
                    (C) a geographical area with a high energy burden, 
                as determined by the Secretary; or
                    (D) trust land, as defined in section 3765 of title 
                38, United States Code.

SEC. 30484. OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Energy for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $50,000,000, to remain 
available until September 30, 2031 (except that no funds shall be 
disbursed after September 30, 2031), for oversight by the Department of 
Energy Office of Inspector General of the Department of Energy 
activities for which funding is appropriated in this subtitle.

              Subtitle F--Affordable Health Care Coverage

SEC. 30601. ENSURING AFFORDABILITY OF COVERAGE FOR CERTAIN LOW-INCOME 
              POPULATIONS.

    (a) Reducing Cost Sharing Under Qualified Health Plans.--Section 
1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 
18071) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by inserting ``(or, with 
                respect to plan years 2023 and 2024, whose household 
                income does not exceed 400 percent of the poverty line 
                for a family of the size involved)'' before the period; 
                and
                    (B) in the matter following paragraph (2), by 
                adding at the end the following new sentence: ``In the 
                case of an individual with a household income that does 
                not exceed 138 percent of the poverty line for a family 
                of the size involved for any month occurring during the 
                period beginning on January 1, 2022, and ending on 
                December 31, 2022, such individual shall, for such 
                month and for each succeeding month during such period, 
                be treated as having household income equal to 100 
                percent for purposes of applying this section.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), in the matter preceding 
                clause (i), by inserting ``, with respect to eligible 
                insureds (other than, with respect to plan years 2023 
                and 2024, specified enrollees (as defined in paragraph 
                (6)(C))),'' after ``first be achieved'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``with respect to 
                eligible insureds (other than, with respect to plan 
                years 2023 and 2024, specified enrollees)'' after 
                ``under the plan'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``this 
                        subsection'' and inserting ``paragraph (1) or 
                        (2)''; and
                            (ii) in subparagraph (B), by striking 
                        ``this section'' and inserting ``paragraphs (1) 
                        and (2)''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(6) Special rule for specified enrollees.--
                    ``(A) In general.--The Secretary shall establish 
                procedures under which the issuer of a qualified health 
                plan to which this section applies shall reduce cost-
                sharing under the plan with respect to months occurring 
                during plan years 2023 and 2024 for enrollees who are 
                specified enrollees (as defined in subparagraph (C)) in 
                a manner sufficient to increase the plan's share of the 
                total allowed costs of benefits provided under the plan 
                to 99 percent of such costs.
                    ``(B) Methods for reducing cost sharing.--
                            ``(i) In general.--An issuer of a qualified 
                        health plan making reductions under this 
                        paragraph shall notify the Secretary of such 
                        reductions and the Secretary shall, out of 
                        funds made available under clause (ii), make 
                        periodic and timely payments to the issuer 
                        equal to 12 percent of the total allowed costs 
                        of benefits provided under each such plan to 
                        specified enrollees during plan years 2023 and 
                        2024.
                            ``(ii) Appropriation.--In addition to 
                        amounts otherwise available, there are 
                        appropriated, out of any money in the Treasury 
                        not otherwise appropriated, such sums as may be 
                        necessary to the Secretary to make payments 
                        under clause (i).
                    ``(C) Specified enrollee defined.--For purposes of 
                this section, the term `specified enrollee' means, with 
                respect to a month occurring during a plan year, an 
                eligible insured with a household income that does not 
                exceed 138 percent of the poverty line for a family of 
                the size involved during such month. Such insured shall 
                be deemed to be a specified enrollee for each 
                succeeding month in such plan year.''.
    (b) Open Enrollments Applicable to Certain Lower-income 
Populations.--Section 1311(c) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18031(c)) is amended--
            (1) in paragraph (6)--
                    (A) in subparagraph (C), by striking at the end 
                ``and'';
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) with respect to a qualified health plan with 
                respect to which section 1402 applies, for months 
                occurring during the period beginning on January 1, 
                2022, and ending on December 31, 2024, enrollment 
                periods described in subparagraph (A) of paragraph (8) 
                for individuals described in subparagraph (B) of such 
                paragraph.''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Special enrollment period for certain low-income 
        populations.--
                    ``(A) In general.--The enrollment period described 
                in this paragraph is, in the case of an individual 
                described in subparagraph (B), the continuous period 
                beginning on the first day that such individual is so 
                described.
                    ``(B) Individual described.--For purposes of 
                subparagraph (A), an individual described in this 
                subparagraph is an individual--
                            ``(i) with a household income that does not 
                        exceed 138 percent of the poverty line for a 
                        family of the size involved; and
                            ``(ii) who is not eligible for minimum 
                        essential coverage (as defined in section 
                        5000A(f) of the Internal Revenue Code of 1986), 
                        other than for coverage described in any of 
                        subparagraphs (B) through (E) of paragraph (1) 
                        of such section.''.
    (c) Additional Benefits for Certain Low-income Individuals for Plan 
Year 2024.--Section 1301(a) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18021(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C)(iv), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) provides, with respect to a plan offered in 
                the silver level of coverage to which section 1402 
                applies during plan year 2024, for benefits described 
                in paragraph (5) in the case of an individual who, for 
                a month during such plan year, has a household income 
                that does not exceed 138 percent of the poverty line 
                for a family of the size involved, and who is eligible 
                to receive cost-sharing reductions under section 
                1402.''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Additional benefits for certain low-income 
        individuals for plan year 2024.--
                    ``(A) In general.--For purposes of paragraph 
                (1)(D), the benefits described in this paragraph to be 
                provided by a qualified health plan are benefits 
                consisting of non-emergency medical transportation 
                services (as described in section 1902(a)(4)) and 
                services described in subsection (a)(4)(C) of section 
                1905 of the Social Security Act, without any 
                restriction on the choice of a qualified provider from 
                whom such an individual so enrolled in such plan may 
                receive such services described in such subsection, and 
                without any imposition of cost sharing, which are not 
                otherwise provided under such plan as part of the 
                essential health benefits package described in section 
                1302(a).
                    ``(B) Payments for additional benefits.--
                            ``(i) In general.--An issuer of a qualified 
                        health plan making payments for services 
                        described in subparagraph (A) furnished to 
                        individuals described in paragraph (1)(D) 
                        during plan year 2024 shall notify the 
                        Secretary of such payments and the Secretary 
                        shall, out of funds made available under clause 
                        (ii), make periodic and timely payments to the 
                        issuer equal to payments for such services so 
                        furnished.
                            ``(ii) Appropriation.--In addition to 
                        amounts otherwise available, there is 
                        appropriated, out of any money in the Treasury 
                        not otherwise appropriated, such sums as may be 
                        necessary to the Secretary to make payments 
                        under clause (i).''.
    (d) Education and Outreach Activities.----
            (1) In general.--Section 1321(c) of the Patient Protection 
        and Affordable Care Act (42 U.S.C. 18041(c)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Outreach and educational activities.--
                    ``(A) In general.--In the case of an Exchange 
                established or operated by the Secretary within a State 
                pursuant to this subsection, the Secretary shall carry 
                out outreach and educational activities for purposes of 
                informing individuals described in section 
                1902(a)(10)(A)(i)(VIII) of the Social Security Act who 
                reside in States that have not expended amounts under a 
                State plan (or waiver of such plan) under title XIX of 
                such Act for all such individuals about qualified 
                health plans offered through the Exchange, including by 
                informing such individuals of the availability of 
                coverage under such plans and financial assistance for 
                coverage under such plans. Such outreach and 
                educational activities shall be provided in a manner 
                that is culturally and linguistically appropriate to 
                the needs of the populations being served by the 
                Exchange (including hard-to-reach populations, such as 
                racial and sexual minorities, limited English 
                proficient populations, individuals residing in areas 
                where the unemployment rates exceeds the national 
                average unemployment rate, individuals in rural areas, 
                veterans, and young adults).
                    ``(B) Limitation on use of funds.--No funds 
                appropriated under this paragraph shall be used for 
                expenditures for promoting non-ACA compliant health 
                insurance coverage.
                    ``(C) Non-aca compliant health insurance 
                coverage.--For purposes of subparagraph (B):
                            ``(i) The term `non-ACA compliant health 
                        insurance coverage' means health insurance 
                        coverage, or a group health plan, that is not a 
                        qualified health plan.
                            ``(ii) Such term includes the following:
                                    ``(I) An association health plan.
                                    ``(II) Short-term limited duration 
                                insurance.
                    ``(D) Funding.--In addition to amounts otherwise 
                available, there is appropriated, out of any money in 
                the Treasury not otherwise appropriated, to remain 
                available until expended, $15,000,000 for fiscal year 
                2022, and $30,000,000 for each of fiscal years 2023 and 
                2024, to carry out this paragraph.''.
            (2) Navigator program.--Section 1311(i)(6) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18031(i)(6)) is 
        amended--
                    (A) by striking ``Funding.--Grants under'' and 
                inserting ``Funding.--
                    ``(A) State exchanges.--Grants under''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Federal exchanges.--For purposes of carrying 
                out this subsection, with respect to an Exchange 
                established and operated by the Secretary within a 
                State pursuant to section 1321(c), the Secretary shall 
                obligate $10,000,000 out of amounts collected through 
                the user fees on participating health insurance issuers 
                pursuant to section 156.50 of title 45, Code of Federal 
                Regulations (or any successor regulations) for fiscal 
                year 2022, and $20,000,000 for each of fiscal years 
                2023 and 2024. Such amount so obligated for a fiscal 
                year shall remain available until expended.''.

SEC. 30602. TEMPORARY EXPANSION OF HEALTH INSURANCE PREMIUM TAX CREDITS 
              FOR CERTAIN LOW-INCOME POPULATIONS.

    (a) In General.--Section 36B is amended by redesignating subsection 
(h) as subsection (i) and by inserting after subsection (g) the 
following new subsection:
    ``(h) Certain Temporary Rules for 2022 Through 2024.--With respect 
to any taxable year beginning after December 31, 2021, and before 
January 1, 2025--
            ``(1) Eligibility for credit not limited based on income.--
        Section 36B(c)(1)(A) shall be disregarded in determining 
        whether a taxpayer is an applicable taxpayer.
            ``(2) Credit allowed to certain low-income employees 
        offered employer-provided coverage.--Subclause (II) of 
        subsection (c)(2)(C)(i) shall not apply if the taxpayer's 
        household income does not exceed 138 percent of the poverty 
        line for a family of the size involved. The last sentence of 
        such subsection shall also apply for purposes of this 
        paragraph. Subclause (II) of subsection (c)(2)(C)(i) shall also 
        not apply to an individual described in the last sentence of 
        such subsection if the taxpayer's household income does not 
        exceed 138 percent of the poverty line for a family of the size 
        involved.
            ``(3) Credit allowed to certain low-income employees 
        offered qualified small employer health reimbursement 
        arrangements.--A qualified small employer health reimbursement 
        arrangement shall not be treated as constituting affordable 
        coverage for an employee (or any spouse or dependent of such 
        employee) for any months of a taxable year if the employee's 
        household income for such taxable year does not exceed 138 
        percent of the poverty line for a family of the size involved.
            ``(4) Limitations on recapture.--
                    ``(A) In general.--In the case of a taxpayer whose 
                household income is less than 200 percent of the 
                poverty line for the size of the family involved for 
                the taxable year, the amount of the increase under 
                subsection (f)(2)(A) shall in no event exceed $300 
                (one-half of such amount in the case of a taxpayer 
                whose tax is determined under section 1(c) for the 
                taxable year).
                    ``(B) Limitation on increase for certain non-
                filers.--In the case of any taxpayer who would not be 
                required to file a return of tax for the taxable year 
                but for any requirement to reconcile advance credit 
                payments under subsection (f), if an Exchange 
                established under title I of the Patient Protection and 
                Affordable Care Act has determined that--
                            ``(i) such taxpayer is eligible for advance 
                        payments under section 1412 of such Act for any 
                        portion of such taxable year, and
                            ``(ii) such taxpayer's household income for 
                        such taxable year is projected to not exceed 
                        138 percent of the poverty line for a family of 
                        the size involved,
                subsection (f)(2)(A) shall not apply to such taxpayer 
                for such taxable year and such taxpayer shall not be 
                required to file such return of tax.
                    ``(C) Information provided by exchange.--The 
                information required to be provided by an Exchange to 
                the Secretary and to the taxpayer under subsection 
                (f)(3) shall include such information as is necessary 
                to determine whether such Exchange has made the 
                determinations described in clauses (i) and (ii) of 
                subparagraph (B) with respect to such taxpayer.''.
    (b) Employer Shared Responsibility Provision Not Applicable With 
Respect to Certain Low-income Taxpayers Receiving Premium Assistance.--
Section 4980H(c)(3) is amended to read as follows:
            ``(3) Applicable premium tax credit and cost-sharing 
        reduction.--
                    ``(A) In general.--The term `applicable premium tax 
                credit and cost-sharing reduction' means--
                            ``(i) any premium tax credit allowed under 
                        section 36B,
                            ``(ii) any cost-sharing reduction under 
                        section 1402 of the Patient Protection and 
                        Affordable Care Act, and
                            ``(iii) any advance payment of such credit 
                        or reduction under section 1412 of such Act.
                    ``(B) Exception with respect to certain low-income 
                taxpayers.--Such term shall not include any premium tax 
                credit, cost-sharing reduction, or advance payment 
                otherwise described in subparagraph (A) if such credit, 
                reduction, or payment is allowed or paid for a taxable 
                year of an employee (beginning after December 31, 2021, 
                and before January 1, 2025) with respect to which--
                            ``(i) an Exchange established under title I 
                        of the Patient Protection and Affordable Care 
                        Act has determined that such employee's 
                        household income for such taxable year is 
                        projected to not exceed 138 percent of the 
                        poverty line for a family of the size involved, 
                        or
                            ``(ii) such employee's household income for 
                        such taxable year does not exceed 138 percent 
                        of the poverty line for a family of the size 
                        involved.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 30603. ESTABLISHING A HEALTH INSURANCE AFFORDABILITY FUND.

    (a) In General.--Subtitle D of title I of the Patient Protection 
and Affordable Care Act is amended by inserting after part 5 (42 U.S.C. 
18061 et seq.) the following new part:

         ``PART 6--IMPROVE HEALTH INSURANCE AFFORDABILITY FUND

``SEC. 1351. ESTABLISHMENT OF PROGRAM.

    ``There is hereby established the `Improve Health Insurance 
Affordability Fund' to be administered by the Secretary of Health and 
Human Services, acting through the Administrator of the Centers for 
Medicare & Medicaid Services (in this section referred to as the 
`Administrator'), to provide funding, in accordance with this part, to 
the 50 States and the District of Columbia (each referred to in this 
section as a `State') beginning on January 1, 2023, for the purposes 
described in section 1352.

``SEC. 1352. USE OF FUNDS.

    ``(a) In General.--A State shall use the funds allocated to the 
State under this part for one of the following purposes:
            ``(1) To provide reinsurance payments to health insurance 
        issuers with respect to individuals enrolled under individual 
        health insurance coverage (other than through a plan described 
        in subsection (b)) offered by such issuers.
            ``(2) To provide assistance (other than through payments 
        described in paragraph (1)) to reduce out-of-pocket costs, such 
        as copayments, coinsurance, premiums, and deductibles, of 
        individuals enrolled under qualified health plans offered on 
        the individual market through an Exchange and of individuals 
        enrolled under standard health plans offered through a basic 
        health program established under section 1331.
    ``(b) Exclusion of Certain Grandfathered Plans, Transitional Plans, 
Student Health Plans, and Excepted Benefits.--For purposes of 
subsection (a), a plan described in this subsection is the following:
            ``(1) A grandfathered health plan (as defined in section 
        1251).
            ``(2) A plan (commonly referred to as a `transitional 
        plan') continued under the letter issued by the Centers for 
        Medicare & Medicaid Services on November 14, 2013, to the State 
        Insurance Commissioners outlining a transitional policy for 
        coverage in the individual and small group markets to which 
        section 1251 does not apply, and under the extension of the 
        transitional policy for such coverage set forth in the 
        Insurance Standards Bulletin Series guidance issued by the 
        Centers for Medicare & Medicaid Services on March 5, 2014, 
        February 29, 2016, February 13, 2017, April 9, 2018, March 25, 
        2019, January 31, 2020, and January 19, 2021, or under any 
        subsequent extensions thereof.
            ``(3) Student health insurance coverage (as defined in 
        section 147.145 of title 45, Code of Federal Regulations, or 
        any successor regulation).
            ``(4) Excepted benefits (as defined in section 2791(c) of 
        the Public Health Service Act).

``SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT SAFEGUARD.

    ``(a) Encouraging State Options for Allocations.--
            ``(1) In general.--Subject to subsection (b), to be 
        eligible for an allocation of funds under this part for a year 
        (beginning with 2023), a State shall submit to the 
        Administrator an application at such time (but, in the case of 
        allocations for 2023, not later than 120 days after the date of 
        the enactment of this part and, in the case of allocations for 
        a subsequent year, not later than January 1 of the previous 
        year) and in such form and manner as specified by the 
        Administrator containing--
                    ``(A) a description of how the funds will be used; 
                and
                    ``(B) such other information as the Administrator 
                may require.
            ``(2) Automatic approval.--An application so submitted is 
        approved (as outlined in the terms of the plan) unless the 
        Administrator notifies the State submitting the application, 
        not later than 90 days after the date of the submission of such 
        application, that the application has been denied for not being 
        in compliance with any requirement of this part and of the 
        reason for such denial.
            ``(3) 5-year application approval.--If an application of a 
        State is approved for a purpose described in section 1352 for a 
        year, such application shall be treated as approved for such 
        purpose for each of the subsequent 4 years.
            ``(4) Oversight authority and authority to revoke 
        approval.--
                    ``(A) Oversight.--The Secretary may conduct 
                periodic reviews of the use of funds provided to a 
                State under this section, with respect to a purpose 
                described in section 1352, to ensure the State uses 
                such funds for such purpose and otherwise complies with 
                the requirements of this section.
                    ``(B) Revocation of approval.--The approval of an 
                application of a State, with respect to a purpose 
                described in section 1352, may be revoked if the State 
                fails to use funds provided to the State under this 
                section for such purpose or otherwise fails to comply 
                with the requirements of this section.
    ``(b) Default Federal Safeguard for 2023 and 2024 for Certain 
States.--
            ``(1) In general.--For 2023 and 2024, in the case of a 
        State described in paragraph (5), with respect to such year, 
        the State shall not be eligible to submit an application under 
        subsection (a), and the Administrator, in consultation with the 
        applicable State authority, shall from the amount calculated 
        under paragraph (3) for such year, carry out the purpose 
        described in paragraph (2) in such State for such year.
            ``(2) Specified use.--The amount described in paragraph 
        (3), with respect to a State described in paragraph (5) for 
        2023 or 2024, shall be used to carry out the purpose described 
        in section 1352(a)(1) in such State for such year, as 
        applicable, by providing reinsurance payments to health 
        insurance issuers with respect to attachment range claims (as 
        defined in section 1354(b)(2), using the dollar amounts 
        specified in subparagraph (B) of such section for such year) in 
        an amount equal to, subject to paragraph (4), the percentage 
        (specified for such year by the Secretary under such 
        subparagraph) of the amount of such claims.
            ``(3) Amount described.--The amount described in this 
        paragraph, with respect to 2023 or 2024, is the amount equal to 
        the total sum of amounts that the Secretary would otherwise 
        estimate under section 1354(b)(2)(A)(i) for such year for each 
        State described in paragraph (5) for such year, as applicable, 
        if each such State were not so described for such year.
            ``(4) Adjustment.--For purposes of this subsection, the 
        Secretary may apply a percentage under paragraph (3) with 
        respect to a year that is less than the percentage otherwise 
        specified in section 1354(b)(2)(B) for such year, if the cost 
        of paying the total eligible attachment range claims for States 
        described in paragraph (5) for such year at such percentage 
        otherwise specified would exceed the amount calculated under 
        paragraph (3) for such year.
            ``(5) State described.--A State described in this 
        paragraph, with respect to years 2023 and 2024, is a State 
        that, as of January 1 of 2022 or 2023, respectively, was not 
        expending amounts under the State plan (or waiver of such plan) 
        for all individuals described in section 
        1902(a)(10)(A)(i)(VIII) during such year.

``SEC. 1354. ALLOCATIONS.

    ``(a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated, out of any money in the Treasury not otherwise 
appropriated, $10,000,000,000 for 2023 and each subsequent year to 
provide allocations for States under subsection (b) and payments under 
section 1353(b) .
    ``(b) Allocations.--
            ``(1) Payment.--
                    ``(A) In general.--From amounts appropriated under 
                subsection (a) for a year, the Secretary shall, with 
                respect to a State not described in section 1353(b) for 
                such year and not later than the date specified under 
                subparagraph (B) for such year, allocate for such State 
                the amount determined for such State and year under 
                paragraph (2).
                    ``(B) Specified date.--For purposes of subparagraph 
                (A), the date specified in this subparagraph is--
                            ``(i) for 2023, the date that is 90 days 
                        after the date of the enactment of this part; 
                        and
                            ``(ii) for 2024 or a subsequent year, 
                        January 1 of the previous year.
                    ``(C) Notifications of allocation amounts.--For 
                2024 and each subsequent year, the Secretary shall 
                notify each State of the amount determined for such 
                State under paragraph (2) for such year by not later 
                than January 1 of the previous year.
            ``(2) Allocation amount determinations.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the amount determined under this paragraph for a year 
                for a State described in paragraph (1)(A) for such year 
                is the amount equal to--
                            ``(i) the amount that the Secretary 
                        estimates would be expended under this part for 
                        such year on attachment range claims of 
                        individuals residing in such State if such 
                        State used such funds only for the purpose 
                        described in paragraph (1) of section 1352(a) 
                        at the dollar amounts and percentage specified 
                        under subparagraph (B) for such year; minus
                            ``(ii) the amount, if any, by which the 
                        Secretary determines--
                                    ``(I) the estimated amount of 
                                premium tax credits under section 36B 
                                of the Internal Revenue Code of 1986 
                                that would be attributable to 
                                individuals residing in such State for 
                                such year without application of this 
                                part; exceeds
                                    ``(II) the estimated amount of 
                                premium tax credits under section 36B 
                                of the Internal Revenue Code of 1986 
                                that would be attributable to 
                                individuals residing in such State for 
                                such year if section 1353(b) applied 
                                for such year and applied with respect 
                                to such State for such year.
                For purposes of the previous sentence and section 
                1353(b)(3), the term `attachment range claims' means, 
                with respect to an individual, the claims for such 
                individual that exceed a dollar amount specified by the 
                Secretary for a year, but do not exceed a ceiling 
                dollar amount specified by the Secretary for such year, 
                under subparagraph (B).
                    ``(B) Specifications.--For purposes of subparagraph 
                (A) and section 1353(b)(3), the Secretary shall 
                determine the dollar amounts and the percentage to be 
                specified under this subparagraph for a year in a 
                manner to ensure that the total amount of expenditures 
                under this part for such year is estimated to equal the 
                total amount appropriated for such year under 
                subsection (a) if such expenditures were used solely 
                for the purpose described in paragraph (1) of section 
                1352(a) for attachment range claims at the dollar 
                amounts and percentage so specified for such year.
            ``(3) Availability.--Funds allocated to a State under this 
        subsection for a year shall remain available through the end of 
        the subsequent year.''.
    (b) Basic Health Program Funding Adjustments.--Section 1331 of the 
Patient Protection and Affordable Care Act (42 U.S.C. 18051) is 
amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) Provision of information on qualified health plan 
        premiums.--
                    ``(A) In general.--For plan years beginning on or 
                after January 1, 2023, the program described in 
                paragraph (1) shall provide that a State may not 
                establish a basic health program unless such State 
                furnishes to the Secretary, with respect to each 
                qualified health plan offered in such State during a 
                year that receives any reinsurance payment from funds 
                made available under part 6 for such year, the adjusted 
                premium amount (as defined in subparagraph (B)) for 
                each such plan and year.
                    ``(B) Adjusted premium amount defined.--For 
                purposes of subparagraph (A), the term `adjusted 
                premium amount' means, with respect to a qualified 
                health plan and a year, the monthly premium for such 
                plan and year that would have applied had such plan not 
                received any payments described in subparagraph (A) for 
                such year.''; and
            (2) in subsection (d)(3)(A)(ii), by adding at the end the 
        following new sentence: ``In making such determination, the 
        Secretary shall calculate the value of such premium tax credits 
        that would have been provided to such individuals enrolled 
        through a basic health program established by a State during a 
        year using the adjusted premium amounts (as defined in 
        subsection (a)(3)(B)) for qualified health plans offered in 
        such State during such year.''.

                          Subtitle G--Medicaid

       PART 1--FEDERAL MEDICAID PROGRAM TO CLOSE THE COVERAGE GAP

SEC. 30701. CLOSING THE MEDICAID COVERAGE GAP.

    (a) Federal Medicaid Program to Close Coverage Gap in Nonexpansion 
States.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) 
is amended by adding at the end the following new section:

``SEC. 1948. FEDERAL MEDICAID PROGRAM TO CLOSE COVERAGE GAP IN 
              NONEXPANSION STATES.

    ``(a) Establishment.--Not later than January 1, 2025, the Secretary 
shall establish a program (in this section referred to as the `Federal 
Medicaid program' or the `Program' under which, in the case of a State 
that the Secretary determines (based on the State plan under this 
title, waiver of such plan, or other relevant information) is not 
expected to expend amounts under the State plan (or waiver of such 
plan) for all individuals who would be entitled to medical assistance 
pursuant to section 1902(a)(10)(A)(i)(VIII) during a year (beginning 
with 2025), (in this section defined as `a coverage gap State', with 
respect to such year), the Secretary shall (including through contract 
with eligible entities (as specified by the Secretary), consistent with 
subsection (b)) provide for the offering to such individuals residing 
in such State of health benefits. The Federal Medicaid program shall be 
offered in a coverage gap State for each quarter during the period 
beginning on January 1 of such year, and ending with the last day of 
the first quarter during which the State provides medical assistance to 
all such individuals under the State plan (or waiver of such plan). 
Under the Federal Medicaid program, the Secretary--
            ``(1) may use the Federally Facilitated Marketplace to 
        facilitate eligibility determinations and enrollments under the 
        Federal Medicaid Program and shall establish a set of 
        eligibility rules to be applied under the Program in a manner 
        consistent with section 1902(e)(14);
            ``(2) shall establish benefits, beneficiary protections, 
        and access to care standards by, at a minimum--
                    ``(A) establishing a minimum set of health benefits 
                to be provided (and providing such benefits) under the 
                Federal Medicaid program, which shall be in compliance 
                with the requirements of section 1937 and shall consist 
                of benchmark coverage described in section 1937(b)(1) 
                or benchmark equivalent coverage described in section 
                1937(b)(2) to the same extent as medical assistance 
                provided to such an individual under this title 
                (without application of this section) is required under 
                section 1902(k)(1) to consist of such benchmark 
                coverage or benchmark equivalent coverage;
                    ``(B) applying the provisions of sections 
                1902(a)(8), 1902(a)(34), and 1943 with respect to such 
                an individual, health benefits under the Federal 
                Medicaid program, and making application for such 
                benefits in the same manner as such provisions would 
                apply to such an individual, medical assistance under 
                this title (other than pursuant to this section), and 
                making application for such medical assistance under 
                this title (other than pursuant to this section); and 
                providing that redeterminations and appeals of 
                eligibility and coverage determinations of items and 
                services (including benefit reductions, terminations, 
                and suspension) shall be conducted under the Federal 
                Medicaid program in accordance with a Federal fair 
                hearing process established by the Secretary that is 
                subject to the same requirements as applied under 
                section 1902(a)(3) with respect to redeterminations and 
                appeals of eligibility, and with respect to coverage of 
                items and services (including benefit reductions, 
                terminations, and suspension), under a State plan under 
                this title and that may provide for such fair hearings 
                related to denials of eligibility (based on modified 
                adjusted gross income eligibility determinations) to be 
                conducted through the Federally Facilitated Marketplace 
                for Exchanges;
                    ``(C) applying, in accordance with subsection (d), 
                the provisions of section 1927 (other than 
                subparagraphs (B) and (C) of subsection (b)(1) of such 
                section) with respect to the Secretary and payment 
                under the Federal Medicaid program for covered 
                outpatient drugs with respect to a rebate period in the 
                same manner and to the same extent as such provisions 
                apply with respect to a State and payment under the 
                State plan for covered outpatient drugs with respect to 
                the rebate period;
                    ``(D) applying the provisions of sections 
                1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 
                1920C (as applicable) to the Federal Medicaid program 
                and such individuals enrolled in and entitled to health 
                benefits under such program in the same manner and to 
                the same extent as such provisions apply to such 
                individuals eligible for medical assistance under the 
                State plan, and applying the provisions of section 
                1902(a)(30)(A) with respect to medical assistance 
                available under the Federal Medicaid program in the 
                same manner and to the same extent as such provisions 
                apply to medical assistance under a State plan under 
                this title, except that--
                            ``(i) the Secretary shall provide that no 
                        cost sharing shall be applied under the Federal 
                        Medicaid program;
                            ``(ii) the Secretary may waive the 
                        provisions of subparagraph (A) of section 
                        1902(a)(23) to the extent deemed appropriate to 
                        facilitate the implementation of managed care;
                            ``(iii) in applying the provisions of 
                        section 1902(a)(47) and sections 1920 through 
                        1920C, the Secretary--
                                    ``(I) shall establish a single 
                                presumptive eligibility process for 
                                individuals eligible under the Federal 
                                Medicaid program, under which the 
                                Secretary may contract with entities to 
                                carry out such process; and
                                    ``(II) may apply such provisions 
                                and process in accordance with such 
                                phased-in implementation as the 
                                Secretary deems necessary, but 
                                beginning as soon as practicable); and
                    ``(E) prohibiting payment from being available 
                under the Federal Medicaid program for any item or 
                service subject to a payment exclusion under this title 
                or title XI.
    ``(b) Administration of Federal Medicaid Program Through Contracts 
With Medicaid Managed Care Organization and Third Party Plan 
Administrator Requirements.--
            ``(1) In general.--For the purpose of providing medical 
        assistance to individuals described in section 
        1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid 
        program across all coverage gap geographic areas (as defined in 
        paragraph (8)) in which such individuals reside, the Secretary 
        shall solicit bids described in paragraph (2) and enter into 
        contracts with a total of at least 2 eligible entities (as 
        specified by the Secretary, which may be a medicaid managed 
        care organization (in this section defined as a managed care 
        organization described in section 1932(a)(1)(B)(i)), a third 
        party plan administrator, or both). An eligible entity entering 
        into a contract with the Secretary under this paragraph may 
        administer such benefits as a medicaid managed care 
        organization (as so defined), in which case such contract shall 
        be in accordance with paragraph (3) with respect to such 
        geographic area, or as a third-party administrator, in which 
        case such contract shall be in accordance with paragraph (4) 
        with respect to such geographic area. The Secretary may so 
        contract with a Medicaid managed care organization or third 
        party plan administrator in each coverage gap geographic area 
        (and may specify which type of eligible entity may bid with 
        respect to a coverage gap geographic area or areas) and may 
        contract with more than one such eligible entity in the same 
        coverage gap geographic area.
            ``(2) Bids.--
                    ``(A) In general.--To be eligible to enter into a 
                contract under this subsection, for a year, an entity 
                shall submit (at such time, in such manner, and 
                containing such information as specified by the 
                Secretary) one or more bids to provide medical 
                assistance under the Program in one or more coverage 
                gap geographic areas, which are actuarially sound and 
                reflect the projected monthly cost to the entity of 
                providing medical assistance under the Program to an 
                individual enrolled under the Program in such a 
                geographic area (or areas) for such year.
                    ``(B) Selection.--In selecting from bids submitted 
                under subparagraph (A) for purposes of entering into 
                contracts with eligible entities under this subsection, 
                with respect to a coverage gap geographic area, the 
                Secretary shall take into account at least each of the 
                following, with respect to each such bid:
                            ``(i) Network adequacy (as proposed in the 
                        submitted bid).
                            ``(ii) The amount, duration, and scope of 
                        benefits (such as value-added services offered 
                        in the submitted bid), as compared to the 
                        minimum set of benefits established by the 
                        Secretary under subsection (a)(2)(A).
                            ``(iii) The amount of the bid, taking into 
                        account the average per member cost of 
                        providing medical assistance under State plans 
                        under this title (or waivers of such plans) to 
                        individuals enrolled in such plans (or waivers) 
                        who are at least 18 years of age and residing 
                        in the coverage gap geographic area, as well as 
                        the average cost of providing medical 
                        assistance under State plans under this title 
                        (and waivers of such plans) to individuals 
                        described in section 1902(a)(10)(A)(i)(VIII).
                            ``(iv) The organizational capacity of the 
                        entity, the experience of the entity with 
                        Medicaid managed care, the experience of the 
                        entity with Medicaid managed care for 
                        individuals described in section 
                        1902(a)(10)(A)(i)(VIII), the performance of the 
                        entity (if available) on the adult core set 
                        quality measures in States that are not 
                        coverage gap States.
            ``(3) Contract with medicaid managed care organization.--In 
        the case of a contract under paragraph (1) between the 
        Secretary and an eligible entity administering benefits under 
        the Program as a Medicaid managed care organization, with 
        respect to one or more coverage gap geographic areas, the 
        following shall apply:
                    ``(A) The provisions of clauses (i) through (xi) of 
                section 1903(m)(2)(A), clause (xii) of such section (to 
                the extent such clause relates to subsections (b), (d), 
                (f), and (i) of section 1932), and clause (xiii) of 
                such section 1903(m)(2)(A) shall, to the greatest 
                extent practicable, apply to the contract, to the 
                Secretary, and to the Medicaid managed care 
                organization, with respect to providing medical 
                assistance under the Federal Medicaid program with 
                respect to such area (or areas), in the same manner and 
                to the same extent as such provisions apply to a 
                contract under section 1903(m) between a State and an 
                entity that is a medicaid managed care organization (as 
                defined in section 1903(m)(1)), to the State, and to 
                the entity, with respect to providing medical 
                assistance to individuals eligible for benefits under 
                this title.
                    ``(B) The provisions of section 1932(h) shall apply 
                to the contract, Secretary, and Medicaid managed care 
                organization.
                    ``(C) The contract shall provide that the entity 
                pay claims in a timely manner and in accordance with 
                the provisions of section 1902(a)(37).
                    ``(D) The contract shall provide that the Secretary 
                shall make payments under this section to the entity, 
                with respect to coverage of each individual enrolled 
                under the Program in such a coverage gap geographic 
                area with respect to which the entity administers the 
                Program in an amount specified in the contract, subject 
                to subparagraph (D)(ii) and paragraph (6).
                    ``(E) The contract shall require--
                            ``(i) the application of a minimum medical 
                        loss ratio (as calculated under subsection (d) 
                        of section 438.8 of title 42, Code of Federal 
                        Regulations (or any successor regulation)) for 
                        payment for medical assistance administered by 
                        the managed care organization under the 
                        Program, with respect to a year, that is equal 
                        to or greater than 85 percent (or such higher 
                        percent as specified by the Secretary); and
                            ``(ii) in the case, with respect to a year, 
                        the minimum medical loss ratio (as so 
                        calculated) for payment for services under the 
                        benefits so administered is less than 85 
                        percent (or such higher percent as specified by 
                        the Secretary under clause (i)), remittance by 
                        the organization to the Secretary of any 
                        payments (or portions of payments) made to the 
                        organization under this section in an amount 
                        equal to the difference in payments for medical 
                        assistance, with respect to the year, resulting 
                        from the organization's failure to meet such 
                        ratio for such year.
                    ``(F) The contract shall require that the eligible 
                entity submit to the Secretary--
                            ``(i) the number of individuals enrolled in 
                        the Program with respect to each coverage gap 
                        geographic area and month with respect to which 
                        the contract applies;
                            ``(ii) encounter data (disaggregated by 
                        race, ethnicity, and age) with respect to each 
                        coverage gap geographic area and month with 
                        respect to which the contract applies; and
                            ``(iii) such additional information as 
                        specified by the Secretary for purposes of 
                        payment, program integrity, oversight, quality 
                        measurement, or such other purpose specified by 
                        the Secretary.
                    ``(G) The contract shall require that the eligible 
                entity perform any other activity identified by the 
                Secretary.
            ``(4) Contract with a third party plan administrator.--
                    ``(A) In general.--In the case of a contract under 
                paragraph (1) between the Secretary and an eligible 
                entity to administer the Program as a third party plan 
                administrator, with respect to one or more coverage gap 
                geographic areas, such contract shall provide that, 
                with respect to medical assistance provided under the 
                Federal Medicaid program to individuals who are 
                enrolled in the Program with respect to such area (or 
                areas)--
                            ``(i) the third party plan administrator 
                        shall, consistent with such requirements as may 
                        be established by the Secretary--
                                    ``(I) establish provider networks, 
                                payment rates, and utilization 
                                management, consistent with the 
                                provisions of section 1902(a)(30)(A), 
                                as applied by subsection (a)(4) of this 
                                section;
                                    ``(II) pay claims in a timely 
                                manner and in accordance with the 
                                provisions of section 1902(a)(37);
                                    ``(III) submit to the Secretary--
                                            ``(aa) the number of 
                                        individuals enrolled in the 
                                        Program with respect to each 
                                        coverage gap geographic area 
                                        and month with respect to which 
                                        the contract applies;
                                            ``(bb) encounter data 
                                        (disaggregated by race, 
                                        ethnicity, and age) with 
                                        respect to each coverage gap 
                                        geographic area and month with 
                                        respect to which the contract 
                                        applies; and
                                            ``(cc) such additional 
                                        information as specified by the 
                                        Secretary for purposes of 
                                        payment, program integrity, 
                                        oversight, quality measurement, 
                                        or such other purpose specified 
                                        by the Secretary; and
                                    ``(IV) perform any other activity 
                                identified by the Secretary;
                            ``(ii) the Secretary shall make payments 
                        (for the claims submitted by the third party 
                        plan administrator and for an economic and 
                        efficient administrative fee) under this 
                        section to the third party plan administrator, 
                        with respect to coverage of each individual 
                        enrolled under the Program in a coverage gap 
                        geographic area with respect to which the third 
                        party plan administrator administers the 
                        Program in an amount determined under the 
                        contract, subject to subclause (VI)(bb) and 
                        paragraph (7); and
                            ``(iii) the provisions of clause (xii) of 
                        section 1903(m)(2)(A) (to the extent such 
                        clause relates to subsections (b), (d), (f), 
                        and (i) of section 1932) shall, to the greatest 
                        extent practicable, apply to the contract, to 
                        the Secretary, and to the third party plan 
                        administrator, with respect to providing 
                        medical assistance under the Federal Medicaid 
                        program with respect to such area (or areas), 
                        in the same manner and to the same extent as 
                        such provisions apply to a contract under 
                        section 1903(m) between a State and an entity 
                        that is a medicaid managed care organization 
                        (as defined in section 1903(m)(1)), to the 
                        State, and to the entity, with respect to 
                        providing medical assistance to individuals 
                        eligible for benefits under this title
                    ``(B) Third party plan administrator defined.--For 
                purposes of this section, the term `third party plan 
                administrator' means an entity that satisfies such 
                requirements as established by the Secretary, which 
                shall include at least that such an entity administers 
                health plan benefits, pays claims under the plan, 
                establishes provider networks, sets payment rates, and 
                are not risk-bearing entities.
            ``(5) Administrative authority.--The Secretary may take 
        such actions as are necessary to administer this subsection, 
        including by setting network adequacy standards, establishing 
        quality requirements, establishing reporting requirements, 
        limiting administrative costs, and specifying any other program 
        requirements or standards necessary in contracting with 
        specified entities under this subsection, and overseeing such 
        entities, with respect to the administration of the Federal 
        Medicaid program.
            ``(6) Preemption.--In carrying out the duties under a 
        contract entered into under paragraph (1) between the Secretary 
        and a Medicaid managed care organization or a third party plan 
        administrator, with respect to a coverage gap State--
                    ``(A) the Secretary may establish minimum standards 
                and licensure requirements for such a Medicaid managed 
                care organization or third party plan administrator for 
                purposes of carrying out such duties; and
                    ``(B) any provisions of law of that State which 
                relate to the licensing of the organization or 
                administrator and which prohibit the organization or 
                administrator from providing coverage pursuant to a 
                contract under this section shall be superseded.
            ``(7) Penalties.--In the case of an eligible entity with a 
        contract under this section that fails to comply with the 
        requirements of such entity pursuant to this section or such 
        contract, the Secretary may withhold payment (or any portion of 
        such payment) to such entity under this section in accordance 
        with a process specified by the Secretary, impose a corrective 
        action plan on such entity, terminate the contract, or impose a 
        civil monetary penalty on such entity in an amount not to 
        exceed $10,000 for each such failure. In implementing this 
        paragraph, the Secretary shall have the authorities provided 
        the Secretary under section 1932(e) and subparts F and I of 
        part 438 of title 42, Code of Federal Regulations.
            ``(8) Coverage gap geographic area.--For purposes of this 
        section, the term `coverage gap geographic area' means an area 
        of one or more coverage gap States, as specified by the 
        Secretary, or any area within such a State, as specified by the 
        Secretary.
    ``(c) Periodic Data Matching.--The Secretary shall, including 
through contract, periodically verify the income of an individual 
enrolled in the Federal Medicaid program for a year, before the end of 
such year, to determine if there has been any change in the 
individual's eligibility for benefits under the program. For purposes 
of the previous sentence, in the case that, pursuant to such 
verification, an individual is determined to have had a change in 
income that results in such individual no longer be included as an 
individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary 
shall apply the same processes and protections as States are required 
under this title to apply with respect to an individual who is 
determined to have had a change in income that results in such 
individual no longer being included as eligible for medical assistance 
under this title (other than pursuant to this section).
    ``(d) Drug Rebates.--For purposes of subsection (a)(2)(C), in 
applying section 1927, the Secretary shall (either directly or through 
contracts)--
            ``(1) require an eligible entity with a contract under 
        subsection (b) to report the data required to be reported under 
        section 1927(b)(2) by a State agency and require such entity to 
        submit to the Secretary rebate data, utilization data, and any 
        other information that would otherwise be required under 
        section 1927 to be submitted to the Secretary by a State;
            ``(2) shall take such actions as are necessary and develop 
        or adapt such processes and mechanisms as are necessary to 
        report and collect data as is necessary and to bill and track 
        rebates under section 1927, as applied pursuant to subsection 
        (a)(2)(B) for drugs that are provided under the Federal 
        Medicaid program;
            ``(3) provide that the coverage requirements of 
        prescription drugs under the Federal Medicaid program comply 
        with the coverage requirements under section 1927;
            ``(4) require that in order for payment to be available 
        under the Federal Medicaid program or under section 1903(a) for 
        covered outpatient drugs of a manufacturer, the manufacturer 
        must have entered into and have in effect a rebate agreement to 
        provide rebates under section 1927 to the Federal Medicaid 
        program in the same form and manner as the manufacturer is 
        required to provide rebates under an agreement described in 
        section 1927(b) to a State Medicaid program under this title;
            ``(5) require an eligible entity with a contract under 
        subsection (b) to provide for a drug use review program 
        described in subsection (g) of section 1927 in accordance with 
        the requirements applicable to a State under such subsection 
        (g) with respect to a drug use review program; and
            ``(6) adopt a mechanism to prevent the requirements of 
        section 1927 from applying to covered outpatient drugs under 
        the Federal Medicaid program pursuant to this subsection and 
        subsection (a)(2)(C) if such drugs are subject to discounts 
        under section 340B of the Public Health Service Act.
    ``(e) Transitions.--
            ``(1) From exchange plans onto federal medicaid program.--
        The Secretary shall provide for a process under which, in the 
        case of individuals entitled to medical assistance pursuant 
        section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified 
        health plans through an Exchange in a coverage gap State, the 
        Secretary takes such steps as are necessary to transition such 
        individuals to coverage under the Federal Medicaid program. 
        Such process shall apply procedures described in section 
        1943(b)(1)(C) to screen for eligibility and enrollment under 
        the Federal Medicaid program in the same manner as such 
        procedures screen for eligibility and enrollment under 
        qualified health plans through an Exchange established under 
        title I of the Patient Protection and Affordable Care Act.
            ``(2) In case coverage gap state begins providing coverage 
        under state plan.--The Secretary shall provide for a process 
        for, in the case of a coverage gap State in which the State 
        begins to provide medical assistance to individuals described 
        in section 1902(a)(10)(A)(i)(VIII) under the State plan (or 
        waiver of such plan) and the Federal Medicaid program ceases to 
        be offered, transitioning individuals from such program to the 
        State plan (or waiver), as eligible, including a process for 
        transitioning all eligibility redeterminations.
            ``(3) Authority for phase-in.--The Secretary may apply 
        section 1902(a)(34), pursuant to subsection (a)(2)(B) of this 
        section, in accordance with such phased-in implementation as 
        the Secretary deems necessary, but beginning as soon as 
        practicable.
    ``(f) Coordination With and Enrollment Through Exchanges.--The 
Secretary shall take such actions as are necessary to provide, in the 
case of a coverage gap State in which the Federal Medicaid program is 
offered, for the availability of information on, determinations of 
eligibility for, and enrollment in such program through and coordinated 
with the Exchange established with respect to such State under title I 
of the Patient Protection and Affordable Care Act.
    ``(g) Third Party Liability.--The provisions of section 1902(a)(25) 
shall apply with respect to the Federal Medicaid program, the 
Secretary, and the eligible entities with a contract under subsection 
(b) in the same manner as such provisions apply with respect to State 
plans under this title (or waiver of such plans) and the State or local 
agency administering such plan (or waiver). The Secretary may specify a 
timeline (which may include a phase-in) for implementing this 
subsection.
    ``(h) Fraud And Abuse Provisions.--Provisions of law (other than 
criminal law provisions) identified by the Secretary, in consultation 
(as appropriate) with the Inspector General of the Department of Health 
and Human Services, that impose sanctions with respect to waste, fraud, 
and abuse under this title or title XI, such as the False Claims Act 
(31 U.S.C. 3729 et seq.), as well as provisions of law (other than 
criminal law provisions) identified by the Secretary that provide 
oversight authority, shall also apply to the Federal Medicaid program.
    ``(i) Maintenance of Effort.--
            ``(1) Payment.--
                    ``(A) In general.--In the case of a State that, as 
                of January 1, 2022, is expending amounts for all 
                individuals described in section 
                1902(a)(10)(A)(i)(VIII) under the State plan (or waiver 
                of such plan) and that stops expending amounts for all 
                such individuals under the State plan (or waiver of 
                such plan), such State shall for each quarter beginning 
                after January 1, 2022, during which such State does not 
                expend amounts for all such individuals provide for 
                payment under this subsection to the Secretary of the 
                product of--
                            ``(i) 10 percent of, subject to 
                        subparagraph (B), the average monthly per 
                        capita costs expended under the State plan (or 
                        waiver of such plan) for such individuals 
                        during the most recent previous quarter with 
                        respect to which the State expended amounts for 
                        all such individuals; and
                            ``(ii) the sum, for each month during such 
                        quarter, of the number of individuals enrolled 
                        under such program in such State.
                    ``(B) Annual increase.--For purposes of 
                subparagraph (A), in the case of a State with respect 
                to which such subparagraph applies with respect to a 
                period of consecutive quarters occurring during more 
                than one calendar year, for such consecutive quarters 
                occurring during the second of such calendar years or a 
                subsequent calendar year, the average monthly per 
                capita costs for each such quarter for such State 
                determined under subparagraph (A)(i), or this 
                subparagraph, shall be annually increased by the 
                Secretary by the percentage increase in Medicaid 
                spending under this title during the preceding year (as 
                determined based on the most recent National Health 
                Expenditure data with respect to such year).
            ``(2) Form and manner of payment.--Payment under paragraph 
        (1) shall be made in a form and manner specified by the 
        Secretary.
            ``(3) Compliance.--If a State fails to pay to the Secretary 
        an amount required under paragraph (1), interest shall accrue 
        on such amount at the rate provided under section 1903(d)(5). 
        The amount so owed and applicable interest shall be immediately 
        offset against amounts otherwise payable to the State under 
        section 1903(a), in accordance with the Federal Claims 
        Collection Act of 1996 and applicable regulations.
            ``(4) Data match.--The Secretary shall perform such 
        periodic data matches as may be necessary to identify and 
        compute the number of individuals enrolled under the Federal 
        Medicaid program under section 1948 in a coverage gap State (as 
        referenced in subsection (a) of such section) for purposes of 
        computing the amount under paragraph (1).
            ``(5) Notice.--The Secretary shall notify each State 
        described in paragraph (1) not later than a date specified by 
        the Secretary that is before the beginning of each quarter 
        (beginning with 2022) of the amount computed under paragraph 
        (1) for the State for that year.
    ``(j) Appropriations.--In addition to amounts otherwise available, 
there is appropriated, out of any funds in the Treasury not otherwise 
appropriated, for each fiscal year such sums as are necessary to carry 
out subsections (a) through (i) of this section.''.
    (b) Drug Rebate Conforming Amendment.--Section 1927(a)(1) of the 
Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended in the first 
sentence--
            (1) by striking ``or under part B of title XVIII'' and 
        inserting ``, under the Federal Medicaid program under section 
        1948, or under part B of title XVIII''; and
            (2) by inserting ``including as such subsection is applied 
        pursuant to subsections (a)(2)(C) and (d) of section 1948 with 
        respect to the Federal Medicaid program,'' before ``and must 
        meet''.

 PART 2--EXPANDING ACCESS TO MEDICAID HOME AND COMMUNITY-BASED SERVICES

SEC. 30711. DEFINITIONS.

    In this part:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Energy and Commerce of the House of Representatives, the 
        Committee on Finance of the Senate, the Committee on Health, 
        Education, Labor and Pensions of the Senate, and the Special 
        Committee on Aging of the Senate.
            (2) Direct care worker.--The term ``direct care worker'' 
        means, with respect to a State, any of the following 
        individuals who by contract, by receipt of payment for care, or 
        as a result of the operation of law, provides directly to 
        Medicaid eligible individuals home and community-based services 
        available under the State Medicaid program:
                    (A) A registered nurse, licensed practical nurse, 
                nurse practitioner, or clinical nurse specialist who 
                provides licensed nursing services, or a licensed 
                nursing assistant who provides such services under the 
                supervision of a registered nurse, licensed practical 
                nurse, nurse practitioner, or clinical nurse 
                specialist.
                    (B) A direct support professional.
                    (C) A personal care attendant.
                    (D) A home health aide.
                    (E) Any other paid health care professional or 
                worker determined to be appropriate by the State and 
                approved by the Secretary.
            (3) HCBS program improvement state.--The term ``HCBS 
        program improvement State'' means a State that is awarded a 
        planning grant under section 1011(a) and has an HCBS 
        improvement plan approved by the Secretary under section 
        1011(d).
            (4) Health plan.--The term ``health plan'' means any of the 
        following entities that provide or arrange for home and 
        community-based services for Medicaid eligible individuals who 
        are enrolled with the entities under a contract with a State:
                    (A) A medicaid managed care organization, as 
                defined in section 1903(m)(1)(A) of the Social Security 
                Act (42 U.S.C. 1396b(m)(1)(A)).
                    (B) A prepaid inpatient health plan or prepaid 
                ambulatory health plan, as defined in section 438.2 of 
                title 42, Code of Federal Regulations (or any successor 
                regulation)).
                    (C) Any other entity determined to be appropriate 
                by the State and approved by the Secretary.
            (5) Home and community-based services.--The term ``home and 
        community-based services'' means any of the following (whether 
        provided on a fee-for-service, risk, or other basis):
                    (A) Home health care services authorized under 
                paragraph (7) of section 1905(a) of the Social Security 
                Act (42 U.S.C. 1396d(a)).
                    (B) Private duty nursing services authorized under 
                paragraph (8) of such section, when such services are 
                provided in a Medicaid eligible individual's home.
                    (C) Personal care services authorized under 
                paragraph (24) of such section.
                    (D) PACE services authorized under paragraph (26) 
                of such section.
                    (E) Home and community-based services authorized 
                under subsections (b), (c), (i), (j), and (k) of 
                section 1915 of such Act (42 U.S.C. 1396n), authorized 
                under a waiver under section 1115 of such Act (42 
                U.S.C. 1315), or provided through coverage authorized 
                under section 1937 of such Act (42 U.S.C. 1396u-7).
                    (F) Case management services authorized under 
                section 1905(a)(19) of the Social Security Act (42 
                U.S.C. 1396d(a)(19)) and section 1915(g) of such Act 
                (42 U.S.C. 1396n(g)).
                    (G) Rehabilitative services, including those 
                related to behavioral health, described in section 
                1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)).
                    (H) Self-directed personal assistance services 
                authorized under section 1915(j) of the Social Security 
                Act (42 U.S.C. 1396n(j)).
                    (I) School-based services when the school is the 
                location for provision of services if the services 
                are--
                            (i) authorized under section 1905(a) of 
                        such Act (42 U.S.C. 1396d(a)) (or under a 
                        waiver under section 1915(c) or demonstration 
                        under section 1115) ; and
                            (ii) described in another subparagraph of 
                        this paragraph.
                    (J) Such other services specified by the Secretary.
            (6) Institutional setting.--The term ``institutional 
        setting'' means--
                    (A) a skilled nursing facility (as defined in 
                section 1819(a) of the Social Security Act (42 U.S.C. 
                1395i-3(a)));
                    (B) a nursing facility (as defined in section 
                1919(a) of such Act (42 U.S.C. 1396r(a)));
                    (C) a long-term care hospital (as described in 
                section 1886(d)(1)(B)(iv) of such Act (42 U.S.C. 
                1395ww(d)(1)(B)(iv)));
                    (D) a facility (or distinct part thereof) described 
                in section 1905(d) of such Act (42 U.S.C. 1396d(d)));
                    (E) an institution (or distinct part thereof) which 
                is a psychiatric hospital (as defined in section 
                1861(f) of such Act (42 U.S.C. 1395x(f))) or that 
                provides inpatient psychiatric services in a 
                residential setting specified by the Secretary;
                    (F) an institution (or distinct part thereof) 
                described in section 1905(i) of such Act (42 U.S.C. 
                1396d(i)); and
                    (G) any other relevant facility, as determined by 
                the Secretary.
            (7) Medicaid eligible individual.--The term ``Medicaid 
        eligible individual'' means an individual who is eligible for 
        and receiving medical assistance under a State Medicaid plan or 
        a waiver such plan. Such term includes an individual who would 
        become eligible for medical assistance and enrolled under a 
        State Medicaid plan, or waiver of such plan, upon removal from 
        a waiting list.
            (8) State medicaid program.--The term ``State Medicaid 
        program'' means, with respect to a State, the State program 
        under title XIX of the Social Security Act (42 U.S.C. 1396 et 
        seq.) (including any waiver or demonstration under such title 
        or under section 1115 of such Act (42 U.S.C. 1315) relating to 
        such title).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (10) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, the Northern Mariana Islands, and American 
        Samoa.

SEC. 30712. HCBS IMPROVEMENT PLANNING GRANTS.

    (a) Funding.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Secretary for fiscal 
        year 2022, out of any money in the Treasury not otherwise 
        appropriated, $130,000,000, to remain available until expended, 
        for carrying out this section.
            (2) Technical assistance and guidance.--The Secretary shall 
        reserve $5,000,000 of the amount appropriated under paragraph 
        (1) for purposes of issuing guidance and providing technical 
        assistance to States intending to apply for, or awarded, a 
        planning grant under this section, and for other administrative 
        expenses related to awarding planning grants under this 
        section.
    (b) Award and Use of Grants.--
            (1) Deadline for award of grants.--From the amount 
        appropriated under subsection (a)(1), the Secretary, not later 
        than 12 months after the date of enactment of this Act, shall 
        solicit State requests for HCBS improvement planning grants and 
        award such grants to all States that meet such requirements as 
        determined by the Secretary.
            (2) Criteria for determining amount of grants.--The 
        Secretary shall take into account the improvements a State 
        would propose to make, consistent with the areas of focus of 
        the HCBS improvement plan requirements described under 
        subsection (c) in determining the amount of the planning grant 
        to be awarded to each State that requests such a grant.
            (3) Use of funds.--A State awarded a planning grant under 
        this section shall use the grant to carry out planning 
        activities for purposes of developing and submitting to the 
        Secretary an HCBS improvement plan for the State that meets the 
        requirements of subsections (c) and (d) in order to expand 
        access to home and community-based services and strengthen the 
        direct care workforce that provides such services. A State may 
        use planning grant funds to support activities related to the 
        implementation of the HCBS improvement plan for the State, 
        collect and report information described in subsection (c), 
        identify areas for improvement to the service delivery systems 
        for home and community-based services, carry out activities 
        related to evaluating payment rates for home and community-
        based services and identifying improvements to update the rate 
        setting process, and for such other purposes as the Secretary 
        shall specify, including the following:
                    (A) Caregiver supports.
                    (B) Addressing social determinants of health (other 
                than housing or homelessness).
                    (C) Promoting equity and addressing health 
                disparities.
                    (D) Promoting community integration and compliance 
                with the home and community-based settings rule 
                published on January 16, 2014, or any successor 
                regulation.
                    (E) Building partnerships.
                    (F) Infrastructure investments (such as case 
                management or other information technology systems).
    (c) HCBS Improvement Plan Requirements.--In order to meet the 
requirements of this subsection, an HCBS improvement plan developed 
using funds awarded to a State under this section shall include, with 
respect to the State and subject to subsection (d), the following:
            (1) Existing medicaid hcbs landscape.--
                    (A) Eligibility and benefits.--A description of the 
                existing standards, pathways, and methodologies for 
                eligibility (which shall be delineated by the State 
                based on eligibility group under the State plan or 
                waiver of such plan) for home and community-based 
                services, including limits on assets and income, the 
                home and community-based services available under the 
                State Medicaid program and the types of settings in 
                which they may be provided, and utilization management 
                standards for such services.
                    (B) Access.--
                            (i) Barriers.--A description of the 
                        barriers to accessing home and community-based 
                        services in the State identified by Medicaid 
                        eligible individuals, the families of such 
                        individuals, and providers of such services, 
                        such as barriers for individuals who wish to 
                        leave institutional settings, individuals 
                        experiencing homelessness or housing 
                        instability, and individuals in geographical 
                        areas of the State with low or no access to 
                        such services.
                            (ii) Availability; unmet need.--A summary, 
                        in accordance with guidance issued by the 
                        Secretary, of the extent to which home and 
                        community-based services are available to all 
                        individuals in the State who would be eligible 
                        for such services under the State Medicaid 
                        program (including individuals who are on a 
                        waitlist for such services).
                    (C) Utilization.--An assessment of the utilization 
                of home and community-based services in the State 
                during such period specified by the Secretary.
                    (D) Service delivery structures and supports.--A 
                description of the service delivery structures for 
                providing home and community-based services in the 
                State, including whether models of self-direction are 
                used and to which Medicaid eligible individuals such 
                models are available, the share of total services that 
                are administered by agencies, the use of managed care 
                and fee-for-service to provide such services, and the 
                supports provided for family caregivers.
                    (E) Workforce.--A description of the direct care 
                workforce that provides home and community-based 
                services, including estimates (and a description of the 
                methodology used to develop such estimates) of the 
                number of full- and part-time direct care workers, the 
                average and range of direct care worker wages, the 
                benefits provided to direct care workers, the turnover 
                and vacancy rates of direct care worker positions, the 
                membership of direct care workers in labor 
                organizations and, to the extent the State has access 
                to such data, demographic information about such 
                workforce, including information on race, ethnicity, 
                and gender.
                    (F) Payment rates.--
                            (i) In general.--A description of the 
                        payment rates for home and community-based 
                        services, including, to the extent applicable, 
                        how payments for such services are factored 
                        into the development of managed care capitation 
                        rates, and when the State last updated payment 
                        rates for home and community-based services, 
                        and the extent to which payment rates are 
                        passed through to direct care worker wages.
                            (ii) Assessment.--An assessment of the 
                        relationship between payment rates for such 
                        services and average beneficiary wait times for 
                        such services, provider-to-beneficiary ratios 
                        in the geographic region.
                    (G) Quality.--A description of how the quality of 
                home and community-based services is measured and 
                monitored.
                    (H) Long-term services and supports provided in 
                institutional settings.--A description of the number of 
                individuals enrolled in the State Medicaid program who 
                receive items and services for greater than 30 days in 
                an institutional setting that is a nursing facility or 
                intermediate care facility, and the demographic 
                information of such individuals who are provided such 
                items and services in such settings.
                    (I) HCBS share of overall medicaid ltss spending.--
                For the most recent State fiscal year for which 
                complete data is available, the percentage of 
                expenditures made by the State under the State Medicaid 
                program for long-term services and supports that are 
                for home and community-based services.
                    (J) Demographic data.--To the extent available and 
                as applicable with respect to the information required 
                under subparagraphs (B),(C), and (H), demographic data 
                for such information, disaggregated by age groups, 
                primary disability, income brackets, gender, race, 
                ethnicity, geography, primary language, and type of 
                service setting.
            (2) Goals for hcbs improvements.--A description of how the 
        State will do the following:
                    (A) Conduct the activities required under 
                subsection (jj) of section 1905 of the Social Security 
                Act(as added under section 30713).
                    (B) Reduce barriers and disparities in access or 
                utilization of home and community-based services in the 
                State.
                    (C) Monitor and report (with supporting data to the 
                extent available and applicable disaggregated by age 
                groups, primary disability, income brackets, gender, 
                race, ethnicity, geography, primary language, and type 
                of service setting, on--
                            (i) access to home and community-based 
                        services under the State Medicaid program, 
                        disparities in access to such services, and the 
                        utilization of such services; and
                            (ii) the amount of State Medicaid 
                        expenditures for home and community-based 
                        services under the State Medicaid program as a 
                        proportion of the total amount of State 
                        expenditures under the State Medicaid program 
                        for long-term services and supports.
                    (D) Monitor and report on wages, benefits, and 
                vacancy and turnover rates for direct care workers.
                    (E) Assess and monitor the sufficiency of payments 
                under the State Medicaid program for the specific types 
                of home and community-based services available under 
                such program for purposes of supporting direct care 
                worker recruitment and retention and ensuring the 
                availability of home and community-based services.
                    (F) Coordinate implementation of the HCBS 
                improvement plan among the State Medicaid agency, 
                agencies serving individuals with disabilities, 
                agencies serving the elderly, and other relevant State 
                and local agencies and organizations that provide 
                related supports, such as those for housing, 
                transportation, employment, and other services and 
                supports.
    (d) Development and Approval Requirements.--
            (1) Development requirements.--In order to meet the 
        requirements of this subsection, a State awarded a planning 
        grant under this section shall develop an HCBS improvement plan 
        for the State with input from stakeholders through a public 
        notice and comment process that includes consultation with 
        Medicaid eligible individuals who are recipients of home and 
        community-based services, family caregivers of such recipients, 
        providers, health plans, direct care workers, chosen 
        representatives of direct care workers, and aging, disability, 
        and workforce advocates.
            (2) Authority to adjust certain plan content 
        requirements.--The Secretary may modify the requirements for 
        any of the information specified in subsection (c)(1) if a 
        State requests a modification and demonstrates to the 
        satisfaction of the Secretary that it is impracticable for the 
        State to collect and submit the information.
            (3) Submission and approval.--Not later than 24 months 
        after the date on which a State is awarded a planning grant 
        under this section, the State shall submit an HCBS improvement 
        plan for approval by the Secretary, along with assurances by 
        the State that the State will implement the plan in accordance 
        with the requirements of the HCBS Improvement Program 
        established under subsection (jj) of section 1905 of the Social 
        Security Act (42 U.S.C. 1396d) (as added by section 30713). The 
        Secretary shall approve and make publicly available the HCBS 
        improvement plan for a State after the plan and such assurances 
        are submitted to the Secretary for approval and the Secretary 
        determines the plan meets the requirements of subsection (c). A 
        State may amend its HCBS improvement plan, subject to the 
        approval of the Secretary that the plan as so amended meets the 
        requirements of subsection (c). The Secretary may withhold or 
        recoup funds provided under this section to a State or pursuant 
        to section 1905(jj) of the Social Security Act, as added by 
        section 30713, if the State fails to implement the HCBS 
        improvement plan of the State or meet applicable deadlines 
        under this section.

SEC. 30713. HCBS IMPROVEMENT PROGRAM.

    (a) Increased FMAP for HCBS Program Improvement States.--Section 
1905 of the Social Security Act (42 U.S.C. 1396d) is amended--
            (1) in subsection (b), by striking ``and (ii)'' and 
        inserting ``(ii), and (jj)''; and
            (2) by adding at the end the following new subsection:
    ``(jj) Additional Support for HCBS Program Improvement States.--
            ``(1) In general.--
                    ``(A) Additional support.--Subject to paragraph 
                (5), in the case of a State that is an HCBS program 
                improvement State, for each fiscal quarter that begins 
                on or after the first date on which the State is an 
                HCBS program improvement State--
                            ``(i) and for which the State meets the 
                        requirements described in paragraphs (2) and 
                        (4), notwithstanding subsection (b) or (ff), 
                        subject to subparagraph (B), with respect to 
                        amounts expended during the quarter by such 
                        State for medical assistance for home and 
                        community-based services, the Federal medical 
                        assistance percentage for such State and 
                        quarter (as determined for the State under 
                        subsection (b) and, if applicable, increased 
                        under subsection (y), (z), (aa), or (ii), or 
                        section 6008(a) of the Families First 
                        Coronavirus Response Act) shall be increased by 
                        7 percentage points; and
                            ``(ii) with respect to the State meeting 
                        the requirements described in paragraphs (2) 
                        and (4), notwithstanding section 1903(a)(7), 
                        1903(a)(3)(F), and 1903(t), with respect to 
                        amounts expended during the quarter and before 
                        October 1, 2031, for administrative costs for 
                        expanding and enhancing home and community-
                        based services, including for enhancing 
                        Medicaid data and technology infrastructure, 
                        modifying rate setting processes, adopting or 
                        improving training programs for direct care 
                        workers and family caregivers, and adopting, 
                        carrying out, or enhancing programs that 
                        register direct care workers or connect 
                        beneficiaries to direct care workers, the per 
                        centum specified in such section shall be 
                        increased to 80 percent.
                In no case may the application of clause (i) result in 
                the Federal medical assistance percentage determined 
                for a State being more than 95 percent with respect to 
                such expenditures. In no case shall the application of 
                clause (ii) result in a reduction to the per centum 
                otherwise specified without application of such clause. 
                Any increase pursuant to clause (ii) shall be available 
                to a State before the State meets the requirements of 
                paragraphs (2) and (4).
                    ``(B) Additional hcbs improvement efforts.--Subject 
                to paragraph (5), in addition to the increase to the 
                Federal medical assistance percentage under 
                subparagraph (A)(i) for amounts expended during a 
                quarter for medical assistance for home and community-
                based services by an HCBS program improvement State 
                that meets the requirements of paragraphs (2) and (4) 
                for the quarter, the Federal medical assistance 
                percentage for amounts expended by the State during the 
                quarter for medical assistance for home and community-
                based services shall be further increased by 2 
                percentage points (but not to exceed 95 percent) during 
                the first 8 fiscal quarters throughout which the State 
                has implemented and has in effect a program to support 
                self-directed care that meets the requirements of 
                paragraph (3).
                    ``(C) Nonapplication of territorial funding caps.--
                Any payment made to Puerto Rico, the Virgin Islands, 
                Guam, the Northern Mariana Islands, or American Samoa 
                for expenditures that are subject to an increase in the 
                Federal medical assistance percentage under 
                subparagraph (A)(i) or (B), or an increase in an 
                applicable Federal matching percentage under 
                subparagraph (A)(ii), shall not be taken into account 
                for purposes of applying payment limits under 
                subsections (f) and (g) of section 1108.
                    ``(D) Nonapplication to chip efmap.--Any increase 
                described in subparagraph (A) (or payment made for 
                expenditures on medical assistance that are subject to 
                such increase) shall not be taken into account in 
                calculating the enhanced FMAP of a State under section 
                2105.
            ``(2) Requirements.--As conditions for receipt of the 
        increase under paragraph (1) to the Federal medical assistance 
        percentage determined for a State, with respect to a fiscal 
        year quarter, the State shall meet each of the following 
        requirements:
                    ``(A) Nonsupplantation.--The State uses the Federal 
                funds attributable to the increase in the Federal 
                medical assistance percentage for amounts expended 
                during a quarter for medical assistance for home and 
                community-based services under subparagraphs (A) and, 
                if applicable, (B) of paragraph (1) to supplement, and 
                not supplant, the level of State funds expended for 
                home and community-based services for eligible 
                individuals through programs in effect as of the date 
                the State is awarded a planning grant under section 
                30712 of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 
                14'. In applying this subparagraph, the Secretary shall 
                provide that a State shall have a 3-year period to 
                spend any accumulated unspent State funds attributable 
                to the increase described in clause (i) in the Federal 
                medical assistance percentage.
                    ``(B) Maintenance of effort.--
                            ``(i) In general.--The State does not--
                                    ``(I) reduce the amount, duration, 
                                or scope of home and community-based 
                                services available under the State plan 
                                or waiver (relative to the home and 
                                community-based services available 
                                under the plan or waiver as of the date 
                                on which the State was awarded a 
                                planning grant under section 30712 of 
                                the Act titled `An Act to provide for 
                                reconciliation pursuant to title II of 
                                S. Con. Res. 14';
                                    ``(II) reduce payment rates for 
                                home and community-based services lower 
                                than such rates that were in place as 
                                of the date described in subclause (I), 
                                including, to the extent applicable, 
                                payment rates for such services that 
                                are included in managed care capitation 
                                rates; or
                                    ``(III) except to the extent 
                                permitted under clause (ii), adopt more 
                                restrictive standards, methodologies, 
                                or procedures for determining 
                                eligibility, benefits, or services for 
                                receipt of home and community-based 
                                services, including with respect to 
                                cost-sharing, than the standards, 
                                methodologies, or procedures applicable 
                                as of such date.
                            ``(ii) Flexibility to support innovative 
                        models.--A State may make modifications that 
                        would otherwise violate the maintenance of 
                        effort described in clause (i) if the State 
                        demonstrates to the satisfaction of the 
                        Secretary that such modifications shall not 
                        result in--
                                    ``(I) home and community-based 
                                services that are less comprehensive or 
                                lower in amount, duration, or scope;
                                    ``(II) fewer individuals (overall 
                                and within particular eligibility 
                                groups and categories) receiving home 
                                and community-based services; or
                                    ``(III) increased cost-sharing for 
                                home and community-based services.
                    ``(C) Access to services.--Not later than an 
                implementation date as specified by the Secretary after 
                the first day of the first fiscal quarter for which a 
                State receives an increase to the Federal medical 
                assistance percentage or other applicable Federal 
                matching percentage under paragraph (1), the State does 
                all of the following to improve access to services:
                            ``(i) Reduce access barriers and 
                        disparities in access or utilization of home 
                        and community-based services, as described in 
                        the State HCBS improvement plan.
                            ``(ii) Provides coverage of personal care 
                        services authorized under subsection (a)(24) 
                        for all individuals eligible for medical 
                        assistance in the State.
                            ``(iii) Provides for navigation of home and 
                        community-based services through `no wrong 
                        door' programs, provides expedited eligibility 
                        for home and community-based services, and 
                        improves home and community-based services 
                        counseling and education programs.
                            ``(iv) Expands access to behavioral health 
                        services as defined in the State's HCBS 
                        improvement plan.
                            ``(v) Improves coordination of home and 
                        community-based services with employment, 
                        housing, and transportation supports.
                            ``(vi) Provides supports to family 
                        caregivers, such as respite care, caregiver 
                        assessments, peer supports, or paid family 
                        caregiving.
                            ``(vii) Adopts, expands eligibility for, or 
                        expands covered items and services provided 
                        under 1 or more eligibility categories 
                        authorized under subclause (XIII), (XV), or 
                        (XVI) of section 1902(a)(10)(A)(ii).
                    ``(D) Strengthened and expanded workforce.--
                            ``(i) In general.--The State strengthens 
                        and expands the direct care workforce that 
                        provides home and community-based services by--
                                    ``(I) adopting processes to ensure 
                                that payments for home and community-
                                based services are sufficient to ensure 
                                that care and services are available to 
                                the extent described in the State HCBS 
                                improvement plan; and
                                    ``(II) updating qualification 
                                standards (as appropriate), and 
                                developing and adopting training 
                                opportunities, for the continuum of 
                                providers of home and community-based 
                                services, including programs for 
                                independent providers of such services 
                                and agency direct care workers, as well 
                                as unique programs and resources for 
                                family caregivers.
                            ``(ii) Payment rates.--In carrying out 
                        clause (i)(I), the State shall--
                                    ``(I) update and increase, as 
                                appropriate, payment rates for delivery 
                                of home and community-based services to 
                                support the recruitment and retention 
                                of the direct care workforce;
                                    ``(II) review and, if necessary to 
                                ensure sufficient access to care, 
                                increase payment rates for home and 
                                community-based services, not less 
                                frequently than once every 3 years, 
                                through a transparent process involving 
                                meaningful input from stakeholders, 
                                including recipients of home and 
                                community-based services, family 
                                caregivers of such recipients, 
                                providers, health plans, direct care 
                                workers, chosen representatives of 
                                direct care workers, and aging, 
                                disability, and workforce advocates; 
                                and
                                    ``(III) ensure that increases in 
                                the payment rates for home and 
                                community-based services--
                                            ``(aa) at a minimum, 
                                        results in a proportionate 
                                        increase to payments for direct 
                                        care workers and in a manner 
                                        that is determined with input 
                                        from the stakeholders described 
                                        in subclause (II); and
                                            ``(bb) incorporate into 
                                        provider payment rates for home 
                                        and community-based services 
                                        provided under this title by a 
                                        managed care entity (as defined 
                                        in section 1932(a)(1)(B)) a 
                                        prepaid inpatient health plan 
                                        or prepaid ambulatory health 
                                        plan, as defined in section 
                                        438.2 of title 42, Code of 
                                        Federal Regulations (or any 
                                        successor regulation)), under a 
                                        contract and paid through 
                                        capitation rates with the 
                                        State.
            ``(3) Self-directed models for the delivery of services.--
        As conditions for receipt of the increase under paragraph 
        (1)(B) to the Federal medical assistance percentage determined 
        for a State, with respect to a fiscal year quarter, the State 
        shall establish directly, or by contract with 1 or more non-
        profit entities, including an agency with choice or a similar 
        service delivery model, a program for the performance of all of 
        the following functions:
                    ``(A) Registering qualified direct care workers and 
                assisting beneficiaries in finding direct care workers.
                    ``(B) Undertaking activities to recruit and train 
                independent providers to enable beneficiaries to direct 
                their own care, including by providing or coordinating 
                training for beneficiaries on self-directed care.
                    ``(C) Ensuring the safety of, and supporting the 
                quality of, care provided to beneficiaries, such as by 
                conducting background checks and addressing complaints 
                reported by recipients of home and community-based 
                services consistent with Fair Hearing requirements and 
                prior notice of service reductions, including under 
                subpart F of part 438 of title 42, Code of Federal 
                Regulations and section 438.71(d) of such title.
                    ``(D) Facilitating coordination between State and 
                local agencies and direct care workers for matters of 
                public health, training opportunities, changes in 
                program requirements, workplace health and safety, or 
                related matters.
                    ``(E) Supporting beneficiary hiring, if selected by 
                the beneficiary, of independent providers of home and 
                community-based services, including by processing 
                applicable tax information, collecting and processing 
                timesheets, submitting claims and processing payments 
                to such providers.
                    ``(F) To the extent a State permits beneficiaries 
                to hire a family member or individual with whom they 
                have an existing relationship to provide home and 
                community-based service, providing support to 
                beneficiaries who wish to hire a caregiver who is a 
                family member or individual with whom they have an 
                existing relationship, such as by facilitating 
                enrollment of such family member or individual as a 
                provider of home and community-based services under the 
                State plan or a waiver of such plan.
                    ``(G) Ensuring that such programs do not 
                discriminate against labor organizations or workers who 
                may join or decline to join a labor organization.
            ``(4) Reporting and oversight.--As conditions for receipt 
        of the increase under paragraph (1) to the Federal medical 
        assistance percentage determined for a State, with respect to a 
        fiscal year quarter, the State shall meet each of the following 
        requirements:
                    ``(A) The State designates (by a date specified by 
                the Secretary) an HCBS ombudsman office that--
                            ``(i) operates independently from the State 
                        Medicaid agency and managed care entities;
                            ``(ii) provides direct assistance to 
                        recipients of home and community-based services 
                        available under the State Medicaid program and 
                        their families; and
                            ``(iii) identifies and reports systemic 
                        problems to State officials, the public, and 
                        the Secretary.
                    ``(B) Beginning with the 5th fiscal quarter for 
                which the State is an HCBS program improvement State, 
                and annually thereafter, the State reports to the 
                Secretary on the state (as of the last quarter before 
                the report) of the components of the home and 
                community-based services landscape described in the 
                State HCBS improvement plan, including with respect 
                to--
                            ``(i) the availability and utilization of 
                        home and community-based services, 
                        disaggregated (to the extent available and as 
                        applicable) by age groups, primary disability, 
                        income brackets, gender, race, ethnicity, 
                        geography, primary language, and type of 
                        service setting;
                            ``(ii) wages, benefits, turnover and 
                        vacancy rates for the direct care workforce;
                            ``(iii) changes in payment rates for home 
                        and community-based services;
                            ``(iv) implementation of the activities to 
                        strengthen and expand access to home and 
                        community-based services and the direct care 
                        workforce that provides such services in 
                        accordance with the requirements of 
                        subparagraphs (C) and (D) of paragraph (2);
                            ``(v) if applicable, implementation of the 
                        activities described in paragraph (3);
                            ``(vi) State expenditures for home and 
                        community-based services under the State plan 
                        or a waiver of such plan as a proportion of the 
                        total amount of State expenditures under the 
                        plan or waiver of such plan for long-term 
                        services and supports; and
                            ``(vii) the challenges in, and best 
                        practices for, expanding access to home and 
                        community-based services, reducing disparities, 
                        and supporting and expanding the direct care 
                        workforce.
            ``(5) Benchmarks for demonstrating improvements.--An HCBS 
        program improvement State shall cease to be eligible for an 
        increase in the Federal medical assistance percentage under 
        paragraph (1)(A)(i) or (1)(B) or an increase in an applicable 
        Federal matching percentage under paragraph (1)(A)(ii) at any 
        time or beginning with the 29th fiscal quarter that begins on 
        or after the first date on which a State is an HCBS program 
        improvement State if the State is found to be out of compliance 
        with paragraph (2)(B) or any other requirement of this 
        subsection and, beginning with such 29th fiscal quarter, 
        unless, not later than 90 days before the first day of such 
        fiscal quarter, the State submits to the Secretary a report 
        demonstrating the following improvements:
                    ``(A) Increased availability (above a marginal 
                increase) of home and community-based services in the 
                State relative to such availability as reported in the 
                State HCBS improvement plan and adjusted for 
                demographic changes in the State since the submission 
                of such plan.
                    ``(B) Reduced disparities in the utilization and 
                availability of home and community-based services 
                relative to the availability and utilization of such 
                services by such populations as reported in such plan 
                according to age groups, primary disability, income 
                brackets, gender, race, ethnicity, geography, primary 
                language, and type of service setting (to the extent 
                available and applicable), and adjusted for demographic 
                changes in the State since the submission of such plan.
                    ``(C) Evidence that rates are sufficient to ensure 
                access to items and services for individuals eligible 
                for HCBS in such State.
                    ``(D) With respect to the percentage of 
                expenditures made by the State for long-term services 
                and supports that are for home and community-based 
                services, in the case of an HCBS program improvement 
                State for which such percentage (as reported in the 
                State HCBS improvement plan) was--
                            ``(i) less than 50 percent, the State 
                        demonstrates that the percentage of such 
                        expenditures has increased to at least 50 
                        percent since the plan was approved; and
                            ``(ii) at least 50 percent, the State 
                        demonstrates that such percentage has not 
                        decreased since the plan was approved.
            ``(6) Definitions.--In this subsection, the terms `State 
        Medicaid plan', `direct care worker', `HCBS program improvement 
        State', and `home and community-based services' have the 
        meaning given those terms in section 30711 of the Act titled 
        `An Act to provide for reconciliation pursuant to title II of 
        S. Con. Res. 14'.''.

SEC. 30714. FUNDING FOR TECHNICAL ASSISTANCE AND OTHER ADMINISTRATIVE 
              REQUIREMENTS RELATED TO MEDICAID HCBS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $35,000,000, to remain 
available until expended, to carry out the following activities:
            (1) To prepare and submit to the appropriate committees of 
        Congress--
                    (A) not later than 4 years after the date of 
                enactment of this Act, a report that includes--
                            (i) a description of the HCBS improvement 
                        plans approved by the Secretary under section 
                        30712(d);
                            (ii) a description (which may be a 
                        narrative report with examples or otherwise) of 
                        the landscape, at both the national and State 
                        levels, with respect to gaps in coverage of 
                        home and community-based services, disparities 
                        in access to, and utilization of, such 
                        services, and barriers to accessing such 
                        services; and
                            (iii) a description of the national 
                        landscape with respect to the direct care 
                        workforce that provides home and community-
                        based services, including with respect to 
                        wages, benefits, and challenges to the 
                        availability of such workers; and
                    (B) not later than 7 years after the date of 
                enactment of this Act, and every 3 years thereafter, a 
                report that includes--
                            (i) the number of HCBS program improvement 
                        States;
                            (ii) a summary of the progress being made 
                        by such States with respect to strengthening 
                        and expanding access to home and community-
                        based services and the direct care workforce 
                        that provides such services and meeting the 
                        benchmarks for demonstrating improvements 
                        required under section 1905(jj)(5) of the 
                        Social Security Act (as added by section 
                        30713);
                            (iii) a summary of States' performance 
                        measures as a part of the home and community-
                        based services core quality measures and 
                        beneficiary and family caregiver surveys; and
                            (iv) a summary of the challenges and best 
                        practices reported by States in expanding 
                        access to home and community-based services and 
                        supporting and expanding the direct care 
                        workforce that provides such services.
            (2) To provide HCBS program improvement States with 
        technical assistance related to carrying out the HCBS 
        improvement plans approved by the Secretary under section 
        30712(d) and meeting the requirements and benchmarks for 
        demonstrating improvements required under section 1905(jj) of 
        the Social Security Act (as added by section 30713), and to 
        issue such guidance or regulations as necessary to carry out 
        this subtitle and the amendments made by this subtitle, 
        including guidance specifying how States shall assess and track 
        access to home and community-based services over time.

SEC. 30715. FUNDING FOR HCBS QUALITY MEASUREMENT AND IMPROVEMENT.

    (a) In General.--Title XI of the Social Security Act (42 U.S.C. 
1301 et seq.) is amended--
            (1) in section 1139A--
                    (A) in subsection (a)(4)(B)--
                            (i) by striking ``Beginning with the annual 
                        State report on fiscal year 2024'' and 
                        inserting the following:
                            ``(i) In general.--Subject to clause (ii), 
                        beginning with the annual State report on 
                        fiscal year 2024''; and
                            (ii) by adding at the end the following new 
                        clause:
                            ``(ii) Reporting hcbs quality measures.--
                        With respect to reporting on information 
                        regarding the quality of home and community-
                        based services provided to children under title 
                        XIX, beginning with the annual State report for 
                        the first fiscal year that begins on or after 
                        the date that is 2 years after the date that 
                        the Secretary publishes the home and community-
                        based services quality measures developed under 
                        subsection (b)(5)(B) the Secretary shall 
                        require States to report such information using 
                        the standardized format for reporting 
                        information and procedures developed under 
                        subparagraph (A) and using such home and 
                        community-based quality measures developed 
                        under subsection (b)(5) (including any updates 
                        or changes to such measures).''; and
                    (B) in subsection (b)(5)--
                            (i) by striking ``Beginning no later than 
                        January 1, 2013'' and inserting the following:
                    ``(A) In general.--Beginning no later than January 
                1, 2013''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
                    ``(B) HCBS quality measures.--Beginning with the 
                first year that begins on the date that is 2 years 
                after the date of enactment of this subparagraph, the 
                core measures described in subsection (a) (and any 
                updates or changes to such measures) shall include home 
                and community-based services quality measures developed 
                by the Secretary in the manner described in section 
                1139B(b)(5)(D). The Secretary may determine which 
                measures are to be included in the core set under this 
                section and which in the core set under section 1139B, 
                based on the differences in health care needs for the 
                relevant populations.''; and
            (2) in section 1139B--
                    (A) in subsection (b)--
                            (i) in paragraph (3), by adding at the end 
                        the following new subparagraph:
                    ``(C) Mandatory reporting with respect to hcbs 
                quality measures.--Beginning with the State report 
                required under subsection (d)(1) for the first year 
                that begins on or after the date that is 2 years after 
                the date that the Secretary publishes the home and 
                community-based quality measures developed under 
                paragraph (5)(D), the Secretary shall require States to 
                report information, using the standardized format for 
                reporting information and procedures developed under 
                subparagraph (A), regarding the quality of home and 
                community-based services for Medicaid eligible adults 
                using either--
                            ``(i) the home and community-based services 
                        quality measures included in the core set of 
                        adult health quality measures under 
                        subparagraph (D), and any updates or changes to 
                        such measures; or
                            ``(ii) an equivalent alternative set of 
                        home and community-based services quality 
                        measures approved by the Secretary.''; and
                            (ii) in paragraph (5), by adding at the end 
                        the following new subparagraph:
                    ``(D) HCBS quality measures.--
                            ``(i) In general.--Beginning with respect 
                        to State reports required under subsection 
                        (d)(1) for the first year that begins on or 
                        after the date that is 2 years after the date 
                        of enactment of this subparagraph, the core set 
                        of adult health quality measures maintained 
                        under this paragraph (and any updates or 
                        changes to such measures) shall include home 
                        and community-based services quality measures 
                        developed in accordance with this subparagraph.
                            ``(ii) Requirements.--
                                    ``(I) Interagency collaboration; 
                                stakeholder input.--In developing (and 
                                subsequently reviewing and updating) 
                                the home and community-based services 
                                quality measures included in the core 
                                set of adult health quality measures 
                                maintained under this paragraph, the 
                                Secretary shall--
                                            ``(aa) collaborate with the 
                                        Administrator of the Centers 
                                        for Medicare & Medicaid 
                                        Services, the Administrator of 
                                        the Administration for 
                                        Community Living, the Director 
                                        of the Agency for Healthcare 
                                        Research and Quality, and the 
                                        Assistant Secretary for Mental 
                                        Health and Substance Use; and
                                            ``(bb) ensure that such 
                                        home and community-based 
                                        services quality measures are 
                                        informed by input from 
                                        stakeholders, including 
                                        recipients of home and 
                                        community-based services, 
                                        family caregivers of such 
                                        recipients, providers, health 
                                        plans, direct care workers, 
                                        chosen representatives of 
                                        direct care workers, and aging, 
                                        disability, and workforce 
                                        advocates.
                                    ``(II) Reflective of full array of 
                                services.--Such home and community-
                                based services quality measures shall--
                                            ``(aa) reflect the full 
                                        array of home and community-
                                        based services and recipients 
                                        of such services; and
                                            ``(bb) include--

                                                    ``(AA) outcomes-
                                                based measures;

                                                    ``(BB) measures of 
                                                availability of 
                                                services;

                                                    ``(CC) measures of 
                                                provider capacity and 
                                                availability;

                                                    ``(DD) measures 
                                                related to person-
                                                centered care;

                                                    ``(EE) measures 
                                                specific to self-
                                                directed care;

                                                    ``(FF) measures 
                                                related to transitions 
                                                to and from 
                                                institutional care; and

                                                    ``(GG) beneficiary 
                                                and family caregiver 
                                                surveys.

                                    ``(III) Demographics.--Such home 
                                and community-based services quality 
                                measures shall allow for the 
                                collection, to the extent available, of 
                                data that is disaggregated by age 
                                groups, primary disability, income 
                                brackets, gender, race, ethnicity, 
                                geography, primary language, and type 
                                of service setting.
                                    ``(IV) Definitions.--For purposes 
                                of this section and section 1139A, the 
                                terms `home and community-based 
                                services', `health plan'; and `direct 
                                care worker' have the meanings given 
                                those terms in section 30711 of the Act 
                                titled `An Act to provide for 
                                reconciliation pursuant to title II of 
                                S. Con. Res. 14'.
                            ``(iii) Funding.--In addition to amounts 
                        otherwise available, there is appropriated to 
                        the Secretary for fiscal year 2022, out of any 
                        money in the Treasury not otherwise 
                        appropriated, $5,000,000, to remain available 
                        until expended, for carrying out this 
                        subparagraph.''; and
                    (B) in subsection (d)(1)(A), by striking ``; and'' 
                and inserting ``and, beginning with the report for the 
                first year that begins after the date that is 2 years 
                after the Secretary publishes the home and community-
                based quality measures developed under subsection 
                (b)(5)(D), home and community-based services quality 
                measures included in the core set of adult health 
                quality measures maintained under subsection (b)(5) and 
                any updates or changes to such measures or an 
                equivalent alternative set of home and community-based 
                services quality measures approved by the Secretary; 
                and''.
    (b) Increased Federal Matching Rate for Adoption and Reporting.--
            (1) In general.--Section 1903(a)(3) of the Social Security 
        Act (42 U.S.C. 1396b(a)(3)) is amended--
                    (A) in subparagraph (F)(ii), by striking ``plus'' 
                after the semicolon and inserting ``and''; and
                    (B) by inserting after subparagraph (F), the 
                following:
                    ``(G) 80 percent of so much of the sums expended 
                during such quarter as are attributable to the 
                reporting of information regarding the quality of home 
                and community-based services in accordance with 
                sections 1139A(a)(4)(B)(ii) and 1139B(b)(3)(C); and''.
            (2) Exemption from territories' payment limits.--Section 
        1108(g)(4) of the Social Security Act is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Additional exemption relating to hcbs quality 
                reporting.--Payments under section 1903(a)(3)(G) shall 
                not be taken into account in applying payment limits 
                under subsection (f) and this subsection.''.

                         PART 3--OTHER MEDICAID

SEC. 30721. PERMANENT EXTENSION OF MEDICAID PROTECTIONS AGAINST SPOUSAL 
              IMPOVERISHMENT FOR RECIPIENTS OF HOME AND COMMUNITY-BASED 
              SERVICES.

    Section 1924(h)(1)(A) of the Social Security Act (42 U.S.C. 1396r-
5(h)(1)(A)) is amended by striking ``(at the option of the State) is 
described in section 1902(a)(10)(A)(ii)(VI)'' and inserting the 
following: ``is eligible for medical assistance for home and community-
based services provided under subsection (c), (d), or (i) of section 
1915 or under a waiver approved under section 1115, or who is eligible 
for such medical assistance by reason of being determined eligible 
under section 1902(a)(10)(C) or by reason of section 1902(f) or 
otherwise on the basis of a reduction of income based on costs incurred 
for medical or other remedial care, or who is eligible for medical 
assistance for home and community-based attendant services and supports 
under section 1915(k)''.

SEC. 30722. PERMANENT EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING 
              DEMONSTRATION.

    (a) In General.--Subsection (h) of section 6071 of the Deficit 
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (I), by inserting ``and'' after 
                the semicolon;
                    (B) by amending subparagraph (J) to read as 
                follows:
                    ``(J) $450,000,000 for each fiscal year after 
                fiscal year 2021.''; and
                    (C) by striking subparagraph (K);
            (2) in paragraph (2), by striking ``September 30, 2023'' 
        and inserting ``September 30 of the subsequent fiscal year''; 
        and
            (3) by adding at the end the following new paragraph:
            ``(3) Technical assistance.--Out of the amounts made 
        available under paragraph (1), for the 3-year period beginning 
        with fiscal year 2022 and for each subsequent 3-year period, 
        $5,000,000 shall be made available for carrying out subsection 
        (f) and (i).''.
    (b) Redistribution of Unexpended Grant Awards.--Subsection (e)(2) 
of section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 
note) is amended by adding at the end the following new sentence: ``Any 
portion of a State grant award for a fiscal year under this section 
that is unexpended by the State at the end of the fourth succeeding 
fiscal year shall be rescinded by the Secretary and added to the 
appropriation for the fifth succeeding fiscal year.''.

SEC. 30723. EXTENDING CONTINUOUS MEDICAID COVERAGE FOR PREGNANT AND 
              POSTPARTUM WOMEN.

    (a) Requiring Full Benefits for Pregnant and Postpartum Women for 
12-month Period Post Pregnancy.--
            (1) In general.--Paragraph (5) of section 1902(e) of the 
        Social Security Act (42 U.S.C. 1396a(e)) is amended--
                    (A) by striking ``(5) A woman who'' and inserting 
                ``(5)(A) For any fiscal year quarter with respect to 
                which the amendments made by section 30723(a)(1)(B) of 
                the Act titled `An Act to provide for reconciliation 
                pursuant to title II of S. Con. Res. 14' do not apply 
                (beginning with the first fiscal year quarter beginning 
                one year after the date of the enactment of such Act), 
                a woman who''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) For any fiscal year quarter (beginning with the first 
        fiscal year quarter beginning one year after the date of the 
        enactment of this subparagraph), any individual who, while 
        pregnant, is eligible for and received medical assistance under 
        the State plan or a waiver of such plan (regardless of the 
        basis for the individual's eligibility for medical assistance 
        and including during a period of retroactive eligibility under 
        subsection (a)(34)), shall remain eligible, notwithstanding 
        section 1916(c)(3) or any other limitation under this title, 
        for medical assistance through the end of the month in which 
        the 12-month period (beginning on the last day of pregnancy of 
        the individual) ends, and such medical assistance shall be in 
        accordance with clauses (i) and (ii) of paragraph (16)(B).''.
            (2) Conforming amendments.--Title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.) is amended--
                    (A) in section 1902(a)(10), in the matter following 
                subparagraph (G), by striking ``(VII) the medical 
                assistance'' and all that follows through ``, (VIII)'' 
                and inserting ``(VIII)'';
                    (B) in section 1902(e)(6), by striking ``In the 
                case of'' and inserting ``For any fiscal year quarter 
                with respect to which the amendments made by section 
                30723(a)(1)(B) of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 14' 
                do not apply (beginning with the first fiscal year 
                quarter beginning one year after the date of the 
                enactment of such Act), in the case of'';
                    (C) in section 1902(l)(1)(A), by striking ``60-day 
                period'' and inserting ``12-month period'';
                    (D) in section 1903(v)(4)(A)--
                            (i) in clause (i), by striking ``60-day 
                        period'' and inserting ``12-month period (or, 
                        for any fiscal year quarter with respect to 
                        which the amendments made by section 
                        30723(a)(1)(B) of the Act titled `An Act to 
                        provide for reconciliation pursuant to title II 
                        of S. Con. Res. 14' do not apply (beginning 
                        with the first fiscal year quarter beginning 
                        one year after the date of the enactment of 
                        such Act), 60-day period)''; and
                            (ii) in clause (ii), by inserting ``and 
                        including an individual to whom section 
                        1902(e)(5)(B) applies, in accordance with such 
                        section, through the end of the month in which 
                        the 12-month period (beginning on the last day 
                        of pregnancy of the individual) ends'' before 
                        the period at the end; and
                    (E) in section 1905(a), in the 4th sentence in the 
                matter following paragraph (31), by striking ``60-day 
                period'' and inserting ``12-month period (or, for any 
                fiscal year quarter with respect to which the 
                amendments made by section 30723(a)(1)(B) of the Act 
                titled `An Act to provide for reconciliation pursuant 
                to title II of S. Con. Res. 14' do not apply (beginning 
                with the first fiscal year quarter beginning one year 
                after the date of the enactment of such Act), 60-day 
                period)''.
    (b) Transition From State Option.--Section 1902(e)(16)(A) of the 
Social Security Act (42 U.S.C. 1396a(e)(16)(A)) is amended by striking 
``At the option of the State'' and inserting ``For any fiscal year 
quarter with respect to which the amendments made by section 
30723(a)(1)(B) of the Act titled `An Act to provide for reconciliation 
pursuant to title II of S. Con. Res. 14' do not apply (beginning with 
the first fiscal year quarter beginning one year after the date of the 
enactment of such Act), at the option of the State''.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect on the 1st day of the 
        1st fiscal year quarter that begins one year after the date of 
        the enactment of this Act and shall apply with respect to 
        medical assistance provided on or after such date.
            (2) Exception for state legislation.--In the case of a 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) that the Secretary of Health and Human 
        Services determines requires State legislation in order for the 
        plan to meet any requirement imposed by amendments made by this 
        section, the plan shall not be regarded as failing to comply 
        with the requirements of such title solely on the basis of its 
        failure to meet such a requirement before the first day of the 
        first calendar quarter beginning after the close of the first 
        regular session of the State legislature that begins after the 
        date of the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of the session shall be considered to be a 
        separate regular session of the State legislature.

SEC. 30724. PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGIBILITY FOR CHILDREN 
              UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1902(e) of the Social Security Act (42 
U.S.C. 1396a(e)) is amended--
            (1) in paragraph (12), by inserting ``before the date of 
        the enactment of paragraph (17)'' after ``subsection 
        (a)(10)(A)''.
            (2) by adding at the end following new paragraph:
            ``(17) 1 year of continuous eligibility for children.--The 
        State plan (or waiver of such State plan) shall provide that an 
        individual who is under the age of 19 and who is determined to 
        be eligible for benefits under a State plan approved under 
        subsection (a)(10)(A) shall remain eligible for such benefits 
        until the earlier of--
                    ``(A) the end of the 12-month period beginning on 
                the date of such determination;
                    ``(B) the time that such individual attains the age 
                of 19; or
                    ``(C) the date that such individual ceases to be a 
                resident of such State.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by subsection (a)(2) shall apply with respect to 
        eligibility determinations or redeterminations made on or after 
        the date of the enactment of this Act.
            (2) Exception for state legislation.--In the case of a 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) that the Secretary of Health and Human 
        Services determines requires State legislation in order for the 
        plan to meet any requirement imposed by amendments made under 
        subsection (a)(2), the plan shall not be regarded as failing to 
        comply with the requirements of such title solely on the basis 
        of its failure to meet such a requirement before the first day 
        of the first calendar quarter beginning after the close of the 
        first regular session of the State legislature that begins 
        after the date of the enactment of this Act. For purposes of 
        the previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session shall be 
        considered to be a separate regular session of the State 
        legislature.

SEC. 30725. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES 
              DURING 30-DAY PERIOD PRECEDING RELEASE.

    The subdivision (A) following paragraph (31) of section 1905(a) of 
the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting 
``and, beginning on the first day of the first fiscal year quarter that 
begins one year after the date of the enactment of the Act titled `An 
Act to provide for reconciliation pursuant to title II of S. Con. Res. 
14', except during the 30-day period preceding the date of release of 
such individual from such public institution'' after ``medical 
institution''.

SEC. 30726. EXTENSION OF CERTAIN PROVISIONS.

    (b) Express Lane Eligibility Option.--Section 1902(e)(13) of the 
Social Security Act (42 U.S.C. 1396a(e)(13)) is amended by striking 
subparagraph (I).
    (c) Conforming Amendments for Assurance of Affordability Standard 
for Children and Families.--Section 1902(gg)(2) of the Social Security 
Act (42 U.S.C. 1396a(gg)(2)) is amended--
            (1) in the paragraph heading, by striking ``through 
        september 30, 2027''; and
            (2) by striking ``through September 30'' and all that 
        follows through ``ends on September 30, 2027'' and inserting 
        ``(but beginning on October 1, 2019,''.

            Subtitle H--Children's Health Insurance Program

SEC. 30801. PERMANENT EXTENSION OF CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) In General.--Section 2104(a)(28) of the Social Security Act (42 
U.S.C. 1397dd(a)(28)) is amended to read as follows:
            ``(28) for fiscal year 2027 and each subsequent year, such 
        sums as are necessary to fund allotments to States under 
        subsection (m).''.
    (b) Allotments.--
            (1) In general.--Section 2104(m) of the Social Security Act 
        (42 U.S.C. 1397dd(m)) is amended--
                    (A) in paragraph (2)(B)(i), by striking ``,, 2023, 
                and 2027'' and inserting ``and 2023'';
                    (B) in paragraph (5)--
                            (i) by striking ``(10), or (11)'' and 
                        inserting ``or (10)'';
                            (ii) by striking ``for a fiscal year'' and 
                        inserting ``for a fiscal year before 2027''; 
                        and
                            (iii) by striking ``2023, or 2027'' and 
                        inserting ``or 2023'';
                    (C) in paragraph (7)--
                            (i) in subparagraph (A), by striking ``and 
                        ending with fiscal year 2027,''; and
                            (ii) in the flush left matter at the end, 
                        by striking ``or fiscal year 2026'' and 
                        inserting ``fiscal year 2026, or a subsequent 
                        even-numbered fiscal year'';
                    (D) in paragraph (9)--
                            (i) by striking ``(10), or (11)'' and 
                        inserting ``or (10)''; and
                            (ii) by striking ``2023, or 2027,'' and 
                        inserting ``or 2023''; and
                    (E) by striking paragraph (11).
            (2) Conforming amendment.--Section 50101(b)(2) of the 
        Bipartisan Budget Act of 2018 (Public Law 115-123) is repealed.

SEC. 30802. PERMANENT EXTENSIONS OF OTHER PROGRAMS AND DEMONSTRATION 
              PROJECTS.

    (a) Pediatric Quality Measures Program.--Section 1139A(i)(1) of the 
Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is amended--
            (1) in subparagraph (C), by striking at the end ``and'';
            (2) in subparagraph (D), by striking the period at the end 
        and insert a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(E) for fiscal year 2028, $15,000,000 for the 
                purpose of carrying out this section (other than 
                subsections (e), (f), and (g)); and
                    ``(F) for a subsequent fiscal year, the amount 
                appropriated under this paragraph for the previous 
                fiscal year, increased by the percentage increase in 
                the consumer price index for all urban consumers (all 
                items; United States city average) over such previous 
                fiscal year, for the purpose of carrying out this 
                section (other than subsections (e), (f), and (g)).''.
    (b) Assurance of Affordability Standard for Children and 
Families.--Section 2105(d)(3) of the Social Security Act (42 U.S.C. 
1397ee(d)(3)) is amended--
            (1) in the paragraph heading, by striking ``through 
        september 30, 2027''; and
            (2) in subparagraph (A)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``During the period that 
                        begins on the date of enactment of the Patient 
                        Protection and Affordable Care Act and ends on 
                        September 30, 2027'' and inserting ``Beginning 
                        on the date of the enactment of the Patient 
                        Protection and Affordable Care Act'';
                            (ii) by striking ``During the period that 
                        begins on October 1, 2019, and ends on 
                        September 30, 2027'' and inserting ``Beginning 
                        on October 1, 2019''; and
                            (iii) by striking ``The preceding sentences 
                        shall not be construed as preventing a State 
                        during any such periods from'' and inserting 
                        ``The preceding sentences shall not be 
                        construed as preventing a State from'';
                    (B) in clause (i), by striking the semicolon at the 
                end and inserting a period;
                    (C) by striking clauses (ii) and (iii); and
                    (D) by striking ``periods from'' and all that 
                follows through ``applying eligibility standards'' and 
                inserting ``periods from applying eligibility 
                standards''.
    (c) Qualifying States Option.--Section 2105(g)(4) of the Social 
Security Act (42 U.S.C. 1397ee(g)(4)) is amended--
            (1) in the paragraph heading, by striking ``for fiscal 
        years 2009 through 2027'' and inserting ``after fiscal year 
        2008''; and
            (2) in subparagraph (A), by striking ``for any of fiscal 
        years 2009 through 2027'' and inserting ``for any fiscal year 
        after fiscal year 2008''.
    (d) Outreach and Enrollment Program.--Section 2113 of the Social 
Security Act (42 U.S.C. 1397mm) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``during the 
                period of fiscal years 2009 through 2027'' and 
                inserting ``, beginning with fiscal year 2009,'';
                    (B) in paragraph (2)--
                            (i) by striking ``10 percent of such 
                        amounts'' and inserting ``10 percent of such 
                        amounts for the period or the fiscal year for 
                        which such amounts are appropriated''; and
                            (ii) by striking ``during such period'' and 
                        inserting ``, during such period or such fiscal 
                        year,''; and
                    (C) in paragraph (3), by striking ``For the period 
                of fiscal years 2024 through 2027, an amount equal to 
                10 percent of such amounts'' and inserting ``Beginning 
                with fiscal year 2024, an amount equal to 10 percent of 
                such amounts for the period or the fiscal year for 
                which such amounts are appropriated''; and
            (2) in subsection (g)--
                    (A) by striking ``2017,,'' and inserting ``2017,'';
                    (B) by striking ``and $48,000,000'' and inserting 
                ``$48,000,000''; and
                    (C) by inserting after ``through 2027'' the 
                following: ``, $60,000,000 for fiscal years 2028, 2029, 
                and 2020, for each 3 fiscal years after fiscal year 
                2030, the amount appropriated under this subsection for 
                the previous fiscal year, increased by the percentage 
                increase in the consumer price index for all urban 
                consumers (all items; United States city average) over 
                such previous fiscal year''.
    (e) Child Enrollment Contingency Fund.--Section 2104(n) of the 
Social Security Act (42 U.S.C. 1397dd(n)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(ii)--
                            (i) by striking ``and 2024 through 2026'' 
                        and inserting ``beginning with fiscal year 
                        2024''; and
                            (ii) by striking ``2023, and 2027'' and 
                        inserting ``and 2023''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``2024 through 2026'' and 
                        inserting ``beginning with fiscal year 2024''; 
                        and
                            (ii) by striking ``2023, and 2027'' and 
                        inserting ``and 2023''; and
            (2) in paragraph (3)(A)--
                    (A) by striking ``fiscal years 2024 through 2026'' 
                and inserting ``fiscal year 2024 or any subsequent 
                fiscal year''; and
                    (B) by striking ``2023, or 2027'' and inserting 
                ``or 2023''.

SEC. 30803. STATE OPTION TO INCREASE CHILDREN'S ELIGIBILITY FOR 
              MEDICAID AND CHIP.

    (a) In General.--Section 2110(b)(1)(B)(ii) of the Social Security 
Act (42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended--
            (1) in subclause (II), by striking ``or'' at the end;
            (2) in subclause (III), by striking ``and'' at the end and 
        inserting ``or''; and
            (3) by inserting after subclause (III) the following new 
        subclause:
                            ``(IV) at the option of the State, whose 
                        family income exceeds the maximum income level 
                        otherwise established for children under the 
                        State child health plan as of the date of the 
                        enactment of this subclause; and''.
    (b) Treatment of Territories.--Section 2104(m)(7) of the Social 
Security Act (42 U.S.C. 1397dd(m)(7)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``the 50 States or the District of Columbia'' and inserting ``a 
        State (including the District of Columbia and each commonwealth 
        and territory)'';
            (2) in subparagraph (B)(ii), by striking ``or District''; 
        and
            (3) in the matter following subparagraph (B), by striking 
        each place it occurs ``or District''.

SEC. 30804. EXTENDING CONTINUOUS CHIP COVERAGE FOR PREGNANT AND 
              POSTPARTUM WOMEN.

    (a) Requiring Full Benefits for Pregnant and Postpartum Women for 
12-month Period Post Pregnancy.--
            (1) In general.--Section 2107(e)(1)(J) of the Social 
        Security Act (42 U.S.C. 1397gg(e)(1)(J)) is amended--
                    (A) by striking ``Paragraphs (5) and (16)'' and 
                inserting ``(i) For any fiscal year quarter with 
                respect to which the amendments made by section 
                30804(a)(1)(B) of the Act titled `An Act to provide for 
                reconciliation pursuant to title II of S. Con. Res. 14' 
                do not apply (beginning with the first fiscal year 
                quarter beginning one year after the date of the 
                enactment of such Act), paragraphs (5)(A) and (16)''; 
                and
                    (B) by adding at the end the following new clause:
                    ``(ii) For any fiscal year quarter (beginning with 
                the first fiscal year quarter beginning one year after 
                the date of the enactment of this clause), section 
                1902(e)(5)(B) (requiring, notwithstanding section 
                2103(e)(3)(C)(ii)(I) or any other limitation under this 
                title, continuous coverage for pregnant and postpartum 
                individuals, including 12 months postpartum, of medical 
                assistance) if the State provides child health 
                assistance for targeted low-income children who are 
                pregnant or to targeted low-income pregnant women, 
                under the State child health plan or waiver, including 
                coverage of all items or services provided to a 
                targeted low-income child or targeted low-income 
                pregnant woman (as applicable) under the State child 
                health plan or waiver).''.
            (2) Conforming amendments.--Section 2112 of the Social 
        Security Act (42 U.S.C. 1397ll) is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1), by inserting ``and 
                        includes, through application of section 
                        1902(e)(5)(B) pursuant to section 
                        2107(e)(1)(J)(ii), continuous coverage for 
                        pregnant and postpartum individuals, including 
                        12 months postpartum of assistance'' before the 
                        period at the end; and
                            (ii) in paragraph (2), by striking ``60-day 
                        period'' and all that follows through ``ends'' 
                        and inserting ``12-month period (or, for any 
                        fiscal year quarter with respect to which the 
                        amendments made by section 30804(a)(1)(B) of 
                        the Act titled `An Act to provide for 
                        reconciliation pursuant to title II of S. Con. 
                        Res. 14' do not apply (beginning with the first 
                        fiscal year quarter beginning one year after 
                        the date of the enactment of such Act), 60-day 
                        period) (beginning on the last day of her 
                        pregnancy) ends''; and
                    (B) in subsection (f)(2), by striking ``60-day 
                period'' and inserting ``12-month period (or, for any 
                fiscal year quarter with respect to which the 
                amendments made by section 30804(a)(1)(B) of the Act 
                titled `An Act to provide for reconciliation pursuant 
                to title II of S. Con. Res. 14' do not apply (beginning 
                with the first fiscal year quarter beginning one year 
                after the date of the enactment of such Act), 60-day 
                period)''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by this section shall take effect on the 1st day of the 
        1st fiscal year quarter that begins one year after the date of 
        the enactment of this Act and shall apply with respect to child 
        health assistance and pregnancy-related assistance, as 
        applicable, provided on or after such date.
            (2) Exception for state legislation.--In the case of a 
        State child health plan under title XXI of the Social Security 
        Act (42 U.S.C. 1397aa et seq.) that the Secretary of Health and 
        Human Services determines requires State legislation in order 
        for the plan to meet any requirement imposed by amendments made 
        under this section, the plan shall not be regarded as failing 
        to comply with the requirements of such title solely on the 
        basis of its failure to meet such a requirement before the 
        first day of the first calendar quarter beginning after the 
        close of the first regular session of the State legislature 
        that begins after the date of the enactment of this Act. For 
        purposes of the previous sentence, in the case of a State that 
        has a 2-year legislative session, each year of the session 
        shall be considered to be a separate regular session of the 
        State legislature.

SEC. 30805. PROVIDING FOR 1 YEAR OF CONTINUOUS ELIGIBILITY FOR CHILDREN 
              UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM.

    Section 2107(e)(1) of the Social Security Act (42 U.S.C. 
1397gg(e)(1)) is amended--
            (1) by redesignating subparagraphs (K) through (T) as 
        subparagraphs (L) through (U), respectively; and
            (2) by inserting after subparagraph (J) the following new 
        subparagraph:
                    ``(K) Section 1902(e)(17) (relating to 1 year of 
                continuous eligibility for children).''.

 Subtitle I--Medicare Coverage of Dental, Hearing, and Vision Services

SEC. 30901. 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 
        semicolon 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 subsequent 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 pursuant 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 
        following:
                    ``(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 
        subsequent year, the Secretary shall specify--
                    ``(A) basic treatments (which may include basic 
                tooth restorations, basic periodontal services, tooth 
                extractions, and oral disease management services); and
                    ``(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 
        professional' means, with respect to dental and oral health 
        services, a health professional (other than a doctor of dental 
        surgery 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)), as amended by section 30511(b), is 
        further 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 ``(EE)''; and
                    (C) by inserting before the semicolon at the end 
                the following: ``and (FF) 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 
        Social 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 Services.--
            ``(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 (specified 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 
                Secretary, an amount specified by the Secretary for 
                such service under a fee schedule determined 
                appropriate by the Secretary, taking into account fee 
                schedules for such services--
                            ``(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.
            ``(2) Applicable percent.--For purposes of paragraph (1), 
        the applicable percent specified in this paragraph is, with 
        respect to dental and oral health services (as defined in 
        section 1861(lll)) furnished in a year--
                    ``(A) that are preventive and screening services 
                described in paragraph (2) or basic treatments 
                specified for such year pursuant to paragraph (3)(A) of 
                such section, 80 percent; and
                    ``(B) that are major treatments specified for such 
                year pursuant to paragraph (3)(B) of such section--
                            ``(i) in the case such services are 
                        furnished during 2028, 10 percent;
                            ``(ii) in the case such services are 
                        furnished during 2029 or a subsequent year 
                        before 2032, the applicable percent specified 
                        under this subparagraph for the previous year, 
                        increased by 10 percentage points; and
                            ``(iii) in the case such services are 
                        furnished during 2032 or a subsequent year, 50 
                        percent.
            ``(3) Limitations.--With respect to dental and oral health 
        services that are--
                    ``(A) preventive and screening oral exams, payment 
                may be made under this part for not more than two such 
                exams during a 12-month period;
                    ``(B) dental cleanings, payment may be made under 
                this part for not more than two such cleanings during a 
                12-month period; and
                    ``(C) not described in subparagraph (A) or (B), 
                payment may be made under this part only at such 
                frequencies and under such circumstances determined 
                appropriate by the Secretary.
            ``(4) Use of bundled payments.--The Secretary may make 
        payment for dentures and associated professional services, and 
        for any other dental and oral health services, as bundled 
        payments as the Secretary determines appropriate.
            ``(5) Limitation on judicial review.--There shall be no 
        administrative or judicial review under section 1869 or 
        otherwise of--
                    ``(A) the determination of payment amounts under 
                this subsection for dental and oral health services and 
                under subsection (h)(6) or subsection (z)(4) for 
                dentures;
                    ``(B) the determination of what services are basic 
                and major services under subparagraphs (A) and (B) of 
                section 1861(lll)(3); or
                    ``(C) the determination of the frequency and 
                circumstance limitations for dental and oral health 
                services under paragraph (3)(C).''.
    (d) Payment Under Physician Fee Schedule.--
            (1) In general.--Section 1848(j)(3) of the Social Security 
        Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting 
        ``(2)(II),'' before ``(3)''.
            (2) Exclusion from mips.--Section 1848(q)(1)(C)(ii) of the 
        Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(ii)) is 
        amended--
                    (A) in subclause (II), by striking ``or'' at the 
                end;
                    (B) in subclause (III), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(IV) with respect to 2028 and 
                                each subsequent year, is a doctor of 
                                dental surgery or of dental medicine 
                                (as described in section 1861(r)(2)) or 
                                is an oral health professional (as 
                                defined in section 1861(lll)(4)).''.
            (3) Inclusion of oral health professionals as certain 
        practitioners.--Section 1842(b)(18)(C) of the Social Security 
        Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end 
        the following new clause:
            ``(vii) With respect to 2028 and each subsequent year, an 
        oral health professional (as defined in section 
        1861(lll)(4)).''.
    (e) Dentures.--
            (1) In general.--Section 1861(s)(8) of the Social Security 
        Act (42 U.S.C. 1395x(s)(8)) is amended--
                    (A) by striking ``(other than dental)''; and
                    (B) by inserting ``and excluding dental, except for 
                a full or partial set of dentures (as described in 
                section 1834(h)(6)) furnished on or after January 1, 
                2028'' after ``colostomy care''.
            (2) Special payment rules.--
                    (A) Limitations.--Section 1834(h) of the Social 
                Security Act (42 U.S.C. 1395m(h)) is amended by adding 
                at the end the following new paragraph:
            ``(6) Special payment rule for dentures.--Payment may be 
        made under this part with respect to an individual for 
        dentures--
                    ``(A) not more than once during any 5-year period 
                (except in the case that a doctor described in section 
                1861(lll)(1)(A) determines such dentures do not fit the 
                individual); and
                    ``(B) only to the extent that such dentures are 
                furnished pursuant to a written order of such a doctor 
                or professional.''.
                    (B) Application of competitive acquisition.--
                            (i) In general.--Section 1834(h)(1)(H) of 
                        the Social Security Act (42 U.S.C. 
                        1395m(h)(1)(H)) is amended--
                                    (I) in the subparagraph heading, by 
                                inserting ``, dentures'' after 
                                ``orthotics'';
                                    (II) by inserting ``, of dentures 
                                described in paragraph (2)(D) of such 
                                section,'' after ``2011,''; and
                                    (III) in clause (i), by inserting 
                                ``, such dentures'' after 
                                ``orthotics''.
                            (ii) Conforming amendment.--Section 
                        1847(a)(2) of the Social Security Act (42 
                        U.S.C. 1395w-3(a)(2)) is amended by adding at 
                        the end the following new subparagraph:
                    ``(D) Dentures.--Dentures described in section 
                1861(s)(8) for which payment would otherwise be made 
                under section 1834(h).''.
                            (iii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)) is amended by adding at the end the 
                        following new subparagraph:
                    ``(C) Certain dentures.--Those items and services 
                described in paragraph (2)(D) if furnished by a 
                physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
    (f) Exclusion Modifications.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (O), by striking ``and'' at the 
                end;
                    (B) in subparagraph (P), by striking the semicolon 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(Q) in the case of dental and oral health services (as 
        defined in section 1861(lll)) that are preventive and screening 
        services described in paragraph (2) of such section, which are 
        furnished more frequently than provided under section 
        1834(z)(3) or under circumstances other than circumstances 
        determined appropriate under subparagraph (C) of such 
        section;''; and
            (2) in paragraph (12), by inserting before the semicolon at 
        the end the following: ``and except that payment may be made 
        under part B for dental and oral health services that are 
        covered under section 1861(s)(2)(II) and for dentures under 
        section 1861(s)(8)''.
    (g) Certain Non-application.--
            (1) In general.--Paragraphs (1) and (4) of section 1839(a) 
        of the Social Security Act (42 U.S.C. 1395r(a)) are amended by 
        adding at the end of each such paragraphs the following: ``In 
        applying this paragraph there shall not be taken into account 
        benefits and administrative costs attributable to the 
        amendments made by section 30901 (other than subsection (g)) of 
        the Act titled `An Act to provide for reconciliation pursuant 
        to title II of S. Con. Res. 14' and the Government contribution 
        under section 1844(a)(5)''.
            (2) Payment.--Section 1844(a) of such Act (42 U.S.C. 
        1395w(a)) is amended--
                    (A) in paragraph (4), by striking the period at the 
                end and inserting ``; plus'';
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) a Government contribution equal to the amount that is 
        estimated to be payable for benefits and related administrative 
        costs incurred that are attributable to the amendments made by 
        section 30901 (other than subsection (g)) of the Act titled `An 
        Act to provide for reconciliation pursuant to title II of S. 
        Con. Res. 14' .''; and
                    (C) in the flush matter at the end, by striking 
                ``paragraph (4)'' and inserting ``paragraphs (4) and 
                (5)''.
    (h) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 through 2028 for purposes of implementing 
                        the amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                30902 and 30903.
            (2) Administration.--The Secretary may implement, by 
        program instruction or otherwise, any of the provisions of, or 
        amendments made by, this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

SEC. 30902. PROVIDING COVERAGE FOR HEARING CARE UNDER THE MEDICARE 
              PROGRAM.

    (a) Provision of Aural Rehabilitation and Treatment Services by 
Qualified Audiologists.--Section 1861(ll)(3) of the Social Security Act 
(42 U.S.C. 1395x(ll)(3)) is amended by inserting ``(and, beginning 
October 1, 2023, such aural rehabilitation and treatment services)'' 
after ``assessment services''.
    (b) Coverage of Hearing Aids.--
            (1) Inclusion of hearing aids as prosthetic devices.--
        Section 1861(s)(8) of the Social Security Act (42 U.S.C. 
        1395x(s)(8)) is amended by inserting ``, and including hearing 
        aids (as described in section 1834(h)(7)) furnished on or after 
        October 1, 2023, to individuals diagnosed with profound or 
        severe hearing loss'' before the semicolon at the end.
            (2) Payment limitations for hearing aids.--Section 1834(h) 
        of the Social Security Act (42 U.S.C. 1395m(h)), as amended by 
        section 30901(e)(2)(A), is further amended by adding at the end 
        the following new paragraph:
            ``(7) Limitations for hearing aids.--
                    ``(A) In general.--Payment may be made under this 
                part with respect to an individual, with respect to 
                hearing aids furnished on or after October 1, 2023--
                            ``(i) not more than once during a 5-year 
                        period;
                            ``(ii) only for types of such hearing aids 
                        that are not over-the-counter hearing aids (as 
                        defined in section 520(q)(1) of the Federal 
                        Food, Drug, and Cosmetic Act) and that are 
                        determined appropriate by the Secretary; and
                            ``(iii) only if furnished pursuant to a 
                        written order of a physician or qualified 
                        audiologist (as defined in section 
                        1861(ll)(4)(B)).
                    ``(B) Limitation on judicial review.--There shall 
                be no administrative or judicial review under section 
                1869 or otherwise of--
                            ``(i) the determination of the types of 
                        hearing aids paid for under subparagraph 
                        (A)(ii); or
                            ``(ii) the determination of fee schedule 
                        rates for hearing aids described in this 
                        paragraph.''.
            (3) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)), as 
                amended by section 30901(e)(2)(B)(i), is further 
                amended--
                            (i) in the header, by inserting ``, hearing 
                        aids'' after ``dentures'';
                            (ii) by inserting ``, of hearing aids 
                        described in paragraph (2)(E) of such 
                        section,'' after ``paragraph (2)(D) of such 
                        section''; and
                            (iii) in clause (i), by inserting ``, such 
                        hearing aids'' after ``such dentures''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)), 
                        as amended by section 30901(e)(2)(B)(ii), is 
                        further amended by adding at the end the 
                        following new subparagraph:
                    ``(E) Hearing aids.--Hearing aids described in 
                section 1861(s)(8) for which payment would otherwise be 
                made under section 1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)), as amended by section 
                        30901(e)(2)(B)(iii), is further amended by 
                        adding at the end the following new 
                        subparagraph:
                    ``(D) Certain hearing aids.--Those items and 
                services described in paragraph (2)(E) if furnished by 
                a physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
            (4) Inclusion of audiologists as certain practitioners to 
        receive payment on an assignment-related basis.--Section 
        1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C)), as amended by section 30901(d)(4), is further 
        amended by adding at the end the following new clause:
                            ``(viii) Beginning October 1, 2023, a 
                        qualified audiologist (as defined in section 
                        1861(ll)(4)(B)).''.
    (c) Exclusion Modification.--Section 1862(a)(7) of the Social 
Security Act (42 U.S.C. 1395y(a)(7)) is amended by inserting ``(except 
such hearing aids or examinations therefor as described in and 
otherwise allowed under section 1861(s)(8))'' after ``hearing aids or 
examinations therefor''.
    (d) Certain Non-application.--
            (1) In general.--The last sentence of section 1839(a)(1) of 
        the Social Security Act (42 U.S.C. 1395r(a)(1)), as added by 
        section 30901(g)(1), is amended by striking ``section 30901 
        (other than subsection (g))'' and inserting ``sections 30901 
        (other than subsection (g)), 30902 (other than subsection 
        (d))''.
            (2) Payment.--Paragraph (4) of section 1844(a) of such Act 
        (42 U.S.C. 1395w(a)), as added by section 30901(g)(2), is 
        amended by striking ``section 30901 (other than subsection 
        (g))'' and inserting ``sections 30901 (other than subsection 
        (g)), 30902 (other than subsection (d))''.
    (e) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 through 2023 for purposes of implementing 
                        the amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                30901 and 30903.
            (2) Administration.--The Secretary may implement, by 
        program instruction or otherwise, any of the provisions of, or 
        amendments made by, this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

SEC. 30903. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE 
              PROGRAM.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)), as amended by section 30901(a), is further 
amended--
            (1) in subparagraph (HH), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (II), by striking the period at the end 
        and adding ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(JJ) vision services (as defined in subsection (mmm));''.
    (b) Vision Services Defined.--Section 1861 of the Social Security 
Act (42 U.S.C. 1395x), as amended by section 30901(b), is further 
amended by adding at the end the following new subsection:
    ``(mmm) Vision Services.--The term `vision services' means--
            ``(1) routine eye examinations to determine the refractive 
        state of the eyes, including procedures performed during the 
        course of such examination; and
            ``(2) contact lens fitting services;
furnished on or after October 1, 2022, by or under the direct 
supervision of an ophthalmologist or optometrist who is legally 
authorized to furnish such examinations, procedures, or fitting 
services (as applicable) under State law (or the State regulatory 
mechanism provided by State law) of the State in which the 
examinations, procedures, or fitting services are furnished.''.
    (c) Payment Limitations.--Section 1834 of the Social Security Act 
(42 U.S.C. 1395m), as amended by section 30901(c)(2), is further 
amended by adding at the end the following new subsection:
    ``(aa) Limitation for Vision Services.--With respect to vision 
services (as defined in section 1861(mmm)) and an individual, payment 
may be made under this part for only 1 routine eye examination 
described in paragraph (1) of such section and 1 contact lens fitting 
service described in paragraph (2) of such section during a 2-year 
period.''.
    (d) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of 
the Social Security Act (42 U.S.C. 1395w-4(j)(3)), as amended by 
section 30901(d)(1), is further amended by inserting ``(2)(JJ),'' 
before ``(3)''.
    (e) Coverage of Conventional Eyeglasses and Contact Lenses.--
            (1) In general.--Section 1861(s)(8) of the Social Security 
        Act (42 U.S.C. 1395x(s)(8)), as amended by section 30902(b)(1), 
        is further amended by striking ``, and including one pair of 
        conventional eyeglasses or contact lenses furnished subsequent 
        to each cataract surgery with insertion of an intraocular 
        lens'' and inserting ``, including one pair of conventional 
        eyeglasses or contact lenses furnished subsequent to each 
        cataract surgery with insertion of an intraocular lens, if 
        furnished before October 1, 2022, and including conventional 
        eyeglasses or contact lenses (as described in section 
        1834(h)(8)), whether or not furnished subsequent to such a 
        surgery, if furnished on or after October 1, 2022''.
            (2) Conforming amendment.--Section 1842(b)(11)(A) of the 
        Social Security Act (42 U.S.C. 1395u(b)(11)(A)) is amended by 
        inserting ``furnished prior to October 1, 2022,'' after 
        ``relating to them,''.
    (f) Special Payment Rules for Eyeglasses and Contact Lenses.--
            (1) Limitations.--Section 1834(h) of the Social Security 
        Act (42 U.S.C. 1395m(h)), as amended by section 30901(e)(2)(A) 
        and section 30902(b)(2), is further amended by adding at the 
        end the following new paragraph:
            ``(8) Payment limitations for eyeglasses and contact 
        lenses.--
                    ``(A) In general.--With respect to eyeglasses and 
                contact lenses furnished to an individual on or after 
                October 1, 2022, subject to subparagraph (B), payment 
                may be made under this part only--
                            ``(i) during a 2-year period, for either 1 
                        pair of eyeglasses (including lenses and 
                        frames) or not more than a 2-year supply of 
                        contact lenses;
                            ``(ii) with respect to amounts attributable 
                        to the lenses and frames of such a pair of 
                        eyeglasses or amounts attributable to such a 2-
                        year supply of contact lenses, in an amount not 
                        greater than--
                                    ``(I) for a pair of eyeglasses 
                                furnished in, or a 2-year supply of 
                                contact lenses beginning in, 2022--
                                            ``(aa) $85 for the lenses 
                                        of such pair of eyeglasses and 
                                        $85 for the frames of such pair 
                                        of eyeglasses; or
                                            ``(bb) $85 for such 2-year 
                                        supply of contact lenses; and
                                    ``(II) for the lenses and frames of 
                                a pair of eyeglasses furnished in, or a 
                                2-year supply of contact lenses 
                                beginning in, a subsequent year, the 
                                dollar amounts specified under this 
                                subparagraph for the previous year, 
                                increased by the percentage change in 
                                the consumer price index for all urban 
                                consumers (United States city average) 
                                for the 12-month period ending with 
                                June of the previous year;
                            ``(iii) if furnished pursuant to a written 
                        order of an ophthalmologist or optometrist 
                        described in subsection (mmm); and
                            ``(iv) if during the 2-year period 
                        described in clause (i), the individual did not 
                        already receive (as described in subparagraph 
                        (B)) one pair of conventional eyeglasses or 
                        contact lenses subsequent to a cataract surgery 
                        with insertion of an intraocular lens furnished 
                        during such period.
                    ``(B) Exception.--With respect to a 2-year period 
                described in subparagraph (A)(i), in the case of an 
                individual who receives cataract surgery with insertion 
                of an intraocular lens, notwithstanding subparagraph 
                (A), payment may be made under this part for one pair 
                of conventional eyeglasses or contact lenses furnished 
                subsequent to such cataract surgery during such period.
                    ``(C) Limitation on judicial review.--There shall 
                be no administrative or judicial review under section 
                1869 or otherwise of--
                            ``(i) the determination of the types of 
                        eyeglasses and contact lenses covered under 
                        this paragraph; or
                            ``(ii) the determination of fee schedule 
                        rates under this subsection for eyeglasses and 
                        contact lenses.''.
            (2) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)), as 
                amended by section 30901(e)(2)(B)(i) and section 
                30902(b)(3)(A), is further amended--
                            (i) in the header by inserting ``, 
                        eyeglasses, and contact lenses'' after 
                        ``hearing aids'';
                            (ii) by inserting ``and of eyeglasses and 
                        contact lenses described in paragraph (2)(F) of 
                        such section,'' after ``paragraph (2)(E) of 
                        such section,''; and
                            (iii) in clause (i), by inserting ``, or 
                        such eyeglasses and contact lenses'' after 
                        ``such hearing aids''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)), 
                        as amended by section 30901(e)(2)(B)(ii) and 
                        section 30902(b)(3)(B)(i), is further amended 
                        by adding at the end the following new 
                        subparagraph:
                    ``(F) Eyeglasses and contact lenses.--Eyeglasses 
                and contact lenses described in section 1861(s)(8) for 
                which payment would otherwise be made under section 
                1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)), as amended by section 
                        30901(e)(2)(B)(iii) and section 
                        30902(b)(3)(B)(ii), is further amended by 
                        adding at the end the following new 
                        subparagraph:
                    ``(E) Certain eyeglasses and contact lenses.--Those 
                items and services described in paragraph (2)(F) if 
                furnished by a physician or other practitioner (as 
                defined by the Secretary) to the physician's or 
                practitioner's own patients as part of the physician's 
                or practitioner's professional service.''.
    (g) Exclusion Modifications.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)), as amended by section 30901(f), is 
further amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (P), by striking ``and'' at the 
                end;
                    (B) in subparagraph (Q), by striking the semicolon 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(R) in the case of vision services (as defined in section 
        1861(mmm)) that are routine eye examinations and contact lens 
        fitting services (as described in paragraph (1) or (2), 
        respectively, of such section), which are furnished more 
        frequently than once during a 2-year period;''; and
            (2) in paragraph (7)--
                    (A) by inserting ``(other than such an examination 
                that is a vision service that is covered under section 
                1861(s)(2)(JJ))'' after ``eye examinations''; and
                    (B) by inserting ``(other than such a procedure 
                that is a vision service that is covered under section 
                1861(s)(2)(JJ))'' after ``refractive state of the 
                eyes''.
    (h) Certain Non-application.--
            (1) In general.--The last sentence of section 1839(a)(1) of 
        the Social Security Act (42 U.S.C. 1395r(a)(1)), as added by 
        section 30901(g)(1) and amended by section 30902(d)(1), is 
        further amended by inserting ``, and 30903 (other than 
        subsection (h))'' after ``30902 (other than subsection (d))''.
            (2) Payment.--Paragraph (4) of section 1844(a) of such Act 
        (42 U.S.C. 1395w(a)), as added by section 30901(g)(2) and 
        amended by section 30902(d)(2), is further amended by inserting 
        ``, and 30903 (other than subsection (h))'' after ``30902 
        (other than subsection (d))''.
    (i) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 and 2023 for purposes of implementing the 
                        amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                30901 and 30902.
            (2) Administration.--The Secretary may implement, by 
        program instruction or otherwise, any of the provisions of, or 
        amendments made by, this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

                       Subtitle J--Public Health

            PART 1--HEALTH CARE INFRASTRUCTURE AND WORKFORCE

SEC. 31001. FUNDING TO SUPPORT CORE PUBLIC HEALTH INFRASTRUCTURE FOR 
              STATE, TERRITORIAL, LOCAL, AND TRIBAL HEALTH DEPARTMENTS 
              AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary of Health and Human Services (in this 
subtitle referred to as the ``Secretary'') for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $7,000,000,000, 
to remain available until expended, to carry out, acting through the 
Director of the Centers for Disease Control and Prevention (in this 
section referred to as the ``Director''), activities described in 
subsection (b).
    (b) Use of Funds.--Amounts made available pursuant to subsection 
(a) shall be used to support core public health infrastructure 
activities to strengthen the public health system of the United States, 
including by awarding grants under this section and expanding and 
improving activities of the Centers for Disease Control and Prevention 
under subsections (c) and (d).
    (c) Grants.--
            (1) Awards.--For the purpose of addressing core public 
        health infrastructure needs, the Secretary shall award--
                    (A) a grant to each State or territorial health 
                department, and to local health departments that serve 
                counties with a population of at least 2,000,000 or 
                cities with a population of at least 400,000 people; 
                and
                    (B) grants on a competitive basis to State, 
                territorial, local, or Tribal health departments.
            (2) Allocation.--Of the total amount of funds awarded as 
        grants under this subsection for a fiscal year--
                    (A) not less than 50 percent shall be for grants to 
                health departments under paragraph (1)(A); and
                    (B) not less than 25 percent shall be for grants to 
                State, local, territorial, or Tribal health departments 
                under paragraph (1)(B).
            (3) Required uses.--
                    (A) Reallocation to local health departments.--A 
                State health department receiving funds under 
                subparagraph (A) or (B) of paragraph (1) shall allocate 
                at least 25 percent of the such funds to local health 
                departments, as applicable, within the State to support 
                contributions of the local health departments to core 
                public health infrastructure.
                    (B) Progress in meeting accreditation standards.--A 
                health department receiving funds under this section 
                that is not accredited shall report to the Secretary on 
                an annual basis how the department is working to meet 
                accreditation standards.
            (4) Formula grants to health departments.--In awarding 
        grants under paragraph (1), the Secretary shall award funds to 
        each health department in accordance with a formula which 
        considers population size, the Social Vulnerability Index of 
        the Centers for Disease Control and Prevention, and other 
        factors as determined by the Secretary.
            (5) Competitive grants to state, territorial, local, and 
        tribal health departments.--In making grants under paragraph 
        (1)(B), the Secretary shall give priority to applicants 
        demonstrating core public health infrastructure needs for all 
        public health agencies in the applicant's jurisdiction.
            (6) Permitted uses.--
                    (A) In general.--The Secretary may make available a 
                subset of the funds available for grants under 
                paragraph (1) for purposes of awarding grants to State, 
                territorial, local, and Tribal health departments for 
                planning or to support public health accreditation.
                    (B) Uses.--Recipients of such grants may use the 
                grant funds to assess core public health infrastructure 
                needs and report to the Centers for Disease Control and 
                Prevention on efforts to achieve accreditation, as 
                applicable.
            (7) Requirements.--To be eligible for a grant under this 
        section, an entity shall--
                    (A) submit an application in such form and 
                containing such information as the Secretary shall 
                require;
                    (B) demonstrate to the satisfaction of the 
                Secretary that--
                            (i) funds received through the grant will 
                        be expended only to supplement, and not 
                        supplant, non-Federal and Federal funds 
                        otherwise available to the entity for the 
                        purpose of addressing core public health 
                        infrastructure needs; and
                            (ii) with respect to activities for which 
                        the grant is awarded, the entity will maintain 
                        expenditures of non-Federal amounts for such 
                        activities at a level not less than the level 
                        of such expenditures maintained by the entity 
                        for fiscal year 2019; and
                    (C) agree to report annually to the Director 
                regarding the use of the grant funds.
    (d) Core Public Health Infrastructure and Activities for the CDC.--
            (1) In general.--The Secretary, acting through the 
        Director, shall expand and improve the core public health 
        infrastructure and activities of the Centers for Disease 
        Control and Prevention to support activities necessary to 
        address unmet, ongoing, and emerging public health needs, 
        including prevention, preparation for, and response to public 
        health emergencies.
            (2) Limitation.--Out of amounts appropriated under 
        subsection (a) to carry out this section for a fiscal year, not 
        more than 25 percent of the funds awarded per fiscal year may 
        be used by the Centers for Disease Control and Prevention to 
        carry out this subsection.
    (e) Definition.--In this section, the term ``core public health 
infrastructure'' includes--
            (1) workforce capacity and competency;
            (2) laboratory systems;
            (3) all hazards public health and preparedness;
            (3) testing capacity, including test platforms, mobile 
        testing units, and personnel;
            (4) health information, health information systems, and 
        health information analysis;
            (5) disease surveillance;
            (6) contact tracing;
            (7) communications;
            (8) financing;
            (9) other relevant components of organizational capacity; 
        and
            (10) other related activities.
    (f) Supplement Not Supplant.--Amounts made available by this 
section shall be used to supplement, and not supplant, amounts 
otherwise made available for the purposes described in this Act.

SEC. 31002. FUNDING FOR HOSPITAL INFRASTRUCTURE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $10,000,000,000, to remain 
available until expended, to carry out subsection (b) consistent with 
enhancing the goals of parts B and C of title XVI of the Public Health 
Service Act (42 U.S.C. 300q et seq.).
    (b) Use of Funds.--From amounts made available under subsection 
(a), the Secretary shall, with priority given to applicants whose 
projects will include, by design, public health emergency preparedness, 
natural disaster emergency preparedness, or cybersecurity against cyber 
threats, award grants to entities described in section 1610(a) of the 
Public Health Service Act (42 U.S.C. 300r(a)) for purposes of 
increasing capacity and updating hospitals and other medical facilities 
in order to better serve communities in need.
    (c) Conditions.--The following requirements of parts B and C of 
title XVI of the Public Health Service Act (42 U.S.C. 300r et seq.) 
shall apply to funds made available under this section:
            (1) The requirements related to reasonable volume of care 
        described under section 1621(b)(1)(K)(ii) of such Act (42 
        U.S.C. 300s-1(b)(1)(K)(ii)).
            (2) Section 1621(b)(1)(I) of such Act (42 U.S.C. 300s-
        1(b)(1)(I)).
            (3) Any other provision of such parts that the Secretary 
        determines (as prescribed by regulation) to be appropriate to 
        carry out this section.

SEC. 31003. FUNDING FOR COMMUNITY HEALTH CENTER CAPITAL GRANTS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $10,000,000,000, to remain 
available until expended, for necessary expenses for awarding grants 
and entering into cooperative agreements for capital projects to health 
centers funded under section 330 of the Public Health Service Act (42 
U.S.C. 254b) to be awarded without regard to the time limitation in 
subsection (e)(3) and subsections (e)(6)(A)(iii), (e)(6)(B)(iii), and 
(r)(2)(B) of such section 330, and for necessary expenses for awarding 
grants and cooperative agreements for capital projects to Federally 
qualified health centers, as described in section 1861(aa)(4)(B) of the 
Social Security Act (42 U.S.C. 1395x(aa)(4)(B)). The Secretary shall 
take such steps as may be necessary to expedite the awarding of such 
grants to Federally qualified health centers for capital projects.
    (b) Use of Funds.--Amounts made available to a recipient of a grant 
or cooperative agreement pursuant to subsection (a) shall be used for 
health center facility alteration, renovation, remodeling, expansion, 
construction, and other capital improvement costs, including the costs 
of amortizing the principal of, and paying interest on, loans for such 
purposes.

SEC. 31004. FUNDING FOR COMMUNITY-BASED CARE INFRASTRUCTURE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $500,000,000, to remain 
available until expended, for purposes of making awards to qualified 
teaching health centers (as defined in section 340H of the Public 
Health Service Act (42 U.S.C. 256h)), behavioral health care centers 
(as defined by the Secretary to include both substance abuse and mental 
health care facilities), and pediatric mental health care providers (as 
used in section 330M(b)(1)(G) of the Public Health Service Act (42 
U.S.C. 254c-19(b)(1)(G))).
    (b) Use of Funds.--Amounts made available pursuant to subsection 
(a) shall be used to support the improvement, renovation, or 
modernization of infrastructure at such centers, including to respond 
to public health emergencies declared under section 319 of the Public 
Health Service Act (42 U.S.C. 247d).

SEC. 31005. FUNDING FOR SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $1,000,000,000, to remain 
available until expended, for purposes of making awards to eligible 
entities for the establishment, improvement, or expansion of an 
allopathic or osteopathic school of medicine, or a branch campus of an 
allopathic or osteopathic school of medicine, consistent with 
subsection (b).
    (b) Use of Funds.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, shall, with 
priority given to minority-serving institutions described in section 
371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), and 
taking into consideration equitable distribution of awards among the 
geographical regions of the United States (which shall include rural 
regions and populations as defined by the Secretary for the purposes of 
this section) and the locations of existing schools of medicine and 
osteopathic medicine, use amounts appropriated by subsection (a) to 
award grants to eligible entities to--
            (1) recruit, enroll, and retain students, including 
        individuals who are from disadvantaged backgrounds (including 
        racial and ethnic groups underrepresented among medical 
        students and health professions), individuals from rural and 
        underserved areas, low-income individuals, and first generation 
        college students (as defined in section 402A(h)(3) of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a-11(h)(3))), at a 
        school of medicine or osteopathic medicine or branch campus of 
        a school of medicine or osteopathic medicine;
            (2) develop, implement, and expand curriculum that 
        emphasizes care for rural and underserved populations, 
        including accessible and culturally appropriate and 
        linguistically appropriate care and services, at such school or 
        branch campus;
            (3) plan and construct a school of medicine or osteopathic 
        medicine in an area in which no other such school or branch 
        campus of such a school is based;
            (4) plan, develop, and meet criteria for accreditation for 
        a school of medicine or osteopathic medicine or branch campus 
        of such a school;
            (5) hire faculty, including faculty from racial and ethnic 
        groups who are underrepresented among the medical and other 
        health professions, and other staff to serve at such a school 
        or branch campus;
            (6) support educational programs at such a school or branch 
        campus, including modernizing curriculum;
            (7) modernize and expand infrastructure at such a school or 
        branch campus; or
            (8) support other activities that the Secretary determines 
        will further the establishment, improvement, or expansion of a 
        school of medicine or osteopathic medicine or branch campus of 
        a school of medicine or osteopathic medicine.
    (c) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means an 
        institution of higher education as defined in section 101 of 
        the Higher Education Act of 1965 (20 U.S.C. 1001).
            (2) Branch campus.--
                    (A) In general.--The term ``branch campus'', with 
                respect to a school of medicine or osteopathic 
                medicine, means an additional location of such school 
                that is geographically apart and independent of the 
                main campus, at which the school offers at least 50 
                percent of the program leading to a degree of doctor of 
                medicine or doctor of osteopathy that is offered at the 
                main campus.
                    (B) Independence from main campus.--For purposes of 
                subparagraph (A), the location of a school described in 
                such subparagraph shall be considered to be independent 
                of the main campus described in such subparagraph if 
                the location--
                            (i) is permanent in nature;
                            (ii) offers courses in educational programs 
                        leading to a degree, certificate, or other 
                        recognized educational credential;
                            (iii) has its own faculty and 
                        administrative or supervisory organization; and
                            (iv) has its own budgetary and hiring 
                        authority.

SEC. 31006. FUNDING FOR NURSING EDUCATION ENHANCEMENT AND MODERNIZATION 
              GRANTS IN UNDERSERVED AREAS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $1,000,000,000, to remain 
available until expended, for purposes of making awards to schools of 
nursing (as defined in section 801 of the Public Health Service Act (42 
U.S.C. 296)) to enhance and modernize nursing education programs and 
increase the number of faculty and students at such schools.
    (b) Use of Funds.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, taking into 
consideration equitable distribution of awards among the geographical 
regions of the United States and the capacity of a school of nursing to 
provide care in underserved areas, shall use amounts appropriated by 
subsection (a) to award grants for purposes of--
            (1) recruiting, enrolling, and retaining students at such 
        school, with a priority for students from disadvantaged 
        backgrounds (including racial or ethnic groups underrepresented 
        in the nursing workforce), individuals from rural and 
        underserved areas, low-income individuals, and first generation 
        college students (as defined in section 402A(h)(3) of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a-11(h)(3)));
            (2) creating, supporting, or modernizing educational 
        programs and curricula at such school;
            (3) retaining current faculty, and hiring new faculty, with 
        an emphasis on faculty from racial or ethnic groups that are 
        underrepresented in the nursing workforce;
            (4) modernizing infrastructure at such school, including 
        audiovisual or other equipment, personal protective equipment, 
        simulation and augmented reality resources, telehealth 
        technologies, and virtual and physical laboratories;
            (5) partnering with a health care facility, nurse-managed 
        health clinic, community health center, or other facility that 
        provides health care, in order to provide educational 
        opportunities for the purpose of establishing or expanding 
        clinical education;
            (6) enhancing and expanding nursing programs that prepare 
        nurse researchers and scientists;
            (7) establishing nurse-led intradisciplinary and 
        interprofessional educational partnerships; or
            (8) other activities that the Secretary determines will 
        further the development, improvement, and expansion of schools 
        of nursing.

SEC. 31007. FUNDING FOR TEACHING HEALTH CENTER GRADUATE MEDICAL 
              EDUCATION.

    (a) In General.--In addition to amounts otherwise available, and 
notwithstanding the limitations referred to in subsections (b)(2) and 
(d)(2) of section 340H of the Public Health Service Act (42 U.S.C. 
256h), there is appropriated to the Secretary for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, 
$6,000,000,000, to remain available until expended, for--
            (1) the program of payments to teaching health centers that 
        operate graduate medical education programs under such section; 
        and
            (2) the award of teaching health center development grants 
        pursuant to section 749A of the Public Health Service Act (42 
        U.S.C. 293l-1).
    (b) Use of Funds.--Amounts made available pursuant to subsection 
(a) shall be used for the following activities:
            (1) For making payments to establish new approved graduate 
        medical residency training programs pursuant to section 
        340H(a)(1)(C) of the Public Health Service Act (42 U.S.C. 
        256h(a)(1)(C)).
            (2) For making payments under section 340H(a)(1)(A) of the 
        Public Health Service Act (42 U.S.C. 256h(a)(1)(A))) to 
        qualified teaching health centers for maintenance of filled 
        positions at existing approved graduate medical residency 
        training programs.
            (3) For making payments under section 340H(a)(1)(B) of the 
        Public Health Service Act (42 U.S.C. 256h(a)(1)(B)) for the 
        expansion of existing approved graduate medical residency 
        training programs.
            (4) For making awards under section 749A of the Public 
        Health Service Act (42 U.S.C. 293l-1) to teaching health 
        centers for the purpose of establishing new accredited or 
        expanded primary care residency programs.
            (5) To provide an increase to the per resident amount 
        described in section 340H(a)(2) of the Public Health Service 
        Act (42 U.S.C. 256h(a)(2)).

SEC. 31008. FUNDING FOR CHILDREN'S HOSPITALS THAT OPERATE GRADUATE 
              MEDICAL EDUCATION PROGRAMS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $250,000,000, to remain available until 
expended, for carrying out section 340E of the Public Health Service 
Act (42 U.S.C. 256e).

SEC. 31009. FUNDING FOR THE NURSE CORPS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $300,000,000, to remain available until 
expended, for carrying out section 846 of the Public Health Service Act 
(42 U.S.C. 297n).

                     PART 2--PANDEMIC PREPAREDNESS

SEC. 31021. FUNDING FOR LABORATORY ACTIVITIES AT THE CENTERS FOR 
              DISEASE CONTROL AND PREVENTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $5,000,000,000 for purposes 
of carrying out, acting through the Director of the Centers for Disease 
Control and Prevention (in this section referred to as the 
``Director''), activities described in subsection (b), to remain 
available until expended.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Supporting renovation, expansion, and modernization of 
        State and local public health laboratory infrastructure (as the 
        term ``laboratory'' is defined in section 353 of the Public 
        Health Service Act (42 U.S.C. 263a)), including--
                    (A) increasing and enhancing testing and response 
                capacity;
                    (B) upgrades and expansion of the Laboratory 
                Response Network for rapid outbreak detection;
                    (C) improving and expanding genomic sequencing 
                capabilities to detect emerging diseases and variant 
                strains;
                    (D) expanding biosafety and biosecurity capacity; 
                and
                    (E) making other laboratory enhancements and 
                modernization as determined by the Director to be 
                important for maintaining public health.
            (2) Renovating, expanding, and modernizing laboratories of 
        the Centers for Disease Control and Prevention as described in 
        subparagraphs (A) through (E) of paragraph (1).
            (3) Enhancing the ability of the Centers for Disease 
        Control and Prevention to monitor and exercise oversight over 
        biosafety and biosecurity of State and local public health 
        laboratories.

SEC. 31022. FUNDING FOR STRENGTHENING VACCINE CONFIDENCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $1,250,000,000, to remain 
available until expended, to carry out, acting through the Director of 
the Centers for Disease Control and Prevention, directly or by making 
grants to public or private entities, activities described in 
subsection (b) in the United States, including its territories and 
possessions.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used to--
            (1) strengthen vaccine confidence;
            (2) strengthen routinely recommended vaccine programs; and
            (3) improve rates of vaccination, including through 
        activities described in section 313 of the Public Health 
        Service Act (42 U.S.C. 245).

SEC. 31023. FUNDING FOR SURVEILLANCE ACTIVITIES AT THE CENTERS FOR 
              DISEASE CONTROL AND PREVENTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $1,000,000,000, to remain 
available until expended, to carry out, acting through the Director of 
the Centers for Disease Control and Prevention, directly or by making 
grants to public or private entities, activities described in 
subsection (b).
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used to--
            (1) enhance and strengthen early warning and detection 
        systems, including public health and health care surveillance, 
        wastewater testing, and global and domestic genomic 
        surveillance;
            (2) enhance and strengthen surveillance based in hospitals 
        and other health care providers or facilities, and outpatient 
        facility surveillance for severe acute respiratory infection, 
        influenza-like illness, acute febrile illness, and other 
        diseases as determined by the Director of the Centers for 
        Disease Control and Prevention to be in the interest of public 
        health; and
            (3) strengthen the antibiotic resistance initiative program 
        to improve research, stewardship, genomic detection 
        capabilities, and surveillance of existing and emerging 
        antimicrobial resistant pathogens.

SEC. 31024. FUNDING FOR DATA MODERNIZATION AT THE CENTERS FOR DISEASE 
              CONTROL AND PREVENTION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $500,000,000, to remain 
available until expended--
            (1) to carry out, acting through the Director of the 
        Centers for Disease Control and Prevention, directly or by 
        making grants to public or private entities, activities 
        described in subsection (b); and
            (2) to supplement other available funds to carry out 
        similar data modernization activities authorized by the Public 
        Health Service Act (42 U.S.C. 201 et seq.).
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following:
            (1) Supporting public health data surveillance, 
        aggregation, and analytics infrastructure modernization 
        initiatives.
            (2) Enhancing reporting and workforce core competencies in 
        informatics and digital health.
            (3) Expanding and maintaining efforts to modernize the 
        United States disease warning system to forecast and track 
        hotspots and emerging biological threats.

SEC. 31025. FUNDING FOR PUBLIC HEALTH AND PREPAREDNESS RESEARCH, 
              DEVELOPMENT, AND COUNTERMEASURE CAPACITY.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, to remain available until 
expended, to carry out activities, acting through the Assistant 
Secretary for Preparedness and Response, to prepare for, and respond 
to, public health emergencies declared under section 319 of the Public 
Health Service Act (42 U.S.C. 247d)--
            (1) $3,000,000,000 to support surge capacity, including 
        through construction, expansion, or modernization of 
        facilities, to respond to a public health emergency, for 
        procurement and domestic manufacture of drugs, active 
        pharmaceutical ingredients, vaccines and other biological 
        products, diagnostic technologies and products, personal 
        protective equipment, medical devices, vials, syringes, 
        needles, and other components or supplies for the Strategic 
        National Stockpile under section 319F-2 of the Public Health 
        Service Act (42 U.S.C. 247d-6b);
            (2) $2,000,000,000 to support expanded global and domestic 
        vaccine production capacity, including by developing or 
        acquiring new technology and expanding manufacturing capacity 
        through construction, expansion, or modernization of 
        facilities;
            (3) $2,000,000,000 to support activities to mitigate supply 
        chain risks and enhance supply chain elasticity and resilience 
        for critical drugs, active pharmaceutical ingredients, and 
        supplies (including essential medicines, medical 
        countermeasures, and supplies in shortage or at risk of 
        shortage), drug and vaccine raw materials, and other supplies, 
        as the Secretary determines appropriate, including 
        construction, expansion, or modernization of facilities, 
        adoption of advanced manufacturing processes, and other 
        activities to support domestic manufacturing of such supplies;
            (4) $500,000,000 to support activities conducted by the 
        Biomedical Advanced Research and Development Authority for 
        advanced research, standards development, and domestic 
        manufacturing capacity for drugs, including essential 
        medicines, diagnostics, vaccines, therapeutics, and personal 
        protective equipment; and
            (5) $500,000,000 to support increased biosafety and 
        biosecurity in research on infectious diseases, including by 
        modernization or improvement of facilities.

                           PART 3--INNOVATION

SEC. 31031. FUNDING FOR ADVANCED RESEARCH PROJECTS FOR HEALTH.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $3,000,000,000, to remain 
available until expended, to establish the Advanced Research Projects 
Agency for Health (in this section referred to as the ``ARPA-H'') for 
purposes of making pivotal investments in breakthrough technologies and 
broadly applicable platforms, capabilities, resources, and solutions 
that have the potential to transform important areas of medicine and 
health for the benefit of all individuals and that cannot readily be 
accomplished through traditional biomedical research or commercial 
activity.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used to--
            (1) hire a Director to head the ARPA-H (for a term of no 
        more than 5 years subject to one renewal period); and
            (2) acting through the Director of the ARPA-H, in 
        consultation, as applicable, with the Director of the National 
        Institutes of Health, the Commissioner of Food and Drugs, the 
        Administrator of the Centers for Medicare & Medicaid Services, 
        the Director of the Biomedical Advanced Research and 
        Development Authority, the Deputy Assistant Secretary for 
        Minority Health, and the heads of other agencies, shall--
                    (A) ensure to the maximum extent practicable that 
                the projects and activities of the ARPA-H funded by 
                subsection (a) are coordinated with, and do not 
                duplicate the efforts of, programs within, or research 
                conducted or supported by, the Department of Health and 
                Human Services; and
                    (B) in using amounts made available by subsection 
                (a), expedite the development, application, and 
                implementation of health breakthroughs to prevent, 
                detect, and treat serious or life-threatening diseases, 
                including--
                            (i) providing awards in the form of grants, 
                        contracts, cooperative agreements, prizes, and 
                        other transactions (as defined under section 
                        402(n) of the Public Health Service Act (42 
                        U.S.C. 282(n))) to entities to carry out 
                        advanced research projects for health, 
                        including through multiyear contracts (subject 
                        to the availability of funds) and prize 
                        competitions;
                            (ii) developing funding criteria and 
                        evaluation criteria to assess projects funded 
                        under clause (i);
                            (iii) establishing metrics or criteria to 
                        prioritize investments and research that should 
                        be funded under clause (i), including the 
                        novelty, scientific, and technical merit of 
                        proposed projects, the future commercial 
                        applications of projects, and the unmet need 
                        within patient populations;
                            (iv) identifying and promoting potential 
                        advances in basic research that will assist in 
                        carrying out advanced health research and 
                        development;
                            (v) identifying areas of research and 
                        innovation that are high-risk, high-reward or 
                        where the incentives of the commercial market 
                        are unlikely to result in adequate or timely 
                        development;
                            (vi) supporting collaboration and 
                        communication among other Federal agencies, 
                        including both health and scientific agencies, 
                        institutions of higher education, private or 
                        public research institutions, private entities, 
                        including biotechnology and pharmaceutical 
                        companies, and nonprofit organizations, 
                        including patient advocacy groups, including 
                        soliciting data, if applicable;
                            (vii) translating scientific discoveries 
                        into technological innovations, including 
                        through--
                                    (I) collaboration with the Food and 
                                Drug Administration on the development 
                                of medical products to facilitate 
                                transformation of breakthroughs in 
                                biomedicine into tangible solutions for 
                                patients; and
                                    (II) ensuring that medical product 
                                development programs gather nonclinical 
                                and clinical data necessary for 
                                approval as efficiently as practicable;
                            (viii) hiring and appointing personnel 
                        necessary to carry out activities described in 
                        this section, including--
                                    (I) making and rescinding 
                                appointments of scientific, medical, 
                                and professional personnel;
                                    (II) designating personnel to serve 
                                as program managers (for terms of no 
                                more than 3 years subject to one 
                                renewal period) to establish research 
                                and development goals for the ARPA-H, 
                                provide project oversight and 
                                management of strategic initiatives, 
                                recommend restructure, expansion, or 
                                termination of research projects under 
                                this section, as necessary and 
                                appropriate, and carry out other 
                                activities described in this 
                                subsection;
                                    (III) recruiting and retaining a 
                                diverse workforce, including 
                                individuals underrepresented in science 
                                and medicine and, racial and ethnic 
                                minorities; and
                                    (IV) hiring and appointing 
                                administrative, financial, and 
                                information technology staff as 
                                necessary to carry out this subsection;
                            (ix) compensating personnel at a rate to be 
                        determined by the Director of the ARPA-H;
                            (x) acquiring (by purchase, lease, 
                        condemnation, or otherwise), constructing, 
                        improving, repairing, operating, and 
                        maintaining such real and personal property as 
                        are necessary to carry out this section; and
                            (xi) entering into or terminating 
                        contracts, including multiyear contracts, as 
                        appropriate to support advanced research 
                        projects for health.
    (c) Funding Awards.--Research funded by amounts made available 
under this section shall not be subject to the requirements of section 
406(a)(3)(A)(ii) or 492 of the Public Health Service Act (42 U.S.C. 
284a(a)(3)(A)(ii), 289a).
    (d) Supplement Not Supplant.--Funds appropriated by this section 
shall be used to supplement and not supplant any appropriations for 
institutes and centers of the National Institutes of Health.

                       PART 4--MATERNAL MORTALITY

SEC. 31041. FUNDING FOR LOCAL ENTITIES ADDRESSING SOCIAL DETERMINANTS 
              OF MATERNAL HEALTH.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $175,000,000, to remain 
available until expended, to award grants to community-based 
organizations, Urban Indian organizations, Native Hawaiian 
organizations, or other nonprofit organizations working with a 
community-based organization, operating in areas with high rates of 
adverse maternal health outcomes or with significant racial or ethnic 
disparities in maternal health outcomes.
    (b) Use of Funding.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Addressing social determinants of maternal health for 
        pregnant and postpartum individuals and eliminating racial and 
        ethnic disparities in maternal health outcomes by--
                    (A) hiring, training, or retaining staff;
                    (B) developing or distributing culturally and 
                linguistically appropriate resources for social 
                services programs;
                    (C) offering programs and resources to address 
                social determinants of health;
                    (D) conducting demonstration projects to address 
                social determinants of health;
                    (E) establishing a culturally and linguistically 
                appropriate resource center that provides multiple 
                social services programs in a single location; and
                    (F) consulting with pregnant and postpartum 
                individuals to conduct an assessment of the activities 
                conducted under this section.
            (2) Promoting evidence-based health literacy and pregnancy, 
        childbirth, and parenting education for pregnant and postpartum 
        individuals, and individuals seeking to become pregnant.
            (3) Providing support from perinatal health workers, 
        support persons, and providers to pregnant and postpartum 
        individuals.
            (4) Providing culturally congruent, linguistically 
        appropriate, and trauma-informed training to perinatal health 
        workers.
            (5) Conducting outreach to eligible entities to encourage 
        such entities to apply for grants under this section.
            (6) Providing technical assistance to the eligible entities 
        receiving funding under this section.
    (c) Minimum for Community-Based Organizations.--Of the amounts made 
available by subsection (a), the Secretary shall award not less than 
$75,000,000 for the Office of Minority Health to award grants to 
community-based organizations to carry out the activities described in 
subsection (b).

SEC. 31042. FUNDING TO GROW AND DIVERSIFY THE NURSING WORKFORCE IN 
              MATERNAL AND PERINATAL HEALTH.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $150,000,000, to remain 
available until expended, for grants to accredited schools of nursing 
for the purpose of growing and diversifying the perinatal nursing 
workforce.
    (b) Uses of Funds.--
            (1) Grantees.--Prioritizing students and registered nurses 
        who practice in a health professional shortage area designated 
        under such section of the Public Health Service Act, amounts 
        made available to grantees by subsection (a) shall be used for 
        the following activities:
                    (A) Providing scholarships to students seeking to 
                become nurse practitioners whose education includes a 
                focus on maternal and perinatal health.
                    (B) Providing scholarships to students seeking to 
                become clinical nurse specialists whose education 
                includes a focus on maternal and perinatal health.
                    (C) Providing scholarships to students seeking to 
                become certified nurse midwives.
                    (D) Providing scholarships to registered nurses 
                seeking certification as an obstetrics and gynecology 
                registered nurse.
            (2) Secretary.--The Secretary shall use amounts made 
        available pursuant to subsection (a) for the following 
        activities:
                    (A) Developing and implementing strategies to 
                recruit and retain a diverse pool of students seeking 
                to enter careers focused on maternal and perinatal 
                health.
                    (B) Developing partnerships with practice settings 
                in a health professional shortage area designated under 
                section 332 of the Public Health Service Act (42 U.S.C. 
                254e) for the clinical placements of students at the 
                schools receiving such grants.
                    (C) Developing curriculum for students seeking to 
                enter careers focused on maternal and perinatal health 
                that includes training programs on bias, racism, or 
                discrimination.
                    (D) Carrying out other activities under title VIII 
                of the Public Health Service Act (42 U.S.C. 296 et 
                seq.) for the purpose under subsection (a).

SEC. 31043. FUNDING TO GROW AND DIVERSIFY THE DOULA WORKFORCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $50,000,000, to remain 
available until expended, for grants to health professions schools, 
academic health centers, State or local governments, territories, 
Indian Tribes and Tribal organizations, Urban Indian organizations, 
Native Hawaiian organizations, or other appropriate public or private 
nonprofit entities (or consortia of entities, including entities 
promoting multidisciplinary approaches), to establish or expand 
programs to grow and diversify the doula workforce.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Establishing programs that provide education and 
        training to individuals seeking appropriate training or 
        certification as doulas.
            (2) Expanding the capacity of existing programs described 
        in paragraph (1), for the purpose of increasing the number of 
        students enrolled in such programs, including by awarding 
        scholarships for students.
            (3) Developing and implementing strategies to recruit and 
        retain students from underserved communities, particularly from 
        demographic groups experiencing high rates of maternal 
        mortality and severe maternal morbidity, including racial and 
        ethnic minority groups, into programs described in paragraphs 
        (1) and (2).

SEC. 31044. FUNDING TO GROW AND DIVERSIFY THE MATERNAL MENTAL HEALTH 
              AND SUBSTANCE USE DISORDER TREATMENT WORKFORCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $75,000,000, to remain 
available until expended, for grants to health professions schools, 
academic health centers, State or local governments, territories, 
Indian Tribes and Tribal organizations, Urban Indian organizations, 
Native Hawaiian organizations, or other appropriate public or private 
nonprofit entities (or consortia of entities, including entities 
promoting multidisciplinary approaches), to establish or expand 
programs to grow and diversify the maternal mental health and substance 
use disorder treatment workforce.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Establishing programs that provide education and 
        training to individuals seeking appropriate licensing or 
        certification as mental health or substance use disorder 
        treatment providers who plan to specialize in maternal mental 
        health conditions or substance use disorders.
            (2) Expanding the capacity of existing programs described 
        in paragraph (1), for the purposes of increasing the number of 
        students enrolled in such programs, including by awarding 
        scholarships for students.
            (3) Developing and implementing strategies to recruit and 
        retain students from underserved communities into programs 
        described in paragraphs (1) and (2).

SEC. 31045. FUNDING FOR MATERNAL MENTAL HEALTH EQUITY GRANT PROGRAMS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $100,000,000, to remain 
available until expended, for grants to community-based organizations, 
Urban Indian organizations, Native Hawaiian organizations, health care 
providers, accredited medical schools, accredited schools of nursing, 
teaching hospitals, accredited midwifery programs, physician assistant 
education programs, residency or fellowship programs, or other 
nonprofit organizations, schools, or programs determined appropriate by 
the Secretary, to address maternal mental health conditions and 
substance use disorders with respect to pregnant, lactating, and 
postpartum individuals in areas with high rates of adverse maternal 
health outcomes or with significant racial or ethnic disparities in 
maternal health outcomes.
    (b) Use of Funds.--Amounts made available pursuant to subsection 
(a), prioritizing community-based organizations, shall be for the 
following activities:
            (1) Establishing or expanding maternity care programs to 
        improve the integration of mental health and substance use 
        disorder treatment services into primary care settings where 
        pregnant individuals regularly receive health care services.
            (2) Establishing or expanding group prenatal care programs 
        or postpartum care programs.
            (3) Expanding existing programs that improve maternal 
        mental health and substance use disorder treatment from the 
        preconception through the postpartum periods, with a focus on 
        individuals from racial and ethnic minority groups with high 
        rates of maternal mortality and morbidity.
            (4) Providing services and support for individuals with 
        maternal mental health conditions and substance use disorders, 
        starting in pregnancy and continuing through the postpartum 
        period.
            (5) Addressing stigma associated with maternal mental 
        health conditions and substance use disorders, with a focus on 
        racial and ethnic minority groups.
            (6) Raising awareness of warning signs of maternal mental 
        health conditions and substance use disorders, with a focus on 
        pregnant, lactating, and postpartum individuals from racial and 
        ethnic minority groups.
            (7) Establishing or expanding programs to prevent suicide 
        or self-harm among pregnant, lactating, and postpartum 
        individuals.
            (8) Offering evidence-informed programs at freestanding 
        birth centers that provide maternal mental health and substance 
        use disorder education, treatments, and services, and other 
        services for individuals throughout the prenatal and postpartum 
        period.
            (9) Establishing or expanding programs to provide education 
        and training to maternity care providers with respect to--
                    (A) identifying potential warning signs for 
                maternal mental health conditions or substance use 
                disorders in pregnant, lactating, and postpartum 
                individuals, with a focus on individuals from racial 
                and ethnic minority groups; and
                    (B) in the case where such providers identify such 
                warning signs, offering referrals to mental health 
                substance use disorder treatment professionals.
            (10) Developing a national website, or other source, that 
        includes information on health care providers who treat 
        maternal mental health conditions and substance use disorders.
            (11) Establishing or expanding programs in communities to 
        improve coordination between maternity care providers and 
        mental health and substance use disorder providers who treat 
        maternal mental health conditions and substance use disorders.
            (12) Carrying other programs aligned with evidence-based or 
        evidence-informed practices for addressing maternal mental 
        health conditions and substance use disorders for pregnant and 
        postpartum individuals from racial and ethnic minority groups.

SEC. 31046. FUNDING FOR EDUCATION AND TRAINING AT HEALTH PROFESSIONS 
              SCHOOLS TO IDENTIFY AND ADDRESS HEALTH RISKS ASSOCIATED 
              WITH CLIMATE CHANGE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $85,000,000, to remain 
available until expended, for grants to accredited medical schools, 
accredited schools of nursing, teaching hospitals, accredited midwifery 
programs, physician assistant education programs, residency or 
fellowship programs, or other schools or programs determined 
appropriate by the Secretary, to support the development and 
integration of education and training programs for identifying and 
addressing health risks associated with climate change for pregnant, 
lactating, and postpartum individuals.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for developing, integrating, and implementing curriculum and 
continuing education that focuses on the following:
            (1) Identifying health risks associated with climate change 
        for pregnant, lactating, and postpartum individuals and 
        individuals with the intent to become pregnant.
            (2) How health risks associated with climate change affect 
        pregnant, lactating, and postpartum individuals and individuals 
        with the intent to become pregnant.
            (3) Racial and ethnic disparities in exposure to, and the 
        effects of, health risks associated with climate change for 
        pregnant, lactating, and postpartum individuals and individuals 
        with the intent to become pregnant.
            (4) Patient counseling and mitigation strategies relating 
        to health risks associated with climate change for pregnant, 
        lactating, and postpartum individuals.
            (5) Relevant services and support for pregnant, lactating, 
        and postpartum individuals relating to health risks associated 
        with climate change and strategies for ensuring such 
        individuals have access to such services and support.
            (6) Implicit and explicit bias, racism, and discrimination 
        in providing care to pregnant, lactating, and postpartum 
        individuals and individuals with the intent to become pregnant.

SEC. 31047. FUNDING FOR MINORITY-SERVING INSTITUTIONS TO STUDY MATERNAL 
              MORTALITY, SEVERE MATERNAL MORBIDITY, AND ADVERSE 
              MATERNAL HEALTH OUTCOMES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $50,000,000, to remain 
available until expended for minority-serving institutions described in 
section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Developing and implementing systematic processes of 
        listening to the stories of pregnant and postpartum individuals 
        from racial and ethnic minority groups, and perinatal health 
        workers supporting such individuals, to fully understand the 
        causes of, and inform potential solutions to, the maternal 
        mortality and severe maternal morbidity crisis within their 
        respective communities.
            (2) Assessing the potential causes of relatively low rates 
        of maternal mortality among Hispanic individuals and foreign-
        born Black women.
            (3) Assessing differences in rates of adverse maternal 
        health outcomes among subgroups identifying as Hispanic.
            (4) Conducting outreach to eligible minority-serving 
        institutions to raise awareness of the availability of the 
        grants.
            (5) Providing technical assistance on the application 
        process for such grant.
            (6) Promoting capacity building to eligible entities.

SEC. 31048. FUNDING FOR IDENTIFICATION OF MATERNITY CARE HEALTH 
              PROFESSIONAL TARGET AREAS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $25,000,000, to remain available until 
expended, for carrying out section 332(k) of the Public Health Service 
Act (42 U.S.C. 254e(k)).

SEC. 31049. FUNDING FOR MATERNAL MORTALITY REVIEW COMMITTEES TO PROMOTE 
              REPRESENTATIVE COMMUNITY ENGAGEMENT.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $50,000,000, to remain available until 
expended, for carrying out section 317K(d) of the Public Health Service 
Act (42 U.S.C. 247b-12(d)) to promote community engagement in maternal 
mortality review committees to increase the diversity of a committee's 
membership with respect to race and ethnicity, location, and 
professional background.

SEC. 31050. FUNDING FOR THE SURVEILLANCE FOR EMERGING THREATS TO 
              MOTHERS AND BABIES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $100,000,000, to remain 
available until expended, for carrying out section 317K of the Public 
Health Service Act (42 U.S.C. 247b-12) with respect to conducting 
surveillance for emerging threats to mothers and babies.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Expanding the Surveillance for Emerging Threats to 
        Mothers and Babies activities of the Centers for Disease 
        Control and Prevention.
            (2) Working with public health, clinical, and community-
        based organizations to provide timely, continually updated, 
        evidence-based guidance to families and health care providers 
        on ways to reduce risk to pregnant and postpartum individuals 
        and their newborns and tailor interventions to improve their 
        long-term health.
            (3) Partnering with more State, Tribal, territorial, and 
        local public health programs in the collection and analysis of 
        clinical data on the impact of COVID-19 on pregnant and 
        postpartum patients and their newborns, particularly among 
        patients from racial and ethnic minority groups.
            (4) Establishing regionally based centers of excellence to 
        offer medical, public health, and other knowledge (in 
        coordination with State and Tribal public health authorities) 
        to ensure that communities, especially communities with large 
        populations of individuals from racial and ethnic minority 
        groups, can help pregnant and postpartum individuals and 
        newborns get the care and support they need.

SEC. 31051. FUNDING FOR ENHANCING REVIEWS AND SURVEILLANCE TO ELIMINATE 
              MATERNAL MORTALITY PROGRAM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $30,000,000, to remain 
available until expended, for carrying out the Enhancing Reviews and 
Surveillance to Eliminate Maternal Mortality program established under 
section 317K of the Public Health Service Act (42 U.S.C. 247b-12).
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Expanding the Enhancing Reviews and Surveillance to 
        Eliminate Maternal Mortality program (commonly known as the 
        ``ERASE MM program'') of the Centers for Disease Control and 
        Prevention.
            (2) Expanding partnerships with States, territories, Indian 
        Tribes, and Tribal organizations to support Maternal Mortality 
        Review Committees.
            (3) Providing technical assistance to existing maternal 
        mortality review committees.

SEC. 31052. FUNDING FOR THE PREGNANCY RISK ASSESSMENT MONITORING 
              SYSTEM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $15,000,000, to remain 
available until expended, for carrying out section 317K of the Public 
Health Service Act (42 U.S.C. 247b-12) with respect to the Pregnancy 
Risk Assessment Monitoring System.
    (b) Use of Funds.--Amounts made available by subsection (a) shall 
be used for the following activities:
            (1) Supporting COVID-19 supplements to the Pregnancy Risk 
        Assessment Monitoring System questionnaire.
            (2) Conducting a rapid assessment of COVID-19 awareness, 
        impact on care and experiences, and use of preventive measures 
        among pregnant, laboring and birthing, and postpartum 
        individuals.
            (3) Supporting the transition of the questionnaire 
        described in paragraph (1) to an electronic platform and 
        expanding the distribution of the questionnaire to a larger 
        population, with a special focus on reaching underrepresented 
        communities.

SEC. 31053. FUNDING FOR THE NATIONAL INSTITUTE OF CHILD HEALTH AND 
              HUMAN DEVELOPMENT.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $15,000,000, to remain available until 
expended, for carrying out section 301 of the Public Health Service Act 
(42 U.S.C. 241) and title IV of the Public Health Service Act (42 
U.S.C. 281 et seq.) with respect to child health and human development, 
to conduct or support research for interventions to mitigate the 
effects of the COVID-19 public health emergency on pregnant, lactating, 
and postpartum individuals, with a particular focus on individuals from 
racial and ethnic minority groups.

SEC. 31054. FUNDING FOR EXPANDING THE USE OF TECHNOLOGY-ENABLED 
              COLLABORATIVE LEARNING AND CAPACITY MODELS FOR PREGNANT 
              AND POSTPARTUM INDIVIDUALS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $30,000,000, to remain 
available until expended, for grants to community-based organizations, 
health care providers, accredited medical schools, accredited schools 
of nursing, teaching hospitals, accredited midwifery programs, 
physician assistant education programs, residency or fellowship 
programs, or other schools or programs determined appropriate by the 
Secretary, that are operating in health professional shortage areas 
designated under section 332 of the Public Health Service Act (42 
U.S.C. 254e) with high rates of adverse maternal health outcomes or 
significant racial and ethnic disparities in maternal health outcomes, 
to evaluate, develop, and expand the use of technology-enabled 
collaborative learning.
    (b) Use of Funds.--
            (1) Grantees.--A recipient of a grant awarded pursuant to 
        subsection (a) shall use such grant amounts to--
                    (A) train maternal health care providers and 
                students through the use and expansion of technology-
                enabled collaborative learning and capacity building 
                models, including hardware and software that--
                            (i) enables distance learning and technical 
                        support; and
                            (ii) supports the secure exchange of 
                        electronic health information; and
                    (B) conduct evaluations on the use of technology-
                enabled collaborative learning to improve maternal 
                health outcomes.
            (2) Secretary.--The Secretary shall use amounts made 
        available pursuant to subsection (a) to provide technical 
        assistance to recipients of grants awarded pursuant to 
        subsection (a) on the development, use, and sustainability of 
        technology-enabled collaborative learning and capacity building 
        models to expand access to maternal health services provided by 
        such entities.

SEC. 31055. FUNDING FOR PROMOTING EQUITY IN MATERNAL HEALTH OUTCOMES 
              THROUGH DIGITAL TOOLS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $30,000,000, to remain 
available until expended, for grants to community-based organizations, 
health care providers, accredited medical schools, accredited schools 
of nursing, teaching hospitals, accredited midwifery programs, 
physician assistant education programs, residency or fellowship 
programs, or other schools or programs determined appropriate by the 
Secretary, that are operating in health professional shortage areas 
designated under section 332 of the Public Health Service Act (42 
U.S.C. 254e) with high rates of adverse maternal health outcomes or 
significant racial and ethnic disparities in maternal health outcomes 
to reduce racial and ethnic disparities in maternal health outcomes by 
increasing access to digital tools related to maternal health care.
    (b) Use of Funds.--Amounts made available pursuant to subsection 
(a) shall be used for the following activities:
            (1) Increasing access to digital tools that could improve 
        maternal health outcomes, such as wearable technologies, 
        patient portals, telehealth services, and mobile phone 
        applications.
            (2) Providing technical assistance to recipients of grants 
        awarded pursuant to subsection (a) on the development, use, 
        evaluation, and postgrant sustainability of digital tools for 
        purposes of promoting equity in maternal health outcomes.

SEC. 31056. FUNDING FOR ANTIDISCRIMINATION AND BIAS TRAINING.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $25,000,000, to remain 
available until expended, for the purpose described in subsection (b).
    (b) Use of Funds.--The Secretary shall use amounts appropriated 
under subsection (a) to award competitive grants or contracts to 
national nonprofit organizations focused on improving health equity, 
accredited schools of medicine or nursing, and other health 
professional training programs to develop, disseminate, review, 
research, and evaluate training for health professionals and all staff 
who interact with patients to reduce discrimination and bias in the 
provision of health care, with a focus on maternal health care.

                PART 5--OTHER PUBLIC HEALTH INVESTMENTS

SEC. 31061. FUNDING FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER 
              PROFESSIONALS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $50,000,000, to remain available until 
expended, for purposes of carrying out section 597 of the Public Health 
Service Act (42 U.S.C. 290ll).

SEC. 31062. FUNDING FOR PROJECT AWARE.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $30,000,000, to remain available until 
expended, for carrying out section 520A of the Public Health Service 
Act (42 U.S.C. 290bb-32) with respect to advancing wellness and 
resiliency in education.

SEC. 31063. FUNDING FOR THE NATIONAL SUICIDE PREVENTION LIFELINE.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $75,000,000, to remain available until 
expended, for advancing infrastructure for the National Suicide 
Prevention Lifeline program under section 520E-3 of the Public Health 
Service Act (42 U.S.C. 290bb-36c) in order to expand existing 
capabilities for response in a manner that avoids duplicating existing 
capabilities for text-based crisis support.

SEC. 31064. FUNDING FOR COMMUNITY VIOLENCE AND TRAUMA INTERVENTIONS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Secretary, out of any money in the Treasury not 
otherwise appropriated to remain available until expended, for the 
purposes described in subsection (b):
            (1) $150,000,000 for fiscal year 2022.
            (2) $250,000,000 for fiscal year 2023.
            (3) $450,000,000 for fiscal year 2024.
            (4) $550,000,000 for each of fiscal years 2025, 2026, and 
        2027.
    (b) Use of Funding.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, and in consultation 
with the Assistant Secretary for Mental Health and Substance Use, the 
Administrator of the Health Resources and Services Administration, and 
the Deputy Assistant Secretary for Minority Health and with public 
health and medical professionals, victim services community-based 
organizations, and other violence reduction experts, shall use amounts 
appropriated by subsection (a) to support public health approaches to 
reduce community violence and trauma, taking into consideration the 
needs of communities with high rates of, and prevalence of risk factors 
associated with, violence-related injuries and deaths, by--
            (1) awarding competitive grants or contracts to local 
        governmental entities, States, territories, Indian Tribes and 
        Tribal organizations, Urban Indian organizations, hospitals and 
        community health centers, nonprofit community-based 
        organizations, culturally specific organizations, victim 
        services providers, or other entities as determined by the 
        Secretary (or consortia of such entities) to support evidence-
        based, culturally competent, and developmentally appropriate 
        strategies to reduce community violence, including outreach and 
        conflict mediation, hospital-based violence intervention, 
        violence interruption, and services for victims and individuals 
        and communities at risk for experiencing violence, such as 
        trauma-informed mental health care and counseling, school-based 
        mental health services, and other services; and
            (2) supporting training, technical assistance, surveillance 
        systems, and data collection to facilitate support for 
        strategies to reduce community violence and ensure safe and 
        healthy communities.
    (c) Supplement Not Supplant.--Amounts appropriated under this 
section shall be used to supplement and not supplant any Federal, 
State, or local funding otherwise made available for the purposes 
described in this section.

SEC. 31065. FUNDING FOR THE NATIONAL CHILD TRAUMATIC STRESS NETWORK.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $10,000,000, to remain available until 
expended, for carrying out section 582 of the Public Health Service Act 
(42 U.S.C. 290hh-1) with respect to addressing the problem of high-risk 
or medically underserved persons who experience violence-related 
stress.

SEC. 31066. FUNDING FOR HIV HEALTH CARE SERVICES PROGRAMS.

    In addition to amounts otherwise available, there is appropriated 
to the Secretary for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $150,000,000, to remain available until 
expended, for modifications to existing contracts, and supplements to 
existing grants and cooperative agreements under parts A, B, C, and D 
of title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et 
seq.) and section 2692(a) of such Act (42 U.S.C. 300ff-111(a)).

SEC. 31067. SUPPLEMENTAL FUNDING FOR THE WORLD TRADE CENTER HEALTH 
              PROGRAM.

    (a) Supplemental Fund.--
            (1) In general.--Title XXXIII of the Public Health Service 
        Act (42 U.S.C. 300mm et seq.) is amended by adding at the end 
        the following:

``SEC. 3352. SUPPLEMENTAL FUND.

    ``(a) In General.--There is established a fund to be known as the 
World Trade Center Health Program Supplemental Fund (referred to in 
this section as the `Supplemental Fund'), consisting of amounts 
deposited into the Supplemental Fund under subsection (b).
    ``(b) Amount.--Out of any money in the Treasury not otherwise 
appropriated, there is appropriated for fiscal year 2022, 
$2,860,000,000, for deposit into the Supplemental Fund, which amounts 
shall remain available through fiscal year 2031.
    ``(c) Uses of Funds.--Amounts deposited into the Supplemental Fund 
under subsection (b) shall be available, without further appropriation 
and without regard to any spending limitation under section 3351(c), to 
the WTC Program Administrator as needed at the discretion of such 
Administrator for carrying out any provision in this title, including 
sections 3303 and 3341(c).
    ``(d) Return of Funds.--Any amounts that remain in the Supplemental 
Fund on September 30, 2031, shall be deposited into the Treasury as 
miscellaneous receipts.''.
            (2) Conforming amendments.--Title XXXIII of the Public 
        Health Service Act (42 U.S.C. 300mm et seq.) is amended--
                    (A) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 
                300mm-21(a)(4)(B)(i)(II)), by striking ``section 3351'' 
                and inserting ``sections 3351 and 3352'';
                    (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 
                300mm-31(a)(3)(B)(i)(II)), by striking ``section 3351'' 
                and inserting ``sections 3351 and 3352'';
                    (C) in section 3331 (42 U.S.C. 300mm-41)--
                            (i) in subsection (a), by inserting ``and 
                        the World Trade Center Health Program 
                        Supplemental Fund'' before the period at the 
                        end; and
                            (ii) in subsection (d)--
                                    (I) in paragraph (1)(B), by 
                                inserting ``(excluding any expenditures 
                                from amounts in the World Trade Center 
                                Health Program Supplemental Fund under 
                                section 3352)'' before the period at 
                                the end; and
                                    (II) in paragraph (2), in the flush 
                                text following subparagraph (C), by 
                                inserting ``(excluding any expenditures 
                                from amounts in the World Trade Center 
                                Health Program Supplemental Fund under 
                                section 3352)'' before the period at 
                                the end; and
                    (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--
                            (i) in paragraph (2), by inserting ``or as 
                        available from the World Trade Center Health 
                        Program Supplemental Fund under section 3352'' 
                        before the period at the end; and
                            (ii) in paragraph (3), by inserting ``or as 
                        available from the World Trade Center Health 
                        Program Supplemental Fund under section 3352'' 
                        before the period at the end.
    (b) Research Cohort for Emerging Health Impacts on Youth.--
            (1) In general.--Section 3341 of the Public Health Service 
        Act (42 U.S.C. 300mm-51) is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Research Cohort for Emerging Health Impacts on Youth.--The 
WTC Program Administrator shall establish a research cohort of 
sufficient size to conduct research studies on the health and 
educational impacts of exposure to airborne toxins, or any other hazard 
or adverse condition, resulting from the September 11, 2001, terrorist 
attacks on the population of individuals who were 21 years of age or 
younger at the time of exposure and who are enrolled in the WTC Program 
or otherwise eligible for enrollment in the Program under section 
3321.''.
            (2) Spending limitation exemption.--Section 3351(c)(5) of 
        such Act (42 U.S.C. 300mm-61(c)(5)) is amended in the matter 
        preceding subparagraph (A), by inserting ``(other than 
        subsection (c) of such section)'' after ``section 3341''.
            (3) Conforming amendment.--Section 3301(f)(2)(E) of such 
        Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking ``section 
        3341(a)'' and inserting ``subsection (a) or (c) of section 
        3341''.

                   Subtitle K--Next Generation 9-1-1

SEC. 31101. DEPLOYMENT OF NEXT GENERATION 9-1-1.

    (a) Appropriation.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Assistant Secretary for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $10,000,000,000, to remain available 
        until September 30, 2030, to make grants to eligible entities 
        for implementing Next Generation 9-1-1, operating and 
        maintaining Next Generation 9-1-1, training directly related to 
        implementing, maintaining, and operating Next Generation 9-1-1, 
        if the cost related to such training does not exceed 3 percent 
        of the total grant award, and planning and implementation 
        activities, if the cost related to such planning and 
        implementation does not exceed 1 percent of the total grant 
        award.
            (2) Administrative expenses.--Of the amount appropriated in 
        this subsection, the Assistant Secretary may use not more than 
        2 percent to implement and administer this section.
            (3) Rulemaking required.--Not later than 180 days after the 
        date of the enactment of this Act, the Assistant Secretary 
        shall, after public notice and opportunity for comment, issue 
        rules to implement this section.
    (b) Eligibility.--
            (1) In general.--The Assistant Secretary shall not make a 
        grant under this section to any eligible entity unless such 
        entity certifies to the Assistant Secretary that--
                    (A) no portion of any 9-1-1 fee or charge imposed 
                by the eligible entity, or (in the case that the 
                eligible entity is not a covered State or Tribal 
                organization) any State or taxing jurisdiction within 
                which the eligible entity will carry out activities 
                using grant funds, will be obligated or expended for 
                any purpose or function other than a purpose or 
                function for which the obligation or expenditure of 
                such a fee or charge is acceptable (as determined by 
                the Federal Communications Commission pursuant to the 
                rules issued under section 6(f)(3) of the Wireless 
                Communications and Public Safety Act of 1999 (47 U.S.C. 
                615a-1(f)(3)), as such rules are in effect on the date 
                on which the eligible entity makes the certification) 
                during any period during which the funds from the grant 
                are available to the eligible entity;
                    (B) any funds received by the eligible entity will 
                be used to support the deployment of Next Generation 9-
                1-1 in a manner that ensures reliability, 
                interoperability, and requires the use of commonly 
                accepted standards;
                    (C) the eligible entity has established, or commits 
                to establish not later than 3 years after the date on 
                which the funds are distributed to the eligible entity, 
                a sustainable funding mechanism for Next Generation 9-
                1-1 and effective cybersecurity for Next Generation 9-
                1-1; and
                    (D) no funds received by the eligible entity will 
                be used to purchase, rent, lease, or otherwise obtain 
                covered communications equipment or services (as 
                defined in section 9 of the Secure and Trusted 
                Communications Networks Act of 2019 (47 U.S.C. 1608)).
            (2) Other requirements.--The Assistant Secretary shall not 
        make a grant under this section to an eligible entity unless 
        such entity certifies to the Assistant Secretary that--
                    (A) the eligible entity, and (in the case that the 
                eligible entity is not a covered State or Tribal 
                organization) any covered State within which the 
                eligible entity will carry out activities using grant 
                funds, has designated a single officer or governmental 
                body to serve as the point of contact to coordinate the 
                implementation of Next Generation 9-1-1 for such 
                covered State or Tribal organization; and
                    (B) the eligible entity has developed and submitted 
                a plan for the coordination and implementation of Next 
                Generation 9-1-1 consistent with the requirements of 
                the Assistant Secretary that, at a minimum--
                            (i) ensures interoperability, reliability, 
                        resiliency, and the use of commonly accepted 
                        standards;
                            (ii) enables emergency communications 
                        centers to process, analyze, and store 
                        multimedia, data, and other information;
                            (iii) incorporates cybersecurity tools, 
                        including intrusion detection and prevention 
                        measures;
                            (iv) includes strategies for coordinating 
                        cybersecurity information sharing between 
                        Federal, covered State, Tribal, and local 
                        government partners;
                            (v) includes a governance body or bodies, 
                        either by creation of a new body or bodies or 
                        use of an existing body or bodies, for the 
                        development and deployment of Next Generation 
                        9-1-1;
                            (vi) creates efficiencies related to Next 
                        Generation 9-1-1 functions, including the 
                        virtualization and sharing of infrastructure, 
                        equipment, and services; and
                            (vii) utilizes an effective, competitive 
                        approach to establishing authentication, 
                        credentialing, secure connections, and access 
                        in deploying Next Generation 9-1-1, including 
                        by--
                                    (I) requiring certificate 
                                authorities to be capable of cross-
                                certification with other authorities;
                                    (II) avoiding risk of a single 
                                point of failure or vulnerability; and
                                    (III) adhering to Federal agency 
                                best practices such as those 
                                promulgated by the National Institute 
                                of Standards and Technology.
            (3) Return of funding.--If, after making a grant award to 
        an eligible entity under subsection (a), the Assistant 
        Secretary determines that such eligible entity has acted in a 
        manner not in accordance with the certifications required under 
        this subsection, the Assistant Secretary shall, after affording 
        due process, rescind such grant award and recoup funds from 
        such eligible entity.
    (c) Oversight.--In addition to amounts otherwise available, there 
is appropriated to the Inspector General of the Department of Commerce 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000, to remain available until September 30, 
2030, to conduct oversight to combat waste, fraud, and abuse of grant 
awards made under this section.

SEC. 31102. ESTABLISHMENT OF NEXT GENERATION 9-1-1 CYBERSECURITY 
              CENTER.

    In addition to amounts otherwise available, there is appropriated 
to the Assistant Secretary for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $80,000,000, to remain 
available until September 30, 2030, to establish a Next Generation 9-1-
1 Cybersecurity Center to coordinate with covered State, local, and 
regional governments on the sharing of cybersecurity information about, 
the analysis of cybersecurity threats to, and guidelines for strategies 
to detect and prevent cybersecurity intrusions relating to Next 
Generation 9-1-1.

SEC. 31103. PUBLIC SAFETY NEXT GENERATION 9-1-1 ADVISORY BOARD.

    In addition to amounts otherwise available, there is appropriated 
to the Assistant Secretary for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $10,000,000, to remain 
available until September 30, 2030, to establish a 16-member Public 
Safety Next Generation 9-1-1 Advisory Board (in this section referred 
to as the ``Board''), to be comprised of representatives of public 
safety organizations, to provide recommendations to the Assistant 
Secretary with respect to carrying out the duties and responsibilities 
of the Assistant Secretary related to Next Generation 9-1-1, including 
with respect to the grant program established pursuant to section 
31101.

SEC. 31104. DEFINITIONS.

    In this subtitle:
            (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' 
        has the meaning given such term in section 6(f)(3)(D) of the 
        Wireless Communications and Public Safety Act of 1999 (47 
        U.S.C. 615a-1(f)(3)(D)).
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (3) Commonly accepted standards.--The term ``commonly 
        accepted standards'' means the technical standards followed by 
        the communications industry for network, device, and Internet 
        Protocol connectivity that--
                    (A) enable interoperability; and
                    (B) are--
                            (i) developed and approved by a standards 
                        development organization that is accredited by 
                        a United States or international standards body 
                        in a process that--
                                    (I) is open to the public, 
                                including open for participation by any 
                                organization; and
                                    (II) provides for a conflict 
                                resolution process;
                            (ii) subject to an open comment and input 
                        process before being finalized by the standards 
                        development organization;
                            (iii) consensus-based; and
                            (iv) made publicly available once approved.
            (4) Cost related to planning and implementation.--The term 
        ``cost related to planning and implementation'' means any cost 
        incurred by an eligible entity related to planning for and 
        preparing an application and related materials as required 
        under this title.
            (5) Covered state.--The term ``covered State'' means any 
        State of the United States, the District of Columbia, Puerto 
        Rico, American Samoa, Guam, the United States Virgin Islands, 
        the Northern Mariana Islands, and any other territory or 
        possession of the United States.
            (6) Eligible entity.--The term ``eligible entity''--
                    (A) means a covered State or a Tribal organization; 
                and
                    (B) may be an entity, including a public authority, 
                board, or commission, established by one or more 
                entities described in subparagraph (A).
            (7) Emergency communications center.--
                    (A) In general.--The term ``emergency 
                communications center''--
                            (i) means a facility that--
                                    (I) is designated to receive a 9-1-
                                1 request for emergency assistance; and
                                    (II) performs one or more of the 
                                functions described in subparagraph 
                                (B); and
                            (ii) may be a public safety answering 
                        point, as defined in section 222 of the 
                        Communications Act of 1934 (47 U.S.C. 222).
                    (B) Functions described.--The functions described 
                in this subparagraph are the following:
                            (i) Process and analyze 9-1-1 requests for 
                        emergency assistance and information and data 
                        related to such requests.
                            (ii) Dispatch appropriate emergency 
                        response providers.
                            (iii) Transfer or exchange 9-1-1 requests 
                        for emergency assistance and information and 
                        data related to such requests with one or more 
                        facilities described under this paragraph and 
                        emergency response providers.
                            (iv) Analyze any communications received 
                        from emergency response providers.
                            (v) Support incident command functions.
            (8) Interoperable; interoperability.--The term 
        ``interoperable'' or ``interoperability'' means the capability 
        of emergency communications centers to receive 9-1-1 requests 
        for emergency assistance and information and data related to 
        such requests, such as location information and callback 
        numbers from a person initiating the request, and then process 
        and share the 9-1-1 requests for emergency assistance and 
        information and data related to such requests with other 
        emergency communications centers and emergency response 
        providers without the need for proprietary interfaces and 
        regardless of jurisdiction, equipment, device, software, 
        service provider, or other factors.
            (9) Next generation 9-1-1.--The term ``Next Generation 9-1-
        1'' means an interoperable, secure, Internet Protocol-based 
        system that--
                    (A) employs commonly accepted standards;
                    (B) enables emergency communications centers to 
                receive, process, and analyze all types of 9-1-1 
                requests for emergency assistance;
                    (C) acquires and integrates additional information 
                useful to handling 9-1-1 requests for emergency 
                assistance; and
                    (D) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            (10) Public safety organization.--The term ``public safety 
        organization'' means an organization that represents the 
        interests of personnel in--
                    (A) local law enforcement;
                    (B) fire and rescue;
                    (C) emergency medical service; or
                    (D) 9-1-1 services.
            (11) Reliability.--The term ``reliability'' means the 
        employment of sufficient measures to ensure the ongoing 
        operation of Next Generation 9-1-1, including through the use 
        of geo-diverse, device- and network-agnostic elements that 
        provide more than one physical route between end points with no 
        common points where a single failure at that point would cause 
        the operation of Next Generation 9-1-1 to fail.
            (12) State or taxing jurisdiction.--The term ``State or 
        taxing jurisdiction'' has the meaning given such term in 
        section 6(f)(3)(D) of the Wireless Communications and Public 
        Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)(D)).
            (13) Sustainable funding mechanism.--The term ``sustainable 
        funding mechanism'' means a funding mechanism that provides 
        adequate revenues to cover ongoing expenses, including 
        operations, maintenance, and upgrades.

                     Subtitle L--Spectrum Auctions

SEC. 31201. SPECTRUM AUCTIONS AND INNOVATION.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Covered band.--The term ``covered band'' means the band 
        of frequencies between 3100 megahertz and 3450 megahertz, 
        inclusive.
            (4) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (b) 3.1-3.45 GHz Band.--
            (1) Pre-auction funding.--
                    (A) In general.--On the date of enactment of this 
                Act, the Director of the Office of Management and 
                Budget shall transfer $50,000,000 from the Spectrum 
                Relocation Fund established under section 118 of the 
                National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 928) to the 
                Secretary for the purpose of engineering studies, 
                economic analyses, activities with respect to systems, 
                or other planning activities to improve efficiency and 
                effectiveness of Federal spectrum use in order to make 
                available--
                            (i) frequencies in the covered band for 
                        identification by the Secretary under paragraph 
                        (2)(A); and
                            (ii) frequencies in the covered band for 
                        identification by the Secretary under paragraph 
                        (2)(B).
                    (B) Exemption.--Section 118(g) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 928(g)) shall not apply 
                with respect to the payment required under subparagraph 
                (A).
                    (C) Plan.--Not later than 180 days after the date 
                of enactment of this Act, the Assistant Secretary, in 
                coordination with the Secretary of Defense and the 
                Executive Office of the President, shall develop a plan 
                for conducting the engineering studies, economic 
                analyses, activities with respect to systems, or other 
                planning activities described in subparagraph (A).
                    (D) Consideration of common platform.--In 
                developing the plan required by subparagraph (C), the 
                Assistant Secretary shall consider facilitating the 
                sharing of spectrum between Federal and non-Federal 
                users implemented through a Federal user informing 
                common platform developed by the Assistant Secretary, 
                in coordination with the Commission.
                    (E) Oversight.--The Assistant Secretary and the 
                Executive Office of the President shall continuously 
                review and provide oversight of the execution of the 
                plan required by subparagraph (C).
                    (F) Report to secretary of commerce and congress.--
                Not later than 18 months after the date of enactment of 
                this Act, for the purposes of aiding the Secretary in 
                making the identification under paragraph (2) and 
                informed by the findings of the engineering studies, 
                economic analyses, activities with respect to systems, 
                or other planning activities described in subparagraph 
                (A), the Assistant Secretary, in consultation with the 
                Secretary of Defense, shall submit to the Secretary and 
                the relevant congressional committees a report that--
                            (i) contains such findings; and
                            (ii) recommends--
                                    (I) frequencies in the covered band 
                                for identification by the Secretary 
                                under paragraph (2)(A); and
                                    (II) frequencies in the covered 
                                band for identification by the 
                                Secretary under paragraph (2)(B).
            (2) Identification.--Not later than 24 months after the 
        date of enactment of this Act, informed by the findings of the 
        engineering studies, economic analyses, activities with respect 
        to systems, or other planning activities described in paragraph 
        (1)(A) and the report required under paragraph (1)(F), the 
        Secretary, in consultation with the Secretary of Defense, the 
        Director of the Office of Science and Technology Policy, and 
        the Commission, shall submit to the President, the Commission, 
        and the relevant congressional committees a report that--
                    (A) identifies for inclusion in a system of 
                competitive bidding under paragraph (3) at least 200 
                megahertz of frequencies in the covered band for non-
                Federal use, shared Federal and non-Federal use, or a 
                combination thereof; and
                    (B) identifies additional frequencies of 
                electromagnetic spectrum in the covered band that could 
                be made available for non-Federal use, shared Federal 
                and non-Federal use, or a combination thereof.
            (3) Auction.--
                    (A) In general.--Not later than 7 years after the 
                date of enactment of this Act, the Commission, in 
                coordination with the Assistant Secretary, shall 
                commence a system of competitive bidding under section 
                309(j) of the Communications Act of 1934 (47 U.S.C. 
                309(j)), in accordance with paragraph (2) of this 
                subsection, of the frequencies identified under 
                subparagraph (A) of that paragraph.
                    (B) Prohibition.--No entity that is on the list 
                required by section 2 of the Secure and Trusted 
                Communications Networks Act of 2019 (47 U.S.C. 1601) 
                may participate in the system of competitive bidding 
                required by subparagraph (A).
            (4) Preparing spectrum for auction.--
                    (A) In general.--The President shall modify or 
                withdraw any assignment to a Federal Government station 
                of the frequencies identified under paragraph (2)(A) to 
                accommodate non-Federal use or shared Federal and non-
                Federal use in accordance with that paragraph.
                    (B) Timing.--The President may not modify or 
                withdraw any assignment to a Federal Government station 
                as described in subparagraph (A) before November 30, 
                2024.
            (5) Auction proceeds to cover 110 percent of federal 
        relocation or sharing costs.--Nothing in this subsection shall 
        be construed to relieve the Commission from the requirements 
        under section 309(j)(16)(B) of the Communications Act of 1934 
        (47 U.S.C. 309(j)(16)(B)).
            (6) Rules authorizing additional use of spectrum in covered 
        band.--Not later than 4 years after the date of enactment of 
        this Act, the Commission, in consultation with the Assistant 
        Secretary, shall adopt rules that authorize the use of spectrum 
        in the covered band identified under paragraph (2)(B) for non-
        Federal use, shared Federal and non-Federal use, or a 
        combination thereof.
            (7) Opportunistic use of identified frequencies.--Not later 
        than 4 years after the date of enactment of this Act, if the 
        President modifies or withdraws assignments under paragraph 
        (4), or if President accommodates the use described in 
        paragraph (2)(A) without such modification or withdrawal, the 
        Commission, in coordination with the Assistant Secretary, shall 
        allow for the opportunistic use of the frequencies identified 
        under such paragraph before the auction required by paragraph 
        (3) is conducted. Opportunistic use, if such use is 
        inconsistent with the rights of licensees that obtained 
        licenses through such auction, shall cease upon the issuance by 
        the Commission of such licenses.
    (c) FCC Auction Authority.--
            (1) Termination.--Section 309(j)(11) of the Communications 
        Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting 
        after ``2025'' the following: ``, and with respect to the 
        electromagnetic spectrum identified under section 
        31201(b)(2)(A) of the Act to provide for reconciliation 
        pursuant to title II of S. Con. Res. 14, such authority shall 
        expire on the date that is 7 years after the date of enactment 
        of that Act''.
            (2) Spectrum pipeline act of 2015.--The Spectrum Pipeline 
        Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended--
                    (A) in section 1004--
                            (i) in subsection (a), by striking ``2022'' 
                        and inserting ``2024''; and
                            (ii) in subsection (b)(1), by striking 
                        ``2022'' and inserting ``2024''; and
                    (B) in section 1006(c)(1), by striking ``2022'' and 
                inserting ``2024''.

                     Subtitle M--Distance Learning

SEC. 31301. ADDITIONAL SUPPORT FOR DISTANCE LEARNING.

    (a) 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) $4,000,000,000 to the Emergency Connectivity Fund 
        established under subsection (c)(1) of section 7402 of the 
        American Rescue Plan Act of 2021 (Public Law 117-2) to provide 
        support under the covered regulations promulgated under 
        subsection (a) of such section, except that such amount shall 
        be used to provide support under the covered regulations for 
        costs incurred after the date of enactment of this Act but 
        before June 30, 2030, regardless of whether those costs are 
        incurred during a COVID-19 emergency period (as defined in 
        subsection (d) of such section); and
            (2) $500,000 to the Inspector General of the Federal 
        Communications Commission to conduct oversight of support 
        provided under the covered regulations.
Amounts appropriated by this subsection shall remain available until 
September 30, 2030.
    (b) Limitation.--None of the funds appropriated by subsection 
(a)(1) may be used to purchase, rent, lease, or otherwise obtain any 
covered communications equipment or service (as defined in section 9 of 
the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 
1608)).

                 Subtitle N--Manufacturing Supply Chain

SEC. 31401. CRITICAL MANUFACTURING SUPPLY CHAIN RESILIENCE.

    (a) Appropriation.--In addition to amounts otherwise made 
available, there is appropriated to the Department of Commerce for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000,000, to remain available until expended, 
except that no amounts may be expended after September 30, 2031, to 
support the resilience, diversity, security, and strength of critical 
manufacturing supply chains affecting interstate commerce and related 
administrative costs.
    (b) Purposes.--The amount under subsection (a) shall be available 
to the Secretary of Commerce for--
            (1) critical manufacturing supply chain mapping and 
        monitoring, which may include providing grants and other 
        financial assistance as appropriate to eligible entities for 
        private and public sector-led mapping, monitoring, and 
        forecasting;
            (2) facilitating and supporting the establishment of 
        voluntary standards, guidelines, and best practices to reduce 
        risks to the resilience, diversity, security, and strength of 
        critical manufacturing supply chains;
            (3) identifying, accelerating, promoting, and demonstrating 
        technological advances for critical manufacturing supply 
        chains; and
            (4) providing grants and other financial assistance as 
        appropriate that support the resilience, diversity, security, 
        or strength of a critical manufacturing supply chain to 
        eligible entities for activities that may include enhancements 
        to a domestic manufacturing facility, process, or practice, the 
        preservation of surge capacity, the provision of goods, or 
        other activities at the determination of the Secretary.
    (c) Limitation.--Of the amounts made available under subsection 
(a), not more than 3 percent may be used for related administrative 
expenses.
    (d) Eligible Entity Defined.--The term ``eligible entity'' means--
            (1) a domestic enterprise;
            (2) a domestic manufacturer;
            (3) a State, local, or Tribal government entity;
            (4) a domestic regional technology and manufacturing hub;
            (5) a domestic institution of higher education;
            (6) a domestic public or private nonprofit organization or 
        association; or
            (7) a consortium of any of the entities described in 
        paragraphs (1) through (6).

                  Subtitle O--FTC Privacy Enforcement

SEC. 31501. FEDERAL TRADE COMMISSION FUNDING FOR A PRIVACY BUREAU AND 
              RELATED EXPENSES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Federal Trade Commission for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$1,000,000,000, to remain available until September 30, 2031, for 
carrying out this section.
    (b) Purposes.--The Federal Trade Commission shall use the funds 
appropriated under subsection (a) to create and operate a bureau, 
including by hiring and retaining technologists, user experience 
designers, and other experts as the Commission considers appropriate, 
to accomplish the work of the Commission related to unfair or deceptive 
acts or practices relating to privacy, data security, identity theft, 
data abuses, and related matters.

          Subtitle P--Department of Commerce Inspector General

SEC. 31601. FUNDING FOR THE OFFICE OF THE INSPECTOR GENERAL OF THE 
              DEPARTMENT OF COMMERCE.

    In addition to amounts otherwise available, there is appropriated 
to the Office of the Inspector General of the Department of Commerce 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000, to remain available until September 30, 
2031, for oversight of activities supported with funds appropriated to 
the Department of Commerce in this Act.

               TITLE IV--COMMITTEE ON FINANCIAL SERVICES

     Subtitle A--Creating and Preserving Affordable, Equitable and 
                Accessible Housing for the 21st Century

SEC. 40001. PUBLIC HOUSING INVESTMENTS.

    (a) Appropriation.--In addition to amounts otherwise made 
available, there is appropriated to the Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $10,000,000,000 for the Capital Fund under section 9(d) 
        of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) 
        pursuant to the same formula as in fiscal year 2021, to be made 
        available within 60 days of the date of the enactment of this 
        Act;
            (2) $66,500,000,000 for eligible activities under section 
        9(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 
        1437g(d)(1)) for priority investments as determined by the 
        Secretary to repair, replace, or construct properties assisted 
        under such section 9;
            (3) $2,750,000,000 for competitive grants under section 24 
        of the United States Housing Act of 1937 (42 U.S.C. 1437v) (in 
        this section referred to as ``section 24''), under the terms 
        and conditions in subsection (b), for transformation, 
        rehabilitation, and replacement housing needs of public 
        housing, to transform neighborhoods of poverty into 
        functioning, sustainable mixed-income neighborhoods ; and
            (4) $750,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Public Housing Capital Fund and the section 24 grant 
        program generally, including information technology, financial 
        reporting, research and evaluation, other cross-program costs 
        in support of programs administered by the Secretary in this 
        title, and other costs; the Secretary may transfer and merge 
        amounts set aside under this subparagraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Terms and Conditions for Section 24 Grants.--Grants awarded 
under subsection (a)(3) shall be subject to terms and conditions 
determined by the Secretary, which shall include the following:
            (1) Use.--Grant funds may be used for resident and 
        community services, community development and revitalization, 
        and affordable housing needs in the community.
            (2) Applicants.--Eligible recipients of grants shall 
        include lead applicants and joint applicants, as follows:
                    (A) Lead applicants.--A lead applicant shall be a 
                local government or a public housing agency.
                    (B) Joint applicants.--A nonprofit organization or 
                a for-profit developer may apply jointly as a joint 
                applicant with such public entities specified in 
                subparagraph (A).
            (3) Period of affordability.--Grantees shall commit to a 
        period of affordability determined by the Secretary of not 
        fewer than 20 years, but the Secretary may specify a period of 
        affordability that is fewer than 20 years with respect to 
        homeownership units developed with section 24 grants.
            (4) Environmental review.--For purposes of environmental 
        review, a grantee shall be treated as a public housing agency 
        under section 26 of the United States Housing Act of 1937 (42 
        U.S.C. 1437x) and grants from amounts made available under this 
        heading shall be subject to the regulations issued by the 
        Secretary to implement such section.
            (5) Partnerships.--Grantees shall create partnerships with 
        other local organizations, included assisted housing owners, 
        service agencies, and resident organizations.
            (6) Unobligated balances.--The Secretary may, until 
        September 30, 2031, obligate any available unobligated balances 
        made available under subsection (a)(3).
            (7) Low-income housing.--Amounts made available under this 
        section shall be used for low-income housing (as such term is 
        defined under section 3(b) of the United States Housing Act of 
        1937 (42 U.S.C. 1437a(b)) and affordable housing, which shall 
        be housing for which the owner or purchaser of the project has 
        recorded an affordability use restriction approved by the 
        Secretary for households earning up to 120 percent of the area 
        median income for no fewer than 20 years.
    (c) Other Terms and Conditions.--Grants awarded under this section 
shall be subject to the following terms and conditions:
            (1) Limitation.--Amounts provided pursuant to this section 
        may not be used for operating costs or rental assistance.
            (2) Development of new units.--Paragraph (3) of section 
        9(g) of the United States Housing Act of 1937 (42 U.S.C. 
        1437g(g)(3)) shall not apply to new funds made available under 
        this section.
            (3) Health and safety.--Amounts made available under this 
        section shall be used to address health, safety, and 
        environmental hazards, including lead, fire, carbon monoxide, 
        mold, asbestos, radon, pest infestation, and other hazards as 
        defined by the Secretary.
            (4) Energy efficiency and resilience.--Amounts made 
        available under this section shall advance improvements to 
        energy and water efficiency or climate and disaster resilience 
        in housing assisted under this section.
            (5) Alternative deadlines.--The Secretary shall establish, 
        by notice, alternative deadlines to those established in 
        section 9(j) of the United States Housing Act of 1937 (42 
        U.S.C. 1437g(j)) to provide public housing agencies reasonable 
        periods of time to obligate and expend funds provided under 
        paragraphs (1) and (2) of subsection (a).
            (6) Recapture.--If the Secretary recaptures funding 
        allocated by formula from a public housing agency under 
        paragraph (a)(1), such recaptured amounts shall be added to the 
        amounts available under paragraph (a)(2), and shall be 
        obligated by the Secretary prior to the expiration of such 
        funds.
            (7) Supplementation of funds.--The Secretary shall ensure 
        that amounts provided pursuant to this section shall serve to 
        supplement and not supplant other amounts generated by a 
        recipient of such amounts or amounts provided by other Federal, 
        State, or local sources.
            (8) Waivers and alternative requirements.--The Secretary 
        may waive or specify alternative requirements for subsections 
        (d)(1), (d)(2), (e), and (j) of section 9 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437g) and associated 
        regulations in connection with the use of amounts made 
        available under this section other than requirements related to 
        tenant rights and protections, fair housing, nondiscrimination, 
        labor standards, and the environment, upon a finding that the 
        waiver or alternative requirement is necessary to facilitate 
        the use of amounts made available under this section.
    (d) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40002. INVESTMENTS IN AFFORDABLE AND ACCESSIBLE HOUSING 
              PRODUCTION.

    (a) Appropriation.--In addition to amounts otherwise made 
available, there is appropriated to the Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $34,770,000,000, for activities and assistance for the 
        HOME Investment Partnerships Program (in this section referred 
        to as the ``HOME program''), as authorized under title II of 
        the Cranston-Gonzalez National Affordable Housing Act (42 
        U.S.C. 12721 et seq.) (in this section referred to as 
        ``NAHA'');
            (2) $36,770,000,000 for activities and assistance for the 
        HOME Investment Partnerships Program, as authorized under title 
        II of NAHA, subject to the terms and conditions in paragraphs 
        (1) and (2) of subsection (b);
            (3) $100,000,000 to make new awards or increase prior 
        awards to existing technical assistance providers, except that 
        increases to prior awards do not exceed 10 percent of the 
        amount made available under this subparagraph, to provide an 
        increase in capacity building and technical assistance 
        available to any grantees implementing activities or projects 
        consistent with this section, except that the Secretary may use 
        not more than 10 percent of the amount made available under 
        this paragraph to increase prior awards to existing technical 
        assistance providers to provide an immediate increase in 
        capacity building and technical assistance; and
            (4) $360,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the HOME and Housing Trust Fund programs generally, 
        including information technology, financial reporting, research 
        and evaluations, other cross-program costs in support of 
        programs administered by the Secretary in this title, and other 
        costs. The Secretary may transfer and merge amounts 
        appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Terms and Condition.--
            (1) Formula.--The Secretary shall allocate amounts made 
        available under subsection (a)(2) pursuant to the formula 
        specified in section 1338(c)(3) of the Federal Housing 
        Enterprises Financial Safety and Soundness Act of 1992 (12 
        U.S.C. 4568(c)(3)) to grantees that received Housing Trust Fund 
        allocations pursuant to that same formula in fiscal year 2021 
        and shall make such allocations within 60 days of the date of 
        the enactment of this Act.
            (2) Eligible activities.--Other than as provided in 
        paragraph (5) of this subsection, funds made available under 
        subsection (a)(2) may only be used for eligible activities 
        described in subparagraphs (A) through (B)(i) of section 
        1338(c)(7) of the Federal Housing Enterprises Financial Safety 
        and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)), except that 
        not more than 10 percent of funds made available may be used 
        for activities under such subparagraph (B)(i).
            (3) Funding restrictions.--The commitment requirements in 
        section 218(g) (42 U.S.C. 12748(g)) of NAHA, the matching 
        requirements in section 220 (42 U.S.C. 12750) of NAHA, and the 
        set-aside for housing developed, sponsored, or owned by 
        community housing development organizations required in section 
        231 of NAHA (42 U.S.C. 12771) shall not apply for amounts made 
        available under this section.
            (4) Reallocation.--For funds provided under paragraphs (1) 
        and (2) of subsection (a), the Secretary may recapture certain 
        amounts remaining available to a grantee under this section or 
        amounts declined by a grantee, and reallocate such amounts to 
        other grantees under that paragraph to ensure fund expenditure, 
        geographic diversity, and availability of funding to 
        communities within the State from which the funds have been 
        recaptured.
            (5) Administration.-- Notwithstanding subsections (c) and 
        (d)(1) of section 212 of NAHA (42 U.S.C. 12742), eligible 
        grantees may use not more than 15 percent of their allocations 
        under this section for administrative and planning costs.
    (c) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of NAHA (42 U.S.C. 12701 et seq.) or 
regulation for the administration of the amounts made available under 
this section other than requirements related to fair housing, 
nondiscrimination, labor standards, and the environment, upon a finding 
that the waiver or alternative requirement is necessary to expedite or 
facilitate the use of amounts made available under this section.
    (d) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40003. HOUSING INVESTMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Housing Investment Fund, which 
shall be within the Community Development Financial Institutions Fund 
(in this section referred to as the ``CDFI Fund''), to--
            (1) increase and preserve the affordability and quality of 
        housing;
            (2) increase the availability of affordable, accessible 
        housing;
            (3) improve the energy and water efficiency and resiliency 
        of affordable housing;
            (4) enhance economic opportunities for residents, by 
        financing or supporting affordable housing located within 
        proximity to public transportation, as defined in section 5302 
        of title 49, United States Code, or centers of employment, and 
        education, and critical community services;
            (5) match the creation of housing supply to existing demand 
        and projected demand growth in the area, to the benefit of 
        existing residents and with attention to preventing 
        displacement of residents; and
            (6) further fair housing purposes addressing historic 
        disinvestment, the concentration of poverty, and housing 
        segregation on the basis of race, color, religion, natural 
        origin, sex, disability, or familial status.
    (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--
            (1) $9,640,000,000 to the Housing Investment Fund 
        established by this section; and
            (2) $360,000,000 for the costs to the CDFI Fund of 
        administering and overseeing the implementation of this 
        section, including information technology, financial reporting, 
        research and evaluations, fair housing compliance, and other 
        costs.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (c) Expenditures From Fund.--Amounts in the Housing Investment Fund 
shall be available to the CDFI Fund to make grants to increase 
investment in the development, preservation, rehabilitation, financing, 
or purchase of affordable housing primarily for low-, very low-, and 
extremely low- income families , and for homeowners with incomes up to 
120 percent of the area median income. The CDFI Fund may impose such 
conditions as it deems necessary to achieve the program goals, 
including coordinating with the Secretary of Housing and Urban 
Development to housing achieve the purposes of subsection (a)(6).
    (d) Eligible Grantees.--A grant under this section may be made, 
pursuant to such requirements as the CDFI Fund shall establish for 
experience and success in carrying out the types of activities proposed 
under the application of the grantee, only to--
            (1) a CDFI Fund certified community development financial 
        institution, as such term is defined in section 103 of the 
        Riegle Community Development and Regulatory Improvement Act of 
        1994 (12 U.S.C. 4702) that is not found to be out of compliance 
        with the obligation to affirmatively further fair housing, as 
        applicable;
            (2) a nonprofit organization having as one of its principal 
        purposes the creation, development, or preservation of 
        affordable housing and that is not found to be out of 
        compliance with the obligation to affirmatively further fair 
        housing, as applicable, including a subsidiary of a public 
        housing authority; or
            (3) a consortium comprised of certified community 
        development financial institutions, eligible nonprofit housing 
        organizations, or a combination of both.
    (e) Eligible Uses.--Grant amounts awarded from the Housing 
Investment Fund pursuant to this section may be used for the purposes 
described in subsection (c), including for the following uses:
            (1) To provide loan loss reserves.
            (2) To capitalize an acquisition fund to acquire 
        residential, industrial, or commercial property and land for 
        the purpose of the preservation, development, or rehabilitation 
        of affordable, accessible housing, including to support the 
        creation, preservation, or rehabilitation of resident-owned 
        manufactured housing communities.
            (3) To capitalize an affordable housing fund , for 
        development, preservation, rehabilitation, or financing of 
        affordable housing and economic development activities, 
        including community facilities, if part of a mixed-use project, 
        or activities described in this paragraph related to transit-
        oriented development, which may also be designated as a focus 
        of such a fund.
            (4) To capitalize an affordable housing mortgage fund, to 
        facilitate the origination of mortgages to buyers that may 
        experience significant barriers to accessing affordable 
        mortgage credit, including mortgages having low original 
        principal obligations.
            (5) For risk-sharing loans.
            (6) To provide loan guarantees.
            (7) To fund rental housing operations.
    (f) Applications.--The CDFI Fund shall provide, an application 
process, for eligible grantees under subsection (d) to submit 
applications for Housing Investment Fund grants to the CDFI Fund at 
such time and in such manner as the CDFI Fund shall determine.
    (g) Grant Limitation.--
            (1) In general.--The CDFI Fund shall establish limitations 
        on aggregate funds available for an eligible grantee and its 
        subsidiaries and affiliates, and eligible uses and activities 
        as appropriate.
            (2) Leverage of funds.--Each grant from the Housing 
        Investment Fund awarded under this section shall be reasonably 
        expected to result in eligible affordable housing activities 
        that support or sustain affordable housing funded by a grant 
        under this section and capital from other public and private 
        sources.
    (h) Direct Hiring Authority.--The CDFI Fund may use direct hiring 
authority to hire employees to administer the Housing Investment Fund.
    (i) Implementation.--The CDFI Fund shall have the authority to 
issue such regulations or other guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40004. SECTION 811 SUPPORTIVE HOUSING FOR PEOPLE WITH 
              DISABILITIES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $898,000,000 for capital advances, including amendments 
        to capital advance contracts, for supportive housing for 
        persons with disabilities, as authorized by section 811 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013) (in this section referred to as the ``Act''), and for 
        project rental assistance for supportive housing for persons 
        with disabilities under section 811(d)(2) of the Act and for 
        project assistance contracts pursuant to section 202(h) of the 
        Housing Act of 1959 (Public Law 86-372; 73 Stat. 667), for 
        project rental assistance to State housing finance agencies and 
        other appropriate entities as authorized under section 
        811(b)(3) of the Act, for State housing finance agencies;
            (2) $15,000,000 for providing technical assistance to 
        support State-level efforts to integrate housing assistance and 
        voluntary supportive services for residents of housing 
        receiving such assistance, which funding may also be used to 
        provide technical assistance to applicants and potential 
        applicants to understand program requirements and develop 
        effective applications; and the Secretary may use up to 10 
        percent of such amounts made available under this paragraph to 
        increase prior awards to existing technical assistance 
        providers to provide an immediate increase in capacity building 
        and technical assistance; and
            (3) $87,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Supportive Housing for Persons with Disabilities 
        program generally, including information technology, financial 
        reporting, research and evaluations, other cross-program costs 
        in support of programs administered by the Secretary in this 
        title, and other costs; the Secretary may transfer and merge 
        amounts appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of section 811(b)(3) of the Act (42 
U.S.C. 8013(b)(3)), or regulation that the Secretary administers that 
is applicable to such statute other than requirements related to fair 
housing, nondiscrimination, labor standards, and the environment, upon 
a finding that the waiver or alternative requirement is necessary to 
facilitate the use of amounts made available under this section.
    (c) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40005. SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $2,360,000,000 for the Supportive Housing for the 
        Elderly Program authorized under section 202 of the Housing Act 
        of 1959 (12 U.S.C. 1701q) (in this section referred to as the 
        ``Act''), which shall be used--
                    (A) for capital advance awards in accordance with 
                section 202(c)(1) of the Act to recipients that are 
                eligible under the Act;
                    (B) for section 8 project-based rental assistance 
                contracts in accordance with subsection (b) of this 
                section and section 8 of the United States Housing Act 
                of 1937 (42 U.S.C. 1437f), (in this section referred to 
                as the ``1937 Act'') for capital advance projects, 
                including new project-based rental assistance contracts 
                under section 8 of the 1937 Act for capital advance 
                projects notwithstanding subsections (b) and (c) of 
                section 202 of the Act (12 U.S.C. 1701q) and section 8 
                of the 1937 Act (42 U.S.C. 1437f), with the Secretary 
                setting the terms of such project-based rental 
                assistance contracts, including the duration and 
                provisions regarding rent setting and rent adjustment; 
                and
                    (C) for service coordinators;
            (2) $15,000,000, to provide technical assistance to support 
        State-level efforts to improve the design and delivery of 
        voluntary supportive services for residents of any housing 
        assisted under the Act and other housing supporting low-income 
        older adults, in order to support residents to age-in-place and 
        avoid institutional care, as well as to assist applicants and 
        potential applicants with project-specific design; and the 
        Secretary may use up to 10 percent of such amounts made 
        available under this paragraph to increase prior awards to 
        existing technical assistance providers to provide an immediate 
        increase in capacity building and technical assistance; and
            (3) $125,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Supportive Housing for the Elderly program generally, 
        including information technology, financial reporting, research 
        and evaluation, other cross-program costs in support of 
        programs administered by the Secretary in this title, and other 
        costs; the Secretary may transfer and merge amounts 
        appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of section 202 of the Act (12 U.S.C. 
1701q), section 8 of the 1937 Act (42 U.S.C. 1437f), or regulation that 
the Secretary administers that is applicable to such statutes other 
than requirements related to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that the waiver or 
alternative requirement is necessary to facilitate the use of amounts 
made available under this section.
    (c) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40006. IMPROVING ENERGY EFFICIENCY OR WATER EFFICIENCY OR CLIMATE 
              RESILIENCE OF AFFORDABLE HOUSING.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $5,314,000,000 for providing direct loans, which may be 
        forgivable, and grants, subject to terms and conditions, 
        including affordability requirements, determined by the 
        Secretary, to fund projects that improve the energy or water 
        efficiency, implement low-emission technologies, materials, or 
        processes, including zero-emission electricity generation, 
        energy storage, or building electrification, electric car 
        charging station installations, or address climate resilience 
        of multifamily properties;
            (2) $76,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this 
        section, including information technology, financial reporting, 
        research and evaluation, other cross-program costs in support 
        of programs administered by the Secretary in this title, and 
        other costs; and the Secretary may transfer and merge amounts 
        appropriated under this paragraph to section 40301;
            (3) $360,000,000 for expenses of contracts administered by 
        the Secretary, including to carry out property climate risk, 
        energy, or water assessments, due diligence, and underwriting 
        functions for such grant and direct loan program; and
            (4) $250,000,000 for energy and water benchmarking of 
        properties eligible to receive grants or loans under this 
        section, regardless of whether they actually received such 
        grants, along with associated data analysis and evaluation at 
        the property and portfolio level, including the development of 
        information technology systems necessary for the collection, 
        evaluation, and analysis of such data.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Eligible Recipients.--Amounts made available under this section 
shall be for direct loans, grants, and direct loans that can be 
converted to grants to properties receiving project-based assistance 
pursuant to section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), 
section 811 of the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), or section 8(b) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(b)).
    (c) Costs.--The costs of direct loans provided under this section, 
including the cost of modifying such direct loans or converting direct 
loans into grants, shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a).
    (d) Waiver.--The Secretary may waive or specify alternative 
requirements for any provision of section 202 of the Housing Act of 
1959 (12 U.S.C. 1701q), section 811 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 8013), section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), or any regulation applicable to 
such statutes other than requirements related to tenant rights and 
protections, rent setting, fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that the waiver or 
alternative requirement is necessary to facilitate the use of such 
amounts.

SEC. 40007. REVITALIZATION OF DISTRESSED MULTIFAMILY PROPERTIES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $3,870,000,000 for providing direct loans, which may be 
        forgivable, to owners of distressed properties for the purpose 
        of making necessary physical improvements, including to 
        subsidize gross obligations for the principal amount of direct 
        loans not to exceed $6,000,000,000, subject to the terms and 
        conditions in subsection (b); and
            (2) $130,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Office of Housing programs generally, including 
        information technology, financial reporting, research and 
        evaluations, other cross-program costs in support of programs 
        administered by the Secretary in this title, and other costs; 
        the Secretary may transfer and merge amounts appropriated under 
        this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031
    (b) Loan Terms and Conditions.--
            (1) Eligibility.--Owners of distressed multifamily housing 
        projects who meet each of the following requirements shall be 
        eligible for loan assistance under this section:
                    (A) The actual rents received by the owner of the 
                distressed property would not adequately sustain the 
                debt needed to make necessary physical improvements.
                    (B) Any such additional eligibility criteria as the 
                Secretary determines to be appropriate, including 
                factors that contributed to the property's distressed 
                state.
            (2) Use of loan funds.--Each recipient of loan assistance 
        under this section may only use such loan assistance to make 
        necessary physical improvements to a distressed property.
            (3) Loan availability.--The Secretary shall only provide 
        loan assistance to an owner of a distressed property when such 
        assistance, considered with other financial resources available 
        to the owner, is necessary to remove the property from a 
        distressed state. The Secretary may provide assistance in any 
        amount that the Secretary determines is needed to make the 
        necessary physical improvements that will correct the 
        deficiencies of the distressed property.
            (4) Interest rates and length.--Loans provided under this 
        section shall bear interest at 1 percent, and at origination 
        shall have a repayment period coterminous with the 
        affordability period established under paragraph (5), with the 
        frequency and amount of repayments to be determined by 
        requirements established by the Secretary.
            (5) Loan modifications or forgiveness.--With respect to 
        loans provided under this section, the Secretary may take any 
        of the following actions if the Secretary determines that doing 
        so will preserve affordability of the property:
                    (A) Waive any due on sale or due on refinancing 
                restriction.
                    (B) Consent to the terms of new owner debt to which 
                the loans may be subordinate, even if such new debt 
                would impact the rate of repayment of the loans.
                    (C) Extend the term of the loan.
                    (D) Forgive the loan in whole or in part.
            (6) Extended affordability period.--Each recipient of loan 
        assistance under this section shall agree to an extended 
        affordability period for the property that is subject to the 
        loan by extending any existing affordable housing use 
        agreements for an additional 30 years or, if the property is 
        not currently subject to a use agreement establishing 
        affordability requirements, by establishing a use agreement for 
        30 years.
            (7) Matching contribution.--Each recipient of loan 
        assistance under this section shall secure at least 20 percent 
        of the total cost needed to make the necessary physical 
        improvements from non-Federal sources other than under this 
        section, except in cases where the Secretary determines that a 
        lack of financial resources qualifies a loan recipient for--
                    (A) a reduced contribution below 20 percent; or
                    (B) an exemption to the matching contribution 
                requirement.
            (8) Additional loan conditions.--The Secretary may 
        establish additional conditions for loan eligibility provided 
        under this section as the Secretary determines to be 
        appropriate.
            (9) Properties insured under national housing act.--In the 
        case of a loan issued under this section that is secured by a 
        property with insurance under title II of the National Housing 
        Act (12 U.S.C. 1707 et seq.), the Secretary may use funds 
        available under this section as necessary to pay for the costs 
        of modifying such loan in accordance with section 502 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 661a).
            (10) Costs.--The costs of direct loans provided under this 
        section, including the cost of modifying such direct loans, 
        shall be as defined in section 502 of the Congressional Budget 
        Act of 1974 (2 U.S.C. 661a).
    (c) Definitions.--As used in this section--
            (1) the term ``multifamily housing project'' means a 
        project consisting of more than four dwelling units assisted, 
        insured, or with a loan held by the Secretary or a State or 
        State agency in part or in whole pursuant to--
                    (A) section 8 of the United States Housing Act of 
                1937 (42 U.S.C. 1437f), not including under subsection 
                (o)(13) of such section;
                    (B) section 202 of the Housing Act of 1959 (12 
                U.S.C. 1701q), as amended by section 801 of the 
                Cranston-Gonzalez National Affordable Housing Act;
                    (C) section 202 of the Housing Act of 1959 (former 
                12 U.S.C. 1701q), as such section existed before the 
                enactment of the Cranston-Gonzalez National Affordable 
                Housing Act;
                    (D) section 811 of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 8013); or
                    (E) section 236 of the National Housing Act (12 
                U.S.C. 1715z-1);
            (2) the term ``distressed property''? means a multifamily 
        housing project that has deficiencies that cause the property 
        to be at risk of physical obsolescence or economic non-
        viability;
            (3) the term ``Secretary''? means the Secretary of Housing 
        and Urban Development; and
            (4) the term ``necessary physical improvements'' means 
        capital improvements that the Secretary determines are 
        necessary to address the conditions making a property a 
        distressed property or that rise to such a level that delaying 
        physical improvements to the property would be detrimental to 
        the longevity of the property as suitable housing for 
        occupancy.
    (d) Implementation.--The Secretary shall have the authority to 
issue such regulations or other notices, guidance, forms, instructions, 
and publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40008. INVESTMENTS IN RURAL RENTAL HOUSING.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Agriculture (in this section 
referred to as the ``Secretary'') for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated--
            (1) $4,360,000,000, to remain available until expended, for 
        carrying out new construction, improvements to energy and water 
        efficiency or climate resilience, the removal of health and 
        safety hazards, and the preservation and revitalization of 
        housing authorized under sections 514, 515, and 516 of the 
        Housing Act of 1949 (42 U.S.C. 1484, 1485, and 1486)), subject 
        to the terms and conditions in subsection (b);
            (2) $200,000,000, to remain available until September 30, 
        2024, to provide grants under section 521(a)(2) of the Housing 
        Act of 1949 (42 U.S.C. 1490a(a)(2)) or agreements entered into 
        in lieu of debt forgiveness or payments for eligible households 
        as authorized by section 502(c)(5)(D) of the Housing Act of 
        1949 (42 U.S.C. 1472(c)(5)(D)), to provide continued assistance 
        to households assisted pursuant to Section 3203 of the American 
        Rescue Plan Act of 2021; and
            (3) $240,000,000, to remain available until expended, for 
        the costs to the Secretary of administering and overseeing the 
        implementation of this section, including information 
        technology, financial reporting, research and evaluations, 
        other cross-program costs in support of programs administered 
        by the Secretary in this title, and other costs.
    (b) Preservation and Revitalization Terms and Conditions.--
            (1) Loans and grants and other assistance.--The Secretary 
        shall provide direct loans and grants, including the cost of 
        modifying loans, as defined in section 502 of the Congressional 
        Budget Act of 1974 (2 U.S.C. 661a), to restructure existing 
        Department of Agriculture multi-family housing loans expressly 
        for the purposes of ensuring the project has sufficient 
        resources to preserve the project for the purpose of providing 
        safe and affordable housing for low-income residents and farm 
        laborers, including--
                    (A) reducing or eliminating interest;
                    (B) deferring loan payments;
                    (C) subordinating, reducing, or re-amortizing loan 
                debt; and
                    (D) providing other financial assistance, including 
                advances, payments, and incentives (including the 
                ability of owners to obtain reasonable returns on 
                investment) required by the Secretary, including such 
                assistance to non-profit entities and public housing 
                authorities.
            (2) Restrictive use agreement.--The Secretary shall as part 
        of the preservation and revitalization agreement obtain a 
        restrictive use agreement consistent with the terms of the 
        restructuring.
    (c) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40009. HOUSING VOUCHERS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $48,460,000,000 for--
                    (A) incremental tenant-based rental assistance for 
                extremely low-income families under section 8(o) of the 
                United States Housing Act of 1937 (42 U.S.C. 1437f(o));
                    (B) renewals of such tenant-based rental 
                assistance; and
                    (C) fees for the costs of administering tenant-
                based rental assistance and other eligible expenses, as 
                determined by the Secretary, such as security deposit 
                assistance and other costs related to the retention and 
                support of participating owners;
            (2) $24,000,000,000 for--
                    (A) incremental tenant-based rental assistance 
                under section 8(o) of the United States Housing Act of 
                1937 (42 U.S.C. 1437f(o)) for households experiencing 
                or at risk of homelessness, survivors of domestic 
                violence, dating violence, sexual assault, and 
                stalking, and survivors of trafficking families;
                    (B) renewals of such tenant-based rental 
                assistance; and
                    (C) fees for the costs of administering tenant-
                based rental assistance and other eligible expenses, as 
                determined by the Secretary, such as security deposit 
                assistance and other costs related to the retention and 
                support of participating owners;
            (3) $500,000,000 for--
                    (A) tenant protection vouchers for relocation and 
                replacement of public housing units demolished or 
                disposed of pursuant to section 18 of the United States 
                Housing Act of 1937 (42 U.S.C. 1437p) as part of a 
                public housing preservation or project-based 
                replacement transaction using funds made available 
                under this Act;
                    (B) renewals of such tenant-based rental 
                assistance; and
                    (C) fees for the costs of administering tenant-
                based rental assistance and other eligible expenses, as 
                determined by the Secretary, such as security deposit 
                assistance and other costs related to the retention and 
                support of participating owners;
            (4) $750,000,000 for competitive grants, subject to terms 
        and conditions determined by the Secretary, to public housing 
        agencies for mobility-related services for voucher families, 
        including families with children, and service coordination;
            (5) $500,000,0000 for eligible expenses to facilitate the 
        use of voucher assistance under this section and for other 
        voucher assistance under section 8(o) of the United States 
        Housing Act of 1937, as determined by the Secretary, including 
        property owner outreach and retention activities such as 
        incentive payments, security deposit payments and loss 
        reserves, landlord liaisons, and other uses of funds designed 
        primarily--
                    (A) to recruit owners of dwelling units, 
                particularly dwelling units in census tracts with a 
                poverty rate of less than 20 percent, to enter into 
                housing assistance payment contracts; and
                    (B) to encourage owners that enter into housing 
                assistance payment contracts as described in 
                subparagraph (A) to continue to lease their dwelling 
                units to tenants assisted under section 8(o) of the 
                United States Housing Act of 1937;
            (6) $750,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Housing Choice Voucher program generally, including 
        information technology, financial reporting, research and 
        evaluations, other cross-program costs in support of programs 
        administered by the Secretary in this title, and other costs; 
        and
            (7) $40,000,000 for making new awards or increasing prior 
        awards to existing technical assistance providers to provide an 
        increase in capacity building and technical assistance 
        available to public housing agencies, except that the Secretary 
        may use not more than 10 percent of the amount made available 
        under this paragraph to increase prior awards to existing 
        technical assistance providers to provide an immediate increase 
        in capacity building and technical assistance.
    (b) Terms and Conditions.--
            (1) Allocation.--The Secretary shall allocate initial 
        incremental assistance provided for rental assistance under 
        subsection (a)(1) and (2) in each fiscal year commencing in 
        2022 and ending in 2026 in accordance with a formula that 
        includes measures of severe housing need among extremely low-
        income renters and public housing agency capacity, and ensures 
        geographic diversity among public housing agencies 
        administering the Housing Choice Voucher program.
            (2) Election to administer.--The Secretary shall establish 
        a procedure for public housing agencies to accept or decline 
        the incremental vouchers made available under this section.
            (3) Failure to use vouchers promptly.--If a public housing 
        agency fails to lease the authorized vouchers it has received 
        under this subsection on behalf of eligible families within a 
        reasonable period of time, the Secretary may offset the 
        agency's voucher renewal allocations or revoke and redistribute 
        any unleased vouchers and associated funds, including 
        administrative fees and other expenses referred to in 
        subsections (a)(3) and (a)(4), to other public housing 
        agencies.
            (4) Prohibition of use under moving to work program.-- 
        Public housing agencies designated as Moving to Work agencies 
        shall be eligible for an allocation under this section, but may 
        only use such amounts for the activities listed in subsections 
        (a) for which the funds were provided to such agency.
            (5) Cap on project-based vouchers for vulnerable 
        populations.--Upon request by a public housing agency, the 
        Secretary may designate a number of the public housing agency's 
        vouchers allocated under this section as excepted units that do 
        not count against the percentage limitation on the number of 
        authorized units a public housing agency may project-base under 
        section 8(o)(13)(B) of the United States Housing Act of 1937, 
        in accordance with the conditions established by the Secretary. 
        This paragraph may not be construed to waive, limit, or specify 
        alternative requirements, or permit such waivers, limitations, 
        or alternative requirements, related to fair housing and 
        nondiscrimination, including the requirement to provide housing 
        and services to individuals with disabilities in integrated 
        settings.
    (c) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40010. PROJECT-BASED RENTAL ASSISTANCE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $14,760,000,000 for the project-based rental assistance 
        program, as authorized under section 8(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(b)), (in this section 
        referred to as the ``Act''), subject to the terms and 
        conditions of subsection (b) of this section;
            (2) $40,000,000 for providing technical assistance to 
        recipients of or applicants for project-based rental assistance 
        or to States allocating the project-based rental assistance; 
        and
            (3) $200,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the section 8 project-based rental assistance program 
        generally, including information technology, financial 
        reporting, research and evaluations, and other cross-program 
        costs in support of programs administered by the Secretary in 
        this title, and other costs; and the Secretary may transfer and 
        merge amounts appropriated under this subparagraph to section 
        40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Terms and Conditions.--
            (1) Authority.--Notwithstanding section 8(a) the Act (42 
        U.S.C. 1437f(a)), the Secretary may use amounts made available 
        under this section to provide assistance payments with respect 
        to newly constructed housing, existing housing, or 
        substantially rehabilitated non-housing structures for use as 
        new multifamily housing in accordance with this section and the 
        provisions of section 8 of the Act. In addition, the Secretary 
        may use amounts made available under this section for 
        performance-based contract administrators for section 8 
        project-based assistance, for carrying out this section and 
        section 8 of the Act.
            (2) Project-based rental assistance.--The Secretary may 
        make assistance payments using amounts made available under 
        this section pursuant to contracts with owners or prospective 
        owners who agree to construct housing, to substantially 
        rehabilitate existing housing, to substantially rehabilitate 
        non-housing structures for use as new multifamily housing, or 
        to attach the assistance to newly constructed housing in which 
        some or all of the units shall be available for occupancy by 
        very low-income families in accordance with the provisions of 
        section 8 of the Act. In awarding contracts pursuant to this 
        section, the Secretary shall give priority to owners or 
        prospective owners of multifamily housing projects located or 
        to be located in areas of high opportunity, as defined by the 
        Secretary, in areas experiencing economic growth or rising 
        housing prices to prevent displacement or secure affordable 
        housing for low-income households, or that serve people at risk 
        of homelessness or that integrate additional units that are 
        accessible for persons with mobility impairments and persons 
        with hearing or visual impairments beyond those required by 
        applicable Federal accessibility standards.
            (3) Allocation.--The Secretary may use various mechanisms, 
        alone or in combination, to award grants with amounts made 
        available under this section, including--
                    (A) using a competitive process, which the 
                Secretary may carry out in multiple rounds of 
                competition, each of which may have its own selection, 
                performance, and reporting criteria as established by 
                the Secretary;
                    (B) selecting proposals submitted through FHA loan 
                applications that meet specified criteria;
                    (C) delegating to States and territories the 
                awarding of contracts, including related determinations 
                such as the maximum monthly rent, subject to the 
                requirements of section 8 of the Act, as determined by 
                the Secretary; and
                    (D) using any other means that the Secretary 
                determines to be reasonable to accomplish the purposes 
                of this section.
            (4) Contract term, rent setting, and rent adjustments.--The 
        Secretary may set the terms of the contract, including the 
        duration and provisions regarding rent setting and rent 
        adjustments.
    (c) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of section 8 of the Act (42 U.S.C. 
1437f) or regulation that the Secretary administers that is applicable 
to such statute other than requirements related to tenant rights and 
protections, rent setting, fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that the waiver or 
alternative requirement is necessary to expedite or facilitate the use 
of amounts made available under this section.
    (d) Implementation.--The Secretary shall have the authority to 
issue such regulations or other notices, guidance, forms, instructions, 
and publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40011. INVESTMENTS IN NATIVE AMERICAN COMMUNITIES.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $784,375,000 for grants under title I of the Native 
        American Housing Assistance and Self-Determination Act of 1996 
        (in this section referred to as ``NAHASDA'') (25 U.S.C. 4101 et 
        seq.) , and the Secretary shall distribute such amount 
        according to the same funding formula used in fiscal year 2021;
            (2) $7,000,000 for grants under title VIII of NAHASDA (25 
        U.S.C. 4221 et seq.);
            (3) $784,375,000 for competitive grants to eligible 
        recipients authorized under title I of NAHASDA (25 U.S.C. 4111 
        et seq.), which may be used for--
                    (A) new construction and rehabilitation of 
                affordable housing;
                    (B) improving water or energy efficiency or 
                increasing resilience to natural hazards for housing 
                assisted by amounts made available under this 
                subsection; or
                    (C) ) other eligible affordable housing activities 
                under NAHASDA;
            (4) $334,250,000 for--
                    (A) competitive single-purpose Indian community 
                development block grants for Indian tribes under title 
                I of the Housing and Community Development Act of 1974 
                (42 U.S.C. 5301 et seq.); and
                    (B) imminent threat grants under title I of the 
                Housing and Community Development Act of 1974 (42 
                U.S.C. 5301 et seq.) for Indian tribes, or a tribal 
                organization, governmental entity, or nonprofit 
                organization designated by the Indian tribe to apply 
                for a grant on its behalf, which may be used to--
                            (i) address environmental threats, 
                        including long-term environmental threats;
                            (ii) assist Indian tribes with relocating a 
                        portion of or entire communities due to changes 
                        to the local environment; or
                            (iii) assist Indian tribes with addressing 
                        other threats to health and safety;
            (5) $50,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and Native American programs generally, including information 
        technology, financial reporting, research and evaluations, 
        other cross-program costs in support of programs administered 
        by the Secretary in this Act, and other costs; and
            (6) $40,000,000 to make new awards or increase prior awards 
        to existing technical assistance providers to provide an 
        immediate increase in capacity building and technical 
        assistance to grantees; and the Secretary may use not more than 
        10 percent of the amount under this paragraph to increase prior 
        awards to existing technical assistance providers to provide an 
        immediate increase in capacity building and technical 
        assistance.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Grantee Eligibility.--Notwithstanding any other provision of 
this section, of NAHASDA (25 U.S.C. 4101 et seq.), or of the provisions 
of title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq) applicable to the Indian community development 
block grant program, an Indian tribe shall be ineligible to receive 
grants with amounts made available under this section if the Secretary 
determines that the Indian tribe is not in compliance with obligations 
under its 1866 treaty with the United States as it relates to the 
inclusion of persons who are lineal descendants of Freedmen as having 
the rights of the citizens of such tribes, unless a Federal court has 
issued a final order that determines the treaty obligations with 
respect to including Freedmen as citizens. For purposes of this 
subsection, a court order is not considered final if time remains for 
an appeal or application for discretionary review with respect to the 
order.
    (c) Preliminary Funding.--
            (1) Use of imminent threat grant amounts.--Of any amounts 
        made available in subsection (a)(4)(B), and in consultation 
        with the Department of the Interior, the Secretary may award 
        preliminary grants of up to $2,000,000 each to applicants that 
        have applied for a grant under subsection (a)(4)(B) before 
        making a final determination as to whether to award a grant 
        under subsection (a)(4)(B) to such applicant.
            (2) Need and capacity.--Prior to awarding a preliminary 
        grant under this subsection, the Secretary must determine, 
        based on a preliminary assessment of need and administrative 
        capacity, that the applicant is likely able to carry out the 
        grant successfully but would need additional administrative and 
        planning resources to develop a comprehensive implementation 
        plan and additional administrative capacity in order to 
        successfully administer a grant under subsection (a)(4)(B).
            (3) Eligible activities.--Such preliminary grants shall be 
        used for eligible program activities, as defined by the 
        Secretary, that the Secretary determines will allow the 
        applicant to successfully implement the grant.
            (4) Inapplicability.--Such preliminary grants are not 
        subject to administrative and planning caps.
            (5) Funding determinations.--The determination of whether 
        to award a final grant under subsection (a)(4)(B) to an 
        applicant after preliminary funding was granted to an applicant 
        shall not be subject to review.
    (d) Reallocation.--Amounts made available under subsection (a)(1) 
that are not accepted within a time specified by the Secretary, are 
voluntarily returned, or are otherwise recaptured for any reason may be 
used to fund grants under paragraph (3) or (4) of subsection (a).
    (e) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of NAHASDA (25 U.S.C. 4101 et seq.), 
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq), or regulation that the Secretary administers that is 
applicable to such statutes other than requirements related to fair 
housing, nondiscrimination, labor standards, and the environment, upon 
a finding that the waiver or alternative requirement is necessary to 
expedite or facilitate the use of amounts made available under this 
section.
    (f) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

     Subtitle B--21st Century Sustainable and Equitable Communities

SEC. 40101. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR AFFORDABLE 
              HOUSING AND INFRASTRUCTURE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $6,600,000,000 for grants to grantees under section 106 
        of the Housing and Community Development Act of 1974 (42 
        U.S.C.5306) under the community development block grant program 
        under title I of such Act, subject to subsection (b) of this 
        section, except that for purposes of amounts made available by 
        this paragraph, paragraph (2) of such section 106(a) shall be 
        applied by substituting ``$70,000,000'' for ``$7,000,000'';
            (2) $1,000,000,000 for assistance to community development 
        block grant grantees, as determined by the Secretary, under 
        section 106 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5306), only for colonias, to address the 
        community and housing infrastructure needs of existing colonia 
        residents based on a formula that takes into account persons in 
        poverty in the colonia areas, except that grantees may use 
        funds in colonias outside of the 150-mile border area upon 
        approval of the Secretary;
            (3) $500,000,000 for grants under the community development 
        block grant program under title I of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5301 et seq.) to eligible 
        recipients under subsection (d) of this section for 
        manufactured housing infrastructure improvements in eligible 
        manufactured home communities;
            (4) $300,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this 
        section, the Community Development Block Grant program, and the 
        manufactured home construction and safety standards program 
        generally, including information technology, financial 
        reporting, research and evaluations, fair housing compliance, 
        other cross-program costs in support of programs administered 
        by the Secretary in this title, and other costs; and the 
        Secretary may transfer and merge amounts set aside under this 
        paragraph to section 40301; and
            (5) $100,000,000 for providing technical assistance to 
        recipients of or applicants for grants under this section.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Housing Construction.--Expenditures on new construction of 
housing shall be an eligible expense for a recipient of funds made 
available under this section that is not a recipient of funds under 
title II of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 42 U.S.C. 12721 et seq.).
    (c) Manufactured Housing Community Improvement Grant Program.--
            (1) Establishment.--The Secretary of Housing and Urban 
        Development shall carry out a competitive grant program to 
        award funds appropriated under subsection (a)(4) to eligible 
        recipients to carry out eligible projects for improvements in 
        eligible manufactured home communities.
            (2) Eligible projects.--Amounts from grants under this 
        subsection shall be used only to assist in carrying out a 
        project for construction, reconstruction, repair, or clearance 
        of housing, facilities and improvements in or serving a 
        manufactured housing community that--
                    (A) is critically needed to protect the health and 
                safety of the residents of the manufactured housing 
                community and the long-term sustainability of the 
                community;
                    (B) can be commenced expeditiously assisted by a 
                grant under this subsection; and
                    (C) includes activities--
                            (i) eligible under the community 
                        development block grant program under title I 
                        of the Housing and Community Development Act of 
                        1974 (42 U.S.C. 5301 et seq.);
                            (ii) to facilitate installation, including 
                        foundation construction for new manufactured 
                        homes, as defined in section 603 of the 
                        National Manufactured Construction and Safety 
                        Standards Act of 1974 (42 U.S.C. 5402) and 
                        regulated under associated regulations, and 
                        previously sold certified manufactured homes; 
                        or
                            (iii) to mitigate flood risk.
            (3) Criteria.--The Secretary shall prioritize awards under 
        this section by the extent to which the project will assist 
        low-income families and preserve long-term housing 
        affordability for residents of an eligible manufactured home 
        community.
    (d) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.) or regulation that the 
Secretary administers in connection with use of amounts made available 
under this section other than requirements related to fair housing, 
nondiscrimination, labor standards, and the environment, upon a finding 
that the waiver or alternative requirement is necessary to expedite or 
facilitate the use of amounts made available under this section.
    (e) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Colonia area.--The term ``colonia area'' means any 
        census tract that--
                    (A) is an area of the United States within 150 
                miles of the contiguous border between the United 
                States and Mexico, except as otherwise determined by 
                the Secretary; and
                    (B) lacks potable water supply, adequate sewage 
                systems, and lack of decent, safe, sanitary housing, 
                and other objective criteria as approved by the 
                Secretary.
            (2) Eligible manufactured home community.--The term 
        ``eligible manufactured home community'' means a community 
        that--
                    (A) meets the affordable housing safe harbor 
                requirements of the Internal Revenue Service under 
                section 601.201 of title 26, Code of Federal 
                Regulations; and
                    (B)(i) is owned by the residents of the 
                manufactured housing community through a resident-
                controlled entity, as defined by the Secretary, in 
                which at least two-thirds of residents are member-
                owners of the land-owning entity; or
                    (ii) the Secretary otherwise determines is subject 
                to such binding agreements as are necessary to ensure 
                that the manufactured housing community will be 
                maintained as such a community, and affordable for low-
                income families (as such term is defined in section 104 
                of the Cranston-Gonzalez National Affordable Housing 
                Act (42 U.S.C. 12704)), on a long-term basis.
            (3) Eligible recipient.--The term ``eligible recipient'' 
        means a partnership of--
                    (A) a grantee under section 106 of the Housing and 
                Community Development Act of 1974 (42 U.S.C.5306); and
                    (B) an eligible manufactured home community, a 
                nonprofit entity, or a consortia of nonprofit entities 
                working with an eligible manufactured home community.
            (4) Manufactured home community.--The term ``manufactured 
        home community'' means any community, court, or park equipped 
        to accommodate manufactured homes for which pad sites, with or 
        without existing manufactured homes or other allowed homes, or 
        other suitable sites, are used primarily for residential 
        purposes, with any additional requirements as determined by the 
        Secretary, including any manufactured housing community as such 
        term is used for purposes of the program of the Federal 
        National Mortgage Association for multifamily loans for 
        manufactured housing communities and the program of the Federal 
        Home Loan Mortgage Corporation for loans for manufactured 
        housing communities.
    (f) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40102. LEAD-BASED PAINT HAZARD CONTROL AND HOUSING-RELATED HEALTH 
              AND SAFETY HAZARD MITIGATION IN HOUSING OF FAMILIES WITH 
              LOWER INCOMES.

    (a) Appropriation.--In addition to amounts otherwise made 
available, there is appropriated to the Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $6,430,000,000 for grants to States, units of general 
        local government, Indian tribes or their tribally designated 
        housing entities, and nonprofit organizations for the 
        activities under subsection (c) in target housing units, and 
        common areas servicing such units, where low-income families 
        reside or are expected to reside that is not public housing, 
        housing assisted by project-based rental assistance under 
        section 8 of the United States Housing Act of 1937 (42 U.S.C. 
        1437f), including under subsection (o)(13) of such section, nor 
        housing assisted under section 202 of the Housing Act of 1959 
        (12 U.S.C. 1701q) or section 811 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8013);
            (2) $500,000,000 for grants to State or local governments 
        or nonprofit entities for the activities in subsection (c) in 
        target housing units, and common areas servicing such units, 
        that are being assisted under the Weatherization Assistance 
        Program authorized under title IV of the Energy Conservation 
        and Production Act (42 U.S.C. 6851 et seq.) but are not public 
        housing, housing assisted by project-based rental assistance 
        under section 8 of the United States Housing Act of 1937 (42 
        U.S.C. 1437f), including under subsection (o)(13) of such 
        section, nor housing assisted under section 202 of the Housing 
        Act of 1959 (12 U.S.C. 1701q) or section 811 of the Cranston-
        Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
            (3) $2,000,000,000 for grants to owners of a property 
        receiving project-based rental assistance under section 8 of 
        the United States Housing Act of 1937 (42 U.S.C. 1437f), 
        including under subsection (o)(13) of such section, that meets 
        the definition of target housing and that has not received a 
        grant for similar purposes under this Act for the activities in 
        subsection (c), except subsection (c)(2), in target housing 
        units receiving such assistance and common areas servicing such 
        units;
            (4) $810,000,000 for costs related to training and 
        technical assistance to support identification and mitigation 
        of lead and housing-related health and safety hazards, 
        research, and evaluation related to activities under this 
        section; and
            (5) $260,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this 
        section, and the Secretary's lead hazard reduction and related 
        programs generally including information technology, financial 
        reporting, research and evaluations, other cross-program costs 
        in support of programs administered by the Secretary in this 
        Act, and other costs; the Secretary may transfer and merge 
        amounts appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Terms and Conditions.--
            (1) Income eligibility determinations.--Notwithstanding any 
        inconsistent requirements, the Secretary may make income 
        determinations of eligibility for enrollment of housing units 
        for grants awarded under--
                    (A) subsection (a)(1) using criteria under title I 
                of the Housing and Community Development Act of 1974 
                (42 U.S.C. 5301 et seq.), title II of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                12701 et seq.), section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f), title IV of the Energy 
                Conservation and Production Act (42 U.S.C. 6851 et 
                seq.), section 2605 of the Low-Income Home Energy 
                Assistance Act of 1981 (42 U.S.C. 8624), or section 
                2044 of title 38, United States Code, as determined 
                appropriate by the Secretary;
                    (B) subsection (a)(2) using criteria under section 
                8 of the United States Housing Act of 1937 (42 U.S.C. 
                1437f) or title IV of the Energy Conservation and 
                Production Act (42 U.S.C. 6851 et seq.).
            (2) Housing families with young children.--An owner of 
        rental property that receives assistance under subsection 
        (a)(3) shall give priority in renting units for which the lead-
        based paint has been abated pursuant to subsection (a)(3), for 
        not less than 3 years following the completion of lead 
        abatement activities, to families with a child under the age of 
        6 years.
            (3) Administrative expenses.--A recipient of a grant under 
        this section may use up to 10 percent of the grant for 
        administrative expenses associated with the activities funded 
        by this section.
    (c) Eligible Activities.--Grants awarded under this section shall 
be used for--
            (1) abatement of lead-based paint in target housing;
            (2) interim controls of lead-based paint hazards in target 
        housing;
            (3) lead-based paint inspections;
            (4) lead risk assessments;
            (5) lead hazard control clearance examinations;
            (6) testing for housing-related health and safety hazards;
            (7) mitigation of housing-related health and safety 
        hazards, including lead faucets, fixtures, and interior lines;
            (8) technical assistance;
            (9) providing work practices training to local residents;
            (10) outreach and engagement with community stakeholders, 
        including stakeholders in disadvantaged communities;
            (11) capacity building;
            (12) program evaluation and research;
            (13) environmental reviews; or
            (14) activities that directly or indirectly support the 
        work under this section, as applicable, that without which such 
        activities could not be conducted.
    (d) Environmental Review.--For purposes of environmental review 
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and other provisions of law that further the purposes of 
such Act, a grant under subsection (a) of this section shall be 
considered funds for a special project for purposes of section 305(c) 
of the Multifamily Housing Property Disposition Reform Act of 1994 (42 
U.S.C. 3547), provided that references in such section 305(c) to 
``State or unit of general local government'' shall be deemed to 
include Indian tribes.
    (e) Definitions.--For purposes of this section, the following 
definitions, and definitions in section 1004 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b), shall 
apply:
            (1) Nonprofit; nonprofit organization.--The terms 
        ``nonprofit'' and ``nonprofit organization'' mean a 
        corporation, community chest, fund, or foundation not organized 
        for profit, but organized and operated exclusively for 
        religious, charitable, scientific, testing for public safety, 
        literary, or educational purposes; or an organization not 
        organized for profit but operated exclusively for the promotion 
        of social welfare.
            (2) Public housing; public housing agency; low-income 
        family.--The terms ``public housing'', ``public housing 
        agency'', and ``low-income family'''' have the same meaning 
        given such terms in section 3(b) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437a(b)).
            (3) Tribally designated housing entity; indian tribe.--The 
        terms ``tribally designated housing entity'' and ``Indian 
        tribe'' have the same meaning given such terms in section 4 of 
        the Native American Housing Assistance and Self-Determination 
        Act of 1996 (25 U.S.C. 4103).
            (4) Unit of general local government.--The term ``unit of 
        general local government'' has the same meaning given such term 
        in section 102 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302).
    (f) Implementation.--The Secretary shall have the authority to 
issue such regulations or other notices, guidance, forms, instructions, 
and publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40103. UNLOCKING POSSIBILITIES PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $4,260,000,000 for awarding planning grants under this 
        section to develop and evaluate housing policy plans and 
        substantially improve housing strategies;
            (2) $20,000,000 for research and evaluation related to 
        housing policy planning and other associated costs;
            (3) $70,000,000 to provide technical assistance to grantees 
        or applicants for grants made available by this section; and
            (4) $150,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this 
        section, including information technology, financial reporting, 
        research and evaluations, fair housing compliance, and other 
        cross-program costs in support of programs administered by the 
        Secretary in this title; the Secretary may transfer and merge 
        amounts appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Program Establishment.--The Secretary of Housing and Urban 
Development shall establish a competitive grant program for--
            (1) planning grants to develop and evaluate housing policy 
        plans and substantially improve housing strategies;
            (2) streamlining regulatory requirements and shorten 
        processes, reform zoning codes, or other initiatives that 
        reduce barriers to housing supply elasticity and affordability;
            (3) developing and evaluating local or regional plans for 
        urban development to substantially improve urban development 
        strategies related to sustainability, fair housing, and 
        location efficiency;
            (4) implementation and livable community investment grants; 
        and
            (5) research and evaluation.
    (c) Grants.--
            (1) Planning grants.--The Secretary shall, under selection 
        criteria determined by the Secretary, award grants under this 
        paragraph on a competitive basis to eligible entities to 
        finance planning activities, including engagement with 
        community stakeholders and housing practitioners, to--
                    (A) develop housing policy plans;
                    (B) substantially improve State or local housing 
                strategies;
                    (C) develop new regulatory requirements and 
                processes, reform zoning codes, or undertake other 
                initiatives to reduce barriers to housing supply 
                elasticity and affordability;
                    (D) develop local or regional plans for urban 
                development; and
                    (E) substantially improve urban development 
                strategies, including strategies to increase 
                availability and access to affordable housing, to 
                further access to public transportation or to advance 
                other sustainable or location-efficient urban 
                development goals.
            (2) Implementation and livable community investment 
        grants.--The Secretary shall award implementation grants under 
        this paragraph on a competitive basis to eligible entities for 
        the purpose of implementing--
                    (A) completed housing strategies and housing policy 
                plans and any planning to affirmatively further fair 
                housing within the meaning of subsections (d) and (e) 
                of section 808 of the Fair Housing Act (42 U.S.C. 608) 
                and applicable regulations and for community 
                investments that support the goals identified in such 
                housing strategies or housing policy plans;
                    (B) new regulatory requirements and processes, 
                reformed zoning codes, or other initiatives to reduce 
                barriers to housing supply elasticity and affordability 
                that are consistent with a plan under subparagraph (A);
                    (C) completed local or regional plans for urban 
                development and any planning to increase availability 
                and access to affordable housing, access to public 
                transportation and other sustainable or location-
                efficient urban development goals.
    (d) Coordination With FTA Administrator.--To the extent 
practicable, the Secretary shall coordinate with the Federal Transit 
Administrator in carrying out this section.
    (e) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, insular area, metropolitan city, or 
                urban county, as such terms are defined in section 102 
                of the Housing and Community Development Act of 1974 
                (42 U.S.C. 5302); or
                    (B) for purposes of grants under subsection (b)(1), 
                a regional planning agency or consortia.
            (2) Housing policy plan; housing strategy.--
                    (A) Housing policy plan.--The term ``housing policy 
                plan'' means a plan of an eligible entity to, with 
                respect to the area within the jurisdiction of the 
                eligible entity--
                            (i) match the creation of housing supply to 
                        existing demand and projected demand growth in 
                        the area, with attention to preventing 
                        displacement of residents, reducing the 
                        concentration of poverty, and meaningfully 
                        reducing and not perpetuating housing 
                        segregation on the basis of race, color, 
                        religion, natural origin, sex, disability, or 
                        familial status;
                            (ii) increase the affordability of housing 
                        in the area, increase the accessibility of 
                        housing in the area for people with 
                        disabilities, including location-efficient 
                        housing, and preserve or improve the quality of 
                        housing in the area;
                            (iii) reduce barriers to housing 
                        development in the area, with consideration for 
                        location efficiency, affordability, and 
                        accessibility; and
                            (iv) coordinate with the metropolitan 
                        transportation plan of the area under the 
                        jurisdiction of the eligible entity, or other 
                        regional plan.
                    (B) Housing strategy.--The term ``housing 
                strategy'' means the housing strategy required under 
                section 105 of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12705).
    (f) Costs to Grantees.--Up to 15 percent of a recipient's grant may 
be used for administrative costs.
    (g) Rules of Construction.--
            (1) In general.-- Except as otherwise provided by this 
        section, amounts appropriated or otherwise made available under 
        this section shall be subject to the community development 
        block grant program requirements under title I of the Housing 
        and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
            (2) Exceptions.--
                    (A) Housing construction.--Expenditures on new 
                construction of housing shall be an eligible expense 
                under this section.
                    (B) Buildings for general conduct of government .--
                Expenditures on building for the general conduct of 
                government, other than the Federal Government, shall be 
                eligible under this section when necessary and 
                appropriate as a part of a natural hazard mitigation 
                project.
    (h) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.) or regulation for the 
administration of the amounts made available under this section other 
than requirements related to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that the waiver or 
alternative requirement is necessary to expedite or facilitate the use 
of amounts made available under this section.
    (i) Implementation.--The Secretary shall have the authority to 
issue such regulations or other notices, guidance, forms, instructions, 
and publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40104. STRENGTHENING RESILIENCE UNDER NATIONAL FLOOD INSURANCE 
              PROGRAM.

    (a) Program Debt.--
            (1) Cancellation.--Subject only to paragraphs (2) and (3) 
        and notwithstanding any other provision of law, all 
        indebtedness of the Administrator of the Federal Emergency 
        Management Agency under any notes or other obligations issued 
        pursuant to section 1309(a) of the National Flood Insurance Act 
        of 1968 (42 U.S.C. 7 4016(a)) and section 15(e) of the Federal 
        Insurance Act of 1956 (42 U.S.C. 2414(e)), and outstanding as 
        of the date of the enactment of this Act, is hereby canceled, 
        the Administrator and the National Flood Insurance Fund are 
        relieved of all liability to the Secretary of the Treasury 
        under any such notes or other obligations, including for any 
        capitalized interest due under such notes or other obligations 
        and any other fees and charges payable in connection with such 
        notes and obligations, and the total amount of notes and 
        obligations issued by the Administrator pursuant to such 
        section shall be considered to be reduced by such amount for 
        purposes of the limitation on such total amount under such 
        section.
            (2) Use of savings.--Effective on and after October 1, 
        2031, the Administrator of the Federal Emergency Management 
        Agency shall use any savings accruing from the cancellation of 
        debt under paragraph (1), including any amounts of interest 
        payments avoided from such cancellation, only for deposit in 
        and use under the National Flood Insurance Reserve Fund under 
        section 1310A of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4017A).
            (3) Treatment of canceled debt.--The amount of the 
        indebtedness canceled under paragraph (1) may be treated as a 
        public debt of the United States.
    (b) Flood Hazard Mapping and Risk Analysis.----In addition to 
amounts otherwise available, there is appropriated to the Administrator 
of the Federal Emergency Management Agency for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $3,000,000,000, 
to remain available until expended, for necessary expenses for flood 
hazard mapping and risk analysis, which shall be in addition to, and 
shall supplement--
            (1) amounts otherwise available for those purposes, 
        including amounts appropriated to the National Flood Insurance 
        Fund established under section 1310 of such Act (42 U.S.C. 
        4017); and
            (2) any funds provided to the Administrator by States and 
        local governments under section 1360(f)(2) of such Act (42 
        U.S.C. 4101(f)(2)).
    (c) Means-tested Assistance for National Flood Insurance Program 
Policyholders.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Administrator of the 
        Federal Emergency Management Agency for fiscal year 2022, out 
        of any money in the Treasury not otherwise appropriated, 
        $1,000,000,000, to remain available until September 30, 2026, 
        to carry out a means-tested program under which the 
        Administrator provides assistance to eligible policyholders in 
        the form of graduated discounts for insurance costs with 
        respect to covered properties.
            (2) Terms and conditions.--
                    (A) Discounts.--The Administrator shall use funds 
                provided under this subsection to establish graduated 
                discounts available to eligible policyholders under 
                this subsection, with respect to covered properties, 
                which may be based on the following factors:
                            (i) The percentage by which the household 
                        income of the eligible policyholder is equal 
                        to, or less than, 120 percent of the area 
                        median income for the area in which the 
                        property to which the policy applies is 
                        located.
                            (ii) The number of eligible policyholders 
                        participating in the program authorized under 
                        this subsection.
                            (iii) The availability of funding.
                            (iv) Any other factor that the 
                        Administrator finds reasonable and necessary to 
                        carry out the purposes of this subsection
                    (B) Distribution of premium.--With respect to the 
                amount of the discounts provided under this subsection 
                in a fiscal year, and any administrative expenses 
                incurred in carrying out this subsection for that 
                fiscal year, the Administrator shall, from amounts made 
                available to carry out this subsection for that fiscal 
                year, deposit in the National Flood Insurance Fund 
                established under section 1310 of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4017) an amount equal 
                to those discounts and administrative expenses, except 
                to the extent that section 1310A of the National Flood 
                Insurance Act of 1968 (42 U.S.C. 4017a) applies to any 
                portion of those discounts or administrative expenses, 
                in which case the Administrator shall deposit an amount 
                equal to those amounts to which such section 1310A 
                applies in the National Flood Insurance Reserve Fund 
                established under such section 1310A.
                    (C) Requirement on timing.--Not later than 21 
                months after the date of the enactment of this section, 
                the Administrator shall issue interim guidance to 
                implement this subsection which shall expire on the 
                later of--
                            (i) the date that is 60 months after the 
                        date of the enactment of this section; or
                            (ii) the date on which a final rule issued 
                        to implement this subsection takes effect.
            (3) Definitions.--In this subsection:
                    (A) Administrator.--The term ``Administrator'' 
                means the Administrator of the Federal Emergency 
                Management Agency.
                    (B) Covered property.--The term ``covered 
                property'' means--
                            (i) a primary residential dwelling designed 
                        for the occupancy of from 1 to 4 families; or
                            (ii) personal property relating to a 
                        dwelling described in clause (i).
                    (C) Eligible policyholder.--The term ``eligible 
                policyholder'' means a policyholder with a household 
                income that is not more than 120 percent of the area 
                median income for the area in which the property to 
                which the policy applies is located.
                    (D) Insurance costs.--The term ``insurance costs'' 
                means, with respect to a covered property for a year--
                            (i) risk premiums and fees estimated under 
                        section 1307 of the National Flood Insurance 
                        Act of 1968 (42 U.S.C. 4014) and charged under 
                        section 1308 of such Act (42 U.S.C. 4015);
                            (ii) surcharges assessed under sections 
                        1304 and 1308A of such Act (42 U.S.C. 4011, 
                        4015a); and
                            (iii) any amount established under section 
                        1310A(c) of such Act (42 U.S.C. 4017a).

SEC. 40105. COMMUNITY RESTORATION AND REVITALIZATION FUND.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Community Restoration and Revitalization 
Fund established under subsection (b) for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated--
            (1) $5,700,000,000 for awards of planning and 
        implementation grants to eligible recipients to carry out 
        community-led projects to stabilize neighborhoods and increase 
        access to economic opportunity for residents by creating 
        equitable civic infrastructure and creating or preserving 
        affordable, accessible housing;
            (2) $500,000,000 for awards of grants to eligible 
        recipients to create, expand, and maintain community land 
        trusts and shared equity homeownership, including through the 
        acquisition, rehabilitation, and new construction of 
        affordable, accessible housing;
            (3) $1,000,000,000 for the Secretary to provide technical 
        assistance, capacity building, program support to applicants, 
        potential applicants, and recipients of amounts appropriated 
        for grants under this section; and
            (4) $300,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this 
        section, including information technology, financial reporting, 
        research and evaluations, fair housing compliance, and other 
        cross-program costs in support of programs administered by the 
        Secretary in this title; the Secretary may transfer and merge 
        amounts appropriated under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Establishment of Fund.--The Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') shall 
establish a Community Restoration and Revitalization Fund (in this 
section referred to as the ``Fund'') to award planning and 
implementation grants on a competitive basis to eligible recipients as 
defined in this section for activities authorized under title I of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
for community-led projects that create civic infrastructure to support 
a community's social, economic, and civic fabric, create fair, 
affordable and accessible housing opportunities, prevent residential 
displacement, acquire and remediate blighted properties, and promote 
quality job creation and retention.
    (c) Grants.--
            (1) Geographical areas.--The Secretary shall award grants 
        from the Fund to eligible recipients within geographical areas 
        at the neighborhood, county, census tract, or census tract 
        level, including census tracts adjacent to the project area 
        that are areas in need of investment, and that have at least 
        two of the following indicators:
                    (A) Dwelling unit sales prices that are lower than 
                the cost to acquire and rehabilitate, or build, a new 
                dwelling unit.
                    (B) High proportions of residential and commercial 
                properties that are vacant due to foreclosure, 
                eviction, abandonment, or other causes.
                    (C) Low rates of homeownership.
                    (D) Disparities in racial and ethnic homeownership 
                rates.
                    (E) High and persistent rates of poverty.
                    (F) High rates of unemployment and underemployment.
                    (G) Population at risk of displacement due to 
                rising housing costs.
                    (H) Historic population loss.
                    (I) Lack of private sector lending on fair and 
                competitive terms for individuals to purchase homes or 
                start small businesses.
                    (J) Other indicators of economic distress.
    (d) Eligible Recipients and Applicants.--
            (1) Eligible recipient.--An eligible recipient of a grant 
        under subsection (b)(1) shall be a local partnership of a lead 
        applicant and one or more joint applicants with the ability to 
        administer the grant. An eligible recipient of a grant under 
        subsection (b)(2) shall be a lead applicant with the ability to 
        administer the grant, including a regional or national 
        nonprofit, that may include a joint applicant.
            (2) Lead applicant.--An eligible lead applicant for a grant 
        awarded under this section shall be--
                    (A)(i) a nonprofit organization that--
                            (I) demonstrates a commitment to anti-
                        displacement efforts and has expertise in 
                        community planning, engagement, organizing, 
                        housing and community development, or 
                        neighborhood revitalization; and
                            (II) is located within or serves the 
                        geographical area of the project or that 
                        derives its mission and operational priorities 
                        from the needs of the geographical area of the 
                        project; or
                    (ii) if the geographical area of the project is 
                located in any area where no such local nonprofit 
                organization exists, a national nonprofit organization 
                with such expertise;
                    (B) a community development corporation, that is 
                located within or serves the geographical area of the 
                project and can demonstrate a track record of making 
                investments in the geographical area of the project, 
                and demonstrates a commitment to anti-displacement 
                efforts;
                    (C) a community housing development organization, 
                defined in section 104 of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12704) or a 
                community-based development organization, that is 
                located within or serves the geographical area of the 
                project and experienced in neighborhood revitalization, 
                community-based economic development, housing 
                development activities, and demonstrates a commitment 
                to anti-displacement efforts; or
                    (D) a community development financial institution, 
                as defined by section 103 of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4702), that is located within or serves the 
                geographical area of the project, demonstrates a 
                commitment to anti-displacement efforts, and has a 
                track record of making investments in the geographic 
                project area.
            (3) Joint applicants.--A joint applicant shall be a local, 
        regional or national entity that is--
                    (A) an organization that qualifies as a lead 
                applicant;
                    (B) a unit of general local government, as defined 
                in section 102 of the Housing and Community Development 
                Act of 1974 (42 U.S.C. 5302);
                    (C) an Indian tribe, as defined in section 102 of 
                the Housing and Community Development Act of 1974 (42 
                U.S.C. 5302);
                    (D) a nonprofit organization;
                    (E) a community development corporation;
                    (F) an anchor institution;
                    (G) a State housing finance agency (as such term is 
                defined in section 106(h) of the Housing and Urban 
                Development Act of 1968 (12 U.S.C. 1701x(h))) or a 
                related State agency;
                    (H) a land bank;
                    (I) a fair housing enforcement organization (as 
                such term is defined in section 561 of the Housing and 
                Community Development Act of 1987 (42 U.S.C. 3616a));
                    (J) a public housing agency (as such term is 
                defined in section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437a(b)));
                    (K) a community development financial institution, 
                as defined by section 103 of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4702); or
                    (L) a philanthropic organization.
    (e) Eligible Uses.--
            (1) In general.--Grants awarded under this section may be 
        used to support civic infrastructure and housing-related 
        activities. Projects must include at least one civic 
        infrastructure and at least one housing-related activity.
            (2) Planning grants.--Planning grants awarded under this 
        section may be used for civic infrastructure and housing-
        related activities, including--
                    (A) fair housing planning, to affirmatively further 
                fair housing;
                    (B) planning to prevent displacement especially of 
                extremely-low, very-low, low- and moderate-income 
                homeowners, renters, and people experiencing 
                homelessness;
                    (C) community planning and outreach;
                    (D) neighborhood engagement with resident leaders 
                and community groups;
                    (E) pre-development activities;
                    (F) community engagement processes;
                    (G) market analysis;
                    (H) financial planning and feasibility; and
                    (I) site surveys.
            (3) Implementation grants.--Implementation grants awarded 
        under this section may be used for activities eligible under 
        section 105 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5305) and other activities to support civic 
        infrastructure and housing-related activities, including--
                    (A) new construction of housing;
                    (B) demolition of abandoned or distressed 
                structures, but only if such activity is part of a 
                strategy that incorporates rehabilitation or new 
                construction, anti-displacement efforts such as 
                tenants' right to return and right of first refusal to 
                purchase, and efforts to increase affordable, 
                accessible housing and homeownership, except that not 
                more than 10 percent of any grant made under this 
                section may be used for activities under this 
                subparagraph unless the Secretary determines that such 
                use is to the benefit of existing residents;
                    (C) facilitating the creation, maintenance, or 
                availability of rental units, including units in mixed-
                use properties, affordable and accessible to a 
                household whose income does not exceed 80 percent of 
                the median income for the area, as determined by the 
                Secretary, for a period of not less than 30 years;
                    (D) facilitating the creation, maintenance, or 
                availability of homeownership units affordable and 
                accessible to households whose incomes do not exceed 
                120 percent of the median income for the area, as 
                determined by the Secretary;
                    (E) establishing or operating land banks; and
                    (F) providing assistance to existing residents 
                experiencing economic distress or at risk of 
                displacement, including purchasing nonperforming 
                mortgages and clearing and obtaining formal title.
            (4) Community land trust grants.--An eligible recipient of 
        a community land trust grant awarded under this section may use 
        such grant for activities to support civic infrastructure, 
        including the production, acquisition, and rehabilitation of 
        housing for use in a community land trust or shared equity 
        homeownership program, and expanding the capacity of the 
        recipient to carry out the grant.
            (5) Costs of grantees.--Up to 20 percent of a recipient's 
        grant may be used for administrative costs.
    (f) Rules of Construction.--Except as otherwise provided by this 
section, amounts appropriated or otherwise made available under this 
section shall be subject to the community development block grant 
program requirements under title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.).
    (g) Waivers.--The Secretary may waive or specify alternative 
requirements for any provision of title I of the Housing and Community 
Development Act of 1974 (42 U.S.C. 5301 et seq.) or regulation for the 
administration of the amounts made available under this section other 
than requirements related to fair housing, nondiscrimination, labor 
standards, and the environment, upon a finding that the waiver or 
alternative requirement is necessary to expedite or facilitate the use 
of amounts made available under this section.
    (h) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Anchor institution.--The term ``anchor institution'' 
        means a school, a library, a healthcare provider, a community 
        college or other institution of higher education, museum or 
        cultural institution, or another community support organization 
        or entity.
            (2) Community land trust.--The term ``community land 
        trust''' means a nonprofit organization or State or local 
        governments or instrumentalities that--
                    (A) use a ground lease or deed covenant with an 
                affordability period of at least 30 years or more to--
                            (i) make rental and homeownership units 
                        affordable to households; and
                            (ii) stipulate a preemptive option to 
                        purchase the affordable rentals or 
                        homeownership units so that the affordability 
                        of the units is preserved for successive 
                        income-eligible households; and
                    (B) monitor properties to ensure affordability is 
                preserved.
            (3) Land bank.--The term ``land bank'' means a government 
        entity, agency, or program, or a special purpose nonprofit 
        entity formed by one or more units of government in accordance 
        with State or local land bank enabling law, that has been 
        designated by one or more State or local governments to 
        acquire, steward, and dispose of vacant, abandoned, or other 
        problem properties in accordance with locally-determined 
        priorities and goals.
            (4) Shared equity homeownership program.--The term ``shared 
        equity homeownership program'' means a program to facilitate 
        affordable homeownership preservation through a resale 
        restriction program administered by a community land trust, 
        other nonprofit organization, or State or local government or 
        instrumentalities and that utilizes a ground lease, deed 
        restriction, subordinate loan, or similar legal mechanism that 
        includes provisions ensuring that the program shall--
                    (A) maintain the home as affordable for subsequent 
                very low-, low-, or moderate-income families for an 
                affordability term of at least 30 years after 
                recordation;
                    (B) apply a resale formula that limits the 
                homeowner's proceeds upon resale; and
                    (C) provide the program administrator or such 
                administrator's assignee a preemptive option to 
                purchase the homeownership unit from the homeowner at 
                resale.

SEC. 40106. FAIR HOUSING ACTIVITIES AND INVESTIGATIONS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $770,000,000 for the Fair Housing Initiatives Program 
        under section 561 of the Housing and Community Development Act 
        of 1987 (42 U.S.C. 3616a) to ensure existing and new fair 
        housing organizations have expanded and strengthened capacity 
        to address fair housing inquiries and complaints, conduct 
        local, regional, and national testing and investigations, 
        conduct education and outreach activities, and address costs of 
        delivering or adapting services to meet increased housing 
        market activity and evolving business practices in the housing, 
        housing-related, and lending markets. Amounts made available 
        under this section shall support greater organizational 
        continuity and capacity, including through up to 10-year 
        grants; and
            (2) $230,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Fair Housing Initiatives and Fair Housing Assistance 
        Programs generally, including information technology, financial 
        reporting, research and evaluations, other cross-program costs 
        in support of programs administered by the Secretary in this 
        title, and other costs. The Secretary may transfer and merge 
        amounts set aside under this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40107. INTERGOVERNMENTAL FAIR HOUSING ACTIVITIES AND 
              INVESTIGATIONS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $184,000,000 for support for cooperative efforts with 
        State and local agencies administering fair housing laws under 
        section 817 of the Fair Housing Act (42 U.S.C. 3616) to assist 
        the Secretary to affirmatively further fair housing, and for 
        Fair Housing Assistance Program cooperative agreements with 
        interim certified and certified State and local agencies, under 
        the requirements of subpart C of part 115 of title 24, Code of 
        Federal Regulations, to ensure expanded and strengthened 
        capacity of substantially equivalent agencies to assume a 
        greater share of the responsibility for the administration and 
        enforcement of fair housing laws; the Secretary may transfer 
        and merge amounts appropriated by this paragraph to section 
        40301; and
            (2) $66,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Fair Housing Assistance and Fair Housing Initiatives 
        Programs generally, including information technology, financial 
        reporting, research and evaluations, other cross-program costs 
        in support of programs administered by the Secretary in this 
        title, and other costs; the Secretary may transfer and merge 
        amounts appropriated by this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

                 Subtitle C--Homeownership Investments

SEC. 40201. FIRST-GENERATION DOWNPAYMENT ASSISTANCE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the First Generation Downpayment Fund 
established under subsection (b) for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated--
            (1) $6,825,000,000 for the First-Generation Downpayment 
        Assistance Fund under this section for allocation among States 
        that the Secretary of Housing and Urban Development has not 
        found to be out of compliance with the obligation to 
        affirmatively further fair housing, in accordance with a 
        formula established by the Secretary, which shall take into 
        consideration adult population size excluding homeowners, 
        median area home prices, and racial disparities in 
        homeownership rates, to carry out the eligible uses of the Fund 
        as described in subsection (c);
            (2) $2,275,000,000 for the First-Generation Downpayment 
        Assistance Program under this section for competitive grants to 
        eligible entities that the Secretary has not found to be out of 
        compliance with the obligation to affirmatively further fair 
        housing, to carry out the eligible uses of the Fund as 
        described in subsection (d);
            (3) $500,000,000 for the costs of providing housing 
        counseling required under the First-Generation Downpayment 
        Assistance Program under subsection (c)(1); and
            (4) $400,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of the First-
        Generation Downpayment Assistance Program, including 
        information technology, financial reporting, programmatic 
        reporting, ensuring fair housing and fair lending compliance, 
        research and evaluations, technical assistance to recipients of 
        amounts under this section, and other cross-program costs in 
        support to programs administered by the Secretary in this Act, 
        and other costs; the Secretary may transfer and merge accounts 
        set aside under this clause to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Establishment.--The Secretary of Housing and Urban Development 
shall establish and manage a fund to be known as the First Generation 
Downpayment Fund (in this section referred to as the ``Fund'') for the 
uses set forth in subsection (d).
    (c) Allocation of Funds.--
            (1) Initial allocation.--The Secretary shall allocate and 
        award funding provided by subsection (a) as provided under such 
        subsection not later than 12 months after the date of the 
        enactment of this section.
            (2) Reallocation of funds.--If a State or eligible entity 
        does not demonstrate the capacity to expend grant funds 
        provided under this section, the Secretary shall reallocate the 
        grant funds of such grantee among States and eligible entities 
        that demonstrate to the Secretary the capacity to expend such 
        amounts and that are satisfactorily meeting the goals of this 
        section.
    (d) Terms and Conditions of Grants Allocated or Awarded From 
Fund.--
            (1) Uses of funds.--States and eligible entities receiving 
        grants from the Fund shall--
                    (A) use such grants to provide assistance on behalf 
                of a qualified homebuyer who has completed a program of 
                housing counseling before entering into a sales 
                purchase agreement, as the Secretary shall require, 
                provided through a housing counseling agency approved 
                by the Secretary for--
                            (i) costs in connection with the 
                        acquisition, involving an eligible mortgage 
                        loan, of an eligible home, including 
                        downpayment costs, closing costs, and costs to 
                        reduce the rates of interest on eligible 
                        mortgage loans;
                            (ii) subsidies to make shared equity homes 
                        affordable to eligible homebuyers by 
                        discounting the price for which the home will 
                        be sold and to preserve the home's 
                        affordability for subsequent homebuyers; and
                            (iii) pre-occupancy home modifications that 
                        may be necessary to meet required property 
                        standards or accommodate qualified homebuyers 
                        or members of their household with 
                        disabilities;
                    (B) use not more than 10 percent of their grant 
                allocation or award for administrative costs and 
                training for carrying out the program of the State or 
                eligible entity to provide assistance with such grant 
                amounts, as well as to develop the capacity to track 
                and monitor program outcomes in consultation with 
                community-based and nonprofit organizations that have 
                as their mission to advance fair housing and fair 
                lending; and
                    (C) comply with the obligation to affirmatively 
                further fair housing, as defined by the Secretary to 
                implement section 808(e)(5) of the Fair Housing Act (42 
                U.S.C. 3608(e)(5)), in any program or activity related 
                to the use of such funds.
            (2) Amount and layering of assistance.--Assistance under 
        this section--
                    (A) may be provided to or on behalf of any 
                qualified homebuyer only once;
                    (B) may not exceed the greater of $20,000 or 10 
                percent of the purchase price in the case of a 
                qualified homebuyer, not to include assistance received 
                under subsection (d)(1)(A)(iii) for disability related 
                home modifications, except that the Secretary may 
                increase such maximum limitation amounts in the case of 
                a qualified homebuyer who is economically 
                disadvantaged; and
                    (C) may be provided to or on behalf of a qualified 
                homebuyer who is receiving assistance from other 
                sources, including other State, Federal, local, 
                private, public, and nonprofit sources, for acquisition 
                of an eligible home.
            (3) Prohibition of priority.--In selecting qualified 
        homebuyers for assistance with grant amounts under this 
        section, a State or eligible entity may not provide any 
        priority or preference for homebuyers who are acquiring 
        eligible homes with a mortgage loan made, insured, guaranteed, 
        or otherwise assisted by the State housing finance agency for 
        the State, any other housing agency of the State, or an 
        eligible entity when applicable.
            (4) Repayment of assistance.--
                    (A) Requirement.--The Secretary shall require that, 
                if a homebuyer to or on behalf of whom assistance is 
                provided from grant amounts under this section fails or 
                ceases to occupy the property acquired using such 
                assistance as the primary residence of the homebuyer, 
                except in the case of assistance is provided in 
                connection with the purchase of a principal residence 
                through a shared equity homeownership program, the 
                homebuyer shall repay to the State or eligible entity, 
                as applicable, in a proportional amount of the 
                assistance the homebuyer receives based on the number 
                of years they have occupied the eligible home up to 5 
                years, except that no assistance shall be repaid if the 
                qualified homebuyer occupies the eligible home as a 
                primary residence for 5 years or more.
                    (B) Limitation.--Notwithstanding subparagraph (A), 
                a homebuyer to or on behalf of whom assistance is 
                provided from grant amounts under this section shall 
                not be liable to the State or eligible entity for the 
                repayment of the amount of such shortage if the 
                homebuyer fails or ceases to occupy the property 
                acquired using such assistance as the principal 
                residence of the homebuyer at least in part because of 
                a hardship, such as death or military deployment; a 
                financial hardship, such as a significant reduction in 
                income, or increase in medical expenses; relocation for 
                a reason related to domestic violence, dating violence, 
                sexual assault, or stalking, as defined in the 
                Secretary's regulations implementing the Violence 
                Against Women Act; or relocation for a reason related 
                to the homebuyer or a member of the household's 
                disabilities; or another hardships based on criteria 
                established by the Secretary, or sells the property 
                acquired with such assistance before the expiration of 
                the 60-month period beginning on such date of 
                acquisition and the capital gains from such sale to a 
                bona fide purchaser in an arm's length transaction are 
                less than the amount the homebuyer is required to repay 
                the State or eligible entity under subparagraph (A).
            (5) Community land trusts and shared equity homeownership 
        programs.--If assistance from grant amounts under this section 
        is provided in connection with an eligible home made available 
        through a community land trust or shared equity homeownership 
        program, such assistance shall remain in the community land 
        trust or shared equity property upon transfer of the property 
        to keep the home affordable to the next eligible community land 
        trust or shared equity homebuyer.
            (6) Reliance on borrower attestations.--No additional 
        documentation beyond the borrower's attestation shall be 
        required to demonstrate eligibility under subparagraphs (B) and 
        (C) of subsection (e)(6) and no State, eligible entity, or 
        creditor shall be subject to liability, including monetary 
        penalties or requirements to indemnify a Federal agency or 
        repurchase a loan that has been sold or securitized, based on 
        the provision of assistance under this section to or on behalf 
        of a borrower who does not meet the eligibility requirements 
        under such subparagraphs if the creditor does so in good faith 
        reliance on borrower attestations of eligibility required under 
        such subparagraphs.
            (7) Reporting.--The Secretary may require the reporting of 
        such information on the use of grants provided from the Fund as 
        the Secretary may require to carry out this subsection.
    (e) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Community land trust.--The term ``community land 
        trust''" means a nonprofit organization or State or local 
        government, agencies or instrumentalities thereof, that--
                    (A) use a ground lease or deed covenant with an 
                affordability period of at least 30 years to--
                            (i) make homeownership units affordable to 
                        households; and
                            (ii) stipulate a preemptive option to 
                        purchase the affordable homeownership units so 
                        that the affordability of the units is 
                        preserved for successive income-eligible 
                        households; and
                    (B) monitor properties to ensure affordability is 
                preserved.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a minority depository institution, as such term 
                is defined in section 308 of the Financial Institutions 
                Reform, Recovery, and Enforcement Act of 1989 (12 
                U.S.C. 1463 note);
                    (B) a community development financial institution, 
                as such term is defined in section 103 of the Riegle 
                Community Development and Regulatory Improvement Act of 
                1994 (12 U.S.C. 4702), that is certified by the 
                Secretary of the Treasury and targets services to low-
                income and socially disadvantaged populations and 
                provides services in neighborhoods having high 
                concentrations of minority, low-income and socially 
                disadvantaged populations; and
                    (C) any other nonprofit, mission-driven entity that 
                the Secretary finds has a track record of providing 
                assistance to homeowners, targets services to low-
                income and socially disadvantaged populations, and 
                provides services in neighborhoods having high 
                concentrations of minority, low-income, or socially 
                disadvantaged populations.
            (3) Eligible home.--The term ``eligible home'' means a 
        residential dwelling, including a unit in a condominium or 
        cooperative project or a manufactured housing unit, that--
                    (A) consists of 1 to 4 dwelling units; and
                    (B) will be occupied by the qualified homebuyer, in 
                accordance with such assurances and commitments as the 
                Secretary shall require, as the primary residence of 
                the homebuyer.
            (4) Eligible mortgage loan.--The term ``eligible mortgage 
        loan'' means a single-family residential mortgage loan that--
                    (A) meets the underwriting requirements and dollar 
                amount limitations for acquisition by the Federal 
                National Mortgage Association or the Federal Home Loan 
                Mortgage Corporation;
                    (B) is made, insured, or guaranteed under any 
                program administered by the Secretary;
                    (C) is made, insured, or guaranteed under title V 
                of the Housing Act of 1949 (42 U.S.C. 1471 et seq.);
                    (D) is a qualified mortgage, as such term is 
                defined in section 129C(b)(2) of the Truth in Lending 
                Act (15 U.S.C. 1639c(b)(2)); or
                    (E) is made, insured, or guaranteed for the benefit 
                of a veteran.
            (5) First generation homebuyer.--The term ``first-
        generation homebuyer'' means a homebuyer that is, as attested 
        by the homebuyer--
                    (A) an individual--
                            (i) whose living parents or legal guardians 
                        do not, to the best of the individual's 
                        knowledge, have any present fee simple 
                        ownership interest in a principal residence in 
                        any State, excluding ownership of heir 
                        property;
                            (ii) who, if no parents or legal guardians 
                        are living upon acquisition of the eligible 
                        home to be acquired using such assistance, to 
                        the best of the individual's knowledge, their 
                        parents or legal guardians did not have any 
                        ownership interest in a principal residence in 
                        any State at the time of their death, excluding 
                        ownership of heir property; and
                            (iii) whose spouse or domestic partner has 
                        not, during the 3-year period ending upon 
                        acquisition of the eligible home to be acquired 
                        using such assistance, had any present 
                        ownership interest in a principal residence in 
                        any State, excluding ownership of heir 
                        property, whether the individual is a co-
                        borrower on the loan or not; or
                    (B) an individual who has at any time been placed 
                in foster care or institutional care whose spouse or 
                domestic partner has not, during the 3-year period 
                ending upon acquisition of the eligible home to be 
                acquired using such assistance, had any ownership 
                interest in a principal residence in any State, 
                excluding ownership of heir property, whether such 
                individuals are co-borrowers on the loan or not.
            (6) Qualified homebuyer.--The term ``qualified homebuyer'' 
        means a homebuyer--
                    (A) having an annual household income that is less 
                than or equal to--
                            (i) 120 percent of median income, as 
                        determined by the Secretary, for--
                                    (I) the area in which the home to 
                                be acquired using such assistance is 
                                located; or
                                    (II) the area in which the place of 
                                residence of the homebuyer is located; 
                                or
                            (ii) 140 percent of the median income, as 
                        determined by the Secretary, for the area 
                        within which the eligible home to be acquired 
                        using such assistance is located if the 
                        homebuyer is acquiring an eligible home located 
                        in a high-cost area;
                    (B) who is a first-time homebuyer, as such term is 
                defined at 42 U.S.C. 12704, except that ownership of 
                heir property shall not be treated as owning a home for 
                purposes of determining whether a borrower qualifies as 
                a first-time homebuyer; and
                    (C) who is a first-generation homebuyer.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (8) Shared equity homeownership program.--
                    (A) In general.--The term ``shared equity 
                homeownership program'' means affordable homeownership 
                preservation through a resale restriction program 
                administered by a community land trust, other nonprofit 
                organization, or State or local government or 
                instrumentalities.
                    (B) Affordability requirements.--Any such program 
                under subparagraph (A) shall--
                            (i) provide affordable homeownership 
                        opportunities to households; and
                            (ii) utilize a ground lease, deed 
                        restriction, subordinate loan, or similar legal 
                        mechanism that includes provisions ensuring 
                        that the program shall--
                                    (I) maintain the homeownership unit 
                                as affordable for subsequent very low-, 
                                low-, or moderate-income families for 
                                an affordability term of at least 30 
                                years after recordation;
                                    (II) apply a resale formula that 
                                limits the homeowner's proceeds upon 
                                resale; and
                                    (III) provide the program 
                                administrator or such administrator's 
                                assignee a preemptive option to 
                                purchase the homeownership unit from 
                                the homeowner at resale.
            (9) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the United States Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and American 
        Samoa.
            (10) Heir property.--The term ``heir property'' means 
        residential property for which title passed by operation of law 
        through intestacy and is held by two or more heirs as tenants 
        in common.
    (f) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40202. WEALTH-BUILDING HOME LOAN PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any amounts in the 
Treasury not otherwise appropriated--
            (1) $480,000,000 to the Secretary of Housing and Urban 
        Development for carrying out the program established under 
        subsection (b) and programs of the Federal Housing 
        Administration and the Government National Mortgage Association 
        generally, including information technology, financial 
        reporting, other cross-program costs in support of programs 
        administered by the Secretary in this Act, other costs, and for 
        the cost of guaranteed loans and other obligations; and
            (2) $20,000,000 to the Secretary of Agriculture for 
        carrying out the program established under subsection (b) and 
        programs of the Rural Housing Service generally, including 
        information technology and financial reporting in support of 
        the Program administered by the Secretary of Agriculture in 
        this Act, other costs, and for the cost of guaranteed loans and 
        other obligations.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Establishment of LIFT HOME FUNDS.--
            (1) In general.--There is established in each Loan 
        Guarantee Agency a fund to be known as the LIFT HOME Fund, into 
        which amounts appropriated under this section shall be 
        deposited and which shall be used by each Department for 
        carrying out the purposes of this section.
            (2) Management of fund.--The LIFT HOME Fund of each Loan 
        Guarantee Agency shall be administered and managed by the 
        respective Secretary, who shall establish reasonable and 
        prudent criteria for the management and operation of any 
        amounts in the Fund.
    (c) Use of Funds.--
            (1) Transfer of amounts to treasury.--Such portions of the 
        appropriation to the Secretary of Housing and Urban Development 
        shall be transferred by the Secretary of Housing and Urban 
        Development to the Department of the Treasury in an amount 
        equal to, as determined by the Secretary of the Treasury, in 
        consultation with the Secretary of Housing and Urban 
        Development--
                    (A) the amount the Secretary of the Treasury 
                estimates to be necessary for the purchase of 
                securities under the Program during the period for 
                which the funds are intended to be available;
                    (B) the difference between--
                            (i) the Secretary of the Treasury's 
                        receipts from the sale or other disposition of 
                        securities acquired under the Program; and
                            (ii) the Secretary of the Treasury's costs 
                        in purchasing such securities; and
                    (C) the Department of the Treasury's administrative 
                expenses related to the Program.
            (2) Credit subsidy.--Such portion of the appropriation to 
        each Secretary as may be necessary may be used for the cost to 
        the respective Loan Guarantee Agency of guaranteed loans under 
        this section. Such costs, including the costs of modifying such 
        loans, shall be as defined in section 502 of the Congressional 
        Budget Act of 1974 (2 U.S.C. 661a).
    (d) Establishment of the LIFT HOME Program.--Each Secretary shall 
establish, and carry out, with respect to any mortgage with a case 
number issued on or before December 31, 2025, that is subsequently 
insured or guaranteed by such Secretary, a program to make covered 
mortgage loans available to eligible homebuyers to purchase a single-
family residence for use as their principal residence (referred to in 
this section as the ``Program''), under which--
            (1) the Secretary of the Treasury--
                    (A) shall act as a purchaser, on behalf of the 
                Secretary of Housing and Urban Development, of 
                securities that are secured by covered mortgage loans;
                    (B) may designate financial institutions, including 
                banks, savings associations, trust companies, security 
                brokers or dealers, asset managers, investment 
                advisers, and other institutions and such institutions 
                shall--
                            (i) perform all reasonable duties related 
                        to this section as a financial agent of the 
                        United States as may be required; and
                            (ii) be paid for such duties using 
                        appropriations available to the Secretary of 
                        the Treasury to reimburse financial 
                        institutions in their capacity as financial 
                        agents of the United States;
                    (C) may use the services of any agency or 
                instrumentality of the United States or component 
                thereof on a reimbursable basis, and any such agency or 
                instrumentality or component thereof is authorized to 
                provide services as requested by the Secretary using 
                all authorities vested in or delegated to that agency, 
                instrumentality, or component;
                    (D) may manage, and exercise any rights received in 
                connection with, any financial instruments or assets 
                purchased or acquired pursuant to the authorities 
                granted under this section;
                    (E) may establish and use vehicles to purchase, 
                hold, and sell financial instruments and other assets; 
                and
                    (F) may issue such regulations and other guidance 
                as may be necessary or appropriate to carry out the 
                authorities or purposes of this section;
            (2) each Secretary of a Loan Guarantee Agency shall--
                    (A) establish pricing terms for covered mortgage 
                loans such that the covered mortgage loans carry a 
                monthly mortgage payment of principal and interest that 
                is not more than 110 percent and not less than 100 
                percent of the monthly payment of principal, interest, 
                and periodic mortgage insurance premium or loan 
                guarantee fee associated with a newly originated 30-
                year mortgage loan with the same loan balance insured 
                or guaranteed by the Loan Guarantee Agency as 
                determined by each Secretary, or such pricing terms as 
                are determined by each Secretary to be necessary to 
                develop liquidity for securities backed by covered 
                mortgage loans and expand Program participation by 
                eligible homebuyers; and
                    (B) establish an outreach and counseling program to 
                increase stakeholder awareness of the Program; and
            (3) the Secretary of Housing and Urban Development shall--
                    (A) in consultation with the Secretary of Treasury, 
                establish the pricing terms for the purchase of 
                securities guaranteed by the Association secured by 
                covered mortgage loans such that the covered mortgage 
                loans carry a monthly mortgage payment of principal and 
                interest that is not more than 110 percent and not less 
                than 100 percent of the monthly payment of principal, 
                interest, and periodic mortgage insurance premium or 
                loan guarantee fee associated with a newly originated 
                30-year mortgage loan with the same loan balance 
                insured or guaranteed by the Loan Guarantee Agency, or 
                such pricing terms as are determined by the Secretaries 
                to be necessary to develop liquidity for securities 
                backed by covered mortgage loans and expand Program 
                participation by eligible homebuyers;
                    (B) have the authority to designate mortgage 
                bankers, financial institutions, including banks, 
                savings associations, trust companies, security brokers 
                or dealers, asset managers, investment advisers, and 
                other institutions and such institutions shall--
                            (i) perform all reasonable duties related 
                        to this section as an agent of the United 
                        States as may be required; and
                            (ii) be paid for such duties using 
                        appropriations available under this section to 
                        the Secretary of Housing and Urban Development 
                        to reimburse these entities in their capacity 
                        as agents of the United States;
                    (C) have the authority to use the services of any 
                agency or instrumentality of the United States or 
                component thereof on a reimbursable basis, and any such 
                agency or instrumentality or component thereof is 
                authorized to provide services as requested by the 
                Secretary of Housing and Urban Development using all 
                authorities vested in or delegated to that agency, 
                instrumentality, or component;
                    (D) operate the Program in coordination with the 
                Association, the Federal Housing Administration, the 
                Rural Housing Service, and the Secretary of the 
                Treasury so as to demonstrate feasibility and 
                workability to market participants, including--
                            (i) originators and servicers of mortgages;
                            (ii) issuers of mortgage-backed securities; 
                        and
                            (iii) investors; and
                    (E) gain price discovery experience by instructing 
                the Secretary of the Treasury, following consultation 
                with the Secretary of Treasury to sell acquired 
                securities described in subparagraph (A) as soon as 
                practicable, thereby hastening the development of 
                liquidity for securities backed by covered mortgage 
                loans.
            (3) Limitation on aggregate loan guarantee authority.--The 
        aggregate original principal obligation of all covered mortgage 
        loans under this section for each Loan Guarantee Agency may not 
        exceed $5,000,000,000.
            (4) GNMA guarantee authority.--To carry out the purposes of 
        this section, the Association may enter into new commitments to 
        issue guarantees of securities based on or backed by mortgages 
        insured under this section, not exceeding $10,000,000,000.
            (5) GNMA guaranty fee.--To carry out the purposes of this 
        section, the Association may collect guaranty fees consistent 
        with section 306(g)(1) of the National Housing Act (12 U.S.C. 
        1721(g)(1)) that are paid at securitization.
    (e) Definitions.--In this section:
            (1) Association.--The term ``Association'' means the 
        Government National Mortgage Association.
            (2) Covered mortgage loan.--
                    (A) In general.--The term ``covered mortgage loan'' 
                means, for purposes of the Program established by the 
                Secretary of Housing and Urban Development, a mortgage 
                loan that--
                            (i) is insured or guaranteed by the Federal 
                        Housing Administration pursuant to section 
                        203(b) of the National Housing Act, subject to 
                        the eligibility criteria set forth in this 
                        subsection, and has a case number issued on or 
                        before December 31, 2025;
                            (ii) is made for an original term of 20 
                        years or for an original term determined by the 
                        Secretary to be necessary to develop liquidity 
                        for securities backed by covered mortgage loans 
                        and expand Program participation by eligible 
                        homebuyers;
                            (iii) subject to subparagraph (C) of this 
                        paragraph and notwithstanding section 
                        203(b)(2)(C) of the National Housing Act (12 
                        U.S.C. 1709(b)(2)(C)), has a mortgage insurance 
                        premium of not more than 4 percent of the loan 
                        balance that is paid at closing, financed into 
                        the principal balance of the loan, paid through 
                        an annual premium, or a combination thereof;
                            (iv) involves a rate of interest that is 
                        fixed over the term of the mortgage loan; and
                            (v) is secured by a single-family residence 
                        that is the principal residence of an eligible 
                        homebuyer.
                    (B) The term ``covered mortgage loan'' means, for 
                purposes of the Program established by the Secretary of 
                Agriculture, a loan guaranteed under section 502(h) of 
                the Housing Act of 1949 (42 U.S.C. 1472(h)) that--
                            (i) notwithstanding section 502(h)(7)(A) of 
                        the Housing Act of 1949 (42 U.S.C. 
                        1472(h)(7)(A)), is made for an original term of 
                        20 years or for an original term determined by 
                        the Secretary to be necessary to develop 
                        liquidity for securities backed by covered 
                        mortgage loans and expand Program participation 
                        by eligible homebuyers; and
                            (ii) subject to subparagraph (C) of this 
                        paragraph and notwithstanding section 
                        502(h)(8)(A) of the Housing Act of 1949 (42 
                        U.S.C. 1472(h)(8)(A)), has a loan guarantee fee 
                        of not more than 4 percent of the principal 
                        obligation of the loan.
                    (C) Waiver of mortgage insurance premium 
                requirement.--Each Secretary, in consultation with the 
                Secretary of the Treasury, and notwithstanding section 
                502(h)(8)(A) of the Housing Act of 1949 (42 U.S.C. 
                1472(h)(8)(A)) for purposes of the Program established 
                by the Secretary of Agriculture, may waive the mortgage 
                insurance premium cap or loan guarantee fee cap under 
                subparagraphs (A)(iii) and (B)(ii) with respect to 
                covered mortgage loans insured or guaranteed by the 
                Loan Guarantee Agency of which that Secretary is the 
                head if necessary to protect the solvency of the 
                associated insurance fund.
            (3) Department.--Unless otherwise specified, the term 
        ``Department'' means the Department of Housing and Urban 
        Development or the Department of Agriculture, as appropriate.
            (4) Eligible homebuyer.--The term ``eligible homebuyer'' 
        means an individual who--
                    (A) for purposes of the Program established by the 
                Secretary of Housing and Urban Development--
                            (i) has an annual household income that is 
                        less than or equal to--
                                    (I) 120 percent of median income 
                                for the area, as determined by the 
                                Secretary of Housing and Urban 
                                Development for--
                                            (aa) the area in which the 
                                        home to be acquired using such 
                                        assistance is located; or
                                            (bb) the area in which the 
                                        place of residence of the 
                                        homebuyer is located; or
                                    (II) if the homebuyer is acquiring 
                                an eligible home that is located in a 
                                high-cost area, 140 percent of the 
                                median income, as determined by the 
                                Secretary, for the area within which 
                                the eligible home to be acquired using 
                                assistance provided under this section 
                                is located;
                            (ii) is a first-time homebuyer, as defined 
                        in paragraph (6) of this subsection; and
                            (iii) (iii) is a first-generation homebuyer 
                        as defined in paragraph (5) of this subsection;
                    (B) for purposes of the Program established by the 
                Secretary of Agriculture--
                            (i) meets the applicable requirements in 
                        section 502(h) of the Housing Act of 1949 (42 
                        U.S.C. 1472(h)); and
                            (ii) is a first-time homebuyer as defined 
                        in paragraph (6) of this subsection and a 
                        first-generation homebuyer as defined in 
                        paragraph (5) of this subsection.
            (5) First-generation homebuyer.--The term ``first-
        generation homebuyer'' means a homebuyer that, as attested by 
        the homebuyer, is--
                    (A) an individual--
                            (i) whose living parents or legal guardians 
                        do not, to the best of the individual's 
                        knowledge, have any present fee simple 
                        ownership interest in a principal residence in 
                        any State, excluding ownership of heir 
                        property;
                            (ii) if no parents or legal guardians are 
                        living upon acquisition of the eligible home to 
                        be acquired using such assistance, to the best 
                        of the individual's knowledge, whose parents or 
                        legal guardians did not have any ownership 
                        interest in a principal residence in any State 
                        at the time of their death, excluding ownership 
                        of heir property; and
                            (iii) whose spouse, or domestic partner has 
                        not, during the 3-year period ending upon 
                        acquisition of the eligible home to be acquired 
                        using such assistance, had any present 
                        ownership interest in a principal residence in 
                        any State, excluding ownership of heir 
                        property, whether the individual is a co-
                        borrower on the loan or not; or
                    (B) an individual who has at any time been placed 
                in foster care or institutional care whose spouse or 
                domestic partner has not, during the 3-year period 
                ending upon acquisition of the eligible home to be 
                acquired using such assistance, had any ownership 
                interest in a principal residence in any State, 
                excluding ownership of heir property, whether such 
                individuals are co-borrowers on the loan or not.
            (6) First-time homebuyer.--The term ``first-time 
        homebuyer'' means a homebuyer as defined in section 104 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        12704), except that ownership of heir property shall not be 
        treated as owning a home for purposes of determining whether a 
        borrower qualifies as a first-time homebuyer.
            (7) Heir property.--The term ``heir property'' means 
        residential property for which title passed by operation of law 
        through intestacy and is held by two or more heirs as tenants 
        in common.
            (8) Loan guarantee agency.--Unless otherwise specified, the 
        term ``Loan Guarantee Agency'' means the Federal Housing 
        Administration of the Department of Housing and Urban 
        Development or the Rural Housing Service of the Department of 
        Agriculture, as appropriate.
            (9) Secretary.--Unless otherwise specified, the term 
        ``Secretary'' means the Secretary of Housing and Urban 
        Development or the Secretary of Agriculture, as appropriate.
    (f) Reliance on Borrower Attestations.--No additional documentation 
beyond the borrower's attestation shall be required to demonstrate 
eligibility under paragraph (4) of subsection (e) and no State, 
eligible entity, or creditor shall be subject to liability, including 
monetary penalties or requirements to indemnify a Federal agency or 
repurchase a loan that has been sold or securitized, based on the 
provision of assistance under this section to a borrower who does not 
meet the eligibility requirements under paragraph (4) of subsection (e) 
if the creditor does so in good faith reliance on borrower attestations 
of eligibility required under such paragraph.
    (g) Implementation.--The Secretary of Housing and Urban 
Development, the Secretary of Agriculture, and the Secretary of 
Treasury shall have authority to issue such regulations or other 
notices, guidance, forms, instructions, and publications as may be 
necessary or appropriate to carry out the programs, projects, or 
activities authorized under this section, including to ensure that such 
programs, projects, or activities are completed in a timely and 
effective manner.

SEC. 40203. HUD-INSURED SMALL DOLLAR MORTGAGE DEMONSTRATION PROGRAM.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated--
            (1) $76,000,000 for a program to increase access to small-
        dollar mortgages, as defined in subsection (b), which may 
        include payment of incentives to lenders, adjustments to terms 
        and costs, individual financial assistance, technical 
        assistance to lenders and certain financial institutions to 
        help originate loans, lender and borrower outreach, and other 
        activities;
            (2) $10,000,000 for the cost of insured or guaranteed 
        loans, including the cost of modifying loans, as defined in 
        section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
        661a); and
            (3) $14,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and programs in the Office of Housing generally, including 
        information technology, financial reporting, research and 
        evaluations, fair lending compliance, and other cross-program 
        costs in support of programs administered by the Secretary in 
        this title, and other costs; the Secretary may transfer and 
        merge amounts appropriated by this paragraph to section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Small-dollar Mortgage.--For purposes of this section, the term 
``small-dollar mortgage'' means a forward mortgage that--
            (1) has an original principal balance of $100,000 or less;
            (2) is secured by a one- to four-unit property that is the 
        mortgagor's principal residence; and
            (3) is insured by the Secretary pursuant to title II of the 
        National Housing Act (12 U.S.C. 1707 et seq.), or guaranteed by 
        the Secretary pursuant to section 184 or 184A of the Housing 
        and Community Development Act of 1992 (12 U.S.C. 1715z-13a, 
        1715z-13b).
    (c) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40204. INVESTMENTS IN RURAL HOMEOWNERSHIP.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Agriculture (in this section 
referred to as the ``Secretary''), out of any money in the Treasury not 
otherwise appropriated--
            (1) $70,000,000 for direct loans made under section 502 of 
        the Housing Act of 1949 (42 U.S.C. 1472);
            (2) $95,000,000 for providing single family housing repair 
        grants under section 504 of the Housing Act of 1949 (42 U.S.C. 
        1474), subject to the terms and conditions in subsection (b) of 
        this section;
            (3) $25,000,000 for grants under section 523 of the Housing 
        Act of 1949 (42 U.S.C. 1490c); and
            (4) $10,000,000 for administrative expenses of the 
        Secretary that in whole or in part support activities funded by 
        this section and related activities.
Amounts appropriated by this section shall remain available until 
expended.
    (b) Terms and Conditions.--
            (1) Eligibility.--Eligibility for grants from amounts made 
        available by subsection (a)(2) shall not be subject to the 
        limitations in section 3550.103(b) of title 7, Code of Federal 
        Regulations.
            (2) Uses.--Notwithstanding the limitations in section 
        3550.102(a) of title 7, Code of Federal Regulations, grants 
        from amounts made available by subsection (a)(2) shall be 
        available for the eligible purposes in section 3550.102(b) of 
        title 7, Code of Federal Regulations.

SEC. 40205. SELF-HELP HOMEOWNERSHIP OPPORTUNITY PROGRAM.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any amounts in the Treasury not otherwise 
appropriated, to the Secretary of Housing and Urban Development--
            (1) $49,500,000 for grants under section 11 of the Housing 
        Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 
        note); and
            (2) $500,000 for costs to the Secretary of administering 
        and overseeing the implementation of this section, including 
        information technology, financial reporting, research and 
        evaluations, fair lending compliance, and other cross-program 
        costs in support of programs administered by the Secretary in 
        this title, and other costs.
Amounts appropriated by this section shall remain available until 
September 30, 2031.

            Subtitle D--HUD and Community Capacity Building

SEC. 40301. PROGRAM ADMINISTRATION, TRAINING, TECHNICAL ASSISTANCE, 
              CAPACITY BUILDING, AND USICH.

    (a) 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) $1,985,000,000 to the Secretary of Housing and Urban 
        Development for--
                    (A) the costs to the Secretary of administering and 
                overseeing the implementation of this title and the 
                Department's programs generally, including information 
                technology, inspections of housing units, research and 
                evaluation, financial reporting, and other costs; and
                    (B) new awards or increasing prior awards to 
                provide training, technical assistance, and capacity 
                building related to the Department's programs, 
                including direct program support to program recipients 
                throughout the country, including insular areas, that 
                require such assistance with daily operations;
            (2) $5,000,000 to the United States Interagency Council on 
        Homelessness for necessary expenses in carrying out the 
        functions of the Council pursuant to title II of the McKinney-
        Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.); and
            (3) $10,000,000 to the Secretary of Housing and Urban 
        Development for necessary salaries and expenses of the Office 
        of the Inspector General of the Department of Housing and Urban 
        Development in carrying out the Inspector General Act of 1978.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

SEC. 40302. COMMUNITY-LED CAPACITY BUILDING.

    (a) Appropriation.--In addition to amounts otherwise made 
available, there is appropriated to the Secretary of Housing and Urban 
Development (in this section referred to as the ``Secretary'') for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated--
            (1) $90,000,000 for competitively awarded funds for 
        technical assistance and capacity building to non-Federal 
        entities, including nonprofit organizations that can provide 
        technical assistance activities to community development 
        corporations, community housing development organizations, 
        community land trusts, nonprofit organizations in insular 
        areas, and other mission-driven and nonprofit organizations 
        that target services to low-income and socially disadvantaged 
        populations, and provide services in neighborhoods having high 
        concentrations of minority, low-income, or socially 
        disadvantaged populations to--
                    (A) provide training, education, support, and 
                advice to enhance the technical and administrative 
                capabilities of community development corporations, 
                community housing development organizations, community 
                land trusts, and other mission-driven and nonprofit 
                organizations seeking to undertake affordable housing 
                development, acquisition, preservation, or 
                rehabilitation activities;
                    (B) provide grants or predevelopment assistance to 
                community development corporations, community housing 
                development organizations, and other mission-driven and 
                nonprofit organizations seeking to undertake affordable 
                housing development, acquisition, preservation, or 
                rehabilitation activities; and
                    (C) carry out such other activities as may be 
                determined by the grantees in consultation with the 
                Secretary; and
            (2) $10,000,000 for the costs to the Secretary of 
        administering and overseeing the implementation of this section 
        and the Department's technical assistance programs generally, 
        including information technology, research and evaluations, 
        financial reporting, fair housing compliance, and other cross-
        program costs in support of programs administered by the 
        Secretary in this title and other costs; the Secretary may 
        transfer and merge amounts set aside under this subsection to 
        section 40301.
Amounts appropriated by this section shall remain available until 
September 30, 2031.
    (b) Implementation.--The Secretary shall have authority to issue 
such regulations or other notices, guidance, forms, instructions, and 
publications as may be necessary or appropriate to carry out the 
programs, projects, or activities authorized under this section, 
including to ensure that such programs, projects, or activities are 
completed in a timely and effective manner.

                    Subtitle E--Economic Development

SEC. 40401. MINORITY BUSINESS DEVELOPMENT AGENCY.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Minority Business Development Agency for 
fiscal year 2022, out of amounts in the Treasury not otherwise 
appropriated--
            (1) $200,000,000, to remain available until September 30, 
        2026, for carrying out subsection (b)(1);
            (2) $1,200,000,000, to remain available until September 30, 
        2029, for carrying out subparagraphs (A), (B), (C), (D), (E), 
        (F), and (H) of subsection (b)(2);
            (3) $50,000,000, to remain available until September 30, 
        2026, for carrying out subparagraph (G) of subsection (b)(2);
            (4) $1,500,000,000, to remain available until September 30, 
        2026, for carrying out subsection (b)(3); and
            (5) $150,000,000, to remain available until September 30, 
        2029, for administrative costs associated with carrying out 
        subsection (b)(3).
    (b) Minority Business Development Agency.--
            (1) Rural business centers.--The Director of the Minority 
        Business Development Agency may enter into agreements with one 
        or more rural Business Centers of the Agency that are operated 
        by a minority-serving institution of higher education or by a 
        consortium of institutions of higher education that is led by a 
        minority-serving institution of higher education. Under such an 
        agreement, a rural Business Center shall provide assistance 
        primarily to eligible business enterprises located within a 
        rural area, as defined by the Director.
            (2) Other activities.--The Director of the Minority 
        Business Development Agency shall--
                    (A) pay salaries and related costs for employees;
                    (B) pay for administrative and other costs to 
                support initiatives that assist the formation, growth, 
                and expansion of eligible business enterprises;
                    (C) establish and provide assistance to Business 
                Centers and specialty Business Centers, prioritizing 
                for such establishment in States or regions that lack a 
                Business Center and have a significant population of 
                members of an underrepresented community;
                    (D) establish not fewer than 5 regional offices, in 
                locations determined by the Director;
                    (E) conduct an annual forum between the Federal 
                Government and businesses to review existing programs 
                and current challenges relating to capital formation by 
                eligible business enterprises;
                    (F) establish a program to assist small, 
                underserved manufacturers in accessing private capital 
                by accelerating technology adoption and providing 
                training and support in supply chain integration;
                    (G) provide grants to minority-serving institutions 
                of higher education to develop and implement 
                entrepreneurship curricula; and
                    (H) collect data and develop research and policies 
                regarding the needs and development of eligible 
                business enterprises.
            (3) Grants.--
                    (A) In general.--The Director of the Minority 
                Business Development Agency may provide grants to--
                            (i) a eligible business enterprise; and
                            (ii) an eligible nonprofit organization 
                        that will make subgrants to eligible business 
                        enterprises located in areas with significant 
                        populations of members of underrepresented 
                        communities.
                    (B) Application.--In making grants and subgrants to 
                eligible business enterprises and eligible nonprofit 
                organizations under this section, the Director shall 
                establish an application process and selection 
                criteria, which shall include--
                            (i) assurances that the eligible business 
                        enterprise and eligible nonprofit organization 
                        will use such grants and subgrants to address 
                        gaps in access to capital, assist with startup 
                        costs, or support business expansion;
                            (ii) criteria for determining the size of 
                        grant or subgrant award for the eligible 
                        business enterprise and eligible nonprofit 
                        organization; and
                            (iii) other criteria as determined by the 
                        Director.
                    (C) Eligible nonprofit organizations.--An eligible 
                nonprofit organization that receives a grant under this 
                section shall, when making a subgrant to an eligible 
                business enterprise described under subparagraph 
                (A)(ii), also use such grant to provide support to the 
                eligible business enterprise in one or more of the 
                following ways:
                            (i) Providing resources, which may include 
                        physical workspace and facilities, to startups 
                        and established eligible business enterprises.
                            (ii) Providing supports to accelerate the 
                        growth and success of eligible business 
                        enterprises through a variety of services, 
                        including--
                                    (I) access to capital, business 
                                education, and counseling;
                                    (II) networking opportunities;
                                    (III) mentorship opportunities;
                                    (IV) advising on market analysis, 
                                company strategy, revenue, growth, 
                                commercialization, and securing 
                                funding; and
                                    (V) other services intended to aid 
                                in developing eligible business 
                                enterprises.
                    (D) Business identifiers.--In accepting 
                applications for grants to eligible business 
                enterprises or subgrants to eligible business 
                enterprises under this subsection, the Director shall 
                allow each grantee or subgrantee to use existing 
                business identifiers of the subgrantee instead of other 
                forms of registration or identification.
                    (E) Eligible nonprofit organization.--In this 
                paragraph, the term ``eligible nonprofit organization'' 
                means an organization that is described in paragraph 
                (3) or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and that is exempt from taxation under 
                section 501(a) of such Code for which a primary 
                activity of the organization is to provide services or 
                financial support to eligible business enterprises 
                located in areas with significant populations of 
                members of underrepresented communities.
            (4) Returning funds.--If an entity that receives a grant or 
        assistance under this subsection fails to use all the funds or 
        permanently ceases operations on or before September 30, 2031, 
        the entity shall return the funds to the Minority Business 
        Development Agency. The Minority Business Development Agency 
        shall return all such funds to the Treasury if not expended by 
        September 30, 2031.
            (5) Penalties for failure to abide by terms or conditions 
        of award.--At the discretion of the Director and in addition to 
        any other civil or criminal consequences, the Director shall 
        withhold payments to an eligible applicant or order the 
        eligible applicant to return any assistance provided under this 
        section for failure to abide by the terms and conditions of 
        such assistance.
    (c) Definitions.--In this section:
            (1) Business center.--The term ``Business Center'' means 
        any business center that--
                    (A) is established by the Minority Business 
                Development Agency; and
                    (B) provides technical business assistance to 
                minority business enterprises.
            (2) Eligible business enterprise.--The term ``eligible 
        business enterprise'' means a business owned or controlled by 
        one or more members of an underrepresented community.
            (3) Member of an underrepresented community.--The term 
        ``member of an underrepresented community'' means an individual 
        who is--
                    (A) a resident of--
                            (i) a low-income community, as defined in 
                        section 45D(e) of the Internal Revenue Code of 
                        1986;
                            (ii) a low-income rural community; or
                            (iii) a HUBZone, as defined in section 
                        31(b) of the Small Business Act (15 U.S.C. 
                        657a);
                    (B) a member of an Indian or Alaska Native tribe, 
                band, nation, pueblo, village, community, component 
                band, or component reservation, individually identified 
                (including parenthetically) in the most recent list 
                published pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131);
                    (C) an individual with a disability, as defined in 
                section 3 of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12102);
                    (D) a veteran, as defined in section 101 of title 
                38, United States Code;
                    (E) an individual who completed a term of 
                imprisonment;
                    (F) an Afghan refugee, including an individual who 
                has received a Special Immigrant Visa, a P-2 
                classification, or special parole status; or
                    (G) an individual otherwise identified by the 
                Director.
            (4) Minority-serving institution of higher education.--The 
        term ``minority-serving institution of higher education'' 
        means--
                    (A) an institution described in section 371(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); 
                or
                    (B) a junior or community college, as defined in 
                section 312 of the Higher Education Act of 1965 (20 
                U.S.C. 1058).
            (5) Specialty business center.--The term ``specialty 
        Business Center'' means a Business Center that provides 
        specialty services focusing on specific business needs, 
        including assistance relating to--
                    (A) capital access;
                    (B) Federal procurement;
                    (C) entrepreneurship;
                    (D) technology transfer; or
                    (E) any other area determined necessary or 
                appropriate based on the priorities of the Director of 
                the Minority Business Development Agency.

SEC. 40402. MANUFACTURING FACILITY.

    (a) In General.--The State Small Business Credit Initiative Act of 
2010 (12 U.S.C. 5701 et seq.) is amended--
            (1) in section 3003--
                    (A) in subsection (b), by adding at the end the 
                following:
            ``(3) 2022 allocation.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of this paragraph, the Secretary 
                shall allocate Federal funds to participating States so 
                that each State is eligible to receive an amount equal 
                to what the State would receive under the 2022 
                allocation, as determined under subparagraph (B).
                    ``(B) 2022 allocation formula.--
                            ``(i) In general.--With respect to States, 
                        the Secretary shall determine the 2022 
                        allocation by allocating Federal funds among 
                        the States based on the manufacturing job 
                        losses per State over the 30-year period ending 
                        on the date of enactment of this paragraph.
                            ``(ii) Manufacturing job loss data.--If the 
                        Secretary determines that manufacturing job 
                        loss data with respect to a State is 
                        unavailable from the Bureau of Labor Statistics 
                        of the Department of Labor, the Secretary shall 
                        consider such other economic and employment 
                        data that is otherwise available for purposes 
                        of determining the employment data of such 
                        State.''; and
                    (B) by adding at the end the following:
    ``(g) Rules for the 2022 Allocation.--With respect to the 2022 
allocation:
            ``(1) Transfer of allocation.--The Secretary shall transfer 
        the full amount of each allocation to a State in a single 
        transfer and shall complete such transfer before September 30, 
        2022.
            ``(2) Use of transferred funds.--States may use allocations 
        of amounts appropriated for fiscal year 2022 to carry out the 
        Program only--
                    ``(A) for making Federal contributions to, or for 
                the account of, an approved State program, for the 
                purposes of, as determined by the Secretary of the 
                Treasury--
                            ``(i) maintaining the economic 
                        competitiveness of the United States;
                            ``(ii) maintaining a strong manufacturing 
                        base in the United States, including promoting 
                        advanced manufacturing technology and 
                        innovative technology;
                            ``(iii) increasing the supply and 
                        innovation of factory-built housing for 
                        affordability, accessibility, efficiency, and 
                        resilience; or
                            ``(iv) helping the United States transition 
                        to clean energy or clean manufacturing 
                        processes to combat climate change or to invest 
                        in innovation for climate change adapted 
                        production processes;
                    ``(B) as collateral for a qualifying loan or swap 
                funding facility, for the purposes described under 
                subparagraph (A); and
                    ``(C) for paying administrative costs incurred by 
                the State in implementing an approved State program in 
                an amount not to exceed 5 percent of such State's 
                allocation.
            ``(3) Special permission for certain municipalities.--
        Section 3004(d) shall apply to the 2022 allocation to the same 
        extent as such provision applies to an allocation made under 
        subsection (d), except that--
                    ``(A) paragraph (1) of section 3004(d) shall be 
                applied by substituting `6 months' for `9 months'; and
                    ``(B) paragraph (2) of section 3004(d) shall be 
                applied by substituting `9 months' for `12 months'.''; 
                and
            (2) in section 3009(c), by striking ``7-year period'' and 
        inserting ``10-year period''.
    (b) Appropriation.--In addition to amounts otherwise available, 
there is hereby appropriated to the Secretary of the Treasury for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until September 30, 
2031, to carry out the amendments made by subsection (a).
    (c) Rule of Application.--The amendments made by this section shall 
apply with respect to funds appropriated on the date of enactment of 
this section.

                TITLE V--COMMITTEE ON HOMELAND SECURITY

SEC. 50001. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

    In addition to amounts otherwise made available, there is 
appropriated for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, to remain available until September 30, 2031--
            (1) $50,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for support of the Multi-State Information 
        Sharing and Analysis Center;
            (2) $25,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for operating a cyber range;
            (3) $25,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for the execution of a national multi-factor 
        authentication campaign;
            (4) $400,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for the implementation of Executive Order 14028 
        (86 Fed. Reg. 26633; relating to improving the cybersecurity of 
        the United States), including the implementation of multi-
        factor authentication, endpoint detection and response, 
        improved logging, and securing cloud systems;
            (5) $50,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for expansion and operation of the Crossfeed 
        program;
            (6) $75,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for expansion and operation of the CyberSentry 
        program;
            (7) $10,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for performing activities in support of the 
        development of the continuity of the economy plan required 
        under section 9603(a) of title XCVI of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (Public Law 116-283; 6 U.S.C. 322);
            (8) $20,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for expanding programs working with 
        international partners on the protection of critical 
        infrastructure;
            (9) $50,000,000 to the Cybersecurity and Infrastructure 
        Agency for researching and developing means to secure 
        operational technology, including industrial control systems, 
        against cybersecurity vulnerabilities;
            (10) $100,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for cybersecurity workforce development and 
        education, including providing education, training, and 
        capacity development, including in collaboration with 
        historically Black colleges and universities, other minority-
        serving institutions, and community colleges, and to the 
        Cybersecurity Education and Training Program, to be used for 
        purposes that include--
                    (A) cybersecurity training and upskilling veterans;
                    (B) implementing cybersecurity apprenticeships at 
                the Agency; and
                    (C) cybersecurity programs for underserved 
                communities, as a focus for activities authorized under 
                section 2217 of the Homeland Security Act of 2002 (6 
                U.S.C. 665f); and
            (11) $60,000,000 to the Cybersecurity and Infrastructure 
        Security Agency for enhancing the cloud architecture, migration 
        advisory services, and cloud threat hunting capabilities of the 
        Agency.

                  TITLE VI--COMMITTEE ON THE JUDICIARY

                   Subtitle A--Immigration Provisions

SEC. 60001. LAWFUL PERMANENT RESIDENCE FOR CERTAIN ENTRANTS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS.

    ``(a) In General.--Notwithstanding sections 201, 202, 203, and 
245(c), and subject to subsection (c), the Secretary of Homeland 
Security shall adjust to the status of an alien lawfully admitted for 
permanent residence, an alien described in subsection (b), if such 
alien--
            ``(1) submits an application for adjustment of status in 
        accordance with procedures established by the Secretary;
            ``(2) in addition to any administrative processing fee, 
        pays a supplemental fee of $1,500; and
            ``(3) completes, to the satisfaction of the Secretary--
                    ``(A) security and law enforcement background 
                checks; and
                    ``(B) a medical examination consistent with section 
                221(d).
    ``(b) Aliens Described.--An alien described in this subsection is 
an alien who--
            ``(1)(A) has been continuously physically present in the 
        United States since January 1, 2021;
            ``(B) was 18 years of age or younger on the date on which 
        the alien entered the United States and has continuously 
        resided in the United States since such entry; and
            ``(C) demonstrates--
                    ``(i) a record of honorable service in the 
                Uniformed Services of the United States;
                    ``(ii) attainment of, or completion of not less 
                than 2 years, in good standing, of a program leading 
                to--
                            ``(I) a degree from a United States 
                        institution of higher education; or
                            ``(II) a postsecondary credential from an 
                        area career and technical education school in 
                        the United States;
                    ``(iii) during the 3-year period immediately 
                preceding the date on which the alien submits an 
                application for adjustment of status under this 
                section, a consistent record of earned income in the 
                United States; or
                    ``(iv)(I) enrollment in a program described in 
                clause (ii); and
                    ``(II) current employment or participation in an 
                internship, apprenticeship, or similar training 
                program;
            ``(2)(A) has been continuously physically present in the 
        United States since January 1, 2021; and
            ``(B) has demonstrated a consistent record of earned income 
        in the United States in an occupation described in the guidance 
        of the Department of Homeland Security entitled `Advisory 
        Memorandum on Ensuring Essential Critical Infrastructure 
        Workers' Ability to Work During the COVID-19 Response', issued 
        on August 10, 2021, during the period beginning on January 31, 
        2020, and ending on August 24, 2021;
            ``(3)(A) has been continuously physically present in the 
        United States for not less than 3 years; and
            ``(B)(i) is a national of a foreign state (or a part of a 
        foreign state) (or in the case of an alien having no 
        nationality, is a person who last habitually resided in such 
        state) with a designation under subsection (b) of section 244 
        on January 1, 2017;
            ``(ii) notwithstanding paragraphs (1)(A)(iv) and (3)(C) of 
        subsection (c) of section 244, had or was otherwise eligible 
        for temporary protected status under section 244 on that date; 
        and
            ``(iii) has not engaged in conduct since that date that 
        would render the alien ineligible for temporary protected 
        status under section 244(c)(2); or
            ``(4)(A) has been continuously physically present in the 
        United States for not less than 3 years; and
            ``(B)(i) was eligible for deferred enforced departure as of 
        January 20, 2021; and
            ``(ii) has not engaged in conduct since that date that 
        would render the alien ineligible for deferred enforced 
        departure.
    ``(c) Grounds of Ineligibility.--
            ``(1) In general.--Subject to paragraphs (2) and (3), an 
        alien seeking adjustment of status under this section shall 
        demonstrate that the alien--
                    ``(A) is not inadmissible under paragraph (2), (3), 
                (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of 
                section 212(a);
                    ``(B) has not ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion;
                    ``(C) has not been convicted of--
                            ``(i) any offense under Federal or State 
                        law, other than a State offense for which an 
                        essential element is the alien's immigration 
                        status, that is punishable by a maximum term of 
                        imprisonment of more than 1 year; or
                            ``(ii) 3 or more offenses under Federal or 
                        State law, other than State offenses for which 
                        an essential element is the alien's immigration 
                        status, for which the alien was convicted on 
                        different dates for each of the 3 offenses and 
                        imprisoned for an aggregate of 90 days or more; 
                        and
                    ``(D) has registered under the Military Selective 
                Service Act (50 U.S.C. 3801 et seq.), if the alien is 
                subject to registration under that Act.
            ``(2) Waiver.--With respect to any benefit under this 
        section, the Secretary of Homeland Security may waive the 
        grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), 
        or (10)(D) of section 212(a)--
                    ``(A) for humanitarian purposes or family unity; or
                    ``(B) if a waiver is otherwise in the public 
                interest.
            ``(3) Treatment of expunged convictions.--For purposes of 
        paragraph (1), the Secretary--
                    ``(A) may not automatically treat an expunged 
                conviction as a conviction; and
                    ``(B) shall evaluate expunged convictions on a 
                case-by-case basis according to the nature and severity 
                of the underlying offense to determine whether, under 
                the circumstances, the alien should be eligible for 
                adjustment of status.
    ``(d) Limitation on Removal.--
            ``(1) In general.--With respect to an alien who is in 
        removal proceedings or subject to a final order of removal or 
        an order of voluntary departure, the Secretary of Homeland 
        Security shall provide the alien with a reasonable opportunity 
        to apply for relief under this section if the alien--
                    ``(A) requests an opportunity to so apply; or
                    ``(B) appears to be prima facie eligible for such 
                relief.
            ``(2) Stay of removal for certain children.--The Secretary 
        of Homeland Security shall stay the removal of an alien who--
                    ``(A) meets the requirements of subparagraphs (A) 
                and (B) of subsection (b)(1);
                    ``(B) subject to paragraphs (2) and (3) of 
                subsection (c), is not subject to a ground of 
                ineligibility under paragraph (1) of such subsection; 
                and
                    ``(C) is enrolled in--
                            ``(i) an early childhood education program;
                            ``(ii) an elementary school;
                            ``(iii) a secondary school; or
                            ``(iv) an education program assisting 
                        students in obtaining a high school diploma or 
                        its equivalent.
    ``(e) Effective Date.--The section shall take effect on the earlier 
of--
            ``(1) the date that is 180 days after the date of the 
        enactment of this section; or
            ``(2) May 1, 2022.''.
    (b) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
inserting after the item relating to 245A the following:

``Sec. 245B. Adjustment of status of certain entrants.''.

SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS.

    (a) Recapture of Unused Immigrant Visa Numbers.--
            (1) Ensuring future use of all immigrant visas.--Section 
        201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1151(c)(1)(B)(ii)) is amended to read as follows:
                            ``(ii) In no case shall the number computed 
                        under subparagraph (A) be less than the sum 
                        of--
                                    ``(I) 226,000; and
                                    ``(II) the number computed under 
                                paragraph (3).''.
            (2) Recapturing unused visas.--Section 201 of the 
        Immigration and Nationality Act (8 U.S.C. 1151) is amended by 
        adding at the end the following:
    ``(g) Recapturing Unused Visas.--
            ``(1) Family-sponsored visas.--
                    ``(A) In general.--Notwithstanding the numerical 
                limitations set forth in this section or in sections 
                202 or 203, beginning in fiscal year 2022, the number 
                of family-sponsored immigrant visas that may be issued 
                under section 203(a) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                subparagraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to family-
                                sponsored immigrants under section 
                                201(c)(1) for fiscal years 1992 through 
                                2021, setting aside any unused visas 
                                made available to such immigrants in 
                                such fiscal years under section 
                                201(c)(3); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(a), or, in 
                                accordance with section 201(d)(2)(C), 
                                under section 203(b); and
                            ``(ii) the number of visas resulting from 
                        the calculation under clause (i) issued under 
                        section 203(a) after fiscal year 2021.
            ``(2) Employment-based visas.--
                    ``(A) In general.--Notwithstanding the numerical 
                limitations set forth in this section or in sections 
                202 or 203, beginning in fiscal year 2022, the number 
                of employment-based immigrant visas that may be issued 
                under section 203(b) shall be increased by the number 
                computed under subparagraph (B).
                    ``(B) Unused visas.--The number computed under this 
                paragraph is the difference, if any, between--
                            ``(i) the difference, if any, between--
                                    ``(I) the number of visas that were 
                                originally made available to 
                                employment-based immigrants under 
                                section 201(d)(1) for fiscal years 1992 
                                through 2021, setting aside any unused 
                                visas made available to such immigrants 
                                in such fiscal years under section 
                                201(d)(2); and
                                    ``(II) the number of visas 
                                described in subclause (I) that were 
                                issued under section 203(b), or, in 
                                accordance with section 201(c)(3)(C), 
                                under section 203(a); and
                            ``(ii) the number of visas resulting from 
                        the calculation under clause (i) issued under 
                        section 203(b) after fiscal year 2021.
            ``(3) Diversity visas.--Notwithstanding section 
        204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected 
        in accordance with section 203(e)(2) in fiscal year 2017, 2018, 
        2019, 2020, or 2021 shall remain available to such alien (and 
        the spouse and children of such alien) if--
                    ``(A) the alien was refused a visa, prevented from 
                seeking admission, or denied admission to the United 
                States solely because of Executive Order 13769, 
                Executive Order 13780, Presidential Proclamation 9645, 
                or Presidential Proclamation 9983; or
                    ``(B) because of restrictions or limitations on 
                visa processing, visa issuance, travel, or other 
                effects associated with the COVID-19 public health 
                emergency--
                            ``(i) the alien was unable to receive a 
                        visa interview despite submitting an Online 
                        Immigrant Visa and Alien Registration 
                        Application (Form DS-260) to the Secretary of 
                        State; or
                            ``(ii) the alien was unable to seek 
                        admission or was denied admission to the United 
                        States despite being approved for a visa under 
                        section 203(c).''.

SEC. 60003. ADJUSTMENT OF STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) Visa Availability.--
            ``(1) In general.--Notwithstanding section (a)(3), the 
        Secretary of Homeland Security may accept for filing, an 
        application for adjustment of status from an alien (and the 
        spouse and children of such alien) if such alien--
                    ``(A) is the beneficiary of an approved petition 
                under section 204(a)(1);
                    ``(B) pays a supplemental fee of $1,500, plus $250 
                for each derivative beneficiary; and
                    ``(C) is otherwise eligible for such adjustment.
            ``(2) Exemption.--The Secretary of State shall exempt an 
        alien (and the spouse and children of such alien) from the 
        numerical limitations described in sections 201, 202, and 203 
        and the Secretary of Homeland Security may adjust the status of 
        such alien (and the spouse and children of such alien) to 
        lawful permanent resident if such alien submits or has 
        submitted an application for adjustment of status and--
                    ``(A) such alien--
                            ``(i) is the beneficiary of an approved 
                        petition under subparagraph (A)(i) or (B)(i)(I) 
                        of section 204(a)(1) that bears a priority date 
                        that is more than 2 years before the date the 
                        alien requests a waiver of the numerical 
                        limitations; and
                            ``(ii) pays a supplemental fee of $2,500;
                    ``(B) such alien--
                            ``(i) is the beneficiary of an approved 
                        petition under subparagraph (E) or (F) of 
                        section 204(a)(1) that bears a priority date 
                        that is more than 2 years before the date the 
                        alien requests a waiver of the numerical 
                        limitations; and
                            ``(ii) pays a supplemental fee of $5,000; 
                        or
                    ``(C) such alien--
                            ``(i) is the beneficiary of an approved 
                        petition under subparagraph (H) of section 
                        204(a)(1) that bears a priority date that is 
                        more than 2 years before the date the alien 
                        requests a waiver of the numerical limitations; 
                        and
                            ``(ii) pays a supplemental fee of $50,000.
            ``(3) Effective date.--
                    ``(A) In general.--The provisions of this 
                subsection--
                            ``(i) shall take effect on the earlier of 
                        the date that is--
                                    ``(I) 180 days after the date of 
                                the enactment of this subsection; or
                                    ``(II) May 1, 2022; and
                            ``(ii) except as provided in subparagraph 
                        (B), shall cease to have effect on September 
                        30, 2031.
                    ``(B) Continuation.--Paragraph (2) shall continue 
                in effect with respect to an alien who requested a 
                waiver of the numerical limitations and paid the 
                requisite fee prior to the date described in 
                subparagraph (A)(ii), until the Secretary of Homeland 
                Security renders a final administrative decision on 
                such application.''.

SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES.

    (a) Treasury.--The supplemental fees described in subsection (b) of 
this section, and in sections 245B(a)(2) and 245(n) of the Immigration 
and Nationality Act, as added by this subtitle, shall be deposited in 
the general fund of the Treasury of the United States.
    (b) Supplemental Petition Fee.--Section 204(a)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(i), by adding at the end the 
        following: ``A petition for classification by reason of a 
        relationship described in paragraph (1), (3), or (4) of section 
        203(a) shall be accompanied by a supplemental fee in the amount 
        of $100.'';
            (2) in subparagraph (B)(i)(I), by adding at the end the 
        following: ``Such petition shall be accompanied by a 
        supplemental fee in the amount of $100.'';
            (3) in subparagraph (E), by adding at the end the 
        following: ``Such petition shall be accompanied by a 
        supplemental fee in the amount of $800.'';
            (4) in subparagraph (F), by adding at the end the 
        following: ``Such petition shall be accompanied by a 
        supplemental fee in the amount of $800.''; and
            (5) in subparagraph (H), by adding at the end the 
        following: ``Such petition shall be accompanied by a 
        supplemental fee in the amount of $15,000.''.

SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES.

    In addition to amounts otherwise available, there is appropriated 
to U.S. Citizenship and Immigration Services for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, 
$2,800,000,000, to remain available until expended, for the purpose of 
increasing the capacity of U.S. Citizenship and Immigration Services to 
efficiently adjudicate applications described in sections 245B and 
245(n) of the Immigration and Nationality Act, as added by sections 
60001 and 60003 of this Act, respectively, and to reduce case 
processing backlogs.

               Subtitle B--Community Violence Prevention

SEC. 61001. FUNDING FOR COMMUNITY-BASED VIOLENCE INTERVENTION 
              INITIATIVES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Attorney General for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $2,500,000,000, 
to remain available until September 30, 2031, for the purposes 
described in subsection (b).
    (b) Use of Funding.--The Attorney General, acting through the 
Assistant Attorney General of the Office of Justice Programs, the 
Director of the Office of Community Oriented Policing Services, and the 
Director of the Office on Violence Against Women, shall use amounts 
appropriated by subsection (a)--
            (1) to award competitive grants or contracts to units of 
        local government, States, Indian Tribes, nonprofit community-
        based organizations, victim services providers, or other 
        entities as determined by the Attorney General, to support 
        evidence-informed intervention strategies to reduce community 
        violence;
            (2) to support training, technical assistance, research, 
        evaluation, and data collection on strategies to effectively 
        reduce community violence and ensure public safety; and
            (3) to support research, evaluation, and data collection on 
        the differing impact of community violence on demographic 
        categories.
    (c) Expenditure Requirement.--All expenditures made pursuant to 
subsection (a) shall be made on or before September 30, 2031.

               TITLE VII--COMMITTEE ON NATURAL RESOURCES

     Subtitle A--Bureau of Indian Affairs and Indian Health Service

SEC. 70101. TRIBAL CONSULTATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of the Interior for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $30,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, for the purposes of conducting 
consultation with Tribal Governments.

SEC. 70102. BUREAU OF INDIAN AFFAIRS.

    (a) BIA Road Maintenance.--In addition to amounts otherwise 
available, there is appropriated to the Bureau of Indian Affairs for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $300,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of November 2, 1921 (25 U.S.C. 13; commonly 
known as the ``Snyder Act'') for Bureau of Indian Affairs road 
maintenance and to address the deferred maintenance backlog, of which 
no more than 2 percent shall be used for administrative costs to carry 
out this subsection.
    (b) BIA Public Safety.--In addition to amounts otherwise available, 
there is appropriated to the Bureau of Indian Affairs for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$200,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the Act of November 2, 1921 (25 U.S.C. 13; commonly known as the 
``Snyder Act'') for Bureau of Indian Affairs Public Safety and Justice, 
of which no more than 2 percent shall be used for administrative costs 
to carry out this subsection.
    (c) BIA Climate Resilience.--In addition to amounts otherwise 
available, there is appropriated to the Bureau of Indian Affairs for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of November 2, 1921 (25 U.S.C. 13; commonly 
known as the ``Snyder Act'') for Tribal climate resilience and 
adaptation programs, of which no more than 2 percent shall be used for 
administrative costs to carry out this subsection.
    (d) Tribal Housing.--In addition to amounts otherwise available, 
there is appropriated to the Bureau of Indian Affairs for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$500,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the Act of November 2, 1921 (25 U.S.C. 13; commonly known as the 
``Snyder Act'') to improve Tribal housing, of which no more than 2 
percent shall be used for administrative costs to carry out this 
subsection.
    (e) Tribal Energy.--In addition to amounts otherwise available, 
there is appropriated to the Bureau of Indian Affairs for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$35,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the Act of November 2, 1921 (25 U.S.C. 13; commonly known as the 
``Snyder Act'') for Tribal energy programs, of which no more than 2 
percent shall be used for administrative costs to carry out this 
subsection.
    (f) Small and Needy Program.--Funds made available under this 
section shall be excluded from the calculation of funds received by 
those Tribal Governments that participate in the ``Small and Needy'' 
program.
    (g) One-Time Basis Funds.--Funds made available under this section 
to Tribes and Tribal organizations under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301) shall be available on a 
one-time basis. Such nonrecurring funds shall not be part of the amount 
required by section 106 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5325), and such funds shall only be used for 
the purposes identified in this section.

SEC. 70103. INDIAN HEALTH SERVICE.

    (a) IHS Information Technology.--In addition to amounts otherwise 
available, there is appropriated to the Indian Health Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $140,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for Indian Health 
Service electronic records (25 U.S.C. 1660h), telehealth, system 
modernization, and information technology infrastructure.
    (b) Urban Indian Health.--In addition to amounts otherwise 
available, there is appropriated to the Indian Health Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $42,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for the Urban Indian 
Health program for renovations, construction, expansion of facilities, 
including leased facilities, which shall be in addition to other 
amounts made available for Urban Indian organizations (as defined in 
section 4 of the Indian Health Care Improvement Act 25 U.S.C. 1603)) 
under this subsection.
    (c) IHS Facilities Maintenance.--In addition to amounts otherwise 
available, there is appropriated to the Indian Health Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $610,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for maintenance and 
improvement of Indian Health Service and Tribal facilities.
    (d) Green Infrastructure.--In addition to amounts otherwise 
available, there is appropriated to the Indian Health Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for sustainability 
features for existing facilities.
    (e) Inpatient and Community Health Facilities.--In addition to 
amounts otherwise available, there is appropriated to the Indian Health 
Service for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $40,000,000, to remain available until 
September 30, 2031, except that no amounts may be expended after 
September 30, 2031, for carrying out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination and Education Assistance Act, 
the Indian Health Care Improvement Act, and titles II and III of the 
Public Health Service Act, with respect to the Indian Health Service, 
for Inpatient and Community Health Facilities Design, Construction, in 
accordance with 25 U.S.C. 1665h.
    (f) Medical Equipment.--In addition to amounts otherwise available, 
there is appropriated to the Indian Health Service for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$150,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination 
and Education Assistance Act, the Indian Health Care Improvement Act, 
and titles II and III of the Public Health Service Act, with respect to 
the Indian Health Service, for maintaining, upgrading, and replacing 
medical equipment for IHS and Tribal facilities.
    (g) Small Ambulatory Construction.--In addition to amounts 
otherwise available, there is appropriated to the Indian Health Service 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $60,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for the small 
ambulatory construction program.
    (h) Personnel Quarters Construction.--In addition to amounts 
otherwise available, there is appropriated to the Indian Health Service 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $278,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for carrying out the Act of August 5, 1954 (68 Stat. 674), the Indian 
Self-Determination and Education Assistance Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service 
Act, with respect to the Indian Health Service, for personnel quarters 
construction.
    (i) IHS Priority Health Care Facilities.--In addition to amounts 
otherwise available, there is appropriated to the Indian Health Service 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $2,000,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for projects identified through the health care facility priority 
system established and maintained pursuant to section 301(c) of the 
Indian Health Care Improvement Act (25 U.S.C. 1631(c)).
    (j) Facilities Support.--In addition to amounts otherwise 
available, there is appropriated to the Indian Health Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $170,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for environmental health and facilities support activities of the 
Indian Health Service.
    (k) Nonrecurring Funds.--Funds made available under this section to 
Tribes and Tribal organizations under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.) shall be available on 
a one-time basis. Such nonrecurring funds shall not be part of the 
amount required by section 106 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5325), and such funds shall only be 
used for the purposes identified in this section.

 Subtitle B--Subcommittee on National Parks, Forests, and Public Lands

SEC. 70201. OAK FLAT WITHDRAWAL.

    (a) Definitions.--In this section:
            (1) Disposal.--The term ``disposal'' means that the lands 
        identified are not available under the proceedings outlined 
        under section 203 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1713).
            (2) Entry.--The term ``entry'' has the meaning as it is 
        used under section 103(j) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702(j)), in its application 
        to lands under the jurisdiction of the Secretary.
            (3) Location.--The term ``location'' has the meaning as it 
        is used under section 2320 of the Revised Statutes (30 U.S.C. 
        23), in its application to lands under the jurisdiction of the 
        Secretary;
            (4) Oak flat withdrawal area.--the term ``Oak Flat'' means 
        the approximately 2,422 acres of Forest System land in the 
        Tonto National Forest in southeastern Arizona commonly known as 
        ``Oak Flat'' and generally depicted as ``Oak Flat Withdrawal 
        Area'' on the map titled ``Oak Flat Withdrawal'' and dated June 
        15, 2021.
            (5) Patent.--The term ``patent'' has the meaning as it is 
        used under section 2325 of the Revised Statutes (30 U.S.C. 29), 
        in its application to lands under the jurisdiction of the 
        Secretary.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Repeal.--Section 3003 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (16 
U.S.C. 539p) is repealed.
    (c) Withdrawal.--Subject to valid rights in existence on the date 
of the enactment of this section, Oak Flat is withdrawn from all forms 
of disposal, location, entry, and patent.

SEC. 70202. CIVILIAN CLIMATE CORPS.

    (a) National Park Service Civilian Climate Corps.--
            (1) Definitions.--With regard to this subsection:
                    (A) Conservation project.--The term ``conservation 
                project'' means a project for the conservation, 
                restoration, construction, or rehabilitation of 
                natural, cultural, historic, archaeological, 
                recreational, or scenic resources.
                    (B) Corps program.--The term ``corps program'' 
                means a program established by a Federal, State, 
                Tribal, or local government, or nonprofit organization 
                that performs conservation projects on Public Lands.
                    (C) Public lands.--The term ``Public Lands'' means 
                lands administered by the National Park Service.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the National Park Service 
        for fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $1,700,000,000, to remain available 
        until September 30, 2031, except that no amounts may be 
        expended after September 30, 2031, for carrying out education 
        and job training projects and conservation projects on Public 
        Lands, including through the use of direct expenditure, 
        contracts, grants, and cooperative agreements with corps 
        programs.
            (3) Administrative expenses.--Of the funds provided by this 
        subsection, no more than 2 percent shall be used for 
        administrative costs to carry out this section.
    (b) Bureau of Land Management Civilian Climate Corps.--
            (1) Definitions.--With regard to this subsection:
                    (A) Conservation project.--The term ``conservation 
                project'' means a project for the conservation, 
                restoration, construction, or rehabilitation of 
                natural, cultural, historic, archaeological, 
                recreational, or scenic resources.
                    (B) Corps program.--The term ``corps program'' 
                means a program established by a Federal, State, 
                Tribal, or local government, or nonprofit organization 
                that performs conservation projects on Public Lands.
                    (C) Public lands.--The term ``Public Lands'' means 
                lands administered by the Bureau of Land Management.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Bureau of Land 
        Management for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $900,000,000, to remain 
        available until September 30, 2031, except that no amounts may 
        be expended after September 30, 2031, for carrying out 
        education and job training projects and conservation projects 
        on Public Lands, including through the use of direct 
        expenditure, contracts, grants, and cooperative agreements with 
        corps programs.
            (3) Administrative expenses.--Of the funds provided by this 
        subsection, no more than 2 percent shall be used for 
        administrative costs to carry out this section.
    (c) United States Fish and Wildlife Service Civilian Climate 
Corps.--
            (1) Definitions.--With regard to this subsection:
                    (A) Conservation project.--The term ``conservation 
                project'' means a project for the conservation, 
                restoration, construction, or rehabilitation of 
                natural, cultural, historic, archaeological, 
                recreational, or scenic resources.
                    (B) Corps program.--The term ``corps program'' 
                means a program established by a Federal, State, 
                Tribal, or local government, or nonprofit organization 
                that performs conservation projects on Public Lands.
                    (C) Public lands.--The term ``Public Lands'' means 
                lands administered by the United States Fish and 
                Wildlife Service.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the United States Fish and 
        Wildlife Service for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $400,000,000, to remain 
        available until September 30, 2031, except that no amounts may 
        be expended after September 30, 2031, for carrying out 
        education and job training projects and conservation projects 
        on Public Lands, including through the use of direct 
        expenditure, contracts, grants, and cooperative agreements with 
        corps programs.
            (3) Administrative expenses.--Of the funds provided by this 
        subsection, no more than 2 percent shall be used for 
        administrative costs to carry out this section.
    (d) Tribal Civilian Climate Corps.--
            (1) Definitions.--With regard to this subsection:
                    (A) Conservation project.--The term ``conservation 
                project'' means any project for the conservation, 
                restoration, construction, or rehabilitation of 
                natural, cultural, historic, archaeological, 
                recreational, or scenic resources.
                    (B) Corps program.--The term ``corps program'' 
                means a program established by a Federal, State, 
                Tribal, or local government, or nonprofit organization 
                that performs appropriate conservation projects on 
                Public Lands.
                    (C) Indian land.--The term ``Indian land'' means 
                land of an Indian Tribe or an Indian individual that 
                is--
                            (I) held in trust by the United States; or
                            (ii) subject to a restriction against 
                        alienation imposed by the United States.
                    (D) Indian tribe.--The term ``Indian Tribe'' has 
                the meaning given the term in section 101 of the 
                Federally Recognized Indian Tribe List Act (25 U.S.C. 
                5130).
                    (E) Native hawaiian.--The term ``Native Hawaiian'' 
                means any individual who is--
                            (I) a citizen of the United States; and
                            (ii) a descendant of the aboriginal people 
                        who, before 1778, occupied and exercised 
                        sovereignty in the area that now comprises the 
                        State of Hawaii, as evidenced by--
                                    (I) genealogical records;
                                    (II) Kupuna (elders) or Kamaaina 
                                (long-term community residents) 
                                verification; or
                                    (III) certified birth records.
                    (F) Native hawaiian organization.--The term 
                ``Native Hawaiian organization'' means a private 
                nonprofit organization that--
                            (I) serves the interests of Native 
                        Hawaiians;
                            (ii) has Native Hawaiians in substantive 
                        and policymaking positions within the 
                        organization; and
                            (iii) is recognized by the Governor of 
                        Hawaii for the purposes of planning, 
                        conducting, or administering programs (or 
                        portions of programs) for the benefit of Native 
                        Hawaiians.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Bureau of Indian 
        Affairs for fiscal year 2022, out of any money in the Treasury 
        not otherwise appropriated, $500,000,000, to remain available 
        until September 30, 2031, except that no amounts may be 
        expended after September 30, 2031, for carrying out education 
        and job training projects and conservation projects, including 
        through the use of direct expenditure, contracts, grants, and 
        cooperative agreements with corps programs, and including 
        projects on Indian lands, pursuant to an agreement between an 
        Indian Tribe or Native Hawaiian organization and a corps 
        program for the benefit of an Indian Tribe or Native Hawaiians. 
        None of the funds provided by this subsection shall be subject 
        to cost-share requirements.
            (3) Administrative expenses.--Of the funds provided by this 
        subsection, no more than 2 percent shall be used for 
        administrative costs to carry out this section.

SEC. 70203. PRESIDIO TRUST.

    (a) Presidio Trust Defined.--With regard to this section, the term 
``Presidio Trust'' means the entity established under section 103(a) of 
title I of division I of Public Law 104-333 and under the requirements 
placed upon that entity by section 104(a) of title I of division I of 
Public Law 104-333.
    (b) In General.--In addition to amounts otherwise available, there 
is appropriated to the Presidio Trust for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $200,000,000, to 
remain available until September 30, 2026, for carrying out projects 
identified by the Presidio Trust in accordance with the purposes 
identified under the first section of Public Law 92-589 (16 U.S.C. 
460bb).

SEC. 70204. GRAND CANYON.

    (a) Definition.--In this section:
            (1) Disposal.--The term ``disposal'' means that the lands 
        identified are not available under the proceedings outlined 
        under section 203 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1713).
            (2) Entry.--The term ``entry'' has the meaning as it is 
        used under section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702(j)), in its application 
        to lands under the jurisdiction of the Secretary.
            (3) Grand canyon protection area.--The term ``Grand Canyon 
        Protection Area'' means the approximately 1,054,923 acres of 
        land depicted as ``Federal Mineral Estate to be Withdrawn'' on 
        the map entitled ``Grand Canyon Protection Area'' and dated 
        August 23, 2021.
            (4) Location.--The term ``location'' has the meaning as it 
        is used under section 2320 of the Revised Statutes (30 U.S.C. 
        23), in its application to lands under the jurisdiction of the 
        Secretary.
            (5) Patent.--The term ``patent'' has the meaning as it is 
        used under section 2325 of the Revised Statutes (30 U.S.C. 29), 
        in its application to lands under the jurisdiction of the 
        Secretary.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Withdrawal.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Land Management for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$1,500,000, to remain available until September 30, 2026, to carry out, 
subject to valid rights in existence on the date of enactment of this 
section, the withdrawal of the Grand Canyon Protection Area from all 
forms of disposal, location, entry, and patent.

SEC. 70205. WILDFIRE.

    (a) Protecting Communities and Ecosystems From Wildfire.--In 
addition to amounts otherwise available, there is appropriated to the 
Bureau of Land Management for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $900,000,000, to remain available 
until September 30, 2031, except that no amounts may be expended after 
September 30, 2031, to reduce wildfire risk on landscapes and 
communities through fire preparedness, fire science and research 
(including improved fireshed mapping and management), emergency 
rehabilitation, rural fire assistance, noncommercial fuels management 
activities in the wildland-urban interface, the renovation or 
construction of fire facilities, and for expenses necessary to support 
firefighter workforce reforms. None of the funds provided by this 
subsection shall be used for salvage logging.
    (b) Tribal Wildfire Prevention.--In addition to amounts otherwise 
available, there is appropriated to the Bureau of Indian Affairs for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
For carrying out the National Indian Forest Resources Management Act 
(25 U.S.C. 3101 et seq.) for renewable and manageable resources, 
communications, economic and cultural benefits, improved fireshed 
mapping and management, and to protect Tribal forest lands from 
wildfire.
    (c) Forest Technology Improvements.--In addition to amounts 
otherwise available, there is appropriated to the Office of Wildland 
Fire Management for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $1,000,000, to remain available until 
September 30, 2031, except that no amounts may be expended after 
September 30, 2031, for carrying out a research, development, and 
testing pilot program to--
            (1) assess new technologies, including unmanned aircraft 
        system, geospatial, or remote sensing technologies, across all 
        reforestation activities;
            (2) accelerate the deployment and integration of such 
        technologies into the operations of the Secretary of the 
        Interior; and
            (3) collaborate and cooperate with State, Tribal, and 
        private geospatial information system organizations with 
        respect to such technologies.

SEC. 70206. URBAN PARKS.

    In addition to amounts otherwise available, there is appropriated 
to the National Park Service for fiscal year 2022, out of any amounts 
in the Treasury not otherwise appropriated, $100,000,000, to remain 
available until September 30, 2026, to carry out direct, competitive 
grants to localities to create or significantly enhance access to parks 
or outdoor recreation facilities in urban areas, in accordance with the 
authorities outlined under section 200305(e)(2)(A) or 200305(e)(3) of 
title 54, United States Code, and subject to limitations outlined under 
section 200305(f)(3) of such title, of which no more than 2 percent 
shall be used for administrative costs to carry out this section.

SEC. 70207. EVERY KID OUTDOORS.

    (a) Definitions.--With respect to this section:
            (1) Federal land and waters.--The term ``Federal land and 
        waters'' means any Federal land or body of water under the 
        jurisdiction of the Director to which the public has access.
            (2) Director.--The term ``Director'' means the Director of 
        the National Park Service.
            (3) Student or students.--The term ``student'' or 
        ``students'' means any fourth, fifth, or sixth grader or home-
        schooled learner 10 years of age residing in the United States.
    (b) In General.--In addition to amounts otherwise available, there 
is appropriated to the National Park Service for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $100,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, for the carrying out of the 
issuance and administration of passes, effective during the period 
beginning on September 1 and ending on August 31 of the following year, 
at the request of a student, which allows access, when the student to 
which the pass was issued is present, to Federal lands and waters for 
which access is subject to an entrance, standard amenity, or day use 
fee, free of charge for the student and three accompanying adults, and 
for carrying out the purposes outlined under section 9001(b)(3)(D) of 
Public Law 116-9.

SEC. 70208. NATIONAL PARK SERVICE CLIMATE RESILIENCE.

    In addition to amounts otherwise available, there is appropriated 
to the National Park Service for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $115,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for the protection, restoration, and 
resiliency of public lands and resources in accordance with the 
purposes outlined in section 100101(a) of title 54, United States Code. 
None of the funds provided by this section shall be subject to cost-
sharing requirements.

SEC. 70209. BUREAU OF LAND MANAGEMENT CLIMATE RESILIENCE.

     In addition to amounts otherwise available, there is appropriated 
to the Bureau of Land Management for fiscal year 2022, out of any money 
in the Treasury not otherwise appropriated, $110,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for the protection, restoration, and 
resiliency of public lands and resources in accordance with the 
purposes outlined in section 102(a)(8) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701(a)(8). None of the funds 
provided by this section shall be subject to cost-sharing requirements.

SEC. 70210. HISTORIC PRESERVATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Director of the National Park Service for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$75,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, to carry out 
preservation or historic preservation as defined by section 300315 of 
title 54, United States Code.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70211. THOMPSON DIVIDE.

    (a) Thompson Divide Withdrawal.--
            (1) Thompson divide withdrawal and protection area 
        defined.--For the purposes of this subsection, the term 
        ``Thompson Divide Withdrawal and Protection area'' means the 
        Federal land and minerals generally depicted as the ``Thompson 
        Divide Withdrawal and Protection Area'' on the map entitled 
        ``Greater Thompson Divide Area Map'' and dated June 13, 2019.
            (2) Withdrawal.--Subject to valid rights in existence on 
        the date of the enactment of this section, the Thompson Divide 
        Withdrawal and Protection Area is withdrawn from--
                    (A) entry, appropriation, and disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
    (b) Thompson Divide Lease Payments.--
            (1) Thompson divide withdrawal and protection area 
        defined.--With regard to this subsection, the term ``Thompson 
        Divide Withdrawal and Protection Area'' means the Federal land 
        and minerals generally depicted as the ``Thompson Divide 
        Withdrawal and Protection Area'' on the map entitled ``Greater 
        Thompson Divide Area Map'' and dated June 13, 2019.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Bureau of Land 
        Management for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $500,000 to remain 
        available until September 30, 2026, to acquire, from willing 
        sellers, the rights to oil or gas leases within the Thompson 
        Divide Withdrawal and Protection Area, provided such leases are 
        in effect on the date of enactment of this subsection. All 
        rights acquired under this subsection shall be permanently 
        cancelled and unavailable for reissue.
            (3) Administrative expenses.--Of the funds provided by this 
        subsection, no more than 2 percent shall be used for 
        administrative costs to carry out this subsection.
    (c) Fugitive Coal Mine Methane Use Pilot Program.--
            (1) Pilot program area defined.--For the purposes of this 
        subsection, the term ``pilot program area'' means the areas 
        identified as ``Coal Mine Methane Capture Areas'' on the map 
        entitled ``Greater Thompson Divide Fugitive Coal Mine Methane 
        Use Pilot Program Area'' and dated June 17, 2019.
            (2) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Bureau of Land 
        Management for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $1,000,000 to remain 
        available until September 30, 2026, for carrying out a pilot 
        program in the pilot program area to inventory and, subject to 
        valid existing rights, to lease, capture, mitigate or sequester 
        methane emissions that would leak or be vented into the 
        atmosphere from an active, inactive, or abandoned underground 
        coal mine.

SEC. 70212. CHACO CANYON.

    (a) Definitions.--For the purposes of this section:
            (1) Chaco cultural heritage withdrawal area.--The term 
        ``Chaco Cultural Heritage Withdrawal Area'' means the Federal 
        land generally depicted as the ``Chaco Cultural Heritage 
        Withdrawal Area'' on the map entitled ``Chaco Cultural Heritage 
        Withdrawal Area'' and dated April 2, 2019.
            (2) Non-producing leases.--The term ``non-producing 
        leases'' means any oil and gas lease on Federal land within the 
        Chaco Cultural Heritage Withdrawal Area--
                    (A) on which drilling operations have not been 
                commenced before the end of the primary term of the 
                applicable lease;
                    (B) that is not producing oil and gas in paying 
                quantities; and,
                    (C) that is not subject to a valid cooperative or 
                unit plan of development.
    (b) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this section, the Chaco Cultural Heritage Withdrawal 
Area is withdrawn from--
            (1) entry and disposal under the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (c) Non-producing Leases.--A non-producing lease shall terminate 
pursuant to section 17(e) of the Mineral Leasing Act (30 U.S.C. 226(e)) 
and subpart 3108 of title 43, Code of Federal Regulations, and may not 
be extended.

             Subtitle C--Drought Response and Preparedness

SEC. 70301. BUREAU OF RECLAMATION WATER SETTLEMENT FUNDING.

    Section 10501 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 407) is amended as follows:
            (1) In subsection (b), by adding at the end the following:
            ``(3) Additional deposits.--In addition to amounts 
        otherwise available, there is appropriated--
                    ``(A) for fiscal year 2032 and each fiscal year 
                thereafter out of any money in the Treasury not 
                otherwise appropriated, $370,000,000, for deposit in 
                the Fund, to remain available until expended; and
                    ``(B) for fiscal year 2022, out of any money in the 
                Treasury not otherwise appropriated, $2,000,000,000, 
                for deposit in the Fund, to remain available until 
                September 30, 2031, except that no amounts may be 
                expended after September 30, 2031.''.
            (2) In subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``for each of 
                fiscal years 2020 through 2034, the Secretary may 
                expend from the Fund an amount not to exceed 
                $120,000,000,'' and inserting ``for fiscal year 2022 
                and each fiscal year thereafter, the Secretary may 
                expend from the Fund an amount not to exceed 
                $370,000,000'';
                    (B) in subparagraph (B), by striking ``more than 
                $120,000,000, for any fiscal year if such amounts are 
                available in the Fund due to expenditures not reaching 
                $120,000,000'' and inserting ``more than $370,000,000 
                for any fiscal year if such amounts are available in 
                the Fund, for the fiscal year in which expenditures are 
                made pursuant to subparagraph (D) and paragraphs (2) 
                and (3)''; and
                    (C) by adding at the end the following:
                    ``(C) The Secretary shall expend all amounts in the 
                Fund available from deposits made under subsection 
                (b)(1) and subsection (b)(3)(B) not later than the end 
                of fiscal year 2031.
                    ``(D) If, in the judgment of the Secretary on an 
                annual basis, the Secretary is unlikely to expend the 
                amounts as required under subparagraph (C) because 
                expenditures cannot be made for activities authorized 
                under paragraph (2), the Secretary shall expend from 
                the Fund on an annual basis any projected unspent 
                amounts by not later than the end of fiscal year 2031 
                on grants to disadvantaged communities (identified 
                according to criteria adopted by the Secretary) or on 
                grants to Indian Tribes (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)), in a manner as determined by the 
                Secretary, for up to 100 percent of the cost of the 
                planning, design, or construction of water projects the 
                primary purpose of which is to provide potable water 
                supplies to communities or households that do not have 
                reliable access to potable water in a State or 
                territory described in the first section of the Act of 
                June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 
                1093).''.
            (3) In subsection (c), by amending paragraph (2) to read as 
        follows:
            ``(2) Authority.--
                    ``(A) Non-tribal settlement expenditures.--The 
                Secretary may expend money from the Fund to implement a 
                settlement agreement approved by Congress that 
                resolves, in whole or in part, litigation involving the 
                United States and a party that is not an Indian Tribe 
                (as defined in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5304)), if the settlement agreement or implementing 
                legislation requires the Bureau of Reclamation to 
                provide financial assistance for, or plan, design, and 
                construct--
                            ``(i) water supply infrastructure; or
                            ``(ii) a project--
                                    ``(I) to rehabilitate a water 
                                delivery system to conserve water; or
                                    ``(II) to restore habitat or 
                                otherwise improve environmental 
                                conditions associated with or affected 
                                by, or located within the same river 
                                basin as, a Federal reclamation project 
                                that is in existence on March 30, 2009.
                    ``(B) Tribal expenditures.--The Secretary may 
                expend money from the Fund to implement a settlement 
                agreement approved by Congress that resolves, in whole 
                or in part, claims concerning Indian water resources, 
                if the settlement agreement or implementing legislation 
                authorizes the Secretary to provide financial 
                assistance for, or plan, design, and construct--
                            ``(i) water supply infrastructure; or
                            ``(ii) a project--
                                    ``(I) to rehabilitate a water 
                                delivery system to conserve water; or
                                    ``(II) to restore habitat or 
                                otherwise improve environmental 
                                conditions associated with or affected 
                                by, or located within the same river 
                                basin as, a Federal reclamation 
                                project.''.
            (5) In subsection (c)(3)(C), by striking ``for any 
        authorized use'' and inserting ``for any use authorized under 
        paragraph (2) or paragraph (1)(D)''.
            (6) By striking subsection (f).

SEC. 70302. EMERGENCY DROUGHT RELIEF.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Reclamation for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, 
$1,000,000,000, to remain available until September 30, 2026, except 
that no amounts shall be expended after September 30, 2026, for near-
term drought relief actions carried out under--
            (1) the Reclamation States Emergency Drought Relief Act of 
        1991 (Public Law 102-250);
            (2) the Klamath Basin Water Supply Enhancement Act of 2000 
        (Public Law 106-498);
            (3) section 201 of division D of Public Law 108-7; or
            (4) section 1109 of division FF of Public Law 116-260.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent may be used for administrative costs to 
carry out this section.

SEC. 70303. EMERGENCY DROUGHT RELIEF FOR TRIBES.

    In addition to amounts otherwise available, there is appropriated 
to the Bureau of Reclamation for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $150,000,000, to remain 
available until September 30, 2026, except that no amounts may be 
expended after September 30, 2026, for near-term drought relief actions 
to mitigate drought impacts for Indian Tribes (as defined in section 4 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304)) that are impacted by the operation of a Bureau of 
Reclamation water project, including through direct financial 
assistance to address drinking water shortages and to mitigate for the 
loss of Tribal trust resources.

SEC. 70304. SALTON SEA PROJECTS.

    (a) Appropriation.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Bureau of Reclamation 
        for fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $250,000,000, to remain available until 
        September 30, 2031, except that no amounts may be expended 
        after September 30, 2031, to provide grants and enter into 
        contracts and cooperative agreements to carry out projects 
        located in the area of the Salton Sea in Southern California to 
        improve air quality, habitat, and water quality, in partnership 
        with--
                    (A) State, Tribal, and local governments;
                    (B) water districts;
                    (C) joint powers authorities;
                    (D) nonprofit organizations; and
                    (E) institutions of higher education.
            (2) Cost share.--The non-Federal share of the cost of a 
        project under this subsection shall be 50 percent of the cost 
        of the project.
    (b) Included Activities.--The projects described in subsection (a) 
may include--
            (1) construction, operation, maintenance, permitting, and 
        design activities required for such projects; and
            (2) dust suppression projects.
    (c) Funding Eligibility.--To be eligible to receive funding, non-
Tribal grantees must demonstrate compliance with prevailing wage 
requirements.
    (d) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70305. WATER RESOURCES RESEARCH AND TECHNOLOGY INSTITUTES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Geological Survey for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$75,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 
10303).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70306. FEDERAL PRIORITY STREAMGAGES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Geological Survey for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$150,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for making 
operational streamgages that are identified by the Secretary of the 
Interior as Federal priority streamgages.
    (b) Collaboration With Non-federal Partners.--The United States 
Geological Survey shall prioritize the expenditure of funds available 
under subsection (a) in a manner that seeks to leverage the use of non-
Federal funds made available through streamgage funding agreements with 
States and local agencies to improve environmental quality and water 
supply reliability.
    (c) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70307. SNOW WATER SUPPLY FORECASTING.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Reclamation for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $50,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, for carrying out section 1111 
of division FF of the Consolidated Appropriations Act, 2021 (Public Law 
116-260).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70308. WATER TECHNOLOGY INVESTMENT.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Reclamation for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $50,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, for carrying out section 1112 
of division FF of the Consolidated Appropriations Act, 2021 (Public Law 
116-260).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70309. AQUATIC ECOSYSTEM RESTORATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Reclamation for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $250,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended before fiscal year 2027 or after September 30, 2031, 
for carrying out section 1109 of division FF of the Consolidated 
Appropriations Act, 2021 (Public Law 116-260).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70310. LARGE SCALE WATER REUSE.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, Indian Tribe, municipality, irrigation 
                district, water district, wastewater district, or other 
                organization with water or power delivery authority;
                    (B) a State, regional, or local authority, the 
                members of which include 1 or more organizations with 
                water or power delivery authority; or
                    (C) an agency established under State law for the 
                joint exercise of powers or a combination of entities 
                described in subparagraphs (A) through (B).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Reclamation state.--The term ``Reclamation State'' 
        means a State or territory described in the first section of 
        the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 
        391).
    (b) In General.--In addition to amounts otherwise available, there 
is appropriated to the Bureau of Reclamation for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $100,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended before fiscal year 2027 or after September 30, 2031, to 
provide nonreimbursable grants on a competitive basis to eligible 
entities that shall not exceed 25 percent of the total cost of an 
eligible project unless the project advances at least a proportionate 
share of nonreimbursable benefits authorized under the reclamation laws 
(including fish and wildlife benefits provided through measurable 
reductions in water diversions from imperiled ecosystems) up to a 
maximum 75 percent of the total costs of an eligible project, to carry 
out the planning, design, and construction of projects to reclaim and 
reuse municipal, industrial, domestic, or agricultural wastewater or 
impaired ground or surface waters that have a total estimated cost of 
more than $500,000,000 and that provide substantial water supply and 
other benefits to drought stricken regions within the Reclamation 
States for the purposes of--
            (1) helping to advance water management plans across a 
        multi-state area, such as drought contingency plans in the 
        Colorado River Basin;
            (2) providing multiple benefits, including water supply 
        reliability benefits for drought-stricken States, Tribes, and 
        communities, fish and wildlife benefits, and water quality 
        improvements; and
            (3) reducing impacts on environmental resources from water 
        projects owned or operated by Federal and State agencies, 
        including through measurable reductions in water diversions 
        from imperiled ecosystems.
    (c) Total Dollar Cap.--The Bureau of Reclamation shall not impose a 
total dollar cap on Federal contributions that applies to all 
individual projects funded under this section.
    (d) Funding Eligibility.--An eligible project shall not be 
considered ineligible for assistance under this section because the 
project has received assistance authorized under title XVI of Public 
Law 102-575 or section 4009 of Public Law 114-322.
    (e) Treatment of Conveyance.--The Bureau of Reclamation shall 
consider the planning, design, and construction of an eligible 
project's conveyance system to be eligible for grant funding under this 
section.

SEC. 70311. CONVEYANCE REPAIRS AND BUILD BACK BETTER FUNDS FOR SOLAR 
              CANAL INTEGRATION.

    (a) Conveyance Repairs.--In addition to amounts otherwise 
available, there is appropriated to the Bureau of Reclamation for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
to provide nonreimbursable grants in a manner as determined by the 
Secretary of the Interior (in this section referred to as the 
``Secretary'') on a competitive basis to eligible entities that in 
aggregate shall not exceed 33 percent of the total cost of an eligible 
project to carry out the planning, design, and construction of projects 
to make major, non-recurring maintenance repairs to water conveyance 
facilities that do not enlarge the carrying capacity of a conveyance 
facility beyond the capacity as previously constructed for conveyance 
facilities in need of emergency capacity restoration due to subsidence 
and experiencing exceptional drought for the purposes of increasing 
drought resiliency, primarily through groundwater recharge.
    (b) Build Back Better Funds for Solar Canal Integration.--In 
addition to amounts otherwise available, there is appropriated to the 
Bureau of Reclamation for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $100,000,000, to remain available 
until September 30, 2031, except that no amounts may be expended after 
September 30, 2031, for the design, study, and implementation of 
projects (including pilot and demonstration projects) to cover 
conveyance facilities receiving grants under subparagraph (a) with 
solar panels to generate renewable energy in a manner as determined by 
the Secretary or for other solar projects associated with Bureau of 
Reclamation projects that increase water efficiency and assist in 
implementation of clean energy goals.

SEC. 70312. RIO GRANDE PUEBLOS IRRIGATION INFRASTRUCTURE GRANTS.

    In addition to amounts otherwise available, there is appropriated 
to the Bureau of Reclamation for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $200,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for carrying out section 9106(d) of 
the Omnibus Public Land Management Act of 2009 (Public Law 111-11).

        Subtitle D--Efficient and Effective NEPA Implementation

SEC. 70401. EFFICIENT AND EFFECTIVE NEPA IMPLEMENTATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of the Interior for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $150,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, to provide for more efficient and 
more effective environmental reviews under the National Environmental 
Policy Act of 1969 through the hiring and training of additional 
personnel, the development of programmatic assessments or templates, 
the procurement of technical or scientific services, the development of 
data or technology systems, stakeholder and community engagement, and 
the purchase of new equipment.

      Subtitle E--National Oceanic and Atmospheric Administration

SEC. 70501. COASTAL AND GREAT LAKES RESTORATION AND TECHNICAL 
              ASSISTANCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the National Oceanic and Atmospheric Administration 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $9,500,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
through direct expenditure, contracts, grants, and cooperative 
agreements to provide funding and technical assistance for the purposes 
of restoring a marine, estuarine, coastal, or Great Lake habitat; or 
providing adaptation to climate change, including by protecting, 
restoring, or establishing ecological features that protects coastal 
communities from sea-level rise, coastal storms, or flooding; or 
designing or implementing blue carbon projects. None of the funds 
provided by this section shall be subject to cost share or matching 
requirements.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70502. PACIFIC COASTAL SALMON RECOVERY FUND.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the National Oceanic and Atmospheric Administration 
for fiscal year 2022, out of funds in the Treasury not otherwise 
appropriated $400,000,000, to remain available until 2026, for the 
purposes of climate resilience, habitat protection, and other habitat 
restoration projects to recover Pacific salmon. None of the funds 
provided by this section shall be subject to cost-sharing or matching 
requirements.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70503. NOAA STOCK ASSESSMENTS.

    (a) Stock Assessments.--In addition to amounts otherwise available, 
there is appropriated to the National Oceanic and Atmospheric 
Administration for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $200,000,000, to remain available until 
September 30, 2031, except that no amount may be expended after 
September 30, 2031, for carrying out section 401 of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006 
(16 U.S.C. 1881) and, section 117 of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1386) for fisheries data collections, surveys, and 
science, management, and ecosystem-based assessments in support of 
federally managed marine fisheries.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70504. COASTAL HAZARDS AND SEA LEVEL RISE.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$500,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of section 12304 of the Integrated Coastal and Ocean 
Observation System Act of 2009 (33 U.S.C. 3603), section 4 of the 
Digital Coast Act (16 U.S.C. 1467), section 310 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456c), section 303 of the 
Hydrographic Services Improvement Act of 1988 (33 U.S.C. 892a), and the 
first section and section 2 of the Act of August 6, 1947 (chapter 504; 
33 U.S.C. 883a and 33 U.S.C. 883b), popularly known as the Coast and 
Geodetic Survey Act of 1947; for the purposes of making upgrades to the 
Integrated Ocean Observing System; making upgrades to the Shoreline 
Mapping Program; developing products, services, and coordinated 
decision-support frameworks with respect to coastal floods, sea level 
rise, Great Lakes water level, and vertical land motion data and 
conducting the research and development necessary to support such 
products and services; producing and maintaining authoritative and 
timely data, maps, charts, tidal and water level observations and 
information services for communities to plan for present and future 
coastal flood risks and to sustain the economic viability of ports and 
marine transportation system; and providing technical assistance to 
States, Insular areas, local governments, and end user at-risk 
communities.

SEC. 70505. BLUE CARBON.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$95,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of section 117 of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 
1891a); and section 309 of the National Marine Sanctuaries Act (16 
U.S.C. 1440); for research and extension activities to characterize, 
quantify, map, and study blue carbon ecosystems or protection and 
restoration efforts in blue carbon ecosystems, which include marine and 
coastal freshwater, brackish, and saltwater-fed ecosystems, such as 
coastal wetland forest and other tidal or historically tidal wetlands 
that have the capacity to sequester carbon from the atmosphere for a 
period of not less than 100 years in the Gulf of Mexico region.

SEC. 70506. COASTAL HAZARDS IN UNITED STATES INSULAR AREAS.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3601), section 4 of the Digital Coast Act (16 
U.S.C. 1467, and section 303 of the Hydrographic Services Improvement 
Act (33 U.S.C. 892a) to improve weather data collection and provide 
science, data, information, and impact-based decision support services 
to reduce tsunami, hurricane, typhoon, drought, tide, and sea-level 
rise impacts in Insular Areas.

SEC. 70507. NMFS SHORESIDE FACILITIES.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$150,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of sections 404 through 408 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1881c-1884), to 
replace, renovate, or maintain aging facilities in need of repair or 
replacement including piers, fisheries laboratories, and laboratory 
facilities.

SEC. 70508. NOAA VESSEL RECAPITALIZATION.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the treasury not otherwise appropriated, 
$300,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for vessel 
recapitalization needs.

SEC. 70509. CIVILIAN CLIMATE CORPS AT NOAA.

    (a) NOAA Civilian Climate Corps.--In addition to amounts otherwise 
available, there is appropriated to the National Oceanic and 
Atmospheric Administration for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $120,000,000, to remain 
available until September 30, 2026, to carry out education and job 
training projects that conserve, restore, construct, or rehabilitate 
natural, cultural, historic, archaeological, recreational, or scenic 
resources through direct expenditure, contracts, grants, and 
cooperative agreements. None of the funds provided by this section 
shall be subject to cost-sharing or matching requirements.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70510. NOAA HATCHERIES.

    (a) NOAA Hatcheries.--In addition to amounts otherwise available, 
there is appropriated to the National Oceanic and Atmospheric 
Administration, for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $250,000,000, to remain available until 
September 30, 2026, for grants to States and Indian Tribes (as defined 
in section 4 of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304), to repair, replace, and upgrade hatchery 
infrastructure for production of a marine fishery. None of the funds 
provided by this section shall be subject to cost-sharing or matching 
requirements.
    (b) Funding Eligibility.--To be eligible to receive funding under 
this section, non-Tribal grantees must demonstrate compliance with 
prevailing wage requirements.

SEC. 70511. ELECTRONIC MONITORING.

    (a) Electronic Monitoring.--In addition to amounts otherwise 
available, there is appropriated to the National Oceanic and 
Atmospheric Administration for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $75,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for the purposes of supporting the 
continued and timely implementation of electronic monitoring and 
fishing effort reporting.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70512. WORKING WATERFRONTS.

    (a) Working Waterfronts.--In addition to amounts otherwise 
available, there is appropriated to the National Oceanic and 
Atmospheric Administration for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $160,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for carrying out the provisions of 
section 309 of the Coastal Zone Management Act (16 U.S.C. 1456b) 
through direct expenditure, contracts, grants, and cooperative 
agreements for projects that preserve and protect coastal access for 
water-dependent commercial activities.
    (b) Funding Eligibility.--To be eligible to receive funding under 
this section, the grantee must demonstrate compliance with prevailing 
wage requirements.

SEC. 70513. MARINE SANCTUARY AND NATIONAL ESTUARINE RESEARCH RESERVE 
              MAINTENANCE BACKLOG.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$98,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of the National Marine Sanctuary Act (16 U.S.C. 1431) 
and the Coastal Zone Management Act (16 U.S.C. 1461) for construction, 
maintenance, and renovation of facilities of National Marine 
Sanctuaries and National Estuarine Research Reserves.

SEC. 70514. SEAFOOD IMPORT MONITORING PROGRAM EXPANSION.

    In addition to amounts otherwise available, there is appropriated 
to the National Oceanic and Atmospheric Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$2,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
the provisions of section 307 of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act (16 U.S.C. 1857(1)(Q)), 
to expand the Seafood Import Monitoring Program to apply to all seafood 
and seafood products.

          Subtitle F--United States Fish and Wildlife Service

SEC. 70601. ENDANGERED SPECIES ACT RECOVERY PLANS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $75,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the development and implementation of recovery plans under section 
4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)).
    (b) Candidate Conservation.--In addition to the amounts otherwise 
available, there is appropriated to the United States Fish and Wildlife 
Service for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $75,000,000, to remain available until 
September 30, 2031, except that no amounts may be expended after 
September 30, 2031, for developing Candidate Conservation Agreements 
and Candidate Conservation Agreements with Assurances for candidate and 
other at-risk species pursuant section 10 of the Endangered Species Act 
(16 U.S.C. 1539).

SEC. 70602. ENDANGERED SPECIES ACT HABITAT CONSERVATION.

    In addition to amounts otherwise available, there is appropriated 
to the United States Fish and Wildlife Service for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for United States 
Fish and Wildlife Service responsibilities in the development, review, 
and permitting of Habitat Conservation Plans under section 10(a)(2) of 
the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)) and for State 
programs under section 6(d) of the Endangered Species Act of 1973 (16 
U.S.C. 1535(d)).

SEC. 70603. ENDANGERED SPECIES ACT INTERAGENCY CONSULTATIONS.

    In addition to amounts otherwise available, there is appropriated 
to the United States Fish and Wildlife Service for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$40,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for carrying out 
consultations with Federal agencies that undertake agency actions 
affecting endangered species and threatened species under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536).

SEC. 70604. FUNDING FOR ISLAND PLANT CONSERVATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $25,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the conservation of endangered species and threatened species of 
plants in the Hawaiian Islands and the Pacific Island Territories of 
the United States as authorized by section 4 of the Endangered Species 
Act of 1973 (16 U.S.C. 1533).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70605. FUNDING FOR POLLINATOR CONSERVATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $25,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the conservation of endangered species and threatened species of 
pollinators in the United States as authorized by section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70606. FUNDING FOR MUSSEL CONSERVATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $25,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the conservation of endangered species and threatened species of 
freshwater mussels in the United States as authorized by section 4 of 
the Endangered Species Act of 1973 (16 U.S.C. 1533).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70607. FUNDING FOR DESERT FISH CONSERVATION.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $25,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the conservation of endangered species and threatened species of 
desert fish in the Southwestern United States as authorized by section 
4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70608. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE TO 
              ADDRESS CLIMATE-INDUCED WEATHER EVENTS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the United States Fish and Wildlife Service for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for the purposes of carrying out the Fish and Wildlife Act of 1956 (16 
U.S.C. 742a) and the Fish and Wildlife Coordination Act (16 U.S.C. 
661), through direct expenditure, contracts, grants, and cooperative 
agreements, for the purposes of rebuilding and restoring units of the 
National Wildlife Refuge System, other Federal public assets, and State 
wildlife management areas including by addressing the threat of 
invasive species, increasing the resiliency and capacity of habitats 
and infrastructure to withstand weather events, or reducing the amount 
of damage caused by those events. None of the funds provided by this 
section shall be subject to cost-share requirements.
    (b) Administrative Expenses.--Of the funds provided by this 
section, no more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70609. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE FOR 
              WILDLIFE CORRIDOR CONSERVATION.

    In addition to amounts otherwise available, there is appropriated 
to the United States Fish and Wildlife Service for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$10,000,000, to remain available until September 30, 2026, except that 
no amounts may be expended after September 30, 2026, to carry out the 
provisions of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a) and 
the Fish and Wildlife Coordination Act (16 U.S.C. 661) through direct 
expenditure,, contracts, grants, and cooperative agreements, for 
mapping wildlife corridors and providing assistance to States and 
Indian Tribes as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304) for the conservation and 
restoration of wildlife corridors.

SEC. 70610. FUNDING FOR THE UNITED STATES FISH AND WILDLIFE SERVICE FOR 
              GRASSLAND RESTORATION.

    In addition to amounts otherwise available, there is appropriated 
to the United States Fish and Wildlife Service for fiscal year 2022, 
out of any money in the Treasury not otherwise appropriated, 
$100,000,000, to remain available until September 30, 2026, except that 
no amounts may be expended after September 30, 2026, to carry out the 
provisions of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a) and 
the Fish and Wildlife Coordination Act (16 U.S.C. 661) through direct 
expenditure, contracts, grants, and cooperative agreements, for the 
protection and restoration of grassland habitats.

                      Subtitle G--Insular Affairs

SEC. 70701. INSULAR AFFAIRS HOSPITAL AND OTHER CRITICAL HEALTH 
              INFRASTRUCTURE FUNDING.

    In addition to amounts otherwise available, there is appropriated 
to the Department of the Interior Office of Insular Affairs for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$993,000,000, to remain available until September 30, 2031, except that 
no amounts may be expended after September 30, 2031, for hospitals and 
other critical health infrastructure in the territories. Amounts made 
available under this section shall be divided among the territories in 
accordance with needs identified by assessments completed by the 
Department of the Interior, Office of Insular Affairs, of health care 
facilities in each territory, but not less than 35 percent shall be 
provided to Guam, not less than 35 percent shall be provided to the 
United States Virgin Islands, not less than 20 percent shall be 
provided to the Commonwealth of the Northern Mariana Islands, and not 
less than 10 percent shall be provided to American Samoa.

SEC. 70702. OFFICE OF INSULAR AFFAIRS CLIMATE CHANGE TECHNICAL 
              ASSISTANCE.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Department of the Interior Office of Insular 
Affairs for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $25,000,000, to remain available until 
September 30, 2026, to provide technical assistance for climate-change 
planning, mitigation, adaptation, and resilience to United States-
affiliated Insular Areas under the Office of Insular Affairs.
    (b) Administrative Expenses.--Of the funds provided by this 
section, not more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70703. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR CERTAIN 
              RESIDENTS OF THE ISLAND OF VIEQUES, PUERTO RICO.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Department of the Interior Office of Insular 
Affairs, for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $300,000,000, to remain available until 
September 30, 2031, except that no amounts may be made available after 
September 30, 2031, to compensate through the appointment of a Special 
Master, the municipality of Vieques, and an individual claimant who is 
or was a resident, the child of a resident, or an immediate heir (as 
determined by the laws of Puerto Rico) of a deceased claimant who was a 
resident on the island of Vieques, Puerto Rico, in the period or after 
the United States Government used the island of Vieques, Puerto Rico, 
for military readiness.
    (b) Administrative Expenses.--Of the funds provided by this 
section, not more than 2 percent shall be used for administrative costs 
to carry out this section.

SEC. 70704. DEFINITIONS.

    For the purposes of this subtitle:
            (1) Freely associated states.--The term ``Freely Associated 
        States'' means the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau.
            (2) United states-affiliated insular areas.--The term 
        ``United States-affiliated Insular Areas'' means the 
        territories and Freely Associated States.
            (3) Territories.--The term ``territories'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        Puerto Rico, and the Virgin Islands of the United States.
            (4) Territory.--The term ``territory'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        Puerto Rico, or the Virgin Islands of the United States.

                Subtitle H--Energy and Mineral Resources

SEC. 70801. OFFSHORE WIND FOR THE TERRITORIES.

    (a) Application of Outer Continental Shelf Lands Act With Respect 
to Territories of the United States.--
            (1) In general.--Section 2 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``The term'' and inserting 
                        the following:
            ``(1) The term''
                            (ii) by inserting after ``control'' the 
                        following: ``or lying within the exclusive 
                        economic zone of the United States and the 
                        outer Continental Shelf adjacent to any 
                        territory of the United States''; and
                            (iii) by adding at the end the following:
            ``(2) The term `outer Continental Shelf' does not include 
        any area conveyed by Congress to a territorial government for 
        administration.'';
                    (B) in subsection (p), by striking ``and'' after 
                the semicolon at the end;
                    (C) in subsection (q), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
    ``(r) The term `State' means any of the several States and also 
includes Puerto Rico, Guam, American Samoa, the Virgin Islands of the 
United States, and the Commonwealth of the Northern Mariana Islands.''.
            (2) Exclusions.--Section 18 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1344) is amended by adding at the end the 
        following:
    ``(i) This section shall not apply to the scheduling of any lease 
sale in an area of the outer Continental Shelf that is adjacent to 
Puerto Rico, Guam, American Samoa, the Virgin Islands of the United 
States, or the Commonwealth of the Northern Mariana Islands.''.
    (b) Wind Lease Sales for Areas of the Outer Continental Shelf.--The 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended 
by adding at the end the following:

``SEC. 33. WIND LEASE SALES FOR AREAS OF THE OUTER CONTINENTAL SHELF 
              OFFSHORE OF TERRITORIES OF THE UNITED STATES.

    ``(a) Wind Lease Sales Off Coasts of Territories of the United 
States.--
            ``(1) Call for information and nominations.--The Secretary 
        shall issue a call for information and nominations for proposed 
        wind lease sales for areas determined to be feasible.
            ``(2) Conditional wind lease sales.--For areas lying within 
        the exclusive economic zone of the United States adjacent to 
        Puerto Rico, Guam, American Samoa, the Virgin Islands of the 
        United States, and the Commonwealth of the Northern Mariana 
        Islands, the Secretary shall conduct not less than one wind 
        lease sale in each such area, so long as:
                    ``(A) The Secretary has concluded that a wind lease 
                sale on the area is feasible.
                    ``(B) The Secretary has determined that there is 
                sufficient interest in leasing the area.
                    ``(C) The Secretary has consulted with other 
                relevant Federal agencies regarding such sale.
                    ``(D) The Secretary has consulted with the Governor 
                of the territory regarding the suitability of the area 
                for wind energy development.''.

SEC. 70802. LEASING ON THE OUTER CONTINENTAL SHELF.

    (a) Leasing Authorized.--The Secretary of the Interior is 
authorized to grant leases, easements, and rights-of-way pursuant to 
section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1337(p)(1)(C)) in the areas withdrawn by the Presidential Memorandum 
entitled ``Memorandum on the Withdrawal of Certain Areas of the United 
States Outer Continental Shelf from Leasing Disposition'' (issued 
September 8, 2020) and the Presidential Memorandum entitled 
``Presidential Determination on the Withdrawal of Certain Areas of the 
United States Outer Continental Shelf from Leasing Disposition'' 
(issued September 25, 2020).
    (b) Withdrawals.--Any Presidential withdrawal of an area of the 
Outer Continental Shelf from leasing under section 12(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1341(a)) issued after the date 
of enactment of this Act shall apply only to leasing authorized under 
subsections (a) and (i) of section 8 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(a) and 1337(i)), unless otherwise specified.

SEC. 70803. UNITED STATES GEOLOGICAL SURVEY.

    (a) 3D Elevation Program.--In addition to amounts otherwise 
available, there is appropriated to the United States Geological Survey 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $50,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
to carry out the 3D elevation program (43 U.S.C. 3104).
    (b) Climate Adaptation Science Centers.--In addition to amounts 
otherwise available, there is appropriated to the United States 
Geological Survey for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $100,000,000, to remain available 
until September 30, 2031, except that no amounts may be expended after 
September 30, 2031, for the Regional and National Climate Adaptation 
Science Centers to provide localized information to help communities 
respond to climate change.

SEC. 70804. FOSSIL FUEL RESOURCES.

    (a) Repeal of the Arctic National Wildlife Refuge Oil and Gas 
Program.--Section 20001 of Public Law 115-97 is repealed and any leases 
issued pursuant to section 20001 of Public Law 115-97 are hereby 
cancelled and all payments related to the leases shall be returned to 
the lessee(s) within 30 days of enactment of this Act.
    (b) Protection of the Eastern Gulf, Atlantic, and Pacific Coasts.--
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is 
amended by adding at the end the following:
    ``(q) Prohibition of Oil and Gas Leasing in Certain Areas of the 
Outer Continental Shelf.--The Secretary of the Interior may not issue a 
lease or any other authorization for the exploration, development, or 
production of oil or natural gas in the areas of the Outer Continental 
Shelf designated by section 104(a) of the Gulf of Mexico Energy 
Security Act of 2006 or in any area within the Atlantic Region planning 
areas or the Pacific Region planning areas (as such planning areas are 
described in the document entitled `2017 - 2022 Outer Continental Shelf 
Oil and Gas Leasing Proposed Final Program' dated November 2016, or a 
subsequent oil and gas leasing program developed under section 18 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1344).''.
    (c) Onshore Fossil Fuel Royalty Rates.--The Mineral Leasing Act (30 
U.S.C. 207) is amended--
            (1) in section 7(a), by striking ``12\1/2\'' and inserting 
        ``20'';
            (2) in section 17, by--
                    (A) striking ``12.5'' each place such term appears 
                and inserting ``20''; and
                    (B) striking ``12 \1/2\'' each place such term 
                appears and inserting ``20''; and
            (3) in section 31(e), by striking ``16 \2/3\'' both places 
        such term appears and inserting ``25''.
    (d) Offshore Oil and Gas Royalty Rate.--Section 8 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking--
            (1) ``12 \1/2\'' each place such term appears and inserting 
        ``20''; and
            (2) ``12 and \1/2\'' each place such term appears and 
        inserting ``20''.
    (e) Oil and Gas Minimum Bid.--Section 17 of the Mineral Leasing Act 
(30 U.S.C. 226) is amended--
            (1) in subsection (b)(1)(B)--
                    (A) by striking ``$2 per acre'' and inserting ``$10 
                per acre, except as otherwise provided by this 
                paragraph''; and
                    (B) by striking ``Federal Onshore Oil and Gas 
                Leasing Reform Act of 1987'' and inserting ``subtitle H 
                of the Act to provide for reconciliation pursuant to 
                title II of S. Con. Res. 14 of the 117th Congress'';
            (2) in subsection (b)(2)(C), by striking ``$2 per acre'' 
        and inserting ``$10 per acre''; and
            (3) by adding at the end the following:
    ``(q) Inflation Adjustment.--The Secretary shall--
            ``(1) by regulation, at least once every 4 years, adjust 
        each of the dollar amounts that apply under subsections 
        (b)(1)(B), (b)(2)(C), and (d) to reflect the change in 
        inflation; and
            ``(2) publish each such regulation in the Federal 
        Register.''.
    (f) Deferred Coal Bonus Payments.--Section 2(a) of the Mineral 
Leasing Act (30 U.S.C. 201(a)) is amended--
            (1) in paragraph (1), by striking the second and third 
        sentences; and
            (2) by striking paragraphs (4) and (5).
    (g) Fossil Fuel Rental Rates.--
            (1) Section 7(a) of the Mineral Leasing Act (30 U.S.C. 207) 
        is amended in the third sentence by inserting ``at a rental 
        rate of not less than $100 per acre (as reviewed and, if 
        appropriate, adjusted by the Secretary every 4 years)'' before 
        the period.
            (2) Section 17(d) of the Mineral Leasing Act (30 U.S.C. 
        226(d)) is amended in the first sentence by striking ``$1.50 
        per acre per year for the first through fifth years of the 
        lease and not less than $2 per acre per year for each year 
        thereafter'' and inserting ``$3 per acre per year during the 2-
        year period beginning on the date the lease begins for new 
        leases, and after the end of such two-year period not less than 
        $5 per acre per year''.
            (3) Section 31(e) of the Mineral Leasing Act (30 U.S.C. 
        188(e)) is amended by striking ``$10'' and inserting ``$20''.
    (h) Fossil Fuel Lease Term Length.--
            (1) Section 7 of the Mineral Leasing Act (30 U.S.C. 207) is 
        amended--
                    (A) in subsection (a)--
                            (i) in the first sentence, by striking 
                        ``twenty'' and inserting ``10'';
                            (ii) in the second sentence, by striking 
                        ``ten'' and inserting ``5''; and
                            (iii) in the sixth sentence--
                                    (I) by striking ``twenty'' and 
                                inserting ``10''; and
                                    (II) by striking ``ten'' and 
                                inserting ``5''; and
                    (B) in subsection (b)(5), by striking ``20'' and 
                inserting ``10''.
            (2) Section 17(e) of the Mineral Leasing Act (30 U.S.C. 
        226(e)) is amended by striking ``10 years:'' and inserting ``5 
        years.''.
    (i) Expression of Interest Fee.--Section 17 of the Mineral Leasing 
Act (30 U.S.C. 226), as amended by this subtitle is amended by adding 
at the end the following:
    ``(r) Fee for Expression of Interest.--
            ``(1) In general.--The Secretary shall charge any person 
        who submits, in accordance with procedures established by the 
        Secretary to carry out this subsection, an expression of 
        interest in leasing land available for disposition under this 
        section for exploration for, and development of, oil or gas a 
        fee in an amount determined by the Secretary under paragraph 
        (2).
            ``(2) Amount.--The fee authorized under paragraph (1) shall 
        be established by the Secretary in an amount that is determined 
        by the Secretary to be appropriate to cover the aggregate cost 
        of processing an expression of interest under this subsection, 
        but not less than $15 per acre of the area covered by the 
        applicable expression of interest.
            ``(3) Adjustment of fee.--The Secretary shall, by 
        regulation at least every 4 years, establish a higher 
        expression of interest fee--
                    ``(A) to reflect the change in inflation; and
                    ``(B) as the Secretary determines to be necessary 
                to enhance financial returns to the United States.''.
    (j) Elimination of Noncompetitive Leasing.--The Mineral Leasing Act 
is amended--
            (1) in section 17(b) (30 U.S.C. 226(b)), by striking 
        paragraph (3);
            (2) by amending section 17(c) (30 U.S.C. 226(c)) to read as 
        follows:
    ``(c) Lands made available for leasing under subsection (b)(1) but 
for which no bid is accepted may be made available by the Secretary for 
a new round of sealed bidding under such subsection.'';
            (3) in section 17(e) (30 U.S.C. 226(e))--
                    (A) by striking ``Competitive and noncompetitive 
                leases'' and inserting ``Leases, including leases for 
                tar sand areas,''; and
                    (B) by striking ``Provided, however'' and all that 
                follows through ``ten years.'';
            (4) in section 31(d)(1) (30 U.S.C. 188(d)(1)) by striking 
        ``or (c)'';
            (5) in section 31(e) (30 U.S.C. 188(e))--
                    (A) in paragraph (2) by striking ``, or the 
                inclusion'' and all that follows and inserting a 
                semicolon; and
                    (B) in paragraph (3) by striking ``(A)'' and by 
                striking subparagraph (B);
            (6) by striking section 31(f) (30 U.S.C. 188(f)); and
            (7) in section 31(g) (30 U.S.C. 188(g))--
                    (A) in paragraph (1) by striking ``as a 
                competitive'' and all that follows through the period 
                and inserting ``in the same manner as the original 
                lease issued pursuant to section 17.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraphs (3) and (4) as paragraphs (2) and (3), 
                respectively; and
                    (C) in paragraph (2), as redesignated, by striking 
                ``, applicable to leases issued under subsection 17(c) 
                of this Act (30 U.S.C. 226(c)) except,'' and inserting 
                ``, except''.
    (k) Oil and Gas Bonding Requirements.--Section 17(g) of the Mineral 
Leasing Act (30 U.S.C. 226(g)) is amended--
            (1) by inserting ``Each such bond, surety, or other 
        financial arrangement shall be considered inadequate if such 
        bond, surety, or other financial arrangement is for less than 
        $150,000 in the case of an arrangement for an individual 
        surface-disturbing activity of each entity on an individual oil 
        or gas lease in a State, or $500,000 in the case of an 
        arrangement for all surface-disturbing activities of each 
        entity on all oil and gas leases in a State.'' after ``on the 
        lease.'';
            (2) by redesignating existing subsection (g) as paragraph 
        (1); and
            (3) by adding at the end the following new paragraph:
            ``(2)(A) Not later than 180 days after the date of 
        enactment of subtitle H of the Act to provide for 
        reconciliation pursuant to title II of S. Con. Res. 14 of the 
        117th Congress the Secretary concerned shall initiate a 
        rulemaking to require that an adequate bond, surety, or other 
        financial arrangement be provided by the lessee prior to the 
        commencement of surface-disturbing activities on any lease 
        issued under this Act to ensure the complete and timely 
        remediation and reclamation of any land, water, or other 
        resources (including resources with recreation, range, timber, 
        mineral, watershed, fish or wildlife, natural scenic, 
        scientific, or historical value) adversely affected by lease 
        activities and operations after the abandonment or cessation of 
        oil and gas operations on the lease.
            ``(B) The Secretary concerned shall find that a bond, 
        surety or other financial arrangement required by regulation 
        under subparagraph (A) is inadequate if it is for less than--
                    ``(i) the complete and timely reclamation of the 
                lease tract;
                    ``(ii) the restoration of any lands or surface 
                waters adversely affected by lease operations after the 
                abandonment or cessation of oil and gas operations on 
                the lease; and
                    ``(iii) in the case of an idled well, the total 
                plugging and reclamation costs for each idled well 
                controlled by the same operator.
            ``(C) The Secretary concerned shall review the adequacy of 
        each such bond, surety, or other financial arrangement at least 
        once every 5 years and anytime a lease issued under this Act is 
        transferred.''.
    (l) Per-acre Lease Fees.--
            (1) Oil and gas lease fees.--The Secretary of Interior 
        shall charge onshore and offshore oil and gas leaseholders the 
        following annual, non-refundable fees:
                    (A) Conservation of resources fee.--There is 
                established a Conservation of Resources Fee of $4 per 
                acre per year on new producing Federal onshore and 
                offshore oil and gas leases.
                    (B) Speculative leasing fee.--There is established 
                a Speculative Leasing Fee of $6 per acre per year on 
                new nonproducing Federal onshore and offshore oil and 
                gas leases.
            (2) Deposit.--All funds collected pursuant to paragraph (1) 
        shall be deposited into the United States Treasury General 
        Fund.
            (3) Adjustment for inflation.--The Secretary of the 
        Interior shall, by regulation at least once every four years, 
        adjust each fee created by paragraph (1) to reflect any 
        increase in inflation.
    (m) Onshore Oil and Gas Inspection Fees.--
            (1) In general.--Section 108 of the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1718) is amended by 
        adding at the end the following:
    ``(d) Inspection Fees.--
            ``(1) In general.--The designated operator under each oil 
        and gas lease on Federal or Indian lands, or each unit and 
        communitization agreement that includes one or more such 
        Federal or Indian leases, that is subject to inspection under 
        subsection (b) and that is in force at the start of the fiscal 
        year 2021, shall pay a nonrefundable annual inspection fee in 
        an amount that, except as provided in paragraph (2), is 
        established by the Secretary by regulation and is sufficient to 
        recover the full costs incurred by the United States for 
        inspection and enforcement with respect to such leases.
            ``(2) Amount.--Until the effective date of regulations 
        under paragraph (1), the amount of the fee shall be--
                    ``(A) $800 for each lease or unit or 
                communitization agreement with no active or inactive 
                wells, but with surface use, disturbance or 
                reclamation;
                    ``(B) $1,400 for each lease or unit or 
                communitization agreement with 1 to 10 wells, with any 
                combination of active or inactive wells;
                    ``(C) $5,600 for each lease or unit or 
                communitization agreement with 11 to 50 wells, with any 
                combination of active or inactive wells; and
                    ``(D) $11,300 for each lease or unit or 
                communitization agreement with more than 50 wells, with 
                any combination of active or inactive wells.
            ``(3) Due date.--Payment of the fee under this section 
        shall be due, annually, not later than 30 days after the 
        Secretary provides notice of the assessment of the fee.
            ``(4) Penalty.--If the designated operator fails to pay the 
        full amount of the fee as prescribed in this section, the 
        Secretary may, in addition to utilizing any other applicable 
        enforcement authority, assess civil penalties against the 
        operator under section 109 in the same manner as if this 
        section were a mineral leasing law.
            ``(5) Exemption for tribal operators.--An operator that is 
        a Tribe or is controlled by a Tribe is not subject to paragraph 
        (1) with respect to a lease, unit, or communitization agreement 
        that is located entirely on the lands of such Tribe.''.
            (2) Assessment for fiscal year 2022.--The Secretary of the 
        Interior shall assess the fee under the amendment made by 
        paragraph (1) for fiscal year 2022, and provide notice of such 
        assessment to each designated operator who is liable for such 
        fee, by not later than 60 days after the date of enactment of 
        this Act.
    (n) Offshore Oil and Gas Inspection Fees.--Section 22 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1348) is amended by adding at 
the end the following:
    ``(g) Inspection Fees.--
            ``(1) In general.--
                    ``(A) Establishment.--The Secretary shall collect 
                from the operators of facilities subject to inspection 
                under subsection (c) nonrefundable fees for such 
                inspections--
                            ``(i) at an aggregate level to offset the 
                        annual expenses of such inspections;
                            ``(ii) using a schedule that reflect the 
                        differences in complexity among the classes of 
                        facilities to be inspected; and
                            ``(iii) in accordance with subparagraph 
                        (C).
                    ``(B) Adjustment for inflation.--For each fiscal 
                year beginning after fiscal year 2022, the Secretary 
                shall adjust the amount of the fees collected under 
                this paragraph for inflation.
                    ``(C) Fees for fiscal year 2022.--
                            ``(i) Annual fees.--For fiscal year 2022, 
                        the Secretary shall collect annual fees from 
                        the operator of facilities that are above the 
                        waterline, excluding drilling rigs, and are in 
                        place at the start of the fiscal year in the 
                        following amounts:
                                    ``(I) $11,725 for facilities with 
                                no wells, but with processing equipment 
                                or gathering lines.
                                    ``(II) $18,984 for facilities with 
                                1 to 10 wells, with any combination of 
                                active or inactive wells.
                                    ``(III) $35,176 for facilities with 
                                more than 10 wells, with any 
                                combination of active or inactive 
                                wells.
                            ``(ii) Fees for drilling rigs.--For fiscal 
                        year 2022, the Secretary shall collect fees for 
                        each inspection from the operators of drilling 
                        rigs in the following amounts:
                                    ``(I) $34,059 per inspection for 
                                rigs operating in water depths of 500 
                                feet or more.
                                    ``(II) $18,649 per inspection for 
                                rigs operating in water depths of less 
                                than 500 feet.
                            ``(iii) Fees for non-rig units.--For fiscal 
                        year 2022, the Secretary shall collect fees for 
                        each inspection from the operators of well 
                        operations conducted via non-rig units as 
                        outlined in subparts D, E, F, and Q of part 250 
                        of title 30, Code of Federal Regulations (or 
                        any successor regulation), in the following 
                        amounts:
                                    ``(I) $13,260 per inspection for 
                                non-rig units operating in water depths 
                                of 2,500 feet or more.
                                    ``(II) $11,530 per inspection for 
                                non-rig units operating in water depths 
                                between 500 and 2,499 feet.
                                    ``(III) $4,470 per inspection for 
                                non-rig units operating in water depths 
                                of less than 500 feet.
            ``(2) Disposition.--Amounts collected as fees under 
        paragraph (1) shall be deposited into the general fund of the 
        Treasury.
            ``(3) Billing.--
                    ``(A) Annual fees.--The Secretary shall bill 
                designated operators under paragraph (1)(C)(i) 
                annually, with payment required not later than 30 days 
                after such billing.
                    ``(B) Fees for drilling rigs.--The Secretary shall 
                bill designated operators under paragraph (1)(C)(ii) 
                not later than 30 days after the end of the month in 
                which the inspection occurred, with payment required 
                not later than 30 days after such billing.
            ``(4) Publication.--The Secretary shall annually make 
        available to the public the following information about each 
        fee deposited into the Fund:
                    ``(A) The facility that was inspected.
                    ``(B) The name of the operator of such facility.
                    ``(C) The amount of the payment.''.
    (o) Severance Fees.--The Secretary of Interior shall collect 
annual, non-refundable fees on fossil fuels produced from new leases on 
Federal lands and the Outer Continental Shelf and deposit the funds 
into the United States Treasury General Fund. Such fees shall be--
            (1) not less than $0.50 per barrel of oil equivalent on oil 
        and natural gas produced from Federal lands and the Outer 
        Continental Shelf; and
            (2) not less than $2 per metric ton of coal produced from 
        Federal lands.
    (p) Idled Well Fees.--
            (1) In general.--The Secretary shall, not later than 180 
        days after the date of enactment of this section, issue 
        regulations to require each operator of an idled well on 
        Federal land and the Outer Continental Shelf to pay an annual, 
        nonrefundable fee for each such idled well in accordance with 
        this subsection.
            (2) Amounts.--Except as provided in paragraph (5), the 
        amount of the fee shall be as follows:
                    (A) $500 for each well that has been considered an 
                idled well for at least 1 year, but not more than 5 
                years.
                    (B) $1,500 for each well that has been considered 
                an idled well for at least 5 years, but not more than 
                10 years.
                    (C) $3,500 for each well that has been considered 
                an idled well for at least 10 years, but not more than 
                15 years.
                    (D) $7,500 for each well that has been considered 
                an idled well for at least 15 years.
            (3) Due date.--An owner of an idled well that is required 
        to pay a fee under this subsection shall submit to the 
        Secretary such fee by not later than October 1 of each year.
            (4) Civil penalty.--If the operator of a idled well fails 
        to pay the full amount of a fee under this subsection, the 
        Secretary may assess a civil penalty against the operator under 
        section 109 of the Federal Oil and Gas Royalty Management Act 
        of 1982 (30 U.S.C. 1719) as if such failure to pay were a 
        violation under such section.
            (5) Adjustment for inflation.--The Secretary shall, by 
        regulation not less than once every 4 years, adjust each fee 
        under this subsection to account for inflation.
            (6) Deposit.--All funds collected pursuant to paragraph (1) 
        shall be deposited into the United States Treasury General 
        Fund.
            (7) Idled well definition.--For the purposes of this 
        section, the term ``idled well'' means a well that has been 
        non-operational for at least two consecutive years and for 
        which there is no anticipated beneficial future use.
    (q) Annual Pipeline Owners Fee.--Not later than 180 days after the 
date of enactment of this Act, the Bureau of Safety and Environmental 
Enforcement shall issue regulations to assess an annual fee on owners 
of offshore oil and gas pipelines. Such fee shall not qualify as a 
transportation allowance or as a deductible cost in calculating 
royalties due to the United States and shall be no less than--
            (1) $10,000 per mile for such pipelines in water with a 
        depth of 500 feet or greater; and
            (2) $1,000 per mile for pipelines in water depth of under 
        500 feet.
    (r) Royalties on All Extracted Methane.--
            (1) Assessment on all production.--
                    (A) In general.--Except as provided in subparagraph 
                (B), royalties paid for gas produced from Federal lands 
                and on the Outer Continental Shelf shall be assessed on 
                all gas produced, including--
                            (i) gas used or consumed within the area of 
                        the lease tract for the benefit of the lease; 
                        and
                            (ii) all gas that is consumed or lost by 
                        venting, flaring, or fugitive releases through 
                        any equipment during upstream operations.
                    (B) Exception.--Subparagraph (A) shall not apply 
                with respect to--
                            (i) gas vented or flared for not longer 
                        than 48 hours in an acute emergency situation 
                        that poses a danger to human health; and
                            (ii) gas used or consumed within the area 
                        of the lease tract for the benefit of the lease 
                        when the operator is a Tribe or is controlled 
                        by a Tribe that is located entirely on the 
                        lands of such Tribe.
            (2) Conforming amendments.--
                    (A) Mineral leasing act.--The Mineral Leasing Act 
                is amended--
                            (i) in section 14 (30 U.S.C. 223), by 
                        adding at the end the following: ``Royalties 
                        shall be assessed with respect to oil and gas, 
                        other than gas vented or flared for not longer 
                        than 48 hours in an acute emergency situation 
                        that poses a danger to human health and gas 
                        used or gas consumed within the area of the 
                        lease tract for the benefit of the lease when 
                        the operator is a Tribe or is controlled by a 
                        Tribe that is located entirely on the lands of 
                        such Tribe, without regard to whether oil or 
                        gas is removed or sold from the leased land.'';
                            (ii) in section 22 (30 U.S.C. 251), by 
                        striking ``sold or removed''; and
                            (iii) in section 31 (30 U.S.C. 188), by 
                        striking ``removed or sold'' each place it 
                        appears.
                    (B) Outer continental shelf lands act.--The Outer 
                Continental Shelf Lands Act is amended--
                            (i) in section 6(a)(8) (43 U.S.C. 
                        1335(a)(8)), by striking ``saved, removed, or 
                        sold'' each place it appears; and
                            (ii) in section 8(a) (43 U.S.C. 1337(a))--
                                    (I) in paragraph (1), by striking 
                                ``saved, removed, or sold'' each place 
                                it appears; and
                                    (II) by adding at the end the 
                                following:
            ``(9) Royalties under this Act shall be assessed with 
        respect to oil and gas, other than gas vented or flared for not 
        longer than 48 hours in an acute emergency situation that poses 
        a danger to human health and gas used or gas consumed within 
        the area of the lease tract for the benefit of the lease when 
        the operator is a Tribe or is controlled by a Tribe that is 
        located entirely on the lands of such Tribe, without regard to 
        whether oil or gas is removed or sold from the leased land.''.
    (s) Elimination of Royalty Relief.--
            (1) In general.--
                    (A) Outer continental shelf lands act relating to 
                the suspension of royalties.--Section 8(a)(1)(H) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(a)(1)(H)) is amended by striking ``, and with 
                suspension of royalties for a period, volume, or value 
                of production determined by the Secretary, which 
                suspensions may vary based on the price of production 
                from the lease''.
                    (B) Outer continental shelf lands act relating to 
                the suspension of royalties.--Section 8(a)(1)(H) of the 
                Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(a)(1)(H)) is amended by striking ``, and with 
                suspension of royalties for a period, volume, or value 
                of production determined by the Secretary, which 
                suspensions may vary based on the price of production 
                from the lease''.
                    (C) Outer continental shelf lands act.--Section 
                8(a)(3) of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1337(a)(3)) is amended--
                            (i) by striking subparagraphs (A) and (B); 
                        and
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (A).
                    (D) Energy policy act of 2005.--
                            (i) Incentives for natural gas production 
                        from deep wells in the shallow waters of the 
                        gulf of mexico.--Section 344 of the Energy 
                        Policy Act of 2005 (42 U.S.C. 15904) is 
                        repealed.
                            (ii) Deep water production.--Section 345 of 
                        the Energy Policy Act of 2005 (42 U.S.C. 15905) 
                        is repealed.
            (2) Future provisions.--Royalty relief shall not be 
        permitted under a lease issued under section 8 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1337).
            (3) Provisions relating to naval petroleum reserve in 
        alaska.--Section 107 of the Naval Petroleum Reserves Production 
        Act of 1976 (42 U.S.C. 6506a) is amended--
                    (A) in subsection (i), by striking paragraphs (2) 
                through (6); and
                    (B) by striking subsection (k).
            (4) Royalty relief under the mineral leasing act.--
                    (A) Repeal.--Section 39 of the Mineral Leasing Act 
                (30 U.S.C. 209) is repealed.
                    (B) Conforming amendments.--
                            (i) Section 8721(b) of title 10, United 
                        States Code, is amended by striking ``202-209'' 
                        and inserting ``202-208''.
                            (ii) Section 8735(a) of title 10, United 
                        States Code, is amended by striking ``202-209'' 
                        and inserting ``202-208''.
                            (iii) Section 31(h) of the Mineral Leasing 
                        Act (30 U.S.C. 188(h)) is amended by striking 
                        ``and the provisions of section 39 of this 
                        Act''.

SEC. 70805. CIVIL AND CRIMINAL PENALTIES.

    (a) Mineral Leasing Act.--Section 41 of the Mineral Leasing Act (30 
U.S.C. 195) is amended--
            (1) in subsection (b), by striking ``$500,000'' and 
        inserting ``$1,000,000''; and
            (2) in subsection (c), by striking ``$100,000'' and 
        inserting ``$250,000''.
    (b) Federal Oil and Gas Royalty Management Act of 1982.--The 
Federal Oil and Gas Royalty Management Act of 1982 is amended--
            (1) in section 109 (30 U.S.C. 1719)--
                    (A) in subsection (a)(2), by striking ``$500'' and 
                inserting ``$1,500'';
                    (B) in subsection (b), by striking ``$5,000''and 
                inserting ``$15,000'';
                    (C) in subsection (c)(3), by striking ``$10,000'' 
                and inserting ``$30,000'';
                    (D) in subsection (d)(3), by striking ``$25,000'' 
                and inserting ``$75,000'';
                    (E) by redesignating existing subsections (e) 
                through (l) as (f) through (m), respectively; and
                    (F) by adding at the end:
    ``(n) Inflation Adjustment of Maximum Penalties.--
            ``(1) The maximum civil penalty amounts listed in 
        subsections (a) through (d) shall automatically adjust for 
        inflation on the 1st day of each calendar year in accordance 
        with the provisions of this subsection.
            ``(2) The inflation adjustment under this subsection shall 
        be based on the Consumer Price Index published by the 
        Department of Labor for all Urban Consumers (CPI-U) and shall 
        be calculated by the percentage change, if any, by which the 
        CPI-U for the month of October preceding the adjustment date 
        exceeds the CPI-U for the month of October one year before.
            ``(3) The Secretary will provide sufficient notice of 
        adjusted penalties by publishing the adjusted maximum civil 
        penalty amounts on a public website of the Department.
            ``(4) The Secretary will provide notice, in writing, to the 
        Committee on Natural Resources of the Department's intent to 
        adjust such penalties 180 days before publishing the adjusted 
        maximum civil penalty amounts on a public website of the 
        Department under paragraph (3).''; and
            (2) in section 110, by striking ``$50,000'' and inserting 
        ``$150,000''.
    (c) Outer Continental Shelf Lands Act.--
            (1) Civil penalty, generally.--Section 24(b) of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1350(b)) is amended to 
        read as follows:
    ``(b) Civil Penalties.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person who fails to comply with any provision of this Act, or 
        any term of a lease, license, or permit issued pursuant to this 
        Act, or any regulation or order issued under this Act, shall be 
        liable for a civil administrative penalty of not more than 
        $75,000 for each day of the continuance of such failure. The 
        Secretary may assess, collect, and compromise any such penalty.
            ``(2) Opportunity for a hearing.--No penalty shall be 
        assessed until the person charged with a violation has been 
        given an opportunity for a hearing.
            ``(3) Adjustment for inflation.--The Secretary shall, by 
        regulation at least every 3 years, adjust the penalty specified 
        in this paragraph to reflect any increases in inflation.
            ``(4) Threat of harm.--If a failure described in paragraph 
        (1) constitutes or constituted a threat of harm or damage to 
        life, property, any mineral deposit, or the marine, coastal, or 
        human environment, a civil penalty of not more than $150,000 
        shall be assessed for each day of the continuance of the 
        failure.''.
            (2) Knowing and willful violations.--Section 24(c) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1350(c)) is 
        amended by striking ``$100,000'' and inserting ``$1,000,000''.
            (3) Officers and agents of corporations.--Section 24(d) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1350(d)) is 
        amended by striking ``knowingly and willfully authorized, 
        ordered, or carried out'' and inserting ``authorized, ordered, 
        carried out, or through reckless disregard of the law caused''.

SEC. 70806. TECHNICAL AMENDMENTS TO FOGRMA.

    (a) Amendments to Definitions.--Section 3 of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1702) is amended--
            (1) in paragraph (20)(A), by striking ``: Provided, That'' 
        and all that follows through ``subject of the judicial 
        proceeding'';
            (2) in paragraph (20)(B), by striking ``(with written 
        notice to the lessee who designated the designee)'';
            (3) in paragraph (23)(A), by striking ``(with written 
        notice to the lessee who designated the designee)'';
            (4) by amending paragraph (24) to read as follows:
            ``(24) `designee' means a person who pays, offsets, or 
        credits monies, makes adjustments, requests and receives 
        refunds, or submits reports with respect to payments a lessee 
        must make pursuant to section 102(a);'';
            (5) in paragraph (25), in subparagraph (B)--
                    (A) by striking ``(subject to the provisions of 
                section 102(a) of this Act)''; and
                    (B) in clause (ii), by striking subclause (IV) and 
                all that follows through the end of the subparagraph 
                and inserting the following:
                                    ``(IV) any assignment, that arises 
                                from or relates to any lease, easement, 
                                right-of-way, permit, or other 
                                agreement regardless of form 
                                administered by the Secretary for, or 
                                any mineral leasing law related to, the 
                                exploration, production, and 
                                development of oil and gas or other 
                                energy resource on Federal lands or the 
                                Outer Continental Shelf;''; and
            (6) in paragraph (29), by inserting ``or permit'' after 
        ``lease''.
    (b) Compliance Reviews.--Section 101 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1711) is amended by adding at 
the end the following new subsection:
    ``(d) The Secretary may, as an adjunct to audits of accounts for 
leases, conduct compliance reviews of accounts. Such reviews shall not 
constitute nor substitute for audits of lease accounts. The Secretary 
shall immediately refer any disparity uncovered in such a compliance 
review to a program auditor. The Secretary shall, before completion of 
a compliance review, provide notice of the review to designees whose 
obligations are the subject of the review.''.
    (c) Liability for Royalty Payments.--Section 102(a) of the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1712(a)) is 
amended to read as follows:
    ``(a) Liability for Royalty Payments.--
            ``(1) Time and manner of payment.--In order to increase 
        receipts and achieve effective collections of royalty and other 
        payments, a lessee who is required to make any royalty or other 
        payment under a lease, easement, right-of-way, permit, or other 
        agreement, regardless of form, or under the mineral leasing 
        laws, shall make such payment in the time and manner as may be 
        specified by the Secretary or the applicable delegated State.
            ``(2) Designee.--Any person who pays, offsets, or credits 
        monies, makes adjustments, requests and receives refunds, or 
        submits reports with respect to payments the lessee must make 
        is the lessee's designee under this Act.
            ``(3) Liability.--A designee shall be liable for any 
        payment obligation of any lessee on whose behalf the designee 
        pays royalty under the lease. The person owning operating 
        rights in a lease and a person owning legal record title in a 
        lease shall be liable for that person's pro rata share of 
        payment obligations under the lease.''.
    (d) Recordkeeping.--Section 103(b) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1713(b)) is amended by 
striking ``6'' and inserting ``7''.
    (e) Adjustments and Refunds.--Section 111A of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1721a) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3)(A) An adjustment or a request for a refund for an 
        obligation may be made after the adjustment period only upon 
        written notice to and approval by the Secretary or the 
        applicable delegated State, as appropriate, during an audit of 
        the period which includes the production month for which the 
        adjustment is being made.
            ``(B) Except as provided in subparagraph (C), no adjustment 
        may be made with respect to an obligation after the completion 
        of an audit or compliance review of such obligation unless such 
        adjustment is approved by the Secretary or the applicable 
        delegated State, as appropriate.
            ``(C) If an overpayment is identified during an audit, the 
        Secretary shall allow a credit in the amount of the 
        overpayment.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``six-year'' and inserting 
                        ``four-year''; and
                            (ii) by striking ``period shall'' and 
                        inserting ``period may''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (C), by striking ``and'';
                    (B) in subparagraph (D), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) is made within the adjustment period for that 
                obligation.''.
    (f) Obligation Period.--
            (1) Section 115(b)(1) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1724(b)(1)) is amended to 
        read as follows:
            ``(1) The Secretary or a delegated State shall commence a 
        judicial proceeding or demand which arises from, or relates to 
        an obligation, within seven years from the date on which the 
        obligation becomes due and if not so commenced shall be barred. 
        A lessee shall commence a judicial proceeding or demand which 
        arises from, or relates to an obligation, within four years 
        from the date on which an obligation becomes due and if not so 
        commenced shall be barred. If the Secretary, a delegated State, 
        a lessee, or designee is barred from commencement of a judicial 
        proceeding or demand for an obligation, it--
                    ``(A) shall not take any other or further action 
                regarding that obligation, including (but not limited 
                to) the issuance of any order, request, demand or other 
                communication seeking any document, accounting, 
                determination, calculation, recalculation, payment, 
                principal, interest, assessment, or penalty or the 
                initiation, pursuit or completion of an audit with 
                respect to that obligation; and
                    ``(B) shall not pursue any other equitable or legal 
                remedy, including equitable recoupment, whether under 
                statute or common law, with respect to an action on, 
                defense against, or an enforcement of said 
                obligation.''.
            (2) Section 115(c) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1724(c)) is amended by adding 
        at the end the following new paragraph:
            ``(3) Adjustments.--In the case of an adjustment under 
        section 111A(a) in which a recoupment by the lessee results in 
        an underpayment of an obligation, the obligation becomes due on 
        the date the lessee or its designee makes the adjustment.''.
    (g) Appeals.--Section 115(h) of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1724(h)) is amended--
            (1) in paragraph (1), in the heading, by striking ``33-
        month'' and inserting ``48-month'';
            (2) by striking ``33 months'' each place it appears and 
        inserting ``48 months''; and
            (3) by striking ``33-month'' each place it appears and 
        inserting ``48-month''.
    (h) Penalty for Late or Incorrect Reporting of Data.--
            (1) In general.--The Secretary of the Interior shall issue 
        regulations by not later than 1 year after the date of 
        enactment of this Act that establish a civil penalty for late 
        or incorrect reporting of data under the Federal Oil and Gas 
        Royalty Management Act of 1982.
            (2) Amount.--The amount of the civil penalty shall be--
                    (A) an amount that the Secretary determines is 
                sufficient to ensure filing of data in accordance with 
                that Act; and
                    (B) not less than $10 for each failure to file 
                correct data in accordance with that Act.
            (3) Content of regulations.--Except as provided in 
        paragraph (2), the regulations issued under this section shall 
        be substantially similar to section 216.40 of title 30, Code of 
        Federal Regulations, as most recently in effect before the date 
        of enactment of this Act.
    (i) Shared Penalties.--Section 206 of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 1736) is amended by striking 
``Any payments under this section shall be reduced by an amount equal 
to any payments provided or due to such State or Indian Tribe under the 
cooperative agreement or delegation, as applicable, during the fiscal 
year in which the civil penalty is received, up to the total amount 
provided or due for that fiscal year.''.
    (j) Adjustments and Refunds.--Section 111A of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 1721a) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (3) to read as follows:
            ``(3)(A) An adjustment or a request for a refund for an 
        obligation may be made after the adjustment period only upon 
        written notice to and approval by the Secretary or the 
        applicable delegated State, as appropriate, during an audit of 
        the period which includes the production month for which the 
        adjustment is being made.
            ``(B) Except as provided in subparagraph (C), no adjustment 
        may be made with respect to an obligation after the completion 
        of an audit or compliance review of such obligation unless such 
        adjustment is approved by the Secretary or the applicable 
        delegated State, as appropriate.
            ``(C) If an overpayment is identified during an audit, the 
        Secretary shall allow a credit in the amount of the 
        overpayment.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``six-year'' and inserting 
                        ``four-year''; and
                            (ii) by striking ``period shall'' and 
                        inserting ``period may''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (C), by striking ``and'';
                    (B) in subparagraph (D), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) is made within the adjustment period for that 
                obligation.''.
    (k) Tolling Agreements and Subpoenas.--
            (1) Tolling agreements.--Section 115(d)(1) of the Federal 
        Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
        1724(d)(1)) is amended--
                    (A) by striking ``(with notice to the lessee who 
                designated the designee)''; and
                    (B) by adding at the end ``A tolling agreement 
                executed by a designee shall bind both the owner of 
                legal record title in a lease and the owner of 
                operating rights in a lease, and any designee. The 
                owner of the legal record title and the owner of 
                operating rights in a lease shall be bound by the 
                tolling agreement to the extent of their pro rata share 
                of payment obligations under the lease.''.
            (2) Subpoenas.--Section 115(d)(2)(A) of the Federal Oil and 
        Gas Royalty Management Act of 1982 (30 U.S.C. 1724(d)(2)(A)) is 
        amended by striking ``(with notice to the lessee who designated 
        the designee, which notice shall not constitute a subpoena to 
        the lessee)''.
    (l) Required Recordkeeping for Natural Gas Plants.--
            (1) Not later than 1 year after the date of enactment of 
        this Act, the Secretary of the Interior shall publish final 
        regulations with respect to required recordkeeping, under the 
        authority provided in section 103 of the Federal Oil and Gas 
        Royalty Management Act of 1982 (30 U.S.C. 1713), as amended by 
        this Act.
            (2) Section 103(a) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1713(a)) is amended to read:
    ``(a) A lessee, operator, or other person directly involved in 
developing, producing, treating, transporting, processing, purchasing, 
or selling oil or gas subject to this chapter through the point of 
first arm's-length sale, the point of royalty determination, or the 
point that processing is complete, whichever is later, shall establish 
and maintain any records, make any reports, and provide any information 
that the Secretary may, by rule, reasonably require for the purposes of 
implementing this chapter or determining compliance with rules or 
orders under this chapter. Upon the request of any officer or employee 
duly designated by the Secretary or any State or Indian Tribe 
conducting an audit or investigation pursuant to this chapter, the 
appropriate records, reports, or information which may be required by 
this section shall be made available for inspection and duplication by 
such officer or employee, State, or Indian Tribe.''.
    (m) Entitlements.--
            (1) Directed rulemaking.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of the Interior 
        shall publish final regulations prescribing when a Federal 
        lessee or designee must report and pay royalties on oil and gas 
        production for each month based on--
                    (A) the volume of oil and gas produced from a lease 
                or allocated to the lease in accordance with the terms 
                of a unit or communitization agreement; or
                    (B) the actual volume of oil and gas sold by or on 
                behalf of the lessee.
            (2) 100 percent entitlement reporting and paying.--The 
        Secretary shall give consideration to requiring all reporting 
        and paying based on the volume of oil and gas produced from a 
        lease or allocated to the lease in accordance with the terms of 
        a unit or communitization agreement without regard to the 
        actual volume of oil and gas sold by or on behalf of a lessee.
            (3) Volume allocation of oil and gas production.--Section 
        111(i) of the Federal Oil and Gas Royalty Management Act of 
        1982 (30 U.S.C. 1721(i)) is amended to read:
    ``(i) Volume Allocation of Oil and Gas Production.--Except as 
otherwise provided by this subsection--
            ``(A) a lessee or its designee of a lease in any unit or 
        communitization agreement shall report and pay royalties on oil 
        and gas production for each production month based on the 
        volume of oil and gas produced from such agreement and 
        allocated to the lease in accordance with the terms of the 
        agreement; and
            ``(B) a lessee or its designee of a lease that is not 
        contained in a unit or communitization agreement shall report 
        and pay royalties on oil and gas production for each production 
        month based on the volume of oil and gas produced from the 
        lease unless the Secretary promulgates a final rule to allow or 
        require that the lessee report and pay royalties on oil and gas 
        production for each production month based on the actual volume 
        of production sold by or on behalf of that lessee.''.

SEC. 70807. HARDROCK MINING.

    (a) Abandoned Mine Land Cleanup.--In addition to amounts otherwise 
available, there is appropriated to the Bureau of Land Management for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated $2,500,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for all activities necessary to inventory, assess, decommission, 
reclaim, respond to hazardous substance releases on, and remediate 
abandoned locatable minerals mine land.
    (b) Royalty.--
            (1) In general.--Except as provided in paragraph (2) and 
        subject to paragraph (3), production of all locatable minerals 
        from any mining claim located under the general mining laws and 
        maintained in compliance with this Act, or mineral concentrates 
        or products derived from locatable minerals from any such 
        mining claim, as the case may be, shall be subject to a royalty 
        of 8 percent of the gross income from mining. The claim holder 
        or any operator to whom the claim holder has assigned the 
        obligation to make royalty payments under the claim and any 
        person who controls such claim holder or operator shall be 
        liable for payment of such royalties.
            (2) Royalty for federal lands subject to approved plan of 
        operations.--The royalty under paragraph (2) shall be 4 percent 
        in the case of any Federal land that is subject to an approved 
        plan of operations on the date of the enactment of this Act.
            (3) Federal land added to existing plans of operations.--
        Any Federal land added through a plan modification to a mining 
        plan of operations that is submitted after the date of 
        enactment of this Act shall be subject to the royalty that 
        applies to Federal land under paragraph (1).
            (4) Limitation on application.--
                    (A) In general.--Any royalty under this subsection 
                shall not apply to small miners. In this subparagraph, 
                the term ``small miner'' means a person (including all 
                related parties thereto) that certifies to the 
                Secretary in writing that the person had annual gross 
                income in the preceding calendar year from mineral 
                production in an amount less than $100,000.
                    (B) Related parties defined.--For the purposes of 
                this paragraph, the term ``related parties'' means, 
                with respect to a person--
                            (i) the spouse and all dependents (as 
                        defined in section 152 of the Internal Revenue 
                        Code of 1986 (26 U.S.C. 152)) of the person; or
                            (ii) another person who is affiliated with 
                        the person, including--
                                    (I) another person who controls, is 
                                controlled by, or is under common 
                                control with the person; and
                                    (II) a subsidiary or parent company 
                                or corporation of the person.
                    (C) Control defined.--For purposes of this 
                paragraph, the term ``control'' includes actual 
                control, legal control, and the power to exercise 
                control, through or by common directors, officers, 
                stockholders, a voting trust, or a holding company or 
                investment company, or any other means.
            (5) Duties of claim holders, operators, and transporters.--
                    (A) Regulation.--The Secretary shall prescribe by 
                rule the time and manner in which--
                            (i) a person who is required to make a 
                        royalty payment under this section shall make 
                        such payment; and
                            (ii) shall notify the Secretary of any 
                        assignment that such person may have made of 
                        the obligation to make any royalty or other 
                        payment under a mining claim under this 
                        section.
                    (B) Written instrument.--Any person paying 
                royalties under this section shall file a written 
                instrument, together with the first royalty payment, 
                affirming that such person is responsible for making 
                proper payments for all amounts due for all time 
                periods for which such person has a payment 
                responsibility.
                    (C) Additional amounts.--Such responsibility for 
                the periods referred to in subparagraph (B) shall 
                include any and all additional amounts billed by the 
                Secretary and determined to be due by final agency or 
                judicial action.
                    (D) Joint and several liability.--Any person liable 
                for royalty payments under this section who assigns any 
                payment obligation shall remain jointly and severally 
                liable for all royalty payments due for the period.
                    (E) Obligations.--A person conducting mineral 
                activities shall--
                            (i) develop and comply with the site 
                        security provisions in the mining plan of 
                        operations designed to protect from theft the 
                        hardrock minerals, concentrates, or products 
                        derived therefrom that are produced or stored 
                        on the area subject to a mining claim or lease, 
                        and such provisions shall conform with such 
                        minimum standards as the Secretary may 
                        prescribe by rule, taking into account the 
                        variety of circumstances on areas subject to 
                        mining claims and leases; and
                            (ii) not later than the 5th business day 
                        after production begins anywhere on an area 
                        subject to a mining claim, or production 
                        resumes after more than 90 days after 
                        production was suspended, notify the Secretary, 
                        in the manner prescribed by the Secretary, of 
                        the date on which such production has begun or 
                        resumed.
                    (F) Required documentation.--The Secretary may by 
                rule require any person engaged in transporting a 
                hardrock mineral, concentrate, or product derived 
                therefrom to carry on his or her person, in his or her 
                vehicle, or in his or her immediate control, 
                documentation showing, at a minimum, the amount, 
                origin, and intended destination of the hardrock 
                mineral, concentrate, or product derived therefrom in 
                such circumstances as the Secretary determines is 
                appropriate.
            (6) Recordkeeping and reporting requirements.--
                    (A) In general.--A claim holder, operator, or other 
                person directly involved in developing, producing, 
                processing, transporting, purchasing, or selling 
                hardrock minerals, concentrates, or products derived 
                therefrom, subject to this section, shall establish and 
                maintain any records, make any reports, and provide any 
                information that the Secretary may reasonably require 
                for the purposes of implementing this section or 
                determining compliance with rules or orders under this 
                section. Such records shall include periodic reports, 
                records, documents, and other data. Such reports may 
                also include pertinent technical and financial data 
                relating to the quantity, quality, composition volume, 
                weight, and assay of all minerals extracted from the 
                mining claim or lease.
                    (B) Forfeiture.--Failure by a claim holder or 
                operator to cooperate with such an audit, provide data 
                required by the Secretary, or grant access to 
                information may, at the discretion of the Secretary, be 
                declared void.
                    (C) Maintenance of records.--Records required by 
                the Secretary under this section shall be maintained 
                for 7 years after release of financial assurance unless 
                the Secretary notifies the operator that the Secretary 
                has initiated an audit or investigation involving such 
                records and that such records must be maintained for a 
                longer period. In any case when an audit or 
                investigation is underway, records shall be maintained 
                until the Secretary releases the operator of the 
                obligation to maintain such records.
            (7) Audits.--The Secretary is authorized to conduct such 
        audits of all operators, transporters, purchasers, processors, 
        or other persons directly or indirectly involved in the 
        production or sale of minerals covered by this section, as the 
        Secretary deems necessary for the purposes of ensuring 
        compliance with the requirements of this section. For purposes 
        of performing such audits, the Secretary shall, at reasonable 
        times and upon request, have access to, and may copy, all 
        books, papers and other documents that relate to compliance 
        with any provision of this section by any person.
            (8) Interest and substantial underreporting assessments.--
                    (A) Payments not received.--In the case of 
                production where royalty payments are not received by 
                the Secretary on the date that such payments are due, 
                the Secretary shall charge interest on such 
                underpayments at the same interest rate as the rate 
                applicable under section 6621(a)(2) of the Internal 
                Revenue Code of 1986. In the case of an underpayment, 
                interest shall be computed and charged only on the 
                amount of the deficiency and not on the total amount.
                    (B) Underreporting.--If there is any underreporting 
                of royalty owed on production for any production month 
                by any person liable for royalty payments under this 
                section, the Secretary shall assess a penalty of not 
                greater than 25 percent of the amount of that 
                underreporting.
                    (C) Self-reporting.--The Secretary may waive or 
                reduce the assessment provided in subparagraph (B) if 
                the person liable for royalty payments under this 
                section corrects the underreporting before the date 
                such person receives notice from the Secretary that an 
                underreporting may have occurred, or before 90 days 
                after the date of the enactment of this section, 
                whichever is later.
                    (D) Waiver.--The Secretary shall waive any portion 
                of an assessment under subparagraph (B) attributable to 
                that portion of the underreporting for which the person 
                responsible for paying the royalty demonstrates that--
                            (i) such person had written authorization 
                        from the Secretary to report royalty on the 
                        value of the production on basis on which it 
                        was reported;
                            (ii) such person had substantial authority 
                        for reporting royalty on the value of the 
                        production on the basis on which it was 
                        reported;
                            (iii) such person previously had notified 
                        the Secretary, in such manner as the Secretary 
                        may by rule prescribe, of relevant reasons or 
                        facts affecting the royalty treatment of 
                        specific production which led to the 
                        underreporting; or
                            (iv) such person meets any other exception 
                        which the Secretary may, by rule, establish.
                    (E) Definition.--For the purposes of this 
                subsection, the term ``underreporting'' means the 
                difference between the royalty on the value of the 
                production that should have been reported and the 
                royalty on the value of the production which was 
                reported, if the value that should have been reported 
                is greater than the value that was reported.
            (9) Expanded royalty obligations.--Each person liable for 
        royalty payments under this section shall be jointly and 
        severally liable for royalty on all hardrock minerals, 
        concentrates, or products derived therefrom lost or wasted from 
        a mining claim when such loss or waste is due to negligence on 
        the part of any person or due to the failure to comply with any 
        rule, regulation, or order issued under this section.
            (10) Gross income from mining defined.--For the purposes of 
        this section, for any hardrock mineral, the term ``gross income 
        from mining'' has the same meaning as the term ``gross income'' 
        in the Internal Revenue Code of 1986 (26 C.F.R. 61).
            (11) Effective date.--Royalties under this section shall 
        take effect with respect to the production of hardrock minerals 
        after the enactment of this Act, but any royalty payments 
        attributable to production during the first 12 calendar months 
        after the enactment of this Act shall be payable at the 
        expiration of such 12-month period.
            (12) Failure to comply with royalty requirements.--Any 
        person who fails to comply with the requirements of this 
        section or any regulation or order issued to implement this 
        section shall be liable for a civil penalty under section 109 
        of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 
        1719) to the same extent as if the claim maintained in 
        compliance with this title were a lease under such Act.
    (c) Reclamation Fee.--
            (1) Imposition of fee.--Except as provided in paragraph 
        (7), each operator conducting hardrock mineral activities shall 
        pay to the Secretary of the Interior a reclamation fee of 7 
        cents per ton of displaced material.
            (2) Payment deadline.--Such reclamation fee shall be paid 
        not later than 60 days after the end of each calendar year 
        beginning with the first calendar year occurring after the date 
        of enactment of this Act.
            (3) Submission of statement.--All operators conducting 
        hardrock mineral activities shall submit to the Secretary a 
        statement of the amount of displaced material produced during 
        mineral activities during the previous calendar year, the 
        accuracy of which shall be sworn to by the operator and 
        notarized.
            (4) Penalty.--Any corporate officer, agent, or director of 
        a person conducting hardrock mineral activities, and any other 
        person acting on behalf of such a person, who knowingly makes 
        any false statement, representation, or certification, or 
        knowingly fails to make any statement, representation, or 
        certification, required under this section with respect to such 
        operation shall, upon conviction, be punished by a fine of not 
        more than $10,000.
            (5) Civil action to recover fee.--Any portion of such 
        reclamation fee not properly or promptly paid pursuant to this 
        section shall be recoverable, with statutory interest, from the 
        hardrock mineral activities operator, in any court of competent 
        jurisdiction in any action at law to compel payment of debts.
            (6) Effect.--Nothing in this section requires a reduction 
        in, or otherwise affects, any similar fee required under any 
        law (including regulations) of any State.
            (7) Exemption.--The fee under this section shall not apply 
        for small miners.
            (8) Definitions.--
                    (A) The term ``displaced material'' means any 
                unprocessed ore and waste dislodged from its location 
                at the time hardrock mineral activities begin at a 
                surface, underground, or in-situ mine.
                    (B) The term ``hardrock mineral''--
                            (i) means any mineral that was subject to 
                        location under the general mining laws as of 
                        the date of enactment of this Act, and that is 
                        not subject to disposition under--
                                    (I) the Mineral Leasing Act (30 
                                U.S.C. 181 et seq.);
                                    (II) the Geothermal Steam Act of 
                                1970 (30 U.S.C. 1001 et seq.);
                                    (III) the Act of July 31, 1947, 
                                commonly known as the Materials Act of 
                                1947 (30 U.S.C. 601 et seq.); or
                                    (IV) the Mineral Leasing for 
                                Acquired Lands Act (30 U.S.C. 351 et 
                                seq.); and
                            (ii) does not include any mineral that is 
                        subject to a restriction against alienation 
                        imposed by the United States and is--
                                    (I) held in trust by the United 
                                States for any Indian or Indian Tribe, 
                                as defined in section 2 of the Indian 
                                Miner Development Act of 1982 (25 
                                U.S.C. 2101); or
                                    (II) owned by any Indian or Indian 
                                Tribe, as defined in that section.
                    (C) The term ``mineral activities'' means any 
                activity on a mining claim, mill site, or tunnel site, 
                or a mining plan of operations, for, related to, or 
                incidental to, mineral exploration, mining, 
                beneficiation, processing, or reclamation activities 
                for any hardrock mineral.
                    (D) The term ``operator'' means any person 
                authorized at the date of enactment of this Act or 
                proposing after the date of enactment of this Act to 
                conduct mineral activities under the Mining Law of 1872 
                (30 U.S.C. 22)and any agent of such person.
                    (E) The term ``small miner'' means a person 
                (including all related parties thereto) that certifies 
                to the Secretary in writing that the person had annual 
                gross income in the preceding calendar year from 
                mineral production in an amount less than $100,000.
                    (F) The term ``displaced material'' means any crude 
                ore and waste dislodged from its location at the time 
                hardrock mineral activities begin at a surface, 
                underground, or in-situ mine.
    (d) Claim Maintenance Fee.--
            (1) Hardrock mining claim maintenance fee.--
                    (A) Required fees.--
                            (i) For each unpatented mining claim, mill, 
                        or tunnel site on federally owned lands, 
                        whether located before, on, or after the date 
                        of enactment of this Act, each claimant shall 
                        pay to the Secretary, on or before September 1 
                        of each year, a claim maintenance fee of $200 
                        per claim to hold such unpatented mining claim, 
                        mill or tunnel site for the assessment year 
                        beginning at noon on the next day, September 1.
                            (ii) For each unpatented placer mining 
                        claim on federally owned lands, whether located 
                        before, on, or after the date of enactment of 
                        this Act, each claimant shall pay to the 
                        Secretary, on or before September 1 of each 
                        year, a claim maintenance fee of $200 for each 
                        20 acres of the placer claim or portion 
                        thereof.
                            (iii) Such claim maintenance fee described 
                        in this section shall be in lieu of the 
                        assessment work requirement contained in the 
                        Mining Law of 1872 (30 U.S.C. 28 et seq.) and 
                        the related filing requirements contained in 
                        section 314 (a) and (c) of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1744 (a) and (c)).
                            (iv) The claim maintenance fee in this 
                        section shall be paid for the year in which the 
                        location is made, at the time the location 
                        notice is recorded with the Bureau of Land 
                        Management.
                    (B) Fee adjustments.--
                            (i) The Secretary shall provide claimants 
                        notice of any adjustment made under this 
                        subsection not later than July 1 of any year in 
                        which the adjustment is made.
                            (ii) A fee adjustment under this subsection 
                        shall begin to apply the first assessment year 
                        which begins after adjustment is made.
                    (C) Exception for small miners.--The claim 
                maintenance fee required under this section may be 
                waived for a claimant who certifies in writing to the 
                Secretary that on the date the payment was due, the 
                claimant and all related parties--
                            (i) held not more than 10 mining claims, 
                        mill sites, or tunnel sites, or any combination 
                        thereof, on public lands; and
                            (ii) have performed assessment work 
                        required under the Mining Law of 1872 (30 
                        U.S.C. 28-28e) to maintain the mining claims 
                        held by the claimant and such related parties 
                        for the assessment year ending on noon of 
                        September 1 of the calendar year in which 
                        payment of the claim maintenance fee was due.
            (2) Co-ownership.--The co-ownership provisions of the 
        Mining Law of 1872 (30 U.S.C. 28 et seq.) shall remain in 
        effect except that the annual claim maintenance fee, where 
        applicable, shall replace applicable assessment requirements 
        and expenditures.
            (3) Failure to pay.--Failure to timely pay the claim 
        maintenance fee as required by the Secretary shall conclusively 
        constitute a forfeiture of the unpatented mining claim, mill or 
        tunnel site by the claimant and the claim shall be deemed null 
        and void by operation of law.
    (e) Funding to Prevent Environmental Damage From Mining.--In 
addition to amounts otherwise available, there is appropriated to the 
Bureau of Land Management for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $3,000,000, to remain available 
until September 30, 2031, except that no amounts may be expended after 
September 30, 2031, to revise rules and regulations to prevent undue 
degradation of public lands due to hardrock mining activities as 
authorized by the Federal Land Policy and Management Act (43 U.S.C. 
1701) and the Mining Law of 1872 (30 U.S.C. 22).

            Subtitle I--Office of Native Hawaiian Relations

SEC. 70901. NATIVE HAWAIIAN CONSULTATION.

     In addition to amounts otherwise available, there is appropriated 
to the Office of Native Hawaiian Relations for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $3,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, for the purposes of conducting 
consultations with the Native Hawaiian people.

SEC. 70902. NATIVE HAWAIIAN CLIMATE RESILIENCE.

    In addition to amounts otherwise available, there is appropriated 
to the Office of Native Hawaiian Relations for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $30,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, through direct expenditure, 
contracts, grants, and cooperative agreements to provide funding and 
technical assistance for climate resilience and adaptation programs 
that serve the Native Hawaiian people.

                  Subtitle J--Accountability for Funds

SEC. 71001. OVERSIGHT.

    One half of one percent of the amounts made available under this 
title in each of fiscal years 2022 through 2031 shall be used for the 
oversight and accountability of the expenditure of funds.

SEC. 71002. LIMITATION.

    Of the funds provided under sections 70301, 70303, 70310, 70504, 
70505, 70506, 70507, 70508, 70510, 70512, 70513, 70514, 70601, 70602, 
70603, 70609, and 70610, no more than 2 percent shall be used for 
administrative costs to carry out such sections.

SEC. 71003. LIMITATION.

    No funds made available under this title may be used to close the 
national office of the Bureau of Land Management located in Grand 
Junction, Colorado.

             TITLE VIII--COMMITTEE ON OVERSIGHT AND REFORM

SEC. 80001. GENERAL SERVICES ADMINISTRATION CLEAN VEHICLE FLEET.

    In addition to amounts otherwise available, there is appropriated 
to the General Services Administration for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $5,000,000,000, to 
remain available until expended, for the procurement of electric 
vehicles and related infrastructure for the Federal fleet (excluding 
any vehicles of the United States Postal Service and including non-
tactical vehicles of the Department of Defense), and the management, 
acquisition, and allocation of such electric vehicles and 
infrastructure and working with Federal agencies to allocate and lease 
resources as necessary.

SEC. 80002. GENERAL SERVICES ADMINISTRATION OFFICE OF THE INSPECTOR 
              GENERAL CLEAN VEHICLE FLEET OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Office of the Inspector General of the General Services 
Administration for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $2,500,000, to remain available until 
expended, for oversight of the procurement of electric vehicles and 
related infrastructure for the Federal fleet at the General Services 
Administration.

SEC. 80003. UNITED STATES POSTAL SERVICE; CLEAN VEHICLE FLEET AND 
              FACILITY MAINTENANCE.

    In addition to amounts otherwise available, there is appropriated 
to the United States Postal Service for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $7,000,000,000, to 
remain available until expended, to be deposited into the Postal 
Service Fund established under section 2003 of title 39, United States 
Code, to acquire electric vehicles for the Postal Service fleet, of 
which $3,000,000,000 shall be for the purchase of electric delivery 
vehicles and $4,000,000,000 shall be for the purchase of the related 
infrastructure to support such vehicles.

SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF THE INSPECTOR 
              GENERAL CLEAN VEHICLE FLEET PROCUREMENT OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Office of the Inspector General of the United States Postal 
Service for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $23,000,000, to remain available until 
expended, to be deposited into the Postal Service Fund established 
under section 2003 of title 39, United States Code, to perform 
oversight of the United States Postal Service's acquisition and 
deployment of electric vehicles and such infrastructure as may be 
required to support such vehicles.

SEC. 80005. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.

    In addition to amounts otherwise available, there is appropriated 
to the National Archives and Records Administration for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$60,000,000 to remain available until expended to address backlogs in 
responding to requests from veterans for military personnel records, 
improve cyber security, improve digital preservation and access to 
archival Federal records, and address backlogs in requests made under 
section 552 of title 5, United States Code (commonly referred to as the 
Freedom of Information Act). Such amounts may also be used for the 
Federal Records Center Program.

SEC. 80006. FUNDING FOR GOVERNMENT ACCOUNTABILITY OFFICE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $25,000,000, to remain available until expended, for the 
Comptroller General to conduct oversight of the receipt, disbursement, 
and use of funds and exercise of authorities provided by this Act, 
including oversight of the equitable distribution and use of funds and 
their economic, social, and environmental impacts, and to prepare such 
reports that the Comptroller General determines appropriate.

SEC. 80007. FUNDING FOR THE OFFICE OF MANAGEMENT AND BUDGET FOR 
              IMPLEMENTATION OF JUSTICE40.

    In addition to amounts otherwise available, there is appropriated 
to the Office of Management and Budget for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $4,000,000 to remain 
available until September 30, 2026, for additional personnel and data 
management expenses to support implementation of the Justice40 
Initiative set forth in section 223 of Executive Order No. 14008, 
``Executive Order on Tackling the Climate Crisis at Home and Abroad'' 
(January 27, 2021), including providing assistance to other agencies in 
the development and implementation of methodologies to measure 
benefits, the development of a database to track agency benefits to 
disadvantaged communities, and a public-facing scorecard detailing 
agency environmental justice performance measures.

SEC. 80008. DISTRICT OF COLUMBIA CLEAN VEHICLE FLEET.

    In addition to amounts otherwise available, there is appropriated 
to the District of Columbia for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $10,000,000, to remain 
available until expended, for the procurement of electric vehicles and 
related infrastructure for the District of Columbia and the management 
and acquisition of such electric vehicles and infrastructure.

SEC. 80009. FUNDING FOR TECHNOLOGY MODERNIZATION FUND.

    In addition to amounts otherwise available, there is appropriated 
to the Technology Modernization Fund for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $1,000,000,000, to 
remain available until September 30, 2031.

SEC. 80010. FUNDING FOR GENERAL SERVICES ADMINISTRATION FEDERAL CITIZEN 
              SERVICES FUND.

    In addition to amounts otherwise available, there is appropriated 
to the General Services Administration for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $2,000,000,000, to 
remain available until September 30, 2031, to be deposited in the 
Federal Citizen Services Fund.

SEC. 80011. FUNDING FOR INFORMATION TECHNOLOGY OVERSIGHT AND REFORM 
              (ITOR) ACCOUNT.

    In addition to amounts otherwise available, there is appropriated 
to the Office of Management and Budget's Information Technology 
Oversight and Reform (ITOR) account within the Executive Office of the 
President for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $350,000,000, to remain available until 
September 30, 2031.

         TITLE IX--COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY

SEC. 90001. DEPARTMENT OF COMMERCE REGIONAL INNOVATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Commerce for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $5,000,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for planning and establishment of 
regional innovation initiatives pursuant to the Stevenson-Wydler Act, 
and for related administrative expenses. Of the funds provided by this 
section for regional innovation initiatives, no fewer than one-third of 
grants or cooperative agreements awarded shall significantly benefit a 
State that is eligible to receive funding from the Established Program 
to Stimulate Competitive Research of the National Science Foundation or 
a rural or other underserved community.

SEC. 90002. FUNDING FOR DEPARTMENT OF ENERGY LABORATORY INFRASTRUCTURE.

    (a) Office of Science Appropriation.--In addition to amounts 
otherwise available, there is appropriated to the Department of Energy 
Office of Science for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $10,391,804,000, to remain 
available until September 30, 2026, to carry out laboratory 
infrastructure projects, including--
            (1) $7,780,566,000 for Construction Projects, of which--
                    (A) $220,000,000 shall be used for the Exascale 
                Computing Project;
                    (B) $493,600,000 shall be used for the Frontier 
                Exascale Computing System;
                    (C) $427,400,000 shall be used for the Aurora 
                Exascale Computing System;
                    (D) $155,400,000 shall be used for upgrades to the 
                National Energy Research Scientific Computing Center;
                    (E) $38,616,000 shall be used for the Energy 
                Sciences Network;
                    (F) $157,000,000 shall be used for the Advanced 
                Photon Source Upgrade;
                    (G) $729,800,000 shall be used for the Spallation 
                Neutron Source Proton Power Upgrade and Second Target 
                Station;
                    (H) $337,600,000 shall be used for the Advanced 
                Light Source Upgrade;
                    (I) $472,850,000 shall be used for the Linac 
                Coherent Light Source-II, including the High Energy 
                Upgrade;
                    (J) $86,000,000 shall be used for the Cryomodule 
                Repair and Maintenance Facility;
                    (K) $25,000,000 shall be used for the High Flux 
                Isotope Reactor Pressure Vessel Replacement;
                    (L) $1,325,000,000 shall be used for United States 
                contributions to the ITER project as authorized in 
                section 972(c) of the Energy Policy Act of 2005 (42 
                U.S.C. 16312(c));
                    (M) $212,300,000 shall be used for the Matter in 
                Extreme Conditions Upgrade;
                    (N) $581,000,000 shall be used for the Proton 
                Improvement Plan-II project;
                    (O) $1,300,000,000 shall be used for the Long 
                Baseline Neutrino Facility/Deep Underground Neutrino 
                Experiment;
                    (P) $13,000,000 shall be used for the Muon to 
                Electron Conversion Experiment;
                    (Q) $806,000,000 shall be used for the Electron Ion 
                Collider;
                    (R) $213,000,000 shall be used for the Oak Ridge 
                National Laboratory Radioisotope Processing Facility; 
                and
                    (S) $187,000,000 shall be used for the United 
                States Stable Isotope Production and Research Center;
            (2) $1,470,238,000 for Major Items of Equipment, of which--
                    (A) $302,000,000 shall be used for the High 
                Performance Data Facility;
                    (B) $90,000,000 shall be used for the Nanoscale 
                Science Research Center Recapitalization project;
                    (C) $83,500,000 shall be used for the National 
                Synchrotron Light Source-II Experimental Tools II 
                project;
                    (D) $59,200,000 shall be used for the Material 
                Plasma Exposure Experiment;
                    (E) $567,875,000 shall be used for such projects 
                for the High Energy Physics program, including--
                            (i) $237,000,000 for the Cosmic Microwave 
                        Background-Stage 4 experiment; and
                            (ii) $223,875,000 for upgrades to the Large 
                        Hadron Collider; and
                    (F) $367,663,000 shall be used for such projects 
                for the Nuclear Physics program, including $212,500,000 
                for the Ton-Scale Neutrinoless Double Beta Decay 
                experiment; and
            (3) $1,141,000,000 for Science Laboratories Infrastructure, 
        of which--
                    (A) $111,500,000 shall be used for such projects at 
                the Oak Ridge National Laboratory;
                    (B) $115,000,000 shall be used for such projects at 
                the Thomas Jefferson National Accelerator Facility;
                    (C) $150,400,000 shall be used for such projects at 
                the Princeton Plasma Physics Laboratory;
                    (D) $29,850,000 shall be used for such projects at 
                the Ames Laboratory;
                    (E) $90,000,000 shall be used for such projects at 
                the Brookhaven National Laboratory;
                    (F) $265,000,000 shall be used for such projects at 
                the Lawrence Berkeley National Laboratory;
                    (G) $152,000,000 shall be used for such projects at 
                the SLAC National Accelerator Laboratory;
                    (H) $100,000,000 shall be used for such projects at 
                the Argonne National Laboratory; and
                    (I) $127,250,000 shall be used for such projects at 
                the Fermi National Accelerator Laboratory.
    (b) Energy Efficiency and Renewable Energy Appropriation.--In 
addition to amounts otherwise available, there is appropriated to the 
Department of Energy Office of Energy Efficiency and Renewable Energy 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $349,200,000, to remain available until September 30, 
2026, to carry out laboratory infrastructure projects, of which--
            (1) $163,000,000 shall be used for the Energy Materials and 
        Processing at Scale project;
            (2) $96,200,000 shall be used for the Advanced Research in 
        Integrated Energy Systems initiative; and
            (3) $90,000,000 shall be used for high-performance 
        computing equipment and infrastructure.
    (c) Nuclear Energy Appropriation.--In addition to amounts otherwise 
available, there is appropriated to the Department of Energy Office of 
Nuclear Energy for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $408,000,000, to remain available until 
September 30, 2026, to carry out laboratory infrastructure projects, of 
which--
            (1) $66,000,000 shall be used for the Sample Preparation 
        Laboratory;
            (2) $125,000,000 shall be used for the Advanced Test 
        Reactor and Materials and Fuel Complex Plant Health projects;
            (3) $122,000,000 shall be used for the Advanced Test 
        Reactor Recapitalization project; and
            (4) $95,000,000 shall be used for the Versatile Test 
        Reactor as authorized in section 955 of the Energy Policy Act 
        of 2005 (42 U.S.C. 16275).
    (d) Fossil Energy and Carbon Management Appropriation.--In addition 
to amounts otherwise available, there is appropriated to the Department 
of Energy Office of Fossil Energy and Carbon Management for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$20,000,000, to remain available until September 30, 2026, to carry out 
activities to support high-performance computing equipment and 
infrastructure.
    (e) General Laboratory Infrastructure.--In addition to amounts 
otherwise available, there is appropriated for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $1,080,996,000, 
to remain available until September 30, 2026, to carry out activities 
to support infrastructure at Department of Energy National Laboratories 
for civilian research and development purposes, including General Plant 
Projects and General Plant Equipment, of which--
            (1) not less than $377,301,000 shall be available to the 
        Office of Science;
            (2) not less than $209,800,000 shall be available to the 
        Office of Energy Efficiency and Renewable Energy;
            (3) not less than $40,000,000 shall be available to the 
        Office of Nuclear Energy;
            (4) not less than $190,000,000 shall be available to the 
        Office of Fossil Energy and Carbon Management; and
            (5) not less than $102,200,000 shall be available to the 
        Office of Environmental Management.

SEC. 90003. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION ACTIVITIES.

    (a) Office of Science Appropriations.--In addition to amounts 
otherwise available, there is appropriated to the Office of Science of 
the Department of Energy for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $2,000,000,000, to remain 
available until September 30, 2026, to carry out research and 
development activities. Of the funds provided by this section:
            (1) Computational science graduate fellowship.--
        $116,000,000 shall be used to carry out the Department of 
        Energy Computational Science Graduate Fellowship program.
            (2) Quantum user expansion for science and technology.--
        $340,000,000 shall be used to carry out activities to 
        facilitate access of researchers to United States quantum 
        computing facilities for research purposes as part of the 
        program authorized in title IV of the National Quantum 
        Initiative Act (15 U.S.C. 8851 et seq.).
            (3) Low-dose radiation research.--$180,000,000 shall be 
        used to carry out the activities of the low-dose radiation 
        research program authorized in section 306(c) of the Department 
        of Energy Research and Innovation Act (42 U.S.C. 18644(c)).
            (4) Fusion materials research and development.--
        $250,000,000 shall be used to carry out the activities of the 
        fusion materials research and development program authorized in 
        section 307(b) of the Department of Energy Research and 
        Innovation Act (42 U.S.C. 18645(b)).
            (5) Inertial fusion research and development.--$140,000,000 
        shall be used to carry out the activities of the program of 
        research and technology development in inertial fusion for 
        energy applications authorized in section 307(d) of the 
        Department of Energy Research and Innovation Act (42 U.S.C. 
        18645(d)).
            (6) Alternative and enabling fusion energy concepts.--
        $275,000,000 shall be used to carry out the activities of the 
        alternative and enabling fusion energy concepts program 
        authorized in section 307(e) of the Department of Energy 
        Research and Innovation Act (42 U.S.C. 18645(e)).
            (7) Milestone-based fusion energy development program.--
        $325,000,000 shall be used to carry out the activities of the 
        milestone-based fusion energy development program authorized in 
        section 307(i) of the Department of Energy Research and 
        Innovation Act (42 U.S.C. 18645(i)).
            (8) Fusion reactor system design.--$250,000,000 shall be 
        used to carry out the fusion reactor system design activities 
        authorized in section 307(j) of the Department of Energy 
        Research and Innovation Act (42 U.S.C. 18645(j)).
    (b) Energy Efficiency and Renewable Energy Appropriation.--
            (1) Demonstration projects.--In addition to amounts 
        otherwise available, there is appropriated to the Department of 
        Energy Office of Energy Efficiency and Renewable Energy for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $1,107,500,000, to remain available 
        until September 30, 2026, to carry out demonstration projects, 
        including demonstration of advanced--
                    (A) wind energy technologies as authorized in 
                section 3003 of the Energy Act of 2020 (42 U.S.C. 
                16237);
                    (B) solar energy technologies as authorized in 
                section 3004 of the Energy Act of 2020 (42 U.S.C. 
                16238), including technologies and processes to 
                encourage the domestic production of materials, 
                semiconductors, and other components at all stages of 
                the solar supply chain;
                    (C) geothermal technologies as authorized in 
                section 615 of the Energy Independence and Security Act 
                of 2007 (42 U.S.C. 17194);
                    (D) water power technologies as authorized in 
                sections 634 and 635 of the Energy Independence and 
                Security Act of 2007 (42 U.S.C. 17213 et al.);
                    (E) vehicle technologies;
                    (F) bioenergy technologies, including biofuels; and
                    (G) building technologies.
            (2) Clean energy manufacturing innovation institute.--In 
        addition to amounts otherwise available, there is appropriated 
        to the Office of Energy Efficiency and Renewable Energy for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, $70,000,000, to remain available until 
        September 30, 2026, to carry out activities to support one new 
        Clean Energy Manufacturing Innovation Institute.
    (c) Nuclear Energy Appropriation.--In addition to amounts otherwise 
available, there is appropriated to the Department of Energy Office of 
Nuclear Energy for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $52,500,000, to remain available until 
September 30, 2026, to carry out the activities of the research reactor 
infrastructure program as authorized in section 954(a) of the Energy 
Policy Act of 2005 (42 U.S.C. 16274(a)).
    (d) Fossil Energy and Carbon Management Appropriation.--In addition 
to amounts otherwise available, there is appropriated to the Department 
of Energy Office of Fossil Energy and Carbon Management for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$10,000,000, to remain available until September 30, 2026, to carry out 
on-site demonstration projects on the reduction of environmental 
impacts of produced water.
    (e) Diversity Support.--In addition to amounts otherwise available, 
there is appropriated to the Department of Energy Office of Economic 
Impact and Diversity for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $20,000,000, to remain available 
until September 30, 2031, except that no amounts may be expended after 
September 30, 2031, to support programs across the Department's 
civilian research, development, demonstration, and commercial 
application activities.
    (f) Oversight.--In addition to amounts otherwise available, there 
is appropriated to the Department of Energy for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $50,000,000, 
to remain available until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, for oversight by the 
Department of Energy Office of Inspector General of the Department of 
Energy activities for which funding is appropriated in this title.

SEC. 90004. ENVIRONMENTAL PROTECTION AGENCY CLIMATE CHANGE RESEARCH AND 
              DEVELOPMENT.

    In addition to amounts otherwise made available, there is 
appropriated to the Environmental Protection Agency for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$264,000,000 to remain available until September 30, 2026, to conduct 
environmental research and development activities related to climate 
change, including related administrative expenses. The amounts made 
available in this section shall be used for the purposes of--
            (1) conducting further research on mitigation of climate 
        forcing emissions, adaptation to reduce the impacts of climate 
        change, and approaches to build resilience to climate change;
            (2) providing increased support for evidence-based regional 
        and community climate adaptation and resilience actions, 
        including development of a grants-based regional climate 
        science network;
            (3) conducting further social science research to upgrade 
        the utilization and efficacy of scientific tools to mitigate, 
        adapt, and build resilience to the impacts of climate change;
            (4) increasing engagement capacity with frontline 
        communities with environmental justice concerns in translating, 
        utilizing, and evaluating scientific research results;
            (5) conducting further research to improve understanding of 
        impacts of decarbonized energy sources compared to existing 
        energy sources, including cumulative impacts of pollution from 
        existing sources;
            (6) conducting further research to improve understanding of 
        the impacts of the transition to decarbonized energy, 
        transportation, and building sectors on frontline communities;
            (7) conducting further research to improve understanding of 
        impacts of climate change, including cumulative impacts of 
        pollution exposure, in communities that face disproportionate 
        impacts from energy transitions; and
            (8) providing increased support to conduct further 
        environmental research and development activities on climate 
        change that the Administrator deems appropriate.

SEC. 90005. FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO 
              FIREFIGHTERS GRANTS.

    In addition to amounts otherwise available, there is appropriated 
to the Federal Emergency Management Agency for Fiscal Year 2022, out of 
any money in the Treasury not otherwise appropriated, to remain 
available until September 30, 2026, $798,000,000, for Assistance to 
Firefighters Grants pursuant to the Federal Fire Prevention and Control 
Act of 1974: Provided, That $718,000,000 of such amount shall be 
available for Assistance to Firefighters Grants for fire and EMS 
department facility construction, upgrades, and modifications, and for 
related administrative expenses: Provided further, That $80,000,000 of 
such amount shall be available for Assistance to Firefighters Grants 
for PFAS-free personal protective equipment and PFAS-free firefighting 
foam, and for related administrative expenses.

SEC. 90006. FIREFIGHTER GRANT OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Homeland Security for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $2,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for oversight by the Department of 
Homeland Security Office of Inspector General of the activities for 
which funding is appropriated in section 90005.

SEC. 90007. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
              INFRASTRUCTURE.

    In addition to amounts otherwise made available, there are 
appropriated to the National Aeronautics and Space Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $4,000,000,000 to remain available until September 30, 
2026, for repair, recapitalization, and modernization of physical 
infrastructure and facilities, including related administrative 
expenses, consistent with the responsibilities authorized under section 
31502 of title 51, United States Code, on maintenance of facilities and 
section 31503 of title 51, United States Code, on laboratory 
productivity.

SEC. 90008. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION CLIMATE 
              CHANGE RESEARCH AND DEVELOPMENT.

    In addition to amounts otherwise made available, there are 
appropriated to the National Aeronautics and Space Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $388,000,000 to remain available until September 30, 
2026, of which $85,000,000 shall be for research and development on 
subseasonal to seasonal models and observations, climate resilience and 
sustainability, and airborne instruments, campaigns, and surface 
networks to understand, observe, and mitigate global climate change and 
its impacts, including related administrative expenses, authorized 
under section 60501 of title 51, United States Code, and research and 
development activities on upper atmospheric research authorized under 
sections 20161, 20163, and 20164 of title 51, United States Code; 
$28,000,000 shall be for investments in data management and processing 
to support research, development, and applications to understand, 
observe, and mitigate the global climate change and its impacts 
consistent with the responsibilities authorized under section 60506 of 
title 51, United States Code; $50,000,000 shall be for research and 
development to support the wildfire community and improve wildfire 
fighting operations, including the Scalable Traffic Management for 
Emergency Response Operations project; and $225,000,000 shall be for 
advancing aeronautics research and development on sustainable aviation, 
including sustainable aviation biofuels, including related 
administrative expenses, consistent with the responsibilities 
authorized under sections 40701 and 40702 of title 51, United States 
Code.

SEC. 90009. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION OVERSIGHT AND 
              CYBERSECURITY.

    In addition to amounts otherwise made available, there are 
appropriated to the National Aeronautics and Space Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $7,000,000, to remain available until September 30, 2031, 
except that no amounts may be expended after September 30, 2031, for 
information technology security and cybersecurity activities for which 
funding is appropriated under sections 90007 and 90008. In addition to 
amounts otherwise made available, there are appropriated to the 
National Aeronautics and Space Administration for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $5,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, for the Office of Inspector 
General to provide oversight over the management of funds appropriated 
under sections 90007 and 90008.

SEC. 90010. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY RESEARCH.

    In addition to amounts otherwise available, there is appropriated 
to the National Institute of Standards and Technology for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$1,195,000,000, to remain available until September 30, 2031, except 
that no amounts may be expended after September 30, 2031, for 
scientific and technical research pursuant to the National Institute of 
Standards and Technology Act, for artificial intelligence (including AI 
safety and control), cybersecurity, quantum information science and 
technology, biotechnology, communications technologies, advanced 
manufacturing, resilience to natural hazards including wildfires, 
greenhouse gas and other climate-related measurement, and for related 
administrative expenses: Provided, That $150,000,000 shall be available 
for cybersecurity research and activities.

SEC. 90011. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SUPPORTING 
              AMERICAN MANUFACTURING.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the National Institute of Standards and Technology 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $2,000,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
of which--
            (1) $1,000,000,000 shall be for the Hollings Manufacturing 
        Extension Partnership as authorized by sections 25 and 26 of 
        the National Institute of Standards and Technology Act (15 
        U.S.C. 278k; 278l), including related administrative expenses;
            (2) $850,000,000 shall be to provide funds, through 
        existing programs, for advanced manufacturing research, 
        development, and testbeds, including related administrative 
        expenses; and
            (3) $150,000,000 shall be for the creation of a new 
        Manufacturing USA Institute that is focused on semiconductor 
        manufacturing.
    (b) Limitation.--Amounts provided under subsection (a)(1) shall not 
be subject to cost share requirements under section 25(e)(2) of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278k(e)(2)). The authority made available pursuant to this preceding 
sentence shall be elective for any Manufacturing Extension Partnership 
Center that also receives funding from a State that is conditioned upon 
the application of a Federal cost sharing requirement.

SEC. 90012. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY RESEARCH 
              FACILITIES.

    In addition to amounts otherwise available, there is appropriated 
to the National Institute of Standards and Technology for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$1,000,000,000, to remain available until September 30, 2031, except 
that no amounts may be expended after September 30, 2031, for necessary 
expenses as authorized by sections 13 through 15 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278c-278e) for 
construction of new research facilities, including architectural and 
engineering design, and for renovation and maintenance of existing 
facilities.

SEC. 90013. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Commerce for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $5,000,000, to remain 
available until September 30, 2031, except that no amounts may be 
expended after September 30, 2031, for oversight by the Department of 
Commerce Office of Inspector General of National Institute of Standards 
and Technology activities for which funding is appropriated in this 
title.

SEC. 90014. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION WEATHER, 
              OCEAN, AND CLIMATE RESEARCH AND FORECASTING.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,240,000,000, to remain available until September 30, 
2026, to carry out the provisions of the Weather Research and 
Forecasting Innovation Act (15 U.S.C. 8501 et seq.), the National 
Integrated Drought Information System Act (15 U.S.C. 313d), the 
National Climate Program Act (15 U.S.C. 2901-2908.), the Harmful Algal 
Bloom and Hypoxia Research and Control Act (33 U.S.C. 4001-4010), the 
Federal Ocean Acidification Research and Monitoring Act (33 U.S.C. 
3701-3708), title III of the America COMPETES Act (33 U.S.C. 893, 893a, 
893b, and 893c), and the Weather Service Organic Act (15 U.S.C. 313 et 
seq.). The amounts in this section shall be used for the purposes of--
            (1) increasing the understanding, and predictive and 
        forecasting capabilities, of weather and climate phenomena 
        including, but not limited to, hurricanes, tornadoes, drought, 
        wildland fires and associated fire weather, extreme 
        precipitation, extreme heat and extreme heat events, flooding, 
        and other severe weather, and their impacts;
            (2) increasing marine research capacity and the 
        understanding of the impacts of climate change on ocean 
        processes and phenomena including, but not limited to, ocean 
        acidification, harmful algal blooms, hypoxia and deoxygenation, 
        sea level change, and ocean warming;
            (3) enhancing weather, ocean, climate, and other 
        environmental observations, research, data, data assimilation, 
        and modeling;
            (4) facilitating successful transition of research into 
        operations and operations to research, including social science 
        for improved decision support services;
            (5) acquiring related high-performance computing, data 
        management, and storage assets; and
            (6) developing, leveraging, and employing new capabilities, 
        technologies and instruments, including dissemination and 
        processing.

SEC. 90015. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CLIMATE 
              ADAPTATION AND RESILIENCE ACTIVITIES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the National Oceanic and Atmospheric Administration 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $765,000,000 to remain available until September 30, 
2026, to carry out the provisions of the National Climate Program Act 
(15 U.S.C. 2901-2908), the Weather Research and Forecasting Innovation 
Act (15 U.S.C. 8501 et seq.), title III of the America COMPETES Act (33 
U.S.C. 893, 893a, 893b, and 893c), the National Integrated Drought 
Information System Act (15 U.S.C. 313d), the Weather Service Organic 
Act (15 U.S.C. 313 et seq.), the Harmful Algal Bloom and Hypoxia 
Research and Control Act (33 U.S.C. 4001-4010), and the Federal Ocean 
Acidification Research and Monitoring Act (33 U.S.C. 3701-3708) to 
develop and distribute actionable climate information for communities 
across all States, territories, and Tribal lands of the United States 
in an equitable manner, to build climate resilience and develop a 
climate-ready workforce.
    (b) Use of Funds.--The amounts made available in subsection (a) 
shall be used for the following activities:
            (1) $265,000,000 to better enable end users, as 
        appropriate, to assess the relative risk of, determine possible 
        adaptation and mitigation strategies for, and make executive 
        and budgetary decisions in response to climate impacts by--
                    (A) increasing end user understanding of the 
                impacts of climate change at the local and regional 
                level;
                    (B) developing actionable climate information and 
                accessible tools and products; and
                    (C) providing end users with technical assistance.
            (2) $500,000,000 to recruit, educate, and train a climate-
        ready workforce to--
                    (A) develop and support on-the-ground community-
                driven projects to enhance climate adaptation and 
                resilience;
                    (B) support community engagement and participation 
                in monitoring, tracking, and preparing for extreme 
                events;
                    (C) support local resilience to climate impacts;
                    (D) conduct community-driven climate science; and
                    (E) enhance the National Oceanic and Atmospheric 
                Administration's delivery of climate information 
                services, tools, and products, including but not 
                limited to those developed in paragraph (1)(B).
    (c) End Users.--For the purposes of this section, the term ``end 
users'' shall include--
            (1) States;
            (2) territories;
            (3) Tribes;
            (4) local governments;
            (5) businesses;
            (6) not-for-profit or other organizations; and
            (7) individuals.
    (d) Extreme Event.--For the purposes of this section, the term 
``extreme event'' refers to a time and place in which weather, climate, 
or environmental conditions, such as temperature, precipitation, 
drought, or flooding, rank above a threshold value near the upper or 
lower ends of the range of historical measurements.

SEC. 90016. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HIGH 
              PERFORMANCE COMPUTING.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $70,000,000 to remain available until September 30, 2026, 
to procure and enhance high performance computing, data management, and 
storage capabilities, and related facilities to enable the National 
Oceanic and Atmospheric Administration to meet its mission 
requirements, including related administrative expenses.

SEC. 90017. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PHASED 
              ARRAY RADAR.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $224,000,000 to remain available until September 30, 
2026, to carry out the provisions of the Weather Research and 
Forecasting Innovation Act (15 U.S.C. 8501 et seq.) for research and 
development activities to advance the understanding of phased array 
radar as a potential future radar technology to improve weather 
forecasts.

SEC. 90018. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION HURRICANE 
              HUNTER AIRCRAFT.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,024,000,000 to remain available until September 30, 
2026, to carry out the provisions of the Weather Research and 
Forecasting Innovation Act (15 U.S.C. 8501 et seq.) for the procurement 
of hurricane hunters and related expenses, and the development and 
acquisition of airborne phased array radar, to prepare for fleet 
readiness by fiscal year 2030.

SEC. 90019. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNCREWED 
              SYSTEMS.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $12,000,000 to remain available until September 30, 2026, 
to support uncrewed systems development and application in support of 
National Oceanic and Atmospheric Administration mission priorities 
including oceanic and atmospheric research and research to operations, 
including related administrative expenses.

SEC. 90020. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION RESEARCH 
              INFRASTRUCTURE.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $743,000,000 to remain available until September 30, 
2026, to conduct deferred maintenance of meteorological, hydrological, 
climatological, and other oceanic and atmospheric research and 
development or operational facilities, and to make improvements to 
scientific equipment and instruments, including related administrative 
expenses.

SEC. 90021. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SPACE 
              WEATHER.

    In addition to amounts otherwise made available, there is 
appropriated to the National Oceanic and Atmospheric Administration for 
fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $173,000,000, to remain available until September 30, 
2026, to carry out the provisions of the Promoting Research and 
Observations of Space Weather to Improve the Forecasting of Tomorrow 
(PROSWIFT) Act (51 U.S.C. 60601 et seq.) by accelerating the 
development and delivery of instruments and spacecraft, and 
prioritizing an independent launch for the Space Weather Next Lagrange 
point 1 mission, including related administrative expenses.

SEC. 90022. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Commerce for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $5,000,000, to remain 
available until September 30, 2026, for oversight by the Department of 
Commerce Office of Inspector General of National Oceanic and 
Atmospheric Administration activities for which funding is appropriated 
in this title.

SEC. 90023. NATIONAL SCIENCE FOUNDATION INFRASTRUCTURE.

    In addition to amounts otherwise available, there is appropriated 
to the National Science Foundation for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $3,430,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, for research-enabling equipment, 
facilities, and infrastructure, including mid-scale research 
infrastructure, Antarctic infrastructure modernization, related Federal 
administrative expenses and additional major research equipment and 
facilities construction projects approved by the National Science Board 
as required under section 14 of the National Science Foundation 
Authorization Act of 2002 (42 U.S.C. 1862n-4): Provided, That 
$1,000,000,000 shall be for activities authorized by title II of Public 
Law 100-570 for academic research facilities modernization, which may 
include shore-side facilities for academic research vessels, of which 
$300,000,000 shall be for academic research facilities modernization at 
historically Black colleges and universities, Hispanic serving 
institutions, Tribal colleges and universities, and other minority 
serving institutions: Provided further, That not less than 20 percent 
of the funds made available in this section shall be for research-
enabling equipment, facilities, and infrastructure projects located in 
a State or territory that is eligible to receive funding from the 
Established Program to Stimulate competitive Research as established 
under section 113 of the National Science Foundation Authorization Act 
of 1988 (42 U.S.C. 1862g).: Provided further, That $25,000,000 shall be 
for the Office of the Chief of Research Security Strategy and Policy 
for research security activities.

SEC. 90024. NATIONAL SCIENCE FOUNDATION RESEARCH AND DEVELOPMENT.

    In addition to amounts otherwise available, there is appropriated 
to the National Science Foundation for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $7,550,000,000, to 
remain available until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, to fund or extend new and 
existing research awards, scholarships, and fellowships across all 
science, technology, engineering, and mathematics (STEM) and STEM 
education disciplines, to fund use-inspired and translational research 
and development awards, entrepreneurial education, and technology 
transfer activities, to extend existing research awards and 
scholarships and fellowships to aid in the recovery from COVID-19 
related disruptions, and for related administrative expenses: Provided, 
That $400,000,000 shall be available for climate change research, 
including relating to wildfires: Provided further, That $700,000,000 
shall be available for research and related activities at historically 
Black colleges and universities, Tribal colleges and universities, 
Hispanic serving institutions, and other minority serving institutions.

SEC. 90025. NATIONAL SCIENCE FOUNDATION OVERSIGHT.

    In addition to amounts otherwise available, there is appropriated 
to the Office of Inspector General of the National Science Foundation 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $50,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after September 30, 2031, 
for oversight, investigations, and audits of programs, grants, and 
projects carried out by the National Science Foundation using funds 
under this title.

SEC. 90026. WAGE RATE REQUIREMENTS.

    (a) In General.--Notwithstanding any other provision of law, all 
laborers and mechanics employed by contractors and subcontractors on 
any project funded directly or assisted in whole or in part by the 
Federal Government pursuant to this title shall be paid wages at rates 
not less than those prevailing on projects of a similar character in 
the locality, as determined by the Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United States Code 
(commonly known as the ``Davis-Bacon Act'').
    (b) Authority.--With respect to the labor standards specified in 
paragraph (1), the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.

SEC. 90027. FORCED LABOR PROHIBITION.

    None of the funds provided in this title may be used in awarding a 
contract, subcontract, grant, or loan to an entity that is listed 
pursuant to section 9(b)(3) of the Uyghur Human Rights Policy Act of 
2020 (Public Law 116-145).

                  TITLE X--COMMITTEE ON SMALL BUSINESS

SEC. 100001. DEFINITIONS.

    In this title--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively; and
            (2) the term ``small business concern'' has the meaning 
        given under section 3 of the Small Business Act (15 U.S.C. 
        632).

  Subtitle A--Increasing Federal Contracting Opportunities for Small 
                               Businesses

SEC. 100101. VETERAN FEDERAL PROCUREMENT ENTREPRENEURSHIP TRAINING 
              PROGRAM.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration, out of any 
money in the Treasury not otherwise appropriated, $5,000,000 for each 
of fiscal years 2022 through 2028 for carrying out subsection (h) of 
section 32 of the Small Business Act (15 U.S.C. 657b), as added by this 
section. Amounts appropriated by this subsection shall remain available 
for 3 fiscal years.
    (b) Establishment.--Section 32 of the Small Business Act (15 U.S.C. 
657b) is amended by adding at the end the following:
    ``(h) Veteran Federal Procurement Entrepreneurship Training 
Program.--The Administrator, acting through the Associate 
Administrator, shall make grants to, or enter into cooperative 
agreements with nonprofit entities to operate a Federal procurement 
entrepreneurship training program to provide assistance to small 
business concerns owned and controlled by veterans regarding how to 
increase the likelihood of being awarded contracts with the Federal 
Government. A grant or cooperative agreement under this subsection--
            ``(1) shall be made to or entered into with nonprofit 
        entities that have a track record of successfully providing 
        educational and job training services to targeted veteran 
        populations from diverse locations;
            ``(2) shall include terms under which the nonprofit 
        entities may, at the discretion of the Administrator, be 
        required to match any Federal funds received for the program 
        with State, local, or private sector funds; and
            ``(3) shall include terms under which the nonprofit 
        entities shall use a diverse group of professional service 
        experts, such as Federal, State, and local contracting experts 
        and private sector industry experts with first-hand experience 
        in Federal Government contracting, to provide assistance to 
        small business concerns owned and controlled by veterans.''.

SEC. 100102. EXPANDING SURETY BOND PROGRAM.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$100,000,000, to remain available until September 30, 2031, for 
additional capital for the fund established under section 412 of the 
Small Business Investment Act of 1958 (15 U.S.C. 694c).
    (b) Expanding Surety Bond Program.--Part B of title IV of the Small 
Business Investment Act of 1958 (15 U.S.C. 694a et seq.) is amended--
            (1) in section 411 (15 U.S.C. 694b)--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A), by striking 
                        ``$6,500,000'' and inserting ``$10,000,000''; 
                        and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
            ``(B) The Administrator may guarantee a surety under 
        subparagraph (A) for a total work order or contract entered 
        into by a Federal agency in an amount that does not exceed 
        $20,000,000.''; and
                    (B) in subsection (e)(2), by striking 
                ``$6,500,000'' and inserting ``the amount described in 
                subparagraph (A) or (B) of subsection (a)(1), as 
                applicable''; and
            (2) in section 412 (15 U.S.C. 694c)--
                    (A) in subsection (a), in the third sentence, by 
                striking ``, excluding administrative expenses,'';
                    (B) by redesignating subsection (b) as subsection 
                (c); and
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) Not more than 15 percent of the amount that is in the fund 
described in subsection (a) on the first day of each fiscal year may be 
obligated during that fiscal year to cover costs incurred by the 
Administration in connection with the management and administration of 
this part, including costs related to information technology and 
systems, personnel, outreach activities, and relevant contracts.''.

SEC. 100103. UPLIFT ACCELERATOR PROGRAM; BUSINESS DEVELOPMENT ACADEMY.

    (a) Uplift Accelerator Program.--
            (1) Appropriations.--
                    (A) In general.--In addition to amounts otherwise 
                available, there is appropriated to the Small Business 
                Administration for fiscal year 2022, out of any money 
                in the Treasury not otherwise appropriated, 
                $1,000,000,000 to remain available until September 30, 
                2031, to carry out subparagraph (K) of section 7(j)(10) 
                of the Small Business Act (15 U.S.C. 636(j)(10)), as 
                added by this subsection; and
                    (B) Set aside.--Of amounts made available under 
                subparagraph (A), not more than 15 percent may be used 
                by the Administrator for administrative expenses and 
                costs related to monitoring and oversight.
            (2) Establishment.--Section 7(j)(10) of the Small Business 
        Act (15 U.S.C. 636(j)(10)) is amended by adding at the end the 
        following:
                    ``(K) Uplift accelerator program.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Accelerator.--The term 
                                `accelerator' means an organization--
                                            ``(aa) that provides 
                                        mentorship and other support to 
                                        growing, startup, and newly 
                                        established small business 
                                        concerns; and
                                            ``(bb) offers startup 
                                        capital or the opportunity to 
                                        raise capital from outside 
                                        investors to growing, startup, 
                                        and newly established small 
                                        business concerns.
                                    ``(II) Eligible entity.--The term 
                                `eligible entity' means--
                                            ``(aa) a historically black 
                                        college or university;
                                            ``(bb) an institution of 
                                        higher education, as defined in 
                                        section 101 of the Higher 
                                        Education Act of 1965, which 
                                        primarily educates students who 
                                        are Black or African American, 
                                        Hispanic or Latino, American 
                                        Indian, Alaska Native, Asian, 
                                        Native Hawaiian, or other 
                                        Pacific Islander; or
                                            ``(cc) a junior or 
                                        community college, as defined 
                                        in section 312 of the Higher 
                                        Education Act of 1965.
                                    ``(III) Eligible small business 
                                concern.--The term `eligible small 
                                business concern' means a small 
                                business concern--
                                            ``(aa) located in a 
                                        HUBZone, as defined in section 
                                        31(b);
                                            ``(bb) owned and controlled 
                                        by a resident of a low-income 
                                        community, as defined in 
                                        section 45D(e) of the Internal 
                                        Revenue Code of 1986;
                                            ``(cc) owned and controlled 
                                        by a resident of a low-income 
                                        rural community;
                                            ``(dd) owned and controlled 
                                        by a member of an Indian or 
                                        Alaska Native tribe, band, 
                                        nation, pueblo, village, 
                                        community, component band, or 
                                        component reservation, 
                                        individually identified 
                                        (including parenthetically) in 
                                        the most recent list published 
                                        pursuant to section 104 of the 
                                        Federally Recognized Indian 
                                        Tribe List Act of 1994;
                                            ``(ee) owned and controlled 
                                        by a Native Entity;
                                            ``(ff) owned and controlled 
                                        by an individual with a 
                                        disability, as defined in 
                                        section 3 of the Americans with 
                                        Disabilities Act of 1990; or
                                            ``(gg) otherwise identified 
                                        by the Administrator.
                                    ``(IV) Historically black college 
                                or university.--The term `historically 
                                black college or university' means a 
                                `part B institution', as defined under 
                                section 322 of the Higher Education Act 
                                of 1965.
                                    ``(V) Incubator.--The term 
                                `incubator' means an organization--
                                            ``(aa) that provides 
                                        mentorship and other support to 
                                        growing, startup, and 
                                        established small business 
                                        concerns; and
                                            ``(bb) that may provide a 
                                        co-working environment or a 
                                        month-to-month lease program.
                                    ``(VI) Native entity.--The term 
                                `Native Entity' means--
                                            ``(aa) an Indian tribe, 
                                        including an Alaska Native 
                                        village or Regional or Village 
                                        Corporation, as defined in 
                                        section 4 of the Indian Self-
                                        Determination and Education 
                                        Assistance Act; and
                                            ``(bb) a Native Hawaiian 
                                        organization, as that term is 
                                        defined in section 6207 of the 
                                        Elementary and Secondary 
                                        Education Act of 1965.
                            ``(ii) Use of funds.--The Administrator is 
                        authorized to establish a competitive grant 
                        program to make grants to eligible entities to 
                        establish accelerators or incubators to support 
                        eligible small business concerns in 
                        developing--
                                    ``(I) business readiness, including 
                                by providing services such as 
                                accounting, organization, human 
                                resources, and legal assistance;
                                    ``(II) growth readiness, including 
                                assistance to build past performance 
                                and relationships with prime 
                                contractors;
                                    ``(III) readiness to submit bids 
                                for prime contracts, including 
                                assistance in developing skills, 
                                conducting market research, and 
                                drafting capability statements and 
                                proposals; or
                                    ``(IV) global readiness, including 
                                assistance in establishing long-term, 
                                additional revenue streams outside of 
                                the United States.
                            ``(iii) Acquisition authorities.--The 
                        Administrator shall identify acquisition 
                        authorities under which eligible small business 
                        concerns assisted under this subparagraph may 
                        enter into contracts or agreements with Federal 
                        agencies.
                            ``(iv) Amount.--During the period beginning 
                        on the date of the enactment of this 
                        subparagraph and ending not later than 10 years 
                        after such date, the Administrator shall award 
                        not more than an aggregate total of 
                        $1,000,000,000 in grants to eligible entities 
                        under this subparagraph.''.
    (b) Business Development Academy.--
            (1) Appropriations.--
                    (A) In general.--In addition to amounts otherwise 
                available, there is appropriated to the Small Business 
                Administration for fiscal year 2022, out of any money 
                in the Treasury not otherwise appropriated, 
                $725,000,000 to remain available until September 30, 
                2031, to carry out subparagraph (L) of section 7(j)(10) 
                of the Small Business Act (15 U.S.C. 636(j)(10)), as 
                added by this subsection.
                    (B) Set aside.--Of amounts made available under 
                subparagraph (A), not more than 15 percent may be used 
                by the Administrator for administrative expenses and 
                costs related to monitoring and oversight.
            (2) Establishment.--Section 7(j)(10) of the Small Business 
        Act (15 U.S.C. 636(j)(10)), as amended by subsection (a), is 
        further amended by adding at the end the following:
                    ``(L) Business development academy.--
                            ``(i) Definition of eligible entity.--In 
                        this paragraph, the term `eligible entity' has 
                        the meaning given in subparagraph (K)(i).
                            ``(ii) Use of funds.--The Administrator is 
                        authorized to establish a competitive grant 
                        program to make grants to eligible entities to 
                        support Program Participants.
                            ``(iii) Duties of eligible entities.--An 
                        eligible entity that receives a grant under 
                        this subparagraph shall use such grant to--
                                    ``(I) develop and establish a 
                                foundational 12-month executive 
                                mentoring and training program for 
                                small business concerns described in 
                                clause (ii);
                                    ``(II) recruit and enroll 
                                participants in the program described 
                                in subclause (I), including by 
                                providing incentives for participation;
                                    ``(III) develop certification 
                                programs for eligible entities based on 
                                proven best practices of the 
                                Administration; and
                                    ``(IV) conduct research into the 
                                effectiveness of the program described 
                                in clause (iv)(I).
                            ``(iv) Amount.--During the period beginning 
                        on the date of the enactment of this 
                        subparagraph and ending not later than 10 years 
                        after such date, the Administrator shall award 
                        not more than an aggregate total of 
                        $725,000,000 in grants to eligible entities 
                        under this subparagraph.''.

SEC. 100104. PATHWAY TO PRIME GRANT PROGRAM.

    (a) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, to remain available until 
        September 30, 2031--
                    (A) $75,000,000 to carry out subsection (b)(1) of 
                section 49 of the Small Business Act, as added by 
                subsection (b); and
                    (B) $450,000,000 to carry out subsection (b)(2) of 
                section 49 of the Small Business Act, as added by 
                subsection (b).
            (2) Set aside.--Of the amount made available to carry out 
        this section for any fiscal year, not more than 15 percent may 
        be used by the Administrator for administrative expenses.
    (b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.) 
is amended--
            (1) by redesignating section 49 (15 U.S.C. 631 note) as 
        section 55; and
            (2) by inserting after section 48 the following:

``SEC. 49. PATHWAY TO PRIME GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a historically black college or university; 
                or
                    ``(B) an institution of higher education, as 
                defined in section 101 of the Higher Education Act of 
                1965, which primarily educates students who are Black 
                or African American, Hispanic or Latino, American 
                Indian, Alaska Native, Asian, Native Hawaiian, or other 
                Pacific Islander.
            ``(2) Historically black college or university.--The term 
        `historically black college or university' has the meaning 
        given the term `part B institution' under section 322 of the 
        Higher Education Act of 1965.
            ``(3) Pathway firm.--The term `pathway firm' means a small 
        business concern that is--
                    ``(A) a subcontractor of the Federal Government;
                    ``(B) a contractor or subcontractor of a State, 
                local, or tribal government, including such contractor 
                or subcontractor for a project funded by the CARES Act 
                (Public Law 116-136), the American Rescue Plan Act of 
                2021 (Public Law 117-2), or an Act providing funds for 
                infrastructure that is enacted during the 117th 
                Congress (as determined by the Administrator).
    ``(b) Establishment.--The Administrator shall establish a program 
to assist pathway firms to become prime contractors of the Federal 
Government by--
            ``(1) making competitive grants to eligible entities to 
        establish a national contracting and subcontracting network and 
        database of pathway firms and grantees under paragraph (2) to 
        track and connect pathway firms with Federal prime contracting 
        opportunities based on the record of the pathway firm in 
        competing for and obtaining--
                    ``(A) prime contracts or contracts with Federal, 
                State, local, or tribal governments;
                    ``(B) subcontracts with Federal prime contractors; 
                and
                    ``(C) subcontracts from State, local, or tribal 
                governments participating in projects funded by the 
                CARES Act (Public Law 116-136), the American Rescue 
                Plan Act of 2021 (Public Law 117-2), or an Act 
                providing funds for infrastructure that is enacted 
                during the 117th Congress (as determined by the 
                Administrator; and
            ``(2) making competitive grants to not fewer than 20 State 
        or local governments or federally recognized Tribal governments 
        to--
                    ``(A) participate in the national small business 
                contracting network established in paragraph (1); and
                    ``(B) assist pathway firms within the geographic 
                regions served by those governments.
    ``(c) Use of Funds.--A recipient of a grant made under this section 
shall--
            ``(1) provide resources to enable pathway firms to gain the 
        experience and capabilities necessary to compete for and obtain 
        prime contracts;
            ``(2) facilitate engagement between pathway firms and 
        Federal, State, local, or tribal governments;
            ``(3) work with the Administration to ensure that prime 
        contractors with subcontracting plans under section 8(d) meet 
        the requirements of those plans;
            ``(4) work with the Administration to maximize 
        opportunities for small business concerns to obtaining 
        subcontracts from State, local, or tribal governments 
        participating in projects funded by the CARES Act (Public Law 
        116-136), the American Rescue Plan Act of 2021 (Public Law 117-
        2), or an Act providing funds for infrastructure that is 
        enacted during the 117th Congress (as determined by the 
        Administrator); and
            ``(5) make publicly available data to advocate for best 
        practices and policies that promote small business concerns as 
        prime contractors of the Federal Government.''.

    Subtitle B--Empowering Small Business Creation and Expansion in 
                      Underrepresented Communities

SEC. 100201. GRANTS FOR BUSINESS INCUBATORS.

    (a) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $1,000,000,000, to remain 
        available until September 30, 2031, for carrying out section 50 
        of the Small Business Act, as added by subsection (b).
            (2) Set aside.--Of the amounts made available under this 
        subsection for a fiscal year, not more than 15 percent shall be 
        available for administrative expenses and costs related to 
        monitoring and oversight.
    (b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.) 
is amended by inserting after section 49, as added by section 10104, 
the following:

``SEC. 50. GRANTS FOR BUSINESS INCUBATORS.

    ``(a) Definitions.--In this section:
            ``(1) Business incubator.--The term `business incubator' 
        means an organization that--
                    ``(A) provides resources, which may include 
                physical workspace and facilities, to startups and 
                established small business concerns;
                    ``(B) is designed to accelerate the growth and 
                success of small business concerns through a variety of 
                business support resources and services, including--
                            ``(i) access to capital, business 
                        education, and counseling;
                            ``(ii) networking opportunities;
                            ``(iii) mentorship opportunities; and
                            ``(iv) other services intended to aid in 
                        developing a business.
            ``(2) Economic development organization.--The term 
        `economic development organization'--
                    ``(A) means a regional, State, tribal, or local 
                private nonprofit organization established for purposes 
                of promoting or otherwise facilitating economic 
                development; and
                    ``(B) includes community financial institutions, as 
                defined in section 7(a)(36)(A).
            ``(3) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) an economic development organization;
                    ``(B) an eligible entity, as defined in section 
                7(j)(10)(K)(i)(II);
                    ``(C) an SBA partner organization; or
                    ``(D) any entity that provides support to startups 
                and small business concerns, as determined by the 
                Administrator.
            ``(4) Eligible small business concern.--The term `eligible 
        small business concern' means a business concern that--
                    ``(A) is organized or incorporated in the United 
                States;
                    ``(B) is operating primarily in the United States;
                    ``(C) meets--
                            ``(i) the applicable industry-based size 
                        standard established under section 3; or
                            ``(ii) the alternate size standard 
                        applicable to the program under section 7(a) or 
                        the loan programs under title V of the Small 
                        Business Investment Act of 1958;
                    ``(D) is in the planning stages or has been in 
                business for not more than 5 years as of the date on 
                which assistance under this section commences; and
                    ``(E) is--
                            ``(i) owned and controlled by 1 or more 
                        members of an underrepresented community; or
                            ``(ii) a Native Entity, as defined in 
                        section 7(j)(10)(K)(i).
            ``(5) Member of an underrepresented community.--The term 
        `member of an underrepresented community' means an individual 
        who is--
                    ``(A) a resident of--
                            ``(i) a low-income community, as defined in 
                        section 45D(e) of the Internal Revenue Code of 
                        1986;
                            ``(ii) a low-income rural community; or
                            ``(iii) a HUBZone, as defined in section 
                        31(b);
                    ``(B) a member of an Indian or Alaska Native tribe, 
                band, nation, pueblo, village, community, component 
                band, or component reservation, individually identified 
                (including parenthetically) in the most recent list 
                published pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994;
                    ``(C) an individual with a disability, as defined 
                in section 3 of the Americans with Disabilities Act of 
                1990;
                    ``(D) a veteran;
                    ``(E) an individual who completed a term of 
                imprisonment; or
                    ``(F) otherwise identified by the Administrator.
            ``(6) SBA partner organization.--The term `SBA partner 
        organization' means any organization awarded financial 
        assistance in the form of a grant, cooperative agreement, or 
        contract for the purpose of conducting a public project funded, 
        either in whole or in part, under a program of the 
        Administration.
    ``(b) Authority.--The Administrator may provide financial 
assistance on a competitive basis in the form of a grant, prize, 
cooperative agreement, or contract for an eligible applicant to provide 
the services of a business incubator to eligible small business 
concerns.
    ``(c) Use of Funds.--An eligible applicant that receives assistance 
under this section shall support areas that serve members of an 
underrepresented community and provide services that shall--
            ``(1) be carried out in such areas as to provide maximum 
        accessibility and benefits to the eligible small business 
        concerns that the project is intended to serve; and
            ``(2) not impose or otherwise collect a fee or other 
        compensation from eligible small business concerns in 
        connection with such services.
    ``(d) One or More Business Incubators.--An eligible applicant that 
receives financial assistance under this section may share such 
assistance among one or more business incubators to expand access to 
resources, information, and best practices.
    ``(e) Award Amount.--An award of financial assistance under this 
section shall be for not more than $1,250,000 for each fiscal year for 
which the award is granted.
    ``(f) Penalties for Failure to Abide by Terms or Conditions of 
Award.--At the discretion of the Administrator and in addition to any 
other civil or criminal consequences, the Administrator shall withhold 
payments to an eligible applicant or order the eligible applicant to 
return any assistance provided under this section for failure to abide 
by the terms and conditions of such assistance.''.

SEC. 100202. OFFICE OF NATIVE AMERICAN AFFAIRS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration, out of any 
money in the Treasury not otherwise appropriated, $2,000,000 for each 
of fiscal years 2022 through 2031 for carrying out section 51 of the 
Small Business Act, as added by subsection (b). Amounts appropriated by 
this subsection shall remain available until September 30, 2031.
    (b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.) 
is amended by inserting after section 50, as added by section 10201 of 
this title, the following:

``SEC. 51. OFFICE OF NATIVE AMERICAN AFFAIRS.

    ``(a) Definitions.--In this section:
            ``(1) Indian tribe.--The term `Indian Tribe' has the 
        meaning given in section 4 of the Indian Self-Determination and 
        Education Assistance Act.
            ``(2) Native american.--The term `Native American' means a 
        member of an Indian Tribe.
            ``(3) Native hawaiian organization.--The term `Native 
        Hawaiian Organization' has the meaning given in section 6207 of 
        the Elementary and Secondary Education Act of 1965.
            ``(4) Resource partners.--The term `resource partners' 
        means--
                    ``(A) small business development centers;
                    ``(B) women's business centers described in section 
                29;
                    ``(C) chapters of the Service Corps of Retired 
                Executives established under section 8(b)(1)(B); and
                    ``(D) Veteran Business Outreach Centers described 
                in section 32.
    ``(b) Establishment.--There is established in the Administration an 
Office of Native American Affairs, in this section referred to as the 
`Office', which shall provide entrepreneurship outreach and development 
assistance to Native Americans, Native Hawaiian Organizations and 
members thereof, and Indian Tribes, through the Native American 
Outreach Program established under subsection (c).
    ``(c) Native American Outreach Program.--
            ``(1) Establishment.--The Administrator shall establish and 
        administer a Native American Outreach Program within the 
        Office--
                    ``(A) to ensure that small business concerns owned 
                and controlled by Native Americans, Native Hawaiian 
                Organizations, and Indian Tribes, and Native American 
                entrepreneurs have access to programs and services of 
                the Administration;
                    ``(B) to provide information to State, local, and 
                tribal governments and other interested persons about 
                Federal assistance available to small business concerns 
                owned and controlled by Native Americans, Native 
                Hawaiian Organizations, and Indian Tribes, and Native 
                American entrepreneurs; and
                    ``(C) to ensure access to in-person and virtual 
                counseling and training services to small business 
                concerns owned and controlled by Native Americans, 
                Native Hawaiian Organizations, and Indian Tribes, and 
                Native American entrepreneurs.
            ``(2) Services.--The services described in paragraph (1) 
        shall include--
                    ``(A) financial education on applying for and 
                securing credit, loan guarantees, surety bonds, and 
                investment capital, managing financial operations, and 
                preparing and presenting financial statements and 
                business plans;
                    ``(B) education on management of a small business 
                concern, including planning, organizing, staffing, and 
                marketing;
                    ``(C) identifying domestic and international market 
                opportunities; and
                    ``(D) implementing economic and business 
                development strategies to improve long-term job 
                growth.''.

SEC. 100203. OFFICE OF RURAL AFFAIRS.

    (a) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration, out of any money in the Treasury not otherwise 
        appropriated, $2,000,000 for each of fiscal years 2022 through 
        2031 for carrying out this section. Amounts appropriated by 
        this subsection shall remain available until September 30, 
        2031.
            (2) Set aside.--Of the amounts made available under this 
        subsection for a fiscal year, not more than 15 percent shall be 
        available for administrative expenses related to carrying out 
        this section.
    (b) Office of Rural Affairs.--Section 26 of the Small Business Act 
(15 U.S.C. 653) is amended by adding at the end the following:
    ``(d) Rural Small Business Conferences.--
            ``(1) In general.--The Office shall administer 1 or more 
        annual Rural Small Business Conferences, to be held in various 
        regions of the United States. The purpose of such Conferences 
        shall be to--
                    ``(A) promote policies and programs of the 
                Administration specific to small business concerns 
                located in rural areas, and make publicly available 
                information about such policies and programs;
                    ``(B) coordinate with all offices of the 
                Administration, resource partners, lenders, and other 
                interested persons to ensure that the needs of small 
                business concerns located in rural area are being met; 
                and
                    ``(C) analyze data on the effectiveness of programs 
                of the Administration that benefit small business 
                concerns located in rural areas.''.

SEC. 100204. OFFICE OF EMERGING MARKETS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration, out of any 
money in the Treasury not otherwise appropriated, $2,000,000 for each 
of fiscal years 2022 through 2031 for carrying out subsection (o) of 
section 7 of the Small Business Act (15 U.S.C. 636), as added by 
subsection (b). Amounts appropriated by this subsection shall remain 
available until September 30, 2031.
    (b) Establishment.--Section 7 of the Small Business Act (15 U.S.C. 
636) is amended by adding at the end the following:
    ``(o) Office of Emerging Markets.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `Director' means the Director of the 
                Office of Emerging Markets;
                    ``(B) the term `microloan program' means the 
                program described in subsection (m);
                    ``(C) the term `small business concern in an 
                emerging market' means a small business concern--
                            ``(i) that is located in--
                                    ``(I) a low-income or moderate-
                                income area for purposes of the 
                                Community Development Block Grant 
                                Program under title I of the Housing 
                                and Community Development Act of 1974; 
                                or
                                    ``(II) a HUBZone, as that term is 
                                defined in section 31(b);
                            ``(ii) that is growing, newly established, 
                        or a startup;
                            ``(iii) owned and controlled by veterans;
                            ``(iv) owned and controlled by individuals 
                        with a disability, as defined in section 3 of 
                        the Americans with Disabilities Act of 1990; or
                            ``(v) owned and controlled by other 
                        individuals or groups identified by the 
                        Administrator.
            ``(2) Establishment.--There is established within the 
        Office of Capital Access of the Administration an office to be 
        known as the `Office of Emerging Markets', which shall be 
        responsible for the planning, coordination, implementation, 
        evaluation, and improvement of the efforts of the Administrator 
        to enhance the economic well-being of small business concerns 
        in an emerging market.
            ``(3) Administration.--The Office of Emerging Markets shall 
        be administered by a Director, who shall--
                    ``(A) create and implement strategies and programs 
                that provide an integrated approach to the development 
                of small business concerns in an emerging market;
                    ``(B) review the effectiveness and impact of access 
                to capital programs (including the microloan program) 
                of the Administration and recommend policies on such 
                programs with respect to small business concerns in an 
                emerging market;
                    ``(C) coordinate with the Office of Entrepreneurial 
                Development and the Office of Veterans Business 
                Development of the Administration to establish 
                partnerships to advance the goal of improving the 
                economic success of small business concerns in an 
                emerging market;
                    ``(D) consult with the Associate Administrator of 
                the Office of Field Operations; and
                    ``(E) coordinate the activities of--
                            ``(i) the SBIC Working Group established 
                        under section 10404 of the Act to provide for 
                        reconciliation pursuant to title II of S. Con. 
                        Res. 14;
                            ``(ii) the Office of Native American 
                        Affairs established under section 51; and
                            ``(iii) the Office of Rural Affairs 
                        established under section 26.''.

SEC. 100205. STATE TRADE EXPANSION PROGRAM.

    In addition to amounts otherwise available, there is appropriated 
to the Small Business Administration, out of any money in the Treasury 
not otherwise appropriated, $30,000,000 for each of fiscal years 2022 
through 2025 for carrying out section 22(l) of the Small Business Act 
(15 U.S.C. 649(l)). Amounts appropriated by this subsection shall 
remain available for 3 fiscal years.

    Subtitle C--Encouraging Small Businesses to Fully Engage in the 
                           Innovation Economy

SEC. 100301. GROWTH ACCELERATOR COMPETITION.

    (a) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $400,000,000, to remain 
        available until September 30, 2031, for carrying out section 52 
        of the Small Business Act, as added by subsection (b).
            (2) Set aside.--Of the amounts made available under this 
        subsection for a fiscal year, not more than 5 percent shall be 
        available for administrative expenses related to carrying out 
        this section.
    (b) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is 
amended by inserting after section 51, as added by section 10202 of 
this title, the following:

``SEC. 52. GROWTH ACCELERATOR COMPETITION.

    ``(a) Definitions.--In this section:
            ``(1) Award.--The term `award' means a grant, prize, 
        contract, cooperative agreement, or other cash or cash 
        equivalent (as determined by the Administrator).
            ``(2) Disability.--The term `disability' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) an eligible entity, as defined in section 49; 
                or
                    ``(B) an organization that is a growth accelerator 
                located in the United States.
            ``(4) Growth accelerator.--The term `growth accelerator' 
        means an organization that--
                    ``(A) supports new small business concerns that 
                have a focus on technology, research, and development;
                    ``(B) frequently provides, but is not exclusively 
                designed to provide, seed investment in exchange for a 
                small amount of equity;
                    ``(C) works with a new small business concern for a 
                predetermined amount of time;
                    ``(D) provides mentorship and instruction to small 
                business concerns to scale businesses; or
                    ``(E) offers startup capital or the opportunity to 
                raise capital from outside investors.
            ``(5) New small business concern.--The term `new small 
        business concern' means a small business concern that has been 
        in operation for not more than 5 years.
    ``(b) Establishment.--The Administrator shall make competitive 
awards of not less than $100,000 to eligible entities to accelerate the 
growth of new small business concerns by providing--
            ``(1) assistance to small business concerns with accessing 
        capital and finding mentors and networking opportunities; and
            ``(2) advice to small business concerns, including advising 
        on market analysis, company strategy, revenue growth, 
        commercialization, and securing funding.
    ``(c) Use of Funds.--An award under this section--
            ``(1) may be used by an eligible entity for construction 
        costs, acquisition of physical workspace and facilities, and 
        programmatic purposes to benefit new small business concerns; 
        and
            ``(2) may not be used by an eligible entity to provide 
        capital to new small business concerns directly or through the 
        subaward of funds.
    ``(d) Application.--In making awards under this section, the 
Administrator shall establish an application process and selection 
criteria, which shall include--
            ``(1) assurances that the eligible entity will use such 
        award to provide assistance for not less than 5 new small 
        business concerns each year;
            ``(2) if located within 20 miles of a minority serving 
        institution, proof of a referral or programmatic relationship 
        between the eligible entity and such institution;
            ``(3) an assessment of the need for additional assistance 
        for new small business concerns in the geographic area to be 
        served by the eligible entity; and
            ``(4) other criteria, as determined by the Administrator.
    ``(e) Penalties for Failure to Abide by Terms or Conditions of 
Award.--At the discretion of the Administrator and in addition to any 
other civil or criminal consequences, the Administrator shall withhold 
payments to an eligible entity or order the eligible entity to return 
an award made under this section for failure to abide by the terms and 
conditions of the award.''.

SEC. 100302. BUILDING A NATIONAL INNOVATION SUPPORT ECOSYSTEM NETWORK.

    (a) Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, to remain available until 
        September 30, 2031, for carrying out this section--
                    (A) $525,000,000 to carry out subsection (c)(1) of 
                this section; and
                    (B) $150,000,000 to carry out subsection (c)(2) of 
                this section.
            (2) Set aside.--Of the amounts made available under 
        paragraph (1)(A) of this subsection for a fiscal year, not more 
        than 5 percent shall be available for administrative expenses 
        related to carrying out this section.
    (b) Definitions.--In this section:
            (1) Business incubator.--The term ``business incubator'' 
        means an organization that--
                    (A) provides resources, which may include physical 
                workspace and facilities, to startups and established 
                small business concerns; and
                    (B) is designed to accelerate the growth and 
                success of businesses through a variety of business 
                support resources and services, including--
                            (i) access to capital, business education, 
                        and counseling;
                            (ii) networking opportunities;
                            (iii) mentorship opportunities; and
                            (iv) other services intended to aid in 
                        developing a business.
            (2) Economic development organization.--The term ``economic 
        development organization'' means a regional, State, tribal, or 
        local organization established for purposes of promoting or 
        otherwise facilitating economic development.
            (3) Eligible applicant.--The term ``eligible applicant'' 
        means--
                    (A) an economic development organization;
                    (B) an eligible entity, as defined in section 
                7(j)(10)(K)(i) of the Small Business Act, as added by 
                section 100103;
                    (C) a business incubator;
                    (D) a growth accelerator;
                    (E) an SBA partner organization, as defined in 
                section 50 of the Small Business Act (as added by 
                section 10201 of this title); or
                    (F) any combination or collaboration of the 
                entities described in subparagraphs (A) through (E).
            (4) Eligible business.--The term ``eligible business'' 
        means any innovative startup seeking to--
                    (A) participate in the SBIR and STTR programs 
                described in section 9 of the Small Business Act (15 
                U.S.C. 638); or
                    (B) otherwise develop, through research and 
                development, or commercialize advanced technologies.
            (5) Growth accelerator.--The term ``growth accelerator'' 
        has the meaning given the term in section 52 of the Small 
        Business Act, as added by section 10301 of this title.
            (6) Innovative startup.--The term ``innovative startup'' 
        means a science, technology, engineering, and math entrepreneur 
        or small business concern that--
                    (A) was founded or commenced a trade or business 
                not earlier than 5 years before receiving assistance 
                under this section; and
                    (B) has a primary focus on the development or 
                commercialization of advanced technologies.
            (7) Member of an underrepresented community.--The term 
        ``member of an underrepresented community'' has the meaning 
        given in section 50 of the Small Business Act, as added by 
        section 10201 of this title.
    (c) Establishment.--The Administrator shall--
            (1) make grants or award prizes to, or enter into contracts 
        or cooperative agreements with, eligible applicants to address 
        the training, proposal development, mentoring, partnering, 
        coordinating, networking, customer discovery, and business 
        incubator and growth accelerator needs of eligible businesses 
        to expand and accelerate the growth of eligible businesses; and
            (2) facilitate fellowships and internships in the fields of 
        science, technology, engineering, and mathematics, prioritizing 
        members of an underrepresented community through partnerships 
        with or supplemental grants or awards to provide opportunities 
        at the undergraduate, graduate, and postdoctoral levels.

  Subtitle D--Increasing Equity Opportunities for Small Manufacturers

SEC. 100401. INCREASING EQUITY INVESTMENT BY THE SBIC PROGRAM.

    (a) Venture Small Business Investment Company Facility.--
            (1) Appropriations.--In addition to amounts otherwise 
        available, there is appropriated to the Administration for 
        fiscal year 2022, out of any money in the Treasury not 
        otherwise appropriated, to remain available until September 30, 
        2031, $9,500,000,000, to be deposited into the facility 
        established under section 321 of the Small Business Investment 
        Act of 1958, as added by paragraph (2).
            (2) Establishment.--The Small Business Investment Act of 
        1958 (15 U.S.C. 661 et seq.) is amended--
                    (A) in section 103 (15 U.S.C. 662)--
                            (i) in paragraph (9)(B)(iii)--
                                    (I) in subclause (II), by striking 
                                ``and'' at the end;
                                    (II) in subclause (III), by adding 
                                ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                                    ``(IV) funds obtained from any 
                                financial institution identified under 
                                section 302(b);''; and
                            (ii) in paragraph (10)--
                                    (I) in subparagraph (A), by adding 
                                ``and'' at the end; and
                                    (II) by striking subparagraphs (B) 
                                and (C) and inserting the following:
                    ``(B) partnership interests purchased by the 
                Administration, as described in section 321.'';
                    (B) in section 302(a)(1) (15 U.S.C. 682(a)(1))--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) $20,000,000, adjusted every 5 years for 
                inflation, with respect to each licensee participating 
                in the facility under section 321.'';
                    (C) in section 303(b)(2)(B) (15 U.S.C. 
                683(b)(2)(B)), by striking ``$350,000,000'' and 
                inserting ``$400,000,000''; and
                    (D) in section 304--
    ``(e) Notwithstanding section 310(c)(6), a licensee under section 
321 may, subject to regulations to be issued by the Administration, 
invest equity capital in investment funds which--
            ``(1) are majority controlled by members of an 
        underrepresented community (as defined in section 50 of the 
        Small Business Act);
            ``(2) receive annual assistance provided by such licensee; 
        or
            ``(3) meet additional criteria as determined by the 
        Administration.''; and
                    (E) by adding at the end the following:

``SEC. 321. VENTURE SMALL BUSINESS INVESTMENT COMPANY FACILITY.

    ``(a) Definitions.--In this section:
            ``(1) Covered investments.--The term `covered investments' 
        means investments in--
                    ``(A) infrastructure, including--
                            ``(i) roads, bridges, and mass transit;
                            ``(ii) water supply and sewer;
                            ``(iii) the electrical grid;
                            ``(iv) broadband and telecommunications;
                            ``(v) clean energy; or
                            ``(vi) child care and elder care;
                    ``(B) manufacturing;
                    ``(C) low-income communities, as that term is 
                defined in section 45D(e) of the Internal Revenue Code 
                of 1986;
                    ``(D) HUBZones, as defined in section 31(b) of the 
                Small Business Act;
                    ``(E) small business concerns owned and controlled 
                by a member of an Indian tribe individually identified 
                (including parenthetically) in the most recent list 
                published pursuant to section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994;
                    ``(F) small business concerns owned and controlled 
                by an individual with a disability, as defined in 
                section 3 of the Americans with Disabilities Act of 
                1990;
                    ``(G) small business concerns owned and controlled 
                by a veteran; or
                    ``(H) small business concerns identified by the 
                Administrator as critical.
            ``(2) Facility.--The term `facility' means the facility 
        established under subsection (b).
            ``(3) Partnership interest.--The term `partnership 
        interest' means a limited partnership equity interest in a 
        licensee purchased and held by the Administration under this 
        section.
            ``(4) Venture small business investment company.--The term 
        `venture small business investment company' means a private 
        equity fund--
                    ``(A) that makes early-stage venture capital 
                investments in small business concerns approved to 
                participate in the facility by the Administration; and
                    ``(B) for which 75 percent of total financings 
                shall be invested in covered investments, of which not 
                more than 33 percent of such investments are in small 
                business concerns in infrastructure or manufacturing.
    ``(b) Establishment and Administration of Facility.--
            ``(1) In general.--The Administrator shall establish and 
        carry out a facility to purchase partnership interests from 
        venture small business investment companies.
            ``(2) Administration.--The facility shall be administered 
        by the Administrator acting through the Associate Administrator 
        described in section 201.
            ``(3) Use of amounts.--The Administrator shall use amounts 
        deposited in the facility to purchase partnership interests 
        from venture small business investment companies.
            ``(4) Bifurcation.--Losses to the Administration under this 
        section--
                    ``(A) shall not be offset by fees or any other 
                charges on licenses not authorized by the 
                Administration;
                    ``(B) shall be borne solely by the facility; and
                    ``(C) shall not be included in the calculation of 
                the subsidy rate under section 303(j).
    ``(c) Licensing Matters.--
            ``(1) In general.--A venture small business investment 
        company shall be licensed under section 301(c) and approved by 
        the Administrator to issue partnership interests.
            ``(2) Consideration.--In issuing a license under paragraph 
        (1), the Administrator shall take into consideration investment 
        risk through criteria set by the Administrator.
    ``(d) Required Investments.--
            ``(1) In general.--Except as described in paragraph (2), a 
        venture small business investment company shall invest solely 
        in small business concerns.
            ``(2) Exception and waiver.--Notwithstanding section 
        310(c)(6) and subject to rules issued by the Administrator, a 
        venture small business investment company may invest equity 
        capital in venture capital funds if--
                    ``(A) such venture capital funds are majority 
                controlled by underrepresented individuals;
                    ``(B) not less than 50 percent of total capital of 
                each such venture capital fund is invested in covered 
                investments; and
                    ``(C) the venture small business investment company 
                provides annual assistance to the venture capital fund.
    ``(e) Partnership Interests.--
            ``(1) In general.--The Administrator may, out of amounts 
        available in the facility, purchase partnership interests as 
        described in this subsection.
            ``(2) Issuance and purchase of partnership interests.--
                    ``(A) In general.--The Administrator may purchase 
                venture equity securities issued by a venture small 
                business investment company in an amount that does not 
                exceed the lesser of 100 percent of the private capital 
                of the venture small business investment company or a 
                lesser amount to be determined by the Administrator.
            ``(3) Partnership interest terms.--A partnership interest 
        purchased by the Administrator from a venture small business 
        investment company under this subsection shall be subject to 
        such restrictions and limitations as the Administrator may 
        determine.''.
    (b) Emerging Managers Program.--
            (1) Appropriations.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $20,000,000, to remain 
        available until September 30, 2031, for carrying out this 
        subsection.
            (2) Establishment.--The Small Business Investment Act of 
        1958 (15 U.S.C. 661 et seq.), as amended by subsection (a), is 
        further amended by adding at the end the following:

``SEC. 322. EMERGING MANAGERS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Covered investments.--The term `covered investments' 
        has the meaning given in section 321.
            ``(2) Emerging manager company.--The term `emerging manager 
        company' means an investment management firm that is focused on 
        investing private equity that meets not less than 2 of the 
        following criteria:
                    ``(A) The partners of the firm have--
                            ``(i) an investment track record of less 
                        than 10 years of combined investment 
                        experience; or
                            ``(ii) a documented record of successful 
                        business experience.
                    ``(B) The firm has a focus on underserved markets.
                    ``(C) The firm is not less than 50 percent owned, 
                managed, or controlled by members of an 
                underrepresented community (as defined in section 50 of 
                the Small Business Act).
    ``(b) Establishment.--The Administrator shall establish an emerging 
managers program pursuant to which managers with substantial experience 
in operating small business investment companies may enter into a 
written agreement approved by the Administrator to provide guidance and 
assistance to an applicant for a license for a small business 
investment company that is to be managed by an emerging manager 
company. The manager with substantial experience may hold a minority 
financial interest in the small business investment company that is to 
be managed by an emerging manager company.
    ``(c) Licensing.--An applicant described in subsection (b) shall 
apply with for a license under section 301(c) and shall--
            ``(1) have private capital not to exceed $100,000,000;
            ``(2) be managed by not less than two individuals;
            ``(3) be a second generation fund or earlier; and
            ``(4) focus its investment strategy on covered investments.
    ``(d) Waiver of Maximum Leverage.--The approval of a written 
agreement under subsection (b) by the Administrator shall operate as a 
waiver of the requirements of section 303(b)(2)(B) to the extent that 
such section would otherwise apply.
    ``(e) Increased Leverage Maximum.--An existing small business 
investment company that enters into a written agreement under 
subsection (b) that is approved by the Administrator may increase the 
maximum leverage cap of the company under section 303(b)(2)--
            ``(1) under subparagraph (A) of such section, with respect 
        to a single license, by not more than $17,500,000; and
            ``(2) under subparagraph (B) of such section, with respect 
        to multiple licenses under common control, by not more than 
        $35,000,000.''.

SEC. 100402. MICROCAP SMALL BUSINESS INVESTMENT COMPANY LICENSE.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Administration for fiscal year 2022, out 
of amounts in the Treasury not otherwise appropriated, $40,000,000, to 
remain available until September 30, 2031, to carry out paragraph (5) 
of section 301(c) of the Small Business Investment Act of 1958 (15 
U.S.C. 681(c)), as added by subsection (b).
    (b) MicroCap Small Business Investment Company License.--Section 
301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) 
is amended by adding at the end the following:
            ``(5) Microcap small business investment company license.--
                    ``(A) In general.--The Administrator may issue a 
                number of licenses under this subsection to 
                applicants--
                            ``(i) that do not satisfy the qualification 
                        requirements under paragraph (3)(A)(ii) to the 
                        extent that such requirements relate to 
                        investment experience and track record, 
                        including any such requirements further set 
                        forth in section 107.305 of title 13, Code of 
                        Federal Regulations, or any successor 
                        regulation;
                            ``(ii) that would otherwise be issued a 
                        license under this subsection, except that the 
                        management of the applicant does not satisfy 
                        the requirements under paragraph (3)(A)(ii) to 
                        the extent that such requirements relate to 
                        investment experience and track record, 
                        including any such requirements further set 
                        forth in section 107.305 of title 13, Code of 
                        Federal Regulations, or any successor 
                        regulation;
                            ``(iii) for which the fund managers have--
                                    ``(I) a documented record of 
                                successful business experience;
                                    ``(II) a record of business 
                                management success; or
                                    ``(III) knowledge in the particular 
                                industry or business for which the 
                                applicant is pursuing an investment 
                                strategy; and
                            ``(iv) that have demonstrated appropriate 
                        qualifications for the license, based on 
                        factors determined by the Administrator.
                    ``(B) Required investments.--The licensee under 
                this paragraph shall invest not less than 50 percent of 
                the total financings of such licensee in covered 
                investments (as defined in section 321), of which not 
                more than 33 percent of such investments are in small 
                business concerns in infrastructure or manufacturing.
                    ``(C) Timing for issuance of license.--The 
                Administrator shall establish policies to ensure the 
                timely disposition and issuance of licenses under this 
                paragraph.
                    ``(D) Leverage.--A company licensed pursuant to 
                this paragraph shall--
                            ``(i) not be eligible to receive leverage 
                        in an amount that is more than $50,000,000; and
                            ``(ii) be able to access leverage in an 
                        amount that is not more than 200 percent of the 
                        private capital of the applicant.
                    ``(E) Investment committee.--If a company licensed 
                pursuant to this paragraph has investment committee 
                members or control persons who are principals approved 
                by the Administration or control persons of licensed 
                small business investment companies not licensed under 
                this paragraph, such licensee or licensees shall not be 
                deemed to be under common control with the company 
                licensed pursuant to this paragraph solely for the 
                purpose of section 303(b)(2)(B).
                    ``(F) Fees.--In addition to the fees authorized 
                under sections 301(e) and 310(b), the Administration 
                may prescribe fees to be paid by each company 
                designated to operate under this paragraph.''.

SEC. 100403. FUNDING FOR SBIC OUTREACH AND EDUCATION.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$2,500,000, to remain available until September 30, 2031, for carrying 
out this section.
    (b) Outreach and Education.--The Administrator shall develop and 
implement a program to promote to, conduct outreach to, and educate 
prospective licensees on the licensing procedures and other programs of 
small business investment companies under title III of the Small 
Business Investment Act of 1958 (15 U.S.C. 681 et seq.).

SEC. 100404. SBIC WORKING GROUP.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$2,000,000, to remain available until September 30, 2031, to carry out 
this section.
    (b) Definitions.--In this section--
            (1) the term ``covered Members'' means the Chair and 
        Ranking Member of--
                    (A) the Committee on Small Business and 
                Entrepreneurship of the Senate; and
                    (B) the Committee on Small Business of the House of 
                Representatives;
            (2) the terms ``licensee'', ``small business investment 
        company'', and ``underlicensed State'' have the meanings given 
        those terms, respectively, in section 103 of the Small Business 
        Investment Act of 1958 (15 U.S.C. 662);
            (3) the term ``low-income community'' has the meaning given 
        the term in section 45D(e) of the Internal Revenue Code of 
        1986;
            (4) the term ``member of an underrepresented community'' 
        has the meaning given in section 50 of the Small Business Act, 
        as added by section 10201 of this title.
            (5) the term ``underfinanced State'' means a State that has 
        below median financing, as determined by the Administrator; and
            (6) the term ``underserved community'' means--
                    (A) a HUBZone, as defined in section 31(b) of the 
                Small Business Act (15 U.S.C. 657a(b));
                    (B) a low-income community; or
                    (C) a low-income rural community.
    (c) Establishment.--Not later than 90 days after the date on which 
the covered Members are required to submit to the Administrator a 
notification that the individuals selected by the covered Members under 
paragraph (1) have accepted those assignments, the Administrator shall 
establish a small business investment company Working Group (referred 
to in this section as the ``Working Group''), which shall--
            (1) consist of--
                    (A) 4 representatives--
                            (i) among general partners of licensees 
                        that have a demonstrated record of investing 
                        in--
                                    (I) low-income communities;
                                    (II) businesses primarily engaged 
                                in research and development;
                                    (III) manufacturers;
                                    (IV) businesses primarily owned or 
                                controlled by individuals in 
                                underserved communities before 
                                receiving capital from the licensee; 
                                and
                                    (V) low-income rural communities; 
                                and
                            (ii) of whom--
                                    (I) 1 shall be selected by the 
                                Chair of the Committee on Small 
                                Business and Entrepreneurship of the 
                                Senate;
                                    (II) 1 shall be selected by the 
                                Ranking Member of the Committee on 
                                Small Business and Entrepreneurship of 
                                the Senate;
                                    (III) 1 shall be selected by the 
                                Chair of the Committee on Small 
                                Business of the House of 
                                Representatives; and
                                    (IV) 1 shall be selected by the 
                                Ranking Member of the Committee on 
                                Small Business of the House of 
                                Representatives;
                    (B) 4 representatives--
                            (i) from licensees, of whom 1 shall be an 
                        owner of a small business investment company or 
                        fund manager that is located in--
                                    (I) a low-income community;
                                    (II) an underserved community;
                                    (III) a low-income rural community; 
                                or
                                    (IV) an underfinanced State; and
                            (ii) of whom--
                                    (I) 1 shall be selected by the 
                                Chair of the Committee on Small 
                                Business and Entrepreneurship of the 
                                Senate;
                                    (II) 1 shall be selected by the 
                                Ranking Member of the Committee on 
                                Small Business and Entrepreneurship of 
                                the Senate;
                                    (III) 1 shall be selected by the 
                                Chair of the Committee on Small 
                                Business of the House of 
                                Representatives; and
                                    (IV) 1 shall be selected by the 
                                Ranking Member of the Committee on 
                                Small Business of the House of 
                                Representatives;
                    (C) the Associate Administrator for the Office of 
                Investment and Innovation of the Administration, who 
                shall--
                            (i) serve as the Chair of the Working 
                        Group; and
                            (ii) select not more than 4 additional 
                        representatives from the Office of Investment 
                        and Innovation of the Administration to serve 
                        as representatives of the Working Group; and
                    (D) 4 representatives from the investment industry 
                or academia, or who are bank limited partners, with 
                expertise in developing and monitoring interventions to 
                expand the investment industry, of whom--
                            (i) 1 shall be selected by the Chair of the 
                        Committee on Small Business and 
                        Entrepreneurship of the Senate;
                            (ii) 1 shall be selected by the Ranking 
                        Member of the Committee on Small Business and 
                        Entrepreneurship of the Senate;
                            (iii) 1 shall be selected by the Chair of 
                        the Committee on Small Business of the House of 
                        Representatives; and
                            (iv) 1 shall be selected by the Ranking 
                        Member of the Committee on Small Business of 
                        the House of Representatives;
            (2) develop recommendations regarding how the Administrator 
        could increase the number of--
                    (A) applicants to become small business investment 
                companies, with a focus on management teams or 
                companies located in--
                            (i) low-income communities;
                            (ii) underserved communities; and
                            (iii) low-income rural communities; and
                    (B) investments made in underfinanced States;
            (3) develop recommendations for incentives for small 
        business investment companies to--
                    (A) invest and locate in underlicensed States and 
                underfinanced States; and
                    (B) invest in small business concerns, including 
                those owned and controlled by members of an 
                underrepresented community, small business concerns 
                owned and controlled by veterans, and small business 
                concerns owned and controlled by women; and
            (4) develop recommendations for metrics of success, and 
        benchmarks for success, with respect to the goals described in 
        this section.
    (d) Report.--Not later than 1 year after the date on which the 
Administrator establishes the Working Group under subsection (b), the 
Working Group shall submit to the Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Small Business of 
the House of Representatives a report that includes--
            (1) the recommendations of the Working Group; and
            (2) a recommended plan and timeline for implementing the 
        recommendations described in paragraph (1).
    (e) Termination.--The Working Group shall terminate on the date on 
which the Working Group submits the report required under subsection 
(e).

    Subtitle E--Increasing Access to Lending and Investment Capital

SEC. 100501. FUNDING FOR COMMUNITY ADVANTAGE LOAN PROGRAM.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
to remain available until September 30, 2031--
            (1) $281,000,000 for carrying out paragraph (38) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by 
        subsection (b);
            (2) $5,000,000 for carrying out subparagraph (F) of such 
        paragraph (38); and
            (3) $314,000,000 for administrative expenses related to 
        carrying out such paragraph (38), including issuing interim 
        final rules.
    (b) Establishment.--Section 7(a) of the Small Business Act (15 
U.S.C. 636(a)) is amended by adding at the end the following:
            ``(38) Community advantage loan program.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `covered institution' 
                        means--
                                    ``(I) a development company, as 
                                defined in section 103 of the Small 
                                Business Investment Act of 1958, 
                                participating in the loan program 
                                established under title V of such Act;
                                    ``(II) a non-Federally regulated 
                                entity certified as a community 
                                development financial institution under 
                                the Community Development Banking and 
                                Financial Institutions Act of 1994;
                                    ``(III) an intermediary, as defined 
                                in subsection (m)(11), that is a 
                                nonprofit organization and is 
                                participating in the microloan program 
                                under subsection (m); and
                                    ``(IV) an eligible intermediary, as 
                                defined in subsection (l)(1), 
                                participating in the small business 
                                intermediary lending pilot program 
                                established under subsection (l)(2);
                            ``(ii) the term `existing business' means a 
                        small business concern that has been in 
                        existence for not less than 2 years on the date 
                        on which a loan is made to the small business 
                        concern under the program;
                            ``(iii) the term `new business' means a 
                        small business concern that has been in 
                        existence for not more than 2 years on the date 
                        on which a loan is made to the small business 
                        concern under the program;
                            ``(iv) the term `program' means the 
                        Community Advantage Loan Program established 
                        under subparagraph (B);
                            ``(v) the term `small business concern in 
                        an underserved market' means a small business 
                        concern--
                                    ``(I) that is located in--
                                            ``(aa) a low- to moderate-
                                        income community;
                                            ``(bb) a HUBZone, as that 
                                        term is defined in section 
                                        31(b);
                                            ``(cc) a rural area; or
                                            ``(dd) any area for which a 
                                        disaster declaration or 
                                        determination described in 
                                        subparagraph (B), (C), or (E) 
                                        of subsection (b)(2) has been 
                                        made that has not terminated 
                                        more than 2 years before the 
                                        date (or later, as determined 
                                        by the Administrator) on which 
                                        a loan is made to such concern 
                                        under such subsection, or in 
                                        any area for which a major 
                                        disaster described in 
                                        subsection (b)(2)(A) has been 
                                        declared, that period shall be 
                                        5 years; or
                                    ``(II) that is a new business;
                                    ``(III) owned and controlled by 
                                veterans;
                                    ``(IV) owned and controlled by an 
                                individual who has completed a term of 
                                imprisonment;
                                    ``(V) owned and controlled by an 
                                individual with a disability, as that 
                                term is defined in section 3 of the 
                                Americans with Disabilities Act of 
                                1990;
                                    ``(VI) owned and controlled by a 
                                member of an Indian tribe individually 
                                identified (including parenthetically) 
                                in the most recent list published 
                                pursuant to section 104 of the 
                                Federally Recognized Indian Tribe List 
                                Act of 1994; or
                                    ``(VII) otherwise identified by the 
                                Administrator.
                    ``(B) Establishment.-- There is established a 
                Community Advantage Loan Program under which the 
                Administration may guarantee loans made by covered 
                institutions under this subsection, including loans 
                made to small business concerns in underserved market
                    ``(C) Requirement to make loans to underserved 
                markets.--Not less than 50 percent of loans made by a 
                covered institution under the program shall consist of 
                loans made to small business concerns in an underserved 
                market.
                    ``(D) Maximum loan amount.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the maximum loan amount for a loan 
                        guaranteed under the program is $250,000.
                            ``(ii) Exceptions.--
                                    ``(I) Requested exception.--
                                            ``(aa) In general.--Upon 
                                        request by a covered 
                                        institution, the Administrator 
                                        may approve a guarantee of a 
                                        loan under the program that is 
                                        more than $250,000 and not more 
                                        than $350,000.
                                            ``(bb) Notification.--As 
                                        soon as practicable and not 
                                        later than 14 business days 
                                        after receiving a request under 
                                        item (aa), the Administration 
                                        shall--

                                                    ``(AA) review the 
                                                request; and

                                                    ``(BB) provide a 
                                                decision regarding the 
                                                request to the covered 
                                                institution making the 
                                                loan.

                                    ``(II) Major disasters.--The 
                                maximum loan amount for a loan 
                                guaranteed under the program that is 
                                made to a small business concern 
                                located in an area affected by a major 
                                disaster described in subsection 
                                (b)(2)(A) is $350,000.
                    ``(E) Interest rates.--The maximum interest rate 
                for a loan guaranteed under the program shall not 
                exceed the maximum interest rate, as determined by the 
                Administration, applicable to other loans guaranteed 
                under this subsection.
                    ``(F) Training.--The Administrator shall develop a 
                training course and provide free or low-cost training 
                to covered institutions making loans under the 
                program.''.

SEC. 100502. FUNDING FOR CREDIT ENHANCEMENT AND SMALL DOLLAR LOAN 
              FUNDING.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
to remain available until September 30, 2031--
            (1) $3,365,000,000 to carry out paragraph (39) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by 
        subsection (b); and
            (2) $1,100,000,000 for administrative expenses related to 
        carrying out such paragraph (39), including issuing interim 
        final rules.
    (b) Small Dollar Loan Funding.--Section 7(a) of the Small Business 
Act (15 U.S.C. 636(a)), as amended by section 10501, is further 
amended--
            (1) in paragraph (1)(A)(i), in the third sentence, by 
        striking ``; and'' and all that follows through the period at 
        the end and inserting a period;
            (2) in paragraph (26), by inserting ``(except for those 
        collected under paragraph (39))'' after ``profits''; and
            (3) by adding at the end the following:
            ``(39) Small dollar loan funding.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Small government contractor.--The 
                        term `small government contractor' means a 
                        small business concern that is performing a 
                        Government contract.
                            ``(ii) Small manufacturer.--The term `small 
                        manufacturer' means a small business concern 
                        that is assigned a North American Industry 
                        Classification System code beginning with 31, 
                        32, or 33 at the time at which the small 
                        business concern receives loan under this 
                        subsection.
                    ``(B) Direct loans.--The Administrator is 
                authorized to originate and disburse direct loans, 
                including through partnerships with third parties, to 
                small business concerns.
                    ``(C) Terms.--
                            ``(i) Loan size.--Notwithstanding paragraph 
                        (3)(C) of this subsection, a loan made in 
                        accordance with this paragraph shall be--
                                    ``(I) except as provided in 
                                subclause (II), not more than $150,000; 
                                or
                                    ``(II) not more than $1,000,000, if 
                                the borrower is a small manufacturer or 
                                a small government contractor.
                    ``(D) Fees.--With respect to each loan made in 
                accordance with this paragraph, the Administrator, an 
                authorized third party, or an agent may--
                            ``(i) impose, collect, retain, and utilize 
                        fees, which may be charged to the borrower, to 
                        cover any costs associated with referring 
                        applications or originating, making, 
                        underwriting, disbursing, closing, servicing, 
                        or liquidating the loan, including any direct 
                        lending agent costs, other program or contract 
                        costs, or other agent administrative expenses;
                            ``(ii) impose, collect, retain, and use 
                        fees (including unused fees and draw fees), 
                        which may be charged to the borrower on loans 
                        for revolving lines of credit; and
                            ``(iii) pay third parties, including direct 
                        lending agents and financial institutions, with 
                        which the Administration partners for 
                        assistance in referring applicants or 
                        promoting, originating, making, underwriting, 
                        disbursing, closing, servicing, or liquidating 
                        loans in accordance with this paragraph on 
                        behalf of the Administration.
                    ``(E) Other terms.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of the enactment of this 
                        paragraph, the Administrator shall issue 
                        interim final rules relating to the 
                        underwriting criteria, interest rate, maturity, 
                        and other terms of a loan made in accordance 
                        with this paragraph and revising any other 
                        rules necessary to carry out this paragraph.
                            ``(ii) Repayment.--Not later than 90 days 
                        after the date of the enactment of this 
                        paragraph, the Administrator shall issue rules 
                        to allow reasonable assurance of repayment of a 
                        loan made in accordance with this paragraph, 
                        including reasonable assurance of repayment 
                        from the assets converting to cash to be the 
                        sole and primary form of repayment under this 
                        paragraph.''.

SEC. 100503. EXTENSION OF TEMPORARY FEE REDUCTIONS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$1,000,000,000, to remain available until September 30, 2026, for 
carrying out this section.
    (b) 7(a) Loan Program.--Section 326 of the Economic Aid to Hard-Hit 
Small Businesses, Nonprofits, and Venues Act (title III of division N 
of Public Law 116-260; 134 Stat. 2036; 15 U.S.C. 636 note) is amended--
            (1) in subsection (a)(2), by striking ``October 1, 2021'' 
        and inserting ``October 1, 2026''; and
            (2) in subsection (b)(2), by striking ``October 1, 2021'' 
        and inserting ``October 1, 2026''.
    (c) Other Fees.--Section 327 of the Economic Aid to Hard-Hit Small 
Businesses, Nonprofits, and Venues Act (title III of division N of 
Public Law 116-260; 134 Stat. 2037; 15 U.S.C. 636 note) is amended--
            (1) in subsection (a)(1), by striking ``September 30, 
        2021'' and inserting ``September 30, 2026''; and
            (2) in subsection (b)(1), by striking ``September 30, 
        2021'' and inserting ``September 30, 2026''.

SEC. 100504. FUNDING FOR COOPERATIVES.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$500,000,000, to remain available until September 30, 2031, for 
carrying out paragraph (40) of section 7(a) of the Small Business Act 
(15 U.S.C. 636(a)), as added by subsection (b).
    (b) Cooperative Lending Pilot.--Section 7(a) of the Small Business 
Act (15 U.S.C. 636(a)), as amended by section 10502, is amended by 
adding at the end the following:
            ``(40) Cooperative lending pilot.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Community financial institution.--The 
                        term `community financial institution' has the 
                        meaning given in paragraph (36)(A);
                            ``(ii) Cooperative.--The term 
                        `cooperative'--
                                    ``(I) means an entity determined by 
                                the Administrator to be a cooperative; 
                                and
                                    ``(II) includes an entity owned by 
                                employees or consumers of the entity.
                            ``(iii) Eligible employee-owned business 
                        concern.--The term `eligible employee-owned 
                        business concern' means--
                                    ``(I) a cooperative in which the 
                                employees of the cooperative are 
                                eligible for membership;
                                    ``(II) a qualified employee trust; 
                                or
                                    ``(III) other employee-owned 
                                entities as determined by the 
                                Administrator.
                            ``(iv) Pilot program.--The term `pilot 
                        program' means the pilot program established 
                        under subparagraph (B).
                    ``(B) Establishment.--There is established a pilot 
                program under which the Administrator shall guarantee 
                loans (including loans made by community financial 
                institutions), without the requirement of a personal or 
                entity guarantee, where such loans are made to 
                cooperatives or eligible employee-owned business 
                concerns.
                    ``(C) Termination.--The pilot program shall 
                terminate on the date that is 5 years after the date of 
                enactment of this paragraph.''.
    (c) Delegated Lending Authority for Preferred Lenders.--Section 
5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by 
striking ``paragraph (15) or (35)'' and inserting ``paragraph (15), 
(35), or (40)''.

SEC. 100505. FUNDING FOR DIRECT DEBENTURES.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
to remain available until September 30, 2031--
            (1) $2,118,000,000 for carrying out subsection (j) of 
        section 503 of the Small Business Investment Act of 1958 (15 
        U.S.C. 697), as added by subsection (b); and
            (2) $628,000,000 for administrative expenses related to 
        carrying out such subsection (j), including issuing interim 
        final rules.
    (b) Direct Debentures.--Section 503 of the Small Business 
Investment Act of 1958 (15 U.S.C. 697) is amended by adding at the end 
the following:
    ``(j) Direct Debentures.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `direct debenture' means a debenture 
                guaranteed by the Administrator under the authority 
                under paragraph (2);
                    ``(B) the term `eligible entity' means--
                            ``(i) a small business concern in an 
                        underserved market;
                            ``(ii) a small government contractor; or
                            ``(iii) a small manufacturer;
                    ``(C) the term `renewable energy equipment'--
                            ``(i) means such equipment as the 
                        Administrator may designate as renewable energy 
                        equipment; and
                            ``(ii) includes solar panels, wind 
                        turbines, and battery storage;
                    ``(D) the term `small business concern in an 
                underserved market' has the meaning given in section 
                7(a)(38) of the Small Business Act;
                    ``(E) the term `small government contractor' means 
                a small business concern that is performing a 
                government contract; and
                    ``(F) the term `small manufacturer' means a small 
                business concern that is assigned a North American 
                Industry Classification System code beginning with 31, 
                32, or 33 at the time at which the small business 
                concern receives loan under this subsection.
            ``(2) Authority.--Except as otherwise provided in this 
        subsection, the Administrator may guarantee the timely payment 
        of all principal and interest as scheduled under this 
        subsection on a debenture issued by any qualified State or 
        local development company under the same terms, conditions, and 
        processes as a guarantee made under the authority under 
        subsection (a)(1).
            ``(3) Use of proceeds.--The proceeds of a direct 
        debenture--
                    ``(A) for a small business concern that is an 
                eligible entity, may be used for any purpose for which 
                a loan under section 502 may be used, including to 
                acquire renewable energy equipment and for working 
                capital; and
                    ``(B) for a small business concern that is not an 
                eligible entity, may be used to acquire renewable 
                energy equipment.
            ``(4) Maximum loan amount.--
                    ``(A) In general.--A direct debenture shall be in 
                an amount not more than $6,500,000.
                    ``(B) Cost of project.--The amount of the proceeds 
                of a direct debenture may not exceed the amount equal 
                to 100 percent of the cost of the project for which the 
                proceeds are to be used.
            ``(5) Criteria for assistance.--
                    ``(A) No community injection funds required.--
                Compliance with subparagraph (B) of section 502(a)(3) 
                shall not be required for a direct debenture.
                    ``(B) Funding from small business concern.--A small 
                business concern receiving funds under a direct 
                debenture--
                            ``(i) for a direct debenture used for 
                        working capital, is not required to provide 
                        funds toward the total cost of the project 
                        financed;
                            ``(ii) for a direct debenture used for 
                        renewable energy equipment, may provide not 
                        more than 10 percent of the total cost of the 
                        project financed; and
                            ``(iii) for a direct debenture used for any 
                        other eligible purpose, shall provide not less 
                        than 5 percent of the total cost of the project 
                        financed.
            ``(6) Fees.--With respect to each debenture made in 
        accordance with this paragraph, in addition to other fees 
        authorized under this section, the Administrator, an authorized 
        third party, or an agent may--
                    ``(A) impose, collect, retain, and utilize fees, 
                which shall be charged to the borrower, to cover any 
                costs associated with referring applications or 
                originating, underwriting, making, disbursing, closing, 
                and servicing, or liquidating the loan, including any 
                central servicing agent costs, other program or 
                contract costs, or other agent administrative expenses;
                    ``(B) impose, collect, retain, and use fees 
                (including unused fees and draw fees), which may be 
                charged to the borrower on loans for revolving lines of 
                credit; and
                    ``(C) establish fees that may be charged by interim 
                lenders for interim financing provided in connection 
                with a direct debenture, including for assistance in 
                referring applicants or promoting, originating, making, 
                underwriting, disbursing, closing, servicing, or 
                liquidating loans in accordance with this paragraph on 
                behalf of the Administration.
            ``(7) Interim financing.--Nothing in this subsection shall 
        be construed to restrict the ability of a State or local 
        development company to use a third party lender or another 
        lender to provide interim financing for all project costs 
        except the borrower's contribution, in accordance with section 
        120.890 of title 13, Code of Federal Regulations, or any 
        successor thereto, in connection with providing a direct 
        debenture to a small business concern.
            ``(8) Other terms.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this paragraph, the 
                Administrator shall issue interim final rules relating 
                to the underwriting criteria, interest rate, maturity, 
                collateral, servicing, and other terms or project 
                requirements of a direct debenture made in accordance 
                with this subsection and revising any other rules 
                necessary to carry out this subsection.
                    ``(B) Repayment.--Not later than 90 days after the 
                date of the enactment of this subsection, the 
                Administrator shall issue rules to allow reasonable 
                assurance of repayment of a direct debenture, including 
                reasonable assurance of repayment from the assets 
                converting to cash to be the primary form of repayment 
                under this subsection.''.
    (c) Calculation of Job Creation Requirement.--Section 501(e)(4) of 
the Small Business Investment Act of 1958 (15 U.S.C. 695(e)(4)) is 
amended to read as follows:
    ``(4) Loans for projects of small manufacturers and direct 
debenture loans under section 503(j) shall be excluded from 
calculations under paragraph (2) or (3) of this subsection.''.

         Subtitle F--Supporting Entrepreneurial Second Chances

SEC. 100601. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR 
              INCARCERATED AND FORMERLY INCARCERATED INDIVIDUALS.

    (a) Reentry Entrepreneurship Counseling and Training for 
Incarcerated Individuals.--
            (1) Appropriations.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration, out of any money in the Treasury not otherwise 
        appropriated $5,000,000 for each of fiscal years 2022 through 
        2028 to carry out section 53 of the Small Business Act, as 
        added by paragraph (2). Amounts appropriated by this subsection 
        shall remain available for 3 fiscal years.
            (2) In general.--The Small Business Act (15 U.S.C. 631 et 
        seq.) is amended by inserting after section 52, as added by 
        section 10301 of this title, the following:

``SEC. 53. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR 
              INCARCERATED INDIVIDUALS.

    ``(a) Definitions.--In this section:
            ``(1) Covered individual.--The term `covered individual' 
        means an individual who is completing a term of imprisonment in 
        a facility designated as a minimum, low, or medium security.
            ``(2) Resource partners.--The term `resource partners' 
        means a small business development center (defined in section 
        3) or a women's business center (described under section 29).
    ``(b) Establishment.--The Administrator shall coordinate with 
resource partners and associations formed to pursue matters of common 
concern to resource partners to provide entrepreneurship counseling and 
training services to covered individuals pursuant to subsection (c).
    ``(c) Use of Funds.--Amounts made available under this section 
shall be used to--
            ``(1) develop and deliver a curriculum, including classroom 
        instruction and in-depth training to develop skills related to 
        business planning and financial literacy;
            ``(2) train mentors and instructors;
            ``(3) establish public-private partnerships to support 
        covered individuals; and
            ``(4) identify opportunities to access capital.''.
    (b) Reentry Entrepreneurship Counseling and Training for Formerly 
Incarcerated Individuals.--
            (1) Appropriations.--In addition to amounts otherwise 
        available, there is appropriated to the Small Business 
        Administration, out of any money in the Treasury not otherwise 
        appropriated $5,000,000, for each of fiscal years 2022 through 
        2028 to carry out section 54 of the Small Business Act, as 
        added by paragraph (2). Amounts appropriated by this subsection 
        shall remain available for 3 fiscal years.
            (2) In general.--The Small Business Act (15 U.S.C. 631 et 
        seq.) is amended by inserting after section 53, as added by 
        subsection (a), the following:

``SEC. 54. REENTRY ENTREPRENEURSHIP COUNSELING AND TRAINING FOR 
              FORMERLY INCARCERATED INDIVIDUALS.

    ``(a) Covered Individual Defined.--In this section, the term 
`covered individual' means an individual who completed a term of 
imprisonment.
    ``(b) Establishment.--The Administrator shall establish a program 
under which the Service Corps of Retired Executives authorized by 
section 8(b)(1)(B) shall provide entrepreneurship counseling and 
training services to covered individuals on a nationwide basis.
    ``(c) Use of Funds.--Amounts made available under this section 
shall be used by the Service Corps of Retired Executives for providing 
to covered individuals the following services:
            ``(1) Regular individualized mentoring sessions to identify 
        and support development of the business plans of covered 
        individuals.
            ``(2) Workshops on topics specifically tailored to meet the 
        needs of covered individuals.
            ``(3) Instructional videos designed specifically for 
        covered individuals on how to start or expand a small business 
        concern.''.

SEC. 100602. NEW START ENTREPRENEURIAL DEVELOPMENT PROGRAM FOR FORMERLY 
              INCARCERATED INDIVIDUALS.

    (a) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Small Business Administration, out of any 
money in the Treasury not otherwise appropriated, $5,000,000, for each 
of fiscal years 2022 through 2028 for carrying out this section. 
Amounts appropriated by this subsection shall remain available for 3 
fiscal years.
    (b) Definitions.--In this section--
            (1) Covered individual.--The term ``covered individual'' 
        means an individual who--
                    (A) completed a term of imprisonment; and
                    (B) meets the offense eligibility requirements set 
                forth in any applicable policy notice or other guidance 
                issued by the Small Business Administration for the 
                program established under section 7(m) of the Small 
                Business Act (15 U.S.C. 636(m)).
            (2) Intermediary; microloan.--The terms ``intermediary'' 
        and ``microloan'' have the meanings given those terms, 
        respectively, in section 7(m)(11) of the Small Business Act (15 
        U.S.C. 636(m)(11)).
            (3) Participating lender.--The term ``participating 
        lender'' means a participating lender described under section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)).
            (4) Pilot program.--The term ``pilot program'' means the 
        pilot program established under subsection (b).
            (5) Resource partner.--The term ``resource partner'' 
        means--
                    (A) a small business development center (defined in 
                section 3 of the Small Business Act (15 U.S.C. 632));
                    (B) a women's business center (described under 
                section 29 of such Act (15 U.S.C. 656));
                    (C) a chapter of the Service Corps of Retired 
                Executives (established under section 8(b)(1)(B) of 
                such Act ((15 U.S.C. 637(b)(1)(B))); and
                    (D) a Veteran Business Outreach Center (described 
                under section 32 of such Act (15 U.S.C. 657b)).
    (c) Establishment.--The Administrator shall establish a pilot 
program to award grants to organizations, or partnerships of 
organizations, to provide assistance to covered individuals throughout 
the United States.
    (d) Application.--
            (1) In general.--An organization or partnership of 
        organizations desiring a grant under the pilot program shall 
        submit an application to the Administrator in such form, in 
        such manner, and containing such information as the 
        Administrator may reasonably require.
            (2) Contents.--An application submitted under paragraph (1) 
        shall--
                    (A) demonstrate that the applicant has a 
                partnership with, or is, an intermediary that shall 
                make microloans to covered individuals;
                    (B) demonstrate an ability to provide a full range 
                of entrepreneurial development programming on an 
                ongoing basis;
                    (C) include a plan for reaching covered 
                individuals, including by identifying particular target 
                populations within the community in which a covered 
                individual lives;
                    (D) include a plan to refer covered individuals who 
                have completed participation in the pilot program to 
                existing resource partners and participating lenders;
                    (E) include a comprehensive plan for the use of 
                grant funds, including estimates for administrative 
                expenses and outreach costs; and
                    (F) any other requirements, as determined by the 
                Administrator.
    (e) Matching Requirement.--
            (1) In general.--As a condition of a grant provided under 
        the pilot program, the Administrator shall require the 
        recipient of the grant to contribute an amount equal to 25 
        percent of the amount of the grant, obtained solely from non-
        Federal sources.
            (2) Form.--In addition to cash or other direct funding, the 
        contribution required under paragraph (1) may include indirect 
        costs or in-kind contributions paid for under non-Federal 
        programs.

                       Subtitle G--Other Matters

SEC. 100701. ADMINISTRATIVE EXPENSES.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Administration for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $1,250,000,000, to 
remain available until September 30, 2031, for administrative expenses 
related to carrying out this title, except as otherwise provided in 
this title.
    (b) Rulemaking.--Using amounts made available under subsection (a), 
not later than 30 days after the date of the enactment of this Act, the 
Administrator may issue rules, including interim final rules, as 
necessary to carry out this title and the amendments made by this 
title.
    (c) Recission.--With respect to amounts appropriated under 
subsection (a)--
            (1) the Secretary of the Treasury shall complete all 
        disbursements and remaining obligations before September 30, 
        2031; and
            (2) the unexpended balance of such amounts September 30, 
        2031, shall be rescinded and deposited into the general fund of 
        the Treasury.

SEC. 100702. OFFICE OF THE INSPECTOR GENERAL OF THE SMALL BUSINESS 
              ADMINISTRATION.

    In addition to amounts otherwise available, there is appropriated 
to the Office of the Inspector General of the Small Business 
Administration for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $25,000,000, to remain available until 
September 30, 2031, for audits, investigations, and other oversight of 
projects and activities carried out with funds made available by this 
title to the Small Business Administration.

        TITLE XI--COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

SEC. 110001. AFFORDABLE HOUSING ACCESS PROGRAM.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any funds in the Treasury 
not otherwise appropriated, $9,900,000,000, to remain available until 
September 30, 2026, for competitive grants to support access to 
affordable housing and the enhancement of mobility for residents in 
disadvantaged communities or neighborhoods, in persistent poverty 
communities, or for low-income riders generally.
    (b) Criteria and Process.--The Secretary of Housing and Urban 
Development and the Administrator of the Federal Transit Administration 
shall establish criteria and a process for the allocation of funds made 
available under this section in a manner to ensure that such funds 
support--
            (1) access to affordable housing;
            (2) enhanced mobility for residents and riders, including 
        those in disadvantaged communities and neighborhoods, 
        persistent poverty communities, or for low-income riders 
        generally; or
            (3) other community benefits for residents of disadvantaged 
        communities or neighborhoods, persistent poverty communities, 
        or for low-income riders generally identified by the Secretary 
        and the Administrator related to enhanced transit service, 
        including--
                    (A) access to job and educational opportunities;
                    (B) better connections to medical care; or
                    (C) enhanced access to grocery stores with fresh 
                foods to help eliminate food deserts.
    (c) Administration of Funds.--Funds made available under this 
section shall--
            (1) be available to recipients and subrecipients eligible 
        under chapter 53 of title 49, United States Code;
            (2) after allocation, be administered by the Administrator 
        of the Federal Transit Administration--
                    (A) to recipients and subrecipients in urban areas, 
                as if such funds were provided under section 5307 of 
                title 49, United States Code;
                    (B) to recipients and subrecipients in rural areas, 
                as if such funds were provided under section 5311 of 
                such title;
                    (C) for any project activities related to the 
                acquisition of zero-emission buses or related 
                infrastructure, as if funds for such activities were 
                awarded under section 5339(c) of such title;
                    (D) for any activities related to research that 
                supports efforts to reduce barriers to the deployment 
                of zero-emission transit vehicles in disadvantaged 
                communities or neighborhoods and rural areas, including 
                barriers related to the cost of such vehicles, as if 
                funds for such activities were provided under section 
                5312 of such title; or
                    (E) for any activities related to the training and 
                development of the transit workforce that provides 
                service to disadvantaged communities or neighborhoods 
                and rural areas, including the creation of new 
                employment opportunities in the transit industry for 
                workers from such communities, neighborhoods or areas, 
                as if funds for such activities were provided under 
                section 5314 of such title;
            (3) not be subject to any restriction on the total amount 
        of funds available for implementation or execution of programs 
        authorized under section 5307, 5311, 5312, 5314, or 5339 of 
        title 49, United States Code;
            (4) notwithstanding paragraph (1), be available for grants 
        for up to 100 percent of the net cost of a project; and
            (5) be expended in compliance with the requirements of part 
        26 of title 49, Code of Federal Regulations.
    (d) Eligible Activities.--Eligible activities for funds made 
available under this section shall be--
            (1) construction of a new fixed guideway capital project;
            (2) construction of a bus rapid transit project or a 
        corridor-based bus rapid transit project that utilizes zero-
        emission vehicles, including costs related to the acquisition 
        of such vehicles and related charging or fueling 
        infrastructure, or a collection of such projects;
            (3) the establishment or expansion of high-frequency bus 
        service that utilizes zero-emission buses, including costs 
        related to the acquisition of such vehicles and related 
        charging or fueling infrastructure, but does not have all of 
        the features of a bus rapid transit project or corridor-based 
        bus rapid transit project;
            (4) an expansion of the service area or the frequency of 
        service of recipients or subrecipients under section 5311 of 
        title 49, United States Code, which may include operational 
        expenses, including the provision of fare-free or reduced-fare 
        service, or the acquisition of vehicles or infrastructure to 
        expand service;
            (5) notwithstanding subsection (a)(1) of section 5307 of 
        such title, an expansion of the service area or the frequency 
        of service of recipients under such section, which may include 
        operational expenses, including the provision of fare-free or 
        reduced-fare service, or the acquisition of zero-emission 
        vehicles or infrastructure to expand service;
            (6) renovation or construction of facilities and incidental 
        expenses to continue or expand transit service in disadvantaged 
        communities or neighborhoods or service that benefits low-
        income riders generally;
            (7) research activities and capital expenses related to 
        research under section 5312 of such title that support efforts 
        to reduce barriers to the deployment of zero-emission transit 
        vehicles in disadvantaged communities or neighborhoods and 
        rural areas, including barriers related to the cost of such 
        vehicles;
            (8) activities under section 5314 of such title that 
        support the training and development of the transit workforce 
        that provides service to disadvantaged communities or 
        neighborhoods and rural areas, including the creation of new 
        employment opportunities in the transit industry for workers 
        from such communities, neighborhoods, or areas;
            (9) additional assistance to project sponsors of new fixed 
        guideway capital projects, core capacity improvement projects, 
        or corridor-based bus rapid transit projects not yet open to 
        revenue service, notwithstanding applicable requirements 
        regarding Government share of contributions toward net project 
        cost of the project or the share of contributions from a 
        program carried out by the Administrator of the Federal Transit 
        Administration, if--
                    (A) the applicant demonstrates that the 
                availability of funding under this section provides 
                additional support for access to affordable housing and 
                the enhancement of mobility for residents in 
                disadvantaged communities or neighborhoods, persistent 
                poverty communities, or for low-income riders generally 
                in the service area of the recipient, consistent with 
                the purposes described in subsection (b); and
                    (B) assistance under this paragraph does not 
                increase by more than 10 percentage points--
                            (i) the Government share of contributions 
                        toward net project cost; or
                            (ii) the Government share of assistance 
                        from a program carried out by the Administrator 
                        of the Federal Transit Administration;
            (10) fleet transition, route, or other public 
        transportation planning, including planning related to economic 
        development; or
            (11) projects to upgrade the accessibility of bus or rail 
        public transportation services for persons with disabilities, 
        including individuals who use wheelchairs, in disadvantaged 
        communities or neighborhoods.
    (e) Administrative Expenses.--In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, out of any funds 
in the Treasury not otherwise appropriated, $100,000,000, to remain 
available until September 30, 2026, for the following:
            (1) The costs of administering and overseeing the 
        implementation of this section.
            (2) To make new awards or to increase prior awards to 
        provide technical assistance and capacity building for eligible 
        recipients or subrecipients under this section.

SEC. 110002. COMMUNITY CLIMATE INCENTIVE GRANTS.

    (a) Federal Highway Administration Appropriation.--In addition to 
amounts otherwise available, there is appropriated for fiscal year 
2022, out of any funds in the Treasury not otherwise appropriated, 
$50,000,000, to remain available until September 30, 2026, to the 
Administrator of the Federal Highway Administration--
            (1) to establish a greenhouse gas performance measure that 
        requires States to set performance targets to reduce greenhouse 
        gas emissions;
            (2) to establish an incentive structure to reward States 
        that demonstrate the most significant progress towards 
        achieving reductions in greenhouse gas emissions;
            (3) to establish consequences for States that do not 
        achieve reductions in greenhouse gas emissions;
            (4) to issue guidance and regulations, and provide 
        technical assistance, as necessary to implement this section; 
        and
            (5) from any remaining amounts after carrying out 
        paragraphs (1) through (4), for operations and administration 
        of the Federal Highway Administration.
    (b) Grants to States.--In addition to amounts otherwise available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $950,000,000, to remain available 
until September 30, 2026, to the Administrator of the Federal Highway 
Administration, for incentive grants for carbon reduction projects, to 
be awarded to States that--
            (1) qualify for a reward under the incentive structure 
        established by the Administrator under subsection (a)(2); or
            (2) have adopted carbon reduction strategies that 
        contribute to achieving net-zero greenhouse gas emissions by 
        2050, and have incorporated such strategies into the 
        transportation plans required under section 135 of title 23, 
        United States Code.
    (c) Grants to Other Eligible Entities.--In addition to amounts 
otherwise available, there is appropriated for fiscal year 2022, out of 
any funds in the Treasury not otherwise appropriated, $3,000,000,000, 
to remain available until September 30, 2026, to the Administrator of 
the Federal Highway Administration for grants, to be awarded on a 
competitive basis, for carbon reduction projects to eligible entities 
that are not States.
    (d) Use of Funds.--
            (1) In general.--Funds made available under subsections (b) 
        and (c) shall be administered as if made available under 
        chapter 1 of title 23, United States Code, and a project 
        carried out under this section shall be treated as a project on 
        a Federal-aid highway under such chapter.
            (2) Grants to states.--Funds made available under 
        subsection (b) administered by or through a State department of 
        transportation shall be expended in compliance with the 
        requirements of part 26 of title 49, Code of Federal 
        Regulations.
    (e) Federal Share.--
            (1) In general.--The Federal share for a recipient of funds 
        that is not a State under this section may be up to 100 
        percent.
            (2) States.--The Federal share for a recipient of funds 
        under this section that is a State shall be determined in 
        accordance with section 120 of title 23, United States Code.
    (f) Limitation.--Funds made available under this section shall 
not--
            (1) be subject to any restriction or limitation on the 
        total amount of funds available for implementation or execution 
        of programs authorized for Federal-aid highways; and
            (2) be used for projects that result in additional through 
        travel lanes for single occupant passenger vehicles.
    (g) Definitions.--In this section:
            (1) Carbon reduction project.--A carbon reduction project 
        means a project that is eligible under title 23, United State 
        Code, and that--
                    (A) will result in significant reductions in 
                greenhouse gas emissions related to a surface 
                transportation facility or project;
                    (B) provides zero-emission transportation options;
                    (C) reduces dependence on single-occupant vehicle 
                trips; or
                    (D) advances carbon reduction strategies adopted by 
                an eligible entity that contribute to achieving net-
                zero greenhouse gas emissions by 2050.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a unit of local government;
                    (B) a political subdivision of a State;
                    (C) a territory;
                    (D) a metropolitan planning organization (as 
                defined in section 134 of title 23, United States 
                Code);
                    (E) a special purpose district or public authority 
                with a transportation function;
                    (F) a recipient of funds under section 202 of title 
                23, United State Code; or
                    (G) a State.
            (3) State.--The term ``State'' has the meaning given the 
        term in section 101 of title 23, United States Code.

SEC. 110003. NEIGHBORHOOD ACCESS AND EQUITY GRANTS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any funds in the Treasury 
not otherwise appropriated, $3,950,000,000, to remain available until 
September 30, 2026, to the Administrator of the Federal Highway 
Administration--
            (1) for grants to eligible entities described in subsection 
        (b) to improve walkability, safety, and affordable 
        transportation access through construction (as such term is 
        defined in section 101 of title 23, United States Code) of 
        projects that are context sensitive--
                    (A) to remove, remediate, or reuse a facility 
                described in subsection (c)(1);
                    (B) to replace a facility described in subsection 
                (c)(1) with a facility that is at-grade or lower speed;
                    (C) to retrofit or cap a facility described in 
                subsection (c)(1);
                    (D) to build or improve complete streets, multiuse 
                trails, regional greenways, or active transportation 
                networks or spines; or
                    (E) to provide affordable access to essential 
                destinations, public spaces, or transportation links 
                and hubs;
            (2) for mitigation grants to eligible entities described in 
        subsection (b) to remediate negative impacts on the human or 
        natural environment resulting from a facility described in 
        subsection (c)(2) in a disadvantaged or underserved community, 
        including construction (as such term is defined in section 101 
        of title 23, United States Code) of--
                    (A) noise barriers to reduce impacts resulting from 
                a facility described in subsection (c)(2);
                    (B) technologies, infrastructure, and activities to 
                reduce surface transportation-related air pollution, 
                including greenhouse gas emissions;
                    (C) infrastructure or protective features to reduce 
                or manage stormwater run-off resulting from a facility 
                described in subsection (c)(2), including through 
                natural infrastructure and pervious, permeable, or 
                porous pavement;
                    (D) infrastructure and natural features to reduce, 
                or to mitigate, urban heat island hot spots in the 
                transportation right of way or on surface 
                transportation facilities; or
                    (E) safety improvements for vulnerable road users; 
                and
            (3) for grants to eligible entities described in subsection 
        (b) for planning and capacity building activities in 
        disadvantaged or underserved communities to--
                    (A) identify, monitor, or assess local and ambient 
                air quality, emissions of transportation greenhouse 
                gases, hot spot areas of extreme heat or elevated air 
                pollution, gaps in tree canopy coverage, or flood prone 
                locations;
                    (B) assess transportation equity or pollution 
                impacts and develop local anti-displacement policies 
                and community benefit agreements;
                    (C) conduct predevelopment activities for projects 
                eligible under this subsection;
                    (D) expand public participation in transportation 
                planning by individuals and organizations in 
                disadvantaged or underserved communities; or
                    (E) administer or obtain technical assistance 
                related to activities described in this subsection.
    (b) Eligible Entities Described.--An eligible entity referred to in 
subsection (a) is--
            (1) a State (as such term is defined in section 101 of 
        title 23, United States Code);
            (2) a unit of local government;
            (3) a political subdivision of a State (as such term is 
        defined in section 101 of title 23, United States Code);
            (4) a recipient of funds under section 202 of title 23, 
        United States Code;
            (5) a territory of the United States;
            (6) a metropolitan planning organization (as defined in 
        section 134(b) of title 23, United States Code); or
            (7) with respect to a grant described in subsection (a)(3), 
        in addition to an eligible entity described in paragraphs (1) 
        through (6), a nonprofit organization or institution of higher 
        education that has entered into a partnership with an eligible 
        entity described in paragraphs (1) through (6).
    (c) Facility Described.--A facility is--
            (1) a surface transportation facility for which high 
        speeds, grade separation, or other design factors create an 
        obstacle to connectivity within a community; or
            (2) a surface transportation facility which is a source of 
        air pollution, noise, stormwater, or other burden to a 
        disadvantaged or underserved community.
    (d) Local Technical Assistance.--In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, out of any funds 
in the Treasury not otherwise appropriated, $50,000,000, to remain 
available until September 30, 2026, to the Administrator of the Federal 
Highway Administration for--
            (1) guidance, technical assistance, templates, training, or 
        tools to facilitate efficient and effective contracting, 
        design, and project delivery by units of local government;
            (2) subgrants to units of local government to build 
        capacity of such local government to assume responsibilities to 
        deliver surface transportation projects; and
            (3) operations and administration of the Federal Highway 
        Administration.
    (e) Use of Funds.--
            (1) In general.--The Administrator shall provide grants to 
        eligible entities described in subsection (b) that submit an 
        application to the Administrator at such time, in such manner, 
        and containing such information as the Administration requires.
            (2) Minimum investment.--Not less than $1,580,000,000 of 
        funds made available under subsection (a) shall be distributed 
        for projects in communities that--
                    (A) are economically disadvantaged, including an 
                underserved community or a community located in an area 
                of persistent poverty;
                    (B) have entered or will enter into a community 
                benefits agreement with representatives of the 
                community;
                    (C) have an anti-displacement policy, a community 
                land trust, or a community advisory board in effect; or
                    (D) have demonstrated a plan for employing local 
                residents in the area impacted by the activity or 
                project proposed under this section.
    (f) Administration.--
            (1) In general.--Amounts made available under subsection 
        (a) shall be administered as if made available under chapter 1 
        of title 23, United States Code, and a project carried out 
        under this section shall be treated as a project on a Federal-
        aid highway under such chapter.
            (2) Grants to states.--Funds made available under 
        subsection (a) administered by or through a State department of 
        transportation shall be expended in compliance with the 
        requirements of part 26 of title 49, Code of Federal 
        Regulations.
    (g) Cost Share.--The Federal share of the cost of an activity 
carried out using a grant awarded under this section shall be not more 
than 80 percent, except that the Federal share of the cost of a project 
in a disadvantaged or underserved community may be up to 100 percent.
    (h) Limitations.--Funds made available under this section shall 
not--
            (1) be subject to any restriction or limitation on the 
        total amount of funds available for implementation or execution 
        of programs authorized for Federal-aid highways; and
            (2) be used for a project for additional through travel 
        lanes for single-occupant passenger vehicles.

SEC. 110004. FEDERAL HIGHWAY ADMINISTRATION SECTION 202 FUNDS.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $1,000,000,000, to remain 
available until September 30, 2026, to the Administrator of the Federal 
Highway Administration for the purposes described under section 202 of 
title 23, United States Code.
    (b) Distribution of Funds.--The Administrator of the Federal 
Highway Administration shall administer amounts made available under 
subsection (a) as if allocated under section 202 of title 23, United 
States Code.
    (c) Limitation.--Funds made available under this section shall not 
be subject to any restriction or limitation on the total amount of 
funds available for implementation or execution of programs authorized 
for Federal-aid highways.

SEC. 110005. TERRITORIAL HIGHWAY PROGRAM FUNDING.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $320,000,000, to remain available 
until September 30, 2026, to the Administrator of the Federal Highway 
Administration for the purposes described under section 165(c) of title 
23, United States Code.
    (b) Administration of Funds.--The Administrator of the Federal 
Highway Administration shall administer amounts made available under 
subsection (a) as if allocated under section 165(c) of title 23, United 
States Code.
    (c) Limitation.--Funds made available under this section shall not 
be subject to any restriction or limitation on the total amount of 
funds available for implementation or execution of programs authorized 
for Federal-aid highways.

SEC. 110006. TRAFFIC SAFETY CLEARINGHOUSE.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any funds in the 
Treasury not otherwise appropriated, $100,000,000 to remain available 
until September 30, 2026, for the Administrator of the National Highway 
Traffic Safety Administration to make 1 or more grants, cooperative 
agreements, or contracts with 1 or more qualified institutions to--
            (1) operate a national clearinghouse for fair and equitable 
        traffic safety enforcement programs;
            (2) research and develop systems for States to collect 
        traffic safety enforcement data and provide technical 
        assistance to States collecting such data, including the 
        sharing of data to a national database;
            (3) develop recommendations and best practices to help 
        States collect and use traffic safety enforcement data to 
        promote equity and reduce traffic-related fatalities and 
        injuries; and
            (4) develop information and educational programs on 
        implementing equitable traffic safety enforcement best 
        practices to assist States and local communities.
    (b) Administration.--Not more than 5 percent of the amounts made 
available under this section may be used for salaries, expenses, and 
administration of the National Highway Traffic Safety Administration.

SEC. 110007. AUTOMATED VEHICLES AND MOBILITY INNOVATION.

    In addition to amounts otherwise made available, there is 
appropriated for fiscal year 2022, out of any funds in the Treasury not 
otherwise appropriated, $8,000,000, to remain available until September 
30, 2026, to the Secretary of Transportation to make a grant to a 
qualified institution of higher education to--
            (1) operate a national highly automated vehicle and 
        mobility innovation clearinghouse;
            (2) collect, conduct, and support research on the secondary 
        and societal impacts of highly automated vehicles and mobility 
        innovation on the built environment; and
            (3) disseminate and make such research available on a 
        public website to assist communities.

SEC. 110008. LOCAL TRANSPORTATION PRIORITIES.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated to the Secretary of Transportation for fiscal 
year 2022, out of any funds in the Treasury not otherwise appropriated, 
$6,000,000,000 to remain available until September 30, 2026, for 
projects to advance local surface transportation priorities.
    (b) Davis Bacon Requirement.--
            (1) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with assistance made available under this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a character similar in the locality as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code.
            (2) Authority and functions.--With respect to the labor 
        standards specified in this subsection, the Secretary of Labor 
        shall have the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
        U.S.C. App.) and section 3145 of title 40, United States Code.

SEC. 110009. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EMISSIONS 
              REDUCTION GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Transportation for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$10,000,000,000, to remain available until September 30, 2026, for 
financial assistance under chapter 261 of title 49, United States Code, 
to eligible entities for eligible projects.
    (b) Allocation.--Of the funds provided pursuant to subsection (a), 
not less than 10 percent shall be used for eligible projects as 
described under subsection (e)(1)(A).
    (c) Federal Share.--For any financial assistance provided pursuant 
to this section, the Federal share may not exceed 90 percent of the 
total cost of the eligible project.
    (d) Oversight.--Not more than 1 percent of the amounts made 
available under subsection (a) shall be for the use of the Secretary of 
Transportation for the costs of award and project management of 
financial assistance provided under this section.
    (e) Definitions.--In this section:
            (1) Eligible project.--The term ``eligible project'' 
        means--
                    (A) a planning project for high-speed rail corridor 
                development that consists of planning activities 
                eligible to receive financial assistance under section 
                26101(b) of title 49, United States Code; or
                    (B) a capital project for high-speed rail corridor 
                development that--
                            (i) directly serves rail stations within 
                        urban areas, as published by the Bureau of the 
                        Census, that are located in close proximity to 
                        a census tract, as published by the Bureau of 
                        the Census, within the urban area that has a 
                        greater population density than the urban area 
                        as a whole; and
                            (ii) is eligible to receive financial 
                        assistance for a capital project, as defined in 
                        section 26106(b)(3) of title 49, United States 
                        Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an entity eligible to receive financial 
                assistance under section 26101 of title 49, United 
                States Code; or
                    (B) an applicant eligible to receive a grant under 
                section 26106 of title 49, United States Code.
            (3) High-speed rail.--The term ``high-speed rail'' means 
        non-highway ground transportation that is owned or operated by 
        an eligible entity and reasonably expected to reach speeds of 
        160 miles per hour or more on shared-use right-of-way or 186 
        miles per hour or more on dedicated right-of-way.
            (4) Corridor.--The term ``corridor'' means an existing, 
        modified, or proposed intercity passenger rail service, as 
        defined in section 26106(b) of title 49, United States Code.

SEC. 110010. RAILROAD REHABILITATION INFRASTRUCTURE AND FINANCING 
              CREDIT RISK PREMIUM ASSISTANCE.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Secretary of Transportation, out of any 
money in the Treasury not otherwise appropriated, $150,000,000, in 
fiscal year 2022, to remain available until September 30, 2026, to 
provide credit risk premium assistance to eligible entities through the 
railroad rehabilitation infrastructure and financing program 
established by title V of the Railroad Revitalization and Regulatory 
Reform Act of 1976.
    (b) Eligible Entities.--For purposes of this section, eligible 
entities shall include--
            (1) railroad carriers as defined in section 20102 of title 
        49, United States Code;
            (2) State or local governments; or
            (3) government-sponsored authorities or corporations.
    (c) Allocation.--
            (1) Public passenger rail projects.--Not less than 50 
        percent of the amounts appropriated under subsection (a) shall 
        be set aside for publicly owned or operated passenger rail 
        projects.
            (2) Freight railroads.--Not less than 25 percent of the 
        amounts appropriated under subsection (a) shall be set aside 
        for freight railroads that are not Class I railroads.

SEC. 110011. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY 
              PROGRAM.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $1,000,000,000, to remain 
available until September 30, 2026, for the Secretary of Transportation 
to provide grants to, and enter into cost-sharing agreements with, 
eligible entities to carry out projects located in the United States 
that--
            (1) develop, demonstrate, or apply low-emission aviation 
        technologies; or
            (2) produce, transport, blend, or store sustainable 
        aviation fuels that would reduce greenhouse gas emissions 
        attributable to the operation of aircraft that have fuel uplift 
        in the United States.
    (b) Selection.--In carrying out subsection (a), the Secretary shall 
consider, with respect to a proposed project--
            (1) the anticipated public benefits of the project;
            (2) the potential to increase the domestic production and 
        deployment of sustainable aviation fuel or the use of low-
        emission aviation technologies among the United States 
        commercial aviation and aerospace industry;
            (3) the potential for creating new jobs in the United 
        States;
            (4) the potential the project has to reduce or displace, on 
        a lifecycle basis, United States greenhouse gas emissions 
        associated with air travel;
            (5) the proposed utilization of non-Federal cost-share 
        contributions;
            (6) for projects related to the production of sustainable 
        aviation fuel, the potential net greenhouse gas emissions 
        impact of such fuel on a lifecycle basis, which shall include 
        feedstock, fuel production, and potential direct and indirect 
        greenhouse gas emissions (including resulting from changes in 
        land use);
            (7) how the project will strengthen the leadership of the 
        United States in either sustainable aviation fuels or in low-
        emission aviation technologies;
            (8) the benefits of ensuring a diversity of feedstocks for 
        sustainable aviation fuel, including the use of waste carbon 
        oxides and direct air capture;
            (9) the potential for partnerships with relevant supply 
        chain stakeholders for sustainable aviation fuel;
            (10) the potential to leverage existing industrial 
        infrastructure to accelerate the deployment of sustainable 
        aviation fuels;
            (11) aeronautical construction and design improvements that 
        result in more efficient aircraft, including new aircraft 
        architectures, innovative propulsion integration, and high-
        performance lightweight materials;
            (12) more efficient aircraft engines, including innovative 
        engine architectures, hybrid-electric engines, and all-electric 
        engines suitable for fully or partially powering aircraft 
        operations; and
            (13) air traffic management and navigation technologies 
        that permit more efficient flight patterns.
    (c) Funding Distribution.--Of the amount made available under 
subsection (a), 30 percent of such amount shall be awarded for projects 
described in subsection (a)(1) and 70 percent of such amount shall be 
awarded for projects described in subsection (a)(2).
    (d) Federal Cost Share.--The Secretary shall determine a higher 
Federal share of project costs for any cost-share agreement or grant 
awarded to any eligible recipient for a project under subsection (a) 
that involves a low-emission aviation technology that exceeds a 20 
percent reduction in fuel burn compared to current best in class 
aircraft or a sustainable aviation fuel that substantially exceeds a 50 
percent lifecycle greenhouse gas emission reduction compared to 
conventional jet fuels.
    (e) Program Requirements.--As a condition of receiving funds under 
this section, the Secretary may approve an award under this section 
only if the Secretary has received written assurances from the 
recipient that--
            (1) any low-emission aviation technology that is funded or 
        is part of a project funded by a grant under subsection (a)(1) 
        is produced in the United States;
            (2) any sustainable aviation fuel that is part of a project 
        funded by a grant under subsection (a)(2) is--
                    (A) produced in the United States; and
                    (B) is not derived from feedstocks that are 
                developed through practices that threaten mass 
                deforestation, harm biodiversity, or otherwise promote 
                environmentally unsustainable processes; and
            (3) the recipient of grant funding has adequately 
        considered the environmental justice and equity impacts of any 
        project on underserved communities.
    (f) Development Projects.--Section 47112(a) of title 49, United 
States Code, is amended by inserting ``or labor for a project funded 
under section 110011 of the Act entitled `An Act to provide for 
reconciliation pursuant to title II of S. Con. Res. 14''' after ``this 
subchapter''.
    (g) Administrative Expenses.--The Secretary may retain up to 1 
percent of the funds provided under this section to fund the award of, 
and oversight by the Secretary of, grants made under this section.
    (h) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or local government other than an 
                airport sponsor;
                    (B) an air carrier;
                    (C) an airport sponsor;
                    (D) an accredited institution of higher education;
                    (E) a person or entity engaged in the production, 
                transportation, blending or storage of sustainable 
                aviation fuel or feedstocks that could be used to 
                produce sustainable aviation fuel;
                    (F) a person or entity engaged in the development, 
                demonstration, or application of low-emission aviation 
                technologies; or
                    (G) nonprofit entities or nonprofit consortia with 
                experience in sustainable aviation fuel, low-emission 
                technology, or other clean transportation research 
                programs.
            (2) Low-emission aviation technology.--The term ``low-
        emission aviation technology'' means technologies that 
        significantly--
                    (A) improve aircraft fuel efficiency;
                    (B) increase utilization of sustainable aviation 
                fuels; or
                    (C) reduce greenhouse gas emissions produced during 
                operation of civil aircraft.
            (3) Sustainable aviation fuel.--The term ``sustainable 
        aviation fuel'' means liquid fuel that--
                    (A) consists of synthesized hydrocarbons;
                    (B) meets the requirements of--
                            (i) ASTM International Standard D7566; or
                            (ii) the co-processing provisions of ASTM 
                        International Standard D1655, Annex A1 (or such 
                        successor standard);
                    (C) is derived from biomass (as such term is 
                defined in section 45K(c)(3) of the Internal Revenue 
                Code of 1986), waste streams, renewable energy sources 
                or gaseous carbon oxides;
                    (D) is not derived from palm fatty acid 
                distillates; and
                    (E) achieves at least a 50 percent lifecycle 
                greenhouse gas emissions reduction in comparison with 
                petroleum-based jet fuel, as determined by a test that 
                shows--
                            (i) the fuel production pathway achieves at 
                        least a 50 percent reduction of the aggregate 
                        attributional core lifecycle greenhouse gas 
                        emissions and the induced land use change 
                        values under the lifecycle methodology for 
                        sustainable aviation fuel adopted by the 
                        International Civil Aviation Organization for 
                        the Carbon Offsetting and Reduction Scheme for 
                        International Aviation with the agreement of 
                        the United States; or
                            (ii) the fuel production pathway achieves 
                        at least a 50 percent reduction of the 
                        aggregate attributional core lifecycle 
                        greenhouse gas emissions values under another 
                        methodology that the Secretary, in consultation 
                        with the Administrator of the Environmental 
                        Protection Agency, determines is--
                                    (I) reflective of the latest 
                                scientific understanding of lifecycle 
                                greenhouse gas emissions; and
                                    (II) as stringent as the 
                                requirement under clause (i).
    (i) Time Limit for Adoption of New Sustainable Aviation Fuel 
Emissions Reduction Test.--For purposes of clause (ii) of subsection 
(h)(3)(E), the Secretary, in consultation with the Administrator of the 
Environmental Protection Agency, shall, not later than 2 years after 
the date of the enactment of this section, adopt at least 1 methodology 
for testing lifecycle greenhouse gas emissions that meets the 
requirements of such clause.

SEC. 110012. IMPLEMENTATION OF THE CARBON OFFSETTING AND REDUCTION 
              SCHEME FOR INTERNATIONAL AVIATION.

    (a) In General.--In addition to amounts otherwise made available, 
there is appropriated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $6,000,000, to remain available 
until September 30, 2026, for the Secretary of Transportation to ensure 
the United States complies with its obligations with respect to volume 
IV of annex 16 to the Convention on International Civil Aviation (61 
Stat. 1180) (``Carbon Offsetting and Reduction Scheme for International 
Aviation'', hereinafter ``CORSIA'').
    (b) Regulations.--
            (1) In general.--The Secretary shall issue regulations with 
        requirements to ensure the United States complies with the 
        obligations referenced in subsection (a), including 
        requirements for operators of civil aircraft of the United 
        States with respect to--
                    (A) monitoring, reporting, and verifying quantities 
                of carbon emissions covered under the CORSIA, 
                cancelling eligible emissions units and reporting and 
                verifying such cancellations, and reporting use of 
                CORSIA eligible fuels; and
                    (B) submission of such information as the Secretary 
                determines is necessary with respect to implementation 
                of the CORSIA.
            (2) Standards and recommended practices.--Regulations 
        issued under this subsection shall be consistent with 
        applicable standards and recommended practices published in 
        volume IV of annex 16 to the Convention on International Civil 
        Aviation (61 Stat. 1180) and associated implementation 
        elements, adopted by the International Civil Aviation 
        Organization prior to enactment of this Act, and any amendments 
        or updates to such standards and related documents with which 
        the United States concurs.
    (c) Reports.--Not later than December 31, 2022, and every 3 years 
thereafter, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Technology of the Senate a 
report assessing the compliance of operators of civil aircraft 
registered in the United States with regulations issued under this 
section as well as the standards and recommended practices referenced 
in subsection (b)(2), as applicable.

SEC. 110013. ASSISTANCE TO UPDATE AND ENFORCE HAZARD RESISTANT CODES 
              AND STANDARDS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $291,000,000, to remain available until 
expended, to the Administrator of the Federal Emergency Management 
Agency to carry out activities described in section 203(i) of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5133(i)), notwithstanding section 203(f)(2) of such Act (42 
U.S.C. 5133(f)(2)), including for activities and grants that provide 
technical assistance and capacity building for State, local, Indian 
Tribal, or territorial governments for establishing, implementing, and 
carrying out enforcement activities of the latest published editions of 
relevant performance-based and consensus-based codes, specifications, 
and standards that incorporate hazard-resistant designs and the latest 
requirements for the maintenance and inspection of existing buildings 
to address hazard risk.
    (b) Cost Share.--The Federal share of the assistance provided in 
this section shall be 100 percent.
    (c) Administration.--In addition to amounts made available for 
administrative expenses under section 205(d)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5135(d)(2)), there is appropriated for fiscal year 2022, out of any 
money in the Treasury not otherwise available, $9,000,000 to the 
Administrator of the Federal Emergency Management Agency, to remain 
available until expended, for administration of this section.

SEC. 110014. HAZARD MITIGATION REVOLVING LOAN FUND.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $495,000,000, to remain available until 
expended, to the Administrator of the Federal Emergency Management 
Agency for the establishment and carrying out of hazard mitigation 
revolving loan fund grants under section 205 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135).
    (b) Administration.--In addition to amounts made available for 
administrative expenses under section 205(d)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5135(d)(2)), there is appropriated for fiscal year 2022, out of any 
money in the Treasury not otherwise available, $5,000,000 to the 
Administrator of the Federal Emergency Management Agency, to remain 
available until expended, for administration of this section.

SEC. 110015. UPGRADING PUBLIC ALERT AND WARNING.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $24,000,000, to remain available until 
September 30, 2024, to the Administrator of the Federal Emergency 
Management Agency to upgrade the Integrated Public Alert and Warning 
System for implementation of the Next Generation Warning System.
    (b) Assistance to Certain Entities.--In carrying out subsection 
(a), the Administrator of the Federal Emergency Management Agency is 
authorized to issue noncompetitive, risk-informed financial assistance 
to public broadcasting entities, as defined in section 397 of the 
Communications Act of 1934 (47 U.S.C. 397).
    (c) Administration.--In addition to amounts made available for 
administrative expenses under section 205(d)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5135(d)(2)), there is appropriated for fiscal year 2022, out of any 
money in the Treasury not otherwise available, $1,000,000 to the 
Administrator of the Federal Emergency Management Agency, to remain 
available until September 30, 2026, for administration of this section.

SEC. 110016. FEDERAL ASSISTANCE FOR EMERGENCY MANAGERS.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $412,000,000, to remain available until 
expended, to the Administrator of the Federal Emergency Management 
Agency for grants for construction, retrofit, technological 
enhancement, and updated requirements of State, local, Indian Tribal, 
and territorial emergency operations centers under section 614 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196c). A State may provide grant funds under this subsection to 
local governments and Tribal governments to carry out the activities 
for which such funds are provided.
    (b) Administration.--In addition to amounts made available for 
administrative expenses under section 205(d)(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5135(d)(2)), there is appropriated for fiscal year 2022, out of any 
money in the Treasury not otherwise available, $13,000,000 to the 
Administrator of the Federal Emergency Management Agency, to remain 
available until expended, for administration of this section.
    (c) Limitation.--The amount of a project under a grant provided 
under this section may not exceed $4,000,000.
    (d) Code Compliance.--In using funds under subsection (a), a grant 
recipient shall act in compliance with the latest published editions of 
relevant consensus-based codes, specifications, and standards that 
incorporate the latest hazard resistant designs and establish minimum 
acceptable criteria for the design, construction, and maintenance of 
structures and facilities for the purpose of protecting the health, 
safety, and general welfare of the building users against disasters.

SEC. 110017. FEMA PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $200,000,000, to remain available until September 30, 
2026, to the Administrator of the Federal Emergency Management Agency 
for the construction, renovation, retrofit, technological enhancement, 
and updated requirements of Federal emergency training centers and 
Federal emergency operations centers.

SEC. 110018. ECONOMIC DEVELOPMENT ADMINISTRATION.

    (a) Economic Development Assistance for Regional Economic Growth 
Clusters.--In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $4,000,000,000, to remain available until 
September 30, 2027, to the Secretary of Commerce for grants under 
section 209 of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3149) to develop regional economic growth clusters, subject 
to the condition that sections 204 and 301 of such Act (42 U.S.C. 3144 
and 3161) shall not apply to grants made with amounts made available 
under this subsection.
    (b) Economic Adjustment Assistance.--In addition to amounts 
otherwise available, there is appropriated for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, $1,000,000,000, 
to remain available until September 30, 2027, to the Secretary of 
Commerce for economic adjustment assistance as authorized by section 
209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 
3149), of which--
            (1) $500,000,000 shall be to provide assistance to energy 
        and industrial transition communities, including coal, oil and 
        gas, and nuclear transition communities; and
            (2) $50,000,000 shall be to provide grants for project 
        predevelopment and capacity building activities, including 
        activities relating to the writing of grant applications 
        (consistent with section 213 of such Act (42 U.S.C. 3153)) and 
        stipends to local community organizations for planning 
        participation, community outreach and engagement activities, 
        subject to the conditions that--
                    (A) sections 204 and 301 of such Act (42 U.S.C. 
                3144 and 3161) shall not apply to grants made with 
                amounts made available under this paragraph; and
                    (B) not less than 50 percent of the amounts made 
                available under this paragraph shall be for activities 
                that are carried out in underserved communities.
    (c) Grants for Public Works and Economic Development.--In addition 
to amounts otherwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$500,000,000, to remain available until September 30, 2027, to the 
Secretary of Commerce for public works projects as authorized by 
section 201 of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3141).
    (d) Administration.--Not more than 3 percent of the amounts made 
available under this section shall be used for the administrative costs 
of carrying out this section.

SEC. 110019. RECOMPETE PILOT PROGRAM.

    (a) Economic Development Administration Appropriation.--In addition 
to amounts otherwise available, there is appropriated for fiscal year 
2022, out of any money in the Treasury not otherwise appropriated, 
$4,000,000,000, to remain available until September 30, 2031, to the 
Department of Commerce for economic adjustment assistance as authorized 
by section 209 of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3149) to establish a pilot program, to be known as the 
``Recompete Pilot Program'', to provide grants to specified entities to 
carry out activities in eligible areas and Tribal lands for which a 
specified entity has jurisdiction or otherwise serves to support local 
labor markets, local communities, and Tribal governments to alleviate 
persistent economic distress and labor market dislocation, except that 
sections 204 and 301 of such Act shall not apply to a grant provided 
under this section.
    (b) Term.--A grant shall have a term of 10 fiscal years and be 
disbursed at such time and in such manner as determined by the 
Secretary of Commerce in accordance with benchmarking requirements 
established by the Secretary.
    (c) Use of Funds.--Of the funds provided by this section--
            (1) not less than $3,855,000,000 shall be used for grants 
        to be awarded to at least 15 specified entities representing 
        eligible areas to carry out activities described in a recompete 
        plan approved by the Secretary of Commerce;
            (2) not more than $25,000,000 may be used for planning and 
        technical assistance grants to be awarded to not more than 50 
        specified entities representing eligible areas to develop a 
        recompete plan and carry out predevelopment activities; and
            (3) not more than 3 percent shall be used for the 
        administrative costs of carrying out this section.
    (d) Limitations.--
            (1) Eligible areas.--An eligible area may not benefit from 
        more than 1 grant and 1 grant described in subsection (c)(2).
            (2) Limitation on recipients.--For purposes of the program 
        under this section, a specified entity may not receive a grant 
        on behalf of more than 1 eligible area.
    (e) Maximum Award Amount.--In determining the maximum amount of a 
grant that a specified entity may be awarded, the Secretary shall use 
the product obtained by multiplying--
            (1) the prime-age employment gap of the eligible area;
            (2) the prime-age population of the eligible area; and
            (3) either--
                    (A) $70,585 for local labor markets; or
                    (B) $53,600 for local communities.
    (f) Definitions.--In this section:
            (1) Eligible area.--The term ``eligible area'' means either 
        of the following:
                    (A) A local labor market that--
                            (i) has a prime-age employment gap equal to 
                        not less than 2.5 percent; and
                            (ii) meets additional criteria as the 
                        Secretary may establish.
                    (B) A local community that--
                            (i) has a prime-age employment gap equal to 
                        not less than 5 percent;
                            (ii) is not located within an eligible 
                        local labor market that meets the criteria 
                        described in subparagraph (A); and
                            (iii) has a median annual household income 
                        of not more than $75,000.
            (2) Local labor market.--The term ``local labor market'' 
        means any of the following areas that contains 1 or more 
        specified entities described in subparagraphs (A) through (D) 
        of paragraph (5):
                    (A) A commuting zone, as defined by the Economic 
                Research Service of the Department of Agriculture, 
                excluding all core-based statistical areas within the 
                commuting zone described in subparagraph (B).
                    (B) Subject to subparagraph (C), if 1 or more 
                discrete metropolitan statistical areas or micropolitan 
                statistical areas, as defined by the Office of 
                Management and Budget (collectively referred to as 
                ``core-based statistical areas''), exists within a 
                commuting zone described in subparagraph (A), each such 
                core-based statistical area.
                    (C) If the remaining area of a commuting zone 
                described in subparagraph (A), excluding all core-based 
                statistical areas within the commuting zone described 
                in subparagraph (B), contains 1 or fewer counties and 
                has a population of 7,500 or fewer residents, that 
                remaining area combined with an adjacent core-based 
                statistical area within the commuting zone.
                    (D) The Tribal land with a Tribal prime-age 
                population represented by a Tribal government.
            (3) Local community.--The term ``local community'' means 
        the area served by a specified entity described in 
        subparagraphs (A) through (C) of paragraph (5) that--
                    (A)(i) is located within a local labor market or 
                partial local labor market that is not eligible; or
                    (ii) is not coexistent with, or encompassing the 
                entirety of, a local labor market; and
                    (B) meets such additional criteria, including a 
                minimum population requirement, as the Secretary may 
                establish.
            (4) Prime-age employment gap.--
                    (A) In general.--The term ``prime-age employment 
                gap'' means the difference (expressed as a percentage) 
                between--
                            (i) the national 5-year average prime-age 
                        employment rate; and
                            (ii) the 5-year average prime-age 
                        employment rate of the eligible area.
                    (B) Calculation.--For the purposes of subparagraph 
                (A), an individual is prime-age if such individual 
                between the ages of 25 years and 54 years.
            (5) Recompete plan.--The term ``recompete plan'' means a 
        comprehensive 10-year economic development plan that--
                    (A) includes--
                            (i) proposed programs and activities to be 
                        carried out with a grant awarded under this 
                        section to address the economic challenges of 
                        the eligible area in a manner that promotes 
                        long-term, sustained economic growth and 
                        reduction in the prime-age employment gap of 
                        the eligible area;
                            (ii) projected costs and annual 
                        expenditures and proposed disbursement 
                        schedule; and
                            (iii) other information as the Secretary 
                        determines appropriate;
                    (B) is developed by a specified entity that is the 
                recipient of a planning and technical assistance grant 
                described in subsection (c)(2); and
                    (C) is submitted to the Secretary for approval for 
                a specified entity to be considered for a grant under 
                this section.
            (6) Specified entity.--The term ``specified entity'' 
        means--
                    (A) a unit of local government;
                    (B) the District of Columbia;
                    (C) a territory or possession of the United States;
                    (D) a Tribal government;
                    (E) a State-authorized political subdivision or 
                other entity, including a special-purpose entity 
                engaged in economic development activities;
                    (F) a public entity or nonprofit organization, 
                acting in cooperation with the officials of a political 
                subdivision or entity described in subparagraph (E);
                    (G) an economic development district (as defined in 
                section 3 of the Public Works and Economic Development 
                Act of 1965 (42 U.S.C. 3122); and
                    (H) a consortium of any of the specified entities 
                described in this paragraph which serve or are 
                contained within the same eligible area.
            (7) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, community, 
        component band, or component reservation, individually 
        identified (including parenthetically) in the list published by 
        the Bureau of Indian Affairs on January 29, 2021, pursuant to 
        section 104 of the Federally Recognized Indian Tribe List Act 
        of 1994 (25 U.S.C. 5131).
            (8) Tribal land.--The term ``Tribal land'' means any land--
                    (A) any land located within the boundaries of an 
                Indian reservation, pueblo, or rancheria; or
                    (B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            (i) in trust by the United States for the 
                        benefit of an Indian Tribe or an individual 
                        Indian;
                            (ii) by an Indian Tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            (iii) by a dependent Indian community.
            (9) Tribal prime-age population.--
                    (A) In general.--The term ``Tribal prime-age 
                population'' shall be equal to the sum obtained by 
                adding--
                            (i) the product obtained by multiplying--
                                    (I) the total number of individuals 
                                ages 25 through 54 residing on the 
                                Tribal land of the Tribal government; 
                                and
                                    (II) 0.65; and
                            (ii) the product obtained by multiplying--
                                    (I) the total number of individuals 
                                ages 25 through 54 included on the 
                                membership roll of the Tribal 
                                government; and
                                    (II) 0.35.
                    (B) Use of date.--A calculation under subparagraph 
                (A) shall be determined based on data provided by the 
                applicable Tribal government to the Department of the 
                Treasury under the Coronavirus State and Local Fiscal 
                Recovery Fund programs under title VI of the Social 
                Security Act (42 U.S.C. 801 et seq.).

SEC. 110020. ASSISTANCE FOR FEDERAL BUILDINGS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any funds in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until September 30, 
2031, to be deposited in the Federal Buildings Fund established under 
section 592 of title 40, United States Code, for measures necessary to 
convert facilities of the Administrator of General Services to high-
performance green buildings (as defined in section 401 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17061)).

SEC. 110021. TECHNOLOGY INNOVATION AND CLIMATE RESILIENCE IN MARITIME 
              SECTOR.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $100,000,000, to remain available until September 30, 
2027, to the Maritime Administration, for the maritime environmental 
and technical assistance program under section 50307 of title 46, 
United States Code, to reduce carbon emissions, reduce vessel noise 
pollution, and improve the climate resiliency of the marine shipping 
and the maritime industry.

SEC. 110022. CLIMATE RESILIENT COAST GUARD INFRASTRUCTURE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until September 30, 
2031, to the account under the heading ``Coast Guard Procurement, 
Construction, and Improvements'', for the acquisition, design, and 
construction of new, or replacement of existing, climate resilient 
facilities, including personnel readiness facilities such as family 
support services facilities, that are threatened by or have been 
impacted by climate change, as authorized under sections 504(e) and 
1101(b)(1) of title 14, United States Code. The Coast Guard shall 
return to the Treasury any funds appropriated under this section that 
have not been expended by September 30, 2031.

SEC. 110023. GREAT LAKES ICEBREAKER ACQUISITION.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of funds in the Treasury not otherwise 
appropriated, $350,000,000, to remain available until September, 30, 
2031, to the Coast Guard, for acquisition, design, and construction of 
a Great Lakes heavy icebreaker, as authorized under section 8107 of the 
William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116-283). The Coast Guard shall return to 
the Treasury any funds appropriated under this section that have not 
been expended by September 30, 2031.

SEC. 110024. POLAR SECURITY CUTTERS AND CLIMATE SCIENCE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $788,000,000, to remain available until September 30, 
2031, to the Coast Guard, for the acquisition of the fourth heavy Polar 
Security Cutter, including scientific laboratory and berthing 
facilities, to expand access for scientists to the polar regions, to 
improve climate and weather research, for other polar missions, and for 
other purposes, as authorized under section 561 of title 14, United 
States Code.

SEC. 110025. SMALL SHIPYARD GRANTS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $300,000,000, to remain available until September 30, 
2027, to the Maritime Administration for the purposes of making grants 
under the assistance for small shipyards program, as authorized by 
section 54101 of title 46, United States Code, to improve the climate 
resiliency and environmental sustainability of the maritime industry 
and maritime transportation system, including workforce training and 
equipment acquisition projects that improve the efficiency of shipyard 
operations, vessel construction and vessel repair. The deadlines 
established in paragraphs (2) and (3) of subsection (b) and paragraph 
(1) of subsection (f) of section 54101 of such title shall not apply to 
amounts made available in this section, and the Secretary of 
Transportation may carry out multiple rounds of competition.

SEC. 110026. PORT INFRASTRUCTURE AND SUPPLY CHAIN RESILIENCE.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $2,500,000,000, to remain available until September 30, 
2027, to the Maritime Administration for the purposes of making grants 
for projects to support supply chain resilience, reduction in port 
congestion, the development of offshore wind support infrastructure, 
and environmental remediation, projects to reduce the impact of ports 
on the environment, and for other purposes. Such grants shall be 
administered in accordance with the requirements applicable to grants 
under section 50302 of title 46, United States Code. The deadlines 
established in paragraph (5) of subsection (c) of section 50302 of such 
title shall not apply to amounts made available in this section, and 
the Secretary of Transportation may carry out multiple rounds of 
competition. The Maritime Administration shall return to the Treasury 
any funds appropriated under this section that have not been expended 
by September 30, 2031.

SEC. 110027. GRANTS FOR RURAL, SMALL, TRIBAL, AND ECONOMICALLY 
              DISADVANTAGED MUNICIPALITY TECHNICAL ASSISTANCE AND 
              CIRCUIT RIDER PROGRAMS AND WORKFORCE DEVELOPMENT.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$495,000,000, to remain available until expended, for the Administrator 
of the Environmental Protection Agency--
            (1) to provide technical assistance to rural, small, 
        Tribal, and economically disadvantaged municipalities for the 
        purposes identified in subsection (b)(8) of section 104 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1254); and
            (2) for grants for manpower development and training and 
        retraining of workforce employees of publicly owned treatment 
        works in accordance with subsection (g) of such section.
    (b) Determination of Economic Disadvantage.--In determining whether 
a municipality is economically disadvantaged for the purposes of this 
section, the Administrator shall, to the maximum extent practicable, 
take into consideration--
            (1) the criteria under paragraph (1) or (2) of section 
        301(a) of the Public Works and Economic Development Act of 1965 
        (42 U.S.C. 3161); and
            (2) any affordability criteria established by the State in 
        which the municipality is located pursuant to section 603(i)(2) 
        or 221(c) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(i)(2); 1301(c)).

SEC. 110028. ALTERNATIVE WATER SOURCE PROJECT GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$125,000,000, to remain available until expended, for carrying out 
section 220 of the Federal Water Pollution Control Act (33 U.S.C. 
1300), in accordance with subsection (b), which funds may be used to 
make grants under such section on the condition that--
            (1) a project carried out using such funds shall, to the 
        maximum extent practicable, maximize the avoidance, 
        minimization, or mitigation of climate change impacts on, and 
        of, any constructed part of the project (including through the 
        implementation of technologies to recover and reuse energy 
        produced in the treatment of wastewater); and
            (2) all of the iron and steel used in the project are 
        produced in the United States in accordance with section 608 of 
        such Act (33 U.S.C. 1388).
    (b) Limitations.--For purposes of subsection (a)--
            (1) the limitation in section 220(d)(1) of the Federal 
        Water Pollution Control Act (as in effect on September 1, 
        2021), as it applies to the receipt of planning or design 
        funds, shall not apply with respect to eligibility for a grant 
        under this section; and
            (2) the requirements of sections 220(d)(2) and (e) of such 
        Act (as in effect on September 1, 2021) shall not apply to the 
        making of a grant under this section.

SEC. 110029. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    (a) General Assistance.--In addition to amounts otherwise 
available, there is appropriated to the Environmental Protection Agency 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated, $1,000,000,000, to remain available until expended, for 
carrying out section 221 of the Federal Water Pollution Control Act (33 
U.S.C. 1301), which funds may be used to make grants under such section 
on the condition that any activity carried out using such funds shall, 
to the maximum extent practicable, maximize the avoidance, 
minimization, or mitigation of climate change impacts on, and of, any 
constructed part of the activity (including through the implementation 
of technologies to recover and reuse energy produced in the treatment 
of wastewater).
    (b) Financially Distressed Communities.--
            (1) Appropriation.--In addition to amounts otherwise 
        available, there is appropriated to the Environmental 
        Protection Agency for fiscal year 2022, out of any money in the 
        Treasury not otherwise appropriated, $1,000,000,000, to remain 
        available until expended, for carrying out section 221 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1301), which 
        funds may be used to make grants under such section to 
        financially distressed communities (as defined in such 
        section), including rural financially distressed communities, 
        on the condition that any activity carried out using such funds 
        shall, to the maximum extent practicable, maximize the 
        avoidance, minimization, or mitigation of climate change 
        impacts on, and of, any constructed part of the activity 
        (including through the implementation of technologies to 
        recover and reuse energy produced in the treatment of 
        wastewater).
            (2) Limitation.--In carrying out paragraph (1), the 
        Administrator of the Environmental Protection Agency may not 
        require a financially distressed community receiving a grant 
        pursuant to this subsection to provide, as a condition of 
        eligibility to receive such grant, a share of the cost of the 
        activity for which the grant was made.

SEC. 110030. INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER TREATMENT 
              SYSTEM GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$450,000,000, to remain available until expended, to make grants, in 
accordance with subsection (b), to States, municipalities, and 
nonprofit entities under the Federal Water Pollution Control Act for 
the construction, repair, or replacement of individual household 
decentralized wastewater treatment systems of eligible individuals (as 
such term is defined in section 603(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1383(j)).
    (b) Priority.--In carrying out subsection (a), the Administrator of 
the Environmental Protection Agency shall prioritize the issuance of 
grants to assist eligible individuals (as such term is defined in 
section 603(j) of the Federal Water Pollution Control Act (33 U.S.C. 
1383(j)) residing in households that are not connected to a system or 
technology designed to treat domestic sewage, including eligible 
individuals using household cesspools.

SEC. 110031. TRIBAL CLEAN WATER GRANTS.

    (a) Appropriation.--In addition to amounts otherwise available, 
there is appropriated to the Environmental Protection Agency for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$500,000,000, to remain available until expended, to make grants, in 
accordance with subsection (b), to Indian tribes and other entities 
described in section 518(c)(3) of the Federal Water Pollution Control 
Act (33 U.S.C. 1377)--
            (1) for--
                    (A) projects and activities eligible for assistance 
                under section 603(c) of such Act (33 U.S.C. 1383); and
                    (B) training, technical assistance, and educational 
                programs related to the operation and management of 
                treatment works eligible for assistance pursuant to 
                such section 603(c); and
            (2) subject to the condition that--
                    (A) any project or activity carried out using such 
                funds shall, to the maximum extent practicable, 
                maximize the avoidance, minimization, or mitigation of 
                climate change impacts on, and of, any constructed part 
                of the project or activity (including through the 
                implementation of technologies to recover and reuse 
                energy produced in the treatment of wastewater); and
                    (B) all of the iron and steel used in any project 
                carried out using such funds are produced in the United 
                States in accordance with section 608 of such Act (33 
                U.S.C. 1388).
    (b) Limitation.--In carrying out subsection (a), the Administrator 
of the Environmental Protection Agency may not require an Indian tribe 
or other entity receiving a grant under this section to provide, as a 
condition of eligibility to receive such grant, a share of the cost of 
the project or activity for which the grant was made.

SEC. 110032. WASTEWATER INFRASTRUCTURE ASSISTANCE TO COLONIAS.

    In addition to amounts otherwise available, there is appropriated 
to the Environmental Protection Agency for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $125,000,000, to 
remain available until expended, for the Administrator of the 
Environmental Protection Agency for carrying out section 307 of the 
Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1281 note; 110 
Stat. 1688), which funds may be used to award grants under such section 
to a border State or municipality with jurisdiction over an eligible 
community (as such terms are defined in such section), on the condition 
that--
            (1) a project carried out using such funds shall, to the 
        maximum extent practicable, maximize the avoidance, 
        minimization, or mitigation of climate change impacts on, and 
        of, any constructed part of the project (including through the 
        implementation of technologies to recover and reuse energy 
        produced in the treatment of wastewater);
            (2) all of the iron and steel used in the project are 
        produced in the United States in accordance with section 608 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1388); and
            (3) an eligible community receiving assistance for such 
        project pursuant to this section shall not be required to 
        provide a share of the costs of carrying out the project.

SEC. 110033. CLEAN WATER NEEDS SURVEY.

    In addition to amounts otherwise available, there is appropriated 
to the Environmental Protection Agency for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, $5,000,000, to remain 
available until expended, for grants to States and municipalities to 
carry out a detailed estimate of the cost of construction of all needed 
publicly owned treatment works pursuant to section 516(b)(1)(B) of the 
Federal Water Pollution Control Act (33 U.S.C. 1375(b)(1)(B)).

SEC. 110034. PROHIBITION ON USE OF FUNDS.

    The Comptroller General of the United States shall provide a report 
to Congress accounting for any equipment provided by the United States 
Coast Guard or the Army Corps of Engineers to any prior regime in 
Afghanistan and that has been left behind in Afghanistan.

SEC. 110035. POLICY OF THE UNITED STATES ON CHILD LABOR.

    It is the policy of the United States that funds made available by 
this title should not be used to purchase products produced whole or in 
part through the use of child labor, as such term is defined in Article 
3 of the International Labor Organization Convention concerning the 
prohibition and immediate action for the elimination of the worst forms 
of child labor (December 2, 2000), or in violation of human rights.

                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 otherwise 
appropriated, $15,200,000,000, to remain available until September 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 consideration 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 follows:
    ``(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 Secretary 
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 veterans.''.
    (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 Department 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 ``September 30, 2026''.

SEC. 12003. MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) Authority to Enter Into Major Medical Facility Leases.--
Paragraph (2) of subsection (a) of section 8104 of title 38, United 
States Code, is amended--
            (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 
Secretary may obligate and expend funds, including for advance planning 
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 facility approved through the General Services 
                Administration under section 3307(a)(2) of title 40 at 
                an average annual rent equal to or greater than the 
                dollar threshold described 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 
Services Administration.''.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to a lease that has not been specifically authorized 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 President 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 submission 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), 
        subsections (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 
        subsections had not been enacted into law.
            (2) Notification.--The Secretary of Veterans Affairs shall 
        submit to Congress and the Law Revision Counsel of the House of 
        Representatives written notification of the date specified in 
        paragraph (1) not later than 30 days before such date.

SEC. 12004. INCREASE IN NUMBER OF HEALTH PROFESSIONS RESIDENCY 
              POSITIONS AT DEPARTMENT OF VETERANS AFFAIRS 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, mental 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 
                establishing or expanding a health professions 
                residency program at the medical facility; or
                    (B) that is located in a community that has a high 
                concentration of veterans or is experiencing a shortage 
                of health care professionals.
    (b) Appropriations.--In addition to amounts otherwise available, 
there is appropriated to the Department of Veterans Affairs for fiscal 
year 2022, out of any money in the Treasury not otherwise appropriated, 
$375,000,000, to remain available until September 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 OFFICE 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 
September 30, 2031, for audits, investigations, and other oversight of 
projects and activities carried out with funds made available to the 
Department of Veterans Affairs.

                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 benefit 
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 
        beginning 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 
        subsection (a) and ending with the month in which ends the 52nd 
        week ending during such period.
            ``(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 
        during 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 
                period,
        and ending with the month in which ends the 52nd week ending 
        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 referred 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 serious health condition.
                    ```(ii) For purposes of clause (i), the term 
                ``qualified family member'' means, with respect to an 
                employee--
                            ```(I) a spouse (including a domestic 
                        partner in a civil union or other registered 
                        domestic partnership recognized 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) that an individual is `unable 
                        to perform the functions of the position of 
                        such employee' because of a serious health 
                        condition as a criterion that the individual is 
                        unable to satisfy the requirements needed to 
                        continue receiving the wages or self-employment 
                        income described in subsection (a)(3) with 
                        respect to the individual 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 
                Secretary shall, by regulation, determine) arising out 
                of the fact that a qualified family member of the 
                employee (as defined 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 
                purposes of subparagraph (A), an activity shall be 
                considered to be engaged in by an individual for 
                monetary compensation if the individual received any 
                form of wage compensation 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 sponsored 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 determined 
                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 sponsored 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 
                engaged in by an individual shall not be considered to 
                be engaged in in lieu of work if the time during which 
                the individual was so engaged constitutes leave from 
                employment for which the individual would be eligible 
                to receive paid family or medical leave benefits under 
                the law of a legacy State (as defined in section 
                2209(b)).
    ``(d) Treatment of Bereavement Leave.--In the case of an activity 
engaged in by an individual in lieu of work for a reason described 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 individual 
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 individual's weekly benefit rate (as 
determined under subsection (b)) multiplied 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 subsection 
        (d)).
    ``(b) Weekly Benefit Rate.--
            ``(1) In general.--For purposes of this section, an 
        individual's weekly benefit rate shall be an amount equal to 
        the sum of--
                    ``(A) 85 percent of the individual's average weekly 
                earnings 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 
                earnings 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 subparagraph by paragraph (2);
                    ``(C) 55 percent of the individual's average weekly 
                earnings 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 subparagraph by paragraph (2);
                    ``(D) 25 percent of the individual's average weekly 
                earnings to the extent that such earnings exceed the 
                amount established for purposes of subparagraph (C) but 
                do not exceed the amount established for purposes of 
                this subparagraph by paragraph (2); and
                    ``(E) 5 percent of the individual's average weekly 
                earnings 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 subparagraph 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 subparagraphs (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 
                period 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 dividing--
                            ``(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 
                subparagraph (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 
        subsection, an individual's average weekly earnings, as 
        calculated by the Secretary, shall be equal to the quotient 
        obtained by dividing--
                    ``(A) the total of the wages and self-employment 
                income received by the individual during the most 
                recent 8-calendar 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 
        Secretary shall also consider any more recent or additional 
        evidence of wages or self-employment income the individual 
        chooses to additionally submit.
    ``(c) Crediting of Caregiving Hours to a Week.--The number of 
caregiving hours of an individual credited to a week as determined 
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 subsection 
        (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 during 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 accordance 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 
        product of 12 multiplied by the number of hours in a regular 
        workweek 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 regularly 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 
information described in subsection (b) and such other information as 
the Secretary may require. Any information contained in an application 
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 preponderance of the 
evidence that information contained in the application or periodic 
benefit claim report is false, except that the Secretary shall 
establish procedures to validate the identity of the individual filing 
the application.
    ``(b) Required Contents of Initial Application.--An application for 
a paid family and medical leave benefit filed by an individual 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 
        certification, issued by a relevant authority determined under 
        regulations 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));
            ``(3) an attestation from the individual that notice of the 
        individual's need to be absent from work during such caregiving 
        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-
        employment 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 Secretary;
            ``(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 described in such section.
In the case of an individual who applies for a paid family and medical 
leave benefit in the anticipation of caregiving hours occurring after 
the date of application, the certification described in paragraph (2), 
the attestation described in paragraph (3), and the evidence 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 
        section 2202, the individual shall file a periodic benefit 
        claim report with the Secretary. Such periodic benefit claim 
        report shall specify the caregiving hours of the individual 
        that occurred 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 
        application 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 sentence of paragraph (1) with respect 
        to each week in the benefit period that ends before such date.
    ``(d) Determinations and Notice Requirements.--
            ``(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 correct 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 evidence of such 
                                wages or self-employment income, 
                                including a statement that eligibility 
                                could change or benefits could increase 
                                if such additional evidence 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 subsection 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 individual's benefit 
                                period; and
                                    ``(VII) the individual's right to 
                                appeal such initial determination in 
                                accordance with the provisions of 
                                section 2205; and
                            ``(ii) in any case in which an individual 
                        submits additional information with respect to 
                        such an application, the Secretary shall 
                        provide an updated notice to the individual 
                        containing the same information provided 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 with the Secretary pursuant to subsection (c), 
                the Secretary shall determine, with respect to an 
                individual for each week ending in a month, the number 
                of caregiving hours to be credited to such week in 
                accordance with section 2203(c).
                    ``(B) Notices.--To ensure payment of benefits in 
                the correct 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 application 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 report 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 determination; and
                            ``(iii) the individual's right to appeal 
                        such determination 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 
        individual'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 
        Secretary 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 respect to 
the number of caregiving hours of an individual to be credited to weeks 
ending in a month, the Secretary shall certify payment to such 
individual of the amount of the paid family and medical leave benefit 
for such month.
    ``(f) Expedited Benefit Payment in Cases of Missing Payment.--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 
        submitted 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 
        employer, or any relevant authority identified under subsection 
        (b)(2). The Secretary shall promptly notify an individual 
        whenever any other person submits such information on the 
        individual'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 
        information submitted to the Secretary with respect to the paid 
        family and medical leave benefits of the individual, including 
        any initial application, periodic benefit claim report, appeal, 
        and any other information submitted in support of such 
        application, report, 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 employer-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 individual; 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 plaintiff does not reside or such principal place of 
        business does not sit within any such judicial district, in the 
        United States District 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, 
        investigation, or other proceeding authorized or directed under 
        this title, the Secretary shall have power to issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence that relates to any matter under 
        investigation 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 required 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--
                    ``(A) by delivering a copy thereof to the 
                individual named therein; or
                    ``(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 
        setting forth the manner of service, or, in the case of service 
        by registered mail or by certified mail, the return post-office 
        receipt 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 requiring 
                such person to appear and give testimony, or to appear 
                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 
                contumacy 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 
arrangements 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 inform 
        the individual of the right to appeal such determination in 
        accordance with the provisions of section 2205. Proper 
        adjustment or recovery shall be made, under regulations 
        prescribed 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 individual of more than the correct 
                        amount, the Secretary 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 
                        ending during such month as determined under 
                        section 2203(a) may not be decreased below the 
                        amount specified in clause (ii) with respect to 
                        such weekly benefit 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 determined under subclause 
                                (II).
                                    ``(II) Applicable dollar amount.--
                                For purposes 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 respect 
                                        to a weekly benefit amount 
                                        determined for a week ending in 
                                        a month in the calendar year 
                                        preceding such calendar year 
                                        or, if larger, 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 
        adjustment or recovery of such amount is waived under paragraph 
        (2), or where adjustment under paragraph (1) is not 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 affecting (A) his initial or continued right to 
                any such benefit, or (B) the initial or continued right 
                to any such benefit 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 benefit 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 receiving, benefits under 
                this title.
                    ``(B) Notice, effective date, and period of 
                exclusion.--
                            ``(i) In general.--An exclusion under this 
                        paragraph 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 regulations consistent with 
                        clause (ii).
                            ``(ii) Effective date.--Such an exclusion 
                        shall be effective with respect to services 
                        furnished to any individual on or after the 
                        effective date of the exclusion. Nothing in 
                        this paragraph may be construed to preclude 
                        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.
                                    ``(II) Previous offense.--In the 
                                case of the exclusion of a person or 
                                entity under subparagraph (A) who has 
                                previously been subject to an exclusion 
                                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 
                Secretary shall--
                            ``(i) promptly notify the appropriate State 
                        or local agency or authority having 
                        responsibility for the licensing 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 authority keep the Secretary fully 
                        and currently informed with respect to any 
                        actions taken in response to the request.
                    ``(D) Notice, hearing, and judicial review.--Any 
                person or entity who is excluded (or directed to be 
                excluded) from participation under this section is 
                entitled to reasonable 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 participation under this paragraph may 
                        apply to the Secretary, 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 termination 
                        of the exclusion effected under this paragraph.
                            ``(ii) Criteria for termination.--The 
                        Secretary may terminate the exclusion if the 
                        Secretary determines, 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 beneficiary under this title or the 
                Secretary to records maintained by any person or entity 
                in connection with services provided to the applicant 
                or beneficiary prior to the exclusion of such person or 
                entity under this paragraph.
                    ``(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 violation under paragraph (1).
    ``(d) Redetermination of Entitlement.--
            ``(1) In general.--
                    ``(A) Procedures.--The Secretary shall immediately 
                redetermine 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 involved in the application of the 
                individual for such benefits, unless a United States 
                attorney, or equivalent State prosecutor, with 
                jurisdiction over potential or actual related criminal 
                cases, certifies, in writing, that there is a 
                substantial risk that such action by the Secretary with 
                regard 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 
                redetermining the entitlement, or making an initial 
                determination of entitlement, of an individual under 
                this title, the Secretary shall disregard any evidence 
                if there is reason to believe that fraud or similar 
                fault was involved in the providing 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 
                material 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 
        pursuant 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 benefits 
        paid on the basis of such insufficient evidence as 
        overpayments.

``SEC. 2207. FUNDING FOR BENEFIT PAYMENTS, GRANTS, AND PROGRAM 
              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) 
        equivalent to the sum of benefits paid (including, in the case 
        of a grant under section 2209, the full cost of administering 
        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 meaning of section 2203(d)), minus
                    ``(B) the number of caregiving hours (as defined in 
                section 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 appropriated, 
out of any funds in the Treasury not otherwise appropriated, such sums 
as may be necessary for the following purposes (including through the 
use of grants or contracts except where otherwise 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 telephone 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 application 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 
        combating fraud, including by issuing regulations to do the 
        following:
                    ``(A) Ensure identity validation of applicants and 
                beneficiaries.
                    ``(B) Verify the professional credentials of 
                relevant authorities who provide certifications 
                pursuant to section 2204(b)(2).
                    ``(C) Ensure the accuracy of any wage and self-
                employment 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 beneficiary.
                    ``(E) Ensure the accuracy of periodic benefit claim 
                reports.
                    ``(F) Provide for post-effectuation quality review 
                of approved claims and quality review of denied claims 
                (which shall not be carried out through the use of 
                grants or contracts).
            ``(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 
        employer-sponsored plan grant program under section 2210.
            ``(7) Costs related to developing systems of records for 
        purposes 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 contracts).
            ``(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 
        eligibility and benefits payable under section 2202, administer 
        the grants in sections 2209 and 2210, and verify such other 
        information as the Secretary determines may be necessary in 
        carrying out the provisions of this title.
            ``(9) Costs related to the training of employees, grantees, 
        and contractors, including training relating to the prevention 
        of discrimination 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 administrators 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 
        process by which their employees may apply for benefits under 
        section 2202; and
            ``(12) Any other costs necessary for the effective 
        administration of this title.

``SEC. 2208. FUNDING FOR OUTREACH, PUBLIC EDUCATION, AND RESEARCH.

    ``(a) Funding for Outreach and Public Education.--There are 
appropriated, out of any funds in the Treasury not otherwise 
appropriated, $150,000,000 for each of fiscal years 2022 through 2026 
for the Secretary to, with respect to benefits provided by the program 
under this title--
            ``(1) engage in a robust program of culturally and 
        linguistically competent education and outreach toward ensuring 
        awareness of and access to such benefits;
            ``(2) provide information to potential beneficiaries 
        regarding eligibility requirements, the claims process, benefit 
        amounts, maximum benefits payable, notice requirements, the 
        appeals process, and nondiscrimination rights, including 
        specific benefit estimates based on the average weekly earnings 
        of a potential beneficiary; and
            ``(3) provide employers with a model notice to be used to 
        inform 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 
        prevention of disparities on the basis of race, color, 
        ethnicity, religion, sex, sexual orientation, gender identity, 
        disability, age, national origin, income, language, job 
        classification, family composition, 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 
                benefits;
                    ``(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 prevent disparities and ensure full access to the 
                benefits provided 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 section 2210 that takes into account the 
                number of individuals receiving benefits, the 
                characteristics of the benefits received, and the 
                patterns of leave-taking under each program;
                    ``(G) the number of employers who received a 
                reimbursement grant under section 2210 and the number 
                of employees of such employers who received paid family 
                and medical 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 LEGACY STATES.

    ``(a) In General.--In each calendar year beginning with 2024, the 
Secretary shall make a grant to each State that, 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), 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 
        consultation 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 administering 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 preceding 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 portion of such preceding calendar year occurring 
        after June 30); or
            ``(2) an amount equal to the total cost of the State paid 
        family 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 provided by such individual's employer; and
                    ``(B) the full cost to the State of administering 
                such program.
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 succeeding calendar 
year, to be adjusted as appropriate in the succeeding calendar year.
    ``(b) Legacy State.--For purposes of this section, the term `legacy 
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 
                benefits--
                            ``(i) for at least 12 full workweeks of 
                        leave during each 12-month period to at least 
                        all of those individuals in the State who would 
                        be eligible for paid family and medical leave 
                        benefits under section 2202 (without regard to 
                        section 2202(c)(2)(D)) during any part of such 
                        calendar year, provided that such State 
                        program--
                                    ``(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 
agreement with the Secretary under which the State shall provide the 
Secretary--
            ``(1) with information, to be provided periodically as 
        determined by the Secretary, concerning individuals who 
        received a paid leave benefit under a State program described 
        in subsection (b), including each individual'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 
        information concerning 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, 
        including 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 
        subsection.
            ``(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 occurs 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 requirements of subsection (c) at least through 
                the first calendar year that begins on or after the 
                date that is 3 years after the date of enactment of 
                this title; and
                    ``(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 subparagraph (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 requirements 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 appropriate 
        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 eligible 
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 determined by the Secretary for such 
                calendar year under subsection (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-insured paid family and medical leave benefit program with 
        respect 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 calendar year (or, in the case of 
                calendar year 2023, during the portion of such calendar 
                year occurring after June 30) multiplied by the number 
                of weeks of leave (up to 12 per individual) paid by the 
                employer for all individuals under 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 
        political subdivision thereof) that is a legacy State for such 
        calendar year under section 2209) that satisfies all of the 
        following 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 calendar year.
                    ``(B) Application; submission of required 
                information.--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 requirements of 
                        subsection (c) and, not later than the 
                        submission deadline specified in paragraph 
                        (2)(B) for such calendar year, provides all 
                        documentation relating 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 medical leave benefit 
                                program referred to in subparagraph (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 
                                remain in effect until the end of such 
                                calendar year); and
                                    ``(II) with respect to each 
                                employee of the employer covered by the 
                                program for such calendar year, the 
                                employee's name, information to 
                                establish the employee's identity, and 
                                in the case of a part-time employee 
                                (for purposes of determining the number 
                                of employees (pro-rated for part-time 
                                employees) covered under the program 
                                for such 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 administering entity) with respect 
                        to paid family and medical leave benefits under 
                        the program described in subparagraph (B)--
                                    ``(I) to provide opportunity for 
                                the employee to appeal such adverse 
                                determination to the employer (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 employee'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 appeal;
                            ``(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).
                    ``(G) Additional assurances.--The employer provides 
                assurances that the employer (or administering 
                entity)--
                            ``(i) will not interfere with, restrain, or 
                        deny the exercise 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 discriminate against, any individual for 
                        opposing any practice prohibited by such 
                        policy.
                    ``(H) Special conditions in the case of certain 
                employers.--
                            ``(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 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)--
                                    ``(I) such employer employs at 
                                least 50 employees 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 benefits 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 
        employer policy that provides for the payment, through one or 
        more employee benefit plans, of family and medical leave 
        benefits, which may be guaranteed through an insurer and which 
        may be administered by an insurer or by another third-party 
        entity, that includes each element in the model template 
        described in paragraph (2), and that provides for each of the 
        following:
                    ``(A) The provision of such benefits to all 
                employees described in subsection (b)(1)(A), regardless 
                of length of service, 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 
                described in subsection (e).
            ``(2) Model template.--Not later than July 1, 2022, the 
        Secretary shall make available to eligible employers a model 
        template 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 receive 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 medical 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 
                related to the receipt of such benefits.
                    ``(F) which must be paid not less frequently than 
                monthly;
                    ``(G) for which applications must be processed and 
                notifications 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 
                application for such benefits shall be presumed to be 
                true and accurate, unless the employer (or 
                administering entity) demonstrates by a preponderance 
                of the evidence that information 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 
        average cost per employee for such calendar year of a paid 
        family and medical leave benefit program that meets the 
        requirements of paragraph (2) (assuming administrative costs no 
        greater than the average or projected average administrative 
        costs of providing benefits under section 2202), taking into 
        account projected benefit levels, duration of benefits, and 
        frequency 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 
        subsection (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 
        August 1, 2023.
            ``(2) Self-insured employers.--A grant paid under this 
        section 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 
        eligible employer seeking a grant under this subsection for a 
        calendar 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 percent 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 medical leave benefit program 
of the employer, including each individual'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 information 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 
        reviews of employers receiving grants under this section (and 
        of entities administering such grants). The Secretary may 
        withdraw approval of the paid family and medical leave benefit 
        program 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) 
        subsequent grants under this section in the case of repeated 
        violations.
            ``(2) Penalties relating to appeals.--In any case in which 
        the Secretary determines that a pattern exists with respect to 
        an employer (or administering entity) in which the employer (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 
        pursuant to an appeal described in section 2205(a)(1)(B), the 
        Secretary may impose such penalties on the employer (or 
        administering entity) as the Secretary deems appropriate, which 
        may include a reduction in, or disqualification from receiving 
        (or administering), 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 
        Secretary may disqualify such entity from administering 
        employer-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 
        imposed 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 requirements 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 necessary 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 described 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 
        expects 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;
            ``(3) agree that, on return from such qualified leave, the 
        individual will--
                    ``(A) be restored by the employer to the position 
                of employment held by the individual when the leave 
                commenced; or
                    ``(B) be restored to an equivalent position with 
                equivalent employment benefits, pay, and other terms 
                and conditions 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 continued 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 average weekly wage 
of a State for a calendar year shall be determined and annually 
published by the Secretary on the basis of data prepared by the Bureau 
of Labor Statistics that is based on a quarterly census of employers in 
the State of wages paid for unemployment insurance-covered employment.
    ``(e) Limitations.--In no case may an eligible employer--
            ``(1) receive more than 1 grant under this section with 
        respect 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 
        requirements 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 permanently 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 section 2209(b)); or
                    ``(C) under an eligible employer-sponsored plan 
                under section 2210,
        but only if the eligible employer has received no other State 
        or Federal grant intended to cover the costs described in 
        subsection (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 
        individual 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 
        Internal Revenue Code of 1986.
            ``(2) National average wage index.--The term `national 
        average 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 
        section 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 taxable year.
            ``(5) State.--The term `State' means any State of the 
        United States or the District of Columbia or any territory or 
        possession 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.''.

SEC. 130002. ACCESS TO WAGE INFORMATION FROM THE NATIONAL DIRECTORY OF 
              NEW HIRES FOR THE PURPOSE OF ADMINISTERING 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 
        paragraphs (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 information 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 
                Treasury 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 Internal 
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 ARRANGEMENT.

    (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),
                            ``(ii) includes a qualified cash or 
                        deferred arrangement or a salary reduction 
                        arrangement, and
                            ``(iii) meets the notice, eligibility, 
                        contribution, investment, fee, and lifetime 
                        income requirements of paragraphs (2), (3), 
                        (4), (5), (6), and (7), respectively,
                    ``(B) an automatic IRA arrangement described in 
                paragraph (8),
                    ``(C) an arrangement described in section 408(p) 
                that meets the notice, contribution, investment, and 
                fee requirements 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 provide 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 
        requirements of section 401(k)(13)(E), excluding any such 
        notice requirements 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 
                whether the requirements of this paragraph are met:
                            ``(i) Individuals less than 21 years old.--
                        Any employee who has not attained age 21.
                            ``(ii) Certain other employees.--Any 
                        employee described 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 facilitating 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 participate in the same automatic 
                contribution plan or arrangement. For purposes of this 
                subsection, the term `employer' shall include all 
                employers treated as a single employer under subsection 
                (b), (c), (m), or (o) of section 414.
                    ``(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 participate 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 arrangement is treated as having elected to 
                have the employer 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 respect to any employee if such employee makes an 
                affirmative election--
                            ``(i) not to have such contributions made, 
                        or
                            ``(ii) to make elective contributions at a 
                        level specified in such affirmative election.
                    ``(C) Qualified percentage.--For purposes of this 
                paragraph, and except as provided in subparagraph 
                (D)(i), the term `qualified percentage' means, with 
                respect to any employee, any percentage determined 
                under the plan or arrangement if such percentage is 
                applied uniformly, does not exceed 15 percent (10 
                percent during the period described 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 employee,
                            ``(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 
                arrangements.--For purposes of this paragraph--
                            ``(i) Qualified percentage.--In the case of 
                        an automatic IRA arrangement, the term 
                        `qualified percentage' 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.--
                            ``(i) Default investments.--A plan or 
                        arrangement shall be treated as meeting the 
                        requirements of this 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 subparagraph (B).
                            ``(ii) Required investment options in 
                        automatic ira arrangement.--In addition to the 
                        default investment requirement of clause (i), 
                        an automatic IRA arrangement shall be treated 
                        as meeting the requirements of this paragraph 
                        if the arrangement also allows the participant 
                        to invest in any of the class of assets 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 
                assets or funds described 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)(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 individual on an ongoing basis.
                    ``(D) Balanced option.--The class of assets or 
                funds described 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 
                determined by the Secretary to be a qualified 
                investment for purposes of this section.
            ``(6) Fee requirements.--In the case of any plan or 
        arrangement not otherwise subject to title I of the Employee 
        Retirement 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 
                treated as meeting the lifetime income requirement 
                described in this paragraph if the plan or arrangement 
                permits participants 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 section 401(a)(4) solely by 
                        reason of applying the exception of clause (i) 
                        to the requirements of subparagraph (A).
            ``(8) Automatic ira arrangement.--
                    ``(A) In general.--For purposes of this paragraph, 
                the term `automatic IRA arrangement' means, with 
                respect to an employer (and trustee or issuer 
                designated by the employer), an arrangement facilitated 
                by the employer which meets the requirements of this 
                paragraph and the eligibility, contribution, 
                investment, and fee requirements of paragraphs (3), 
                (4), (5), and (6), and under which an employee--
                            ``(i) may elect--
                                    ``(I) to have the employer make 
                                payroll deduction deposits on behalf of 
                                the individual as payroll deduction 
                                contributions to an individual 
                                retirement account, or
                                    ``(II) to have such payments paid 
                                to the employee 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 election not to 
                        have such contributions made (or to have such 
                        contributions made at a level specified in the 
                        affirmative 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 
                        subparagraph are met with respect to any 
                        automatic IRA arrangement if the employer makes 
                        the payments elected 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 
                        requirements of this paragraph shall be treated 
                        as met with respect to any year if the employer 
                        notifies each employee eligible to participate, 
                        within a reasonable period 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 contributions 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 contributions 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 section or any other provision of this title 
                merely because--
                            ``(i) aggregate payroll deduction 
                        contributions by or on behalf of an individual 
                        to individual retirement accounts 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 deduction contributions under this 
                        subsection on behalf of an employee for any 
                        calendar year in a manner reasonably 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 individual 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 retirement 
                        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 arrangement 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 identified on the website 
                        established under subparagraph (F)(iii). The 
                        preceding sentence shall not apply unless each 
                        participant is notified in writing that the 
                        participant's balance may be transferred 
                        without cost or penalty to another individual 
                        retirement account established 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 deduction 
                        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 of this subparagraph, 
                        including establishment of procedures to assist 
                        employers in connecting with certified and 
                        available providers of individual retirement 
                        accounts and to communicate to individuals the 
                        importance of investment diversification.
                    ``(F) Model notice, etc.--The Secretary shall--
                            ``(i) provide a model notice, written in a 
                        manner calculated 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 certain employees 
                                with the opportunity to participate in 
                                an automatic IRA arrangement, and
                                    ``(II) to satisfy the requirements 
                                of subparagraph (B)(ii),
                            ``(ii) provide model forms for enrollment, 
                        including automatic enrollment, in an automatic 
                        IRA arrangement,
                            ``(iii) establish a website or other 
                        electronic means that small employers and 
                        individuals can access and use to obtain 
                        information on automatic IRA arrangements 
                        (including clear, standardized, easy-to-compare 
                        information on fees and expenses and investment 
                        returns 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 arrangement to 
                                demonstrate to the Secretary that the 
                                arrangement is described in this 
                                paragraph and meets the requirements 
                                specified in paragraph (1)(B), and
                                    ``(II) to certify any arrangement 
                                that the Secretary determines so 
                                demonstrates, to regularly monitor 
                                compliance and update such 
                                determinations and certifications, and 
                                to list all arrangements 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 
                arrangements.--An arrangement facilitated by an 
                employer shall not fail to be treated as an automatic 
                IRA arrangement merely because such arrangement is 
                provided or otherwise 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)).''.
            (2) Other rules applicable to automatic IRA arrangements.--
                    (A) Penalty for failure to timely remit 
                contributions to automatic ira arrangements.--Section 
                4975(c) is amended by adding at the end the following 
                new paragraph:
            ``(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 account.''.
                    (B) Waiver of early withdrawal penalty for certain 
                distributions following initial election to participate 
                in automatic ira arrangement.--Section 72(t) is amended 
                by adding at the end the following new paragraph:
            ``(11) Distribution following initial election to 
        participate in automatic ira arrangement.--Paragraph (1) shall 
        not apply in the case of a distribution--
                    ``(A) to an individual from an individual 
                retirement account (within the meaning of section 
                414(aa)(8)(H)) that is part of an automatic IRA 
                arrangement (as defined in section 414(aa)(8)(A)), and
                    ``(B) made not later than 90 days after the initial 
                election 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 
                        administration 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 interest of 
                        savers, including--
                                    (I) the procedures and criteria for 
                                the periodic certification, website 
                                listing, and monitoring of investment 
                                options that meet the requirements of 
                                those paragraphs,
                                    (II) user-friendly disclosure 
                                regarding investment returns, terms, 
                                fees, and expenses to facilitate 
                                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 approving 
                                nonbank individual retirement account 
                                trustees, and
                                    (VI) such other related matters as 
                                may be determined 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 consider 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 Department 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 assistance. 
                        The Advisory Group may use the services and 
                        facilities of such Department, with or without 
                        reimbursement, 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 Automatic 
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 CONTRIBUTION 
              PLANS OR ARRANGEMENTS.

    ``(a) General Rule.--
            ``(1) In general.--There is hereby imposed a tax on the 
        failure of an employer to maintain or facilitate an automatic 
        contribution 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 
        subsection (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, 
        the term `noncompliance period' means, with respect to any 
        failure, the period--
                    ``(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 facilitated 
                        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 calendar 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 adjustment 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 
                subparagraph (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 
        exercising 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 
        reasonable diligence would have known, that such failure 
        existed.
            ``(2) Tax not to apply to failures corrected within 9\1/2\ 
        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 9\1/2\-
                month period beginning on the first date any of the 
                persons referred to in subsection (e) knew that such 
                failure existed, or exercising 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 
                controlled 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 
        Secretary may waive part or all of the tax imposed by 
        subsection (a) to the extent that the payment of such tax would 
        be excessive relative to the failure involved.
    ``(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 
        facilitated only by employers each of which had no more than 5 
        employees receiving at least $5,000 of compensation from the 
        employer for such year,
            ``(2) any employer with respect to a governmental plan 
        (within 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 automatic IRA arrangement pursuant to a payroll 
                deduction savings program of the State, or
                    ``(ii) allows certain employers to contribute to, 
                or participate in, a plan described in section 413(c) 
                of such Code established 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 arrangements.''.
    (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 
                this paragraph, the term `deferral-only arrangement' 
                means any cash or deferred arrangement which meets--
                            ``(i) the automatic deferral requirements 
                        of subparagraph (C),
                            ``(ii) the elective contribution 
                        requirement of subparagraph (D), and
                            ``(iii) the requirements of subparagraph 
                        (E) of paragraph (13).
                    ``(C) Automatic deferral.--
                            ``(i) In general.--The requirements of this 
                        subparagraph shall be treated as met if, under 
                        the arrangement, each employee eligible to 
                        participate in the arrangement 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 affirmative 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 percentage 
                        determined under the arrangement if such 
                        percentage is applied uniformly, does not 
                        exceed 15 percent (10 percent during the period 
                        described in subclause (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 following the plan year 
                                described in subclause (I),
                                    ``(III) 8 percent during the first 
                                plan year following the plan year 
                                described in subclause (II),
                                    ``(IV) 9 percent during the first 
                                plan year following 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 
                        subparagraph are met if under the plan 
                        containing the arrangement--
                                    ``(I) the only contributions which 
                                may be made are elective contributions 
                                of employees who are eligible to 
                                participate in the arrangement, and
                                    ``(II) the aggregate amount of such 
                                elective contributions which may be 
                                made with respect to any employee for 
                                any calendar year shall not exceed the 
                                amount in effect for the taxable year 
                                under 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 described 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 
                following ``($100 in the case of an increase in the 
                amount described 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 AUTOMATIC 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 Employees.--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 Arrangements.--
            (1) No credit with respect to deferral-only arrangements.--
        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 automatic 
        contribution plans or arrangements.--Section 45E is amended by 
        adding at the end the following new subsection:
    ``(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 arrangement (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 RETIREMENT 
              ARRANGEMENTS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 45U. CREDIT FOR CERTAIN SMALL EMPLOYER AUTOMATIC RETIREMENT 
              ARRANGEMENTS.

    ``(a) General Rule.--For purposes of section 38, in the case of an 
eligible employer, the small employer automatic retirement arrangement 
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 
                commencement 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 
section 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 paragraph (32), 
by striking the period at the end of paragraph (33) and inserting ``, 
plus'', and by adding at the end the following new paragraph:
            ``(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.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

                         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 adding 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 
        taxable 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 
        eligible 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 
                subchapter 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 return 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 
                subparagraph (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 subparagraph (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 be 
                        \1/2\ of the amounts applicable under 
                        subparagraph (A) (as so adjusted).
            ``(4) Exception; minimum credit.--In the case of an 
        eligible individual with respect to whom (without regard to 
        this paragraph) the credit determined under subsection (a)(1) 
        is greater than zero but less than $100, the credit allowed 
        under this section 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 taxable year beginning in the calendar 
                year in which such individual's taxable year begins, 
                and
                    ``(B) any individual who is a student (as defined 
                in section 152(f)(2)).
    ``(d) Qualified Retirement Savings Contributions.--For purposes 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 individual,
                    ``(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 employer 
                        described in section 457(e)(1)(A),
                    ``(C) the amount of voluntary employee 
                contributions by such individual to any qualified 
                retirement plan (as defined in section 4974(c)), and
                    ``(D) the amount of contributions made by such 
                individual to the ABLE account (within the meaning of 
                section 529A) of which such individual is the 
                designated beneficiary.
        Such term shall not include any amount attributable to a 
        payment under subsection (a)(2).
            ``(2) Reduction for certain distributions.--
                    ``(A) In general.--The qualified retirement savings 
                contributions 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--
                            ``(i) such taxable year,
                            ``(ii) the 2 preceding taxable years, and
                            ``(iii) the period after such taxable year 
                        and before the due date (including extensions) 
                        for filing the return 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 defined in section 
                        402(c), 403(a)(4), 403(b)(8), 408A(e), or 
                        457(e)(16)) to an account or plan to which 
                        qualified retirement 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 individual 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 
        individual 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 
                deduction allowed for any qualified retirement savings 
                contribution made during the taxable year.
            ``(2) Treatment of contributions.--In the case of any 
        contribution under subsection (a)(2)--
                    ``(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 individual, 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 
        arrangement 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 
        contribution.
            ``(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 thereto) 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 distribution 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 
reporting requirements with respect to such contribution under section 
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 subsections (a)(1) and (b)(3)(A)(i) shall be 
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 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 systems.--
        The Secretary of the Treasury shall pay to each possession 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 
        information provided by the government of the respective 
        possession.
            (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 estimated 
        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 person--
                    (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 
        subsection, 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 
        reference 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 
        subsection shall be treated in the same manner as a refund due 
        from a credit provision referred to in subsection (b)(2) of 
        such section.
    (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 Revenue 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 annuities (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 
contributions, 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 certain 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 contribute all or a portion of 
                        any amount owed to the taxpayer to an 
                        individual retirement account of the taxpayer, 
                        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 Networks.--
            ``(1) Development.--The Secretary shall conduct a 
        stakeholder engagement process to make recommendations about 
        the development and implementation of the State Child Care 
        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 
        associations, 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 
        national technology models for State Child Care Information 
        Networks, and guidance on development and establishment of 
        interoperable data governance systems that address privacy and 
        allow for sharing and storing data across information systems, 
        including guidance on alignment with State child care consumer 
        education websites.
            ``(3) Data exchange standards and interoperability.--
                    ``(A) Designation and use of data exchange 
                standards.--
                            ``(i) Designation.--The Secretary shall, in 
                        consultation with an interagency work group 
                        established by the Office of Management and 
                        Budget and considering State government 
                        perspectives, designate data exchange standards 
                        for necessary categories of information that 
                        the Child Care Information Network is required 
                        to electronically exchange with another agency 
                        under applicable Federal law.
                            ``(ii) Data exchange standards must be 
                        nonproprietary and interoperable.--The data 
                        exchange standards designated under clause (i) 
                        shall, to the extent practicable, be 
                        nonproprietary and interoperable.
                            ``(iii) Other requirements.--In designating 
                        data exchange standards under this 
                        subparagraph, the Secretary shall, to the 
                        extent practicable, incorporate--
                                    ``(I) interoperable standards 
                                developed and maintained by an 
                                international voluntary consensus 
                                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 
                reporting.--
                            ``(i) Designation.--The Secretary shall, in 
                        consultation with an interagency work group 
                        established by the Office of Management and 
                        Budget, and considering State government 
                        perspectives, designate data exchange standards 
                        to govern Federal reporting and exchange 
                        requirements under applicable Federal law.
                            ``(ii) Requirements.--The data exchange 
                        reporting standards required by clause (i) 
                        shall, to the extent practicable--
                                    ``(I) incorporate a widely 
                                accepted, nonproprietary, searchable, 
                                computer-readable format;
                                    ``(II) be consistent with and 
                                implement applicable accounting 
                                principles;
                                    ``(III) be implemented in a manner 
                                that is cost-effective and improves 
                                program efficiency and effectiveness; 
                                and
                                    ``(IV) be capable of being 
                                continually upgraded as necessary.
                            ``(iii) Incorporation of nonproprietary 
                        standards.--In designating data exchange 
                        standards under this subparagraph, the 
                        Secretary shall, to the extent practicable, 
                        incorporate existing nonproprietary standards.
                            ``(iv) Rule of interpretation.--Nothing in 
                        this subparagraph shall be construed to require 
                        a change to existing data exchange standards 
                        for Federal reporting 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 providers 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 provider 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 offered 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 staff of the child care provider, and 
                        such other information as the Secretary may 
                        require to help parents 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 information about 
                                obtaining child care services; and
                                    ``(II) accessible to State, county, 
                                and other government 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 update 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 available information in the 
                State Child Care Information Network 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 required by the Secretary.
    ``(b) Funding State Child Care Information Networks.--
            ``(1) Start-up funds.--
                    ``(A) Grants.--For each fiscal year specified in 
                subparagraph (C), the Secretary shall make grants to 
                lead agencies to conduct activities related to the 
                planning and implementation of State Child Care 
                Information Networks, which may include scaling systems 
                such as non-profit community-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 accordance with the formula referred to in section 
                418(a)(2)(B), and to the territories according to 
                relative need.
                    ``(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 respect 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 subsection (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.--Expenditures to carry out subsection 
                        (a)(4).
                            ``(ii) Ease of application for subsidized 
                        child care certificate.--Expenditures to 
                        establish an option, as indicated by the State 
                        in a plan describing planned eligible 
                        expenditures (which may be submitted with other 
                        plans required by the Secretary)--
                                    ``(I) for a family to file an 
                                application for a subsidized child care 
                                certificate with a child care provider, 
                                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 application for child care, 
                                which--
                                            ``(aa) allows an 
                                        application with respect to a 
                                        child to be submitted 
                                        simultaneously to multiple 
                                        child care providers;
                                            ``(bb) allows the 
                                        application to be for a 
                                        particular 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 
                                        application 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 participate in the state child care 
                        information network.--Expenditures for child 
                        care providers, lead 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 
                        maintenance 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 
                        agency--
                                    ``(I) shall take into account the 
                                differential burden 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 
                                organizations, to ensure that home-
                                based providers are able to participate 
                                in the State Child Care Information 
                                Network; and
                                    ``(III) may reimburse coordinating 
                                partners and other entities for 
                                expenses associated with helping 
                                providers participate in the Child Care 
                                Information 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 
                providers 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 historical 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 Provider Certification who has qualified for 
                the certification for an entire calendar quarter, 
                provide the provider and the lead agency of the 
                jurisdiction in which the provider 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 
        Certification 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 available child care slots with the provider 
                required under subsection (a)(4)(A)(v), and the waiting 
                list information required under subsection 
                (a)(4)(A)(vi);
                    ``(iv) makes child care slots available to the 
                general public, when available, subject to any clearly 
                explained priority system; and
                    ``(v) is in compliance with other requirements set 
                by the State regarding applications for or inquiries 
                about available child care slots; or
                    ``(B) was so qualified for the entire 3-month 
                period preceding 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 
        providers participating in any State Child Care Information 
        Network 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 
        information 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 
                subsection reveals that the number of child care 
                providers erroneously 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 report 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.
            ``(5) Publication of amount of eligible expenditures of 
        each state.--Before issuing grant awards for fiscal year 2023 
        or a succeeding fiscal year, the Secretary, in consultation 
        with the States, shall annually publish the amount of eligible 
        expenditures of each State in the preceding fiscal year.
    ``(e) Appropriation.--Out of any funds in the Treasury not 
otherwise appropriated, there is appropriated $50,000,000 for each of 
fiscal years 2022 through 2026 for administrative expenses in carrying 
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 acquire, 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 approved, 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 require; 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 
                                facilities, 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 designed 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, suburban, or rural areas as determined 
                        by the State;
                            ``(iii) show evidence of collaboration 
                        with--
                                    ``(I) local government officials;
                                    ``(II) other State agencies;
                                    ``(III) nongovernmental 
                                organizations, such as--
                                            ``(aa) certified community 
                                        development financial 
                                        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 Community 
                                        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, 
                                                construction, 
                                                renovation, or 
                                                improvement of child 
                                                care facilities;

                                                    ``(BB) providing 
                                                technical, financial, 
                                                or managerial 
                                                assistance to child 
                                                care providers; and

                                                    ``(CC) securing 
                                                private sources of 
                                                capital financing for 
                                                child care facilities 
                                                or other community 
                                                development projects 
                                                eligible for assistance 
                                                from a child care 
                                                assistance 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 philanthropic 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 
                condition of making a grant under this paragraph or 
                section 418D, retain an interest in any property, 
                including any project involving a privately-owned 
                family child care home or tribal land.
                    ``(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 report referred to in subparagraph 
                (C)(ii)(II)--
                            ``(i) to determine the effects of the grant 
                        in constructing, renovating, or improving child 
                        care facilities, 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 Secretary may require.
                    ``(I) Return of grant if plan not approved within 2 
                years.--A State to which a grant is made under this 
                paragraph shall remit the grant to the Secretary if the 
                Secretary has not provided the approval required by 
                subparagraph (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 financing, for the purpose of providing 
                technical assistance, capacity-building, and financial 
                products to develop or finance 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 manner, and containing such information as the 
                Secretary may require, that complies with paragraph (3) 
                if applicable.
                    ``(C) Consultation.--In selecting intermediary 
                organizations for grants under this paragraph, the 
                Secretary shall conduct consultations with 
                organizations that--
                            ``(i) demonstrate experience in child care 
                        facility financing 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 funding to support financing tools to 
                        build the capacity of child care providers, 
                        such as through credit enhancements;
                            ``(iv) propose to focus on child care 
                        facilities that operate 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 settings, including early care 
                        programs located in buildings in which the care 
                        center is the sole occupant or in mixed-use 
                        properties; and
                            ``(vi) propose to focus on child care 
                        facilities primarily serving low-income 
                        populations and children who have not attained 
                        13 years of age.
                    ``(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 
                receiving funds under this paragraph, the recipient 
                shall submit annual reports to the lead agency of the 
                jurisdiction 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, reconfigure, or expand such a facility, the 
        application shall include a written assurance that all laborers 
        and mechanics employed 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 similar 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 Reorganization 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, construct, renovate, or otherwise 
                        physically improve the infrastructure of a 
                        building primarily used for the provision 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 instruction or religious 
                                worship; or
                                    ``(II) in which a substantial 
                                portion of the functions 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 administrative 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, construct, renovate, or complete 
                other physical improvements to buildings in which child 
                care services are provided or will be provided on 
                completion of the project.
    ``(b) Appropriation.--Out of any funds in the Treasury not 
otherwise appropriated, there is appropriated $15,000,000,000 for 
fiscal year 2022 to carry out this section, which shall remain 
available 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 
        expending funds provided under this section, which may be 
        expended 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 
        participation in, State Child Care Information Networks 
        provided for in section 418A(a)(4).
            ``(2) Child care infrastructure.--The Secretary shall 
        provide 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 facility, 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 entrepreneurs 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 business support needs such as 
                budgeting and fiscal management skills, business 
                planning, understanding the cost of quality, and core 
                best business practices such as recordkeeping and 
                payment reconciliation.
            ``(3) Supplementing national technical assistance 
        efforts.--The Secretary may provide technical assistance to 
        States (and submit to the Congress reports on technical 
        assistance activities) to increase child care availability and 
        affordability, including by--
                    ``(A) providing technical assistance on best 
                practices for conducting market rate surveys and 
                establishing State reimbursement 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 
                communities 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-income parents; or
                    ``(D) collecting, managing, analyzing, and 
                reporting child care administrative data, and use the 
                data to support documentation of changes in child care 
                availability and affordability.
    ``(b) Administrative Provision.--The Secretary may carry out this 
section through means including the use of grants or cooperative 
agreements.
    ``(c) Appropriation.--Out of any funds in the Treasury not 
otherwise appropriated, there is appropriated $17,500,000 for each of 
fiscal 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 conduct consumer outreach and education and provide 
        timely availability for child care slots, improve child care 
        infrastructure, 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 
        Indian tribes and tribal organizations with respect to carrying 
        out the activities.
    ``(b) Activities Described.--The activities described in this 
subsection are the following:
            ``(1) Planning, start-up, implementation, and maintenance 
        costs associated with establishing and funding a Child Care 
        Information 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 
        Participating Child Care Provider Certification provided for in 
        section 418A(c).
            ``(3) Conducting infrastructure projects to improve the 
        safety of child care facilities.
    ``(c) Grants.--
            ``(1) In general.--Of the amount appropriated under 
        subsection (e) for each fiscal year, the Secretary shall use 
        not less than $199,000,000 to make grants to the lead agencies 
        of Indian 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 provided 
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 
otherwise 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 Businesses.--
            (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 implementation of the Child Care Wage Grant program 
        provided for in section 418E of the Social Security Act (as 
        added by subsection (b) of this section)--
                    (A) issue guidance or technical assistance to lead 
                agencies (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 
        otherwise appropriated, there is appropriated to the Secretary 
        of Health and Human Services $10,000,000, to remain available 
        through September 30, 2022, to carry out this paragraph.
    (b) Implementation.--Part A of title IV of the Social Security Act 
(42 U.S.C. 601-619) is further amended by inserting after section 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 provider eligibility, making 
                payments, data collection, and verifying provider 
                compliance with program rules.
                    ``(B) Limitation on reimbursement for documented 
                administrative costs.--The amount of the reimbursement 
                for the documented administrative costs shall not 
                exceed 5 percent of the total amount of the child care 
                wage grants.
            ``(2) Consultation required as a condition of 
        eligibility.--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 organizations in developing and implementing the 
        program, including application process, eligibility 
        determinations, community 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 program 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 reimbursement 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 
        program 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 employees of 
                the qualified child care provider, and such other 
                information as the Secretary may require, and may allow 
                field engagement organizations to support grant 
                recipients in meeting quarterly reporting requirements.
                    ``(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 information required in the report will result in 
                future ineligibility 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 reimbursement 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, documentation of rejected applications, including the 
        reason for disqualification, and demographic data of 
        applicants.
            ``(2) Qualified child care provider wage subsidy data, 
        including 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 provided to the qualified child care provider was not 
        used to supplant 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 section 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, 
        including 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 
        was so qualified throughout the year with respect to which 
        reimbursement is sought.
            ``(8) Documentation that each employee for which a grant is 
        sought was employed for the full year, or if not, for what 
        portion 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 
        provided 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 
        period, 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 
                proportionate decrease in the number of child care 
                employees of the provider.
    ``(e) Appropriation.--Out of any money in the Treasury not 
otherwise 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 subsection (a).
    ``(f) Definitions.--In this section:
            ``(1) Applicable minimum rate.--The term `applicable 
        minimum 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, 
        including 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;
                    ``(B) who provides child care services as a primary 
                function of employment; and
                    ``(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 proportionately reduced.
                    ``(B) Inflation adjustment.--Each dollar amount in 
                effect 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 consumers (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 
        engagement organization' means any nonprofit, community-based 
        organization, labor union, trade association, staffed family 
        child care network, child care resource and referral 
        organization, or local government entity with experience 
        providing representation, 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 violation 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 proprietor 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 hourly wage rate of any employee during the 
                1-year period for which the entity has applied for a 
                child care wage grant under this section; and
                    ``(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 submitted.''.

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 
        respect to a jurisdiction, the lead agency responsible for 
        administering the child care assistance program of the 
        jurisdiction.
            ``(7) Territory.--The term `territory' means the 
        Commonwealth 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 section 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 ADJUSTMENT 
              ASSISTANCE.

    (a) Effective Date; Applicability.--Except as otherwise provided 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 chapter 2, 3, 4, or 6 of title II of the Trade Act of 
        1974 on or after such date of enactment.
    (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 organizations 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 anticipated, long-term decrease 
                in or reallocation of the production 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 decreased;
            ``(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 
        production of articles or services supplied by such firm have 
        decreased; and
            ``(iii) the decrease in exports or imports described in 
        clause (ii) contributed to such workers' separation or threat 
        of separation 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
            (2) in subsection (c)--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (4) as 
                paragraphs (1) through (3), respectively.
    (c) Eligibility of Staffed Workers and Teleworkers.--Section 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 following:
    ``(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 
                worker who works remotely but who reports to the 
                location listed 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 certification 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 amended--
            (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 
described 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 inserting ``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 
certification made under this subchapter, the Secretary may take any 
necessary actions, including the following:
            ``(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 
        community-based worker organization, or other duly authorized 
        representatives of such workers.
            ``(C) Hiring peer support workers to perform sustained 
        outreach to other workers covered by that certification.
            ``(D) Using advertising methods and public information 
        campaigns, 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 paragraphs (2), (3), and (4), respectively; and
                    (C) in paragraph (4) (as redesignated), by striking 
                ``paragraphs (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 ``adversely 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 
        subparagraphs (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 
                separation 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 labor organization.''.

SEC. 133106. MODIFICATION TO TRADE READJUSTMENT ALLOWANCES.

    Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting after ``104-week 
                period'' the following: ``(or, in the case of an 
                adversely affected worker who requires a program of 
                prerequisite education 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 Complete 
Training.--Notwithstanding any other provision of this section, 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 described in section 
236(a)(5)(D)), and in accordance with regulations prescribed by the 
Secretary, payments may be made as trade readjustment allowances for up 
to 26 additional weeks in the 26-week period that follows the last week 
of entitlement to trade readjustment allowances otherwise payable under 
this chapter.''.

SEC. 133107. AUTOMATIC EXTENSION OF TRADE READJUSTMENT ALLOWANCES.

    (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 ALLOWANCES.

    ``(a) In General.--Notwithstanding the limitations under section 
233(a), the Secretary shall extend the period during which trade 
readjustment allowances are payable to an adversely affected worker who 
completes training approved under section 236 by the Secretary 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 
        affected 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 insurance 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 determination of the 
Secretary, either of the following average rates equals or exceeds 5.5 
percent:
            ``(1) The average rate of total unemployment in such State 
        (seasonally adjusted) for the period consisting of the most 
        recent 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 
        recent 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 section 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 amended--
            (1) in paragraph (3)--
                    (A) by inserting after ``regional areas'' the 
                following: ``(including information about registered 
                apprenticeship programs, 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 provider's ability to successfully place 
                participants into suitable 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 facilitating the extent to which employers within the 
        community commit to employing workers who would benefit from 
        the employment and case management services under this section.
            ``(9) Sustained outreach to groups of workers likely to be 
        certified as eligible for adjustment assistance under this 
        chapter and members of certified worker groups who have not yet 
        applied 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 
                demonstrated ability to place participants into 
                employment'' before the comma at the end;
                    (B) in paragraph (3), by adding at the end before 
                the period 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 inserting a comma;
                            (ii) in subparagraph (H)(ii), by striking 
                        the period at the end and inserting ``, and''; 
                        and
                            (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 ALLOWANCES.

    (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 
        subparagraph (A), by striking ``may grant'' and inserting 
        ``shall grant''; and
            (3) in subsection (b)--
                    (A) in paragraph (1), by striking ``not more than 
                90 percent'' 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 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 percent.
                    ``(C) Consumer price index defined.--For purposes 
                of this paragraph, the term `Consumer Price Index' 
                means the Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor.''.
    (b) Relocation Allowances.--Section 238 of the Trade Act of 1974 
(19 U.S.C. 2298) 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 
        subparagraph (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 percent'' 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 Inflation.--
            ``(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 
                Consumer 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 Consumer 
        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 affected 
        worker covered by a certification issued under subchapter 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 
        allowance shall be granted if the allowance will assist an 
        adversely affected worker to attend training or seek suitable 
        employment, 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 to a 
worker under subsection (a) shall not exceed $2,000 per minor dependent 
per year.
    ``(c) Adjustment of Maximum Allowance Limitation for Inflation.--
            ``(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 
                Consumer 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 Consumer 
        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 
                employment and case management services.--Section 235A 
                of the Trade Act of 1974 (19 U.S.C. 2295a) is amended 
                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 
        following:
    ``(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 
                placement in jobs that provide a living wage and that 
                increase economic security;
                    ``(B) assist workers in developing the skills, 
                networks, and experiences necessary to advance along a 
                career path;
                    ``(C) assist workers from underserved communities 
                to establish a work history, demonstrate success in the 
                workplace, and develop the skills that lead to entry 
                into and retention in unsubsidized employment; and
                    ``(D) adequately serve individuals who face the 
                greatest barriers to employment, including people with 
                low incomes, people of color, immigrants, persons with 
                disabilities, and formerly incarcerated individuals.
            ``(3) Each cooperating State agency shall facilitate joint 
        cooperation between training programs, representatives of 
        workers, employers, and communities, especially in underserved 
        rural and urban regions, to ensure a fair and engaging 
        workplace 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 
        whether workers in such firm are potentially eligible to 
        receive benefits under this chapter,
            ``(2) perform sustained outreach to firms to facilitate and 
        assist with filing petitions under section 221 and collecting 
        necessary supporting information,'';
            (3) in paragraph (3) (as redesignated), by striking ``who 
        applies for unemployment insurance of'' and inserting 
        ``identified under paragraph (1) of unemployment insurance 
        benefits and'';
            (4) in paragraph (4) (as redesignated), by inserting ``and 
        assist with'' after ``facilitate'';
            (5) in paragraph (6) (as redesignated), by striking ``and'' 
        at the end;
            (6) by inserting after paragraph (6) (as redesignated) the 
        following:
            ``(7) perform sustained outreach to workers from 
        underserved communities and to firms that employ a majority or 
        a substantial percentage of workers from underserved 
        communities and develop a plan, in consultation with the 
        Secretary, for addressing common barriers to receiving services 
        that such workers have faced,'';
            (7) in paragraph (8) (as redesignated), by striking ``funds 
        provided to carry out this chapter are insufficient to make 
        such services available, make arrangements to make such 
        services available through other Federal programs'' and 
        inserting ``support 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 
        development 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 
following:
    ``(k) Staffing.--An agreement entered into under this section shall 
provide that the cooperating State or cooperating State agency 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 administration.''.

SEC. 133112. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.

    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 
        inserting ``$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 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.
                    ``(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 percent.
                    ``(C) Consumer price index defined.--For purposes 
                of this paragraph, the term `Consumer Price Index' 
                means the Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor.''.

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 
                striking ``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 
        subsections (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 Secretary as 
eligible to apply for adjustment assistance under this chapter pursuant 
to a petition filed under section 221 if the Secretary 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 
        separation.'';
            (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 1974 
(19 U.S.C. 2319), as amended by section 133113(a), is further amended 
by adding at the end the following:
            ``(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 
        Americans 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 adversely affected by persistent poverty 
        or inequality.''.

SEC. 133115. SUBPOENA POWER.

    Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended--
            (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 enforce 
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 amended--
            (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 
agricultural 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 decreased 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 increase,
                    ``(III) sales or production, or both, 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 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 preceding that 12-month 
                        period, or
                            ``(bb) the average annual sales or 
                        production for the article or service during 
                        the 36-month period preceding that 12-month 
                        period, and
            ``(B)(i) increases of imports of articles or services like 
        or directly 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 failure to increase in sales or production, or
            ``(ii) decreases in exports of articles produced or 
        services supplied 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 thereof, 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 section.''; 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 Secretary 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 amended--
            (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 
        consideration to'' and inserting ``is in'';
            (3) by redesignating subsection (c) as subsection (d); and
            (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 
        adjustment 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 inflation.--
                    ``(A) In general.--The Secretary of Commerce shall 
                adjust the technical assistance limitation under 
                paragraph (1) 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 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 percent.
                    ``(C) Consumer price index defined.--For purposes 
                of this paragraph, the term `Consumer Price Index' 
                means the Consumer Price Index for All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor.
            ``(3) Matching requirement.--A firm may receive adjustment 
        assistance under this chapter only if the firm provides 
        matching funds in an amount equal to the amount of adjustment 
        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 employees 
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-ELIGIBLE 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 following:

``SEC. 263. PLAN FOR SUSTAINED OUTREACH TO POTENTIALLY-ELIGIBLE FIRMS.

    ``(a) In General.--The Secretary shall develop a plan to provide 
sustained outreach to firms that may be eligible for adjustment 
assistance under this chapter.
    ``(b) Matters to Be Included.--The plan required by paragraph (1) 
shall include the following:
            ``(1) Outreach to the United States International Trade 
        Commission and to such firms in industries with increased 
        imports identified in the Commission's annual report regarding 
        the operation 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 
        substantial 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 section 262 the 
following new item:

``Sec. 263. Plan for sustained outreach to potentially-eligible 
                            firms.''.

   PART 3--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES AND COMMUNITY 
                                COLLEGES

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 
        paragraph (1)) the following:

      ``Subchapter A--Trade Adjustment Assistance for Communities

``SEC. 271. DEFINITIONS.

    ``In this subchapter:
            ``(1) Agricultural commodity producer.--The term 
        `agricultural 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, including a special purpose unit of a State or 
                local government engaged in economic or infrastructure 
                development activities, or a consortium of political 
                subdivisions;
                    ``(B) an Economic Development District designated 
                by the Economic Development Administration of the 
                Department 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 
                association acting in cooperation with officials of a 
                political subdivision 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 
Economic 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 
        assistance under this subchapter if the community is a 
        community impacted by trade under paragraph (2).
            ``(2) Community impacted by trade.--A community is impacted 
        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 workers located in the community is 
                        eligible to apply for assistance under section 
                        223.
                            ``(ii) By the Secretary of Commerce, that a 
                        firm located in the community is eligible to 
                        apply for adjustment assistance under section 
                        251.
                            ``(iii) By the Secretary of Agriculture, 
                        that a group of agricultural commodity 
                        producers located in the community 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 which one or more such 
                        certifications were made on or after January 1, 
                        1994, and before the date of the enactment 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 community, 
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 
        developing or updating a strategic plan that meets the 
        requirements of section 275; or
            ``(2) upon the application of an eligible entity, award an 
        implementation 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.--
                    ``(A) In general.--In the case of a grant for a 
                construction project under this section, if the 
                Secretary determines, 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 
                excess 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 
defined 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 
        notify the community that the institution is seeking a grant 
        under section 279; and
            ``(2) the community shall provide to the Secretary, in 
        coordination with the institution, a description of how the 
        community 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 respect 
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 respect 
        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 
        requirements of subsection (d).
    ``(b) Consultation.--
            ``(1) In general.--To the extent practicable, an eligible 
        community 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 
                federations 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 underserved 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 
                community 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 
        benefit from the strategic plan.
            ``(5) A description of the role of the entities described 
        in subsection (b)(2) in developing the strategic plan.
            ``(6) A description of projects under the strategic plan to 
        facilitate 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 
        adjustment to the impact of trade after the completion of such 
        projects.
            ``(8) A description of the educational and training 
        programs and the potential employment opportunities available 
        to workers 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 
        unemployment among agricultural commodity producers, if 
        applicable.
    ``(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 
        requirements of this section.
            ``(2) CEDS or equivalent.--The Secretary may deem an 
        eligible community's Comprehensive Economic Development 
        Strategy that substantially meets the requirements of this 
        section to be an approved strategic plan for purposes of this 
        subchapter.
    ``(e) Allocation.--Of the funds appropriated to carry out this 
chapter for each of the fiscal years 2022 through 2026, the Secretary 
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 ADDITIONAL 
              TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary shall coordinate the Federal 
response 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 
        community'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 transferred 
        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.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                the purposes of this chapter, the Secretary may accept 
                transfers 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 appropriated.
                    ``(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 Secretary with the appropriations 
                        for salaries and expenses.
    ``(c) Additional Technical Assistance.--In addition to the 
coordination and assistance described in subsection (a), the Secretary 
shall provide technical assistance for communities--
            ``(1) to identify significant impediments to economic 
        development 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, 
        including 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 
                strategic 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 Representatives 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 Secretary, 
        to the maximum extent practicable, shall--
                    ``(A) rely on and apply regulations promulgated to 
                carry out other economic development programs of the 
                Department 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 section 
275.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 is amended by striking the items relating to chapter 4 of title II 
and inserting the following:

        ``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 assistance.
``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 COLLEGES 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 inserting ``; 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 
        eligible 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 
        inserting after subsection (d) the following:
    ``(e) Use of Funds.--
            ``(1) In general.--An eligible entity shall use a grant 
        awarded under this section to establish and scale career 
        training programs, 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 eligible 
        entity under this section shall be used to carry out student 
        support services, which may include the following:
                    ``(A) Supportive services, including childcare, 
                transportation, mental health services, or substance 
                use disorder prevention and treatment, assistance in 
                obtaining health insurance coverage, housing, and other 
                benefits, as appropriate.
                    ``(B) Connecting students to State or Federal 
                means-tested benefits programs.
                    ``(C) The provision of direct financial assistance 
                to help students facing financial hardships that may 
                impact enrollment in or completion of a program 
                supported by such funds.
                    ``(D) Navigation, coaching, mentorship, and case 
                management services, including providing information 
                and outreach 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 individuals from underserved communities; and
                    ``(B) develop a plan to ensure that grants provided 
                under this subchapter effectively serve individuals 
                from underserved 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 respect 
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 amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (4) through (7) as 
        paragraphs (3) through (6), respectively; and
            (3) by adding at the end the following:
            ``(7) Underserved community.--The term `underserved 
        community' has the meaning given that term in section 247.''.

SEC. 133402. GROUP ELIGIBILITY REQUIREMENTS.

    Section 292 of the Trade Act of 1974 (19 U.S.C. 2401a) is amended--
            (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 paragraph (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 commodity, as described in paragraph (1).''; and
            (2) in subsection (e)(3), by adding at the end before the 
        period 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 
assistance to agricultural commodity producers from underserved 
communities''.

SEC. 133404. QUALIFYING REQUIREMENTS AND BENEFITS FOR AGRICULTURAL 
              COMMODITY PRODUCERS.

    Section 296 of the Trade Act of 1974 (19 U.S.C. 2401e) is amended--
            (1) in subsection (a)(1)(A), by striking ``90 days'' and 
        inserting ``120 days'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by striking ``$4,000'' and 
                inserting ``$12,000''; and
                    (B) in paragraph (4)(C), by striking ``$8,000'' and 
                inserting ``$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 each dollar amount limitation described in this section 
        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 
                Consumer 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 Consumer 
        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 ADJUSTMENT 
              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 amended 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, pilots 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''.
            (3) Trade adjustment assistance for farmers.--Section 298 
        of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended--
                    (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 
Agriculture may not reserve more than 5 percent for technical 
assistance, pilots and demonstrations, and the evaluation of activities 
carried out under this chapter.''.
    (e) Appropriations.--
            (1) Trade adjustment assistance for workers.--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, $1,000,000,000, to remain 
        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 available 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 
                appropriated 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 
                appropriated 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 government funds made available to 
                provide economic development assistance for 
                communities.
            (4) Trade adjustment assistance for community colleges 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 otherwise appropriated, $1,300,000,000, to 
                remain available until expended, to carry out 
                subchapter B of chapter 4 of title II of the Trade Act 
                of 1974, as designated by section 13301 of this Act, as 
                authorized by section 279A of such subchapter B (as 
                redesignated).
                    (B) Reservation by the secretary.--Of the funds 
                appropriated 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, including providing technical assistance, 
                sustained outreach to eligible institutions effectively 
                serving underserved communities, pilots and 
                demonstrations, and a rigorous third-party evaluation 
                of the program carried out under such subchapter.
            (5) Trade adjustment assistance for farmers.--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 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 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 enactment of this Act, or as such provisions 
        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 Secretary 
        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 treatment 
        between the benefits of such workers and the benefits of 
        workers certified after such date of enactment.
    (b) Workers Not Certified Pursuant to Certain Petitions Filed 
Before Date of Enactment.--
            (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 Secretary 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 subparagraph (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 
                Secretary 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 pursuant 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 
                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 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 enactment 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 of 
        2009.--Section 1891 of the Trade and Globalization Adjustment 
        Assistance Act of 2009 (19 U.S.C. 2271 note) is repealed.
            (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 Secretary of Commerce has not made a determination 
                with respect 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 
                petitions.--If, before the date of the enactment of 
                this Act, the Secretary made a determination not 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--
                            (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 adjustment 
                        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 before 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 
                certify 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 enactment of this Act, if the firm or 
                its representative files a petition for a certification 
                of eligibility under section 251 of the Trade Act of 
                1974 not later than 90 days after such date of 
                enactment.
                    (B) Firm described.--A firm described in this 
                subparagraph is a firm that the Secretary determines 
                would have 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 beginning 
                        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 described 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 implementing section 2071 of the 
Social Security Act (as added by subsection (b)).
    (b) Career Pathways Through Health Profession Opportunity 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 OPPORTUNITY 
              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 
        professions that pay well or will put eligible individuals on a 
        career 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 applicant will use to assist eligible individuals to 
        gain work experience, connection to employers, and job 
        placement, and a description 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 governmental, apprenticeship, 
        educational, or charitable institutions.
            ``(3) In the case of an application for a grant under this 
        section for a demonstration project described in subsection 
        (c)(2)(B)(i)(I)--
                    ``(A) a demonstration that the State in which the 
                demonstration 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 certain 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 proposed health 
                careers), and a plan described in the application 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 expertise 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 
                applicant has done sufficient research on workforce 
                shortage or in-demand jobs for which people with 
                certain types of arrest or conviction records can be 
                hired;
                    ``(E) a plan for recruiting students who are 
                eligible individuals 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 
        section for a demonstration project described in subsection 
        (c)(2)(B)(i)(II)--
                    ``(A) a description of the partnerships, strategic 
                staff hiring decisions, tailored program activities, or 
                other programmatic elements of the project, such as 
                training plans for doulas and other community health 
                workers and training plans for midwives and other 
                allied health professions, that are designed to support 
                a career pathway in pregnancy, birth, or post-partum 
                services; and
                    ``(B) a demonstration that the State in which the 
                demonstration project is to be conducted recognizes 
                doulas or midwives, as the case may be.
            ``(5) A demonstration that the applicant has experience 
        working 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 
        ongoing 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 care and transportation support services will be 
        guaranteed and, if the applicant will provide a cash stipend or 
        wage supplement, how the stipend or supplement would be 
        calculated and distributed.
            ``(8) A certification by the applicant that the project 
        development included--
                    ``(A) consultation with a local workforce 
                development board established under section 107 of the 
                Workforce Innovation and Opportunity Act;
                    ``(B) consideration of apprenticeship and pre-
                apprenticeship 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 
        application.
            ``(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 Secretary to establish adequate data reporting and 
                administrative 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 Secretary 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 considering 
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 administers a State program funded under 
                part A of this title;
                    ``(B) institutions of higher education, 
                apprenticeship programs, and local workforce 
                development boards established under section 107 of the 
                Workforce Innovation and Opportunity Act; and
                    ``(C) health care employers, health care industry 
                or sector partnerships, labor unions, and labor-
                management partnerships;
            ``(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 
                enrolled in the project reside is located;
                    ``(B) the project will be conducted; or
                    ``(C) an employer partnership that has committed to 
                hiring 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 
        assist 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 eligible 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 requirements 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 located in 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.
            ``(2) Grants for demonstration projects.--
                    ``(A) Grant authority.--The Secretary shall make a 
                grant in accordance with this subsection to an eligible 
                entity whose application for the grant is approved by 
                the Secretary, to conduct a demonstration project that 
                meets the requirements of subparagraph (B).
                    ``(B) Requirements.--The requirements of this 
                subparagraph 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 education 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 
                                experience a labor shortage or be in 
                                high demand.
                                    ``(II) Pregnancy and childbirth 
                                career pathway 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 midwives and that provides 
                                payment for services provided 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 demonstration projects of the 
                        type described in subparagraph (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 paragraph 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 
        planning 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 
        approved application for the grant.
            ``(2) Support to be provided.--
                    ``(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 necessary for lower-skilled 
                        eligible individuals to enroll in the project 
                        and go on to enter and complete post-secondary 
                        training, through means including the 
                        following:
                                    ``(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 program.
                                    ``(II) Offering resources to enable 
                                project participants to continue 
                                advancing adult basic skill proficiency 
                                while enrolled in a career pathway 
                                program.
                                    ``(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 
                        training 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 subsidize transportation costs.
                        For purposes of this clause, the term 
                        `transportation' includes public transit, or 
                        gasoline for a personal vehicle 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 of 
                        addressing arrest or conviction records and 
                        associated workforce barriers.
                    ``(B) Allowed support.--The goods and services 
                provided 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, including legal assistance, deemed 
                        necessary to address arrest 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 
        Opportunity 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 
                required 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 
        entertainment, except that case management and career coaching 
        services may include celebrations of specific career-based 
        milestones such as completing a semester, graduation, or job 
        placement.
    ``(e) Technical Assistance.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance--
                    ``(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 universities;
                    ``(D) that is tailored to meet the specific needs 
                of the territories;
                    ``(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 eligible entities regarding best practices and 
                promising practices used in the projects.
            ``(2) Continuation of peer technical assistance 
        conferences.--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 
        predecessor of this section. The preceding sentence shall not 
        be interpreted 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, particularly with respect to low-income individuals 
        with arrest or conviction records, a health professions 
        workforce that has accessible 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 childbirth 
        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, 
        particularly 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, 
        certification, and professional development, and that provides 
        increased wages and affordable benefits, including health care 
        coverage, that are responsive to the needs of the birth, 
        pregnancy, and post-partum workforce.
            ``(4) Rule of interpretation.--Evaluations conducted 
        pursuant 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 
        reports 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 participant outcomes related to earnings, employment in 
        health professions, graduation rate, graduation timeliness, 
        credential attainment, 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 
                completion 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 covered 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 applications 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 
        Innovation and Opportunity Act.
            ``(3) Doula.--The term `doula' means an individual who--
                    ``(A) is certified by an organization that has been 
                established for not less than 5 years and that requires 
                the completion of continuing education to maintain the 
                certification, to provide non-medical advice, 
                information, emotional support, and physical comfort to 
                an individual during the individual's pregnancy, 
                childbirth, and post-partum period; and
                    ``(B) maintains the certification by completing the 
                required 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 application:
                    ``(A) A local workforce development board 
                established under section 107 of the Workforce 
                Innovation and Opportunity 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 entity 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 
                organization, 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 organization 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 addiction 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).
            ``(7) Indian tribe; tribal organization.--The terms `Indian 
        tribe' and `tribal organization' have the meaning given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(8) Institution of higher education.--The term 
        `institution 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 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, the Northern Mariana Islands, and American Samoa.
            ``(10) Tribal college or university.--The term `tribal 
        college 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 
        appropriated 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 subsection (c)(1)(B);
                    ``(C) $21,250,000 shall be reserved for grants 
                under subsection (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 
                subparagraphs (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 effects of the demonstration and non-demonstration 
                projects for which a grant is made under this section, 
                and for associated 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 
otherwise appropriated, there is appropriated to the Secretary for each 
of fiscal years 2022 through 2025--
            ``(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 subsection (a) a grant in an amount equal 
                to the amount allotted 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 attained 65 years of age or are 
                        individuals with a disability, 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 devise 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 
        organization to which an amount is paid under this paragraph 
        may use the amount to make sub-grants to local organizations, 
        including 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 
                assistance 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 eligible 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 transportation is unavailable 
                or impractical based on work hours or location.
            ``(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 
                interview clothing and conference attendance fees;
                    ``(C) provide assistance with programs and 
                activities, including legal assistance, deemed 
                necessary to address arrest 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 individuals; and
            ``(5) provide technical assistance to help subgrantees find 
        and train individuals to provide the services for which they 
        are contracted.
    ``(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 section 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
                    ``(vi) is receiving training to be certified or 
                licensed as such an aide, nurse, or social worker; and
                    ``(B) provides (or, in the case of a trainee, 
                intends to provide) 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 community-based services authorized under State 
                options described in subsection (c) or (i) of section 
                1915 or, as relevant, 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 Programs.--
            (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 ``programs''; 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 following:
            ``(2) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated to the Secretary 
        $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 availability of 
                                appropriations and''; and
                                    (II) in subparagraph (B)--
                                            (aa) in the heading for 
                                        clause (i), by inserting ``and 
                                        the district of columbia'' 
                                        after ``States''; and
                                            (bb) in clause (ii), by 
                                        inserting ``or the District of 
                                        Columbia'' after ``States''; 
                                        and
                            (ii) by striking paragraph (5) and 
                        inserting the following:
            ``(5) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated to the Secretary 
        for each of fiscal years 2023 through 2025--
                    ``(A) $392,000,000 for grants to States under this 
                subsection; and
                    ``(B) $8,000,000 for grants to Indian tribes and 
                tribal organizations under this subsection.''; and
                    (C) in subsection (c), by striking paragraph (6) 
                and inserting the following:
            ``(6) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated to the Secretary 
        $75,000,000 for each of fiscal years 2023 through 2025 to carry 
        out this subsection.''.
            (2) State entitlement; grants to indian tribes and tribal 
        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 Secretary 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 subsection 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 
        organization.--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 inserting ``to States, Indian 
                        tribes, and tribal organizations'';
                            (ii) in paragraph (2)--
                                    (I) in the matter preceding 
                                subparagraph (A), by inserting ``and 
                                Indian tribes and tribal 
                                organizations'' 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 appears; and
                            (iv) in paragraph (5)--
                                    (I) by inserting ``or Indian tribe 
                                or tribal organization'' after ``Each 
                                State''; and
                                    (II) by inserting ``or Indian tribe 
                                or tribal organization, 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 
        provided 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 Training.--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 Secretary 
        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 Secretary 
        $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 STRUCTURAL 
              COMPETENCY IN PROVIDING HEALTH AND HUMAN SERVICES.

    ``(a) Grants to States to Support Linkages to Legal Services and 
Medical Legal Partnerships.--
            ``(1) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated to the Secretary 
        $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 evidence-based approaches to establishing or 
        improving and maintaining real-time linkages between health and 
        social services and supports for vulnerable elders or in 
        conjunction with authorized representatives of vulnerable 
        elders, including through the following:
                    ``(A) Medical-legal partnerships.--The 
                establishment and support of medical-legal 
                partnerships, the incorporation of the partnerships in 
                the elder justice framework and health and human 
                services safety net, and the implementation 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 professional shortage area (as defined 
                        in section 332(a) of the Public Health Service 
                        Act), a medically underserved 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 professional programs;
                            ``(iv) in a federally qualified health 
                        center, as described 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 hospitals, 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 benefit 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 
        effectiveness of the activities with respect to--
                    ``(A) the number of unique individuals identified 
                through the mechanism outlined in paragraph (2)(B) who 
                are referred 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 
        pursuant 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 subsection 
        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 Social Isolation Among 
Vulnerable Older Adults and People With Disabilities.--
            ``(1) Appropriation.--Out of any money in the Treasury not 
        otherwise appropriated, there are appropriated to the Secretary 
        $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 already 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 (including 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 
                social and clinical supports; and
                    ``(D) evaluating the effect of programs developed 
                and implemented 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 
        report which assesses the extent to which the programs 
        established under this subsection address social isolation and 
        loneliness among older adults and people with disabilities.
            ``(5) Coordination.--The Secretary shall coordinate with 
        resource 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 
        objectively 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, 
        through physical, behavioral, social-cognitive, and emotional 
        channels.
            ``(5) Community-based organization.--The term `community-
        based organization' includes, except as otherwise provided by 
        the Secretary, a nonprofit community-based organization, a 
        consortium of nonprofit community-based organizations, a 
        national nonprofit organization acting as an intermediary for a 
        community-based organization, or a community-based organization 
        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 Services 
$5,000,000 for each of fiscal years 2022 through 2025 to prepare 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 programs, 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, resources available to aging Americans and 
their caregivers to ultimately 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, coordinating 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 
                submitted 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 described in section 1128I(g)''; 
                and
                    (B) in subparagraph (B)--
                            (i) by striking ``Funding.--For purposes'' 
                        and inserting ``Funding.--
                            ``(i) Fiscal years 2023 through 2025.--For 
                        purposes''; and
                            (ii) by adding at the end the following new 
                        clause:
                            ``(ii) Fiscal years 2026 through 2031.--
                        There is appropriated 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 purposes 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 
                        subclause:
                                    ``(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 submits data under this 
                                paragraph, measures under subsection 
                                (h), resident assessment data described 
                                in section 1819(b)(3), or direct care 
                                staffing information described in 
                                section 1128I(g) with respect to such 
                                fiscal year that is inaccurate (as 
                                determined by the Secretary through the 
                                validation process described in section 
                                1888(h)(12) or otherwise), after 
                                determining the percentage described in 
                                paragraph (5)(B)(i), and after 
                                application of clauses (ii) and (iii) 
                                of paragraph (5)(B) and of subclause 
                                (I) of this clause (if applicable), the 
                                Secretary 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 
        appropriated, $250,000,000 for fiscal year 2023 to remain 
        available until expended, for purposes of conducting an annual 
        audit (beginning with 2022 and ending with 2031) of cost 
        reports 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--
                    ``(A) conducting reviews and identifying plans 
                under paragraph (2); and
                    ``(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 
                subsection (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 nursing 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 
                substantiation of cited deficiencies at facilities.
                    ``(D) The accuracy of the identification and 
                appropriateness 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 exploitation 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 appropriate 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 support 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 respect 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 appropriated, $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 study and submit to 
                Congress a report on the appropriateness of 
                establishing minimum staff to resident ratios for 
                nursing staff for skilled nursing facilities. Each such 
                report shall include--
                            ``(i) with respect to the first such 
                        report, recommendations regarding appropriate 
                        minimum ratios of registered nurses (and, if 
                        practicable, licensed practical nurses (or 
                        licensed vocational nurses) and certified 
                        nursing assistants) to residents at such 
                        skilled nursing facilities; and
                            ``(ii) with respect to each subsequent such 
                        report, recommendations regarding appropriate 
                        minimum ratios of registered nurses, licensed 
                        practical nurses (or licensed vocational 
                        nurses), and certified nursing assistants 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 facility if the 
                                Secretary finds that--
                                            ``(aa) the facility is 
                                        located in a rural area and the 
                                        supply of skilled nursing 
                                        facility services 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 
                                        ombudsman (established under 
                                        section 307(a)(12) of the Older 
                                        Americans Act of 1965) and the 
                                        protection 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 
                                        representatives 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 submission of each subsequent report 
                        under subparagraph (B), the Secretary shall, 
                        out of funds appropriated under subparagraph 
                        (A) and consistent with such report, update the 
                        regulations described in clause (i)(I) to 
                        reflect appropriate minimum ratios (if any) of 
                        registered nurses, licensed practical nurses 
                        (or licensed vocational nurses), and certified 
                        nursing assistants 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 
        semicolon 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 subsequent 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 pursuant 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 
        following:
                    ``(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 
        subsequent year, the Secretary shall specify--
                    ``(A) basic treatments (which may include basic 
                tooth restorations, basic periodontal services, tooth 
                extractions, and oral disease management services); and
                    ``(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 
        professional' means, with respect to dental and oral health 
        services, a health professional (other than a doctor of dental 
        surgery 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 following: ``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 
        Social 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 Services.--
            ``(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 (specified 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 
                Secretary, an amount specified by the Secretary for 
                such service under a fee schedule determined 
                appropriate by the Secretary, taking into account fee 
                schedules for such services--
                            ``(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.
            ``(2) Applicable percent.--For purposes of paragraph (1), 
        the applicable percent specified in this paragraph is, with 
        respect to dental and oral health services (as defined in 
        section 1861(lll)) furnished in a year--
                    ``(A) that are preventive and screening services 
                described in paragraph (2) or basic treatments 
                specified for such year pursuant to paragraph (3)(A) of 
                such section, 80 percent; and
                    ``(B) that are major treatments specified for such 
                year pursuant to paragraph (3)(B) of such section--
                            ``(i) in the case such services are 
                        furnished during 2028, 10 percent;
                            ``(ii) in the case such services are 
                        furnished during 2029 or a subsequent year 
                        before 2032, the applicable percent specified 
                        under this subparagraph for the previous year, 
                        increased by 10 percentage points; and
                            ``(iii) in the case such services are 
                        furnished during 2032 or a subsequent year, 50 
                        percent.
            ``(3) Limitations.--With respect to dental and oral health 
        services that are--
                    ``(A) preventive and screening oral exams, payment 
                may be made under this part for not more than two such 
                exams during a 12-month period;
                    ``(B) dental cleanings, payment may be made under 
                this part for not more than two such cleanings during a 
                12-month period; and
                    ``(C) not described in subparagraph (A) or (B), 
                payment may be made under this part only at such 
                frequencies and under such circumstances determined 
                appropriate by the Secretary.
            ``(4) Use of bundled payments.--The Secretary may make 
        payment for dentures and associated professional services, and 
        for any other dental and oral health services, as bundled 
        payments as the Secretary determines appropriate.
            ``(5) Limitation on judicial review.--There shall be no 
        administrative or judicial review under section 1869 or 
        otherwise of--
                    ``(A) the determination of payment amounts under 
                this subsection for dental and oral health services and 
                under subsection (h)(6) or subsection (z)(4) for 
                dentures;
                    ``(B) the determination of what services are basic 
                and major services under subparagraphs (A) and (B) of 
                section 1861(lll)(3); or
                    ``(C) the determination of the frequency and 
                circumstance limitations for dental and oral health 
                services under paragraph (3)(C).''.
    (d) Payment Under Physician Fee Schedule.--
            (1) In general.--Section 1848(j)(3) of the Social Security 
        Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting 
        ``(2)(II),'' before ``(3)''.
            (2) Exclusion from mips.--Section 1848(q)(1)(C)(ii) of the 
        Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(ii)) is 
        amended--
                    (A) in subclause (II), by striking ``or'' at the 
                end;
                    (B) in subclause (III), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(IV) with respect to 2028 and 
                                each subsequent year, is a doctor of 
                                dental surgery or of dental medicine 
                                (as described in section 1861(r)(2)) or 
                                is an oral health professional (as 
                                defined in section 1861(lll)(4)).''.
            (3) Inclusion of oral health professionals as certain 
        practitioners.--Section 1842(b)(18)(C) of the Social Security 
        Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end 
        the following new clause:
            ``(vii) With respect to 2028 and each subsequent year, an 
        oral health professional (as defined in section 
        1861(lll)(4)).''.
    (e) Dentures.--
            (1) In general.--Section 1861(s)(8) of the Social Security 
        Act (42 U.S.C. 1395x(s)(8)) is amended--
                    (A) by striking ``(other than dental)''; and
                    (B) by inserting ``and excluding dental, except for 
                a full or partial set of dentures (as described in 
                section 1834(h)(6)) furnished on or after January 1, 
                2028'' after ``colostomy care''.
            (2) Special payment rules.--
                    (A) Limitations.--Section 1834(h) of the Social 
                Security Act (42 U.S.C. 1395m(h)) is amended by adding 
                at the end the following new paragraph:
            ``(6) Special payment rule for dentures.--Payment may be 
        made under this part with respect to an individual for 
        dentures--
                    ``(A) not more than once during any 5-year period 
                (except in the case that a doctor described in section 
                1861(lll)(1)(A) determines such dentures do not fit the 
                individual); and
                    ``(B) only to the extent that such dentures are 
                furnished pursuant to a written order of such a doctor 
                or professional.''.
                    (B) Application of competitive acquisition.--
                            (i) In general.--Section 1834(h)(1)(H) of 
                        the Social Security Act (42 U.S.C. 
                        1395m(h)(1)(H)) is amended--
                                    (I) in the subparagraph heading, by 
                                inserting ``, dentures'' after 
                                ``orthotics'';
                                    (II) by inserting ``, of dentures 
                                described in paragraph (2)(D) of such 
                                section,'' after ``2011,''; and
                                    (III) in clause (i), by inserting 
                                ``, such dentures'' after 
                                ``orthotics''.
                            (ii) Conforming amendment.--Section 
                        1847(a)(2) of the Social Security Act (42 
                        U.S.C. 1395w-3(a)(2)) is amended by adding at 
                        the end the following new subparagraph:
                    ``(D) Dentures.--Dentures described in section 
                1861(s)(8) for which payment would otherwise be made 
                under section 1834(h).''.
                            (iii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)) is amended by adding at the end the 
                        following new subparagraph:
                    ``(C) Certain dentures.--Those items and services 
                described in paragraph (2)(D) if furnished by a 
                physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
    (f) Exclusion Modifications.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (O), by striking ``and'' at the 
                end;
                    (B) in subparagraph (P), by striking the semicolon 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(Q) in the case of dental and oral health services (as 
        defined in section 1861(lll)) that are preventive and screening 
        services described in paragraph (2) of such section, which are 
        furnished more frequently than provided under section 
        1834(z)(3) or under circumstances other than circumstances 
        determined appropriate under subparagraph (C) of such 
        section;''; and
            (2) in paragraph (12), by inserting before the semicolon at 
        the end the following: ``and except that payment may be made 
        under part B for dental and oral health services that are 
        covered under section 1861(s)(2)(II) and for dentures under 
        section 1861(s)(8)''.
    (g) Certain Non-application.--
            (1) In general.--Paragraphs (1) and (4) of section 1839(a) 
        of the Social Security Act (42 U.S.C. 1395r(a)) are amended by 
        adding at the end of each such paragraphs the following: ``In 
        applying this paragraph there shall not be taken into account 
        benefits and administrative costs attributable to the 
        amendments made by section 134401 (other than subsection (g)) 
        of An Act to provide for reconciliation pursuant to title II of 
        S. Con. Res. 14 and the Government contribution under section 
        1844(a)(5)''.
            (2) Payment.--Section 1844(a) of such Act (42 U.S.C. 
        1395w(a)) is amended--
                    (A) in paragraph (4), by striking the period at the 
                end and inserting ``; plus'';
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) a Government contribution equal to the amount that is 
        estimated to be payable for benefits and related administrative 
        costs incurred that are attributable to the amendments made by 
        section 134401 (other than subsection (g)) of the An Act to 
        provide for reconciliation pursuant to title II of S. Con. Res. 
        14.''; and
                    (C) in the flush matter at the end, by striking 
                ``paragraph (4)'' and inserting ``paragraphs (4) and 
                (5)''.
    (h) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 through 2028 for purposes of implementing 
                        the amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                134402 and 134403.
            (2) Administration.--Notwithstanding any other provision of 
        law, the Secretary may implement, by program instruction or 
        otherwise, any of the provisions of, or amendments made by, 
        this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

SEC. 134402. PROVIDING COVERAGE FOR HEARING CARE UNDER THE MEDICARE 
              PROGRAM.

    (a) Provision of Aural Rehabilitation and Treatment Services by 
Qualified Audiologists.--Section 1861(ll)(3) of the Social Security Act 
(42 U.S.C. 1395x(ll)(3)) is amended by inserting ``(and, beginning 
October 1, 2023, such aural rehabilitation and treatment services)'' 
after ``assessment services''.
    (b) Coverage of Hearing Aids.--
            (1) Inclusion of hearing aids as prosthetic devices.--
        Section 1861(s)(8) of the Social Security Act (42 U.S.C. 
        1395x(s)(8)) is amended by inserting ``, and including hearing 
        aids (as described in section 1834(h)(7)) furnished on or after 
        October 1, 2023, to individuals diagnosed with profound or 
        severe hearing loss'' before the semicolon at the end.
            (2) Payment limitations for hearing aids.--Section 1834(h) 
        of the Social Security Act (42 U.S.C. 1395m(h)), as amended by 
        section 134401(e)(2)(A), is further amended by adding at the 
        end the following new paragraph:
            ``(7) Limitations for hearing aids.--
                    ``(A) In general.--Payment may be made under this 
                part with respect to an individual, with respect to 
                hearing aids furnished on or after October 1, 2023--
                            ``(i) not more than once during a 5-year 
                        period;
                            ``(ii) only for types of such hearing aids 
                        that are not over-the-counter hearing aids (as 
                        defined in section 520(q)(1) of the Federal 
                        Food, Drug, and Cosmetic Act) and that are 
                        determined appropriate by the Secretary; and
                            ``(iii) only if furnished pursuant to a 
                        written order of a physician or qualified 
                        audiologist (as defined in section 
                        1861(ll)(4)(B)).
                    ``(B) Limitation on judicial review.--There shall 
                be no administrative or judicial review under section 
                1869 or otherwise of--
                            ``(i) the determination of the types of 
                        hearing aids paid for under subparagraph 
                        (A)(ii); or
                            ``(ii) the determination of fee schedule 
                        rates for hearing aids described in this 
                        paragraph.''.
            (3) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)), as 
                amended by section 134401(e)(2)(B)(i), is further 
                amended--
                            (i) in the header, by inserting ``, hearing 
                        aids'' after ``dentures'';
                            (ii) by inserting ``, of hearing aids 
                        described in paragraph (2)(E) of such 
                        section,'' after ``paragraph (2)(D) of such 
                        section''; and
                            (iii) in clause (i), by inserting ``, such 
                        hearing aids'' after ``such dentures''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)), 
                        as amended by section 134401(e)(2)(B)(ii), is 
                        further amended by adding at the end the 
                        following new subparagraph:
                    ``(E) Hearing aids.--Hearing aids described in 
                section 1861(s)(8) for which payment would otherwise be 
                made under section 1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)), as amended by section 
                        134401(e)(2)(B)(iii), is further amended by 
                        adding at the end the following new 
                        subparagraph:
                    ``(D) Certain hearing aids.--Those items and 
                services described in paragraph (2)(E) if furnished by 
                a physician or other practitioner (as defined by the 
                Secretary) to the physician's or practitioner's own 
                patients as part of the physician's or practitioner's 
                professional service.''.
            (4) Inclusion of audiologists as certain practitioners to 
        receive payment on an assignment-related basis.--Section 
        1842(b)(18)(C) of the Social Security Act (42 U.S.C. 
        1395u(b)(18)(C)), as amended by section 134401(d)(4), is 
        further amended by adding at the end the following new clause:
                            ``(viii) Beginning October 1, 2023, a 
                        qualified audiologist (as defined in section 
                        1861(ll)(4)(B)).''.
    (c) Exclusion Modification.--Section 1862(a)(7) of the Social 
Security Act (42 U.S.C. 1395y(a)(7)) is amended by inserting ``(except 
such hearing aids or examinations therefor as described in and 
otherwise allowed under section 1861(s)(8))'' after ``hearing aids or 
examinations therefor''.
    (d) Certain Non-application.--
            (1) In general.--The last sentence of section 1839(a)(1) of 
        the Social Security Act (42 U.S.C. 1395r(a)(1)), as added by 
        section 134401(g)(1), is amended by striking ``section 134401 
        (other than subsection (g))'' and inserting ``sections 134401 
        (other than subsection (g)), 134402 (other than subsection 
        (d))''.
            (2) Payment.--Paragraph (4) of section 1844(a) of such Act 
        (42 U.S.C. 1395w(a)), as added by section 134401(g)(2), is 
        amended by striking ``section 134401 (other than subsection 
        (g))'' and inserting ``sections 134401 (other than subsection 
        (g)), 134402 (other than subsection (d))''.
    (e) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 through 2023 for purposes of implementing 
                        the amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                134401 and 134403.
            (2) Administration.--Notwithstanding any other provision of 
        law, the Secretary may implement, by program instruction or 
        otherwise, any of the provisions of, or amendments made by, 
        this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

SEC. 134403. PROVIDING COVERAGE FOR VISION CARE UNDER THE MEDICARE 
              PROGRAM.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)), as amended by section 134401(a), is further 
amended--
            (1) in subparagraph (HH), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (II), by striking the period at the end 
        and adding ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(JJ) vision services (as defined in subsection (mmm));''.
    (b) Vision Services Defined.--Section 1861 of the Social Security 
Act (42 U.S.C. 1395x), as amended by section 134401(b), is further 
amended by adding at the end the following new subsection:
    ``(mmm) Vision Services.--The term `vision services' means--
            ``(1) routine eye examinations to determine the refractive 
        state of the eyes, including procedures performed during the 
        course of such examination; and
            ``(2) contact lens fitting services;
furnished on or after October 1, 2022, by or under the direct 
supervision of an ophthalmologist or optometrist who is legally 
authorized to furnish such examinations, procedures, or fitting 
services (as applicable) under State law (or the State regulatory 
mechanism provided by State law) of the State in which the 
examinations, procedures, or fitting services are furnished.''.
    (c) Payment Limitations.--Section 1834 of the Social Security Act 
(42 U.S.C. 1395m), as amended by section 134401(c)(2), is further 
amended by adding at the end the following new subsection:
    ``(aa) Limitation for Vision Services.--With respect to vision 
services (as defined in section 1861(mmm)) and an individual, payment 
may be made under this part for only 1 routine eye examination 
described in paragraph (1) of such section and 1 contact lens fitting 
service described in paragraph (2) of such section during a 2-year 
period.''.
    (d) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of 
the Social Security Act (42 U.S.C. 1395w-4(j)(3)), as amended by 
section 134401(d)(1), is further amended by inserting ``(2)(JJ),'' 
before ``(3)''.
    (e) Coverage of Conventional Eyeglasses and Contact Lenses.--
            (1) In general.--Section 1861(s)(8) of the Social Security 
        Act (42 U.S.C. 1395x(s)(8)), as amended by section 
        134402(b)(1), is further amended by striking ``, and including 
        one pair of conventional eyeglasses or contact lenses furnished 
        subsequent to each cataract surgery with insertion of an 
        intraocular lens'' and inserting ``, including one pair of 
        conventional eyeglasses or contact lenses furnished subsequent 
        to each cataract surgery with insertion of an intraocular lens, 
        if furnished before October 1, 2022, and including conventional 
        eyeglasses or contact lenses (as described in section 
        1834(h)(8)), whether or not furnished subsequent to such a 
        surgery, if furnished on or after October 1, 2022''.
            (2) Conforming amendment.--Section 1842(b)(11)(A) of the 
        Social Security Act (42 U.S.C. 1395u(b)(11)(A)) is amended by 
        inserting ``furnished prior to October 1, 2022,'' after 
        ``relating to them,''.
    (f) Special Payment Rules for Eyeglasses and Contact Lenses.--
            (1) Limitations.--Section 1834(h) of the Social Security 
        Act (42 U.S.C. 1395m(h)), as amended by section 134401(e)(2)(A) 
        and section 134402(b)(2), is further amended by adding at the 
        end the following new paragraph:
            ``(8) Payment limitations for eyeglasses and contact 
        lenses.--
                    ``(A) In general.--With respect to eyeglasses and 
                contact lenses furnished to an individual on or after 
                October 1, 2022, subject to subparagraph (B), payment 
                may be made under this part only--
                            ``(i) during a 2-year period, for either 1 
                        pair of eyeglasses (including lenses and 
                        frames) or not more than a 2-year supply of 
                        contact lenses;
                            ``(ii) with respect to amounts attributable 
                        to the lenses and frames of such a pair of 
                        eyeglasses or amounts attributable to such a 2-
                        year supply of contact lenses, in an amount not 
                        greater than--
                                    ``(I) for a pair of eyeglasses 
                                furnished in, or a 2-year supply of 
                                contact lenses beginning in, 2022--
                                            ``(aa) $85 for the lenses 
                                        of such pair of eyeglasses and 
                                        $85 for the frames of such pair 
                                        of eyeglasses; or
                                            ``(bb) $85 for such 2-year 
                                        supply of contact lenses; and
                                    ``(II) for the lenses and frames of 
                                a pair of eyeglasses furnished in, or a 
                                2-year supply of contact lenses 
                                beginning in, a subsequent year, the 
                                dollar amounts specified under this 
                                subparagraph for the previous year, 
                                increased by the percentage change in 
                                the consumer price index for all urban 
                                consumers (United States city average) 
                                for the 12-month period ending with 
                                June of the previous year;
                            ``(iii) if furnished pursuant to a written 
                        order of a physician described in section 
                        1861(lll); and
                            ``(iv) if during the 2-year period 
                        described in clause (i), the individual did not 
                        already receive (as described in subparagraph 
                        (B)) one pair of conventional eyeglasses or 
                        contact lenses subsequent to a cataract surgery 
                        with insertion of an intraocular lens furnished 
                        during such period.
                    ``(B) Exception.--With respect to a 2-year period 
                described in subparagraph (A)(i), in the case of an 
                individual who receives cataract surgery with insertion 
                of an intraocular lens, notwithstanding subparagraph 
                (A), payment may be made under this part for one pair 
                of conventional eyeglasses or contact lenses furnished 
                subsequent to such cataract surgery during such period.
                    ``(C) Limitation on judicial review.--There shall 
                be no administrative or judicial review under section 
                1869 or otherwise of--
                            ``(i) the determination of the types of 
                        eyeglasses and contact lenses covered under 
                        this paragraph; or
                            ``(ii) the determination of fee schedule 
                        rates under this subsection for eyeglasses and 
                        contact lenses.''.
            (2) Application of competitive acquisition.--
                    (A) In general.--Section 1834(h)(1)(H) of the 
                Social Security Act (42 U.S.C. 1395m(h)(1)(H)), as 
                amended by section 134401(e)(2)(B)(i) and section 
                134402(b)(3)(A), is further amended--
                            (i) in the header by inserting ``, 
                        eyeglasses, and contact lenses'' after 
                        ``hearing aids'';
                            (ii) by inserting ``and of eyeglasses and 
                        contact lenses described in paragraph (2)(F) of 
                        such section,'' after ``paragraph (2)(E) of 
                        such section,''; and
                            (iii) in clause (i), by inserting ``, or 
                        such eyeglasses and contact lenses'' after 
                        ``such hearing aids''.
                    (B) Conforming amendment.--
                            (i) In general.--Section 1847(a)(2) of the 
                        Social Security Act (42 U.S.C. 1395w-3(a)(2)), 
                        as amended by section 134401(e)(2)(B)(ii) and 
                        section 134402(b)(3)(B)(i), is further amended 
                        by adding at the end the following new 
                        subparagraph:
                    ``(F) Eyeglasses and contact lenses.--Eyeglasses 
                and contact lenses described in section 1861(s)(8) for 
                which payment would otherwise be made under section 
                1834(h).''.
                            (ii) Exemption of certain items from 
                        competitive acquisition.--Section 1847(a)(7) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        3(a)(7)), as amended by section 
                        134401(e)(2)(B)(iii) and section 
                        134402(b)(3)(B)(ii), is further amended by 
                        adding at the end the following new 
                        subparagraph:
                    ``(E) Certain eyeglasses and contact lenses.--Those 
                items and services described in paragraph (2)(F) if 
                furnished by a physician or other practitioner (as 
                defined by the Secretary) to the physician's or 
                practitioner's own patients as part of the physician's 
                or practitioner's professional service.''.
    (g) Exclusion Modifications.--Section 1862(a) of the Social 
Security Act (42 U.S.C. 1395y(a)), as amended by section 134401(f), is 
further amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (P), by striking ``and'' at the 
                end;
                    (B) in subparagraph (Q), by striking the semicolon 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(R) in the case of vision services (as defined in section 
        1861(mmm)) that are routine eye examinations and contact lens 
        fitting services (as described in paragraph (1) or (2), 
        respectively, of such section), which are furnished more 
        frequently than once during a 2-year period;''; and
            (2) in paragraph (7)--
                    (A) by inserting ``(other than such an examination 
                that is a vision service that is covered under section 
                1861(s)(2)(JJ))'' after ``eye examinations''; and
                    (B) by inserting ``(other than such a procedure 
                that is a vision service that is covered under section 
                1861(s)(2)(JJ))'' after ``refractive state of the 
                eyes''.
    (h) Certain Non-application.--
            (1) In general.--The last sentence of section 1839(a)(1) of 
        the Social Security Act (42 U.S.C. 1395r(a)(1)), as added by 
        section 134401(g)(1) and amended by section 134402(d)(1), is 
        further amended by inserting ``, and 134403 (other than 
        subsection (h))'' after ``134402 (other than subsection (d))''.
            (2) Payment.--Paragraph (4) of section 1844(a) of such Act 
        (42 U.S.C. 1395w(a)), as added by section 134401(g)(2) and 
        amended by section 134402(d)(2), is further amended by 
        inserting ``, and 134403 (other than subsection (h))'' after 
        ``134402 (other than subsection (d))''.
    (i) Implementation.--
            (1) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, the Secretary of Health and Human Services 
                (in this subsection referred to as the ``Secretary'') 
                shall provide for the transfer from the Federal 
                Supplementary Medical Insurance Trust Fund under 
                section 1841 of the Social Security Act (42 U.S.C. 
                1395t) to the Centers for Medicare & Medicaid Services 
                Program Management Account of--
                            (i) $20,000,000 for each of fiscal years 
                        2022 and 2023 for purposes of implementing the 
                        amendments made by this section; and
                            (ii) such sums as determined appropriate by 
                        the Secretary for each subsequent fiscal year 
                        for purposes of administering the provisions of 
                        such amendments.
                    (B) Availability and additional use of funds.--
                Funds transferred pursuant to subparagraph (A) shall 
                remain available until expended and may be used, in 
                addition to the purpose specified in subparagraph 
                (A)(i), to implement the amendments made by sections 
                134401 and 134402.
            (2) Administration.--Notwithstanding any other provision of 
        law, the Secretary may implement, by program instruction or 
        otherwise, any of the provisions of, or amendments made by, 
        this section.
            (3) Paperwork reduction act.--Chapter 35 of title 44, 
        United States Code, shall not apply to the provisions of, or 
        the amendments made by, this section.

     Subtitle F--Infrastructure Financing and Community Development

SEC. 135001. 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 Internal 
Revenue Code of 1986.

                    PART 1--INFRASTRUCTURE FINANCING

                       Subpart A--Bond Financing

SEC. 135101. CREDIT TO ISSUER FOR CERTAIN INFRASTRUCTURE BONDS.

    (a) In General.--Subchapter B of chapter 65 is amended by inserting 
before section 6432 the following new section:

``SEC. 6431A. CREDIT ALLOWED TO ISSUER FOR QUALIFIED INFRASTRUCTURE 
              BONDS.

    ``(a) In General.--In the case of a qualified infrastructure bond, 
the issuer of such bond shall be allowed a credit with respect to each 
interest payment under such bond which shall be payable by the 
Secretary as provided in subsection (b).
    ``(b) Payment of Credit.--
            ``(1) In general.--The Secretary shall pay 
        (contemporaneously with each date on which interest is paid, 
        including any interest paid after the originally scheduled 
        payment date) to the issuer of such bond (or, at the direction 
        of the issuer, to any person who makes such interest payments 
        on behalf of such issuer) an amount equal to the applicable 
        percentage of such interest so paid.
            ``(2) Applicable percentage.--For purposes of this 
        subsection, except as provided in subsection (d), the 
        applicable percentage with respect to any bond shall be 
        determined under the following table:
``In the case of a bond issued      The applicable percentage is:
        during calendar year:
        2022 through 2024..................................         35%
        2025...............................................         32%
        2026...............................................         30%
        2027 and thereafter................................         28%

            ``(3) Limitation.--
                    ``(A) In general.--The amount of any interest 
                payment taken into account under paragraph (1) with 
                respect to a bond for any payment date shall not exceed 
                the amount of interest which would have been payable 
                under such bond for such payment date if interest were 
                determined at the applicable credit rate multiplied by 
                the applicable amount for such bond for such payment 
                date.
                    ``(B) Applicable credit rate.--For purposes of 
                subparagraph (A)--
                            ``(i) In general.--The applicable credit 
                        rate is the rate which the Secretary estimates 
                        will permit the issuance of qualified 
                        infrastructure bonds with a specified maturity 
                        or redemption date without discount and without 
                        additional interest cost to the issuer.
                            ``(ii) Date of determination.--The 
                        applicable credit rate with respect to any 
                        qualified infrastructure bond shall be 
                        determined as of the first day on which there 
                        is a binding, written contract for the sale or 
                        exchange of the bond.
                    ``(C) Applicable amount.--
                            ``(i) Bonds with more than de minimis 
                        original issue discount.--In the case of any 
                        bond that has more than a de minimis amount of 
                        original issue discount (determined under the 
                        rules of section 1273(a)(3)), the applicable 
                        amount for a payment date is the issue price of 
                        such bond (within the meaning of section 148), 
                        as adjusted for any principal payments made 
                        prior to such date.
                            ``(ii) Other bonds.--In the case of any 
                        other bond, the applicable amount for a payment 
                        date is the outstanding principal amount of 
                        such bond on such payment date (determined 
                        without taking into account any principal 
                        payment on such bond on such date).
    ``(c) Qualified Infrastructure Bond.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified infrastructure bond' means any bond (other than a 
        private activity bond) issued as part of an issue if--
                    ``(A) 100 percent of the excess of available 
                project proceeds of such issue over the amounts in a 
                reasonably required reserve (within the meaning of 
                section 150(a)(3)) with respect to such issue are to be 
                used for--
                            ``(i) capital expenditures or operations 
                        and maintenance expenditures in connection with 
                        property the acquisition, construction, or 
                        improvement of which would be a capital 
                        expenditure, or
                            ``(ii) payments made by a State or 
                        political subdivision of a State to a custodian 
                        of a rail corridor for purposes of the 
                        transfer, lease, sale, or acquisition of an 
                        established railroad right-of-way consistent 
                        with section 8(d) of the National Trails Act of 
                        1968, but only if the Surface Transportation 
                        Board has issued a certificate of interim trail 
                        use or notice of interim trail use for purposes 
                        of authorizing such transfer, lease, sale, or 
                        acquisition,
                    ``(B) the interest on such bond would (but for this 
                section) be excludable from gross income under section 
                103,
                    ``(C) the issue price has not more than a de 
                minimis amount (determined under rules similar to the 
                rules of section 1273(a)(3)) of premium over the stated 
                principal amount of the bond, and
                    ``(D) prior to the issuance of such bond, the 
                issuer makes an irrevocable election to have this 
                section apply.
            ``(2) Applicable rules.--For purposes of applying paragraph 
        (1)--
                    ``(A) Not treated as federally guaranteed.--For 
                purposes of section 149(b), a qualified infrastructure 
                bond shall not be treated as federally guaranteed by 
                reason of the credit allowed under this section.
                    ``(B) Application of arbitrage rules.--For purposes 
                of section 148, the yield on a qualified infrastructure 
                bond shall be reduced by the credit allowed under this 
                section, except that no such reduction shall apply in 
                determining the amount of gross proceeds of an issue 
                that qualifies as a reasonably required reserve or 
                replacement fund.
    ``(d) Definition and Special Rules.--For purposes of this section--
            ``(1) Interest includible in gross income.--For purposes of 
        this title, interest on any qualified infrastructure bond shall 
        be includible in gross income.
            ``(2) Available project proceeds.--The term `available 
        project proceeds' means--
                    ``(A) the excess of--
                            ``(i) the proceeds from the sale of an 
                        issue, over
                            ``(ii) issuance costs financed by the issue 
                        (to the extent that such costs do not exceed 2 
                        percent of such proceeds), and
                    ``(B) the proceeds from any investment of the 
                excess described in subparagraph (A).
            ``(3) Current refundings allowed.--
                    ``(A) In general.--In the case of a bond issued to 
                refund a qualified infrastructure bond, such refunding 
                bond shall not be treated as a qualified infrastructure 
                bond for purposes of this section unless--
                            ``(i) the average maturity date of the 
                        issue of which the refunding bond is a part is 
                        not later than the average maturity date of the 
                        bonds to be refunded by such issue,
                            ``(ii) the amount of the refunding bond 
                        does not exceed the outstanding amount of the 
                        refunded bond,
                            ``(iii) the refunded bond is redeemed not 
                        later than 90 days after the date of the 
                        issuance of the refunding bond, and
                            ``(iv) the refunded bond was issued more 
                        than 30 days after the date of the enactment of 
                        this section.
                    ``(B) Applicable percentage limitation.--The 
                applicable percentage with respect to any bond to which 
                subparagraph (A) applies shall be 28 percent.
                    ``(C) Determination of average maturity.--For 
                purposes of subparagraph (A)(i), average maturity shall 
                be determined in accordance with section 147(b)(2)(A).
            ``(4) Application of davis-bacon act requirements with 
        respect to qualified infrastructure bonds.--Subchapter IV of 
        chapter 31 of title 40, United States Code, shall apply to 
        projects financed with the proceeds of qualified infrastructure 
        bonds.
    ``(e) Regulations.--The Secretary may prescribe such regulations 
and other guidance as may be necessary or appropriate to carry out this 
section.''.
    (b) Gross-up of Payment to Issuers in Case of Sequestration.--In 
the case of any payment under section 6431A of the Internal Revenue 
Code of 1986 made after the date of the enactment of this Act to which 
sequestration applies, the amount of such payment shall be increased to 
an amount equal to--
            (1) such payment (determined before such sequestration), 
        multiplied by
            (2) the quotient obtained by dividing 1 by the amount by 
        which 1 exceeds the percentage reduction in such payment 
        pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration'' means any 
reduction in direct spending ordered in accordance with a sequestration 
report prepared by the Director of the Office and Management and Budget 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 or the Statutory Pay-As-You-Go Act of 2010.
    (c) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is 
        amended by striking ``or 6431'' and inserting ``6431, or 
        6431A''.
            (2) The table of sections for subchapter B of chapter 65 is 
        amended by inserting before the item relating to section 6432 
        the following new item:

``Sec. 6431A. Credit allowed to issuer for qualified infrastructure 
                            bonds.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to bonds issued after December 31, 2021.

SEC. 135102. ADVANCE REFUNDING BONDS.

    (a) In General.--Section 149(d) is amended--
            (1) by striking ``to advance refund another bond.'' in 
        paragraph (1) and inserting ``as part of an issue described in 
        paragraph (2), (3), or (4).'',
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (5) and (7), respectively,
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Certain private activity bonds.--An issue is 
        described in this paragraph if any bond (issued as part of such 
        issue) is issued to advance refund a private activity bond 
        (other than a qualified 501(c)(3) bond).
            ``(3) Other bonds.--
                    ``(A) In general.--An issue is described in this 
                paragraph if any bond (issued as part of such issue), 
                hereinafter in this paragraph referred to as the 
                `refunding bond', is issued to advance refund a bond 
                unless--
                            ``(i) the refunding bond is only--
                                    ``(I) the first advance refunding 
                                of the original bond if the original 
                                bond is issued after 1985, or
                                    ``(II) the first or second advance 
                                refunding of the original bond if the 
                                original bond was issued before 1986,
                            ``(ii) in the case of refunded bonds issued 
                        before 1986, the refunded bond is redeemed not 
                        later than the earliest date on which such bond 
                        may be redeemed at par or at a premium of 3 
                        percent or less,
                            ``(iii) in the case of refunded bonds 
                        issued after 1985, the refunded bond is 
                        redeemed not later than the earliest date on 
                        which such bond may be redeemed,
                            ``(iv) the initial temporary period under 
                        section 148(c) ends--
                                    ``(I) with respect to the proceeds 
                                of the refunding bond not later than 30 
                                days after the date of issue of such 
                                bond, and
                                    ``(II) with respect to the proceeds 
                                of the refunded bond on the date of 
                                issue of the refunding bond, and
                            ``(v) in the case of refunded bonds to 
                        which section 148(e) did not apply, on and 
                        after the date of issue of the refunding bond, 
                        the amount of proceeds of the refunded bond 
                        invested in higher yielding investments (as 
                        defined in section 148(b)) which are nonpurpose 
                        investments (as defined in section 
                        148(f)(6)(A)) does not exceed--
                                    ``(I) the amount so invested as 
                                part of a reasonably required reserve 
                                or replacement fund or during an 
                                allowable temporary period, and
                                    ``(II) the amount which is equal to 
                                the lesser of 5 percent of the proceeds 
                                of the issue of which the refunded bond 
                                is a part or $100,000 (to the extent 
                                such amount is allocable to the 
                                refunded bond).
                    ``(B) Special rules for redemptions.--
                            ``(i) Issuer must redeem only if debt 
                        service savings.--Clause (ii) and (iii) of 
                        subparagraph (A) shall apply only if the issuer 
                        may realize present value debt service savings 
                        (determined without regard to administrative 
                        expenses) in connection with the issue of which 
                        the refunding bond is a part.
                            ``(ii) Redemptions not required before 90th 
                        day.--For purposes of clauses (ii) and (iii) of 
                        subparagraph (A), the earliest date referred to 
                        in such clauses shall not be earlier than the 
                        90th day after the date of issuance of the 
                        refunding bond.
            ``(4) Abusive transactions prohibited.--An issue is 
        described in this paragraph if any bond (issued as part of such 
        issue) is issued to advance refund another bond and a device is 
        employed in connection with the issuance of such issue to 
        obtain a material financial advantage (based on arbitrage) 
        apart from savings attributable to lower interest rates.'', and
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:
            ``(6) Special rules for purposes of paragraph (3).--For 
        purposes of paragraph (3), bonds issued before October 22, 
        1986, shall be taken into account under subparagraph (A)(i) 
        thereof except--
                    ``(A) a refunding which occurred before 1986 shall 
                be treated as an advance refunding only if the 
                refunding bond was issued more than 180 days before the 
                redemption of the refunded bond, and
                    ``(B) a bond issued before 1986, shall be treated 
                as advance refunded no more than once before March 15, 
                1986.''.
    (b) Conforming Amendment.--Section 148(f)(4)(C) is amended by 
redesignating clauses (xiv) through (xvi) as clauses (xv) to (xvii), 
respectively, and by inserting after clause (xiii) the following new 
clause:
                            ``(xiv) Determination of initial temporary 
                        period.--For purposes of this subparagraph, the 
                        end of the initial section temporary period 
                        shall be determined without regard to section 
                        149(d)(3)(A)(iv).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to advance refunding bonds issued more than 30 days after the 
date of the enactment of this Act.

SEC. 135103. PERMANENT MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-
              EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL 
              INSTITUTIONS.

    (a) Permanent Increase in Limitation.--Subparagraphs (C)(i), 
(D)(i), and (D)(iii)(II) of section 265(b)(3) are each amended by 
striking ``$10,000,000'' and inserting ``$30,000,000''.
    (b) Permanent Modification of Other Special Rules.--Section 
265(b)(3) is amended--
            (1) by redesignating clauses (iv), (v), and (vi) of 
        subparagraph (G) as clauses (ii), (iii), and (iv), 
        respectively, and moving such clauses to the end of 
        subparagraph (H) (as added by paragraph (2)), and
            (2) by striking so much of subparagraph (G) as precedes 
        such clauses and inserting the following:
                    ``(G) Qualified 501(c)(3) bonds treated as issued 
                by exempt organization.--In the case of a qualified 
                501(c)(3) bond (as defined in section 145), this 
                paragraph shall be applied by treating the 501(c)(3) 
                organization for whose benefit such bond was issued as 
                the issuer.
                    ``(H) Special rule for qualified financings.--
                            ``(i) In general.--In the case of a 
                        qualified financing issue--
                                    ``(I) subparagraph (F) shall not 
                                apply, and
                                    ``(II) any obligation issued as a 
                                part of such issue shall be treated as 
                                a qualified tax-exempt obligation if 
                                the requirements of this paragraph are 
                                met with respect to each qualified 
                                portion of the issue (determined by 
                                treating each qualified portion as a 
                                separate issue which is issued by the 
                                qualified borrower with respect to 
                                which such portion relates).''.
    (c) Inflation Adjustment.--Section 265(b)(3), as amended by 
subsection (b), is amended by adding at the end the following new 
subparagraph:
                    ``(I) Inflation adjustment.--In the case of any 
                calendar year after 2021, the $30,000,000 amounts 
                contained in subparagraphs (C)(i), (D)(i), and 
                (D)(iii)(II) shall each be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for such 
                        calendar year, determined by substituting 
                        `calendar year 2020' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                Any increase determined under the preceding sentence 
                shall be rounded to the nearest multiple of 
                $100,000.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 135104. MODIFICATIONS TO QUALIFIED SMALL ISSUE BONDS.

    (a) Manufacturing Facilities To Include Production of Intangible 
Property and Functionally Related Facilities.--Subparagraph (C) of 
section 144(a)(12) is amended to read as follows:
                    ``(C) Manufacturing facility.--For purposes of this 
                paragraph--
                            ``(i) In general.--The term `manufacturing 
                        facility' means any facility which--
                                    ``(I) is used in the manufacturing 
                                or production of tangible personal 
                                property (including the processing 
                                resulting in a change in the condition 
                                of such property),
                                    ``(II) is used in the creation or 
                                production of intangible property which 
                                is described in section 
                                197(d)(1)(C)(iii), or
                                    ``(III) is functionally related and 
                                subordinate to a facility described in 
                                subclause (I) or (II) if such facility 
                                is located on the same site as the 
                                facility described in subclause (I) or 
                                (II).
                            ``(ii) Certain facilities included.--The 
                        term `manufacturing facility' includes 
                        facilities that are directly related and 
                        ancillary to a manufacturing facility 
                        (determined without regard to this clause) if--
                                    ``(I) those facilities are located 
                                on the same site as the manufacturing 
                                facility, and
                                    ``(II) not more than 25 percent of 
                                the net proceeds of the issue are used 
                                to provide those facilities.
                            ``(iii) Limitation on office space.--A rule 
                        similar to the rule of section 142(b)(2) shall 
                        apply for purposes of clause (i).
                            ``(iv) Limitation on refundings for certain 
                        property.--Subclauses (II) and (III) of clause 
                        (i) shall not apply to any bond issued on or 
                        before the date of the enactment of the Act to 
                        provide for reconciliation pursuant to title II 
                        of S. Con. Res. 14, or to any bond issued to 
                        refund a bond issued on or before such date 
                        (other than a bond to which clause (iii) of 
                        this subparagraph (as in effect before the date 
                        of the enactment of such Act) applies), either 
                        directly or in a series of refundings.''.
    (b) Increase in Limitations.--Section 144(a)(4) is amended--
            (1) in subparagraph (A)(i), by striking ``$10,000,000'' and 
        inserting ``$30,000,000'', and
            (2) in the heading, by striking ``$10,000,000'' and 
        inserting ``$30,000,000''.
    (c) Adjustment for Inflation.--Section 144(a)(4) is amended by 
adding at the end the following new subparagraph:
                    ``(H) Adjustment for inflation.--In the case of any 
                calendar year after 2021, the $30,000,000 amount in 
                subparagraph (A) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2020' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                If any amount as increased under the preceding sentence 
                is not a multiple of $100,000, such amount shall be 
                rounded to the nearest multiple of $100,000.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 135105. EXPANSION OF CERTAIN EXCEPTIONS TO THE PRIVATE ACTIVITY 
              BOND RULES FOR FIRST-TIME FARMERS.

    (a) Increase in Dollar Limitation.--
            (1) In general.--Section 147(c)(2)(A) is amended by 
        striking ``$450,000'' and inserting ``$552,500''.
            (2) Repeal of separate lower dollar limitation on used farm 
        equipment.--Section 147(c)(2) is amended by striking 
        subparagraph (F) and by redesignating subparagraphs (G) and (H) 
        as subparagraphs (F) and (G), respectively.
            (3) Qualified small issue bond limitation conformed to 
        increased dollar limitation.--Section 144(a)(11)(A) is amended 
        by striking ``$250,000'' and inserting ``$552,500''.
            (4) Inflation adjustment.--
                    (A) In general.--Section 147(c)(2)(G), as 
                redesignated by paragraph (2), is amended--
                            (i) by striking ``after 2008, the dollar 
                        amount in subparagraph (A) shall be increased'' 
                        and inserting ``after 2021, the dollar amounts 
                        in subparagraph (A) and section 144(a)(11)(A) 
                        shall each be increased'', and
                            (ii) in clause (ii), by striking ``2007'' 
                        and inserting ``2020''.
                    (B) Cross-reference.--Section 144(a)(11) is amended 
                by adding at the end the following new subparagraph:
                    ``(D) Inflation adjustment.--For inflation 
                adjustment of dollar amount contained in subparagraph 
                (A), see section 147(c)(2)(G).''.
    (b) Substantial Farmland Determined on Basis of Average Rather Than 
Median Farm Size.--Section 147(c)(2)(E) is amended by striking 
``median'' and inserting ``average''.
    (c) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 135106. CERTAIN WATER AND SEWAGE FACILITY BONDS EXEMPT FROM VOLUME 
              CAP ON PRIVATE ACTIVITY BONDS.

    (a) In General.--Section 146(g) is amended by striking ``and'' at 
the end of paragraph (3), striking the period at the end of paragraph 
(4) and inserting ``, and'', and inserting after paragraph (4) the 
following new paragraph:
            ``(5) any exempt facility bond issued as part of an issue 
        described in paragraph (4) or (5) of section 142(a) if 95 
        percent or more of the net proceeds of such issue are to be 
        used to provide facilities which--
                    ``(A) will be used--
                            ``(i) by a person who was, as of July 1, 
                        2020, engaged in operation of a facility 
                        described in such paragraph, and
                            ``(ii) to provide service within the area 
                        served by such person on such date (or within a 
                        county or city any portion of which is within 
                        such area), or
                    ``(B) will be used by a successor in interest to 
                such person for the same use and within the same 
                service area as described in subparagraph (A).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 135107. EXEMPT FACILITY BONDS FOR ZERO-EMISSION VEHICLE 
              INFRASTRUCTURE.

    (a) In General.--Section 142 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (14), by striking ``or'' at the 
                end,
                    (B) in paragraph (15), by striking the period at 
                the end and inserting ``, or'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(16) zero-emission vehicle infrastructure.'', and
            (2) by adding at the end the following new subsection:
    ``(n) Zero-Emission Vehicle Infrastructure.--
            ``(1) In general.--For purposes of subsection (a)(16), the 
        term `zero-emission vehicle infrastructure' means any property 
        (not including a building and its structural components) if 
        such property is part of a unit which--
                    ``(A) is used to charge or fuel zero-emissions 
                vehicles,
                    ``(B) is located where the vehicles are charged or 
                fueled,
                    ``(C) is of a character subject to the allowance 
                for depreciation (or amortization in lieu of 
                depreciation),
                    ``(D) is made available for use by members of the 
                general public,
                    ``(E) accepts payment via a credit card reader, 
                including a credit card reader that uses contactless 
                technology, and
                    ``(F) is capable of charging or fueling vehicles 
                produced by more than one manufacturer (within the 
                meaning of section 30D(d)(3)).
            ``(2) Inclusion of utility service connections, etc.--The 
        term `zero-emission vehicle infrastructure' shall include any 
        utility service connections, utility panel upgrades, line 
        extensions and conduit, transformer upgrades, or similar 
        property, in connection with property meeting the requirements 
        of paragraph (1).
            ``(3) Zero-emissions vehicle.--The term `zero-emissions 
        vehicle' means--
                    ``(A) a zero-emission vehicle as defined in section 
                88.102-94 of title 40, Code of Federal Regulations, or
                    ``(B) a vehicle that produces zero exhaust 
                emissions of any criteria pollutant (or precursor 
                pollutant) or greenhouse gas under any possible 
                operational modes and conditions.
            ``(4) Zero-emissions vehicle infrastructure located within 
        other facilities or projects.--For purposes of subsection (a), 
        any zero-emission vehicle infrastructure located within--
                    ``(A) a facility or project described in subsection 
                (a), or
                    ``(B) an area adjacent to a facility or project 
                described in subsection (a) that primarily serves 
                vehicles traveling to or from such facility or project,
        shall be treated as described in the paragraph in which such 
        facility or project is described.
            ``(5) Exception for refueling property for fleet 
        vehicles.--Subparagraphs (D), (E), and (F) of paragraph (1) 
        shall not apply to property which is part of a unit which is 
        used exclusively by fleets of commercial or governmental 
        vehicles.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2021.

SEC. 135108. APPLICATION OF DAVIS-BACON ACT REQUIREMENTS WITH RESPECT 
              TO CERTAIN EXEMPT FACILITY BONDS.

    (a) In General.--Section 142(b) is amended by adding at the end the 
following new paragraph:
            ``(3) Application of davis-bacon act requirements with 
        respect to certain exempt facility bonds.--If any proceeds of 
        any issue are used for construction, alteration, or repair of 
        any facility otherwise described in paragraph (4), (5), (15), 
        or (16) of subsection (a), such facility shall be treated for 
        purposes of subsection (a) as described in such paragraph only 
        if each entity that receives such proceeds to conduct such 
        construction, alteration, or repair agrees to comply with the 
        provisions of subchapter IV of chapter 31 of title 40, United 
        States Code with respect to such construction, alteration, or 
        repair.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to bonds issued after the date of the enactment of this Act.

    Subpart B--Other Provisions Related to Infrastructure Financing

SEC. 135111. CREDIT FOR OPERATIONS AND MAINTENANCE COSTS OF GOVERNMENT-
              OWNED BROADBAND.

    (a) In General.--Subchapter B of chapter 65, as amended by the 
preceding provisions of this Act, is amended by inserting before 
section 6432 the following new section:

``SEC. 6431B. CREDIT FOR OPERATIONS AND MAINTENANCE COSTS OF 
              GOVERNMENT-OWNED BROADBAND.

    ``(a) In General.--In the case of any eligible governmental entity, 
there shall be allowed a credit equal to the applicable percentage of 
the qualified broadband expenses paid or incurred by such entity during 
the taxable year which credit shall be payable by the Secretary as 
provided in subsection (b).
    ``(b) Payment of Credit.--Upon receipt from an eligible 
governmental entity of such information as the Secretary may require 
for purposes of carrying out this section, the Secretary shall pay to 
such entity the amount of the credit determined under subsection (a) 
for the taxable year.
    ``(c) Limitation.--The amount of qualified broadband expenses taken 
into account under this section for any taxable year with respect to 
any qualified broadband network shall not exceed the product of $400 
multiplied by the number of qualified households subscribed to the 
qualified broadband service provided by such network (determined as of 
any time during such taxable year).
    ``(d) Definitions.--For purposes of this section--
            ``(1) Applicable percentage.--The term `applicable 
        percentage' means--
                    ``(A) in the case of any taxable year beginning in 
                2021 through 2026, 30 percent,
                    ``(B) in the case of any taxable year beginning in 
                2027, 26 percent, and
                    ``(C) in the case of any taxable year beginning in 
                2028, 24 percent.
            ``(2) Eligible governmental entity.--The term `eligible 
        governmental entity' means--
                    ``(A) any State, local, or Indian tribal 
                government,
                    ``(B) any political subdivision or instrumentality 
                of any government described in subparagraph (A), and
                    ``(C) any entity wholly owned by one or more 
                entities described in subparagraph (A) or (B).
        For purposes of this paragraph, the term `State' includes any 
        possession of the United States.
            ``(3) Qualified broadband expenses.--The term `qualified 
        broadband expenses' means so much of the amounts paid or 
        incurred for the operation and maintenance of a qualified 
        broadband network as are properly allocable to qualified 
        households subscribed to the qualified broadband service 
        provided by such network.
            ``(4) Qualified household.--The term `qualified household' 
        means a personal residence which--
                    ``(A) is located in a low-income community (as 
                defined in section 45D(e)), and
                    ``(B) did not have access to qualified broadband 
                service from the eligible governmental entity 
                (determined as of the beginning of the taxable year of 
                such entity).
            ``(5) Qualified broadband network.--The term `qualified 
        broadband network' means property owned by an eligible 
        governmental entity and used for the purpose of providing 
        qualified broadband service.
            ``(6) Qualified broadband service.--The term `qualified 
        broadband service' means fixed, terrestrial broadband service 
        providing downloads at a speed of at least 25 megabits per 
        second and uploads at a speed of at least 3 megabits per 
        second.
            ``(7) Taxable year.--Except as otherwise provided by the 
        Secretary, the term `taxable year' means, with respect to any 
        eligible governmental entity, the fiscal year of such entity.
    ``(e) Special Rules.--
            ``(1) Allocations.--For purposes of subsection (d)(3), 
        amounts shall be treated as properly allocated if allocated 
        ratably among the subscribers of the qualified broadband 
        service.
            ``(2) Denial of double benefit.--Qualified broadband 
        expenses shall not include any amount which is paid or 
        reimbursed (directly or indirectly) by any grant from the 
        Federal Government.
    ``(f) Regulations.--The Secretary may prescribe such regulations 
and other guidance as may be necessary or appropriate to carry out this 
section.
    ``(g) Termination.--No credit shall be allowed under this section 
for any taxable year beginning after December 31, 2028.''.
    (b) Payments Made Under Section 6431B(b) of Internal Revenue Code 
of 1986.--Section 255(h) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 905(h)) is amended by inserting: 
``Payments made under section 6431B(b) of the Internal Revenue Code of 
1986'' after the item related to Payments for Foster Care and 
Permanency.
    (c) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, as 
        amended by the preceding provisions of this Act, is amended by 
        striking ``or 6431A'' and inserting ``6431A, or 6431B''.
            (2) The table of sections for subchapter B of chapter 65, 
        as amended by the preceding provisions of this Act, is amended 
        by inserting before the item relating to section 6432 the 
        following new item:

``Sec. 6431B. Credit for operations and maintenance costs of 
                            government-owned broadband.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

                     PART 2--NEW MARKETS TAX CREDIT

SEC. 135201. PERMANENT EXTENSION OF NEW MARKETS TAX CREDIT.

    (a) Temporary Limit Increase and Permanent Extension.--Section 
45D(f)(1) is amended by striking ``and'' at the end of subparagraph (G) 
and by striking subparagraph (H) and inserting the following new 
subparagraphs:
                    ``(H) $5,000,000,000 for each of calendar years 
                2020 and 2021,
                    ``(I) $7,000,000,000 for calendar year 2022,
                    ``(J) $6,000,000,000 for calendar year 2023, and
                    ``(K) $5,000,000,000 for calendar year 2024 and 
                each calendar year thereafter.''.
    (b) Alternative Minimum Tax Relief.--Section 38(c)(4)(B) is 
amended--
            (1) by redesignating clauses (v) through (xii) as clauses 
        (vi) through (xiii), respectively, and
            (2) by inserting after clause (iv) the following new 
        clause:
                            ``(v) the credit determined under section 
                        45D, but only with respect to credits 
                        determined with respect to qualified equity 
                        investments (as defined in section 45D(b)) 
                        initially made after December 31, 2021,''.
    (c) Inflation Adjustment.--Section 45D(f) is amended by adding at 
the end the following new paragraph:
            ``(4) Inflation adjustment.--
                    ``(A) In general.--In the case of any calendar year 
                beginning after 2024, the dollar amount paragraph 
                (1)(H) shall be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2023' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                    ``(B) Rounding rule.--Any increase under 
                subparagraph (A) which is not a multiple of $1,000,000 
                shall be rounded to the nearest multiple of 
                $1,000,000.''.
    (d) Conforming Amendment.--Section 45D(f)(3) is amended by striking 
the last sentence.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        new markets tax credit limitation determined for calendar years 
        after 2021.
            (2) Alternative minimum tax relief.--The amendments made by 
        subsection (b) shall apply to credits determined with respect 
        to qualified equity investments (as defined in section 45D(b) 
        of the Internal Revenue Code of 1986) initially made after 
        December 31, 2021.

                   PART 3--REHABILITATION TAX CREDIT

SEC. 135301. DETERMINATION OF CREDIT PERCENTAGE.

    (a) In General.--Section 47(a)(2) is amended by striking ``20 
percent'' and inserting ``the applicable percentage''.
    (b) Applicable Percentage.--Section 47(a) is amended by adding at 
the end the following new paragraph:
            ``(3) Applicable percentage.--For purposes of this 
        subsection, the term `applicable percentage' means the 
        percentage determined in accordance with the following table:


----------------------------------------------------------------------------------------------------------------
  ``In the case of taxable years beginning:                      The applicable percentage is:
----------------------------------------------------------------------------------------------------------------
Before 2020..................................  20 percent
In 2020 through 2025.........................  30 percent
In 2026......................................  26 percent
In 2027......................................  23 percent
After 2027...................................  20 percent
----------------------------------------------------------------------------------------------------------------

            ``(4) Application of percentages to year of expenditure.--
        In the case of qualified rehabilitation expenditures with 
        respect to the qualified rehabilitated building that are paid 
        or incurred in 2 or more taxable years for which there is a 
        different applicable percentage under paragraph (3), the 
        ratable share shall be determined by applying to such 
        expenditures the applicable percentage corresponding to the 
        taxable year in which such expenditures were paid or 
        incurred.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after March 31, 2021.

SEC. 135302. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL 
              PROJECTS.

    (a) In General.--Section 47 is amended by adding at the end the 
following new subsection:
    ``(e) Special Rule Regarding Certain Smaller Projects.--
            ``(1) In general.--In the case of any smaller project--
                    ``(A) the applicable percentage determined under 
                subsection (a)(3) shall be 30 percent, and
                    ``(B) the qualified rehabilitation expenditures 
                taken into account under this section with respect to 
                such project shall not exceed $2,500,000.
            ``(2) Smaller project.--For purposes of this subsection, 
        the term `smaller project' means the rehabilitation of any 
        qualified rehabilitated building if--
                    ``(A) the qualified rehabilitation expenditures 
                taken into account under this section (or which would 
                be so taken into account but for paragraph (1)(B)) with 
                respect to such rehabilitation do not exceed 
                $3,750,000,
                    ``(B) no credit was allowed under this section with 
                respect to such building to any taxpayer for either of 
                the 2 taxable years immediately preceding the first 
                taxable year in which expenditures described in 
                subparagraph (A) were paid or incurred, and
                    ``(C) the taxpayer elects (at such time and manner 
                as the Secretary may provide) to have this subsection 
                apply with respect to such rehabilitation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 135303. MODIFICATION OF DEFINITION OF SUBSTANTIALLY REHABILITATED.

    (a) In General.--Section 47(c)(1)(B)(i)(I) is amended by inserting 
``50 percent of'' before ``the adjusted basis''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to determinations with respect to 24-month periods (referred to 
in clause (i) of section 47(c)(1)(B) of the Internal Revenue Code of 
1986) and 60-month periods (referred to in clause (ii) of such section) 
which end after December 31, 2021.

SEC. 135304. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT.

    (a) In General.--Section 50(c) is amended by adding at the end the 
following new paragraph:
            ``(6) Exception for rehabilitation credit.--In the case of 
        the rehabilitation credit, paragraph (1) shall not apply.''.
    (b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d) 
is amended by adding at the end the following: ``In the case of the 
rehabilitation credit, paragraph (5)(B) of the section 48(d) referred 
to in paragraph (5) of this subsection shall not apply.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2022.

SEC. 135305. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.

    (a) In General.--Section 47(c)(2)(B)(v) is amended by adding at the 
end the following new subclause:
                                    ``(III) Disqualified lease rules to 
                                apply only in case of government 
                                entity.--For purposes of subclause (I), 
                                except in the case of a tax-exempt 
                                entity described in section 
                                168(h)(2)(A)(i) (determined without 
                                regard to the last sentence of section 
                                168(h)(2)(A)), the determination of 
                                whether property is tax-exempt use 
                                property shall be made under section 
                                168(h) without regard to whether the 
                                property is leased in a disqualified 
                                lease (as defined in section 
                                168(h)(1)(B)(ii)).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to leases entered into after December 31, 2021.

SEC. 135306. QUALIFICATION OF REHABILITATION EXPENDITURES FOR PUBLIC 
              SCHOOL BUILDINGS FOR REHABILITATION CREDIT.

    (a) In General.--Section 47(c)(2)(B)(v), as amended by the 
preceding provisions of this Act, is amended by adding at the end the 
following new subclause:
                                    ``(IV) Clause not to apply to 
                                public schools.--This clause shall not 
                                apply in the case of the rehabilitation 
                                of any building which was used as a 
                                qualified public educational facility 
                                (as defined in section 142(k)(1), 
                                determined without regard to 
                                subparagraph (B) thereof) at any time 
                                during the 5-year period ending on the 
                                date that such rehabilitation begins 
                                and which is used as such a facility 
                                immediately after such 
                                rehabilitation.''.
    (b) Report.--Not later than the date which is 5 years after the 
date of the enactment of this Act, the Secretary of the Treasury, after 
consultation with the heads of appropriate Federal agencies, shall 
report to Congress on the effects resulting from the amendment made by 
subsection (a), including--
            (1) the number of qualified public education facilities 
        rehabilitated (stated separately with respect to each State) 
        and the number of students using such facilities (stated 
        separately with respect to each such State),
            (2) the number of qualified public education facilities 
        rehabilitated in low income communities (as section 45D(e)(1) 
        of the Internal Revenue Code of 1986) and the number of 
        students using such facilities,
            (3) the amount of qualified rehabilitation expenditures for 
        each qualified public education facility rehabilitated, and
            (4) and any other data determined by the Secretary to be 
        useful in evaluating the impact of such amendment.
    (c) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2021.

                    PART 4--DISASTER AND RESILIENCY

SEC. 135401. EXCLUSION OF AMOUNTS RECEIVED FROM STATE-BASED CATASTROPHE 
              LOSS MITIGATION PROGRAMS.

    (a) In General.--Section 139 is amended by redesignating subsection 
(h) as subsection (i) and by inserting after subsection (g) the 
following new subsection:
    ``(h) State-Based Catastrophe Loss Mitigation Programs.--
            ``(1) In general.--Gross income shall not include any 
        amount received by an individual as a qualified catastrophe 
        mitigation payment under a program established by a State, or a 
        political subdivision or instrumentality thereof, for the 
        purpose of making such payments.
            ``(2) Qualified catastrophe mitigation payment.--For 
        purposes of this section, the term `qualified catastrophe 
        mitigation payment' means any amount which is received by an 
        individual to make improvements to such individual's residence 
        for the sole purpose of reducing the damage that would be done 
        to such residence by a windstorm, earthquake, or wildfire.
            ``(3) No increase in basis.--Rules similar to the rules of 
        subsection (g)(3) shall apply in the case of this 
        subsection.''.
    (b) Conforming Amendments.--
            (1) Section 139(d) is amended by striking ``and qualified'' 
        and inserting ``, qualified catastrophe mitigation payments, 
        and qualified''.
            (2) Section 139(i) (as redesignated by subsection (a)) is 
        amended by striking ``or qualified'' and inserting ``, 
        qualified catastrophe mitigation payment, or qualified''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

SEC. 135402. REPEAL OF TEMPORARY LIMITATION ON PERSONAL CASUALTY 
              LOSSES.

    (a) In General.--Section 165(h) is amended by striking paragraph 
(5).
    (b) Extension of Period of Limitation on Filing Claim in Certain 
Circumstances.--In the case of a claim for credit or refund which is 
properly allocable to a loss which is--
            (1) deductible under section 165(a) of the Internal Revenue 
        Code of 1986,
            (2) described in Revenue Procedure 2017-60 (as modified by 
        Revenue Procedure 2018-14), and
            (3) claimed for a taxable year beginning after December 31, 
        2016,
the period of limitation prescribed in section 6511 of the Internal 
Revenue Code of 1986 for the filing of such claim shall be treated as 
not expiring earlier than the date that is 1 year after the date of the 
enactment of this Act.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to losses incurred in taxable years beginning after December 31, 
2017.
    (d) Regulations.--The Secretary of the Treasury (or the Secretary's 
delegate) shall issue such regulations or other guidance as are 
necessary to implement the amendment made by this section, including 
regulations or guidance consistent with Revenue Procedure 2017-60 (as 
so modified).

SEC. 135403. CREDIT FOR QUALIFIED WILDFIRE MITIGATION EXPENDITURES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
is amended by inserting after section 27 the following new section:

``SEC. 28. QUALIFIED WILDFIRE MITIGATION EXPENDITURES.

    ``(a) In General.--There shall be allowed as a credit against the 
tax imposed by this chapter for the taxable year an amount equal to 30 
percent of the qualified wildfire mitigation expenditures paid or 
incurred by the taxpayer during such taxable year with respect to real 
property owned or leased by the taxpayer.
    ``(b) Qualified Wildfire Mitigation Expenditures.--For purposes of 
this section--
            ``(1) In general.--The term `qualified wildfire mitigation 
        expenditures' means any specified wildfire mitigation 
        expenditure made pursuant to a qualified State wildfire 
        mitigation program of a State which requires expenditures for 
        wildfire mitigation to be paid both by the taxpayer and such 
        State. Such term shall not include any item of expenditure 
        unless the ratio of the State's expenditure for such item to 
        the sum of the State's and taxpayer's expenditures for such 
        item is not less than 25 percent.
            ``(2) Specified wildfire mitigation expenditure.--The term 
        `specified wildfire mitigation expenditure' means, with respect 
        to any real property owned or leased by the taxpayer, any 
        amount paid or incurred to reduce the risk of wildfire by 
        removing accumulations of vegetation (including establishing, 
        expanding, or maintaining fuel breaks to serve as fire breaks) 
        on such real property.
            ``(3) Qualified state wildfire mitigation program.--The 
        term `qualified State wildfire mitigation program' means any 
        program of a State the primary purpose of which is to mitigate 
        the risk of wildfires in such State.
            ``(4) Treatment of reimbursements.--Any amount originally 
        paid or incurred by the taxpayer which is reimbursed by a State 
        under a qualified wildfire mitigation program of such State 
        shall be treated as paid by such State (and not by such 
        taxpayer).
    ``(c) Application With Other Credits.--
            ``(1) Business credit treated as part of general business 
        credit.--So much of the credit which would be allowed under 
        subsection (a) for any taxable year (determined without regard 
        to this subsection) that is attributable to expenditures made 
        in the ordinary course of the taxpayer's trade or business (or, 
        in the case of expenditures made by a State, would have been 
        expenditures made in the ordinary course of the taxpayer's 
        trade or business if made by the taxpayer) shall be treated as 
        a credit listed in section 38(b) for taxable year (and not 
        allowed under subsection (a)).
            ``(2) Personal credit.--For purposes of this title, the 
        credit allowed under subsection (a) for any taxable year 
        (determined after application of paragraph (1)) shall be 
        treated as a credit allowable under subpart A for such taxable 
        year.
    ``(d) Reduction of Credit Percentage Where Taxpayer Expenditures 
Less Than 30 Percent.--
            ``(1) In general.--If the expenditure percentage with 
        respect to any item of qualified wildfire mitigation 
        expenditure is less than 30 percent, subsection (a) shall be 
        applied by substituting `the expenditure percentage' for `30 
        percent' with respect to such item of expenditure.
            ``(2) Expenditure percentage.--For purposes of this 
        section, the term `expenditure percentage' means, with respect 
        to any item of qualified wildfire mitigation expenditure any 
        portion of which is paid or incurred by a State, the ratio 
        (expressed as a percentage) of--
                    ``(A) the taxpayer's expenditure for such item, 
                divided by
                    ``(B) the sum of the taxpayer's and such State's 
                expenditures for such item.
    ``(e) Special Rules.--
            ``(1) Treatment of expenditures related to marketable 
        timber.--An expenditure shall not be taken into account for 
        purposes of this section (whether made by the taxpayer or a 
        State pursuant to a qualified State wildfire mitigation program 
        of such State) if such expenditure is properly allocable to 
        timber which is sold or exchanged by the taxpayer. The 
        preceding sentence shall not apply to the extent that such 
        amount exceeds the gain on such sale or exchange.
            ``(2) Basis reduction.--For purposes of this subtitle, if 
        the basis of any property would (but for this paragraph) be 
        determined by taking into account any qualified wildfire 
        mitigation expenditure, the basis of such property shall be 
        reduced by the amount of the credit allowed under subsection 
        (a) with respect to such expenditure (determined without regard 
        to subsection (c)).
            ``(3) Denial of double benefit.--The amount of any 
        deduction or other credit allowable under this chapter for any 
        expenditure for which a credit is allowable under subsection 
        (a) shall be reduced by the amount of credit allowed under such 
        subsection for such expenditure (determined without regard to 
        subsection (c)).''.
    (b) Conforming Amendments.--
            (1) Section 38(b), as amended by the preceding provisions 
        of this Act, is amended by striking ``plus'' at the end of 
        paragraph (33), by striking the period at the end of paragraph 
        (34) and inserting ``, plus'', and by adding at the end the 
        following new paragraph:
            ``(35) the portion of the qualified wildfire mitigation 
        expenditures credit to which section 28(c)(1) applies.''.
            (2) Section 1016(a) is amended by redesignating paragraphs 
        (35) through (38) as paragraphs (36) through (39), 
        respectively, and by inserting after paragraph (34) the 
        following new paragraph:
            ``(35) to the extent provided in section 28(e)(2),''.
            (3) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 27 the following new item:

``Sec. 28. Qualified wildfire mitigation expenditures.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to expenditures paid or incurred after the date of the enactment 
of this Act, in taxable years ending after such date.

                            PART 5--HOUSING

                Subpart A--Low Income Housing Tax Credit

SEC. 135501. INCREASES IN STATE ALLOCATIONS.

    (a) In General.--Section 42(h)(3)(I) is amended to read as follows:
                    ``(I) Increase in state housing credit ceiling for 
                2022 through 2028.--
                            ``(i) In general.--In the case of calendar 
                        years 2022 through 2028, the dollar amounts 
                        under subclauses (I) and (II) of subparagraph 
                        (C)(ii) for any such calendar shall be 
                        determined under clause (ii) and in accordance 
                        with the following table:


------------------------------------------------------------------------
                                                    The          The
                                                 subclause    subclause
        ``In the case of calendar year:          (I) amount  (II) amount
                                                 shall be:    shall be:
------------------------------------------------------------------------
2022..........................................        $3.22   $3,711,575
2023..........................................        $3.70   $4,269,471
2024..........................................        $4.25   $4,901,620
2025..........................................        $4.88   $5,632,880
------------------------------------------------------------------------

                            ``(ii) Inflation adjustment for 2026, 2027, 
                        and 2028.--In the case of calendar years 2026, 
                        2027, and 2028, the subclause (I) and (II) 
                        dollar amounts shall be the respective dollar 
                        amounts corresponding to calendar year 2025 in 
                        the table under clause (i) each increased by an 
                        amount equal to--
                                    ``(I) such dollar amount, 
                                multiplied by
                                    ``(II) the cost-of-living 
                                adjustment determined under section 
                                1(f)(3) for such calendar year by 
                                substituting `calendar year 2025' for 
                                `calendar year 2016' in paragraph 
                                (A)(ii) thereof.
                        Any increase under this clause shall be rounded 
                        to the nearest cent in the case of the 
                        subclause (I) amount and the nearest dollar in 
                        the case of the subclause (II) amount.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after December 31, 2021.

SEC. 135502. TAX-EXEMPT BOND FINANCING REQUIREMENT.

    (a) In General.--Section 42(h)(4)(B) is amended by adding at the 
end the following: ``The preceding sentence shall be applied by 
substituting `25 percent' for `50 percent' in the case of any building 
which is financed by any obligation issued in calendar year 2022, 2023, 
2024, 2025, 2026, 2027, or 2028 (and not by any obligation on which the 
application of this subparagraph is based during any taxable year 
beginning during calendar year 2019, 2020, or 2021).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to buildings placed in service in taxable years beginning after 
December 31, 2021.

SEC. 135503. BUILDINGS DESIGNATED TO SERVE EXTREMELY LOW-INCOME 
              HOUSEHOLDS.

    (a) Reserved State Allocation.--
            (1) In general.--Section 42(h) is amended--
                    (A) by redesignating paragraphs (6), (7), and (8) 
                as paragraphs (7), (8), and (9), respectively, and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) Portion of state ceiling set-aside for projects 
        designated to serve extremely low-income households.--
                    ``(A) In general.--Not more than 90 percent of the 
                portion of the State housing credit ceiling amount 
                described in paragraph (3)(C)(ii) for any State for any 
                calendar year shall be allocated to buildings other 
                than buildings described in subparagraph (B).
                    ``(B) Buildings described.--A building is described 
                in this subparagraph if 20 percent or more of the 
                residential units in such building are rent-restricted 
                (determined as if the imputed income limitation 
                applicable to such units were 30 percent of area median 
                gross income) and are designated by the taxpayer for 
                occupancy by households the aggregate household income 
                of which does not exceed the greater of--
                            ``(i) 30 percent of area median gross 
                        income, or
                            ``(ii) 100 percent of an amount equal to 
                        the Federal poverty line (within the meaning of 
                        section 36B(d)(3)).
                    ``(C) State may not override set-aside.--Nothing in 
                subparagraph (F) of paragraph (3) shall be construed to 
                permit a State not to comply with subparagraph (A) of 
                this paragraph.
                    ``(D) Termination.--This paragraph shall not apply 
                to allocations after December 31, 2031.''.
            (2) Conforming amendment.--Section 42(b)(4)(C) is amended 
        by striking ``(h)(7)'' and inserting ``(h)(8)''.
    (b) Increase in Credit.--Paragraph (5) of section 42(d) is amended 
by adding at the end the following new subparagraph:
                    ``(C) Increase in credit for projects designated to 
                serve extremely low-income households.--
                            ``(i) In general.--In the case of any 
                        building--
                                    ``(I) which is described in 
                                subsection (h)(6)(B), and
                                    ``(II) which is designated by the 
                                housing credit agency as requiring the 
                                increase in credit under this 
                                subparagraph in order for such building 
                                to be financially feasible as part of a 
                                qualified low-income housing project,
                        subparagraph (B) shall not apply to the portion 
                        of such building which is comprised of such 
                        units, and the eligible basis of such portion 
                        of the building shall be 150 percent of such 
                        basis determined without regard to this 
                        subparagraph.
                            ``(ii) Allocation rules applicable to 
                        projects to which clause (i) applies.--
                                    ``(I) State housing credit 
                                ceiling.--For any calendar year, the 
                                housing credit agency shall not 
                                allocate more than 15 percent of the 
                                portion of the State housing credit 
                                ceiling amount described in subsection 
                                (h)(3)(C)(ii) to buildings to which 
                                clause (i) applies, and
                                    ``(II) Private activity bond volume 
                                cap.--In the case of projects financed 
                                by tax-exempt bonds as described in 
                                subsection (h)(4), for any calendar 
                                year, the State shall not issue more 
                                than 10 percent of the private activity 
                                bond volume cap as described in section 
                                146(d)(1) to buildings to which clause 
                                (i) applies.
                            ``(iii) Termination.--This subparagraph 
                        shall not apply to allocations after December 
                        31, 2031.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to allocations, and determinations, of housing credit dollar 
amount after December 31, 2021.

SEC. 135504. INCLUSION OF RURAL AREAS AS DIFFICULT DEVELOPMENT AREAS.

    (a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) is 
amended by inserting before the period the following: ``, and any rural 
area''.
    (b) Rural Area.--Clause (iii) of section 42(d)(5)(B) is amended by 
redesignating subclause (II) as subclause (III) and by inserting after 
subclause (I) the following new subclause:
                                    ``(II) Rural area.--For purposes of 
                                subclause (I), the term `rural area' 
                                means any non-metropolitan area, or any 
                                rural area as defined by section 520 of 
                                the Housing Act of 1949, which is 
                                identified by the qualified allocation 
                                plan under subsection (m)(1)(B).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings placed in service after December 31, 2021.

SEC. 135505. REPEAL OF QUALIFIED CONTRACT OPTION.

    (a) Termination of Option for Certain Buildings.--
            (1) In general.--Subclause (II) of section 42(h)(7)(E)(i), 
        as redesignated by section 135503, is amended by inserting ``in 
        the case of a building described in clause (iii),'' before ``on 
        the last day''.
            (2) Buildings described.--Subparagraph (E) of section 
        42(h)(7), as so redesignated, is amended by adding at the end 
        the following new clause:
                            ``(iii) Buildings described.--A building 
                        described in this clause is a building--
                                    ``(I) which received its allocation 
                                of housing credit dollar amount before 
                                January 1, 2022, or
                                    ``(II) in the case of a building 
                                any portion of which is financed as 
                                described in paragraph (4), which 
                                received before January 1, 2022, a 
                                determination from the issuer of the 
                                tax-exempt bonds or the housing credit 
                                agency that the building is eligible to 
                                receive an allocation of housing credit 
                                dollar amount under the rules of 
                                paragraphs (1) and (2) of subsection 
                                (m).''.
    (b) Rules Relating to Existing Projects.--Subparagraph (F) of 
section 42(h)(7), as redesignated by section 135503, is amended by 
striking ``the nonlow-income portion'' and all that follows and 
inserting ``the nonlow-income portion and the low-income portion of the 
building for fair market value (determined by the housing credit agency 
by taking into account the rent restrictions required for the low-
income portion of the building to continue to meet the standards of 
paragraphs (1) and (2) of subsection (g)). The Secretary shall 
prescribe such regulations as may be necessary or appropriate to carry 
out this paragraph.''.
    (c) Conforming Amendments.--
            (1) Paragraph (7) of section 42(h), as redesignated by 
        section 135503, is amended by striking subparagraph (G) and by 
        redesignating subparagraphs (H), (I), (J), and (K) as 
        subparagraphs (G), (H), (I), and (J), respectively.
            (2) Subclause (II) of section 42(h)(7)(E)(i), as so 
        redesignated and as amended by subsection (a), is further 
        amended by striking ``subparagraph (I)'' and inserting 
        ``subparagraph (H)''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall apply to buildings with respect to which a written 
        request described in section 42(h)(7)(H) of the Internal 
        Revenue Code of 1986, as redesignated by section 135503 and 
        subsection (c), is submitted after the date of the enactment of 
        this Act.

SEC. 135506. MODIFICATION AND CLARIFICATION OF RIGHTS RELATING TO 
              BUILDING PURCHASE.

    (a) Modification of Right of First Refusal.--
            (1) In general.--Subparagraph (A) of section 42(i)(7) is 
        amended by striking ``a right of 1st refusal'' and inserting 
        ``an option''.
            (2) Conforming amendment.--The heading of paragraph (7) of 
        section 42(i) is amended by striking ``right of 1st refusal'' 
        and inserting ``option''.
    (b) Clarification With Respect to Right of First Refusal and 
Purchase Options.--
            (1) Purchase of partnership interest.--Subparagraph (A) of 
        section 42(i)(7), as amended by subsection (a), is amended by 
        striking ``the property'' and inserting ``the property or all 
        of the partnership interests (other than interests of the 
        person exercising such option or a related party thereto 
        (within the meaning of section 267(b) or 707(b)(1))) relating 
        to the property''.
            (2) Property includes assets relating to the building.--
        Paragraph (7) of section 42(i) is amended by adding at the end 
        the following new subparagraph:
                    ``(C) Property.--For purposes of subparagraph (A), 
                the term `property' may include all or any of the 
                assets held for the development, operation, or 
                maintenance of a building.''.
            (3) Exercise of right of first refusal and purchase 
        options.--Subparagraph (A) of section 42(i)(7), as amended by 
        subsection (a) and paragraph (1)(A), is amended by adding at 
        the end the following: ``For purposes of determining whether an 
        option, including a right of first refusal, to purchase 
        property or partnership interests holding (directly or 
        indirectly) such property is described in the preceding 
        sentence--
                            ``(i) such option or right of first refusal 
                        shall be exercisable with or without the 
                        approval of any owner of the project (including 
                        any partner, member, or affiliated organization 
                        of such an owner), and
                            ``(ii) a right of first refusal shall be 
                        exercisable in response to any offer to 
                        purchase the property or partnership interests, 
                        including an offer by a related party.''.
    (c) Conforming Amendments.--Subparagraph (B) of section 42(i)(7) is 
amended by striking ``the sum of'' and all that follows and inserting 
``the principal amount of outstanding indebtedness secured by the 
building (other than indebtedness incurred within the 5-year period 
ending on the date of the sale to the tenants). In the case of a 
purchase of a partnership interest, the minimum purchase price is an 
amount not less than such interest's ratable share of the amount 
determined under the first sentence of this subparagraph.''.
    (d) Effective Dates.--
            (1) Modification of right of first refusal.--The amendments 
        made by subsections (a) and (c) shall apply to agreements 
        entered into or amended after the date of the enactment of this 
        Act.
            (2) Clarification.--The amendments made by subsection (b) 
        shall apply to agreements among the owners of the project 
        (including partners, members, and their affiliated 
        organizations) and persons described in section 42(i)(7)(A) of 
        the Internal Revenue Code of 1986 entered into before, on, or 
        after the date of the enactment of this Act.
            (3) No effect on agreements.--None of the amendments made 
        by this section is intended to supersede express language in 
        any agreement with respect to the terms of a right of first 
        refusal or option permitted by section 42(i)(7) of the Internal 
        Revenue Code of 1986 in effect on the date of the enactment of 
        this Act.

SEC. 135507. INCREASE IN CREDIT FOR BOND-FINANCED PROJECTS DESIGNATED 
              BY HOUSING CREDIT AGENCY.

    (a) In General.--Section 42(d)(5)(B)(v) is amended by striking 
``The preceding sentence'' and inserting ``In the case of 
determinations of housing credit dollar amount after December 31, 2028, 
the preceding sentence''.
    (b) Effective Date.--The amendments made by this section shall 
apply to buildings which receive a determination of housing credit 
dollar amount pursuant to section 42(m)(2)(D) of the Internal Revenue 
Code of 1986 after the date of the enactment of this Act.

              Subpart B--Neighborhood Homes Investment Act

SEC. 135511. NEIGHBORHOOD HOMES CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by inserting after section 42 the following new section:

``SEC. 42A. NEIGHBORHOOD HOMES CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the 
neighborhood homes credit determined under this section for the taxable 
year is, with respect to each qualified residence sold by the taxpayer 
during such taxable year in an affordable sale, the lesser of--
            ``(1) the excess (if any) of--
                    ``(A) the reasonable development costs paid or 
                incurred by the taxpayer with respect to such qualified 
                residence, over
                    ``(B) the sale price of such qualified residence 
                (reduced by any reasonable expenses paid or incurred by 
                the taxpayer in connection with such sale), or
            ``(2) 35 percent of the lesser of--
                    ``(A) the eligible development costs paid or 
                incurred by the taxpayer with respect to such qualified 
                residence, or
                    ``(B) 80 percent of the national median sale price 
                for new homes (as determined pursuant to the most 
                recent census data available as of the date on which 
                the neighborhood homes credit agency makes an 
                allocation for the qualified project).
    ``(b) Development Costs.--For purposes of this section--
            ``(1) Reasonable development costs.--
                    ``(A) In general.--The term `reasonable development 
                costs' means amounts paid or incurred for the 
                acquisition of buildings and land, construction, 
                substantial rehabilitation, demolition of structures, 
                or environmental remediation, to the extent that the 
                neighborhood homes credit agency determines that such 
                amounts meet the standards specified pursuant to 
                subsection (f)(1)(C) (as of the date on which 
                construction or substantial rehabilitation is 
                substantially complete, as determined by such agency) 
                and are necessary to ensure the financial feasibility 
                of such qualified residence.
                    ``(B) Considerations in making determination.--In 
                making the determination under subparagraph (A), the 
                neighborhood homes credit agency shall consider--
                            ``(i) the sources and uses of funds and the 
                        total financing,
                            ``(ii) any proceeds or receipts generated 
                        or expected to be generated by reason of tax 
                        benefits, and
                            ``(iii) the reasonableness of the 
                        developmental costs and fees.
            ``(2) Eligible development costs.--The term `eligible 
        development costs' means the amount which would be reasonable 
        development costs if the amounts taken into account as paid or 
        incurred for the acquisition of buildings and land did not 
        exceed 75 percent of such costs determined without regard to 
        any amount paid or incurred for the acquisition of buildings 
        and land.
            ``(3) Substantial rehabilitation.--The term `substantial 
        rehabilitation' means amounts paid or incurred for 
        rehabilitation of a qualified residence if such amounts exceed 
        the greater of--
                    ``(A) $20,000, or
                    ``(B) 20 percent of the amounts paid or incurred by 
                the taxpayer for the acquisition of buildings and land 
                with respect to such qualified residence.
            ``(4) Construction and rehabilitation only after allocation 
        taken into account.--
                    ``(A) In general.--The terms `reasonable 
                development costs' and `eligible development costs' 
                shall not include any amount paid or incurred before 
                the date on which an allocation is made to the taxpayer 
                under subsection (e) with respect to the qualified 
                project of which the qualified residence is part unless 
                such amount is paid or incurred for the acquisition of 
                buildings or land.
                    ``(B) Land and building acquisition costs.--Amounts 
                paid or incurred for the acquisition of buildings or 
                land shall be included under paragraph (A) only if paid 
                or incurred not more than 3 years before the date on 
                which the allocation referred to in subparagraph (A) is 
                made. If the taxpayer acquired any building or land 
                from an entity (or any related party to such entity) 
                that holds an ownership interest in the taxpayer, then 
                such entity must also have acquired such property 
                within such 3-year period, and the acquisition cost 
                included under subparagraph (A) with respect to the 
                taxpayer shall not exceed the amount such entity paid 
                or incurred to acquire such property.
    ``(c) Qualified Residence.--For purposes of this section--
            ``(1) In general.--The term `qualified residence' means a 
        residence that--
                    ``(A) is real property affixed on a permanent 
                foundation,
                    ``(B) is--
                            ``(i) a house which is comprised of 4 or 
                        fewer residential units,
                            ``(ii) a condominium unit, or
                            ``(iii) a house or an apartment owned by a 
                        cooperative housing corporation (as defined in 
                        section 216(b)),
                    ``(C) is part of a qualified project with respect 
                to the neighborhood homes credit agency has made an 
                allocation under subsection (e), and
                    ``(D) is located in a qualified census tract 
                (determined as of the date of such allocation).
            ``(2) Qualified census tract.--
                    ``(A) In general.--The term `qualified census 
                tract' means a census tract--
                            ``(i) which--
                                    ``(I) has a median family income 
                                which does not exceed 80 percent of the 
                                median family income for the applicable 
                                area,
                                    ``(II) has a poverty rate that is 
                                not less than 130 percent of the 
                                poverty rate of the applicable area, 
                                and
                                    ``(III) has a median value for 
                                owner-occupied homes that does not 
                                exceed the median value for owner-
                                occupied homes in the applicable area,
                            ``(ii) which--
                                    ``(I) is located in a city which 
                                has a population of not less than 
                                50,000 and such city has a poverty rate 
                                that is not less than 150 percent of 
                                the poverty rate of the applicable 
                                area,
                                    ``(II) has a median family income 
                                which does not exceed the median family 
                                income for the applicable area, and
                                    ``(III) has a median value for 
                                owner-occupied homes that does not 
                                exceed 80 percent of the median value 
                                for owner-occupied homes in the 
                                applicable area,
                            ``(iii) which--
                                    ``(I) is located in a 
                                nonmetropolitan county,
                                    ``(II) has a median family income 
                                which does not exceed the median family 
                                income for the applicable area, and
                                    ``(III) has been designated by a 
                                neighborhood homes credit agency under 
                                this clause, or
                            ``(iv) which is not otherwise a qualified 
                        census tract and is located in a disaster area 
                        (as defined in section 7508A(d)(3)), but only 
                        with respect to credits allocated in any period 
                        during which the President of the United States 
                        has determined that such area warrants 
                        individual or individual and public assistance 
                        by the Federal Government under the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act.
                    ``(B) Applicable area.--The term `applicable area' 
                means--
                            ``(i) in the case of a metropolitan census 
                        tract, the metropolitan area in which such 
                        census tract is located, and
                            ``(ii) in the case of a census tract other 
                        than a census tract described in clause (i), 
                        the State.
    ``(d) Affordable Sale.--For purposes of this section--
            ``(1) In general.--The term `affordable sale' means a sale 
        to a qualified homeowner of a qualified residence that the 
        neighborhood homes credit agency certifies as meeting the 
        standards promulgated under subsection (f)(1)(D) for a price 
        that does not exceed--
                    ``(A) in the case of any qualified residence not 
                described in subparagraph (B), (C), or (D), the amount 
                equal to the product of 4 multiplied by the median 
                family income for the applicable area (as determined 
                pursuant to the most recent census data available as of 
                the date of the contract for such sale),
                    ``(B) in the case of a house comprised of 2 
                residential units, 125 percent of the amount described 
                in subparagraph (A),
                    ``(C) in the case of a house comprised of 3 
                residential units, 150 percent of the amount described 
                in subparagraph (A), or
                    ``(D) in the case of a house comprised of 4 
                residential units, 175 percent of the amount described 
                in subparagraph (A).
            ``(2) Qualified homeowner.--The term `qualified homeowner' 
        means, with respect to a qualified residence, an individual--
                    ``(A) who owns and uses such qualified residence as 
                the principal residence of such individual, and
                    ``(B) whose family income (determined as of the 
                date that a binding contract for the affordable sale of 
                such residence is entered into) is 140 percent or less 
                of the median family income for the applicable area in 
                which the qualified residence is located.
    ``(e) Credit Ceiling and Allocations.--
            ``(1) Credit limited based on allocations to qualified 
        projects.--
                    ``(A) In general.--The credit allowed under 
                subsection (a) to any taxpayer for any taxable year 
                with respect to one or more qualified residences which 
                are part of the same qualified project shall not exceed 
                the excess (if any) of--
                            ``(i) the amount allocated by the 
                        neighborhood homes credit agency under this 
                        paragraph to such taxpayer with respect to such 
                        qualified project, over
                            ``(ii) the aggregate amount of credit 
                        allowed under subsection (a) to such taxpayer 
                        with respect to qualified residences which are 
                        a part of such qualified project for all prior 
                        taxable years.
                    ``(B) Deadline for completion.--No credit shall be 
                allowed under subsection (a) with respect to any 
                qualified residence unless the affordable sale of such 
                residence is during the 5-year period beginning on the 
                date of the allocation to the qualified project of 
                which such residence is a part (or, in the case of a 
                qualified residence to which subsection (i) applies, 
                the rehabilitation of such residence is completed 
                during such 5-year period).
            ``(2) Limitations on allocations to qualified projects.--
                    ``(A) Allocations limited by state neighborhood 
                homes credit ceiling.--The aggregate amount allocated 
                to taxpayers with respect to qualified projects by the 
                neighborhood homes credit agency of any State for any 
                calendar year shall not exceed the State neighborhood 
                homes credit amount of such State for such calendar 
                year.
                    ``(B) Set-aside for certain projects involving 
                qualified nonprofit organizations.--Rules similar to 
                the rules of section 42(h)(5) shall apply for purposes 
                of this section.
            ``(3) Determination of state neighborhood homes credit 
        ceiling.--
                    ``(A) In general.--The State neighborhood homes 
                credit amount for a State for a calendar year is an 
                amount equal to the sum of--
                            ``(i) the greater of--
                                    ``(I) the product of $6, multiplied 
                                by the State population (determined in 
                                accordance with section 146(j)), or
                                    ``(II) $8,000,000, and
                            ``(ii) any amount previously allocated to 
                        any taxpayer with respect to any qualified 
                        project by the neighborhood homes credit agency 
                        of such State which can no longer be allocated 
                        to any qualified residence because the 5-year 
                        period described in paragraph (1)(B) expires 
                        during calendar year.
                    ``(B) 3-year carryforward of unused limitation.--
                The State neighborhood homes credit amount for a State 
                for a calendar year shall be increased by the excess 
                (if any) of the State neighborhood homes credit amount 
                for such State for the preceding calendar year over the 
                aggregate amount allocated by the neighborhood homes 
                credit agency of such State during such preceding 
                calendar year. Any amount carried forward under the 
                preceding sentence shall not be carried past the third 
                calendar year after the calendar year in which such 
                credit amount originally arose, determined on a first-
                in, first-out basis.
    ``(f) Responsibilities of Neighborhood Homes Credit Agencies.--
            ``(1) In general.--Notwithstanding subsection (e), the 
        State neighborhood homes credit dollar amount shall be zero for 
        a calendar year unless the neighborhood homes credit agency of 
        the State--
                    ``(A) allocates such amount pursuant to a qualified 
                allocation plan of the neighborhood homes credit 
                agency,
                    ``(B) allocates not more than 20 percent of amounts 
                allocated in the previous year (or for allocations made 
                in 2022, not more than 20 percent of the neighborhood 
                homes credit ceiling for such year) to projects with 
                respect to qualified residences which--
                            ``(i) are located in census tracts 
                        described in subsection (c)(2)(A)(iii), 
                        (c)(2)(A)(iv), (i)(5), or
                            ``(ii) are not located in a qualified 
                        census tract but meet the requirements of 
                        (i)(8),
                    ``(C) promulgates standards with respect to 
                reasonable qualified development costs and fees,
                    ``(D) promulgates standards with respect to 
                construction quality,
                    ``(E) in the case of any neighborhood homes credit 
                agency which makes an allocation to a qualified project 
                which includes any qualified residence to which 
                subsection (i) applies, promulgates standards with 
                respect to protecting the owners of such residences, 
                including the capacity of such owners to pay 
                rehabilitation costs not covered by the credit provided 
                by this section and providing for the disclosure to 
                such owners of their rights and responsibilities with 
                respect to the rehabilitation of such residences, and
                    ``(F) submits to the Secretary (at such time and in 
                such manner as the Secretary may prescribe) an annual 
                report specifying--
                            ``(i) the amount of the neighborhood homes 
                        credits allocated to each qualified project for 
                        the previous year,
                            ``(ii) with respect to each qualified 
                        residence completed in the preceding calendar 
                        year--
                                    ``(I) the census tract in which 
                                such qualified residence is located,
                                    ``(II) with respect to the 
                                qualified project that includes such 
                                qualified residence, the year in which 
                                such project received an allocation 
                                under this section,
                                    ``(III) whether such qualified 
                                residence was new, substantially 
                                rehabilitated and sold to a qualified 
                                homeowner, or substantially 
                                rehabilitated pursuant to subsection 
                                (i),
                                    ``(IV) the eligible development 
                                costs of such qualified residence,
                                    ``(V) the amount of the 
                                neighborhood homes credit with respect 
                                to such qualified residence,
                                    ``(VI) the sales price of such 
                                qualified residence, if applicable, and
                                    ``(VII) the family income of the 
                                qualified homeowner (expressed as a 
                                percentage of the applicable area 
                                median family income for the location 
                                of the qualified residence), and
                            ``(iii) such other information as the 
                        Secretary may require.
            ``(2) Qualified allocation plan.--For purposes of this 
        subsection, the term `qualified allocation plan' means any plan 
        which--
                    ``(A) sets forth the selection criteria to be used 
                to prioritize qualified projects for allocations of 
                State neighborhood homes credit dollar amounts, 
                including--
                            ``(i) the need for new or substantially 
                        rehabilitated owner-occupied homes in the area 
                        addressed by the project,
                            ``(ii) the expected contribution of the 
                        project to neighborhood stability and 
                        revitalization, including the impact on 
                        neighborhood residents,
                            ``(iii) the capability and prior 
                        performance of the project sponsor, and
                            ``(iv) the likelihood the project will 
                        result in long-term homeownership,
                    ``(B) has been made available for public comment, 
                and
                    ``(C) provides a procedure that the neighborhood 
                homes credit agency (or any agent or contractor of such 
                agency) shall follow for purposes of--
                            ``(i) identifying noncompliance with any 
                        provisions of this section, and
                            ``(ii) notifying the Internal Revenue 
                        Service of any such noncompliance of which the 
                        agency becomes aware.
    ``(g) Repayment.--
            ``(1) In general.--
                    ``(A) Sold during 5-year period.--If a qualified 
                residence is sold during the 5-year period beginning 
                immediately after the affordable sale of such qualified 
                residence referred to in subsection (a), the seller 
                (with respect to the sale during such 5-year period) 
                shall transfer an amount equal to the repayment amount 
                to the relevant neighborhood homes credit agency.
                    ``(B) Use of repayments.--A neighborhood homes 
                credit agency shall use any amount received pursuant to 
                subparagraph (A) only for purposes of qualified 
                projects.
            ``(2) Repayment amount.--For purposes of paragraph (1)(A), 
        the repayment amount is an amount equal to 50 percent of the 
        gain from the sale to which the repayment relates, reduced by 
        20 percent for each year of the 5-year period referred to in 
        paragraph (1)(A) which ends before the date of such sale.
            ``(3) Lien for repayment amount.--A neighborhood homes 
        credit agency receiving an allocation under this section shall 
        place a lien on each qualified residence that is built or 
        rehabilitated as part of a qualified project for an amount such 
        agency deems necessary to ensure potential repayment pursuant 
        to paragraph (1)(A).
            ``(4) Denial of deductions if converted to rental 
        housing.--If, during the 5-year period described in paragraph 
        (1), an individual who owns a qualified residence fails to use 
        such qualified residence as such individual's principal 
        residence for any period of time, no deduction shall be allowed 
        for expenses paid or incurred by such individual with respect 
        to renting, during such period of time, such qualified 
        residence.
            ``(5) Waiver.--The neighborhood homes credit agency may 
        waive the repayment required under paragraph (1)(A) in the case 
        of homeowner experiencing a hardship.
    ``(h) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Neighborhood homes credit agency.--The term 
        `neighborhood homes credit agency' means the agency designated 
        by the governor of a State as the neighborhood homes credit 
        agency of the State.
            ``(2) Qualified project.--The term `qualified project' 
        means a project that a neighborhood homes credit agency 
        certifies will build or substantially rehabilitate one or more 
        qualified residences.
            ``(3) Determinations of family income.--Rules similar to 
        the rules of section 143(f)(2) shall apply for purposes of this 
        section.
            ``(4) Possessions treated as states.--The term `State' 
        includes the District of Columbia and the possessions of the 
        United States.
            ``(5) Special rules related to condominiums and cooperative 
        housing corporations.--
                    ``(A) Determination of development costs.--In the 
                case of a qualified residence described in clause (ii) 
                or (iii) of subsection (c)(1)(A), the reasonable 
                development costs and eligible development costs of 
                such qualified residence shall be an amount equal to 
                such costs, respectively, of the entire condominium or 
                cooperative housing property in which such qualified 
                residence is located, multiplied by a fraction--
                            ``(i) the numerator of which is the total 
                        floor space of such qualified residence, and
                            ``(ii) the denominator of which is the 
                        total floor space of all residences within such 
                        property.
                    ``(B) Tenant-stockholders of cooperative housing 
                corporations treated as owners.--In the case of a 
                cooperative housing corporation (as such term is 
                defined in section 216(b)), a tenant-stockholder shall 
                be treated as owning the house or apartment which such 
                person is entitled to occupy.
            ``(6) Related party sales not treated as affordable 
        sales.--
                    ``(A) In general.--A sale between related persons 
                shall not be treated as an affordable sale.
                    ``(B) Related persons.--For purposes of this 
                paragraph, a person (in this subparagraph referred to 
                as the `related person') is related to any person if 
                the related person bears a relationship to such person 
                specified in section 267(b) or 707(b)(1), or the 
                related person and such person are engaged in trades or 
                businesses under common control (within the meaning of 
                subsections (a) and (b) of section 52). For purposes of 
                the preceding sentence, in applying section 267(b) or 
                707(b)(1), `10 percent' shall be substituted for `50 
                percent'.
            ``(7) Inflation adjustment.--
                    ``(A) In general.--In the case of a calendar year 
                after 2022, the dollar amounts in subsections 
                (b)(3)(A), (e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and 
                (i)(2)(C) shall each be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for such 
                        calendar year by substituting `calendar year 
                        2021' for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(B) Rounding.--
                            ``(i) In the case of the dollar amounts in 
                        subsection (b)(3)(A) and (i)(2)(C), any 
                        increase under paragraph (1) which is not a 
                        multiple of $1,000 shall be rounded to the 
                        nearest multiple of $1,000.
                            ``(ii) In the case of the dollar amount in 
                        subsection (e)(3)(A)(i)(I), any increase under 
                        paragraph (1) which is not a multiple of $0.01 
                        shall be rounded to the nearest multiple of 
                        $0.01.
                            ``(iii) In the case of the dollar amount in 
                        subsection (e)(3)(A)(i)(II), any increase under 
                        paragraph (1) which is not a multiple of 
                        $100,000 shall be rounded to the nearest 
                        multiple of $100,000.
            ``(8) Report.--
                    ``(A) In general.--The Secretary shall annually 
                issue a report, to be made available to the public, 
                which contains the information submitted pursuant to 
                subsection (f)(1)(F).
                    ``(B) De-identification.--The Secretary shall 
                ensure that any information made public pursuant to 
                paragraph (1) excludes any information that would allow 
                for the identification of qualified homeowners.
            ``(9) List of qualified census tracts.--The Secretary of 
        Housing and Urban Development shall, for each year, make 
        publicly available a list of qualified census tracts under--
                    ``(A) on a combined basis, clauses (i) and (ii) of 
                subsection (c)(2)(A),
                    ``(B) clause (iii) of such subsection, and
                    ``(C) subsection (i)(5)(A).
    ``(i) Application of Credit With Respect to Owner-occupied 
Rehabilitations.--
            ``(1) In general.--In the case of a qualified 
        rehabilitation by the taxpayer of any qualified residence which 
        is owned (as of the date that the written binding contract 
        referred to in paragraph (3) is entered into) by a specified 
        homeowner, the rules of paragraphs (2) through (7) shall apply.
            ``(2) Alternative credit determination.--In the case of any 
        qualified residence described in paragraph (1), the 
        neighborhood homes credit determined under subsection (a) with 
        respect to such residence shall (in lieu of any credit 
        otherwise determined under subsection (a) with respect to such 
        residence) be allowed in the taxable year during which the 
        qualified rehabilitation is completed (as determined by the 
        neighborhood homes credit agency) and shall be equal to the 
        least of--
                    ``(A) the excess (if any) of--
                            ``(i) the amounts paid or incurred by the 
                        taxpayer for the qualified rehabilitation of 
                        the qualified residence to the extent that such 
                        amounts are certified by the neighborhood homes 
                        credit agency (at the time of the completion of 
                        such rehabilitation) as meeting the standards 
                        specified pursuant to subsection (f)(1)(C), 
                        over
                            ``(ii) any amounts paid to such taxpayer 
                        for such rehabilitation,
                    ``(B) 50 percent of the amounts described in 
                subparagraph (A)(i), or
                    ``(C) $50,000.
            ``(3) Qualified rehabilitation.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `qualified rehabilitation' means a 
                rehabilitation or reconstruction performed pursuant to 
                a written binding contract between the taxpayer and the 
                qualified homeowner if the amount paid or incurred by 
                the taxpayer in the performance of such rehabilitation 
                or reconstruction exceeds the dollar amount in effect 
                under subsection (b)(3)(A).
                    ``(B) Application of limitation to expenses paid or 
                incurred after allocation.--A rule similar to the rule 
                of section (b)(4) shall apply for purposes of this 
                subsection.
            ``(4) Specified homeowner.--For purposes of this 
        subsection, the term `qualified homeowner' means, with respect 
        to a qualified residence, an individual--
                    ``(A) who owns and uses such qualified residence as 
                the principal residence of such individual as of the 
                date that the written binding contract referred to in 
                paragraph (3) is entered into, and
                    ``(B) whose family income (determined as of such 
                date) does not exceed the median family income for the 
                applicable area (with respect to the census tract in 
                which the qualified residence is located).
            ``(5) Additional census tracts in which owner-occupied 
        residences may be located.--In the case of any qualified 
        residence described in paragraph (1), the term `qualified 
        census tract' includes any census tract which--
                    ``(A) meets the requirements of subsection 
                (c)(2)(A)(i) without regard to subclause (III) thereof, 
                and
                    ``(B) is designated by the neighborhood homes 
                credit agency for purposes of this paragraph.
            ``(6) Modification of repayment requirement.--In the case 
        of any qualified residence described in paragraph (1), 
        subsection (g) shall be applied by beginning the 5-year period 
        otherwise described therein on the date on which the qualified 
        owner acquired the residence.
            ``(7) Related parties.--Paragraph (1) shall not apply if 
        the taxpayer is the owner of the qualified residence described 
        in paragraph (1) or is related (within the meaning of 
        subsection (h)(6)(B)) to such owner.
            ``(8) Pyrrhotite remediation.--The requirement of 
        subsection (c)(1)(C) shall not apply to a qualified 
        rehabilitation under this subsection of a qualified residence 
        that is documented by an engineer's report and core testing to 
        have a foundation that is adversely impacted by pyrrhotite or 
        other iron sulfide minerals.
    ``(j) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section, including regulations that prevent avoidance of the rules, and 
abuse of the purposes, of this section.''.
    (b) Credit Allowed as Part of General Business Credit.--Section 
38(b), as amended by the preceding provisions of this Act, is amended 
by striking ``plus'' at the end of paragraph (34), by striking the 
period at the end of paragraph (35) and inserting ``, plus'', and by 
adding at the end the following new paragraph:
            ``(36) the neighborhood homes credit determined under 
        section 42A(a),''.
    (c) Credit Allowed Against Alternative Minimum Tax.--Section 
38(c)(4)(B), as amended by the preceding provisions of this Act, is 
amended by redesginating clauses (iv) through (xiii) as clauses (v) 
through (xiv), respectively, and by inserting after clause (iii) the 
following new clause:
                            ``(iv) the credit determined under section 
                        42A,''.
    (d) Conforming Amendments.--
            (1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of 
        section 469 are each amended by inserting ``or 42A'' after 
        ``section 42''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 42 the following new item:

``Sec. 42A. Neighborhood homes credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

              PART 6--INVESTMENTS IN TRIBAL INFRASTRUCTURE

SEC. 135601. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND 
              ISSUANCE.

    (a) In General.--Section 7871(c) is amended to read as follows:
    ``(c) Special Rules for Tax-exempt Bonds.--
            ``(1) In general.--In applying section 146 to bonds issued 
        by Indian Tribal Governments the Secretary shall annually--
                    ``(A) establish a national bond volume cap based on 
                the greater of--
                            ``(i) the State population formula approach 
                        in section 146(d)(1)(A) (using national Tribal 
                        population estimates supplied annually by the 
                        Department of the Interior in consultation with 
                        the Census Bureau), and
                            ``(ii) the minimum State ceiling amount in 
                        section 146(d)(1)(B) (as adjusted in accordance 
                        with the cost of living provision in section 
                        146(d)(2)),
                    ``(B) allocate such national bond volume cap among 
                all Indian Tribal Governments seeking such an 
                allocation in a particular year under regulations 
                prescribed by the Secretary.
            ``(2) Application of geographic restriction.--In the case 
        of national bond volume cap allocated under paragraph (1), 
        section 146(k)(1) shall not apply to the extent that such cap 
        is used with respect to financing for a facility located on 
        qualified Indian lands.
            ``(3) Restriction on financing of certain gaming 
        facilities.--No portion of the volume cap allocated under this 
        subsection may be used with respect to the financing of any 
        portion of a building in which class II or class III gaming (as 
        defined in section 4 of the Indian Gaming Regulatory Act) is 
        conducted or housed or any property actually used in the 
        conduct of such gaming.
            ``(4) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Indian tribal government.--The term `Indian 
                Tribal Government' means the governing body of an 
                Indian Tribe, band, nation, or other organized group or 
                community, or of Alaska Natives, which is recognized as 
                eligible for the special programs and services provided 
                by the United States to Indians because of their status 
                as Indians, and also includes any agencies, 
                instrumentalities or political subdivisions thereof.
                    ``(B) Intertribal consortiums, etc.--In any case in 
                which an Indian Tribal Government has authorized an 
                intertribal consortium, a Tribal organization, or an 
                Alaska Native regional or village corporation, as 
                defined in, or established pursuant to, the Alaska 
                Native Claims Settlement Act, to plan for, coordinate 
                or otherwise administer services, finances, functions, 
                or activities on its behalf under this subsection, the 
                authorized entity shall have the rights and 
                responsibilities of the authorizing Indian Tribal 
                Government only to the extent provided in the 
                Authorizing resolution.
                    ``(C) Qualified indian lands.--The term `qualified 
                Indian lands' shall mean an Indian reservation as 
                defined in section 3(d) of the Indian Financing Act of 
                1974 (25 U.S.C. 1452(d)), including lands which are 
                within the jurisdictional area of an Oklahoma Indian 
                Tribe (as determined by the Secretary of the Interior) 
                and shall include lands outside a reservation where the 
                facility is to be placed in service in connection 
                with--
                            ``(i) the active conduct of a trade or 
                        business by an Indian Tribe on, contiguous to, 
                        within reasonable proximity of, or with a 
                        substantial connection to, an Indian 
                        reservation or Alaska Native village, or
                            ``(ii) infrastructure (including roads, 
                        power lines, water systems, railroad spurs, and 
                        communication facilities) serving an Indian 
                        reservation or Alaska Native village.''.
    (b) Conforming Amendment.--Subparagraph (B) of section 45(c)(9) is 
amended to read as follows:
                    ``(B) Indian tribe.--For purposes of this 
                paragraph, the term `Indian tribe' has the meaning 
                given the term `Indian Tribal Government' by section 
                7871(c)(3)(A).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued in calendar years beginning after the date 
of the enactment of this Act.

SEC. 135602. NEW MARKETS TAX CREDIT FOR TRIBAL STATISTICAL AREAS.

    (a) Additional Allocations for Tribal Statistical Areas.--Section 
45D(f), as amended by the preceding provisions of this Act, is amended 
by adding at the end the following new paragraph:
            ``(5) Additional allocations for tribal statistical 
        areas.--
                    ``(A) In general.--In the case of each calendar 
                year after 2021, there is (in addition to any 
                limitation under any other paragraph of this 
                subsection) a new markets tax credit limitation of 
                $175,000,000 which shall be allocated by the Secretary 
                as provided in paragraph (2) except that such 
                limitation may only be allocated with respect to Tribal 
                Statistical Areas.
                    ``(B) Carryover of unused tribal statistical area 
                limitation.--
                            ``(i) In general.--If the credit limitation 
                        under subparagraph (A) for any calendar year 
                        exceeds the amount of such limitation allocated 
                        by the Secretary for such calendar year, such 
                        limitation for the succeeding calendar year 
                        shall be increased by the amount of such 
                        excess.
                            ``(ii) Limitation on carryover.--No amount 
                        of credit limitation may be carried under 
                        clause (i) past the 5th calendar year following 
                        the calendar year in which such amount of 
                        credit limitation arose.
                            ``(iii) Transfer of expired tribal 
                        statistical area limitation to general 
                        limitation.--In the case of any amount of 
                        credit limitation which would (but for clause 
                        (ii)) be carried under clause (i) to the 6th 
                        calendar year following the calendar year in 
                        which such amount of credit limitation arose, 
                        the new market tax credit limitation under 
                        paragraph (1) for such 6th calendar year shall 
                        be increased by the amount of such credit 
                        limitation.
                    ``(C) Tribal statistical area.--For purposes of 
                this paragraph, the term `Tribal Statistical Area' 
                means--
                            ``(i) any low-income community which is 
                        located in any Tribal Census Tract, Oklahoma 
                        Tribal Statistical Area, Tribal-Designated 
                        Statistical Area, Alaska Native Village 
                        Statistical Area, or Hawaiian Home Land, and
                            ``(ii) any low-income community described 
                        in subsection (e)(1)(B).''.
    (b) Eligibility of Certain Projects Serving Tribal Members.--
Section 45D(e)(1) is amended to read as follows:
            ``(1) In general.--The term `low-income community' means 
        any area--
                    ``(A) comprising a population census tract if--
                            ``(i) the poverty rate for such tract is at 
                        least 20 percent, or
                            ``(ii)(I) in the case of a tract not 
                        located within a metropolitan area, the median 
                        family income for such tract does not exceed 80 
                        percent of statewide median family income, or
                            ``(II) in the case of a tract located 
                        within a metropolitan area, the median family 
                        income for such tract does not exceed 80 
                        percent of the greater of statewide median 
                        family income or the metropolitan area median 
                        family income,
                    ``(B) which is used for a qualified active low-
                income community business which--
                            ``(i) services a significant population of 
                        Tribal or Alaska Native Village members who are 
                        residents of a low-income community described 
                        in subsection (f)(5)(C)(i), and
                            ``(ii) obtains a written statement from the 
                        relevant Indian Tribal Government (within the 
                        meaning of section 7871(c)) that documents the 
                        eligibility such project with respect to the 
                        requirement of clause (i).
        Subparagraph (A)(ii) shall be applied using possession wide 
        median family income in the case of census tracts located 
        within a possession of the United States.''.
    (c) Application of Inflation Adjustment.--Section 45D(f)(4), as 
added by the preceding provisions of this Act, is amended by striking 
``the dollar amount paragraph (1)(H) shall be increased'' and inserting 
``the dollar amounts in paragraphs (1)(H) and (5)(A) shall each be 
increased''.
    (d) Coordination With Existing Carryover.--Section 45D(f)(3), as 
amended by the preceding provisions of this Act, is amended to read as 
follows:
            ``(3) Carryover of unused limitation.--If the new markets 
        tax credit limitation under paragraph (1) for any calendar year 
        exceeds the amount of such limitation allocated by the 
        Secretary under paragraph (2) for such year, such limitation 
        for the succeeding calendar year shall be increased by the 
        amount of such excess.''.
    (e) Regulatory Authority.--Section 45D(i) is amended by striking 
``and'' at the end of paragraph (5), by striking the period at the end 
of paragraph (6) and inserting ``, and'', and by adding at the end the 
following new paragraph:
            ``(7) which provide documentation requirements for the 
        written statement required under subsection (e)(1)(B)(ii), and
            ``(8) which provide procedures for determining which 
        projects under subsection (e)(1)(B) are qualified active low-
        income community businesses with respect to the populations 
        described in such subsection. Such procedures shall take into 
        account the location needs of such projects, especially with 
        respect to projects that serve multiple tribal or Alaska Native 
        Village communities.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to new markets tax credit limitation determined for calendar 
years after December 31, 2021.

SEC. 135603. INCLUSION OF INDIAN AREAS AS DIFFICULT DEVELOPMENT AREAS 
              FOR PURPOSES OF CERTAIN BUILDINGS.

    (a) In General.--Subclause (I) of section 42(d)(5)(B)(iii), as 
amended by the preceding provisions of this Act, is amended by 
inserting ``, any Indian area'' after ``median gross income''.
    (b) Indian Area.--Clause (iii) of section 42(d)(5)(B), as amended 
by the preceding provisions of this Act is amended by redesignating 
subclause (III) as subclause (V) and by inserting after subclause (II) 
the following new subclauses:
                                    ``(III) Indian area.--For purposes 
                                of subclause (I), the term `Indian 
                                area' means any Indian area (as defined 
                                in section 4(11) of the Native American 
                                Housing Assistance and Self 
                                Determination Act of 1996 (25 U.S.C. 
                                4103(11))).
                                    ``(IV) Special rule for buildings 
                                in indian areas.--In the case of an 
                                area which is a difficult development 
                                area solely because it is an Indian 
                                area, a building shall not be treated 
                                as located in such area unless such 
                                building is assisted or financed under 
                                the Native American Housing Assistance 
                                and Self Determination Act of 1996 (25 
                                U.S.C. 4101 et seq.) or the project 
                                sponsor is an Indian tribe (as defined 
                                in section 45A(c)(6)), a tribally 
                                designated housing entity (as defined 
                                in section 4(22) of such Act (25 U.S.C. 
                                4103(22))), or wholly owned or 
                                controlled by such an Indian tribe or 
                                tribally designated housing entity.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings placed in service after December 31, 2021.

                 PART 7--INVESTMENTS IN THE TERRITORIES

SEC. 135701. POSSESSIONS ECONOMIC ACTIVITY CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
adding at the end the following new section:

``SEC. 45V. POSSESSIONS ECONOMIC ACTIVITY CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, in the case 
of a qualified domestic corporation the possessions economic activity 
credit determined under this section for a taxable year is an amount 
equal to 20 percent of the sum of the qualified possession wages and 
allocable employee fringe benefit expenses paid or incurred by the 
taxpayer for the taxable year.
    ``(b) Qualified Domestic Corporation; Qualified Corporation.--For 
purposes of this section--
            ``(1) In general.--The term `qualified domestic 
        corporation' means any domestic corporation which is--
                    ``(A) a qualified corporation, or
                    ``(B) a United States shareholder of a foreign 
                corporation which--
                            ``(i) is a qualified corporation, and
                            ``(ii) is wholly owned by the United States 
                        shareholder together with any corporations 
                        which are members of the same affiliated group 
                        (within the meaning of section 1504(a)) as such 
                        United States shareholder.
            ``(2) Qualified corporation.--The term `qualified 
        corporation' means any corporation if such corporation meets 
        the following requirements:
                    ``(A) Source qualification.--80 percent or more of 
                the gross income of the corporation for the 3-year 
                period immediately preceding the close of the taxable 
                year (or for such part of such period immediately 
                preceding the close of such taxable year as may be 
                applicable) was derived from sources within a 
                possession of the United States (determined without 
                regard to section 904(f)).
                    ``(B) Trade or business qualification.--75 percent 
                or more of the gross income of the corporation for such 
                period or such part thereof was derived from the active 
                conduct of a trade or business within a possession of 
                the United States.
            ``(3) Special rule for separate and clearly identified 
        units of foreign corporations.--
                    ``(A) In general.--In the case of a United States 
                shareholder of a foreign corporation which--
                            ``(i) is not a qualified corporation but 
                        with respect to which the ownership 
                        requirements of paragraph (1)(B)(ii) are met, 
                        and
                            ``(ii) has an eligible foreign business 
                        unit which, if such unit were a corporation, 
                        would be a qualified corporation with respect 
                        to which such ownership requirements would be 
                        met,
                then, for purposes of this section, the United States 
                shareholder may elect to treat such unit as a separate 
                foreign corporation which meets the requirements of 
                paragraph (1)(B) and with respect to which such 
                shareholder is a United States shareholder.
                    ``(B) Eligible foreign business unit.--For purposes 
                of this paragraph, the term `eligible foreign business 
                unit' means a separate and clearly identified foreign 
                unit of a trade or business, including a partnership or 
                an entity treated as disregarded as a separate entity 
                from its owner (under section 7701 or other provision 
                under this title), which maintains separate books and 
                records.
                    ``(C) Special election for affiliated groups.--In 
                the case of an affiliated group described in paragraph 
                (1)(B)(ii), the election under subparagraph (A) with 
                respect to any eligible foreign business unit shall be 
                made by the common parent of such group and shall apply 
                uniformly to all members of such group which are United 
                States shareholders with respect to the foreign 
                corporation which has such unit.
    ``(c) Qualified Possession Wages.--For purposes of this section--
            ``(1) In general.--The term `qualified possession wages' 
        means wages paid or incurred by the qualified corporation 
        during the taxable year in connection with the active conduct 
        of a trade or business within a possession of the United States 
        to any employee for services performed in such possession, but 
        only if such services are performed while the principal place 
        of employment of such employee is within such possession.
            ``(2) Limitation on amount of wages taken into account.--
                    ``(A) In general.--The amount of wages which may be 
                taken into account under paragraph (1) with respect to 
                any employee for any taxable year shall not exceed 
                $50,000.
                    ``(B) Treatment of part-time employees, etc.--If--
                            ``(i) any employee is not employed by the 
                        qualified corporation on a substantially full-
                        time basis at all times during the taxable 
                        year, or
                            ``(ii) the principal place of employment of 
                        any employee with the qualified corporation is 
                        not within a possession at all times during the 
                        taxable year,
                the limitation applicable under paragraph (1) with 
                respect to such employee shall be the appropriate 
                portion (as determined by the Secretary) of the 
                limitation which would otherwise be in effect under 
                paragraph (1).
                    ``(C) Wages.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `wages' has the meaning 
                        given to such term by subsection (b) of section 
                        3306 (determined without regard to any dollar 
                        limitation contained in such section). For 
                        purposes of the preceding sentence, such 
                        subsection (b) shall be applied as if the term 
                        `United States' included all possessions of the 
                        United States.
                            ``(ii) Special rule for agricultural labor 
                        and railway labor.--In any case to which 
                        subparagraph (A) or (B) of paragraph (1) of 
                        section 51(h) applies, the term `wages' has the 
                        meaning given to such term by section 51(h)(2).
            ``(3) Allocable employee fringe benefit expenses.--
                    ``(A) In general.--The allocable employee fringe 
                benefit expenses of any qualified corporation for any 
                taxable year is an amount which bears the same ratio to 
                the amount determined under subparagraph (B) for such 
                taxable year as--
                            ``(i) the aggregate amount of the qualified 
                        corporation's qualified possession wages for 
                        such taxable year, bears to
                            ``(ii) the aggregate amount of the wages 
                        paid or incurred by such qualified corporation 
                        during such taxable year.
                In no event shall the amount determined under the 
                preceding sentence exceed 15 percent of the amount 
                referred to in clause (i).
                    ``(B) Expenses taken into account.--For purposes of 
                subparagraph (A), the amount determined under this 
                subparagraph for any taxable year is the aggregate 
                amount allowable (or, in the case of a foreign 
                corporation, which would be allowable if such foreign 
                corporation were a domestic corporation) as a deduction 
                under this chapter to the qualified corporation for 
                such taxable year with respect to--
                            ``(i) employer contributions under a stock 
                        bonus, pension, profit-sharing, or annuity 
                        plan,
                            ``(ii) employer-provided coverage under any 
                        accident or health plan for employees, and
                            ``(iii) the cost of life or disability 
                        insurance provided to employees.
                Any amount treated as wages under paragraph (2)(C) 
                shall not be taken into account under this 
                subparagraph.
    ``(d) Special Rule for Qualified Small Domestic Corporation.--For 
purposes of this section--
            ``(1) Increased credit percentage.--In the case of a 
        qualified small domestic corporation, subsection (a) shall be 
        applied by substituting `50 percent' for `20 percent'.
            ``(2) Qualified small domestic corporation.--
                    ``(A) In general.--The term `qualified small 
                domestic corporation' means a qualified domestic 
                corporation that meets the requirements of 
                subparagraphs (B) and (C).
                    ``(B) Full-time employment.--A qualified domestic 
                corporation meets the requirements of this subparagraph 
                if the qualified corporation which is the qualified 
                domestic corporation under subsection (b)(1)(A) or the 
                foreign corporation under subsection (b)(1)(B)(i)--
                            ``(i) has at least 5 full-time employees in 
                        a possession of the United States for each year 
                        in the 3-year period immediately preceding the 
                        close of the taxable year (or for such part of 
                        such period immediately preceding the close of 
                        such taxable year as may be applicable), and
                            ``(ii) has not more than a total of 30 
                        full-time employees for each year in such 3-
                        year period.
                    ``(C) Gross receipts.--A qualified domestic 
                corporation meets the requirements of this subparagraph 
                if the annual gross receipts of the qualified domestic 
                corporation (and all persons related thereto) for each 
                year in such 3-year period is not more than 
                $50,000,000.
            ``(3) Related persons.--In determining whether the 
        limitations under subparagraphs (B)(ii) and (C) of paragraph 
        (2) are met, all persons who are treated as related to the 
        qualified domestic corporation for purposes of subsection (a) 
        or (b) of section 52 shall be taken into account.
            ``(4) Amount of wages taken into account.--Subsection 
        (c)(2)(A) shall be applied by substituting `$139,500' for 
        `$50,000'.
    ``(e) Possession of the United States.--
            ``(1) In general.--The term `possession of the United 
        States' means American Samoa, the Commonwealth of the Northern 
        Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the 
        Virgin Islands.
            ``(2) Mirror code possessions.--In the case of any 
        possession of the United States with a mirror code tax system 
        (as defined in section 24(k)), this section shall not be 
        treated as part of the income tax laws of the United States for 
        purposes of determining the income tax law of such possession 
        unless such possession elects to have this section be so 
        treated.
    ``(f) Separate Application to Each Possession.--For purposes of 
determining the amount of the credit allowed under this section, this 
section shall be applied separately with respect to each possession of 
the United States.
    ``(g) Termination.--No credit shall be allowed under this section 
for any taxable year beginning after December 31, 2031.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38, as amended by the preceding provisions of this Act, is 
amended by striking ``plus'' at the end of paragraph (35), by striking 
the period at the end of paragraph (36) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(37) the possessions economic activity credit determined 
        under section 45V.''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following:

``Sec. 45V. Possessions Economic Activity Credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act, and in the case of a qualified corporation that is a foreign 
corporation, to taxable years beginning after the date of enactment and 
to taxable years of United States shareholders in which or with which 
such taxable years of foreign corporations end.

SEC. 135702. ADDITIONAL NEW MARKETS TAX CREDIT ALLOCATIONS FOR THE 
              TERRITORIES.

    (a) In General.--Section 45D(f), as amended by the preceding 
provisions of this Act, is amended by adding at the end the following 
new paragraph:
            ``(6) Additional allocations for possessions of the united 
        states.--
                    ``(A) In general.--In the case of each calendar 
                year after 2021, there is (in addition to the 
                limitation under paragraph (1)--
                            ``(i) a new markets tax credit limitation 
                        of $80,000,000 which shall be allocated by the 
                        Secretary as provided in paragraph (2) except 
                        that such limitation may only be allocated with 
                        respect to low-income communities located in 
                        Puerto Rico, and
                            ``(ii) a new markets tax credit limitation 
                        of $20,000,000 which shall be allocated by the 
                        Secretary as provided in paragraph (2) except 
                        that such limitation may only be allocated with 
                        respect to low-income communities located in 
                        possessions of the United States other than 
                        Puerto Rico.
                    ``(B) Carryover of unused limitation.--
                            ``(i) In general.--If the credit limitation 
                        under clause (i) or clause (ii) of subparagraph 
                        (A) for any calendar year exceeds the amount of 
                        such limitation allocated by the Secretary for 
                        such calendar year, such limitation for the 
                        succeeding calendar year shall be increased by 
                        the amount of such excess.
                            ``(ii) Limitation on carryover.--No amount 
                        of credit limitation may be carried under 
                        clause (i) past the 5th calendar year following 
                        the calendar year in which such amount of 
                        credit limitation arose.
                            ``(iii) Transfer of expired possession 
                        limitation to general limitation.--In the case 
                        of any amount of credit limitation which would 
                        (but for clause (ii)) be carried under clause 
                        (i) to the 6th calendar year following the 
                        calendar year in which such amount of credit 
                        limitation arose, the new market tax credit 
                        limitation under paragraph (1) for such 6th 
                        calendar year shall be increased by the amount 
                        of such credit limitation.''.
    (b) Application of Inflation Adjustment.--Section 45D(f)(4), as 
added and amended by the preceding provisions of this Act, is amended 
by striking ``paragraphs (1)(H) and (5)(A)'' and inserting ``paragraphs 
(1)(H), (5)(A), (6)(A)(i), and (6)(A)(ii)''.
    (c) Effective Dates.--The amendments made by this section shall 
apply to new markets tax credit limitation determined for calendar 
years after December 31, 2021.

                        Subtitle G--Green Energy

SEC. 136001. 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 Internal 
Revenue Code of 1986.

      PART 1--RENEWABLE ELECTRICITY AND REDUCING CARBON EMISSIONS

SEC. 136101. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRICITY 
              PRODUCED FROM CERTAIN RENEWABLE RESOURCES.

    (a) In General.--The following provisions of section 45(d) are each 
amended by striking ``January 1, 2022'' each place it appears and 
inserting ``January 1, 2034'':
            (1) Paragraph (2)(A).
            (2) Paragraph (3)(A).
            (3) Paragraph (4)(B).
            (4) Paragraph (6).
            (5) Paragraph (7).
            (6) Paragraph (9).
            (7) Paragraph (11)(B).
    (b) Application of Extension to Solar.--Section 45(d)(4)(A) is 
amended by striking ``is placed in service before January 1, 2006'' and 
inserting ``the construction of which begins before January 1, 2034.''.
    (c) Extension of Election to Treat Qualified Facilities as Energy 
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 
2022'' and inserting ``January 1, 2034''.
    (d) Application of Extension to Wind Facilities.--
            (1) In general.--Section 45(d)(1) is amended by striking 
        ``January 1, 2022'' and inserting ``January 1, 2034''.
            (2) Application of phaseout percentage.--
                    (A) Renewable electricity production credit.--
                Section 45(b)(5)(D) is amended by inserting ``placed in 
                service before January 1, 2022'' after ``In the case of 
                any facility''.
                    (B) Energy credit.--Section 48(a)(5)(E)(iv) is 
                amended by inserting ``placed in service before January 
                1, 2022'' after ``In the case of any facility''.
            (3) Qualified offshore wind facilities under energy 
        credit.--Section 48(a)(5)(F)(i) is amended by striking 
        ``offshore wind facility--'' and all that follows and inserting 
        the following: ``offshore wind facility, subparagraph (E) shall 
        not apply.''.
    (e) Percentage Phaseout of Credit.--Section 45(b) is amended by 
adding at the end the following new paragraph:
            ``(6) Percentage phaseout of credit.--In the case of any 
        facility, the amount of the credit determined under subsection 
        (a) shall be reduced by--
                    ``(A) in the case of any facility the construction 
                of which begins after December 31, 2031 and before 
                January 1, 2033, 20 percent,
                    ``(B) in the case of any facility the construction 
                of which begins after December 31, 2032 and before 
                January 1, 2034, 40 percent, and
                    ``(C) in the case of any facility the construction 
                of which begins after December 31, 2033, 100 
                percent.''.
    (f) Wage and Apprenticeship Requirements.--Section 45(b) is amended 
by adding at the end the following new paragraphs:
            ``(7) Base credit amount and increased credit amount for 
        qualified facilities.--
                    ``(A) In general.--In the case of any qualified 
                facility which does not satisfy the requirements of 
                subparagraph (B), the amount of the credit determined 
                under subsection (a) (determined after the application 
                of paragraphs (1) through (6)) shall be 20 percent of 
                such amount (determined without regard to this 
                sentence).
                    ``(B) Increased credit for certain facilities 
                meeting project requirements.--
                            ``(i) In general.--In the case of any 
                        qualified facility which meets the project 
                        requirements of this subparagraph, subparagraph 
                        (A) shall not apply.
                            ``(ii) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project with a maximum net 
                                output of less than 1 megawatt.
                                    ``(II) A project which commences 
                                construction prior to the date of the 
                                enactment of this paragraph.
                                    ``(III) A project which satisfies 
                                the requirements of paragraphs (8) and 
                                (9).
            ``(8) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any qualified 
                facility are that the taxpayer shall ensure that any 
                laborers and mechanics employed by contractors and 
                subcontractors in--
                            ``(i) the construction of such facility, 
                        and
                            ``(ii) for the 10-year period beginning on 
                        the date the facility was originally placed in 
                        service, the alteration or repair of such 
                        facility,
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--
                            ``(i) In general.--In the case of any 
                        taxpayer which fails to satisfy the requirement 
                        under subparagraph (A) with respect to the 
                        construction of any qualified facility or with 
                        respect to the alteration or repair of a 
                        facility in any year during the period 
                        described in subparagraph (A)(ii), such 
                        taxpayer shall be deemed to have satisfied such 
                        requirement under such subparagraph with 
                        respect to such facility for any year if, with 
                        respect to any laborer or mechanic who was paid 
                        wages at a rate below the rate described in 
                        such subparagraph for any period during such 
                        year, such taxpayer--
                                    ``(I) makes payment to such laborer 
                                or mechanic in an amount equal to the 
                                sum of--
                                            ``(aa) an amount equal to 
                                        the difference between the 
                                        amount of wages paid to such 
                                        laborer or mechanic during such 
                                        period, and--

                                                    ``(AA) the amount 
                                                of wages required to be 
                                                paid to such laborer or 
                                                mechanic pursuant to 
                                                such subparagraph 
                                                during such period, 
                                                plus

                                                    ``(BB) interest on 
                                                the amount determined 
                                                under item (aa) at the 
                                                underpayment rate 
                                                established under 
                                                section 6621 for the 
                                                period described in 
                                                such item, and

                                    ``(II) makes payment to the 
                                Secretary of a penalty in an amount 
                                equal to the product of--
                                            ``(aa) $5,000, multiplied 
                                        by
                                            ``(bb) the total number of 
                                        laborers and mechanics who were 
                                        paid wages at a rate below the 
                                        rate described in subparagraph 
                                        (A) for any period during such 
                                        year.
                            ``(ii) Penalty assessed as tax.--The 
                        penalty described in clause (i)(II) shall be 
                        treated in the same manner as a penalty imposed 
                        under subchapter B of chapter 68.
            ``(9) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to the construction 
        of any qualified facility are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any project shall, subject to 
                        subparagraph (B), ensure that not less than the 
                        applicable percentage of the total labor hours 
                        of such work be performed by qualified 
                        apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph, or
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor 
                        hours'--
                                    ``(I) means the total number of 
                                hours devoted to the performance of 
                                construction, alteration, or repair 
                                work by employees of the contractor or 
                                subcontractor, and
                                    ``(II) excludes any hours worked 
                                by--
                                            ``(aa) foremen,
                                            ``(bb) superintendents,
                                            ``(cc) owners, or
                                            ``(dd) persons employed in 
                                        a bona fide executive, 
                                        administrative, or professional 
                                        capacity (within the meaning of 
                                        those terms in part 541 of 
                                        title 29, Code of Federal 
                                        Regulations).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' means an individual who 
                        is an employee of the contractor or 
                        subcontractor and who is participating in a 
                        registered apprenticeship program, as defined 
                        in section 3131(e)(3)(B).
            ``(10) Domestic content bonus credit amount.--
                    ``(A) In general.--In the case of any qualified 
                facility which satisfies the requirement under 
                subparagraph (B), the amount of the credit determined 
                under subsection (a) (determined after the application 
                of paragraphs (1) through (9)) shall be increased by an 
                amount equal to 10 percent of the amount otherwise in 
                effect under such subsection.
                    ``(B) Requirement.--
                            ``(i) In general.--Subject to clause (iii), 
                        the requirement described in this subclause 
                        with respect to any qualified facility is that, 
                        prior to the end of the taxable year in which 
                        such facility is placed in service, the 
                        taxpayer shall certify to the Secretary that, 
                        any steel, iron, or manufactured product used 
                        in the construction of such facility was 
                        produced in the United States.
                            ``(ii) Steel and iron.--In the case of 
                        steel or iron, clause (i) shall be applied in a 
                        manner consistent with section 661.5(b) of 
                        title 49, Code of Federal Regulations.
                            ``(iii) Manufactured product.--For purposes 
                        of clause (i), a manufactured product shall be 
                        deemed to have been manufactured in the United 
                        States if not less than 55 percent of the total 
                        cost of the components of such product is 
                        attributable to components which are mined, 
                        produced, or manufactured in the United States.
                    ``(C) International agreements.--This paragraph 
                shall be applied in a manner which is consistent with 
                the obligations of the United States under 
                international agreements.
            ``(11) Penalty for direct pay.--
                    ``(A) In general.--In the case of a taxpayer making 
                an election under section 6417 with respect to a credit 
                under this section, the amount of such credit shall be 
                replaced with--
                            ``(i) the value of such credit (determined 
                        without regard to this paragraph), multiplied 
                        by
                            ``(ii) the applicable percentage.
                    ``(B) 100 percent applicable percentage for certain 
                qualified facilities.--In the case of any qualified 
                facility--
                            ``(i) which satisfies the requirements 
                        under paragraph (10) with respect to the 
                        construction of such facility, or
                            ``(ii) with a maximum net output of less 
                        than 1 megawatt,
                the applicable percentage shall be 100 percent.
                    ``(C) Phased domestic content requirement.--Subject 
                to subparagraph (D), in the case of any qualified 
                facility which is not described in subparagraph (B), 
                the applicable percentage shall be--
                            ``(i) if construction of such facility 
                        began before January 1, 2024, 100 percent,
                            ``(ii) if construction of such facility 
                        began in calendar year 2024, 90 percent,
                            ``(iii) if construction of such facility 
                        began in calendar year 2025, 85 percent, and
                            ``(iv) if construction of such facility 
                        began after December 31, 2025, 0 percent.
                    ``(D) Exceptions.--In order to facilitate the use 
                of amounts made available in this section, increase the 
                tax incentives for investment in clean energy, and grow 
                the domestic supply chains, the Secretary shall provide 
                appropriate exceptions to the domestic content 
                requirements for products under subparagraph (C) for 
                the construction of qualified facilities if either the 
                inclusion of domestic products increases the overall 
                costs of projects by more than 25 percent or relevant 
                manufactured products are not produced in the United 
                States in sufficient and reasonably available 
                quantities or of a satisfactory quality.
            ``(12) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.''.
    (g) Effective Date.--The amendments made by this section shall 
apply to facilities placed in service after December 31, 2021.

SEC. 136102. EXTENSION AND MODIFICATION OF ENERGY CREDIT.

    (a) Extension of Credit.--The following provisions of section 48 
are each amended by striking ``January 1, 2024'' each place it appears 
and inserting ``January 1, 2034'':
            (1) Subsection (a)(3)(A)(ii).
            (2) Subsection (a)(3)(A)(vii).
            (3) Subsection (c)(1)(D).
            (4) Subsection (c)(2)(D).
            (5) Subsection (c)(3)(A)(iv).
            (6) Subsection (c)(4)(C).
    (b) Phaseout of Credit.--Section 48(a) is amended by striking 
paragraphs (6) and (7) and inserting the following new paragraphs:
            ``(6) Phaseout for solar energy property.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of any energy property described in paragraph 
                (3)(A)(i) the construction of which begins before 
                January 1, 2034, the energy percentage determined under 
                paragraph (2) shall be equal to--
                            ``(i) in the case of any property the 
                        construction of which begins after December 31, 
                        2019, and which is placed in service before 
                        January 1, 2022, 26 percent,
                            ``(ii) in the case of any property the 
                        construction of which begins before January 1, 
                        2032, and which is placed in service after 
                        December 31, 2021, 30 percent,
                            ``(iii) in the case of any property the 
                        construction of which begins after December 31, 
                        2031 and before January 1, 2033, 26 percent, 
                        and
                            ``(iv) in the case of any property the 
                        construction of which begins after December 31, 
                        2032 and before January 1, 2034, 22 percent.
                    ``(B) Placed in service deadline.--In the case of 
                any energy property described in paragraph (3)(A)(i) 
                the construction of which begins before January 1, 
                2034, and which is not placed in service before January 
                1, 2036, the energy percentage determined under 
                paragraph (2) shall be equal to 10 percent.
            ``(7) Phaseout for certain other energy property.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of any qualified fuel cell property, qualified 
                small wind property, waste energy recovery property, or 
                energy property described in paragraph (3)(A)(ii), the 
                energy percentage determined under paragraph (2) shall 
                be equal to--
                            ``(i) in the case of any property the 
                        construction of which begins after December 31, 
                        2019, and which is placed in service before 
                        January 1, 2022, 26 percent,
                            ``(ii) in the case of any property the 
                        construction of which begins before January 1, 
                        2032, and which is placed in service after 
                        December 31, 2021, 30 percent,
                            ``(iii) in the case of any property the 
                        construction of which begins after December 31, 
                        2031 and before January 1, 2033, 26 percent, 
                        and
                            ``(iv) in the case of any property the 
                        construction of which begins after December 31, 
                        2032 and before January 1, 2034, 22 percent.
                    ``(B) Placed in service deadline.--In the case of 
                any energy property described in subparagraph (A) which 
                is not placed in service before January 1, 2036, the 
                energy percentage determined under paragraph (2) shall 
                be equal to 0 percent.''.
    (c) 30 Percent Credit for Solar and Geothermal.--
            (1) Extension for solar.--Section 48(a)(2)(A)(i)(II) is 
        amended by striking ``January 1, 2024'' and inserting ``January 
        1, 2034''.
            (2) Application to geothermal.--
                    (A) In general.--Paragraphs (2)(A)(i)(II), (6)(A), 
                and (6)(B) of section 48(a) are each amended by 
                striking ``paragraph (3)(A)(i)'' and inserting ``clause 
                (i), (iii), or (vii) of paragraph (3)(A)''.
                    (B) Conforming amendment.--The heading of section 
                48(a)(6) is amended by inserting ``and geothermal'' 
                after ``solar energy''.
    (d) Energy Storage Technologies; Qualified Biogas Property; 
Microgrid Controllers; Extension of Waste Energy Recovery Property.--
            (1) In general.--Section 48(a)(3)(A) is amended by striking 
        ``or'' at the end of clause (vii), and by adding at the end the 
        following new clauses:
                            ``(viii) energy storage technology,
                            ``(ix) qualified biogas property, or
                            ``(x) microgrid controllers,''.
            (2) Application of 30 percent credit.--Section 
        48(a)(2)(A)(i) is amended by striking ``and'' at the end of 
        subclauses (IV) and (V) and adding at the end the following new 
        subclauses:
                                    ``(VI) energy storage technology,
                                    ``(VII) qualified biogas property, 
                                and
                                    ``(VIII) microgrid controllers, 
                                and''.
            (3) Application of phaseout.--Section 48(a)(7) is amended 
        by inserting ``energy storage technology, qualified biogas 
        property, microgrid contollers,'' after ``waste energy recovery 
        property,''.
            (4) Definitions.--Section 48(c) is amended by adding at the 
        end the following new paragraphs:
            ``(6) Energy storage technology.--
                    ``(A) In general.--The term `energy storage 
                technology' means equipment (other than equipment 
                primarily used in the transportation of goods or 
                individuals and not for the production of electricity) 
                which uses batteries, compressed air, pumped 
                hydropower, hydrogen storage, thermal energy storage, 
                regenerative fuel cells, flywheels, capacitors, 
                superconducting magnets, or other technologies 
                identified by the Secretary, after consultation with 
                the Secretary of Energy, to store energy for conversion 
                to electricity (or, in the case of hydrogen storage, to 
                store energy), and has a capacity of not less than 5 
                kilowatt hours.
                    ``(B) Modifications of certain property.--In the 
                case of any equipment which either--
                            ``(i) would be described in subparagraph 
                        (A) except that such equipment has a capacity 
                        of less than 5 kilowatt hours is modified such 
                        that such equipment (after such modification) 
                        has a capacity of not less than 5 kilowatt 
                        hours, or
                            ``(ii) is described in subparagraph (A) and 
                        which has a capacity of not less than 5 
                        kilowatt hours and is modified such that such 
                        equipment (after such modification) has an 
                        increased capacity,
                such equipment shall be treated as described in 
                subparagraph (A) except that the basis of any property 
                which was part of such equipment before such 
                modification shall not be taken into account for 
                purposes of this section. In the case of any property 
                to which this subparagraph applies, subparagraph (C) 
                shall be applied by substituting `modification' for 
                `construction'.
                    ``(C) Termination.--The term `energy storage 
                technology' shall not include any property the 
                construction of which does not begin before January 1, 
                2034.
            ``(7) Qualified biogas property.--
                    ``(A) In general.--The term `qualified biogas 
                property' means property comprising a system which--
                            ``(i) converts biomass (as defined in 
                        section 45K(c)(3), as in effect on the date of 
                        enactment of this paragraph) into a gas which--
                                    ``(I) consists of not less than 52 
                                percent methane, or
                                    ``(II) is concentrated by such 
                                system into a gas which consists of not 
                                less than 52 percent methane, and
                            ``(ii) captures such gas for productive 
                        use.
                    ``(B) Inclusion of cleaning and conditioning 
                property.--The term `qualified biogas property' 
                includes any property which is part of such system 
                which cleans or conditions such gas.
                    ``(C) Termination.--The term `qualified biogas 
                property' shall not include any property the 
                construction of which does not begin before January 1, 
                2034.
            ``(8) Microgrid controller.--
                    ``(A) In general.--The term `microgrid controller' 
                means equipment which is--
                            ``(i) part of a qualified microgrid, and
                            ``(ii) designed and used to monitor and 
                        control the energy resources and loads on such 
                        microgrid to maintain acceptable frequency, 
                        voltage, or economic dispatch.
                    ``(B) Qualified microgrid.--The term `qualified 
                microgrid' means an electrical system which--
                            ``(i) includes equipment which is capable 
                        of generating not less than 4 kilowatts and not 
                        greater than 20 megawatts of electricity,
                            ``(ii) is capable of operating--
                                    ``(I) in connection with the 
                                electrical grid and as a single 
                                controllable entity with respect to 
                                such grid, and
                                    ``(II) independently (and 
                                disconnected) from such grid, and
                            ``(iii) is not part of a bulk-power system 
                        (as defined in section 215 of the Federal Power 
                        Act (16 U.S.C. 24o)).
                    ``(C) Termination.--The term `microgrid controller' 
                shall not include any property the construction of 
                which does not begin before January 1, 2034.''.
            (5) Denial of double benefit for qualified biogas 
        property.--Section 45(e) is amended by adding at the end the 
        following new paragraph:
            ``(12) Coordination with energy credit for qualified biogas 
        property.--The term `qualified facility' shall not include any 
        facility which produces electricity from gas produced by 
        qualified biogas property (as defined in section 48(c)(7)) if a 
        credit is determined under section 48 with respect to such 
        property for the taxable year or any prior taxable year.''.
            (6) Extension of waste energy recovery property.--Section 
        48(c)(5)(D) is amended by striking ``January 1, 2024'' and 
        inserting ``January 1, 2034''.
    (e) Fuel Cells Using Electromechanical Processes.--
            (1) In general.--Section 48(c)(1) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by inserting ``or electromechanical'' 
                        after ``electrochemical'', and
                            (ii) by inserting ``(1 kilowatts in the 
                        case of a fuel cell power plant with a linear 
                        generator assembly)'' after ``0.5 kilowatt'', 
                        and
                    (B) in subparagraph (C)--
                            (i) by inserting ``, or linear generator 
                        assembly,'' after ``a fuel cell stack 
                        assembly'', and
                            (ii) by inserting ``or electromechanical'' 
                        after ``electrochemical''.
            (2) Linear generator assembly limitation.--Section 48(c)(1) 
        is amended by redesignating subparagraph (D) as subparagraph 
        (E) and by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) Linear generator assembly.--The term `linear 
                generator assembly' does not include any assembly which 
                contains rotating parts.''.
    (f) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by inserting 
``, or electrochromic glass which uses electricity to change its light 
transmittance properties in order to heat or cool a structure,'' after 
``sunlight''.
    (g) Coordination With Low Income Housing Tax Credit.--Paragraph (3) 
of section 50(c) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of subparagraph (A),
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``, and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(C) paragraph (1) shall not apply for purposes of 
                determining eligible basis under section 42.''.
    (h) Wage and Apprenticeship Requirements.--Section 48(a) is amended 
by adding at the end the following new paragraphs:
            ``(8) Base credit amount and increased credit amount for 
        energy projects.--
                    ``(A) In general.--
                            ``(i) Rule.--In the case of any energy 
                        project which does not satisfy the requirements 
                        of subparagraph (B), the amount of the credit 
                        determined under this subsection (determined 
                        after the application of paragraphs (1) through 
                        (7)) shall be 20 percent of such amount 
                        (determined without regard to this sentence).
                            ``(ii) Energy project defined.--For 
                        purposes of this subsection the term `energy 
                        project' means a project consisting of multiple 
                        energy properties that are part of a single 
                        project. The requirements of this paragraph 
                        shall be applied to such project.
                    ``(B) Increased credit for energy projects meeting 
                project requirements.--
                            ``(i) In general.--In the case of any 
                        energy project which meets the project 
                        requirements of this subparagraph, subparagraph 
                        (A) shall not apply.
                            ``(ii) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project with a maximum net 
                                output of less than 1 megawatt.
                                    ``(II) A project which commences 
                                construction prior to the date of the 
                                enactment of this paragraph.
                                    ``(III) A project which satisfies 
                                the requirements of paragraphs (9) and 
                                (10).
            ``(9) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any energy project 
                are that the taxpayer shall ensure that any laborers 
                and mechanics employed by contractors and 
                subcontractors in--
                            ``(i) the construction of such energy 
                        project , and
                            ``(ii) for any year during the period 
                        beginning on the date any energy property of 
                        such project is originally placed in service, 
                        the alteration or repair of such property,
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--A taxpayer shall not be 
                treated as failing to satisfy the requirements of this 
                paragraph if such taxpayer meets requirements similar 
                to the requirements of section 45(b)(8)(B).
            ``(10) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to the construction 
        of any applicable facility are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any applicable facility prior to 
                        such facility being placed into service shall, 
                        subject to subparagraph (B), ensure that not 
                        less than the applicable percentage of the 
                        total labor hours of such work be performed by 
                        qualified apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(11) Domestic content bonus credit amount.--
                    ``(A) In general.--In the case of any energy 
                project which satisfies the requirements under 
                subparagraph (B), the energy percentage in subsection 
                (a)(2) shall be increased by the applicable rate in 
                subparagraph (C).
                    ``(B) Requirements.--
                            ``(i) In general.--The requirement 
                        described in this subclause with respect to any 
                        energy project is satisfied if the taxpayer 
                        certifies to the Secretary (at such time, and 
                        in such form and manner, as the Secretary may 
                        prescribe) that the facility is composed of 
                        steel, iron, or manufactured products which 
                        were produced in the United States.
                            ``(ii) Steel and iron.--In the case of 
                        steel or iron, clause (i) shall be applied in a 
                        manner consistent with section 661.5(b) of 
                        title 49, Code of Federal Regulations.
                            ``(iii) Manufactured product.--For purposes 
                        of clause (i), a manufactured product shall be 
                        deemed to have been manufactured in the United 
                        States if not less than 55 percent of the total 
                        cost of the components of such product is 
                        attributable to components which are mined, 
                        produced, or manufactured in the United States.
                    ``(C) Applicable rate increase.--For purposes of 
                subparagraph (A), the applicable credit rate increase 
                shall be an amount equal to--
                            ``(i) in the case of energy project that 
                        does not meet the requirements of subclause (I) 
                        or (III) of paragraph (8)(B)(ii), 2 percentage 
                        points, and
                            ``(ii) in the case of energy property that 
                        meets the requirements of subclause (I) or 
                        (III) of paragraph (8)(B)(ii), 10 percentage 
                        points.
                    ``(D) International agreements.--This paragraph 
                shall be applied in a manner which is consistent with 
                the obligations of the United States under 
                international agreements.
            ``(12) Penalty for direct pay.--
                    ``(A) In general.--In the case of a taxpayer making 
                an election under section 6417 with respect to a credit 
                under this section, the amount of such credit shall be 
                replaced with--
                            ``(i) the value of such credit (determined 
                        without regard to this paragraph), multiplied 
                        by
                            ``(ii) the applicable percentage.
                    ``(B) 100 percent applicable percentage for certain 
                energy projects.--In the case of any energy project--
                            ``(i) which satisfies the requirements 
                        under paragraph (11) with respect to the 
                        construction of such project, or
                            ``(ii) with a maximum net output of less 
                        than 1 megawatt
                the applicable percentage shall be 100 percent.
                    ``(C) Phased domestic content requirement.--Subject 
                to subparagraph (D), in the case of any energy project 
                which is not described in subparagraph (B), the 
                applicable percentage shall be--
                            ``(i) if construction of such project began 
                        before January 1, 2024, 100 percent,
                            ``(ii) if construction of such project 
                        began in calendar year 2024, 90 percent,
                            ``(iii) if construction of such project 
                        began in calendar year 2025, 85 percent, and
                            ``(iv) if construction of such project 
                        began after December 31, 2025, 0 percent.
                    ``(D) Exceptions.--In order to facilitate the use 
                of amounts made available in this section, increase the 
                tax incentives for investment in clean energy, and grow 
                the domestic supply chains, the Secretary shall provide 
                appropriate exceptions to the domestic content 
                requirements for products under subparagraph (C) for 
                the construction of qualified facilities if either the 
                inclusion of domestic products increases the overall 
                costs of projects by more than 25 percent or relevant 
                manufactured products are not produced in the United 
                States in sufficient and reasonably available 
                quantities or of a satisfactory quality.
            ``(13) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.''.
    (i) Effective Dates.--
            (1) The amendments made by subsections (a), (b), (c), (e), 
        (f), (g), and (h) of this section shall apply to property 
        placed in service after December 31, 2021.
            (2) The amendment made by subsection (d) shall apply to 
        periods after December 31, 2021, under rules similar to the 
        rules of section 48(m) of the Internal Revenue Code of 1986 (as 
        in effect on the day before the date of the enactment of the 
        Revenue Reconciliation Act of 1990).

SEC. 136103. INCREASE IN ENERGY CREDIT FOR SOLAR FACILITIES PLACED IN 
              SERVICE IN CONNECTION WITH LOW-INCOME COMMUNITIES.

    (a) In General.--Section 48 is amended by adding at the end the 
following new subsection:
    ``(e) Special Rules for Certain Solar Facilities Placed in Service 
in Connection With Low-income Communities.--
            ``(1) In general.--In the case of any qualified solar 
        facility with respect to which the Secretary, after 
        consultation with the Secretary of Energy and the Administrator 
        of the Environmental Protection Agency, makes an allocation of 
        environmental justice solar capacity limitation under paragraph 
        (4)--
                    ``(A) equipment described in paragraph (3)(B) shall 
                be treated for purposes of this section as energy 
                property described in subsection (a)(2)(A)(i),
                    ``(B) the energy percentage otherwise determined 
                under subsection (a)(2) with respect to any eligible 
                property which is part of such facility shall be 
                increased by--
                            ``(i) in the case of a facility described 
                        in subclause (I) of paragraph (2)(A)(iii) and 
                        not described in subclause (II) of such 
                        paragraph, 10 percentage points, and
                            ``(ii) in the case of a facility described 
                        in subclause (II) of paragraph (2)(A)(iii), 20 
                        percentage points, and
                    ``(C) the increase in the credit determined under 
                subsection (a) by reason of this subsection for any 
                taxable year with respect to all property which is part 
                of such facility shall not exceed the amount which 
                bears the same ratio to the amount of such increase 
                (determined without regard to this subparagraph) as--
                            ``(i) the environmental justice solar 
                        capacity limitation allocated to such facility, 
                        bears to
                            ``(ii) the total megawatt nameplate 
                        capacity of such facility, as measured in 
                        direct current.
            ``(2) Qualified solar facility.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `qualified solar 
                facility' means any facility--
                            ``(i) which generates electricity solely 
                        from property described in subsection 
                        (a)(3)(A)(i),
                            ``(ii) which has a nameplate capacity of 5 
                        megawatts or less, and
                            ``(iii) which--
                                    ``(I) is located in a low-income 
                                community (as defined in section 
                                45D(e)), or
                                    ``(II) is part of a qualified low-
                                income residential building project or 
                                a qualified low-income economic benefit 
                                project.
                    ``(B) Qualified low-income residential building 
                project.--A facility shall be treated as part of a 
                qualified low-income residential building project if--
                            ``(i) such facility is installed on a 
                        residential rental building which participates 
                        in a covered housing program (as defined in 
                        section 41411(a) of the Violence Against Women 
                        Act of 1994 (34 U.S.C. 12491(a)(3)), a Housing 
                        Development Fund Corporation cooperative under 
                        Article XI of the New York State Private 
                        Housing Finance Law, a housing assistance 
                        program administered by the Department of 
                        Agriculture under title V of the Housing Act of 
                        1949, or such other affordable housing programs 
                        as the Secretary may provide, and
                            ``(ii) the financial benefits of the 
                        electricity produced by such facility are 
                        allocated equitably among the occupants of the 
                        dwelling units of such building.
                    ``(C) Qualified low-income economic benefit 
                project.--A facility shall be treated as part of a 
                qualified low-income economic benefit project if at 
                least 50 percent of the financial benefits of the 
                electricity produced by such facility are provided to 
                households with income of--
                            ``(i) less than 200 percent of the poverty 
                        line applicable to a family of the size 
                        involved, or
                            ``(ii) less than 80 percent of area median 
                        gross income (as determined under section 
                        142(d)(2)(B)).
                    ``(D) Financial benefit.--For purposes of 
                subparagraphs (B) and (C), electricity acquired at a 
                below-market rate shall not fail to be taken into 
                account as a financial benefit.
            ``(3) Eligible property.--
                    ``(A) In general.--For purposes of this section, 
                the term `eligible property' means--
                            ``(i) energy property which is described in 
                        subsection (a)(3)(A)(i), including energy 
                        storage property (described in subsection 
                        (a)(3)(A)(viii)) installed in connection with 
                        such energy property, and
                            ``(ii) the amount of any expenditures which 
                        are paid or incurred by the taxpayer for 
                        qualified interconnection property installed in 
                        connection with the installation of property 
                        described in subparagraph (A) to provide for 
                        the transmission or distribution of the 
                        electricity produced or stored by such 
                        property, and which are properly chargeable to 
                        the capital account of the taxpayer.
                    ``(B) Definitions.--For purposes of subparagraph 
                (A)--
                            ``(i) Qualified interconnection property.--
                        The term `qualified interconnection property' 
                        means, with respect to a qualified facility 
                        which is not a microgrid, any tangible 
                        property--
                                    ``(I) which is part of an addition, 
                                modification, or upgrade to a 
                                transmission or distribution system 
                                which is required at or beyond the 
                                point at which the qualified facility 
                                interconnects to such transmission or 
                                distribution system in order to 
                                accommodate such interconnection,
                                    ``(II) either--
                                            ``(aa) which is 
                                        constructed, reconstructed, or 
                                        erected by the taxpayer, or
                                            ``(bb) for which the cost 
                                        with respect to the 
                                        construction, reconstruction, 
                                        or erection of such property is 
                                        paid or incurred by such 
                                        taxpayer, and
                                    ``(III) the original use of which, 
                                pursuant to an interconnection 
                                agreement, commences with the utility.
                            ``(ii) Interconnection agreement.--The term 
                        `interconnection agreement' means an agreement 
                        with a utility for the purposes of 
                        interconnecting the qualified facility owned by 
                        such taxpayer to the transmission or 
                        distribution system of such utility.
                            ``(iii) Utility.--The term `utility' means 
                        the owner or operator of an electrical 
                        transmission or distribution system which is 
                        subject to the regulatory authority of--
                                    ``(I) the Federal Energy Regulatory 
                                Commission, or
                                    ``(II) a State or political 
                                subdivision thereof, any agency or 
                                instrumentality of the United States, a 
                                public service or public utility 
                                commission or other similar body of any 
                                State or political subdivision thereof, 
                                or the governing or ratemaking body of 
                                an electric cooperative.
                    ``(C) Special rule for interconnection property.--
                In the case of expenses paid or incurred for 
                interconnection property, amounts otherwise chargeable 
                to capital account with respect to such expenses shall 
                be reduced under rules similar to the rules of section 
                50(c).
            ``(4) Allocations.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall establish a program to allocate amounts of 
                environmental justice solar capacity limitation to 
                qualified solar facilities.
                    ``(B) Limitation.--The amount of environmental 
                justice solar capacity limitation allocated by the 
                Secretary under subparagraph (A) during any calendar 
                year shall not exceed the annual capacity limitation 
                with respect to such year.
                    ``(C) Annual capacity limitation.--For purposes of 
                this paragraph, the term `annual capacity limitation' 
                means 1.8 gigawatts of direct current capacity for each 
                of calendar years 2022 through 2031, and zero 
                thereafter.
                    ``(D) Carryover of unused limitation.--If the 
                annual capacity limitation for any calendar year 
                exceeds the aggregate amount allocated for such year 
                under this paragraph, such limitation for the 
                succeeding calendar year shall be increased by the 
                amount of such excess. No amount may be carried under 
                the preceding sentence to any calendar year after 2033.
                    ``(E) Placed in service deadline.--
                            ``(i) In general.--Paragraph (1) shall not 
                        apply with respect to any property which is 
                        placed in service after the date that is 4 
                        years after the date of the allocation with 
                        respect to the facility of which such property 
                        is a part.
                            ``(ii) Application of carryover.--Any 
                        amount of environmental justice solar capacity 
                        limitation which expires under clause (i) 
                        during any calendar year shall be taken into 
                        account as an excess described in subparagraph 
                        (D) (or as an increase in such excess) for such 
                        calendar year, subject to the limitation 
                        imposed by the last sentence of such 
                        subparagraph.
                    ``(F) Selection criteria.--In determining to which 
                qualified solar facilities to allocate environmental 
                justice solar capacity limitation under this paragraph, 
                the Secretary shall take into consideration which 
                facilities will result in--
                            ``(i) the greatest health and economic 
                        benefits, including the ability to withstand 
                        extreme weather events, for individuals 
                        described in section 45D(e)(2),
                            ``(ii) the greatest employment and wages 
                        for such individuals, and
                            ``(iii) the greatest engagement with, 
                        outreach to, or ownership by, such individuals, 
                        including through partnerships with local 
                        governments and community-based organizations.
                    ``(G) Disclosure of allocations.--The Secretary 
                shall, upon making an allocation of environmental 
                justice solar capacity limitation under this paragraph, 
                publicly disclose the identity of the applicant, the 
                amount of the environmental justice solar capacity 
                limitation allocated to such applicant, and the 
                location of the facility for which such allocation is 
                made.
            ``(5) Recapture.--The Secretary shall, by regulations or 
        other guidance, provide for recapturing the benefit of any 
        increase in the credit allowed under subsection (a) by reason 
        of this subsection with respect to any property which ceases to 
        be property eligible for such increase (but which does not 
        cease to be investment credit property within the meaning of 
        section 50(a)). The period and percentage of such recapture 
        shall be determined under rules similar to the rules of section 
        50(a). To the extent provided by the Secretary, such recapture 
        may not apply with respect to any property if, within 12 months 
        after the date the taxpayer becomes aware (or reasonably should 
        have become aware) of such property ceasing to be property 
        eligible for such increase, the eligibility of such property 
        for such increase is restored. The preceding sentence shall not 
        apply more than once with respect to any facility.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2021, under rules similar to the 
rules of section 48(m) of the Internal Revenue Code of 1986 (as in 
effect on the day before the date of the enactment of the Revenue 
Reconciliation Act of 1990).

SEC. 136104. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND ELECTRICITY 
              PRODUCED FROM CERTAIN RENEWABLE RESOURCES, ETC.

    (a) In General.--Subchapter B of chapter 65 is amended by inserting 
after section 6416 the following new section:

``SEC. 6417. ELECTIVE PAYMENT OF APPLICABLE CREDITS.

    ``(a) In General.--In the case of a taxpayer making an election (at 
such time and in such manner as the Secretary may provide) under this 
section with respect to any applicable credit determined with respect 
to such taxpayer, such taxpayer shall be treated as making a payment 
against the tax imposed by subtitle A (for the taxable year with 
respect to which such credit was determined) equal to the amount of 
such credit.
    ``(b) Applicable Credit.--The term `applicable credit' means each 
of the following:
            ``(1) The renewable electricity production credit 
        determined under section 45.
            ``(2) The energy credit determined under section 48.
            ``(3) The credit for carbon oxide sequestration determined 
        under section 45Q.
            ``(4) The credit for alternative fuel vehicle refueling 
        property allowed under section 30C.
            ``(5) The qualifying advanced energy project credit 
        determined under section 48C.
    ``(c) Special Rules.--For purposes of this section--
            ``(1) Application to tax-exempt and governmental 
        entities.--In the case of any organization exempt from the tax 
        imposed by subtitle A, any State or local government (or 
        political subdivision thereof), or any Indian tribal government 
        (within the meaning of section 139E), which makes the election 
        described in subsection (a), any applicable credit shall be 
        determined--
                    ``(A) without regard to paragraphs (3) and 
                (4)(A)(i) of section 50(b), and
                    ``(B) by treating any property with respect to 
                which such credit is determined as used in a trade or 
                business of the taxpayer.
            ``(2) Application to partnerships and s corporations.--
                    ``(A) In general.--In the case of any applicable 
                credit determined with respect to any qualified 
                resources, qualified facility, or energy property held 
                directly by a partnership or S corporation, if such 
                partnership or S corporation makes an election under 
                this subsection (in such manner as the Secretary may 
                provide) with respect to such credit--
                            ``(i) the Secretary shall make a payment to 
                        such partnership or S corporation equal to the 
                        amount of such credit,
                            ``(ii) subsection (d) shall be applied with 
                        respect to such credit before determining any 
                        partner's distributive share, or shareholder's 
                        pro rata share, of such credit,
                            ``(iii) any amount with respect to which 
                        the election in subsection (a) is made shall be 
                        treated as tax exempt income for purposes of 
                        sections 705 and 1366, and
                            ``(iv) a partner's distributive share of 
                        such tax exempt income shall be based on such 
                        partner's distributive share of the otherwise 
                        applicable credit for each taxable year.
                    ``(B) Coordination with application at partner or 
                shareholder level.--In the case of any partnership or S 
                corporation, subsection (a) shall be applied at the 
                partner or shareholder level after application of 
                paragraph (2)(A)(ii).
            ``(3) Irrevocable election.--Any election under this 
        subsection shall be made not later than the due date (including 
        extensions of time) for the return of tax for the taxable year 
        for which the applicable credit is determined, but in no event 
        earlier than 180 days after the date of the enactment of this 
        section. Any such election, once made, shall be irrevocable.
            ``(4) Timing.--The payment described in subsection (a) 
        shall be treated as made on--
                    ``(A) in the case of any government, or political 
                subdivision, described in paragraph (1) and for which 
                no return is required under section 6011 or 6033(a), 
                the later of the date that a return would be due under 
                section 6033(a) if such government or subdivision were 
                described in that section or the date on which such 
                government or subdivision submits a claim for credit or 
                refund (at such time and in such manner as the 
                Secretary shall provide), and
                    ``(B) in any other case, the later of the due date 
                of the return of tax for the taxable year or the date 
                on which such return is filed.
            ``(5) Treatment of payments to partnerships and s 
        corporations.--For purposes of section 1324 of title 31, United 
        States Code, the payments under subparagraph (A)(ii) of 
        paragraph (2) shall be treated in the same manner as a refund 
        due from a credit provision referred to in subparagraph (B) of 
        such paragraph.
            ``(6) Additional information.--As a condition of, and prior 
        to, a payment under this section, the Secretary may require 
        such information or registration as the Secretary deems 
        necessary or appropriate for purposes of preventing 
        duplication, fraud, improper payments, or excessive payments 
        under this section.
            ``(7) Excessive payment.--
                    ``(A) In general.--In the case of a payment made to 
                a taxpayer under this subsection or any amount treated 
                as a payment which is made by the taxpayer under 
                subsection (a) which the Secretary determines 
                constitutes an excessive payment, the tax imposed on 
                such taxpayer by chapter 1 for the taxable year in 
                which such determination is made shall be increased by 
                an amount equal to the sum of--
                            ``(i) the amount of such excessive payment, 
                        plus
                            ``(ii) an amount equal to 20 percent of 
                        such excessive payment.
                    ``(B) Reasonable cause.--Subparagraph (A)(ii) shall 
                not apply if the taxpayer demonstrates to the 
                satisfaction of the Secretary that the excessive 
                payment resulted from reasonable cause.
                    ``(C) Excessive payment defined.--For purposes of 
                this paragraph, the term `excessive payment' means, 
                with respect to a facility for which an election is 
                made under this section for any taxable year, an amount 
                equal to the excess of--
                            ``(i) the amount of the payment made to the 
                        taxpayer under this subsection with respect to 
                        such facility for such taxable year, over
                            ``(ii) the amount of the credit which, 
                        without application of this subsection, would 
                        be otherwise allowable under this section with 
                        respect to such facility for such taxable year.
    ``(d) Denial of Double Benefit.--In the case of a taxpayer making 
an election under this section with respect to an applicable credit, 
such credit shall be reduced to zero and such taxpayer shall be deemed 
to have taken such credit.
    ``(e) Mirror Code Possessions.--In the case of any possession of 
the United States with a mirror code tax system (as defined in section 
24(k)), this section shall not be treated as part of the income tax 
laws of the United States for purposes of determining the income tax 
law of such possession unless such possession elects to have this 
section be so treated.
    ``(f) Basis Reduction and Recapture.--Rules similar to the rules of 
subsections (a) and (c) of section 50 shall apply for purposes of this 
section.
    ``(g) Regulations.--The Secretary shall issue such regulations or 
other guidance as may be necessary or appropriate to carry out the 
purposes of this section, including--
            ``(1) regulations or other guidance providing rules for 
        determining a partner's distributive share of the tax exempt 
        income described in subsection (c)(2)(A)(iii), and
            ``(2) guidance to ensure that the amount of the payment or 
        deemed payment made under this section is commensurate with the 
        amount of the credit that would be otherwise allowable.''.
    (b) Clerical Amendment.--The table of sections for subchapter B of 
chapter 65 is amended by inserting after the item relating to section 
6416 the following new item:

``Sec. 6417. Elective payment of applicable credits.''.
    (c) In General.--The amendments made by this section shall apply to 
property placed in service after the December 31, 2021.

SEC. 136105. INVESTMENT CREDIT FOR ELECTRIC TRANSMISSION PROPERTY.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
is amended by inserting after section 48C the following new section:

``SEC. 48D. QUALIFYING ELECTRIC TRANSMISSION PROPERTY.

    ``(a) Allowance of Credit.--For purposes of section 46, the 
qualifying electric transmission property credit for any taxable year 
is an amount equal to 30 percent of the basis of qualifying electric 
transmission property placed in service by the taxpayer during such 
taxable year.
    ``(b) Qualifying Electric Transmission Property.--For purposes of 
this section--
            ``(1) In general.--The term `qualifying electric 
        transmission property' means tangible property--
                    ``(A) which is a qualifying electric transmission 
                line or related transmission property,
                    ``(B)(i) the construction, reconstruction, or 
                erection of which is completed by the taxpayer, or
                    ``(ii) which is acquired by the taxpayer if the 
                original use of such property commences with the 
                taxpayer, and
                    ``(C) with respect to which depreciation (or 
                amortization in lieu of depreciation) is allowable.
            ``(2) Qualifying electric transmission line.--The term 
        `qualifying electric transmission line' means an electric 
        transmission line which--
                    ``(A) is capable of transmitting electricity at a 
                voltage of not less than 275 kilovolts, and
                    ``(B) has a transmission capacity of not less than 
                500 megawatts.
            ``(3) Related transmission property.--
                    ``(A) In general.--The term `related transmission 
                property' means, with respect to any electric 
                transmission line, any property which--
                            ``(i) is listed as `transmission plant' in 
                        the Uniform System of Accounts for the Federal 
                        Energy Regulatory Commission under part 101 of 
                        subchapter C of chapter I of title 18, Code of 
                        Federal Regulations, and
                            ``(ii) is necessary for the operation of 
                        such electric transmission line.
                    ``(B) Credit not allowed separately with respect to 
                related property.--No credit shall be allowed to any 
                taxpayer under this section with respect to any related 
                transmission property unless such taxpayer is allowed a 
                credit under this section with respect to the 
                qualifying electric transmission line to which such 
                related transmission property relates.
    ``(c) Application to Replacement and Upgraded Systems.--
            ``(1) In general.--In the case of any qualifying electric 
        transmission line (determined without regard to this 
        subsection) which replaces any existing electric transmission 
        line--
                    ``(A) the 500 megawatts referred to in subsection 
                (b)(2)(B) shall be increased by the transmission 
                capacity of such existing electric transmission line, 
                and
                    ``(B) in no event shall the basis of such existing 
                electric transmission line (or related transmission 
                property with respect to such existing electric 
                transmission line) be taken into account in determining 
                the credit allowed under this section.
            ``(2) Upgrades treated as replacements.--For purposes of 
        this subsection, any upgrade of an existing electric 
        transmission line shall be treated as a replacement of such 
        line.
    ``(d) Exception for Certain Property and Projects Already in 
Process.--No credit shall be allowed under this section with respect 
to--
            ``(1) any property if a State or political subdivision 
        thereof, any agency or instrumentality of the United States, a 
        public service or public utility commission or other similar 
        body of any State or political subdivision thereof, or the 
        governing or ratemaking body of an electric cooperative has, 
        before the date of the enactment of this section, selected for 
        cost allocation such property for cost recovery, or
            ``(2) any property if--
                    ``(A) construction of such property begins before 
                January 1, 2022, or
                    ``(B) construction of any portion of the qualifying 
                electric transmission line to which such property 
                relates begins before such date.
    ``(e) Certain Qualified Progress Expenditures Rules Made 
Applicable.--Rules similar to the rules of subsections (c)(4) and (d) 
of section 46 (as in effect on the day before the enactment of the 
Revenue Reconciliation Act of 1990) shall apply for purposes of this 
section.
    ``(f) Credit Adjustments; Wage and Apprenticeship Requirements.--
            ``(1) Base credit amount and increased credit amount for 
        applicable facilities.--
                    ``(A) In general.--
                            ``(i) Rule.--In the case of any applicable 
                        facility which does not satisfy the 
                        requirements of subparagraph (B), the amount of 
                        the credit determined under this subsection 
                        shall be 20 percent of such amount (determined 
                        without regard to this sentence).
                            ``(ii) Applicable facility defined.--For 
                        purposes of this subsection, the term 
                        `applicable facility' means a qualifying 
                        electric transmission line and related 
                        transmission property to which such qualifying 
                        electric transmission line relates.
                    ``(B) Increased credit for applicable facility 
                meeting project requirements.--
                            ``(i) In general.--In the case of any 
                        applicable facility which meets the project 
                        requirements of this subparagraph, subparagraph 
                        (A) shall not apply.
                            ``(ii) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project with a maximum net 
                                output of less than 1 megawatt.
                                    ``(II) A project which commences 
                                construction prior to the date of the 
                                enactment of this paragraph.
                                    ``(III) A project which satisfies 
                                the requirements of paragraphs (2) and 
                                (3).
            ``(2) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any applicable 
                facility are that the taxpayer shall ensure that any 
                laborers and mechanics employed by contractors and 
                subcontractors in--
                            ``(i) the construction of such facility, 
                        and
                            ``(ii) for any year during the 5-year 
                        period beginning on the date the facility or 
                        property is originally placed in service, the 
                        alteration or repair of such facility or 
                        property,
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--A taxpayer shall not be 
                treated as failing to satisfy the requirements of this 
                paragraph if such taxpayer meets requirements similar 
                to the requirements of section 45(b)(8)(B).
            ``(3) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to the construction 
        of any applicable facility are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any applicable facility prior to 
                        such facility being placed into service shall, 
                        subject to subparagraph (B), ensure that not 
                        less than the applicable percentage of the 
                        total labor hours of such work be performed by 
                        qualified apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(4) Domestic content bonus credit amount.--
                    ``(A) In general.--In the case of any applicable 
                facility which satisfies the requirements under 
                subparagraph (B), the credit determined under 
                subsection (a) shall be increased by the applicable 
                rate in subparagraph (C).
                    ``(B) Requirements.--
                            ``(i) In general.--The requirement 
                        described in this subclause with respect to any 
                        applicable facility is satisfied if the 
                        taxpayer certifies to the Secretary (at such 
                        time, and in such form and manner, as the 
                        Secretary may prescribe) that the facility is 
                        composed of steel, iron, or manufactured 
                        products which were produced in the United 
                        States.
                            ``(ii) Steel and iron.--In the case of 
                        steel or iron, clause (i) shall be applied in a 
                        manner consistent with section 661.5(b) of 
                        title 49, Code of Federal Regulations.
                            ``(iii) Manufactured product.--For purposes 
                        of clause (i), a manufactured product shall be 
                        deemed to have been manufactured in the United 
                        States if not less than 55 percent of the total 
                        cost of the components of such product is 
                        attributable to components which are mined, 
                        produced, or manufactured in the United States.
                    ``(C) Applicable rate increase.--For purposes of 
                subparagraph (A), the applicable credit rate increase 
                shall be an amount equal to--
                            ``(i) in the case of applicable facility 
                        that does not meet the requirements of 
                        subclause (I) or (III) of paragraph (1)(B)(ii), 
                        2 percentage points, and
                            ``(ii) in the case of applicable facility 
                        that meets the requirements of subclause (I) or 
                        (III) of paragraph (1)(B)(ii), 10 percentage 
                        points.
                    ``(D) International agreements.--This paragraph 
                shall be applied in a manner which is consistent with 
                the obligations of the United States under 
                international agreements.
            ``(5) Penalty for direct pay.--
                    ``(A) In general.--In the case of a taxpayer making 
                an election under section 6417 with respect to a credit 
                under this section, the amount of such credit shall be 
                replaced with--
                            ``(i) the value of such credit (determined 
                        without regard to this paragraph), multiplied 
                        by
                            ``(ii) the applicable percentage.
                    ``(B) 100 percent applicable percentage for certain 
                applicable facility.--In the case of any applicable 
                facility--
                            ``(i) which satisfies the requirements 
                        under paragraph (11) with respect to the 
                        construction of such property, or
                            ``(ii) with a maximum net output of less 
                        than 1 megawatt,
                the applicable percentage shall be 100 percent.
                    ``(C) Phased domestic content requirement.--Subject 
                to subparagraph (D), in the case of any qualified 
                facility which is not described in subparagraph (B), 
                the applicable percentage shall be--
                            ``(i) if construction of such facility 
                        began before January 1, 2024, 100 percent,
                            ``(ii) if construction of such facility 
                        began in calendar year 2024, 90 percent,
                            ``(iii) if construction of such facility 
                        began in calendar year 2025, 85 percent, and
                            ``(iv) if construction of such facility 
                        began after December 31, 2025, 0 percent.
                    ``(D) Exceptions.--In order to facilitate the use 
                of amounts made available in this section, increase the 
                tax incentives for investment in clean energy, and grow 
                the domestic supply chains, the Secretary shall provide 
                appropriate exceptions to the domestic content 
                requirements for products under subparagraph (C) for 
                the construction of qualified facilities if either the 
                inclusion of domestic products increases the overall 
                costs of projects by more than 25 percent or relevant 
                manufactured products are not produced in the United 
                States in sufficient and reasonably available 
                quantities or of a satisfactory quality.
    ``(g) Termination.--This section shall not apply to any property 
unless--
            ``(1) such property is placed in service before January 1, 
        2032, and
            ``(2) the qualifying electric transmission line with 
        respect to which such property relates is placed in service 
        before such date.
    ``(h) Regulations and Guidance.--The Secretary, after consultation 
with the Chairman of the Federal Energy Regulatory Commission, shall 
issue such regulations or other guidance as the Secretary determines 
necessary or appropriate to carry out the purposes of this section.''.
    (b) Elective Payment of Credit.--Section 6417(b), as added by the 
preceding provisions of this Act, is amended by adding at the end the 
following new paragraph:
            ``(6) The qualifying electric transmission property credit 
        determined under section 48D.''.
    (c) Conforming Amendments.--
            (1) Section 46 is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5),
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``, and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) the qualifying electric transmission property 
        credit.''.
            (2) Section 49(a)(1)(C) is amended--
                    (A) by striking ``and'' at the end of clause (iv),
                    (B) by striking the period at the end of clause (v) 
                and inserting ``, and'', and
                    (C) by adding at the end the following new clause:
                            ``(vi) the basis of any qualifying electric 
                        transmission property under section 48D.''.
            (3) Section 50(a)(2)(E) is amended by striking ``or 
        48C(b)(2)'' and inserting ``48C(b)(2), or 48D''.
            (4) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 48C the following new item:

``Sec. 48D. Qualifying electric transmission property.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to property placed in service after December 31, 2021.
            (2) Exception for certain property and projects already in 
        process.--For exclusion of certain property and projects 
        already in process, see section 48D(d) of the Internal Revenue 
        Code of 1986 (as added by this section).

SEC. 136106. ZERO EMISSIONS FACILITY CREDIT.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
is amended by inserting after section 48C the following new section:

``SEC. 48E. ZERO EMISSIONS FACILITY CREDIT.

    ``(a) In General.--For purposes of section 46, the zero emissions 
facility credit for any taxable year is an amount equal to 30 percent 
of the qualified investment for such taxable year with respect to any 
zero emissions facility of the taxpayer.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the 
        qualified investment for any taxable year is the basis of 
        eligible property placed in service by the taxpayer during such 
        taxable year which is part of a zero emissions facility.
            ``(2) Certain qualified progress expenditures rules made 
        applicable.--Rules similar to the rules of subsections (c)(4) 
        and (d) of section 46 (as in effect on the day before the 
        enactment of the Revenue Reconciliation Act of 1990) shall 
        apply for purposes of this section.
            ``(3) Limitation.--The amount which is treated as the 
        qualified investment for all taxable years with respect to any 
        zero emissions facility shall not exceed the amount designated 
        by the Secretary as eligible for the credit under this section.
    ``(c) Zero Emissions Facility.--
            ``(1) In general.--For purposes of this section, the term 
        `zero emissions facility' means any facility--
                    ``(A) which generates electricity,
                    ``(B) which does not generate any greenhouse gases 
                (within the meaning of section 211(o)(1)(G) of the 
                Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect 
                on the date of the enactment of this section),
                    ``(C) which uses a technology or process which, in 
                the calendar year in which an amount of credit is 
                designated with respect to such facility, achieved a 
                market penetration level of less than 3 percent,
                    ``(D) no portion of which is--
                            ``(i) a qualified facility (as defined in 
                        section 45(d)),
                            ``(ii) an advanced nuclear power facility 
                        (as defined in section 45J(d)),
                            ``(iii) a qualified facility (as defined in 
                        section 45Q), or
                            ``(iv) energy property (as defined in 
                        section 48(a)(3)).
            ``(2) Market penetration level.--For purposes of this 
        subsection, the term `market penetration level' means, with 
        respect to any calendar year, the amount equal to the greater 
        of--
                    ``(A) the amount (expressed as a percentage) equal 
                to the quotient of--
                            ``(i) the sum of all electricity produced 
                        (expressed in terawatt hours) from the 
                        technology or method used for the production of 
                        electricity by all electricity generating 
                        facilities in the United States during such 
                        calendar year (as determined by the Secretary 
                        on the basis of data reported by the Energy 
                        Information Administration), divided by the 
                        total domestic power sector electricity 
                        production (expressed in terawatt hours) for 
                        such calendar year, or
                            ``(ii) the amount determined under this 
                        subparagraph for the preceding calendar year 
                        with respect to such technology or method.
    ``(d) Eligible Property.--For purposes of this section, the term 
`eligible property' means any property--
            ``(1) which is necessary for the generation of electricity,
            ``(2) which is--
                    ``(A) tangible personal property, or
                    ``(B) other tangible property (not including a 
                building or its structural components), but only if 
                such property is used as an integral part of the zero 
                emissions facility, and
            ``(3) with respect to which depreciation (or amortization 
        in lieu of depreciation) is allowable.
    ``(e) Allocations.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, after consultation 
        with the Secretary of Energy and the Administrator of the 
        Environmental Protection Agency, shall establish a program to 
        consider and award certification amounts of zero emissions 
        facility credit limitation to zero emissions facilities.
            ``(2) Annual limitation.--
                    ``(A) In general.--The amount of zero emissions 
                facility credit limitation that may be designated under 
                this subsection during any calendar year shall not 
                exceed the annual credit limitation with respect to 
                such year.
                    ``(B) Annual credit limitation.--For purposes of 
                this subsection, the term `annual credit limitation' 
                means $250,000,000 for each of calendar years 2022 
                through 2031, and zero thereafter.
                    ``(C) Carryover of unused limitation.--If the 
                annual credit limitation for any calendar year exceeds 
                the aggregate amount designated for such year under 
                this subsection, such limitation for the succeeding 
                calendar year shall be increased by the amount of such 
                excess. No amount may be carried under the preceding 
                sentence to any calendar year after 2031.
            ``(3) Placed in service deadline.--
                    ``(A) In general.--No credit shall be determined 
                under subsection (a) with respect to any zero emissions 
                facility which is placed in service after the date that 
                is 4 years after the date of the designation under this 
                subsection relating to such zero emissions facility.
                    ``(B) Application of carryover.--Any amount of 
                credit which expires under subparagraph (A) during any 
                calendar year shall be taken into account as an excess 
                described in paragraph (2)(C) (or as an increase in 
                such excess) for such calendar, subject to the 
                limitation imposed by the last sentence of such 
                paragraph.
            ``(4) Selection criteria.--In determining which zero 
        emissions facilities to certify under this section, the 
        Secretary, after consultation with the Secretary of Energy and 
        the Administrator of the Environmental Protection Agency, 
        shall--
                    ``(A) take into consideration which facilities--
                            ``(i) will result in the greatest reduction 
                        of greenhouse gas emissions,
                            ``(ii) have the greatest potential for 
                        technological innovation and commercial 
                        deployment, and
                            ``(iii) will result in the greatest 
                        reduction of local environmental effects that 
                        are harmful to human health, and
                    ``(B) require that applicants provide written 
                assurances to the Secretary that all laborers and 
                mechanics employed by contractors and subcontractors in 
                the performance of construction, alteration or repair 
                work on a zero emissions facility shall be paid wages 
                at rates not less than those prevailing on projects of 
                a similar character in the locality as determined by 
                the Secretary of Labor in accordance with subchapter IV 
                of chapter 31 of title 40, United States Code.
            ``(5) Disclosure of certifications.--The Secretary shall, 
        upon making a certification under this subsection, publicly 
        disclose the identity of the applicant, the amount of the 
        credit awarded with respect to such applicant, and the location 
        of the zero-emissions facility for which such credit is 
        awarded.
    ``(f) Credit Conditioned Upon Wage and Apprenticeship 
Requirements.--
            ``(1) In general.--No credit shall be allocated for a zero 
        emissions facility under this section unless the zero emissions 
        facility meets the prevailing wage requirements of paragraph 
        (2) and the apprenticeship requirements of paragraph (3).
            ``(2) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this paragraph with respect to a zero emissions 
                facility are that the taxpayer shall ensure that any 
                laborers and mechanics employed by contractors and 
                subcontractors in--
                            ``(i) the construction of such zero 
                        emissions facility, and
                            ``(ii) for any year during the 5-year 
                        period beginning on the date the facility is 
                        originally placed in service, the alteration or 
                        repair of such zero emissions facility,
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--
                            ``(i) In general.--In the case of any 
                        taxpayer which fails to satisfy the requirement 
                        under subparagraph (A) with respect to the 
                        construction of any qualified facility or with 
                        respect to the alteration or repair of a 
                        facility in any year during the period 
                        described in subparagraph (A)(ii), such 
                        taxpayer shall be deemed to have satisfied such 
                        requirement under such subparagraph with 
                        respect to such zero emissions facility for any 
                        year if, with respect to any laborer or 
                        mechanic who was paid wages at a rate below the 
                        rate described in such subparagraph for any 
                        period during such year, such taxpayer--
                                    ``(I) makes payment to such laborer 
                                or mechanic in an amount equal to the 
                                sum of--
                                            ``(aa) an amount equal to 
                                        the difference between the 
                                        amount of wages paid to such 
                                        laborer or mechanic during such 
                                        period, and--
                                            ``(bb) the amount of wages 
                                        required to be paid to such 
                                        laborer or mechanic pursuant to 
                                        such subparagraph during such 
                                        period, plus

                                                    ``(AA) interest on 
                                                the amount determined 
                                                under item (aa) at the 
                                                underpayment rate 
                                                established under 
                                                section 6621 for the 
                                                period described in 
                                                such item, and

                                    ``(II) makes payment to the 
                                Secretary of a penalty in an amount 
                                equal to the product of--
                                            ``(aa) $5,000, multiplied 
                                        by
                                            ``(bb) the total number of 
                                        laborers and mechanics who were 
                                        paid wages at a rate below the 
                                        rate described in subparagraph 
                                        (A) for any period during such 
                                        year.
                            ``(ii) Penalty assessed as tax.--The 
                        penalty described in clause (i)(II) shall be 
                        treated in the same manner as a penalty imposed 
                        under subchapter B of chapter 68.
            ``(3) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to a zero emissions 
        facility are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any facility prior to such 
                        facility being placed into service shall, 
                        subject to subparagraph (B), ensure that not 
                        less than the applicable percentage of the 
                        total labor hours of such work be performed by 
                        qualified apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                zero emissions facility the 
                                construction of which begins before 
                                January 1, 2023, 5 percent,
                                    ``(II) in the case of any 
                                applicable zero emissions facility the 
                                construction of which begins after 
                                December 31, 2022, and before January 
                                1, 2024, 10 percent, and
                                    ``(III) in the case of any 
                                applicable zero emissions facility the 
                                construction of which begins after 
                                December 31, 2023, 15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable zero emissions facility shall employ 1 or 
                more qualified apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor 
                        hours'--
                                    ``(I) means the total number of 
                                hours devoted to the performance of 
                                construction, alteration, or repair 
                                work by employees of the contractor or 
                                subcontractor prior to a facility being 
                                placed into service, and
                                    ``(II) excludes any hours worked 
                                by--
                                            ``(aa) foremen,
                                            ``(bb) superintendents,
                                            ``(cc) owners, or
                                            ``(dd) persons employed in 
                                        a bona fide executive, 
                                        administrative, or professional 
                                        capacity (within the meaning of 
                                        those terms in part 541 of 
                                        title 29, Code of Federal 
                                        Regulations).
                            ``(ii Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(4) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.
            ``(5) Penalty for direct pay.--
                    ``(A) In general.--In the case of a taxpayer making 
                an election under section 6417 with respect to a credit 
                under this section, the amount of such credit shall be 
                replaced with--
                            ``(i) the value of such credit (determined 
                        without regard to this paragraph), multiplied 
                        by
                            ``(ii) the applicable percentage.
                    ``(B) 100 percent applicable percentage for certain 
                qualified facilities.--In the case of any qualified 
                facility--
                            ``(i) which satisfies the requirements 
                        under paragraph (5) with respect to the 
                        construction of such facility, or
                            ``(ii) with a maximum net output of less 
                        than 1 megawatt,
                the applicable percentage shall be 100 percent.
                    ``(C) Phased domestic content requirement.--Subject 
                to subparagraph (D), in the case of any qualified 
                facility which is not described in subparagraph (B), 
                the applicable percentage shall be--
                            ``(i) if construction of such facility 
                        began before January 1, 2024, 100 percent,
                            ``(ii) if construction of such facility 
                        began in calendar year 2024, 90 percent,
                            ``(iii) if construction of such facility 
                        began in calendar year 2025, 85 percent, and
                            ``(iv) if construction of such facility 
                        began after December 31, 2025, 0 percent.
                    ``(D) Exception.--If the Secretary, after 
                consultation with the Secretary of Commerce and the 
                United States Trade Representative, determines that, 
                for purposes of application of the requirements under 
                paragraph (5) with respect to the construction of the 
                qualified facility--
                            ``(i) their application would be 
                        inconsistent with the public interest,
                            ``(ii) such materials and products are not 
                        produced in the United States in sufficient and 
                        reasonably available quantities and of a 
                        satisfactory quality, or
                            ``(iii) inclusion of domestic material will 
                        increase the cost of the construction of the 
                        qualified facility by more than 25 percent,
                the applicable percentage shall be 100 percent.''.
    (b) Elective Payment of Credit.--Section 6417(b), as added and 
amended by the preceding provisions of this Act, is amended by adding 
at the end the following new paragraph:
            ``(7) The zero emissions facility credit determined under 
        section 48E.''.
    (c) Conforming Amendments.--
            (1) Section 46 is amended by striking ``and'' at the end of 
        paragraph (6), by striking the period at the end of paragraph 
        (7) and inserting ``, and'', and by adding at the end the 
        following new paragraph:
            ``(8) the zero emissions facility credit.''.
            (2) Section 49(a)(1)(C) is amended by striking ``and'' at 
        the end of clause (v), by striking the period at the end of 
        clause (vi) and inserting a comma, and by adding at the end the 
        following new clause:
                            ``(vii) the basis of any eligible property 
                        which is part of a zero emissions facility 
                        under section 48D.''.
            (3) Section 50(a)(2)(E) is amended by striking `` or 48D'' 
        and inserting ``48D, or 48E(b)(2)''.
            (4) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 48D the following new item:

Sec. 48E. Zero emissions facility credit.
    (d) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2021, under rules similar to the 
rules of section 48(m) of the Internal Revenue Code of 1986 (as in 
effect on the day before the date of the enactment of the Revenue 
Reconciliation Act of 1990)

SEC. 136107. EXTENSION AND MODIFICATION OF CREDIT FOR CARBON OXIDE 
              SEQUESTRATION.

    (a) Extension.--Section 45Q(d)(1) is amended by striking ``January 
1, 2026'' and inserting ``January 1, 2032''.
    (b) Modification of Carbon Oxide Capture Requirements.--Section 
45Q(d)(2) is amended to read as follows:
            ``(2) which captures--
                    ``(A) in the case of a direct air capture facility, 
                not less than 1,000 metric tons of qualified carbon 
                oxide during the taxable year,
                    ``(B) in the case of an electricity generating 
                facility, not less than 18,750 metric tons of qualified 
                carbon oxide during the taxable year and not less than 
                75 percent of the carbon oxide that would otherwise be 
                released into the atmosphere by such facility during 
                such taxable year, and
                    ``(C) in the case of any other facility, not less 
                than 12,500 metric tons of qualified carbon oxide 
                during the taxable year and not less than 50 percent of 
                the carbon oxide that would otherwise be released into 
                the atmosphere by such facility during such taxable 
                year.''.
    (c) Determination of Applicable Dollar Amount.--
            (1) In general.--Section 45Q(b)(1) is amended by 
        redesignating subparagraph (B) as subparagraph (C) and by 
        inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Special rule for direct air capture 
                facilities.--For any taxable year beginning after 
                December 31, 2021, in the case of any qualified 
                facility described in subsection (d)(2)(C), the 
                applicable dollar amount shall be an amount equal to--
                            ``(i) for purposes of paragraph (3) of 
                        subsection (a), an amount equal to the product 
                        of $180 and the inflation adjustment factor for 
                        such calendar year determined under section 
                        43(b)(3)(B) for such calendar year, determined 
                        by substituting `2020' for `1990', and
                            ``(ii) for purposes of paragraph (4) of 
                        such subsection, an amount equal to the product 
                        of $130 and the inflation adjustment factor for 
                        such calendar year determined under section 
                        43(b)(3)(B) for such calendar year, determined 
                        by substituting `2020' for `1990'.''.
            (2) Conforming amendments.--
                    (A) Section 45Q(b)(1)(A) is amended by striking 
                ``The applicable dollar amount'' and inserting ``Except 
                as provided in subparagraph (B), the applicable dollar 
                amount''.
                    (B) Section 45Q(b)(1)(C), as redesignated by 
                subparagraph (A), is amended by striking ``subparagraph 
                (A)'' and inserting ``subparagraph (A) or (B)''.
    (d) Wage and Apprenticeship Requirements.--Section 45Q is amended 
by redesignating subsection (h) as subsection (i) and inserting after 
subsection (g) following new subsection:
    ``(h) Base Credit Amount and Increased Credit Amount for Qualified 
Facilities and Carbon Capture Equipment.--
            ``(1) In general.--In the case of any qualified facility 
        and any carbon capture equipment which does not satisfy the 
        requirements of paragraph (2), the amount of the credit 
        determined under subsection (a) shall be 20 percent of such 
        amount (determined without regard to this sentence).
            ``(2) Increased credit for certain facilities and carbon 
        capture equipment meeting project requirements.--
                    ``(A) In general.--In the case of any qualified 
                facility and any carbon capture equipment placed in 
                service at such facility which meets the project 
                requirements of this subparagraph, subparagraph (A) 
                shall not apply.
                    ``(B) Project requirements.--A project meets the 
                requirements of this subparagraph if it is one of the 
                following:
                            ``(i) A qualified facility with a maximum 
                        net output of less than 1 megawatt.
                            ``(ii) A qualified facility or any carbon 
                        capture equipment placed in service at such 
                        facility which commences construction prior to 
                        the date of the enactment of this paragraph.
                            ``(iii) A project which satisfies the 
                        requirements of paragraphs (3) and (4).
            ``(3) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any qualified 
                facility and any carbon capture equipment placed in 
                service at such facility are that the taxpayer shall 
                ensure that any laborers and mechanics employed by 
                contractors and subcontractors in--
                            ``(i) the construction of such facility and 
                        carbon capture equipment,
                            ``(ii) the alteration or repair of such 
                        facility and carbon capture equipment during 
                        the 12 year-period after being placed into 
                        service, or for carbon capture equipment placed 
                        in service prior to 2018, until the date 
                        determined by the Secretary under subsection 
                        (g),
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--
                            ``(i) In general.--In the case of any 
                        taxpayer which fails to satisfy the requirement 
                        under subparagraph (A) with respect to the 
                        construction of any qualified facility or with 
                        respect to the alteration or repair of a 
                        facility in any year during the period 
                        described in subparagraph (A)(ii), such 
                        taxpayer shall be deemed to have satisfied such 
                        requirement under such subparagraph with 
                        respect to such facility and carbon capture 
                        equipment for any year if, with respect to any 
                        laborer or mechanic who was paid wages at a 
                        rate below the rate described in such 
                        subparagraph for any period during such year, 
                        such taxpayer--
                                    ``(I) makes payment to such laborer 
                                or mechanic in an amount equal to the 
                                sum of an amount equal to the 
                                difference between the amount of wages 
                                paid to such laborer or mechanic during 
                                such period, and--
                                            ``(aa) the amount of wages 
                                        required to be paid to such 
                                        laborer or mechanic pursuant to 
                                        such subparagraph during such 
                                        period, plus
                                            ``(bb) interest on the 
                                        amount determined under item 
                                        (aa) at the underpayment rate 
                                        established under section 6621 
                                        for the period described in 
                                        such item, and
                                    ``(II) makes payment to the 
                                Secretary of a penalty in an amount 
                                equal to the product of--
                                            ``(aa) $5,000, multiplied 
                                        by
                                            ``(bb) the total number of 
                                        laborers and mechanics who were 
                                        paid wages at a rate below the 
                                        rate described in subparagraph 
                                        (A) for any period during such 
                                        year.
                            ``(ii) Penalty assessed as tax.--The 
                        penalty described in clause (i)(II) shall be 
                        treated in the same manner as a penalty imposed 
                        under subchapter B of chapter 68.
            ``(4) Apprenticeship requirements.--The requirements 
        described in this paragraph with respect to any qualified 
        facility and carbon capture equipment are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any facility and carbon capture 
                        equipment prior to such facility being placed 
                        into service shall, subject to subparagraph 
                        (B), ensure that not less than the applicable 
                        percentage of the total labor hours of such 
                        work be performed by qualified apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(5) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.''.
    (e) Increased Applicable Dollar Amount.--
            (1) In general.--Section 45Q(b)(1) is amended--
                    (A) by amending clause (i) of subparagraph (A) to 
                read as follows:
                            ``(i) for any taxable year beginning in a 
                        calendar year after 2016 and before 2027--
                                    ``(I) for purposes of paragraph (3) 
                                of subsection (a), $50 for each 
                                calendar year during such period, and
                                    ``(II) for purposes of paragraph 
                                (4) of such subsection, $35 for each 
                                calendar year during such period, 
                                and'',
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Inflation adjustment.--In the case of any 
                taxable year beginning in a calendar year after 2025, 
                each of the dollar amounts in subparagraph (A)(i) shall 
                be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2024' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                Any increase determined under the preceding sentence 
                shall be rounded to the nearest cent.''.
    (f) Effective Dates.--
            (1) Extension.--The amendment made by subsection (a) shall 
        apply to facilities the construction of which begins after 
        December 31, 2025.
            (2) Other amendments.--The amendments made by subsections 
        (b), (c), (d), and (e) shall apply to taxable years beginning 
        after December 31, 2021.

SEC. 136108. GREEN ENERGY PUBLICLY TRADED PARTNERSHIPS.

    (a) In General.--Section 7704(d)(1)(E) is amended--
            (1) by striking ``income and gains derived from the 
        exploration'' and inserting ``income and gains derived from--
                            ``(i) the exploration'',
            (2) by inserting ``or'' before ``industrial source'', and
            (3) by striking ``, or the transportation or storage'' and 
        all that follows and inserting the following:
                            ``(ii) the generation of electric power or 
                        thermal energy exclusively using any qualified 
                        energy resource (as defined in section 
                        45(c)(1)),
                            ``(iii) the operation of energy property 
                        (as defined in section 48(a)(3), determined 
                        without regard to any date by which the 
                        construction of the facility is required to 
                        begin),
                            ``(iv) in the case of a facility described 
                        in paragraph (3) or (7) of section 45(d) 
                        (determined without regard to any placed in 
                        service date or date by which construction of 
                        the facility is required to begin), the 
                        accepting or processing of open-loop biomass or 
                        municipal solid waste,
                            ``(v) the transportation or storage of any 
                        fuel described in subsection (b), (c), (d), or 
                        (e) of section 6426,
                            ``(vi) the conversion of renewable biomass 
                        (as defined in subparagraph (I) of section 
                        211(o)(1) of the Clean Air Act (as in effect on 
                        the date of the enactment of this clause)) into 
                        renewable fuel (as defined in subparagraph (J) 
                        of such section as so in effect), or the 
                        storage or transportation of such fuel,
                            ``(vii) the production, storage, or 
                        transportation of any fuel which--
                                    ``(I) uses as its primary feedstock 
                                carbon oxides captured from an 
                                anthropogenic source or the atmosphere,
                                    ``(II) does not use as its primary 
                                feedstock carbon oxide which is 
                                deliberately released from naturally 
                                occurring subsurface springs, and
                                    ``(III) is determined by the 
                                Secretary, after consultation with the 
                                Secretary of Energy and the 
                                Administrator of the Environmental 
                                Protection Agency, to achieve a 
                                reduction of not less than a 60 percent 
                                in lifecycle greenhouse gas emissions 
                                (as defined in section 211(o)(1)(H) of 
                                the Clean Air Act, as in effect on the 
                                date of the enactment of this clause) 
                                compared to baseline lifecycle 
                                greenhouse gas emissions (as defined in 
                                section 211(o)(1)(C) of such Act, as so 
                                in effect), or
                            ``(viii) a qualified facility (as defined 
                        in section 45Q(d), without regard to any date 
                        by which construction of the facility is 
                        required to begin).''.
    (b) Effective Date.--The amendments made by this section apply to 
taxable years beginning after December 31, 2021.

SEC. 136109. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45W. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.

    ``(a) Amount of Credit.--For purposes of section 38, the zero-
emission nuclear power production credit for any taxable year is an 
amount equal to the amount by which--
            ``(1) the product of--
                    ``(A) 1.5 cents, multiplied by
                    ``(B) the kilowatt hours of electricity--
                            ``(i) produced by the taxpayer at a 
                        qualified nuclear power facility, and
                            ``(ii) sold by the taxpayer to an unrelated 
                        person during the taxable year, exceeds
            ``(2) the reduction amount for such taxable year.
    ``(b) Definitions.--
            ``(1) Qualified nuclear power facility.--For purposes of 
        this section, the term `qualified nuclear power facility' means 
        any nuclear facility--
                    ``(A) which is owned by the taxpayer and which uses 
                nuclear energy to produce electricity,
                    ``(B) which has not received an allocation under 
                section 45J(b), and
                    ``(C) which is placed in service before the date of 
                the enactment of this section.
            ``(2) Reduction amount.--
                    ``(A) In general.--For purposes of this section, 
                the term `reduction amount' means, with respect to any 
                qualified nuclear power facility for any taxable year, 
                the amount equal to the lesser of--
                            ``(i) the amount determined under 
                        subsection (a)(1), or
                            ``(ii) the amount equal to 80 percent of 
                        the excess of--
                                    ``(I) subject to subparagraph (B), 
                                the gross receipts from any electricity 
                                produced by such facility (including 
                                any electricity services or products 
                                provided in conjunction with the 
                                electricity produced by such facility) 
                                and sold to an unrelated person during 
                                such taxable year, over
                                    ``(II) the amount equal to the 
                                product of--
                                            ``(aa) 2.5 cents, 
                                        multiplied by
                                            ``(bb) the amount 
                                        determined under subsection 
                                        (a)(1)(B).
                    ``(B) Treatment of certain receipts.--
                            ``(i) In general.--The amount determined 
                        under subparagraph (A)(ii)(I) shall include any 
                        amount received by the taxpayer during the 
                        taxable year with respect to the qualified 
                        nuclear power facility from a zero-emission 
                        credit program unless the amount received by 
                        the taxpayer is subject to reduction--
                                    ``(I) by the full amount of the 
                                credit determined under this section, 
                                or
                                    ``(II) by any lesser amount if such 
                                amount entirely offsets the amount 
                                received from a zero-emission credit 
                                program.
                            ``(ii) Zero-emission credit program.--For 
                        purposes of this subparagraph, the term `zero-
                        emission credit program' means any payments to 
                        a qualified nuclear power facility as a result 
                        of any Federal, State or local government 
                        program for, in whole or in part, the zero-
                        emission, zero-carbon, or air quality 
                        attributes of any portion of the electricity 
                        produced by such facility.
            ``(3) Electricity.--For purposes of this section, the term 
        `electricity' means the energy produced by a qualified nuclear 
        power facility from the conversion of nuclear fuel into 
        electric power.
    ``(c) Other Rules.--
            ``(1) Inflation adjustment.--The 1.5 cent amount in 
        subsection (a)(1)(A) and the 2.5 cent amount in subsection 
        (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying 
        such amount by the inflation adjustment factor (as determined 
        under section 45(e)(2), as applied by substituting `calendar 
        year 2022' for `calendar year 1992' in subparagraph (B) 
        thereof) for the calendar year in which the sale occurs. If any 
        amount as increased under the preceding sentence is not a 
        multiple of 0.1 cent, such amount shall be rounded to the 
        nearest multiple of 0.1 cent.
            ``(2) Special rules.--Rules similar to the rules of 
        paragraphs (1), (3), (4), and (5) of section 45(e) shall apply 
        for purposes of this section.
            ``(3) Denial of double benefit.--No credit shall be allowed 
        under section 48E for any power production for which a credit 
        is taken under this section.
    ``(d) Wage and Apprenticeship Requirements.--
            ``(1) Base credit amount and increased credit amount for 
        qualified nuclear power facilities.--
                    ``(A) In general.--In the case of any qualified 
                nuclear power facility which does not satisfy the 
                requirements of subparagraph (B), the amount of the 
                credit determined under subsection (a) and the 2.5 cent 
                amount in subsection (b)(2)(A)(ii)(II)(aa) shall be 20 
                percent of such amount (determined without regard to 
                this sentence).
                    ``(B) Increased credit for certain facilities 
                meeting project requirements.--
                            ``(i) In general.--In the case of any 
                        qualified nuclear power facility which meets 
                        the project requirements of this subparagraph, 
                        subparagraph (A) shall not apply.
                            ``(ii) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project with a maximum net 
                                output of less than 1 megawatt.
                                    ``(II) A project which satisfies 
                                the requirements of paragraphs (2) and 
                                (3).
            ``(2) Prevailing wage requirements.--
                    ``(A) In general.--The taxpayer shall ensure that 
                any laborers and mechanics employed by contractors and 
                subcontractors in the alteration or repair of a 
                facility shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--
                            ``(i) In general.--In the case of any 
                        taxpayer which fails to satisfy the requirement 
                        under subparagraph (A), such taxpayer shall be 
                        deemed to have satisfied such requirement under 
                        such subparagraph with respect to such facility 
                        for any year if, with respect to any laborer or 
                        mechanic who was paid wages at a rate below the 
                        rate described in such subparagraph for any 
                        period during such year, such taxpayer--
                                    ``(I) makes payment to such laborer 
                                or mechanic in an amount equal to the 
                                sum of--
                                            ``(aa) an amount equal to 
                                        the difference between the 
                                        amount of wages paid to such 
                                        laborer or mechanic during such 
                                        period, and--

                                                    ``(AA) the amount 
                                                of wages required to be 
                                                paid to such laborer or 
                                                mechanic pursuant to 
                                                such subparagraph 
                                                during such period, 
                                                plus

                                                    ``(BB) interest on 
                                                the amount determined 
                                                under item (aa) at the 
                                                underpayment rate 
                                                established under 
                                                section 6621 for the 
                                                period described in 
                                                such item, and

                                    ``(II) makes payment to the 
                                Secretary of a penalty in an amount 
                                equal to the product of--
                                            ``(aa) $5,000, multiplied 
                                        by
                                            ``(bb) the total number of 
                                        laborers and mechanics who were 
                                        paid wages at a rate below the 
                                        rate described in subparagraph 
                                        (A) for any period during such 
                                        year.
                            ``(ii) Penalty assessed as tax.--The 
                        penalty described in clause (i)(II) shall be 
                        treated in the same manner as a penalty imposed 
                        under subchapter B of chapter 68.
            ``(3) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to any qualified 
        nuclear power facility are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of alteration or repair work on any 
                        qualified nuclear power facility shall, subject 
                        to subparagraph (B), ensure that not less than 
                        the applicable percentage of the total labor 
                        hours of such work be performed by qualified 
                        apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(4) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.
    ``(e) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2026.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of the Internal Revenue Code of 1986 is 
        amended--
                    (A) in paragraph (36), by striking ``plus'' at the 
                end,
                    (B) in paragraph (37), by striking the period at 
                the end and inserting ``, plus'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(38) the zero-emission nuclear power production credit 
        determined under section 45W(a).''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 45W. Zero-emission nuclear power production credit.''.
    (c) Elective Payment of Credit.--Section 6417(b), as added by the 
preceding provisions of this Act, is amended by adding at the end the 
following new paragraph:
            ``(8) The zero-emission nuclear power production credit 
        determined under section 45W.''.
    (d) Effective Date.--This section shall apply to electricity 
produced and sold after December 31, 2021, in taxable years beginning 
after such date.

                        PART 2--RENEWABLE FUELS

SEC. 136201. EXTENSION OF INCENTIVES FOR BIODIESEL, RENEWABLE DIESEL 
              AND ALTERNATIVE FUELS.

    (a) Biodiesel and Renewable Diesel Credit.--Section 40A(g) is 
amended by striking ``December 31, 2022'' and inserting ``December 31, 
2031''.
    (b) Biodiesel Mixture Credit.--
            (1) In general.--Section 6426(c)(6) is amended by striking 
        ``December 31, 2022'' and inserting ``December 31, 2031''.
            (2) Fuels not used for taxable purposes.--Section 
        6427(e)(6)(B) is amended by striking ``December 31, 2022'' and 
        inserting ``December 31, 2031''.
    (c) Alternative Fuel Credit.--Section 6426(d)(5) is amended by 
striking ``December 31, 2021'' and inserting ``December 31, 2031''.
    (d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is amended 
by striking ``December 31, 2021'' and inserting ``December 31, 2031''.
    (e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is 
amended by striking ``December 31, 2021'' and inserting ``December 31, 
2031''.
    (f) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2021.

SEC. 136202. EXTENSION OF SECOND GENERATION BIOFUEL INCENTIVES.

    (a) In General.--Section 40(b)(6)(J)(i) is amended by striking 
``2022'' and inserting ``2032''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to qualified second generation biofuel production after December 
31, 2021.

SEC. 136203. SUSTAINABLE AVIATION FUEL CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by inserting after section 40A the following new section:

``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT.

    ``(a) In General.--For purposes of section 38, the sustainable 
aviation fuel credit for the taxable year is, with respect to any sale 
or use of a qualified mixture which occurs during such taxable year, an 
amount equal to the product of--
            ``(1) the number of gallons of sustainable aviation fuel in 
        such mixture, multiplied by
            ``(2) the sum of--
                    ``(A) $1.25, plus
                    ``(B) the applicable supplementary amount with 
                respect to such sustainable aviation fuel.
    ``(b) Applicable Supplementary Amount.--For purposes of this 
section, the term `applicable supplementary amount' means, with respect 
to any sustainable aviation fuel, an amount equal to $0.01 for each 
percentage point by which the lifecycle greehouse gas emissions 
reduction percentage with respect to such fuel exceeds 50 percent. In 
no event shall the applicable supplementary amount determined under 
this subsection exceed $0.50.
    ``(c) Qualified Mixture.--For purposes of this section, the term 
`qualified mixture' means a mixture of sustainable aviation fuel and 
kerosene if--
            ``(1) such mixture is produced by the taxpayer in the 
        United States,
            ``(2) such mixture is used by the taxpayer (or sold by the 
        taxpayer for use) in an aircraft,
            ``(3) such sale or use is in the ordinary course of a trade 
        or business of the taxpayer, and
            ``(4) the transfer of such mixture to the fuel tank of such 
        aircraft occurs in the United States.
    ``(d) Sustainable Aviation Fuel.--For purposes of this section, the 
term `sustainable aviation fuel' means liquid fuel which--
            ``(1) meets the requirements of--
                    ``(A) ASTM International Standard D7566, or
                    ``(B) the Fischer Tropsch provisions of ASTM 
                International Standard D1655, Annex A1,
            ``(2) is not derived from palm fatty distillates or 
        petroleum, and
            ``(3) has been certified in accordance with subsection (e) 
        as having a lifecycle greenhouse gas emissions reduction 
        percentage of at least 50 percent.
    ``(e) Lifecycle Greenhouse Gas Emissions Reduction Percentage.--For 
purposes of this section--
            ``(1) In general.--The term `lifecycle greenhouse gas 
        emissions reduction percentage' means, with respect to any 
        sustainable aviation fuel, the percentage reduction in 
        lifecycle greenhouse gas emissions achieved by such fuel in 
        comparison with petroleum-based jet fuel as stated in a 
        certification which meets the requirements of paragraphs (2).
            ``(2) Certification methodology.--A certification meets the 
        requirements of this paragraph if such certification (including 
        the methodology and process of such certification) conforms 
        with all requirements (including requirements related to 
        traceability and information transmission) of the most recent 
        Carbon Offsetting and Reduction Scheme for International 
        Aviation which has been adopted by the International Civil 
        Aviation Organization with the agreement of the United States.
            ``(3) Option to obtain certification from secretary.--Not 
        later than 24 months after the date of the enactment of this 
        section, the Secretary, after consultation with the Secretary 
        of Energy and the Administrator of the Environmental Protection 
        Agency, shall establish procedures pursuant to which taxpayers 
        may obtain a certification which meets the requirements of 
        paragraph (2) from the Secretary.
    ``(f) Registration of Sustainable Aviation Fuel Producers.--No 
credit shall be allowed under this section with respect to any 
sustainable aviation fuel unless the producer of such fuel has entered 
into an agreement with the Secretary to provide the Secretary such 
information with respect to such fuel as the Secretary may require for 
purposes of carrying out this section.
    ``(g) Coordination With Credit Against Excise Tax.--The amount of 
the credit determined under this section with respect to any 
sustainable aviation fuel shall, under rules prescribed by the 
Secretary, be properly reduced to take into account any benefit 
provided with respect to such sustainable aviation fuel solely by 
reason of the application of section 6426 or 6427(e).
    ``(h) Termination.--This section shall not apply to any sale or use 
after December 31, 2031.''.
    (b) Credit Made Part of General Business Credit.-- Section 38(b) is 
amended by striking ``plus'' at the end of paragraph (37), by striking 
the period at the end of paragraph (38) and inserting ``, plus'', and 
by inserting after paragraph (38) the following new paragraph:
            ``(39) the sustainable aviation fuel credit determined 
        under section 40B.''.
    (c) Coordination With Biodiesel Incentives.--
            (1) In general.--Section 40A(d)(1) is amended by inserting 
        ``or 40B'' after ``determined under section 40''.
            (2) Conforming amendment.--Section 40A(f) is amended by 
        striking paragraph (4).
    (d) Sustainable Aviation Fuel Added to Credit for Alcohol Fuel, 
Biodiesel, and Alternative Fuel Mixtures.--
            (1) In general.--Section 6426 is amended by adding at the 
        end the following new subsection:
    ``(k) Sustainable Aviation Fuel Credit.--
            ``(1) In general.--For purposes of this section, the 
        sustainable aviation fuel credit for the taxable year is, with 
        respect to any sale or use of a qualified mixture, an amount 
        equal to the product of--
                    ``(A) the number of gallons of sustainable aviation 
                fuel in such mixture, multiplied by
                    ``(B) the sum of--
                            ``(i) $1.25, plus
                            ``(ii) the applicable supplementary amount 
                        with respect to such sustainable aviation fuel.
            ``(2) Applicable supplementary amount.--For purposes of 
        this subsection, the term `applicable supplementary amount' has 
        the meaning given such term in section 40B(b).
            ``(3) Other definitions.--Any term used in this subsection 
        which is also used in section 40B shall have the meaning given 
        such term by section 40B.
            ``(4) Registration requirement.--For purposes of this 
        subsection, rules similar to the rules of section 40B(f) shall 
        apply.''.
            (2) Conforming amendments.--
                    (A) Section 6426 is amended--
                            (i) in subsection (a)(1), by striking ``and 
                        (e)'' and inserting ``(e), and (k)'', and
                            (ii) in subsection (h), by striking ``under 
                        section 40 or 40A'' and inserting ``under 
                        section 40, 40A, or 40B''.
                    (B) Section 6427(e)(6) is amended by striking the 
                ``and'' at the end of subparagraph (C), by striking the 
                period at the end of subparagraph (D) and inserting ``, 
                and'', and by adding at the end the following new 
                subparagraph:
                    ``(E) any qualified mixture of sustainable aviation 
                fuel (as defined in section 6426(k)(3)) sold or used 
                after December 31, 2031.''.
    (e) Guidance.--Under rules prescribed by the Secretary of the 
Treasury (or the Secretary's delegate), the amount of the credit 
allowed under section 40B of the Internal Revenue Code of 1986 (as 
added by this subsection) shall be properly reduced to take into 
account any benefit provided with respect to sustainable aviation fuel 
(as defined in such section 40B) by reason of the application of 
section 6426 or section 6427(e).
    (f) Amount of Credit Included in Gross Income.--Section 87 is 
amended by striking ``and'' in paragraph (1), by striking the period at 
the end of paragraph (2) and inserting ``, and'', and by adding at the 
end the following new paragraph:
            ``(3) the sustainable aviation fuel credit determined with 
        respect to the taxpayer for the taxable year under section 
        40B(a).''.
    (g) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2022.

SEC. 136204. CLEAN HYDROGEN.

    (a) Credit for Production of Clean Hydrogen.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 is amended by adding at the end the following new 
        section:

``SEC. 45X. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN.

    ``(a) Amount of Credit.--For purposes of section 38, the clean 
hydrogen production credit for any taxable year is an amount equal to 
the product of--
            ``(1) the applicable amount, multiplied by
            ``(2) the kilograms of qualified clean hydrogen produced by 
        the taxpayer during such taxable year at a qualified clean 
        hydrogen production facility during the 10-year period 
        beginning on the date such facility was originally placed in 
        service.
    ``(b) Applicable Amount.--
            ``(1) In general.--For purposes of subsection (a)(1), the 
        applicable amount shall be an amount equal to the applicable 
        percentage of $3.00. If any amount as determined under the 
        preceding sentence is not a multiple of 0.1 cent, such amount 
        shall be rounded to the nearest multiple of 0.1 cent.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means--
                    ``(A) in the case of any qualified clean hydrogen 
                which is produced through a process that, as compared 
                to hydrogen produced by steam-methane reforming, 
                achieves a percentage reduction in lifecycle greenhouse 
                gas emissions which is less than 75 percent, 20 
                percent,
                    ``(B) in the case of any qualified clean hydrogen 
                which is produced through a process that, as compared 
                to hydrogen produced by steam-methane reforming, 
                achieves a percentage reduction in lifecycle greenhouse 
                gas emissions which is not less than 75 percent and 
                less than 85 percent, 25 percent,
                    ``(C) in the case of any qualified clean hydrogen 
                which is produced through a process that, as compared 
                to hydrogen produced by steam-methane reforming, 
                achieves a percentage reduction in lifecycle greenhouse 
                gas emissions which is not less than 85 percent and 
                less than 95 percent, 34 percent, and
                    ``(D) in the case of any qualified clean hydrogen 
                which is produced through a process that, as compared 
                to hydrogen produced by steam-methane reforming, 
                achieves a percentage reduction in lifecycle greenhouse 
                gas emissions which is not less than 95 percent, 100 
                percent.
            ``(3) Inflation adjustment.--The $3.00 amount in paragraph 
        (1) shall be adjusted by multiplying such amount by the 
        inflation adjustment factor (as determined under section 
        45(e)(2), determined by substituting `2020' for `1992' in 
        subparagraph (B) thereof) for the calendar year in which the 
        qualified clean hydrogen is produced. If any amount as 
        increased under the preceding sentence is not a multiple of 0.1 
        cent, such amount shall be rounded to the nearest multiple of 
        0.1 cent.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Lifecycle greenhouse gas emissions.--For purposes of 
        this section, the term `lifecycle greenhouse gas emissions' has 
        the same meaning given such term under subparagraph (H) of 
        section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), 
        as in effect on the date of enactment of this section, as 
        related to the full fuel lifecycle through the point of 
        hydrogen production.
            ``(2) Qualified clean hydrogen.--
                    ``(A) In general.--The term `qualified clean 
                hydrogen' means hydrogen which is produced through a 
                process that, as compared to hydrogen produced by 
                steam-methane reforming, achieves a percentage 
                reduction in lifecycle greenhouse gas emissions which 
                is not less than 40 percent.
                    ``(B) Additional requirements.--Such term shall not 
                include any hydrogen unless such hydrogen is produced--
                            ``(i) in the United States (as defined in 
                        section 638(1) or a possession of the United 
                        States (as defined in section 638(2)),
                            ``(ii) in the ordinary course of a trade or 
                        business of the taxpayer, and
                            ``(iii) for sale or use.
            ``(3) Qualified clean hydrogen production facility.--
                    ``(A) In general.--The term `qualified clean 
                hydrogen production facility' means a facility owned by 
                the taxpayer which produces qualified clean hydrogen 
                and which meets the requirements of subparagraph (B).
                    ``(B) Termination.--The term `qualified clean 
                hydrogen production facility' shall not include any 
                facility the construction of which begins after 
                December 31, 2028.
            ``(4) Steam-methane reforming.--The term `steam-methane 
        reforming' means a hydrogen production process in which high-
        temperature steam is used to produce hydrogen from natural gas 
        (other than natural gas derived from biomass (as defined in 
        section 45K(c)(3) as in effect on the date of the enactment of 
        this section), without carbon capture and sequestration.
    ``(d) Special Rules.--
            ``(1) Treatment of facilities owned by more than 1 
        taxpayer.--Rules similar to the rules section 45(e)(3) shall 
        apply for purposes of this section.
            ``(2) Coordination with credit for carbon oxide 
        sequestration.--No credit shall be allowed under this section 
        with respect to any qualified clean hydrogen produced at a 
        facility which includes property for which a credit is allowed 
        under section 45Q.
    ``(e) Base Credit Amount and Increased Credit Amount for Qualified 
Clean Hydrogen Production Facilities.--
            ``(1) In general.--In the case of any qualified clean 
        hydrogen production facility which does not satisfy the 
        requirements of paragraph (2)(B), the amount of the credit 
        determined under subsection (a) shall be 20 percent of such 
        amount (determined without regard to this sentence).
            ``(2) Increased credit for certain facilities meeting 
        project requirements.--
                    ``(A) In general.--In the case of any qualified 
                facility which meets the project requirements of this 
                paragraph, paragraph (1) shall not apply.
                    ``(B) Project requirements.--A project meets the 
                requirements of this subparagraph if it is one of the 
                following:
                            ``(i) A project with a maximum net output 
                        of less than 1 megawatt.
                            ``(ii) A project which commences 
                        construction prior to the date of the enactment 
                        of this paragraph.
                            ``(iii) A project which satisfies the 
                        requirements of paragraphs (3) and (4).
            ``(3) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any qualified clean 
                hydrogen production facility are that the taxpayer 
                shall ensure that any laborers and mechanics employed 
                by contractors and subcontractors in--
                            ``(i) the construction of such facility, 
                        and
                            ``(ii) for the 10-year period beginning on 
                        the date the facility was originally placed in 
                        service, the alteration or repair of such 
                        facility,
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--Rules similar to the rules 
                of section 45(b)(8)(B) shall apply for purposes of this 
                subparagraph.
            ``(4) Apprenticeship requirements.--Rules similar to the 
        rules of section 45(b)(9) shall apply for purposes of this 
        paragraph.
            ``(5) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.
    ``(f) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Secretary, after consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, shall issue regulations or other guidance to carry 
out the purposes of this section, including regulations or other 
guidance--
            ``(1) for determining lifecycle greenhouse gas emissions, 
        and
            ``(2) which require verification by unrelated third parties 
        of the production and sale or use of qualified clean hydrogen 
        with respect to which credit is otherwise allowed under this 
        section.''.
            (2) Elective payment of credit.--Section 6417(b), as added 
        by the preceding provisions of this Act, is amended by adding 
        at the end the following new paragraph:
            ``(9) The credit for production of clean hydrogen 
        determined under section 45X.''.
            (3) Conforming amendments.--
                    (A) Section 38(b) is amended--
                            (i) in paragraph (38), by striking ``plus'' 
                        at the end,
                            (ii) in paragraph (39), by striking the 
                        period at the end and inserting ``, plus'', and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(40) the clean hydrogen production credit determined 
        under section 45X(a).''.
                    (B) The table of sections for subpart D of part IV 
                of subchapter A of chapter 1 amended by adding at the 
                end the following new item:

``Sec. 45X. Credit for production of clean hydrogen.''.
            (4) Effective date.--The amendments made by this subsection 
        shall apply to hydrogen placed in service after December 31, 
        2021.
    (b) Credit for Electricity Produced From Renewable Resources 
Allowed if Electricity Is Used to Produce Clean Hydrogen.--
            (1) In general.--Section 45(e) is amended by adding at the 
        end the following new paragraph:
            ``(13) Special rule for electricity used at a qualified 
        clean hydrogen production facility.--Electricity produced by 
        the taxpayer shall be treated as sold by such taxpayer to an 
        unrelated person during the taxable year if such electricity is 
        used during such taxable year by the taxpayer or a person 
        related to the taxpayer at a qualified clean hydrogen 
        production facility (as defined in section 45X(d)(3)) to 
        produce qualified clean hydrogen (as defined in section 
        45X(d)(2)) during the 10 year period after such facility is 
        placed in service. The Secretary shall issue such regulations 
        or other guidance as the Secretary determines appropriate to 
        carry out the purposes of this paragraph, including regulations 
        or other guidance to require verification by unrelated third 
        parties of the production and use of electricity to which this 
        paragraph applies.''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to electricity produced after December 31, 2021.
    (c) Election to Treat Clean Hydrogen Production Facilities as 
Energy Property.--
            (1) In general.--Section 48(a) is amended by adding at the 
        end the following new paragraph:
            ``(8) Election to treat clean hydrogen production 
        facilities as energy property.--
                    ``(A) In general.--In the case of any qualified 
                property (as defined in paragraph (5)(D)) which is part 
                of a specified clean hydrogen production facility--
                            ``(i) such property shall be treated as 
                        energy property for purposes of this section, 
                        and
                            ``(ii) the energy percentage with respect 
                        to such property is--
                                    ``(I) in the case of a facility 
                                which is designed and reasonably 
                                expected to produce qualified clean 
                                hydrogen which is described in a 
                                subparagraph (A) of section 45X(b)(2), 
                                6 percent,
                                    ``(II) in the case of a facility 
                                which is designed and reasonably 
                                expected to produce qualified clean 
                                hydrogen which is described in a 
                                subparagraph (B) of such section, 7.5 
                                percent,
                                    ``(III) in the case of a facility 
                                which is designed and reasonably 
                                expected to produce qualified clean 
                                hydrogen which is described in a 
                                subparagraph (C) of such section, 10.2 
                                percent, and
                                    ``(IV) in the case of a facility 
                                which is designed and reasonably 
                                expected to produce qualified clean 
                                hydrogen which is described in a 
                                subparagraph (D) of such section, 30 
                                percent.
                    ``(B) Denial of production credit.--No credit shall 
                be allowed under section 45X for any taxable year with 
                respect to any specified clean hydrogen production 
                facility.
                    ``(C) Specified clean hydrogen production 
                facility.--For purposes of this paragraph, the term 
                `specified clean hydrogen production facility' means 
                any qualified clean hydrogen production facility (as 
                defined in section 45X(d)(3)) or any portion of such 
                facility--
                            ``(i) which is placed in service after 
                        December 31, 2021, and
                            ``(ii) with respect to which--
                                    ``(I) no credit has been allowed 
                                under section 45X or 45Q, and
                                    ``(II) the taxpayer makes an 
                                irrevocable election to have this 
                                paragraph apply.
                    ``(D) Qualified clean hydrogen.--For purposes of 
                this paragraph, the term `qualified clean hydrogen' has 
                the meaning given such term by section 45X(d)(2).
                    ``(E) Regulations.--The Secretary, after 
                consultation with the Secretary of Energy and the 
                Administrator of the Environmental Protection Agency, 
                shall issue such regulations or other guidance as the 
                Secretary determines necessary or appropriate to carry 
                out the purposes of this section, including regulations 
                or other guidance which--
                            ``(i) requires verification by one or more 
                        unrelated third parties that the facility 
                        produces hydrogen which is consistent with the 
                        hydrogen that such facility was designed and 
                        expected to produce under subparagraph (A)(ii), 
                        and
                            ``(ii) recaptures so much of any credit 
                        allowed under this section as exceeds the 
                        amount of the credit which would have been 
                        allowed if the expected production were 
                        consistent with the actual verified production 
                        (or all of the credit so allowed in the absence 
                        of such verification).''.
            (2) Effective date.--The amendments made by this section 
        shall apply to periods after December 31, 2021, under rules 
        similar to the rules of section 48(m) of the Internal Revenue 
        Code of 1986 (as in effect on the day before the date of the 
        enactment of the Revenue Reconciliation Act of 1990).
    (d) Termination of Excise Tax Credit for Hydrogen.--
            (1) In general.--Section 6426(d)(2) is amended by striking 
        subparagraph (D) and by redesignating subparagraphs (E), (F), 
        and (G) as subparagraphs (D), (E), and (F), respectively.
            (2) Conforming amendment.--Section 6426(e)(2) is amended by 
        striking ``(F)'' and inserting ``(E)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to fuel sold or used after December 31, 2021.

     PART 3--GREEN ENERGY AND EFFICIENCY INCENTIVES FOR INDIVIDUALS

SEC. 136301. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS 
              ENERGY PROPERTY CREDIT.

    (a) Extension of Credit.--Section 25C(g)(2) is amended by striking 
``December 31, 2021'' and inserting ``December 31, 2031''.
    (b) Increase in Credit Percentage for Qualified Energy Efficiency 
Improvements.--Section 25C(a)(1) is amended by striking ``10 percent'' 
and inserting ``30 percent''.
    (c) Application of Annual Limitation in Lieu of Lifetime 
Limitation.--Section 25C(b) is amended to read as follows:
    ``(b) Limitations.--
            ``(1) In general.--The credit allowed under this section 
        with respect to any taxpayer for any taxable year shall not 
        exceed $1,200.
            ``(2) Windows.--The credit allowed under this section by 
        reason of subsection (a)(1) with respect to any taxpayer for 
        any taxable year shall not exceed--
                    ``(A) in the aggregate with respect to all exterior 
                windows and skylights which are not described in 
                subparagraph (B), $200,
                    ``(B) in the aggregate with respect to all exterior 
                windows and skylights which meet the standard for the 
                most efficient certification under applicable Energy 
                Star program requirements, the excess (if any) of $600 
                over the credit so allowed with respect to all windows 
                and skylights taken into account under subparagraph 
                (A).
            ``(3) Doors.--The credit allowed under this section by 
        reason of subsection (a)(1) with respect to any taxpayer for 
        any taxable year shall not exceed--
                    ``(A) $250 in the case of any exterior door, and
                    ``(B) $500 in the aggregate with respect to all 
                exterior doors.''.
    (d) Modifications Related to Qualified Energy Efficiency 
Improvements.--
            (1) Standards for energy efficient building envelope 
        components.--Section 25C(c)(2) is amended by striking ``meets--
        '' and all that follows through the period at the end and 
        inserting the following: ``meets--
                    ``(A) in the case of an exterior window, a 
                skylight, or an exterior door, applicable Energy Star 
                program requirements, and
                    ``(B) in the case of any other component, the 
                prescriptive criteria for such component established by 
                the most recent International Energy Conservation Code 
                standard in effect as of the beginning of the calendar 
                year which is 2 years prior to the calendar year in 
                which such component is placed in service.''.
            (2) Roofs not treated as building envelope components.--
        Section 25C(c)(3) is amended by adding ``and'' at the end of 
        subparagraph (B), by striking ``, and'' at the end of 
        subparagraph (C) and inserting a period, and by striking 
        subparagraph (D).
            (3) Air barrier insulation added to definition of building 
        envelope component.--Section 25C(c)(3)(A) is amended by 
        striking ``material or system'' and inserting ``material or 
        system, including air sealing material or system,''.
    (e) Modification of Residential Energy Property Expenditures.--
Section 25C(d) is amended to read as follows:
    ``(d) Residential Energy Property Expenditures.--For purposes of 
this section--
            ``(1) In general.--The term `residential energy property 
        expenditures' means expenditures made by the taxpayer for 
        qualified energy property which is--
                    ``(A) installed on or in connection with a dwelling 
                unit located in the United States and used as a 
                residence by the taxpayer, and
                    ``(B) originally placed in service by the taxpayer.
        Such term includes expenditures for labor costs properly 
        allocable to the onsite preparation, assembly, or original 
        installation of the property.
            ``(2) Qualified energy property.--The term `qualified 
        energy property' means any of the following which meet or 
        exceed the highest efficiency tier (not including any advanced 
        tier) established by the Consortium for Energy Efficiency which 
        is in effect as of the beginning of the calendar year in which 
        the property is placed in service:
                    ``(A) An electric heat pump water heater.
                    ``(B) An electric heat pump.
                    ``(C) A central air conditioner.
                    ``(D) A natural gas, propane, or oil water heater.
                    ``(E) A natural gas, propane, or oil furnace or hot 
                water boiler.''.
    (f) Home Energy Audits.--
            (1) In general.--Section 25C(a) is amended by striking 
        ``and'' at the end of paragraph (1), by striking the period at 
        the end of paragraph (2) and inserting ``, and'', and by adding 
        at the end the following new paragraph:
            ``(3) 30 percent of the amount paid or incurred by the 
        taxpayer during the taxable year for home energy audits.''.
            (2) Limitation.--Section 25C(b), as amended by subsection 
        (c), is amended adding at the end the following new paragraph:
            ``(5) Home energy audits.--
                    ``(A) Dollar limitation.--The amount of the credit 
                allowed under this section by reason of subsection 
                (a)(3) shall not exceed $150.
                    ``(B) Substantiation requirement.--No credit shall 
                be allowed under this section by reason of subsection 
                (a)(3) unless the taxpayer includes with the taxpayer's 
                return of tax such information or documentation as the 
                Secretary may require.''.
            (3) Home energy audits.--
                    (A) In general.--Section 25C, as amended by 
                subsections (a), is amended by redesignating 
                subsections (e), (f), and (g), as subsections (f), (g), 
                and (h), respectively, and by inserting after 
                subsection (d) the following new subsection:
    ``(e) Home Energy Audits.--For purposes of this section, the term 
`home energy audit' means an inspection and written report with respect 
to a dwelling unit located in the United States and owned or used by 
the taxpayer as the taxpayer's principal residence (within the meaning 
of section 121) which--
            ``(1) identifies the most significant and cost-effective 
        energy efficiency improvements with respect to such dwelling 
        unit, including an estimate of the energy and cost savings with 
        respect to each such improvement, and
            ``(2) is conducted and prepared by a home energy auditor 
        that meets the certification or other requirements specified by 
        the Secretary (after consultation with the Secretary of Energy 
        and the Administrator of the Environmental Protection Agency 
        and not later than 180 days after the date of the enactment of 
        this subsection) in regulations or other guidance.''.
                    (B) Conforming amendment.--Section 1016(a)(33) is 
                amended by striking ``section 25C(f)'' and inserting 
                ``section 25C(g)''.
            (4) Lack of substantiation treated as mathematical or 
        clerical error.--Section 6213(g)(2) is amended--
                    (A) in subparagraph (P), by striking ``and'' at the 
                end,
                    (B) in subparagraph (Q), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(R) an omission of correct information or 
                documentation required under section 25C(b)(5)(B) 
                (relating to home energy audits) to be included on a 
                return.''.
    (g) Identification Number Requirement.--
            (1) In general.--Section 25C, as amended by subsections (a) 
        and (f), is amended by redesignating subsection (h) as 
        subsection (i) and by inserting after subsection (g) the 
        following new subsection:
    ``(h) Product Identification Number Requirement.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) with respect to any item of specified property 
        placed in service after December 31, 2023, unless--
                    ``(A) such item is produced by a qualified 
                manufacturer, and
                    ``(B) the taxpayer includes the qualified product 
                identification number of such item on the return of tax 
                for the taxable year.
            ``(2) Qualified product identification number.--For 
        purposes of this section, the term `qualified product 
        identification number' means, with respect to any item of 
        specified property, the product identification number assigned 
        to such item by the qualified manufacturer pursuant to the 
        methodology referred to in paragraph (3).
            ``(3) Qualified manufacturer.--
                    ``(A) In general.--For purposes of this section, 
                the term `qualified manufacturer' means any 
                manufacturer of specified property which enters into an 
                agreement with the Secretary which provides that such 
                manufacturer will--
                            ``(i) assign a product identification 
                        number to each item of specified property 
                        produced by such manufacturer utilizing a 
                        methodology that will ensure that such number 
                        (including any alphanumeric) is unique to each 
                        such item (by utilizing numbers or letters 
                        which are unique to such manufacturer or by 
                        such other method as the Secretary may 
                        provide),
                            ``(ii) label such item with such number in 
                        such manner as the Secretary may provide, and
                            ``(iii) make periodic written reports to 
                        the Secretary (at such times and in such manner 
                        as the Secretary may provide) of the product 
                        identification numbers so assigned and 
                        including such information as the Secretary may 
                        require with respect to the item of specified 
                        property to which such number was so assigned.
                    ``(B) Consultation with doe and epa.--The 
                Secretary, after consultation with the Secretary of 
                Energy and the Administrator of the Environmental 
                Protection Agency, shall establish procedures for 
                manufacturers and consumers to meet the requirements 
                for product identification numbers under subparagraph 
                (A).
            ``(4) Specified property.--For purposes of this subsection, 
        the term `specified property' means any qualified energy 
        property and any property described in subparagraph (B) or (C) 
        of subsection (c)(3).''.
            (2) Omission of correct product identification number 
        treated as mathematical or clerical error.--Section 6213(g)(2), 
        as amended by the preceding provisions of this Act, is 
        amended--
                    (A) in subparagraph (Q), by striking ``and'' at the 
                end,
                    (B) in subparagraph (R), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(S) an omission of a correct product 
                identification number required under section 25C(h) 
                (relating to credit for nonbusiness energy property) to 
                be included on a return.''.
    (h) Effective Dates.--
            (1) In general.--Except as otherwise provided by this 
        subsection, the amendments made by this section shall apply to 
        property placed in service after December 31, 2021.
            (2) Home energy audits.--The amendments made by subsection 
        (f) shall apply to amounts paid or incurred after December 31, 
        2021.
            (3) Identification number requirement.--The amendments made 
        subsection (g) shall apply to property placed in service after 
        December 31, 2023.

SEC. 136302. RESIDENTIAL ENERGY EFFICIENT PROPERTY.

    (a) Extension of Credit.--
            (1) In general.--Section 25D(h) is amended by striking 
        ``December 31, 2023'' and inserting ``December 31, 2033''.
            (2) Application of phaseout.--Section 25D(g) is amended--
                    (A) by striking ``before January 1, 2023'' in 
                paragraph (2) and inserting ``before January 1, 2022'',
                    (B) by striking ``and'' at the end of paragraph 
                (2),
                    (C) by redesignating paragraph (3) as paragraph (5) 
                and by inserting after paragraph (2) the following new 
                paragraphs:
            ``(3) in the case of property placed in service after 
        December 31, 2021, and before January 1, 2032, 30 percent,
            ``(4) in the case of property placed in service after 
        December 31, 2031, and before January 1, 2033, 26 percent, 
        and'', and
                    (D) by striking ``December 31, 2022, and before 
                January 1, 2024'' in paragraph (5) (as so redesignated) 
                and inserting ``December 31, 2032, and before January 
                1, 2034''.
    (b) Residential Energy Efficient Property Credit for Battery 
Storage Technology.--
            (1) In general.--Section 25D(a) is amended by striking 
        ``and'' at the end of paragraph (5) and by inserting after 
        paragraph (6) the following new paragraph:
            ``(7) the qualified battery storage technology 
        expenditures,''.
            (2) Qualified battery storage technology expenditure.--
        Section 25D(d) is amended by adding at the end the following 
        new paragraph:
            ``(7) Qualified battery storage technology expenditure.--
        The term `qualified battery storage technology expenditure' 
        means an expenditure for battery storage technology which--
                    ``(A) is installed in connection with a dwelling 
                unit located in the United States and used as a 
                residence by the taxpayer, and
                    ``(B) has a capacity of not less than 3 kilowatt 
                hours.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to expenditures made after December 31, 2021.

SEC. 136303. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

    (a) Placed in Service Requirement.--Section 179D(c)(2) is amended 
by striking ``the date that is 2 years before the date that 
construction of such property begins'' and inserting ``the date that is 
2 years before the date such property is placed into service''.
    (b) Temporary Increase in Deduction, etc..--Section 179D is amended 
by adding at the end the following:
    ``(i) Temporary Rules.--
            ``(1) Period of application.--The provisions of this 
        subsection shall apply only to taxable years beginning after 
        December 31, 2021, and before January 1, 2032.
            ``(2) Modification of efficiency standard.--Subsection 
        (c)(1)(D) shall be applied by substituting `25' for `50'.
            ``(3) Maximum amount of deduction.--
                    ``(A) In general.--The deduction under subsection 
                (a) with respect to any building for any taxable year 
                shall not exceed the excess (if any) of--
                            ``(i) the product of--
                                    ``(I) the applicable dollar value, 
                                and
                                    ``(II) the square footage of the 
                                building, over
                            ``(ii) the aggregate amount of the 
                        deductions under subsection (a) and paragraph 
                        (6) with respect to the building for the 3 
                        taxable years immediately preceding such 
                        taxable year (or, in the case of any such 
                        deduction allowable to a person other than the 
                        taxpayer, for any taxable year ending during 
                        the 4-taxable-year period ending with such 
                        taxable year).
                    ``(B) Applicable dollar value.--For purposes of 
                paragraph (3)(A)(i), the applicable dollar value shall 
                be an amount equal to $2.50 increased (but not above 
                $5.00) by $0.10 for each percentage point by which the 
                total annual energy and power costs for the building 
                are certified to be reduced by a percentage greater 
                than 25 percent.
                    ``(C) Application of inflation adjustment.--
                Subsection (g) shall be applied--
                            ``(i) by substituting `2022' for `2020',
                            ``(ii) by substituting `subsection 
                        (i)(3)(B)' for `subsection (b) or subsection 
                        (d)(1)(A)', and
                            ``(iii) by substituting `2021' for `2019'.
                    ``(D) Limitation to apply in lieu of current 
                limitation and partial allowance.--Subsections (b) and 
                (d)(1) shall not apply.
            ``(4) Base credit amount and increased credit amount for 
        certain property.--
                    ``(A) In general.--In the case of any property 
                which does not satisfy the requirements of subparagraph 
                (B), paragraph (3)(B) shall be applied by substituting 
                `$0.50' for `$2.50', `$.02' for `$.10', and `$1.00' for 
                `$5.00'.
                    ``(B) Increased credit for certain property meeting 
                project requirements.--
                            ``(i) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project which commences 
                                construction prior to the date of the 
                                enactment of this paragraph.
                                    ``(II) A project which commences 
                                construction after the date of 
                                enactment of this paragraph and 
                                satisfies the requirements of 
                                paragraphs (5) and (6).
                                    ``(III) A project with respect to 
                                which initial construction is completed 
                                and building modifications are made as 
                                part of a qualified retrofit plan, and 
                                which satisfies paragraphs (5) and (6).
            ``(5) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any project are that 
                the taxpayer shall ensure that any laborers and 
                mechanics employed by contractors and subcontractors in 
                the construction of any property or with respect to 
                building modifications made as part of a qualified 
                retrofit plan shall be paid wages at rates not less 
                than the prevailing rates for construction, alteration, 
                or repair of a similar character in the locality as 
                most recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--In the case of any taxpayer 
                which fails to satisfy the requirement under 
                subparagraph (A) with respect to any project or any 
                building modifications made as part of a qualified 
                retrofit plan, rules similar to the rules of section 
                45(b)(8)(B) shall apply for purposes of this paragraph.
            ``(6) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to any property are 
        as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction of a project or 
                        building modifications made as part of a 
                        qualified retrofit plan shall, subject to 
                        subparagraph (B), ensure that not less than the 
                        applicable percentage of the total labor hours 
                        of such work be performed by qualified 
                        apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(7) Allocation of deduction by certain tax-exempt 
        entities.--
                    ``(A) In general.--A specified tax-exempt entity 
                shall be treated in the same manner as a Federal, 
                State, or local government for purposes of applying 
                subsection (d)(4).
                    ``(B) Specified tax-exempt entity.--For purposes of 
                this paragraph, the term `specified tax-exempt entity' 
                means--
                            ``(i) the United States, any State or 
                        political subdivision thereof, any possession 
                        of the United States, or any agency or 
                        instrumentality of any of the foregoing,
                            ``(ii) any Indian tribal government (within 
                        the meaning of section 139E), and
                            ``(iii) any organization exempt from tax 
                        imposed by this chapter.
            ``(8) Alternative deduction for energy efficient retrofit 
        building property.--
                    ``(A) In general.--In the case of a taxpayer which 
                elects (at such time and in such manner as the 
                Secretary, after consultation with the administrator of 
                the Environmental Protection Agency, may provide) the 
                application of this paragraph with respect to any 
                qualified building, there shall be allowed as a 
                deduction for the taxable year which includes the date 
                of the qualifying final certification with respect to 
                the qualified retrofit plan of such building, an amount 
                equal to the lesser of--
                            ``(i) the excess described in paragraph (3) 
                        (determined by substituting `energy usage 
                        intensity' for `total annual energy and power 
                        costs' in subparagraph (B) thereof), or
                            ``(ii) the aggregate adjusted basis 
                        (determined after taking into account all 
                        adjustments with respect to such taxable year 
                        other than the reduction under subsection (e)) 
                        of energy efficient retrofit building property 
                        placed in service by the taxpayer pursuant to 
                        such qualified retrofit plan.
                    ``(B) Qualified retrofit plan.--For purposes of 
                this paragraph, the term `qualified retrofit plan' 
                means a written plan prepared by a qualified 
                professional which specifies modifications to a 
                building which, in the aggregate, are expected to 
                reduce such building's energy usage intensity by 25 
                percent or more in comparison to the baseline energy 
                usage intensity of such building. Such plan shall 
                provide for a qualified professional to--
                            ``(i) as of any date during the 1-year 
                        period ending on the date of the first 
                        certification described in clause (ii), certify 
                        the energy usage intensity of such building as 
                        of such date,
                            ``(ii) certify the status of property 
                        installed pursuant to such plan as meeting the 
                        requirements of clauses (ii) and (iii) 
                        subparagraph (C), and
                            ``(iii) as of any date that is more than 1 
                        year after completion of the plan, certify the 
                        energy usage intensity of such building as of 
                        such date.
                    ``(C) Energy efficient retrofit building 
                property.--For purposes of this paragraph, the term 
                `energy efficient retrofit building property' means 
                property--
                            ``(i) with respect to which depreciation 
                        (or amortization in lieu of depreciation) is 
                        allowable,
                            ``(ii) which is installed on or in any 
                        qualified building,
                            ``(iii) which is installed as part of--
                                    ``(I) the interior lighting 
                                systems,
                                    ``(II) the heating, cooling, 
                                ventilation, and hot water systems, or
                                    ``(III) the building envelope, and
                            ``(iv) which is certified in accordance 
                        with subparagraph (B)(ii) as meeting the 
                        requirements of clauses (ii) and (iii).
                    ``(D) Qualified building.--For purposes of this 
                paragraph, the term `qualified building' means any 
                building which--
                            ``(i) is located in the United States, and
                            ``(ii) was originally placed in service not 
                        less than 5 years before the establishment of 
                        the qualified retrofit plan with respect to 
                        such building.
                    ``(E) Qualifying final certification.--For purposes 
                of this paragraph, the term `qualifying final 
                certification' means, with respect to any qualified 
                retrofit plan, the certification described in 
                subparagraph (B)(iii) if the energy usage intensity 
                certified in such certification is not more than 75 
                percent of the baseline energy usage intensity of the 
                building.
                    ``(F) Baseline energy usage intensity.--
                            ``(i) In general.--The term `baseline 
                        energy usage intensity' means the energy usage 
                        intensity certified under subparagraph (B)(i), 
                        as adjusted to take into account weather as 
                        compared to the energy usage intensity 
                        determined under subparagraph (B)(iii)(I).
                            ``(ii) Determination of adjustment.--For 
                        purposes of clause (i), the adjustments 
                        described in such clause shall be determined in 
                        such manner as the Secretary, after 
                        consultation with the Administrator of the 
                        Environmental Protection Agency, may provide.
                    ``(G) Other definitions.--For purposes of this 
                paragraph--
                            ``(i) Energy usage intensity.--The term 
                        `energy usage intensity' means the site energy 
                        usage intensity determined in accordance with 
                        such regulations or other guidance as the 
                        Secretary, after consultation with the 
                        Administrator of the Environmental Protection 
                        Agency, may provide and measured in British 
                        thermal units.
                            ``(ii) Qualified professional.--The term 
                        `qualified professional' means an individual 
                        who is a licensed architect or a licenced 
                        engineer and meets such other requirements as 
                        the Secretary may provide.
                    ``(H) Coordination with deduction otherwise allowed 
                under subsection (a).--
                            ``(i) In general.--In the case of any 
                        building with respect to which an election is 
                        made under subparagraph (A), the term `energy 
                        efficient commercial building property' shall 
                        not include any energy efficient retrofit 
                        building property with respect to which a 
                        deduction is allowable under this paragraph.
                            ``(ii) Certain rules not applicable.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), subsection 
                                (d) shall not apply for purposes of 
                                this paragraph.
                                    ``(II) Allocation of deduction by 
                                certain tax-exempt entities.--Rules 
                                similar to subsection (d)(4) 
                                (determined after application of 
                                paragraph (5)) shall apply for purposes 
                                of this paragraph.''.
    (c) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendment made by this section shall apply to 
        taxable years beginning after December 31, 2021.
            (2) Alternative deduction for energy efficient retrofit 
        building property.--Paragraph (6) of section 179D(i) of the 
        Internal Revenue Code of 1986 (as added by this section), and 
        any other provision of such section solely for purposes of 
        applying such paragraph, shall apply to property placed in 
        service after December 31, 2021 (in taxable years ending after 
        such date) if such property is placed in service pursuant to 
        qualified retrofit plan (within the meaning of such section) 
        established after such date.

SEC. 136304. EXTENSION, INCREASE, AND MODIFICATIONS OF NEW ENERGY 
              EFFICIENT HOME CREDIT.

    (a) Extension of Credit.--Section 45L(g) is amended by striking 
``December 31, 2021'' and inserting ``December 31, 2031''.
    (b) Increase in Credit Amounts.--Section 45L(a)(2) is amended to 
read as follows:
            ``(2) Applicable amount.--For purposes of paragraph (1), 
        the applicable amount is an amount equal to--
                    ``(A) in the case of a dwelling unit which is 
                eligible to participate in the Energy Star Residential 
                New Construction Program or the Energy Star 
                Manufactured New Homes program--
                            ``(i) that is described in subsection 
                        (c)(1)(A) (and not described in subsection 
                        (c)(1)(B)), $2,500, and
                            ``(ii) that is described in subsection 
                        (c)(1)(B), $5000, and
                    ``(B) in the case of a dwelling which are part of a 
                building eligible to participate in the Energy Star 
                Multifamily New Construction Program--
                            ``(i) that is described in subsection 
                        (c)(1)(A) (and not described in subsection 
                        (c)(1)(B)), $500, and
                            ``(ii) that is described in subsection 
                        (c)(1)(B), $1000.''.
    (c) Modification of Energy Saving Requirements.--Section 45L(c) is 
amended to read as follows:
    ``(c) Energy Saving Requirements.--
            ``(1) In general.--A dwelling unit meets the energy saving 
        requirements of this subsection if--
                    ``(A) such dwelling unit meets the requirements of 
                paragraph (2) or (3) (whichever is applicable), or
                    ``(B) such dwelling unit is certified as a zero 
                energy ready home under the zero energy ready home 
                program of the Department of Energy (or any successor 
                program determined by the Secretary, after consultation 
                with the Secretary of Energy) as in effect on January 
                1, 2022.
            ``(2) Single-family home requirements.--A dwelling unit 
        meets the requirements of this paragraph if--
                    ``(A) such dwelling unit meets--
                            ``(i) in the case of a dwelling unit 
                        acquired before January 1, 2025, the Energy 
                        Star Single-Family New Homes National Program 
                        Requirements 3.1, and
                            ``(ii) in the case of a dwelling unit 
                        acquired after December 31, 2024, the Energy 
                        Star Single-Family New Homes National Program 
                        Requirements 3.2,
                    ``(B) such dwelling unit meets the most recent 
                Energy Star Single-Family New Homes Program 
                Requirements applicable to the location of such 
                dwelling unit (as in effect on the latter of January 1, 
                2022 or January 1 of two calendar years prior to the 
                date the dwelling was acquired), or
                    ``(C) such dwelling unit meets the most recent 
                Energy Star Manufactured Home National program 
                requirements as in effect on the latter of January 1, 
                2022 or January 1 of two calendar years prior to the 
                date such dwelling unit is acquired.
            ``(3) Multi-family home requirements.--A dwelling unit 
        meets the requirements of this paragraph if--
                    ``(A) such dwelling unit meets the most recent 
                Energy Star Multifamily New Construction National 
                Program Requirements (as in effect on either January 1, 
                2022 or January 1 of three calendar years prior to the 
                date the dwelling was acquired, whichever is later), 
                and
                    ``(B) such dwelling unit meets the most recent 
                Energy Star Multifamily New Construction Regional 
                Program Requirements applicable to the location of such 
                dwelling unit (as in effect on either January 1, 2022 
                or January 1 of three calendar years prior to the date 
                the dwelling was acquired, whichever is later).''.
    (d) Prevailing Wage Requirement.--Section 45L is amended by 
redesignating subsection (g) as subsection (h) and by inserting after 
subsection (f) the following new subsection:
    ``(g) Prevailing Wage Requirement.--
            ``(1) In general.--In the case of a qualifying residence 
        described in subsection (b)(2)(B) meeting the prevailing wage 
        requirements of paragraph (2), the credit amount allowed with 
        respect to such residence shall be--
                    ``(A) $2,500 in the case of a residence described 
                in subparagraph (A) of subsection (c)(1) (and not 
                described in subparagraph (B) of such subsection), and
                    ``(B) $5,000 in the case of a residence described 
                in (c)(1)(B).
            ``(2) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this paragraph with respect to any qualified residence 
                are that the taxpayer shall ensure that any laborers 
                and mechanics employed by contractors and 
                subcontractors in the construction of such residence 
                shall be paid wages at rates not less than the 
                prevailing rates for construction, alteration, or 
                repair of a similar character in the locality as most 
                recently determined by the Secretary of Labor, in 
                accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--In the case of any taxpayer 
                which fails to satisfy the requirement under 
                subparagraph (A) with respect to any qualified 
                residence, rules similar to the rules of section 
                45(b)(8)(B) shall apply for purposes of this paragraph.
            ``(3) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.''.
    (e) Effective Dates.--The amendments made by this section shall 
apply to dwelling units acquired after December 31, 2021.

SEC. 136305. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION 
              SUBSIDIES.

    (a) In General.--Section 136(a) is amended--
            (1) by striking ``any subsidy provided'' and inserting 
        ``any subsidy--
            ``(1) provided'',
            (2) by striking the period at the end and inserting a 
        comma, and
            (3) by adding at the end the following new paragraphs:
            ``(2) provided (directly or indirectly) by a public utility 
        to a customer, or by a State or local government to a resident 
        of such State or locality, for the purchase or installation of 
        any water conservation or efficiency measure,
            ``(3) provided (directly or indirectly) by a storm water 
        management provider to a customer, or by a State or local 
        government to a resident of such State or locality, for the 
        purchase or installation of any storm water management measure, 
        or
            ``(4) provided (directly or indirectly) by a State or local 
        government to a resident of such State or locality for the 
        purchase or installation of any wastewater management measure, 
        but only if such measure is with respect to the taxpayer's 
        principal residence.''.
    (b) Conforming Amendments.--
            (1) Definition of water conservation or efficiency measure 
        and storm water management measure.--Section 136(c) is 
        amended--
                    (A) by striking ``Energy Conservation Measure'' in 
                the heading thereof and inserting ``Definitions'',
                    (B) by striking ``In general'' in the heading of 
                paragraph (1) and inserting ``Energy conservation 
                measure'', and
                    (C) by redesignating paragraph (2) as paragraph (5) 
                and by inserting after paragraph (1) the following:
            ``(2) Water conservation or efficiency measure.--For 
        purposes of this section, the term `water conservation or 
        efficiency measure' means any evaluation of water use, or any 
        installation or modification of property, the primary purpose 
        of which is to reduce consumption of water or to improve the 
        management of water demand with respect to one or more dwelling 
        units.
            ``(3) Storm water management measure.--For purposes of this 
        section, the term `storm water management measure' means any 
        installation or modification of property primarily designed to 
        reduce or manage amounts of storm water with respect to one or 
        more dwelling units.
            ``(4) Wastewater management measure.--For purposes of this 
        section, the term `wastewater management measure' means any 
        installation or modification of property primarily designed to 
        manage wastewater (including septic tanks and cesspools) with 
        respect to one or more dwelling units.''.
            (2) Definition of public utility.--Section 136(c)(5) (as 
        redesignated by paragraph (1)(C)) is amended by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Public utility.--The term `public utility' 
                means a person engaged in the sale of electricity, 
                natural gas, or water to residential, commercial, or 
                industrial customers for use by such customers.
                    ``(C) Storm water management provider.--The term 
                `storm water management provider' means a person 
                engaged in the provision of storm water management 
                measures to the public.
                    ``(D) Person.--For purposes of subparagraphs (B) 
                and (C), the term `person' includes the Federal 
                Government, a State or local government or any 
                political subdivision thereof, or any instrumentality 
                of any of the foregoing.''.
            (3) Clerical amendments.--
                    (A) The heading for section 136 is amended--
                            (i) by inserting ``and water'' after 
                        ``energy'', and
                            (ii) by striking ``provided by public 
                        utilities''.
                    (B) The item relating to section 136 in the table 
                of sections of part III of subchapter B of chapter 1 is 
                amended--
                            (i) by inserting ``and water'' after 
                        ``energy'', and
                            (ii) by striking ``provided by public 
                        utilities''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts received after December 31, 2018.
    (d) No Inference.--Nothing in this Act or the amendments made by 
this Act shall be construed to create any inference with respect to the 
proper tax treatment of any subsidy received directly or indirectly 
from a public utility, a storm water management provider, or a State or 
local government for any water conservation measure or storm water 
management measure before January 1, 2019.

          PART 4--GREENING THE FLEET AND ALTERNATIVE VEHICLES

SEC. 136401. REFUNDABLE NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
              VEHICLE CREDIT FOR INDIVIDUALS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
is amended by inserting after section 36B the following new section:

``SEC. 36C. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this subtitle 
for the taxable year an amount equal to the sum of the credit amounts 
determined under subsection (b) with respect to each new qualified 
plug-in electric drive motor vehicle placed in service by the taxpayer 
during the taxable year.
    ``(b) Per Vehicle Dollar Limitation.--
            ``(1) In general.--The amount determined under this 
        subsection with respect to any new qualified plug-in electric 
        drive motor vehicle is the sum of the amounts determined under 
        paragraphs (2) through (5) with respect to such vehicle (not to 
        exceed 50 percent of the purchase price of such vehicle).
            ``(2) Base amount.--The amount determined under this 
        paragraph is $4,000.
            ``(3) Battery capacity.--In the case of a new qualified 
        plug-in electric drive motor vehicle, the amount determined 
        under this paragraph is $3,500 if--
                    ``(A) in the case of a vehicle placed in service 
                before January 1, 2027, such vehicle draws propulsion 
                energy from a battery with not less than 40 kilowatt 
                hours of capacity, and
                    ``(B) in the case of a vehicle placed in service 
                after December 31, 2026, such vehicle draws propulsion 
                energy from a battery with not less than 50 kilowatt 
                hours of capacity.
            ``(4) Domestic assembly.--In the case of a new qualified 
        plug-in vehicle which satisfies the domestic assembly 
        qualifications, the amount determined under this paragraph is 
        $4,500.
            ``(5) Domestic content.--In the case of a new qualified 
        plug-in vehicle which satisfies domestic content 
        qualifications, the amount determined under this paragraph is 
        $500.
    ``(c) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount of the credit allowable under 
        subsection (a) shall be reduced (but not below zero) by $200 
        for each $1,000 (or fraction thereof) by which the taxpayer's 
        modified adjusted gross income exceeds the threshold amount. 
        For purposes of the preceding sentence, the term `modified 
        adjusted gross income' means adjusted gross income increased by 
        any amount excluded from gross income under section 911, 931, 
        or 933.
            ``(2) Special rule for determination of modified adjusted 
        gross income.--The modified adjusted gross income of the 
        taxpayer that is taken into account for purposes of paragraph 
        (1) shall be the lesser of--
                    ``(A) the modified adjusted gross income for the 
                taxable year in which the credit is claimed, or
                    ``(B) the modified adjusted gross income for the 
                immediately preceding taxable year.
            ``(3) Threshold amount.--For purposes of paragraph (1), the 
        term `threshold amount' means--
                    ``(A) $800,000 in the case of a joint return or 
                surviving spouse (half such amount for married filing 
                separately),
                    ``(B) $600,000 in the case of a head of household, 
                and
                    ``(C) $400,000 in any other case.
    ``(d) Manufacturer's Suggested Retail Price Limitation.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) for a vehicle with a manufacturer's suggested 
        retail price in excess of the applicable limitation.
            ``(2) Applicable limitation.--For purposes of paragraph 
        (1), the applicable limitation for each vehicle classification 
        is as follows:
                    ``(A) Sedans.--In the case of a sedan, $55,000.
                    ``(B) Vans.--In the case of a van, $64,000.
                    ``(C) Sport utility vehicles.--In the case of a 
                sport utility vehicle, $69,000.
                    ``(D) Pickup trucks.--In the case of a pickup 
                truck, $74,000.
            ``(3) Regulations.--For purposes of this subsection, the 
        Secretary shall prescribe regulations for determining vehicle 
        classifications using criteria similar to that employed by the 
        Environmental Protection Agency and the Department of Energy to 
        determine size and class of vehicles.
    ``(e) New Qualified Plug-in Electric Drive Motor Vehicle.--For 
purposes of this section--
            ``(1) In general.--The term `new qualified plug-in electric 
        drive motor vehicle' means a motor vehicle--
                    ``(A) the original use of which commences with the 
                taxpayer,
                    ``(B) which is acquired for use by the taxpayer and 
                not for resale,
                    ``(C) which is made by a qualified manufacturer,
                    ``(D) which is treated as a motor vehicle for 
                purposes of title II of the Clean Air Act,
                    ``(E) which has a gross vehicle weight rating of 
                less than 14,000 pounds,
                    ``(F) which is propelled to a significant extent by 
                an electric motor which draws electricity from a 
                battery which--
                            ``(i) has a capacity of--
                                    ``(I) in the case of a vehicle 
                                placed in service in 2022 or 2023, not 
                                less than 7 kilowatt hours, and
                                    ``(II) in the case of a vehicle 
                                placed in service after 2023, not less 
                                than 10 kilowatt hours, and
                            ``(ii) is capable of being recharged from 
                        an external source of electricity,
                    ``(G) for which, in the case of a vehicle placed 
                into service after December 31, 2026, final assembly is 
                within the United States, and
                    ``(H) is not of a character subject to an allowance 
                for depreciation.
            ``(2) Motor vehicle.--The term `motor vehicle' means any 
        vehicle which is manufactured primarily for use on public 
        streets, roads, and highways (not including a vehicle operated 
        exclusively on a rail or rails) and which has at least 4 
        wheels.
            ``(3) Qualified manufacturer.--The term `qualified 
        manufacturer' means any manufacturer (within the meaning of the 
        regulations prescribed by the Administrator of the 
        Environmental Protection Agency for purposes of the 
        administration of title II of the Clean Air Act (42 U.S.C. 7521 
        et seq.) which enters into a written agreement with the 
        Secretary under which such manufacturer agrees--
                    ``(A) to ensure that each vehicle manufactured by 
                such manufacturer after the later of the date on which 
                such agreement takes effect or December 31, 2021, and 
                that meets the requirements of subparagraphs (D), (E), 
                and (F) of paragraph (1) and paragraph (6) of 
                subsection (e) is labeled with a unique vehicle 
                identification number, and
                    ``(B) to make periodic written reports to the 
                Secretary (at such times and in such manner as the 
                Secretary may provide) providing such vehicle 
                identification numbers and such other information 
                related to such vehicle as the Secretary may require.
            ``(4) Battery capacity.--The term `capacity' means, with 
        respect to any battery, the quantity of electricity which the 
        battery is capable of storing, expressed in kilowatt hours, as 
        measured from a 100 percent state of charge to a 0 percent 
        state of charge.
    ``(f) Special Rules.--
            ``(1) Basis reduction.--For purposes of this subtitle, the 
        basis of any property for which a credit is allowable under 
        subsection (a) shall be reduced by the amount of such credit so 
        allowed.
            ``(2) No double benefit.--The amount of any deduction or 
        other credit allowable under this chapter for a vehicle for 
        which a credit is allowable under subsection (a) shall be 
        reduced by the amount of credit allowed under such subsection 
        for such vehicle.
            ``(3) Property used outside united states not qualified.--
        No credit shall be allowable under subsection (a) with respect 
        to any property referred to in section 50(b)(1).
            ``(4) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit of any credit allowable 
        under subsection (a) with respect to any property which ceases 
        to be property eligible for such credit.
            ``(5) Election not to take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the taxpayer 
        elects to not have this section apply to such vehicle.
            ``(6) Interaction with air quality and motor vehicle safety 
        standards.--A vehicle shall not be considered eligible for a 
        credit under this section unless such vehicle is in compliance 
        with--
                    ``(A) the applicable provisions of the Clean Air 
                Act for the applicable make and model year of the 
                vehicle (or applicable air quality provisions of State 
                law in the case of a State which has adopted such 
                provision under a waiver under section 209(b) of the 
                Clean Air Act), and
                    ``(B) the motor vehicle safety provisions of 
                sections 30101 through 30169 of title 49, United States 
                Code.
    ``(g) Credit Allowed for 2 and 3-wheeled Plug-in Electric 
Vehicles.--
            ``(1) In general.--In the case of a qualified 2- or 3-
        wheeled plug-in electric vehicle--
                    ``(A) there shall be allowed as a credit against 
                the tax imposed by this subtitle for the taxable year 
                an amount equal to the sum of the applicable amount 
                with respect to each such qualified 2- or 3-wheeled 
                plug-in electric vehicle placed in service by the 
                taxpayer during the taxable year, and
                    ``(B) the amount of the credit allowed under 
                subparagraph (A) shall be treated as a credit allowed 
                under subsection (a).
            ``(2) Applicable amount.--For purposes of paragraph (1), 
        the applicable amount is an amount equal to the lesser of--
                    ``(A) 10 percent of the cost of the qualified 2- or 
                3-wheeled plug-in electric vehicle, or
                    ``(B) $2,500.
            ``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
        The term `qualified 2- or 3-wheeled plug-in electric vehicle' 
        means any vehicle which--
                    ``(A) has 2 or 3 wheels,
                    ``(B) meets the requirements of subparagraphs (A), 
                (B), (C), (E), (F), and (G) of subsection (e)(1) 
                (determined by substituting `2.5 kilowatt hours' for `7 
                kilowatt hours' in subparagraph (F)(i)(I) and by 
                substituting `2.5 kilowatt hours' for `10 kilowatt 
                hours' in subparagraph (F)(i)(II)),
                    ``(C) is manufactured primarily for use on public 
                streets, roads, and highways, and
                    ``(D) is capable of achieving a speed of 45 miles 
                per hour or greater.
    ``(h) VIN Number Requirement.--No credit shall be allowed under 
this section with respect to any vehicle unless the taxpayer includes 
the vehicle identification number of such vehicle on the return of tax 
for the taxable year.
    ``(i) Treatment of Certain Possessions.--
            ``(1) Payments to possessions with mirror code tax 
        systems.--The Secretary shall pay to each possession 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 
        application of the provisions of this section (determined 
        without regard to this subsection). Such amounts shall be 
        determined by the Secretary based on information provided by 
        the government of the respective possession.
            ``(2) Payments to other possessions.--The Secretary shall 
        pay to each possession of the United States which does not have 
        a mirror code tax system amounts estimated by the Secretary as 
        being equal to the aggregate benefits (if any) that would have 
        been provided to residents of such possession by reason of the 
        provisions of 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 under which such possession will 
        promptly distribute such payments to its residents.
            ``(3) Mirror code tax system; treatment of payments.--Rules 
        similar to the rules of paragraphs (4) and (5) of section 21(h) 
        shall apply for purposes of this section.
    ``(j) Assembly and Content Qualifications.--For purposes of this 
section--
            ``(1) Domestic assembly qualifications.--The term `domestic 
        assembly qualifications' means, with respect to any new 
        qualified plug-in electric vehicle, that the final assembly of 
        such vehicle occurs at a plant, factory, or other place which 
        is operating under a collective bargaining agreement negotiated 
        by an employee organization (as defined in section 412(c)(4)), 
        determined in a manner consistent with section 7701(a)(46).
            ``(2) Domestic content qualifications.--The term `domestic 
        content qualifications' means, with respect to any model of a 
        new qualified plug-in electric vehicle, that vehicles of that 
        model--
                    ``(A) are assembled by a manufacturer which 
                utilizes not less than 50 percent domestic content in 
                the component parts for final assembly of such 
                vehicles, and
                    ``(B) are powered by battery cells which are 
                manufactured in the United States (with suchbattery 
                cells to be included for purposes of the requirement 
                described in subparagraph (A)), as certified by the 
                manufacturer, at such time, and in such form and 
                manner, as the Secretary may prescribe.
            ``(3) Final assembly.--The term `final assembly' means the 
        process by which a manufacturer produces a new qualified plug-
        in electric vehicle at, or through the use of, a plant, 
        factory, or other place from which the vehicle is delivered to 
        a dealer or importer with all component parts necessary for the 
        mechanical operation of the vehicle included with the vehicle, 
        whether or not the component parts are permanently installed in 
        or on the vehicle.
    ``(k) Termination.--No credit shall be allowed under this section 
with respect to any vehicle acquired after December 31, 2031.''.
    (b) Transfer of Credit.--Subsection (f) of section 36C is amended 
by adding at the end the following new paragraphs:
            ``(7) In general.--Subject to such regulations or other 
        guidance as the Secretary determines necessary or appropriate, 
        if, with respect to the credit allowed under subsection (a) for 
        any taxable year, the taxpayer elects the application of this 
        subparagraph for such taxable year with respect to such credit, 
        the eligible entity specified in such election, and not the 
        taxpayer who has purchased or leased the vehicle, shall be 
        treated as the taxpayer for purposes of this title with respect 
        to such credit.
            ``(8) Eligible entity.--For purposes of this paragraph, the 
        term `eligible entity' means, with respect to the vehicle for 
        which the credit is allowed under subsection (a), the dealer 
        which sold such vehicle to the taxpayer and has--
                    ``(A) subject to paragraph (10), registered with 
                the Secretary for purposes of this paragraph, at such 
                time, and in such form and manner, as the Secretary may 
                prescribe,
                    ``(B) prior to the election described in paragraph 
                (7), disclosed to the taxpayer purchasing such 
                vehicle--
                            ``(i) the manufacturer's suggested retail 
                        price,
                            ``(ii) the value of the credit allowed or 
                        other incentive available for the purchase or 
                        lease of such vehicle,
                            ``(iii) all fees associated with the 
                        purchase or lease of such vehicle, and
                            ``(iv) the amount provided by the dealer to 
                        such taxpayer as a condition of the election 
                        described in paragraph (7),
                    ``(C) made payment to such taxpayer (whether in 
                cash or in the form of a partial payment or down 
                payment for the purchase of such vehicle) in an amount 
                equal to the credit otherwise allowable to such 
                taxpayer, and
                    ``(D) with respect to any incentive otherwise 
                available for the purchase of a vehicle for which a 
                credit is allowed under this section, including any 
                incentive in the form of a rebate or discount provided 
                by the dealer or manufacturer, ensured that--
                            ``(i) the availability or use of such 
                        incentive shall not limit the ability of a 
                        taxpayer to make an election described in 
                        paragraph (7), and
                            ``(ii) such election shall not limit the 
                        value or use of such incentive.
            ``(9) Timing.--An election described in paragraph (7) shall 
        be made by the taxpayer not later than the date on which the 
        vehicle for which the credit is allowed under subsection (a) is 
        purchased.
            ``(10) Revocation of registration.--Upon determination by 
        the Secretary that a dealer has failed to comply with the 
        requirements described in paragraph (8), the Secretary may 
        revoke the registration (as described in subparagraph (A) of 
        such subparagraph) of such dealer.
            ``(11) Tax treatment of payments.--With respect to any 
        payment described in paragraph (8)(C), such payment--
                    ``(A) shall not be includible in the gross income 
                of the taxpayer, and
                    ``(B) with respect to the dealer, shall not be 
                deductible under this title.
            ``(12) Advance payment to registered dealers.--
                    ``(A) In general.--The Secretary shall establish a 
                program to make advance payments to any eligible entity 
                in an amount equal to the cumulative amount of the 
                credits allowed under subsection (a) with respect to 
                any vehicles sold by such entity for which an election 
                described in paragraph (1) has been made.
                    ``(B) Excessive payments.--Rules similar to the 
                rules of section 6417(c)(8) shall apply for purposes of 
                this subparagraph.
            ``(13) Dealer.--For purposes of this paragraph, the term 
        `dealer' means a person licensed by a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, any other territory 
        or possession of the United States, or an Indian Tribe (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304)) to engage in the 
        sale of vehicles.''.
    (c) Repeal of Nonrefundable New Qualified Plug-in Electric Drive 
Motor Vehicle Credit.--Subpart B of part IV of subchapter A of chapter 
1 is amended by striking section 30D (and by striking the item relating 
to such section in the table of sections of such subpart).
    (d) Conforming Amendments.--
            (1) Section 1016(a)(37) is amended by striking ``section 
        30D(f)(1)'' and inserting ``section 36C(f)(1)''.
            (2) Section 6211(b)(4)(A) is amended by inserting ``36C,'' 
        after ``36B,''.
            (3) Section 6213(g)(2), as amended by the preceding 
        provisions of this Act, is amended--
                    (A) in subparagraph (R), by striking ``and'' at the 
                end,
                    (B) in subparagraph (S), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(T) an omission of a correct vehicle 
                identification number required under section 36C(f) 
                (relating to credit for new qualified plug-in electric 
                drive motor vehicles) to be included on a return.''.
            (4) Section 6501(m) is amended by striking ``30D(e)(4)'' 
        and inserting ``36C(f)(5)''.
            (5) Section 166(b)(5)(A)(ii) of title 23, United States 
        Code, is amended by striking ``section 30D(d)(1)'' and 
        inserting ``section 36C(e)(1)''.
            (6) Section 1324(b)(2) of title 31, United States Code, is 
        amended by inserting ``36C,'' after ``36B,''.
            (7) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 36B the following new item:

``Sec. 36C. New qualified plug-in electric drive motor vehicles.''.
    (e) Effective Dates.--
            (1) The amendments made by subsections (a), (c), and (d) of 
        this section shall apply to vehicles acquired after December 
        31, 2021.
            (2) The amendments made by subsection (b) shall apply to 
        vehicles purchased or leased after December 31, 2022.

SEC. 136402. CREDIT FOR PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC 
              DRIVE MOTOR VEHICLES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
inserting after section 36C the following new section:

``SEC. 36D. PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
              VEHICLES.

    ``(a) Allowance of Credit.--In the case of a qualified buyer who 
during a taxable year places in service a previously-owned qualified 
plug-in electric drive motor vehicle, there shall be allowed as a 
credit against the tax imposed by this subtitle for the taxable year an 
amount equal to the sum of--
            ``(1) $1,250, plus
            ``(2) in the case of a vehicle which draws propulsion 
        energy from a battery which exceeds 4 kilowatt hours of 
        capacity (determined at the time of sale), the lesser of--
                    ``(A) $1,250, and
                    ``(B) the product of $208.50 and such excess 
                kilowatt hours.
    ``(b) Limitations.--
            ``(1) Sale price.--The credit allowed under subsection (a) 
        with respect to sale of a vehicle shall not exceed 30 percent 
        of the sale price.
            ``(2) Adjusted gross income.--The amount which would (but 
        for this paragraph) be allowed as a credit under subsection (a) 
        shall be reduced (but not below zero) by $200 for each $1,000 
        (or fraction thereof) by which the taxpayer's adjusted gross 
        income exceeds--
                    ``(A) $150,000 in the case of a joint return or a 
                surviving spouse (as defined in section 2(a)),
                    ``(B) $112,500 in the case of a head of household 
                (as defined in section 2(b)), and
                    ``(C) $75,000 in the case of a taxpayer not 
                described in paragraph (1) or (2).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Previously-owned qualified plug-in electric drive 
        motor vehicle.--The term `previously-owned qualified plug-in 
        electric drive motor vehicle' means, with respect to a 
        taxpayer, a motor vehicle--
                    ``(A) the model year of which is at least 2 earlier 
                than the calendar year in which the taxpayer acquires 
                such vehicle,
                    ``(B) the original use of which commences with a 
                person other than the taxpayer,
                    ``(C) which is acquired by the taxpayer in a 
                qualified sale,
                    ``(D) registered by the taxpayer for operation in a 
                State or possession of the United States, and
                    ``(E) which meets the requirements of subparagraphs 
                (C), (D), (E), (F), and (G) of section 36C(e)(1).
            ``(2) Qualified sale.--The term `qualified sale' means a 
        sale of a motor vehicle--
                    ``(A) by a seller who holds such vehicle in 
                inventory (within the meaning of section 471) for sale 
                or lease,
                    ``(B) for a sale price not to exceed $25,000, and
                    ``(C) which is the first transfer since the date of 
                the enactment of this section to a person other than 
                the person with whom the original use of such vehicle 
                commenced.
            ``(3) Qualified buyer.--The term `qualified buyer' means, 
        with respect to a sale of a motor vehicle, a taxpayer--
                    ``(A) who is an individual,
                    ``(B) who purchases such vehicle for use and not 
                for resale,
                    ``(C) with respect to whom no deduction is 
                allowable with respect to another taxpayer under 
                section 151,
                    ``(D) who has not been allowed a credit under this 
                section for any sale during the 3-year period ending on 
                the date of the sale of such vehicle, and
                    ``(E) who possesses a certificate issued by the 
                seller that certifies--
                            ``(i) that the vehicle is a previously-
                        owned qualified plug-in electric drive motor 
                        vehicle,
                            ``(ii) the vehicle identification number of 
                        such vehicle,
                            ``(iii) the capacity of the battery at time 
                        of sale, and
                            ``(iv) such other information as the 
                        Secretary may require.
            ``(4) Motor vehicle; capacity.--The terms `motor vehicle' 
        and `capacity' have the meaning given such terms in paragraphs 
        (2) and (4) of section 36C(e), respectively.
    ``(d) VIN Number Requirement.--No credit shall be allowed under 
subsection (a) with respect to any vehicle unless the taxpayer includes 
the vehicle identification number of such vehicle on the return of tax 
for the taxable year.
    ``(e) Application of Certain Rules.--For purposes of this section, 
rules similar to the rules of paragraphs (1), (2), (4), (5), (6) and 
(7) of section 36C(f) shall apply for purposes of this section.
    ``(f) Certificate Submission Requirement.--The Secretary may 
require that the issuer of the certificate described in subsection 
(c)(3)(E) submit such certificate to the Secretary at the time and in 
the manner required by the Secretary.
    ``(g) Treatment of Certain Possessions.--
            ``(1) Payments to possessions with mirror code tax 
        systems.--The Secretary shall pay to each possession 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 
        application of the provisions of this section. Such amounts 
        shall be determined by the Secretary based on information 
        provided by the government of the respective possession.
            ``(2) Payments to other possessions.--The Secretary shall 
        pay to each possession of the United States which does not have 
        a mirror code tax system amounts estimated by the Secretary as 
        being equal to the aggregate benefits (if any) that would have 
        been provided to residents of such possession by reason of the 
        provisions of 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 under which such possession will 
        promptly distribute such payments to its residents.
            ``(3) Mirror code tax system; treatment of payments.--Rules 
        similar to the rules of paragraphs (4) and (5) of section 21(h) 
        shall apply for purposes of this section.
    ``(h) Termination.--No credit shall be allowed under this section 
with respect to any vehicle acquired after December 31, 2031.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A), as amended by the preceding 
        provisions of this Act, is amended by inserting ``36D,'' after 
        ``36C,''.
            (2) Section 6213(g)(2), as amended by the preceding 
        provisions of this Act, is amended--
                    (A) in subparagraph (S), by striking ``and'' at the 
                end,
                    (B) in subparagraph (T), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(U) an omission of a correct vehicle 
                identification number required under section 36D(d) 
                (relating to credit for previously-owned qualified 
                plug-in electric drive motor vehicles) to be included 
                on a return.''.
            (3) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, as amended by the preceding provisions of this 
        Act, is amended by inserting ``36D,'' after ``36C,''.
    (c) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1, as amended by the preceding 
provisions of this Act, is amended by inserting after the item relating 
to section 36C the following new item:

``Sec. 36D. Previously-owned qualified plug-in electric drive motor 
                            vehicles.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2021.

SEC. 136403. QUALIFIED COMMERCIAL ELECTRIC VEHICLES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 45Y. CREDIT FOR QUALIFIED COMMERCIAL ELECTRIC VEHICLES.

    ``(a) In General.--For purposes of section 38, the qualified 
commercial electric vehicle credit for any taxable year is an amount 
equal to the sum of the credit amounts determined under subsection (b) 
with respect to each qualified commercial electric vehicle placed in 
service by the taxpayer during the taxable year.
    ``(b) Per Vehicle Amount.--The amount determined under this 
subsection with respect to any qualified commercial electric vehicle 
shall be equal to 30 percent of the basis of such vehicle.
    ``(c) Qualified Commercial Electric Vehicle.--For purposes of this 
section, the term `qualified commercial electric vehicle' means any 
vehicle which--
            ``(1) meets the requirements of subparagraphs (A) and (C) 
        of section 36C(e)(1) without regard to any gross vehicle weight 
        rating, and is acquired for use or lease by the taxpayer and 
        not for resale,
            ``(2) either--
                    ``(A) meets the requirements of subparagraph (D) of 
                section 36C(e)(1), or
                    ``(B) is mobile machinery, as defined in section 
                4053(8),
            ``(3) is primarily propelled by an electric motor which 
        draws electricity from a battery which--
                    ``(A) has a capacity of not less than 30 kilowatt 
                hours,
                    ``(B) is capable of being recharged from an 
                external source of electricity,
                    ``(C) is not powered or charged by an internal 
                combustion engine, or
                    ``(D) is a new qualified fuel cell motor vehicle 
                described in subparagraphs (A) and (B) of section 
                30B(b)(3), and
            ``(4) is of a character subject to the allowance for 
        depreciation.
    ``(d) Special Rules.--
            ``(1) In general.--Rules similar to the rules under 
        subsection (f) of section 36C shall apply for purposes of this 
        section.
            ``(2) Property used by tax-exempt entity.--In the case of a 
        vehicle the use of which is described in paragraph (3) or (4) 
        of section 50(b) and which is not subject to a lease, the 
        person who sold such vehicle to the person or entity using such 
        vehicle shall be treated as the taxpayer that placed such 
        vehicle in service, but only if such person clearly discloses 
        to such person or entity in a document the amount of any credit 
        allowable under subsection (a) with respect to such vehicle.
    ``(e) VIN Number Requirement.--No credit shall be determined under 
subsection (a) with respect to any vehicle unless the taxpayer includes 
the vehicle identification number of such vehicle on the return of tax 
for the taxable year.
    ``(f) Termination.--No credit shall be determined under this 
section with respect to any vehicle acquired after December 31, 
2031.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) is amended by striking paragraph (30) and 
        inserting the following:
            ``(30) the qualified commercial electric vehicle credit 
        determined under section 45Y,''.
            (2) Section 6213(g)(2), as amended by the preceding 
        provisions of this Act, is amended--
                    (A) in subparagraph (T), by striking ``and'' at the 
                end,
                    (B) in subparagraph (U), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(V) an omission of a correct vehicle 
                identification number required under section 45Y(e) 
                (relating to commercial electric vehicle credit) to be 
                included on a return.''.
            (3) 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. 45Y. Qualified commercial electric vehicle credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to vehicles acquired after December 31, 2021.

SEC. 136404. QUALIFIED FUEL CELL MOTOR VEHICLES.

    (a) In General.--Section 30B(k)(1) is amended by striking 
``December 31, 2021'' and inserting ``December 31, 2031''.
    (b) New Qualified Fuel Cell Motor Vehicle.--Section 30B(b) is 
amended by striking ``and'' at the end of subparagraph (D), by striking 
the period at the end of subparagraph (E) and inserting ``, and'', and 
by adding at the end the following new subparagraph:
                    ``(F) which is not property of a character subject 
                to an allowance for depreciation.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2021.

SEC. 136405. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C(g) is amended by striking ``December 
31, 2021'' and inserting ``December 31, 2031''.
    (b) Additional Credit for Certain Electric Charging Property.--
            (1) In general.--Section 30C(a) is amended--
                    (A) by striking ``equal to 30 percent'' and 
                inserting the following: ``equal to the sum of--
            ``(1) 30 percent'',
                    (B) by striking the period at the end and inserting 
                ``, plus'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) 20 percent of so much of such cost as exceeds the 
        limitation under subsection (b)(1) that does not exceed the 
        amount of cost attributable to qualified alternative vehicle 
        refueling property (determined without regard to subsection 
        (c)(1) and as if only electricity, and fuel at least 85 percent 
        of the volume of which consists of hydrogen, were treated as 
        clean-burning fuels for purposes of section 179A(d)) which--
                    ``(A) is intended for general public use with no 
                associated fee or payment arrangement,
                    ``(B) is intended for general public use and 
                accepts payment via a credit card reader, including a 
                credit card reader that uses contactless technology, or
                    ``(C) is intended for use exclusively by fleets of 
                commercial or governmental vehicles.''.
            (2) Conforming amendment.--Section 30C(b) is amended--
                    (A) by striking ``The credit allowed under 
                subsection (a)'' and inserting ``The amount of cost 
                taken into account under subsection (a)(1)'',
                    (B) by striking ``$30,000'' and inserting 
                ``$100,000'', and
                    (C) by striking ``$1,000'' and inserting 
                ``$3,333.33''.
            (3) Bidirectional charging equipment included as qualified 
        alternative fuel vehicle refueling property.--Section 30C(c) is 
        amended--
                    (A) by striking ``For purposes of this section, the 
                term'' and inserting ``For purposes of this section--
            ``(1) In general.--The term'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Bidirectional charging equipment.--Property shall not 
        fail to be treated as qualified alternative vehicle refueling 
        property solely because such property--
                    ``(A) is capable of charging the battery of a motor 
                vehicle propelled by electricity, and
                    ``(B) allows discharging electricity from such 
                battery to an electric load external to such motor 
                vehicle.''.
    (c) Certain Electric Charging Stations Included as Qualified 
Alternative Fuel Vehicle Refueling Property.--Section 30C is amended by 
redesignating subsections (f) and (g) as subsections (g) and (h), 
respectively, and by inserting after subsection (e) the following:
    ``(f) Special Rule for Electric Charging Stations for Certain 
Vehicles With 2 or 3 Wheels.--For purposes of this section--
            ``(1) In general.--The term `qualified alternative fuel 
        vehicle refueling property' includes any property described in 
        subsection (c) for the recharging of a motor vehicle described 
        in paragraph (2) that is propelled by electricity, but only if 
        the property--
                    ``(A) meets the requirements of subsection (a)(2), 
                and
                    ``(B) is of a character subject to depreciation.
            ``(2) Motor vehicle.--A motor vehicle is described in this 
        paragraph if the motor vehicle--
                    ``(A) is manufactured primarily for use on public 
                streets, roads, or highways (not including a vehicle 
                operated exclusively on a rail or rails), and
                    ``(B) has at least 2, but not more than 3, 
                wheels.''.
    (d) Wage and Apprenticeship Requirements.--Section 30C, as amended 
by this section, is further amended by redesignating subsections (g) 
and (h) as subsections (h) and (i) and by inserting after subsection 
(f) the following new subsection:
    ``(g) Wage and Apprenticeship Requirements.--
            ``(1) Base credit amount and increased credit amount.--
                    ``(A) In general.--In the case of any qualified 
                alternative fuel vehicle refueling property which does 
                not satisfy the requirements of subparagraph (B), the 
                amount of the credit determined under subsection (a) 
                shall be 20 percent of such amount (determined without 
                regard to this sentence).
                    ``(B) Increased credit for certain qualified 
                alternative fuel vehicle refueling property meeting 
                project requirements.--
                            ``(i) In general.--In the case of any 
                        qualified alternative fuel vehicle refueling 
                        property which meets the project requirements 
                        of this subparagraph, subparagraph (A) shall 
                        not apply.
                            ``(ii) Project requirements.--A project 
                        meets the requirements of this subparagraph if 
                        it is one of the following:
                                    ``(I) A project which commences 
                                construction prior to the date of the 
                                enactment of this paragraph.
                                    ``(II) A project which satisfies 
                                the requirements of paragraphs (2) and 
                                (3).
            ``(2) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this subparagraph with respect to any qualified 
                alternative fuel vehicle refueling property are that 
                the taxpayer shall ensure that any laborers and 
                mechanics employed by contractors and subcontractors in 
                the construction of such property shall be paid wages 
                at rates not less than the prevailing rates for 
                construction, alteration, or repair of a similar 
                character in the locality as most recently determined 
                by the Secretary of Labor, in accordance with 
                subchapter IV of chapter 31 of title 40, United States 
                Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--In the case of any taxpayer 
                which fails to satisfy the requirement under 
                subparagraph (A) with respect to such qualified 
                alternative fuel vehicle refueling property, rules 
                similar to the rules of section 45(b)(8)(B) shall apply 
                for purposes of this paragraph.
            ``(3) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to the construction 
        of any qualified alternative fuel vehicle refueling property 
        are as follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction on any project 
                        shall, subject to subparagraph (B), ensure that 
                        not less than the applicable percentage of the 
                        total labor hours of such work be performed by 
                        qualified apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).
            ``(4) Regulations and guidance.--The Secretary shall issue 
        such regulations or other guidance as the Secretary determines 
        necessary or appropriate to carry out the purposes of this 
        subsection.''.
    (e) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2021.

SEC. 136406. REINSTATEMENT AND EXPANSION OF EMPLOYER-PROVIDED FRINGE 
              BENEFITS FOR BICYCLE COMMUTING.

    (a) Repeal of Suspension of Exclusion for Qualified Bicycle 
Commuting Benefits.--Section 132(f) is amended by striking paragraph 
(8).
    (b) Expansion of Bicycle Commuting Benefits.--Section 132(f)(5)(F) 
is amended to read as follows:
                    ``(F) Definitions related to bicycle commuting 
                benefits.--
                            ``(i) Qualified bicycle commuting 
                        benefit.--The term `qualified bicycle commuting 
                        benefit' means, with respect to any calendar 
                        year--
                                    ``(I) any employer reimbursement 
                                during the 15-month period beginning 
                                with the first day of such calendar 
                                year for reasonable expenses incurred 
                                by the employee during such calendar 
                                year for the purchase (including 
                                associated finance charges), lease, 
                                rental (including a bikeshare), 
                                improvement, repair, or storage of 
                                qualified commuting property, or
                                    ``(II) the provision by the 
                                employer to the employee during such 
                                calendar year of the use (including a 
                                bikeshare), improvement, repair, or 
                                storage of qualified commuting 
                                property,
                        if the employee regularly uses such qualified 
                        commuting property for travel between the 
                        employee's residence, place of employment, or a 
                        mass transit facility that connects the 
                        employee to their residence or place of 
                        employment.
                            ``(ii) Qualified commuting property.--The 
                        term `qualified commuting property' means--
                                    ``(I) any bicycle (other than a 
                                bicycle equipped with any motor),
                                    ``(II) any electric bicycle which 
                                meets the requirements of section 
                                36E(c)(5),
                                    ``(III) any 2- or 3-wheel scooter 
                                (other than a scooter equipped with any 
                                motor), and
                                    ``(IV) any 2- or 3-wheel scooter 
                                propelled by an electric motor if such 
                                motor does not provide assistance if 
                                the speed of such scooter exceeds 20 
                                miler per hour (or if the speed of such 
                                scooter is not capable of exceeding 20 
                                miles per hour) and the weight of such 
                                scooter does not exceed 100 pounds.
                            ``(iii) Bikeshare.--The term `bikeshare' 
                        means a rental operation at which qualified 
                        commuting property is made available to 
                        customers to pick up and drop off for point-to-
                        point use within a defined geographic area.''.
    (c) Limitation on Exclusion.--Section 132(f)(2)(C) is amended to 
read as follows:
                    ``(C) 30 percent of the dollar amount in effect 
                under subparagraph (B) per month in the case of any 
                qualified bicycle commuting benefit.''.
    (d) No Constructive Receipt.--Section 132(f)(4) is amended by 
striking ``(other than a qualified bicycle commuting reimbursement)''.
    (e) Conforming Amendment.--Section 132(f)(1)(D) is amended by 
striking ``reimbursement'' and inserting ``benefit''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 136407. CREDIT FOR CERTAIN NEW ELECTRIC BICYCLES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
inserting after section 36D the following new section:

``SEC. 36E. ELECTRIC BICYCLES.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an amount 
equal to 15 percent of the cost of each qualified electric bicycle 
placed in service by the taxpayer during such taxable year.
    ``(b) Limitations.--
            ``(1) Limitation on cost per electric bicycle taken into 
        account.--The amount taken into account under subsection (a) as 
        the cost of any qualified electric bicycle shall not exceed 
        $5,000.
            ``(2) Bicycle limitation with respect to credit.--
                    ``(A) Limitation on number of personal-use 
                bicycles.--In the case of any taxpayer for any taxable 
                year, the number of personal-use bicycles taken into 
                account under subsection (a) shall not exceed the 
                excess (if any) of--
                            ``(i) 1 (2 in the case of a joint return), 
                        reduced by
                            ``(ii) the aggregate number of bicycles 
                        taken into account by the taxpayer under 
                        subsection (a) for the 2 preceding taxable 
                        years.
                    ``(B) Phaseout based on modified adjusted gross 
                income.--So much of the credit allowed under subsection 
                (a) to any taxpayer for any taxable year as would (but 
                for this subparagraph) be treated under subsection 
                (c)(2) as a credit allowable under subpart C shall be 
                reduced by $200 for each $1,000 (or fraction thereof) 
                by which the taxpayer's modified adjusted gross income 
                exceeds--
                            ``(i) $150,000 in the case of a joint 
                        return or a surviving spouse (as defined in 
                        section 2(a)),
                            ``(ii) $112,500 in the case of a head of 
                        household (as defined in section 2(b)), and
                            ``(iii) $75,000 in the case of a taxpayer 
                        not described in clause (i) or (ii).
                    ``(C) Modified adjusted gross income.--For purposes 
                of subparagraph (B), the term `modified adjusted gross 
                income' means adjusted gross income increased by any 
                amount excluded from gross income under section 911, 
                931, or 933.
                    ``(D) Special rule for determination of modified 
                adjusted gross income.--The modified adjusted gross 
                income of the taxpayer that is taken into account for 
                purposes of this paragraph shall be the lesser of--
                            ``(i) the modified adjusted gross income 
                        for the taxable year in which the credit is 
                        claimed, or
                            ``(ii) the modified adjusted gross income 
                        for the immediately preceding taxable year.
    ``(c) Qualified Electric Bicycle.--For purposes of this section, 
the term `qualified electric bicycle' means a bicycle--
            ``(1) the original use of which commences with the 
        taxpayer,
            ``(2) which is acquired for use by the taxpayer and not for 
        resale,
            ``(3) which is made by a qualified manufacturer and is 
        labeled with the qualified vehicle identification number 
        assigned to such bicycle by such manufacturer,
            ``(4) with respect to which the aggregate amount paid for 
        such acquisition does not exceed $8,000, and
            ``(5) which is equipped with--
                    ``(A) fully operable pedals,
                    ``(B) a saddle or seat for the rider, and
                    ``(C) an electric motor of less than 750 watts 
                which is designed to provided assistance in propelling 
                the bicycle and--
                            ``(i) does not provide such assistance if 
                        the bicycle is moving in excess of 20 miler per 
                        hour, or
                            ``(ii) if such motor only provides such 
                        assistance when the rider is pedaling, does not 
                        provide such assistance if the bicycle is 
                        moving in excess of 28 miles per hour.
    ``(d) VIN Number Requirement.--
            ``(1) In general.--No credit shall be allowed under 
        subsection (a) with respect to any qualified electric bicycle 
        unless the taxpayer includes the qualified vehicle 
        identification number of such bicycle on the return of tax for 
        the taxable year.
            ``(2) Qualified vehicle identification number.--For 
        purposes of this section, the term `qualified vehicle 
        identification number' means, with respect to any bicycle, the 
        vehicle identification number assigned to such bicycle by a 
        qualified manufacturer pursuant to the methodology referred to 
        in paragraph (3).
            ``(3) Qualified manufacturer.--For purposes of this 
        section, the term `qualified manufacturer' means any 
        manufacturer of qualified electric bicycles which enters into 
        an agreement with the Secretary which provides that such 
        manufacturer will--
                    ``(A) assign a vehicle identification number to 
                each qualified electric bicycle produced by such 
                manufacturer utilizing a methodology that will ensure 
                that such number (including any alphanumeric) is unique 
                to such bicycle (by utilizing numbers or letters which 
                are unique to such manufacturer or by such other method 
                as the Secretary may provide),
                    ``(B) label such bicycle with such number in such 
                manner as the Secretary may provide, and
                    ``(C) make periodic written reports to the 
                Secretary (at such times and in such manner as the 
                Secretary may provide) of the vehicle identification 
                numbers so assigned and including such information as 
                the Secretary may require with respect to the qualified 
                electric bicycle to which such number was so assigned.
    ``(e) Special Rules.--
            ``(1) Basis reduction.--For purposes of this subtitle, the 
        basis of any property for which a credit is allowable under 
        subsection (a) shall be reduced by the amount of such credit so 
        allowed (determined without regard to subsection (c)).
            ``(2) No double benefit.--The amount of any deduction or 
        other credit allowable under this chapter for a qualified 
        electric bicycle for which a credit is allowable under 
        subsection (a) shall be reduced by the amount of credit allowed 
        under such subsection for such vehicle (determined without 
        regard to subsection (c)).
            ``(3) Property used outside united states not qualified.--
        No credit shall be allowable under subsection (a) with respect 
        to any property referred to in section 50(b)(1).
            ``(4) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit of any credit allowable 
        under subsection (a) with respect to any property which ceases 
        to be property eligible for such credit.
            ``(5) Election not to take credit.--No credit shall be 
        allowed under subsection (a) for any bicycle if the taxpayer 
        elects to not have this section apply to such bicycle.
    ``(f) Treatment of Certain Possessions.--
            ``(1) Payments to possessions with mirror code tax 
        systems.--The Secretary shall pay to each possession 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 
        application of the provisions of this section (determined 
        without regard to this subsection). Such amounts shall be 
        determined by the Secretary based on information provided by 
        the government of the respective possession.
            ``(2) Payments to other possessions.--The Secretary shall 
        pay to each possession of the United States which does not have 
        a mirror code tax system amounts estimated by the Secretary as 
        being equal to the aggregate benefits (if any) that would have 
        been provided to residents of such possession by reason of the 
        provisions of 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 under which such possession will 
        promptly distribute such payments to its residents.
            ``(3) Mirror code tax system; treatment of payments.--Rules 
        similar to the rules of paragraphs (4) and (5) of section 21(h) 
        shall apply for purposes of this section.
    ``(g) Termination.--This section shall not apply to bicycles placed 
in service after December 31, 2031.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) is amended by striking ``plus'' at the 
        end of paragraph (39), by striking the period at the end of 
        paragraph (40) and inserting ``, plus'', and by adding at the 
        end the following new paragraph:
            ``(41) the portion of the electric bicycles credit to which 
        section 36E(c)(1) applies.''.
            (2) Section 1016(a) is amended by striking ``and'' at the 
        end of paragraph (37), by striking the period at the end of 
        paragraph (38) and inserting ``, and'', and by adding at the 
        end the following new paragraph:
            ``(39) to the extent provided in section 36E(f)(1).''.
            (3) Section 6211(b)(4)(A) of such Code is amended by 
        inserting ``36E by reason of subsection (c)(2) thereof,'' 
        before ``32,''.
            (4) Section 6213(g)(2), as amended by the preceding 
        provisions of this Act, is amended--
                    (A) in subparagraph (U), by striking ``and'' at the 
                end,
                    (B) in subparagraph (V), by striking the period at 
                the end and inserting ``, and'', and
                    (C) by adding at the end the following:
                    ``(W) an omission of a correct vehicle 
                identification number required under section 36E(e) 
                (relating to electric bicycles credit) to be included 
                on a return.''.
            (5) Section 6501(m) is amended by inserting ``36E(f)(4),'' 
        after ``35(g)(11),''.
            (6) Section 1324(b)(2) of title 31, United States Code, is 
        amended by inserting ``36E,'' after ``36B,''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 36E. Electric bicycles.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act, in taxable years ending after such date.

               PART 5--INVESTMENT IN THE GREEN WORKFORCE

SEC. 136501. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

    (a) Extension of Credit.--Section 48C is amended by redesignating 
subsection (e) as subsection (f) and by inserting after subsection (d) 
the following new subsection:
    ``(e) Additional Allocations.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary, after 
        consultation with the Secretary of Energy, shall establish a 
        program to consider and award certifications for qualified 
        investments eligible for credits under this section to 
        qualifying advanced energy project sponsors.
            ``(2) Annual limitation.--
                    ``(A) In general.--The amount of credits that may 
                be allocated under this subsection during any calendar 
                year shall not exceed the annual credit limitation with 
                respect to such year.
                    ``(B) Annual credit limitation.--
                            ``(i) In general.--For purposes of this 
                        subsection, the term `annual credit limitation' 
                        means $2,500,000,000 for each of calendar years 
                        2022 through 2031, and zero thereafter.
                            ``(ii) Amount set aside for automotive 
                        communities.--
                                    ``(I) In general.--For purposes of 
                                clause (i), $400,000,000 of the annual 
                                credit limitation for each of calendar 
                                years 2022 through 2031 shall be 
                                allocated to qualified investments 
                                located within automotive communities.
                                    ``(II) Automotive communities.--For 
                                purposes of this clause, the term 
                                `automotive communities' means a census 
                                tract and any directly adjoining census 
                                tract, including a no-population census 
                                tract, that has experienced major job 
                                losses in the automotive manufacturing 
                                sector since January 1, 1994, as 
                                determined by the Secretary after 
                                consultation with the Secretary of 
                                Energy and Secretary of Labor.
                    ``(C) Carryover of unused limitation.--If the 
                annual credit limitation for any calendar year exceeds 
                the aggregate amount designated for such year under 
                this subsection, such limitation for the succeeding 
                calendar year shall be increased by the amount of such 
                excess. No amount may be carried under the preceding 
                sentence to any calendar year after 2036.
            ``(3) Certifications.--
                    ``(A) Application requirement.--Each applicant for 
                certification under this subsection shall submit an 
                application at such time and containing such 
                information as the Secretary may require.
                    ``(B) Time to meet criteria for certification.--
                Each applicant for certification shall have 2 years 
                from the date of acceptance by the Secretary of the 
                application during which to provide to the Secretary 
                evidence that the requirements of the certification 
                have been met.
                    ``(C) Period of issuance.--An applicant which 
                receives a certification shall have 2 years from the 
                date of issuance of the certification in order to place 
                the project in service and to notify the Secretary that 
                such project has been so placed in service, and if such 
                project is not placed in service (and the Secretary so 
                notified) by that time period, then the certification 
                shall no longer be valid. If any certification is 
                revoked under this subparagraph, the amount of the 
                annual credit limitation under paragraph (2) for the 
                calendar year in which such certification is revoked 
                shall be increased by the amount of the credit with 
                respect to such revoked certification.
            ``(4) Selection criteria.--Selection criteria similar to 
        those in subsection (d)(3) shall apply, except that in 
        determining designations under this subsection, the Secretary, 
        after consultation with the Secretary of Energy, shall--
                    ``(A) in addition to the factors described in 
                subsection (d)(3)(B), take into consideration which 
                projects--
                            ``(i) will provide the greatest net impact 
                        in avoiding or reducing anthropogenic emissions 
                        of greenhouse gases, as determined by the 
                        Secretary after consultation with the 
                        Administrator of the Environmental Protection 
                        Agency,
                            ``(ii) will provide the greatest domestic 
                        job creation (both direct and indirect) during 
                        the credit period,
                            ``(iii) will provide the greatest job 
                        creation within the vicinity of the project, 
                        particularly with respect to--
                                    ``(I) low-income communities (as 
                                described in section 45D(e)), and
                                    ``(II) dislocated workers who were 
                                previously employed in manufacturing, 
                                coal power plants, or coal mining, and
                            ``(iv) will provide the greatest job 
                        creation in areas with a population that is at 
                        risk of experiencing higher or more adverse 
                        human health or environmental effects and a 
                        significant portion of such population is 
                        comprised of communities of color, low-income 
                        communities, Tribal and Indigenous communities, 
                        or individuals formerly employed in the fossil 
                        fuel industry, and
                    ``(B) give the highest priority to projects which--
                            ``(i) manufacture (other than primarily 
                        assembly of components) property described in a 
                        subclause of subsection (c)(1)(A)(i) (or 
                        components thereof), and
                            ``(ii) have the greatest potential for 
                        commercial deployment of new applications.
            ``(5) Disclosure of allocations.--The Secretary shall, upon 
        allocating a credit under this subsection, publicly disclose 
        the identity of the applicant, the amount of the credit with 
        respect to such applicant, and the project location for which 
        such credit was allocated.
            ``(6) Credit conditioned upon wage and apprenticeship 
        requirements.--No credit shall be allocated for a project under 
        this subsection unless the project meets the prevailing wage 
        requirements of paragraph (7) and the apprenticeship 
        requirements of paragraph (8).
            ``(7) Prevailing wage requirements.--
                    ``(A) In general.--The requirements described in 
                this paragraph with respect to a project are that the 
                taxpayer shall ensure that any laborers and mechanics 
                employed by contractors and subcontractors in the re-
                equipping, expansion, or establishment of an industrial 
                or manufacturing facility shall be paid wages at rates 
                not less than the prevailing rates for construction, 
                alteration, or repair of a similar character in the 
                locality as most recently determined by the Secretary 
                of Labor, in accordance with subchapter IV of chapter 
                31 of title 40, United States Code.
                    ``(B) Correction and penalty related to failure to 
                satisfy wage requirements.--
                            ``(i) In general.--In the case of any 
                        taxpayer which fails to satisfy the requirement 
                        under subparagraph (A) with respect to any 
                        project--
                                    ``(I) rules similar to the rules of 
                                section 45(b)(8)(B) shall apply for 
                                purposes of this paragraph, and
                                    ``(II) if the failure to satisfy 
                                the requirement under subparagraph (A) 
                                is not corrected pursuant to the rules 
                                described in subclause (I), the 
                                certification with respect to the re-
                                equipping, expansion, or establishment 
                                of an industrial or manufacturing 
                                facility shall no longer be valid.
            ``(8) Apprenticeship requirements.--The requirements 
        described in this subparagraph with respect to a project are as 
        follows:
                    ``(A) Labor hours.--
                            ``(i) Percentage of total labor hours.--All 
                        contractors and subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on any project shall, subject to 
                        subparagraph (B), ensure that not less than the 
                        applicable percentage of the total labor hours 
                        of such work be performed by qualified 
                        apprentices.
                            ``(ii) Applicable percentage.--For purposes 
                        of paragraph (1), the applicable percentage 
                        shall be--
                                    ``(I) in the case of any applicable 
                                project the construction of which 
                                begins before January 1, 2023, 5 
                                percent,
                                    ``(II) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2022, 
                                and before January 1, 2024, 10 percent, 
                                and
                                    ``(III) in the case of any 
                                applicable project the construction of 
                                which begins after December 31, 2023, 
                                15 percent.
                    ``(B) Apprentice to journeyworker ratio.--The 
                requirement under subparagraph (A)(i) shall be subject 
                to any applicable requirements for apprentice-to-
                journeyworker ratios of the Department of Labor or the 
                applicable State apprenticeship agency.
                    ``(C) Participation.--Each contractor and 
                subcontractor who employs 4 or more individuals to 
                perform construction, alteration, or repair work on an 
                applicable project shall employ 1 or more qualified 
                apprentices to perform such work.
                    ``(D) Exception.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this paragraph, this 
                        paragraph shall not apply in the case of a 
                        taxpayer who--
                                    ``(I) demonstrates a lack of 
                                availability of qualified apprentices 
                                in the geographic area of the 
                                construction, alteration, or repair 
                                work, and
                                    ``(II) makes a good faith effort to 
                                comply with the requirements of this 
                                paragraph.
                            ``(ii) Good faith effort.--For purposes of 
                        clause (i), a taxpayer shall be deemed to have 
                        satisfied the requirements under such paragraph 
                        with respect to an applicable project if such 
                        taxpayer has requested qualified apprentices 
                        from a registered apprenticeship program, as 
                        defined in section 3131(e)(3)(B), and such 
                        request has been denied, provided that such 
                        denial is not the result of a refusal by the 
                        contractors or subcontractors engaged in the 
                        performance of construction, alteration, or 
                        repair work on such applicable project to 
                        comply with the established standards and 
                        requirements of such apprenticeship program.
                    ``(E) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Labor hours.--The term `labor hours' 
                        has the meaning given such term in section 
                        45(b)(9)(E)(i).
                            ``(ii) Qualified apprentice.--The term 
                        `qualified apprentice' has the meaning given 
                        such term in section 45(b)(9)(E)(ii).''.
    (b) Modification of Qualifying Advanced Energy Projects.--
            (1) Inclusion of water as a renewable resource.--Section 
        48C(c)(1)(A)(i)(I) is amended by inserting ``water,'' after 
        ``sun,''.
            (2) Energy storage systems.--Section 48C(c)(1)(A)(i)(II) is 
        amended by striking ``an energy storage system for use with 
        electric or hybrid-electric motor vehicles'' and inserting 
        ``energy storage systems and components''.
            (3) Modification of qualifying electric grid property.--
        Section 48C(c)(1)(A)(i)(III) is amended to read as follows:
                                    ``(III) electric grid modernization 
                                equipment or components,''.
            (4) Use of captured carbon.--Section 48C(c)(1)(A)(i)(IV) is 
        amended by striking ``sequester'' and insert ``use or 
        sequester''.
            (5) Electric and fuel cell vehicles.--Section 
        48C(c)(1)(A)(i)(VI) is amended--
                    (A) by striking ``new qualified plug-in electric 
                drive motor vehicles (as defined by section 30D)'' and 
                inserting ``vehicles described in section 36C, 45Y, and 
                36E'', and
                    (B) and striking ``and power control units'' and 
                inserting ``power control units, and equipment used for 
                charging or refueling''.
            (6) Property for production of hydrogen.--Section 
        48C(c)(1)(A)(i) is amended by striking ``or'' at the end of 
        subclause (VI), by redesignating subclause (VII) as subclause 
        (VIII), an by inserting after subclause (VI) the following new 
        subclause:
                                    ``(VII) property designed to be 
                                used to produce qualified clean 
                                hydrogen (as defined in section 45X), 
                                or''.
            (7) Recycling of advanced energy property.--Section 
        48C(c)(1) is amended by adding at the end the following new 
        subparagraph:
                    ``(C) Special rule for certain recycling 
                facilities.--A facility which recycles batteries or 
                similar energy storage property described in 
                subparagraph (A)(i) shall be treated as part of a 
                manufacturing facility described in such 
                subparagraph.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 136502. LABOR COSTS OF INSTALLING MECHANICAL INSULATION PROPERTY.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is further amended 
by adding at the end the following new section:

``SEC. 45Z. LABOR COSTS OF INSTALLING MECHANICAL INSULATION PROPERTY.

    ``(a) In General.--For purposes of section 38, the mechanical 
insulation labor costs credit determined under this section for any 
taxable year is an amount equal to 10 percent of the mechanical 
insulation labor costs paid or incurred by the taxpayer during such 
taxable year.
    ``(b) Mechanical Insulation Labor Costs.--For purposes of this 
section--
            ``(1) In general.--The term `mechanical insulation labor 
        costs' means the labor cost of installing mechanical insulation 
        property with respect to a mechanical system referred to in 
        paragraph (2)(A) which was originally placed in service not 
        less than 1 year before the date on which such mechanical 
        insulation property is installed.
            ``(2) Mechanical insulation property.--The term `mechanical 
        insulation property' means insulation materials, and facings 
        and accessory products installed in connection to such 
        insulation materials--
                    ``(A) placed in service in connection with a 
                mechanical system which--
                            ``(i) is located in the United States,
                            ``(ii) is of a character subject to an 
                        allowance for depreciation, and
                            ``(iii) meets the requirements of section 
                        434.403 of title 10, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this section), and
                    ``(B) which result in a reduction in energy loss 
                from the mechanical system which is greater than the 
                expected reduction from the installation of insulation 
                materials which meet the minimum requirements of 
                Reference Standard 90.1 (as defined in section 
                179D(c)(2)).
    ``(c) Termination.--This section shall not apply to mechanical 
insulation labor costs paid or incurred after December 31, 2031.''.
    (b) Credit Allowed as Part of General Business Credit.--Section 
38(b), as amended by the preceding provisions of this Act, is further 
amended by striking ``plus'' at the end of paragraph (40), by striking 
the period at the end of paragraph (41) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(42) the mechanical insulation labor costs credit 
        determined under section 45Z(a).''.
    (c) Conforming Amendments.--
            (1) Section 280C is amended by adding at the end the 
        following new subsection:
    ``(i) Mechanical Insulation Labor Costs Credit.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the mechanical insulation labor costs (as defined in 
        section 45Z(b)) otherwise allowable as deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 45Z(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 45Z(a), exceeds
                    ``(B) the amount of allowable as a deduction for 
                such taxable year for mechanical insulation labor costs 
                (determined without regard to paragraph (1)),
        the amount chargeable to capital account for the taxable year 
        for such costs shall be reduced by the amount of such 
        excess.''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1, as amended by the preceding 
        provisions of this Act, is further amended by adding at the end 
        the following new item:

``Sec. 45Z. Labor costs of installing mechanical insulation 
                            property.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2021, in taxable 
years ending after such date.

                     PART 6--ENVIRONMENTAL JUSTICE

SEC. 136601. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAM CREDIT.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
inserting after section 36E the following new section:

``SEC. 36F. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAMS.

    ``(a) Allowance of Credit.--In the case of an eligible educational 
institution, there shall be allowed as a credit against the tax imposed 
by this subtitle for any taxable year an amount equal to the applicable 
percentage of the amounts paid or incurred by such taxpayer during such 
taxable year which are necessary for a qualified environmental justice 
program.
    ``(b) Qualified Environmental Justice Program.--For purposes of 
this section--
            ``(1) In general.--The term `qualified environmental 
        justice program' means a program conducted by one or more 
        eligible educational institutions that is designed to address, 
        or improve data about, qualified environmental stressors for 
        the primary purpose of improving, or facilitating the 
        improvement of, health and economic outcomes of individuals 
        residing in low-income areas or areas that experience, or are 
        at risk of experiencing, multiple exposures to qualified 
        environmental stressors.
            ``(2) Qualified environmental stressor.--The term 
        `qualified environmental stressor' means, with respect to an 
        area, a contamination of the air, water, soil, or food with 
        respect to such area or a change relative to historical norms 
        of the weather conditions of such area, including--
                    ``(A) toxic pollutants (such as lead, pesticides, 
                or fine particulate matter) in air, soil, food, or 
                water,
                    ``(B) high rates of asthma prevalence and 
                incidence, and
                    ``(C) such other adverse human health or 
                environmental effects as are identified by the 
                Secretary.
    ``(c) Eligible Educational Institution.--For purposes of this 
section, the term `eligible educational institution' means an 
institution of higher education (as such term is defined in section 101 
or 102(c) of the Higher Education Act of 1965) that is eligible to 
participate in a program under title IV of such Act.
    ``(d) Applicable Percentage.--For purposes of this section, the 
term `applicable percentage' means--
            ``(1) in the case of a program involving material 
        participation of faculty and students of an institution 
        described in section 371(a) of the Higher Education Act of 
        1965, 30 percent, and
            ``(2) in all other cases, 20 percent.
    ``(e) Credit Allocation.--
            ``(1) Allocation.--
                    ``(A) In general.--The Secretary shall allocate 
                credit dollar amounts under this section to eligible 
                educational institutions, for qualified environmental 
                justice programs, that--
                            ``(i) submit applications at such time and 
                        in such manner as the Secretary may provide, 
                        and
                            ``(ii) are selected by the Secretary under 
                        subparagraph (B).
                    ``(B) Selection criteria.--The Secretary, after 
                consultation with the Secretary of Energy, the 
                Secretary of Education, the Secretary of Health and 
                Human Services, and the Administrator of the 
                Environmental Protection Agency, shall select 
                applications on the basis of the following criteria:
                            ``(i) The extent of participation of 
                        faculty and students of an institution 
                        described in section 371(a) of the Higher 
                        Education Act of 1965.
                            ``(ii) The extent of the expected effect on 
                        the health or economic outcomes of individuals 
                        residing in areas within the United States that 
                        are low-income areas or areas that experience, 
                        or are at risk of experiencing, multiple 
                        exposures to qualified environmental stressors.
                            ``(iii) The creation or significant 
                        expansion of qualified environmental justice 
                        programs.
            ``(2) Limitations.--
                    ``(A) In general.--The amount of the credit 
                determined under this section for any taxable year to 
                any eligible educational institution for any qualified 
                environmental justice program shall not exceed the 
                excess of--
                            ``(i) the credit dollar amount allocated to 
                        such institution for such program under this 
                        subsection, over
                            ``(ii) the credits previously claimed by 
                        such institution for such program under this 
                        section.
                    ``(B) Five-year limitation.--No amounts paid or 
                incurred after the 5-year period beginning on the date 
                a credit dollar amount is allocated to an eligible 
                educational institution for a qualified environmental 
                justice program shall be taken into account under 
                subsection (a) with respect to such institution for 
                such program.
                    ``(C) Allocation limitation.--The total amount of 
                credits that may be allocated under the program shall 
                not exceed--
                            ``(i) $1,000,000,000 for each of taxable 
                        years 2022 through 2031, and
                            ``(ii) $0 for each subsequent year.
                    ``(D) Carryover of unused limitation.--If the 
                annual credit limitation for any calendar year exceeds 
                the aggregate amount designated for such year under 
                this subsection, such limitation for the succeeding 
                calendar year shall be increased by the amount of such 
                excess. No amount may be carried under the preceding 
                sentence to any calendar year after 2036.
    ``(f) Requirements.--
            ``(1) In general.--An eligible educational institution that 
        has been allocated credit dollar amounts under this section for 
        a qualified environmental justice project for a taxable year 
        shall--
                    ``(A) make publicly available the application 
                submitted to the Secretary under subsection (e) with 
                respect to such project, and
                    ``(B) submit an annual report to the Secretary that 
                describes the amounts paid or incurred for, and 
                expected impact of, such project.
            ``(2) Failure to comply.--In the case of an eligible 
        educations institution that has failed to comply with the 
        requirements of this subsection, the credit dollar amount 
        allocated to such institution under this section is deemed to 
        be $0.
    ``(g) Public Disclosure.--The Secretary, upon making an allocation 
of credit dollar amounts under this section, shall publicly disclose--
            ``(1) the identity of the eligible educational institution 
        receiving the allocation, and
            ``(2) the amount of such allocation.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A), as amended by the preceding 
        provisions of this Act, is amended by inserting ``36F,'' after 
        ``36D,''.
            (2) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, as amended by the preceding provisions of this 
        Act, is amended by inserting ``36F,'' after ``36D,''.
    (c) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1, as amended by the preceding 
provisions of this Act, is amended by inserting after the item relating 
to section 36E the following new item:

``Sec. 36F. Qualified environmental justice programs.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

                           PART 7--SUPERFUND

SEC. 136701. REINSTATEMENT OF SUPERFUND.

    (a)  Hazardous Substance Superfund Financing Rate.--
            (1) Extension.--Section 4611(e) is amended to read as 
        follows:
    ``(e) Application of Hazardous Substance Superfund Financing 
Rate.--The Hazardous Substance Superfund financing rate under this 
section shall apply after December 31, 2021.''.
            (2) Adjustment for inflation.--
                    (A) Section 4611(c)(2)(A) is amended by striking 
                ``9.7 cents'' and inserting ``16.4 cents''.
                    (B) Section 4611(c) is amended by adding at the end 
                the following:
            ``(3) Adjustment for inflation.--
                    ``(A) In general.--In the case of a year beginning 
                after 2022, the amount in paragraph (2)(A) shall be 
                increased by an amount equal to--
                            ``(i) such amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2021' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                    ``(B) Rounding.--If any amount as adjusted under 
                subparagraph (A) is not a multiple of $0.01, such 
                amount shall be rounded to the next lowest multiple of 
                $0.01.''.
    (b) Authority for Advances.--Section 9507(d)(3)(B) is amended by 
striking ``December 31, 1995'' and inserting ``December 31, 2031''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

                         PART 8--APPROPRIATIONS

SEC. 136801. APPROPRIATIONS.

    Immediately upon the enactment of this Act, in addition to amounts 
otherwise available, there are appropriated for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, $3,831,000,000 
to remain available until September 30, 2031, for necessary expenses 
for the Internal Revenue Service to carry out this subtitle (and the 
amendments made by this subtitle), which shall supplement and not 
supplant any other appropriations that may be available for this 
purpose.

                     Subtitle H--Social Safety Net

SEC. 137001. 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 Internal 
Revenue Code of 1986.

                        PART 1--CHILD TAX CREDIT

SEC. 137101. MODIFICATIONS APPLICABLE BEGINNING IN 2021.

    (a) Safe Harbor Exception for Fraud and Intentional Disregard of 
Rules and Regulations.--Section 24(j)(2)(B) is amended--
            (1) by striking ``qualified'' each place it appears in 
        clause (iv)(II) and inserting ``qualifying'', and
            (2) by adding at the end the following new clause:
                            ``(v) Exception for fraud and intentional 
                        disregard of rules and regulations.--
                                    ``(I) In general.--For purposes of 
                                determining the safe harbor amount 
                                under clause (iv) with respect to any 
                                taxpayer, an individual shall not be 
                                treated as taken into account in 
                                determining the annual advance amount 
                                of such taxpayer if the Secretary 
                                determines that such individual was so 
                                taken into account due to fraud by the 
                                taxpayer or intentional disregard of 
                                rules and regulations by the taxpayer.
                                    ``(II) Arrangements to take 
                                individual into account more than 
                                once.--For purposes of subclause (I), a 
                                taxpayer shall not fail to be treated 
                                as intentionally disregarding rules and 
                                regulations with respect to any 
                                individual taken into account in 
                                determining the annual advance amount 
                                of such taxpayer if such taxpayer 
                                entered into a plan or other 
                                arrangement with, or expected, another 
                                taxpayer to take such individual into 
                                account in determining the credit 
                                allowed under this section for the 
                                taxable year.''.
    (b) Treatment of Joint Returns.--Section 24(j) is amended by adding 
at the end the following new paragraph:
            ``(3) Joint returns.--Except as otherwise provided by the 
        Secretary, in the case of an advance payment made under section 
        7527A with respect to a joint return, half of such payment 
        shall be treated as having been made to each individual filing 
        such return.''.
    (c) Annual Advance Amount.--Section 7527A(b) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``or based on 
                any other information known to the Secretary'' after 
                ``reference taxable year'',
                    (B) in subparagraph (C), by inserting ``unless 
                determined by the Secretary based on any information 
                known to the Secretary,'' before ``the only children'', 
                and
                    (C) in subparagraph (D), by inserting ``unless 
                determined by the Secretary based on any information 
                known to the Secretary,'' before ``the ages of'', and
            (2) in paragraph (3)(A)(ii), by striking `` provided by the 
        taxpayer'' and inserting ``provided, or known,''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning, and payments made, after December 31, 
2020.

SEC. 137102. EXTENSION AND MODIFICATION OF CHILD TAX CREDIT AND ADVANCE 
              PAYMENT FOR 2022.

    (a) Extensions.--
            (1) Extension of child tax credit.--Section 24(i) is 
        amended--
                    (A) by striking ``January 1, 2022'' in the matter 
                preceding paragraph (1) and inserting ``January 1, 
                2023'', and
                    (B) by inserting ``and 2022'' after ``2021'' in the 
                heading thereof.
            (2) Extension of provisions related to possessions of the 
        united states.--
                    (A) Section 24(k)(2)(B) is amended--
                            (i) by striking ``December 31, 2021'' in 
                        the matter preceding clause (i) and inserting 
                        ``December 31, 2022'', and
                            (ii) by striking ``After 2021'' in the 
                        heading thereof and inserting ``After 2022''.
                    (B) Section 24(k)(3)(C)(ii) is amended--
                            (i) in subclause (I), by inserting ``or 
                        2022'' after ``2021'', and
                            (ii) in subclause (II), by striking 
                        ``December 31, 2021'' and inserting ``December 
                        31, 2022''.
                    (C) The heading of section 24(k)(2)(A) is amended 
                by inserting ``and 2022'' after ``2021''.
            (3) Extension of advance payment.--Section 7527A is 
        amended--
                    (A) in subsection (b)(1), by striking ``50 percent 
                of'',
                    (B) in clauses (i) and (ii) of subsection 
                (e)(4)(C), by inserting ``or 2022'' after ``in 2021'', 
                and
                    (C) in subsection (f), by striking ``December 31, 
                2021'' and inserting ``December 31, 2022''.
    (b) Repeal of Social Security Number Requirement.--Section 24(h) is 
amended by striking paragraph (7).
    (c) Application of Income Phaseout on Basis of Income for Preceding 
Taxable Year.--Section 24(i) is amended by adding at the end the 
following new paragraph:
            ``(5) Application of income phaseout on basis of income for 
        prior taxable year.--If the taxpayer's modified adjusted gross 
        income (as defined in subsection (b)) for the taxable year for 
        which the credit allowed under this section is determined is 
        greater than such taxpayer's modified adjusted gross income (as 
        so defined) for the preceding taxable year, paragraph (4) and 
        subsection (b)(1) shall both be applied with respect to such 
        taxpayer's modified adjusted gross income (as so defined) for 
        the preceding taxable year.''.
    (d) Inflation Adjustment.--Section 24(i), as amended by subsection 
(c), is amended by adding at the end the following new paragraph:
            ``(6) Inflation adjustments.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2021, the $500 amount in 
                subsection (h)(4)(A), the $3,000 and $3,600 amounts in 
                paragraph (3) and subsection (j)(2)(B)(iv), and the 
                dollar amounts in paragraph (4)(B), shall each be 
                increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the percentage (if any) by which--
                                    ``(I) the CPI (as defined in 
                                section 1(f)(4)) for the calendar year 
                                preceding the calendar year in which 
                                such taxable year begins, exceeds
                                    ``(II) the CPI (as so defined) for 
                                calendar year 2020.
                    ``(B) Rounding.--
                            ``(i) $500 amount.--In the case of the $500 
                        amount in subsection (h)(4)(A), any increase 
                        under subparagraph (A) which is not a multiple 
                        of $10 shall be rounded to the nearest multiple 
                        of $10.
                            ``(ii) $3,000 and $3,600 amounts.--In the 
                        case of the $3,000 and $3,600 amounts in 
                        paragraph (3) and subsection (j)(2)(B)(iv), any 
                        increase under subparagraph (A) which is not a 
                        multiple of $100 shall be rounded to the 
                        nearest multiple of $100.
                            ``(iii) Applicable threshold amounts.--In 
                        the case of the dollar amounts in paragraph 
                        (4)(B), any increase under subparagraph (A) 
                        which is not a multiple of $5,000 shall be 
                        rounded to the nearest multiple of $5,000.''.
    (e) Modification of Recapture Safe Harbor for 2022.--Section 
24(j)(2)(B)(iv), as amended by the preceding provisions of this Act, is 
amended to read as follows:
                            ``(iv) Safe harbor amount.--For purposes of 
                        this subparagraph, the term `safe harbor 
                        amount' means, with respect to any taxpayer for 
                        any taxable year, the aggregate of $3,000 
                        ($3,600 in the case of a qualifying child who 
                        has not attained age 6 as of the close of the 
                        calendar year in which the taxable year of the 
                        taxpayer begins) with respect to each 
                        qualifying child who is--
                                    ``(I) taken into account in 
                                determining the annual advance amount 
                                with respect to such taxpayer under 
                                section 7527A with respect to months 
                                beginning in such taxable year, and
                                    ``(II) not taken into account in 
                                determining the credit allowed to such 
                                taxpayer under this section for such 
                                taxable year.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning, and payments made, after December 31, 
2021.

SEC. 137103. ESTABLISHMENT OF MONTHLY CHILD TAX CREDIT WITH ADVANCE 
              PAYMENT THROUGH 2025.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
is amended by inserting after section 24 the following new sections:

``SEC. 24A. MONTHLY CHILD TAX CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year the sum of 
the monthly specified child allowances determined with respect to the 
taxpayer under subsection (b) for each calendar month during such 
taxable year.
    ``(b) Monthly Specified Child Allowance.--
            ``(1) In general.--For purposes of this section, the term 
        `monthly specified child allowance' means, with respect to any 
        taxpayer for any calendar month, the sum of--
                    ``(A) $300 with respect to each specified child of 
                such taxpayer who will not, as of the close of the 
                taxable year which includes such month, have attained 
                age 6, plus
                    ``(B) $250 with respect to each specified child of 
                such taxpayer who will, as of the close of the taxable 
                year which includes such month, have attained age 6.
            ``(2) Limitations based on modified adjusted gross 
        income.--
                    ``(A) Initial reduction.--The monthly specified 
                child allowance otherwise determined under paragraph 
                (1) with respect to any taxpayer for any calendar month 
                shall be reduced (but not below zero) by \1/12\ of 5 
                percent of the excess (if any) of the taxpayer's 
                modified adjusted gross income for the applicable 
                taxable year over the initial threshold amount in 
                effect for such applicable taxable year.
                    ``(B) Limitation on initial reduction.--The amount 
                of the reduction under subparagraph (A) shall not 
                exceed the lesser of--
                            ``(i) the excess (if any) of--
                                    ``(I) the monthly specified child 
                                allowance with respect to the taxpayer 
                                for the calendar month (determined 
                                without regard to this paragraph), over
                                    ``(II) the amount which would be 
                                determined under subclause (I) if the 
                                dollar amounts in effect under 
                                subparagraphs (A) and (B) of paragraph 
                                (1) were each equal to $166.67, or
                            ``(ii) \1/12\ of 5 percent of the excess of 
                        the secondary threshold amount over the initial 
                        threshold amount.
                    ``(C) Secondary reduction.--The monthly specified 
                child allowance otherwise determined under paragraph 
                (1) with respect to any taxpayer for any calendar month 
                (determined after the application of subparagraphs (A) 
                and (B)) shall be reduced (but not below zero) by \1/
                12\ of 5 percent of the excess (if any) of the 
                taxpayer's modified adjusted gross income for the 
                applicable taxable year over the secondary threshold 
                amount.
                    ``(D) Definitions related to limitations based on 
                modified adjusted gross income.--For purposes of this 
                paragraph--
                            ``(i) Initial threshold amount.--The term 
                        `initial threshold amount' means--
                                    ``(I) $150,000, in the case of a 
                                joint return or surviving spouse (as 
                                defined in section 2(a)),
                                    ``(II) \1/2\ the dollar amount in 
                                effect under subclause (I), in the case 
                                of a married individual filing a 
                                separate return, and
                                    ``(III) $112,500, in any other 
                                case.
                            ``(iii) Secondary threshold amount.--The 
                        term `secondary threshold amount' means--
                                    ``(I) $400,000, in the case of a 
                                joint return or surviving spouse (as 
                                defined in section 2(a)),
                                    ``(II) $300,000, in the case of a 
                                head of household (as defined in 
                                section 2(b)), and
                                    ``(III) $200,000, in any other 
                                case.
                            ``(iv) Applicable taxable year.--The term 
                        `applicable taxable year' means, with respect 
                        to any taxpayer, the relevant taxable year with 
                        respect to which the taxpayer has the lowest 
                        modified adjusted gross income. For purposes of 
                        the preceding sentence, the term `relevant 
                        taxable year' means the taxable year for which 
                        the credit allowed under this section is 
                        determined and each of the 2 immediately 
                        preceding taxable years.
                            ``(v) Modified adjusted gross income.--The 
                        term `modified adjusted gross income' means 
                        adjusted gross income increased by any amount 
                        excluded from gross income under section 911, 
                        931, or 933.
    ``(c) Specified Child.--For purposes of this section--
            ``(1) In general.--The term `specified child' means, with 
        respect to any taxpayer for any calendar month, an individual--
                    ``(A) who has the same principal place of abode as 
                the taxpayer for more than one-half of such month,
                    ``(B) who is younger than the taxpayer and will 
                not, as of the close of the calendar year which 
                includes such month, have attained age 18,
                    ``(C) who receives care from the taxpayer during 
                such month that is not compensated,
                    ``(D) who is not the spouse of the taxpayer at any 
                time during such month,
                    ``(E) who is not a taxpayer with respect to whom 
                any individual is a specified child for such month, and
                    ``(F) who either--
                            ``(i) is a citizen, national, or resident 
                        of the United States, or
                            ``(ii) if the taxpayer is a citizen or 
                        national of the United States, such individual 
                        is described in section 152(f)(1)(B) with 
                        respect to such taxpayer.
            ``(2) Care from the taxpayer.--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, whether any individual receives care 
                from the taxpayer (within the meaning of paragraph 
                (1)(C)) shall be determined on the basis of facts and 
                circumstances with respect to the following factors:
                            ``(i) The supervision provided by the 
                        taxpayer regarding the daily activities and 
                        needs of the individual.
                            ``(ii) The maintenance by the taxpayer of a 
                        secure environment at which the individual 
                        resides.
                            ``(iii) The provision or arrangement by the 
                        taxpayer of, and transportation by the taxpayer 
                        to, medical care at regular intervals and as 
                        required for the individual.
                            ``(iv) The involvement by the taxpayer in, 
                        and financial and other support by the taxpayer 
                        for, educational or similar activities of the 
                        individual.
                            ``(v) Any other factor that the Secretary 
                        determines to be appropriate to determine 
                        whether the individual receives care from the 
                        taxpayer.
                    ``(B) Determination of whether care is 
                compensated.--For purposes of determining if care is 
                compensated within the meaning of paragraph (1)(C), 
                compensation from the Federal Government, a State or 
                local government, a Tribal government, or any 
                possession of the United States shall not be taken into 
                account.
            ``(3) Application of tie-breaker rules.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), if any individual would (but for this 
                paragraph) be a specified child of 2 or more taxpayers 
                for any month, such individual shall be treated as the 
                specified child only of the taxpayer who is--
                            ``(i) the parent of the individual (or, if 
                        such individual would (but for this paragraph) 
                        be a specified child of 2 or more parents of 
                        the individual for such month, the parent of 
                        the individual determined under subparagraph 
                        (B)),
                            ``(ii) if the individual is not a specified 
                        child of any parent of the individual 
                        (determined without regard to this paragraph), 
                        the specified relative of the individual with 
                        the highest adjusted gross income for the 
                        taxable year which includes such month, or
                            ``(iii) if the individual is neither a 
                        specified child of any parent of the individual 
                        nor a specified child of any specified relative 
                        of the individual (in both cases determined 
                        without regard to this paragraph), the taxpayer 
                        with the highest adjusted gross income for the 
                        taxable year which includes such month.
                    ``(B) Tie-breaker among parents.--If any individual 
                would (but for this paragraph) be the specified child 
                of 2 or more parents of the individual for any month, 
                such child shall be treated only as the specified child 
                of--
                            ``(i) the parent with whom the child 
                        resided for the longest period of time during 
                        such month, or
                            ``(ii) if the child resides with both 
                        parents for the same amount of time during such 
                        month, the parent with the highest adjusted 
                        gross income for the taxable year which 
                        includes such month.
                    ``(C) Specified relative.--For purposes of this 
                paragraph, the term `specified relative' means an 
                individual who is--
                            ``(i) an ancestor of a parent of the 
                        specified child,
                            ``(ii) a brother or sister of a parent of 
                        the specified child, or
                            ``(iii) a brother, sister, stepbrother, or 
                        stepsister of the specified child.
                    ``(D) Certain parents or specified relatives not 
                taken into account.--This paragraph shall be applied 
                without regard to any parent or specified relative of 
                an individual for any month if--
                            ``(i) such parent or specified relative 
                        elects to have such individual not be treated 
                        as a specified child of such parent or 
                        specified relative for such month,
                            ``(ii) in the case of a parent of such 
                        individual, the adjusted gross income of the 
                        taxpayer (with respect to whom such individual 
                        would be treated as a specified child after 
                        application of this subparagraph) for the 
                        taxable year which includes such month is 
                        higher than the highest adjusted gross income 
                        of any parent of the individual for any taxable 
                        year which includes such month (determined 
                        without regard to any parent with respect to 
                        whom such individual is not a specified child, 
                        determined without regard to subparagraphs (A) 
                        and (B) and after application of this 
                        subparagraph), and
                            ``(iii) in the case of a specified relative 
                        of such individual, the adjusted gross income 
                        of the taxpayer (with respect to whom such 
                        individual would be treated as a specified 
                        child after application of this subparagraph) 
                        for the taxable year which includes such month 
                        is higher than the highest adjusted gross 
                        income of any parent and any specified relative 
                        of the individual for any taxable year which 
                        includes such month (determined without regard 
                        to any parent and any specified relative with 
                        respect to whom such individual is not a 
                        specified child, determined without regard to 
                        subparagraphs (A) and (B) and after application 
                        of this subparagraph).
                    ``(E) Treatment of joint returns.--For purposes of 
                this paragraph, with respect to any month, 2 
                individuals filing a joint return for the taxable year 
                which includes such month shall be treated as 1 
                individual.
                    ``(F) Parent.--Except as otherwise provided by the 
                Secretary, the term `parent' shall have the same 
                meaning as when used in section 152(c)(4).
            ``(4) Special rules with respect to birth and death.--
                    ``(A) Birth.--
                            ``(i) In general.--In the case of the birth 
                        of an individual during any calendar year, such 
                        individual shall be treated as a specified 
                        child of the relevant taxpayer for each 
                        calendar month in such calendar year which 
                        precedes the calendar month referred to in 
                        clause (ii).
                            ``(ii) Relevant taxpayer.--For purposes of 
                        clause (i), the term `relevant taxpayer' means 
                        the taxpayer with respect to whom the 
                        individual referred to in clause (i) is a 
                        specified child for the first month for which 
                        such individual is a specified child with 
                        respect to any taxpayer (determined without 
                        regard to this subparagraph).
                    ``(B) Death.--
                            ``(i) In general.--In the case of the death 
                        of an individual during any calendar year, such 
                        individual shall be treated as a specified 
                        child of the relevant taxpayer for each 
                        calendar month in such calendar year which 
                        follows the calendar month referred to in 
                        clause (ii).
                            ``(ii) Relevant taxpayer.--For purposes of 
                        clause (i), the term `relevant taxpayer' means 
                        the taxpayer with respect to whom the 
                        individual referred to in clause (i) is a 
                        specified child for the last month for which 
                        such individual is alive.
            ``(5) Treatment of temporary absences.--For purposes of 
        this subsection--
                    ``(A) In general.--In the case of any individual's 
                temporary absence from such individual's principal 
                place of abode, each day composing the temporary 
                absence shall--
                            ``(i) be treated as a day at such 
                        individual's principal place of abode, and
                            ``(ii) not be treated as a day at any other 
                        location.
                    ``(B) Temporary absence.--For purposes of 
                subparagraph (A), an absence shall be treated as 
                temporary if--
                            ``(i) the individual would have resided at 
                        the place of abode but for the absence, and
                            ``(ii) under the facts and circumstances, 
                        it is reasonable to assume that the individual 
                        will return to reside at the place of abode.
            ``(6) Special rule for divorced parents, etc.--Rules 
        similar to the rules section 152(e) shall apply for purposes of 
        this subsection.
            ``(7) Eligibilty determined on basis of presumptive 
        eligibility.--
                    ``(A) In general.--If a period of presumptive 
                eligibility is established under section 7527B(c) for 
                any individual with respect to any taxpayer--
                            ``(i) such individual shall be treated as 
                        the specified child of such taxpayer for any 
                        month in such period of presumptive 
                        eligibility, and
                            ``(ii) such individual shall not be treated 
                        as the specified child of any other taxpayer 
                        with respect to whom a period of presumptive 
                        eligibility has not been established for any 
                        such month.
                    ``(B) Ability of credit claimants to establish 
                presumptive eligibility.--Nothing in section 7527B(c) 
                shall be interpreted to preclude a taxpayer who elects 
                not to receive monthly advance child payments under 
                section 7527B from establishing a period of presumptive 
                eligibility (including any such period described in 
                section 7527B(c)(2)(D)) with respect to any specified 
                child for purposes of this section.
    ``(d) Portion of Credit Refundable.--If the taxpayer (in the case 
of a joint return, either spouse) has a principal place of abode 
(determined as provided in section 32) in the United States or Puerto 
Rico for more than one-half of any calendar month during the taxable 
year, so much of the credit otherwise allowed under subsection (a) as 
is attributable to monthly specified child allowances with respect to 
any such calendar month shall be allowed under subpart C (and not 
allowed under this subpart).
    ``(e) Identification Requirements.--Rules similar to the rules of 
section 24(e) shall apply for purposes of this section.
    ``(f) Restrictions on Taxpayers Who Improperly Claimed Credit or 
Improperly Received Monthly Advance Child Payment.--
            ``(1) Taxpayers making prior fraudulent or reckless 
        claims.--
                    ``(A) In general.--No credit shall be allowed under 
                this section for any taxable year (and no payment shall 
                be made under section 7527B for any month) in the 
                disallowance period.
                    ``(B) Disallowance period.--For purposes of 
                subparagraph (A), the disallowance period is--
                            ``(i) the period of 10 taxable years after 
                        the most recent taxable year for which there 
                        was a final determination that the taxpayer's 
                        claim of credit under this section or section 
                        24 (or payment under section 7527A or 7527B) 
                        was due to fraud,
                            ``(ii) the period of 2 taxable years after 
                        the most recent taxable year for which there 
                        was a final determination that the taxpayer's 
                        claim of credit under this section or section 
                        24 (or payment under section 7527A or 7527B) 
                        was due to reckless or intentional disregard of 
                        rules and regulations (but not due to fraud), 
                        and
                            ``(iii) in addition to any period 
                        determined under clause (i) or (ii) (as the 
                        case may be), the period beginning on the date 
                        of the final determination described in such 
                        clause and ending with the beginning of the 
                        period described in such clause.
            ``(2) Taxpayers making improper prior claims.--In the case 
        of a taxpayer who is denied credit under this section or 
        section 24 for any taxable year as a result of the deficiency 
        procedures under subchapter B of chapter 63, no credit shall be 
        allowed under this section for any subsequent taxable year (and 
        no payment shall be made under section 7527B for any subsequent 
        month) unless the taxpayer provides such information as the 
        Secretary may require to demonstrate eligibility for such 
        credit.
            ``(3) Coordination with possessions of the united states.--
        In carrying out this section, the Secretary shall coordinate 
        with each possession of the United States to prevent the 
        avoidance of the application of this subsection.
    ``(g) Reconciliation of Credit and Monthly Advance Child 
Payments.--
            ``(1) In general.--The amount otherwise determined under 
        subsection (a) with respect to any taxpayer for any taxable 
        year shall be reduced (but not below zero) by the aggregate 
        amount of payments made under section 7527B to such taxpayer 
        for one or more calendar months in such taxable year. Any 
        failure to so reduce the credit shall be treated as arising out 
        of a mathematical or clerical error and assessed according to 
        section 6213(b)(1).
            ``(2) Recapture of excess advance payments in certain 
        circumstances.--In the case of a taxpayer described in 
        paragraph (3) for any taxable year, the tax imposed by this 
        chapter for such taxable year shall be increased by the excess 
        (if any) of--
                    ``(A) the aggregate amount of payments made to the 
                taxpayer under section 7527B for one or more calendar 
                months in such taxable year, over
                    ``(B) the amount determined under subsection (a) 
                with respect to the taxpayer for such taxable year 
                (without regard to paragraph (1) of this subsection).
            ``(3) Taxpayers subject to recapture.--
                    ``(A) Fraud or reckless or intentional disregard of 
                rules and regulations.--A taxpayer is described in this 
                paragraph with respect to any taxable year if the 
                Secretary determines that the amount described in 
                paragraph (2)(A) with respect to the taxpayer for such 
                taxable year was determined on the basis of fraud or a 
                reckless or intentional disregard of rules and 
                regulations.
                    ``(B) Understatement of income; changes in filing 
                status.--If the amount described in paragraph (2)(A) 
                with respect to the taxpayer for the taxable year was 
                determined on the basis of an amount of the taxpayer's 
                modified adjusted gross income which was less than the 
                taxpayer's modified adjusted gross income for the 
                applicable taxable year (as defined in subsection 
                (b))--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the excess of--
                                    ``(I) the amount described in 
                                paragraph (2)(A), over
                                    ``(II) the amount which would be so 
                                described if the payments described 
                                therein had been determined on the 
                                basis of the taxpayer's modified 
                                adjusted gross income for the 
                                applicable taxable year (as defined in 
                                subsection (b)).
                        A rule similar to the rule of the preceding 
                        sentence shall apply if the amount described in 
                        paragraph (2)(A) with respect to the taxpayer 
                        for the taxable year was determined on the 
                        basis of a filing status of the taxpayer which 
                        differs from the taxpayer's filing status for 
                        the applicable taxable year (as so defined).
                    ``(C) Payments made outside of period of 
                presumptive eligibility.--If any payment described in 
                paragraph (2)(A) with respect to the taxpayer for the 
                taxable year was made with respect to a child for a 
                month which was not part of a period of presumptive 
                eligibility established under section 7527B(c) for such 
                child with respect to such taxpayer--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the portion of such payment so 
                        made.
                    ``(D) Certain payments made after notice from 
                secretary.--If the Secretary notifies a taxpayer under 
                section 7527B(j)(2) that such taxpayer is subject to 
                recapture with respect to any payments--
                            ``(i) such taxpayer shall be treated as 
                        described in this paragraph, and
                            ``(ii) the increase determined under 
                        paragraph (2) by reason of this subparagraph 
                        shall not exceed the aggregate amount of such 
                        payments.
                    ``(E) Taxpayers moving to another jurisdiction.--To 
                minimize the amount of advance payments made under 
                section 7527B to ineligible individuals, the Secretary 
                shall issue regulations or other guidance for purposes 
                of this paragraph which apply with respect to taxpayers 
                who are described in section 7527B(b)(4) with respect 
                to the reference month but are not so described with 
                respect to one or more months during the taxable year 
                for which advance payments under section 7527B are 
                made.
                    ``(F) Other circumstances to prevent abuse.--A 
                taxpayer is described in this paragraph with respect to 
                any taxable year pursuant to regulations or other 
                guidance of the Secretary describing other recapture 
                circumstances to facilitate the administration and 
                enforcement by the Secretary of section 7527B to 
                minimize the amount of advance payments made under 
                section 7527B to ineligible individuals and to prevent 
                abuse.
            ``(4) Joint returns.--Except as otherwise provided by the 
        Secretary, in the case of an advance payment made under section 
        7527B with respect to a joint return, half of such payment 
        shall be treated as having been made to each individual filing 
        such return.
    ``(h) Inflation Adjustments.--
            ``(1) Monthly specified child allowance.--
                    ``(A) In general.--In the case of any month 
                beginning after December 31, 2022, each of the dollar 
                amounts in subsection (b)(1) shall be increased by an 
                amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the percentage (if any) by which--
                                    ``(I) the CPI (as defined in 
                                section 1(f)(4)) for the calendar year 
                                preceding the calendar year in which 
                                such month begins, exceeds
                                    ``(II) the CPI (as so defined) for 
                                calendar year 2020.
                    ``(B) Rounding.--Any increase under subparagraph 
                (A) which is not a multiple of $10 shall be rounded to 
                the nearest multiple of $10.
            ``(2) Initial threshold amount.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2022, the dollar amounts 
                in subclauses (I) and (III) of subsection (b)(2)(D)(i) 
                shall each be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the percentage (if any) by which--
                                    ``(I) the CPI (as defined in 
                                section 1(f)(4)) for the calendar year 
                                preceding the calendar year in which 
                                such taxable year begins, exceeds
                                    ``(II) the CPI (as so defined) for 
                                calendar year 2020.
                    ``(B) Rounding.--Any increase under subparagraph 
                (A) which is not a multiple of $5,000 shall be rounded 
                to the nearest multiple of $5,000.
    ``(i) Application of Credit in Possessions.--
            ``(1) Mirror code possessions.--
                    ``(A) In general.--The Secretary shall pay to each 
                possession of the United States with a mirror code tax 
                system amounts equal to the loss (if any) to that 
                possession by reason of the application of this section 
                (determined without regard to this subsection) with 
                respect to taxable years beginning after 2022 and 
                before 2026. Such amounts shall be determined by the 
                Secretary based on information provided by the 
                government of the respective possession.
                    ``(B) Coordination with credit allowed against 
                united states income taxes.--No credit shall be allowed 
                under this section for any taxable year to any 
                individual to whom a credit is allowable against taxes 
                imposed by a possession of the United States with a 
                mirror code tax system by reason of the application of 
                this section in such possession for such taxable year.
                    ``(C) Mirror code tax system.--For purposes of this 
                paragraph, 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 reference to the income 
                tax laws of the United States as if such possession 
                were the United States.
            ``(2) Cross references related to application of credit to 
        residents of puerto rico.--
                    ``(A) For application of refundable credit to 
                residents of Puerto Rico, see subsection (d).
                    ``(B) For application of advance payment to 
                residents of Puerto Rico, see section 7527B(b)(4).
            ``(3) American samoa.--
                    ``(A) In general.--The Secretary shall pay to 
                American Samoa amounts estimated by the Secretary as 
                being equal to the aggregate benefits that would have 
                been provided to residents of American Samoa by reason 
                of the application of this section for taxable years 
                beginning after 2022 and before 2026 if the provisions 
                of this section had been in effect in American Samoa 
                (applied as if American Samoa were the United States 
                and without regard to the application of this section 
                to residents of Puerto Rico under subsection (d)).
                    ``(B) Distribution requirement.--Subparagraph (A) 
                shall not apply unless American Samoa has a plan, which 
                has been approved by the Secretary, under which 
                American Samoa will promptly distribute such payments 
                to its residents.
                    ``(C) Coordination with credit allowed against 
                united states income taxes.--
                            ``(i) In general.--In the case of a taxable 
                        year with respect to which a plan is approved 
                        under subparagraph (B), this section (other 
                        than this subsection) shall not apply to any 
                        individual eligible for a distribution under 
                        such plan.
                            ``(ii) Application of section in event of 
                        absence of approved plan.--In the case of a 
                        taxable year with respect to which a plan is 
                        not approved under subparagraph (B), subsection 
                        (d) shall be applied by substituting `, Puerto 
                        Rico, or American Samoa' for `or Puerto Rico'.
            ``(4) Treatment of payments.--For purposes of section 1324 
        of title 31, United States Code, the payments under this 
        subsection shall be treated in the same manner as a refund due 
        from a credit provision referred to in subsection (b)(2) of 
        such section.
    ``(j) Regulations.--The Secretary shall issue such regulations or 
other guidance as the Secretary determines necessary or appropriate to 
carry out the purposes of this section, including regulations or other 
guidance--
            ``(1) for determining whether an individual receives care 
        from a taxpayer for purposes of subsection (c)(1), and
            ``(2) to coordinate or modify the application of this 
        section and section 24, 7527A, and 7527B in the case of any 
        taxpayer--
                    ``(A) whose taxable year is other than a calendar 
                year,
                    ``(B) whose filing status for a taxable year is 
                different from the status used for determining one or 
                more monthly payments under section 7527B during such 
                taxable year, or
                    ``(C) whose principal place of abode for any month 
                is different from the principal place of abode used for 
                determining the monthly payment under section 7527B for 
                such month.
    ``(k) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2025.

``SEC. 24B. CREDIT FOR CERTAIN OTHER DEPENDENTS.

    ``(a) In General.--There shall be allowed as a credit against the 
tax imposed by this chapter for the taxable year an amount equal to 
$500 with respect to each specified dependent of such taxpayer for such 
taxable year.
    ``(b) Limitation Based on Modified Adjusted Gross Income.--
            ``(1) In general.--The amount of the credit allowable under 
        subsection (a) shall be reduced (but not below zero) by $50 for 
        each $1,000 (or fraction thereof) by which the taxpayer's 
        modified adjusted gross income exceeds the threshold amount.
            ``(2) Threshold amount.--For purposes of this subsection, 
        the term `threshold amount' means--
                    ``(A) $400,000, in the case of a joint return or 
                surviving spouse (as defined in section 2(a)),
                    ``(B) $300,000, in the case of a head of household 
                (as defined in section 2(b)), and
                    ``(C) $200,000, in any other case.
            ``(3) Modified adjusted gross income.--For purposes of this 
        subsection, the term `modified adjusted gross income' means 
        adjusted gross income increased by any amount excluded from 
        gross income under section 911, 931, or 933.
    ``(c) Specified Dependent.--For purposes of this section, the term 
`specified dependent' means, with respect to any taxpayer for any 
taxable year, any dependent of such taxpayer for such taxable year 
unless such dependent--
            ``(1) is a specified child of the taxpayer, or any other 
        taxpayer, for any month during such taxable year, or
            ``(2) would not be a dependent if subparagraph (A) of 
        section 152(b)(3) were applied without regard to all that 
        follows `resident of the United States'.
    ``(d) Identification Requirements.--Rules similar to the rules of 
section 24(e) shall apply for purposes of this section.
    ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case 
of a taxable year closed by reason of the death of the taxpayer, no 
credit shall be allowable under this section in the case of a taxable 
year covering a period of less than 12 months.
    ``(f) Inflation Adjustment.--
            ``(1) In general.--In the case of any taxable year 
        beginning after December 31, 2022, the $500 amount in 
        subsection (a) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the percentage (if any) by which--
                            ``(i) the CPI (as defined in section 
                        1(f)(4)) for the calendar year preceding the 
                        calendar year in which such taxable year 
                        begins, exceeds
                            ``(ii) the CPI (as so defined) for calendar 
                        year 2020.
            ``(2) Rounding.--If the increase determined under paragraph 
        (1) is not a multiple of $10, such increase shall be rounded to 
        the nearest multiple of $10.
    ``(g) Regulations.--The Secretary shall issue such regulations or 
other guidance as the Secretary determines necessary or appropriate to 
carry out the purposes of this section.
    ``(h) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2025.''.
    (b) Monthly Payment of Child Tax Credit.--Chapter 77 is amended by 
inserting after section 7527A the following new section:

``SEC. 7527B. MONTHLY PAYMENTS OF CHILD TAX CREDIT.

    ``(a) In General.--The Secretary shall establish a program for 
making payments to taxpayers with respect to each calendar month equal 
to the monthly advance child payment determined with respect to such 
taxpayer for such month.
    ``(b) Monthly Advance Child Payment.--For purposes of this section 
and except as otherwise provided in this section, the term `monthly 
advance child payment' means, with respect to any taxpayer for any 
calendar month, the amount (if any) which is estimated by the Secretary 
as being equal to the monthly specified child allowance which would be 
determined under section 24A(b) with respect to such taxpayer for such 
calendar month if--
            ``(1) unless determined by the Secretary based on any 
        information known to the Secretary, the only specified children 
        of such taxpayer for such calendar month are the specified 
        children of such taxpayer for the reference month,
            ``(2) unless determined by the Secretary based on any 
        information known to the Secretary, the ages of such children 
        (and the status of such children as specified children) are 
        determined for such calendar month by taking into account the 
        passage of time since such reference month,
            ``(3) the limitations of section 24A(b)(2) were applied 
        with respect to the reference taxable year rather than with 
        respect to the applicable taxable year, and
            ``(4) unless determined by the Secretary based on any 
        information known to the Secretary, no monthly specified child 
        allowance were determined with respect to such taxpayer for 
        such calendar month unless the taxpayer (in the case of a joint 
        return, either spouse) has a principal place of abode 
        (determined as provided in section 32) in the United States or 
        Puerto Rico for more than one-half of the reference month.
    ``(c) Presumptive Eligibility.--
            ``(1) In general.--An individual shall be treated as a 
        specified child of a taxpayer for purposes of determining any 
        monthly advance child payment under this section only if such 
        month is part of the period of presumptive eligibility 
        determined by the Secretary under this subsection with respect 
        to such specified child and such taxpayer (determined by 
        treating the month described in subclause (I) of paragraph 
        (2)(A)(ii) as being the first month beginning after the 
        determination described in such subclause).
            ``(2) Period of presumptive eligibility.--For purposes of 
        this section--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, the term `period of presumptive 
                eligibility' means the period--
                            ``(i) beginning with the month for which 
                        presumptive eligibility is established, and
                            ``(ii) ending with the earliest of--
                                    ``(I) the beginning of the month 
                                described in clause (i) if the 
                                Secretary determines that the taxpayer 
                                committed fraud or intentionally 
                                disregarded rules or regulations in 
                                establishing or maintaining presumptive 
                                eligibility,
                                    ``(II) in the case of any 
                                notification from the Secretary that 
                                the period of presumptive eligibility 
                                has been terminated or suspended by 
                                reason of any question regarding 
                                eligibility of the taxpayer for monthly 
                                advance child payments with respect to 
                                such child, the month specified in such 
                                notice as the month on which such 
                                termination or suspension begins, and
                                    ``(III) the month following any 
                                failure of the taxpayer to make the 
                                required annual renewal of presumptive 
                                eligibility by such date as the 
                                Secretary may provide.
                    ``(B) Establishing presumptive eligibility.--A 
                taxpayer shall establish presumptive eligibility with 
                respect to any specified child for any month at such 
                time and in such manner as the Secretary may provide. 
                Except as otherwise provided by the Secretary, in order 
                to establish a period of presumptive eligibility the 
                taxpayer must express a reasonable expectation and 
                intent that the taxpayer will continue to be eligible 
                with respect to such specified child for at least the 
                two months following the month for which presumptive 
                eligibility is to be established.
                    ``(C) Method of establishing presumptive 
                eligibility.--The Secretary shall ensure information to 
                establish presumptive eligibility under this paragraph 
                may be provided on the return of tax for the taxable 
                year ending before the calendar year which includes the 
                month for which such eligibility is to be established, 
                through the on-line portal described in subsection (c), 
                or in such other manner as the Secretary may provide.
                    ``(D) Inclusion of automatic grace periods and 
                periods of hardship.--The period of presumptive 
                eligibility shall include any period to which paragraph 
                (1) or (2) of subsection (g) applies.
                    ``(E) Automatic eligibility for birth of child.--
                The Secretary shall issue regulations or other guidance 
                to establish procedures pursuant to which, to the 
                maximum extent administratively practicable--
                            ``(i) a parent of a child born during a 
                        calendar month shall be treated as 
                        automatically establishing presumptive 
                        eligibility with respect to such child,
                            ``(ii) the period of such automatic 
                        presumptive eligibility is determined, and
                            ``(iii) the first monthly advance child 
                        payment with respect to such child is adjusted 
                        to properly take into account each month in the 
                        taxable year preceding such birth.
                    ``(F) Presumptive eligibility based on certain 
                government programs.--The Secretary shall issue 
                regulations or other guidance to establish procedures 
                under which--
                            ``(i) based on information provided to the 
                        Secretary by one or more government entities, a 
                        parent or specified relative of a child is 
                        treated as automatically establishing 
                        presumptive eligibility with respect to such 
                        child, and
                            ``(ii) the period for which such automatic 
                        presumptive eligibility is determined 
                        (including any additional circumstances under 
                        which such period will terminate).
                    ``(G) Coordination with presumption.--For purposes 
                of determining the status of any individual as a 
                specified child for purposes of determining presumptive 
                eligibility with respect to any period, section 24A(c) 
                shall be applied without regard to paragraph (7) 
                thereof.
            ``(3) Notice of termination of presumptive eligibility by 
        reason of failure to make annual renewal.--If a taxpayer's 
        period of presumptive eligibility with respect to any specified 
        child terminates by reason of paragraph (2)(A)(ii)(IV), the 
        Secretary shall provide the taxpayer a written notice of such 
        termination.
    ``(d) Determination of Reference Month and Reference Taxable 
Year.--For purposes of this section--
            ``(1) Reference month.--The term `reference month' means, 
        with respect to any taxpayer for any calendar month, the most 
        recent of--
                    ``(A) in the case of a taxpayer who filed a return 
                of tax for the last taxable year ending before such 
                calendar month, the last month of such taxable year,
                    ``(B) in the case of a taxpayer who filed a return 
                of tax for the taxable year preceding the taxable year 
                described in subparagraph (A), the last month of such 
                preceding taxable year, and
                    ``(C) in the case of a taxpayer who provides, 
                through a specified alternative mechanism, information 
                which is sufficient to estimate the taxpayer's monthly 
                advance child payment for such month, such month.
            ``(2) Reference taxable year.--The term `reference taxable 
        year' means, with respect to any taxpayer for any calendar 
        month, the most recent of--
                    ``(A) the taxable year described in subparagraph 
                (A) or (B) of paragraph (1), or
                    ``(B) in the case of a taxpayer who provides, 
                through a specified alternative mechanism, information 
                which is sufficient to estimate the taxpayer's modified 
                adjusted gross income for the taxable year which 
                includes such month, such taxable year.
            ``(3) Availability of information.--Any month or year 
        referred to in subparagraphs (A), (B), or (C) of paragraph (1) 
        or subparagraph (A) or (B) of paragraph (2) shall not be taken 
        into account in determining the reference month or reference 
        taxable year with respect to any calendar month unless all 
        relevant information with respect to such month or year is 
        available to the Secretary and the Secretary has adequate time 
        to make estimates under this section on the basis of such 
        information before the beginning of such calendar month.
            ``(4) Treatment of insufficient information.--Except as 
        otherwise provided by the Secretary--
                    ``(A) if a taxpayer is not described in 
                subparagraph (A), (B), or (C) of paragraph (1) with 
                respect to any calendar month, the monthly advance 
                child payment with respect to such taxpayer for such 
                calendar month shall be treated as zero unless the 
                Secretary determines that the Secretary can make the 
                estimate described in subsection (b) on the basis of 
                information known to the Secretary which the Secretary 
                determines is reasonably reliable, and
                    ``(B) if the taxpayer is not described in paragraph 
                (1)(C) and the information on the return of tax 
                referred to in subparagraph (A) or (B) of paragraph (1) 
                does not establish the status of the taxpayer (in the 
                case of a joint return, either spouse) as having a 
                principal place of abode (determined as provided in 
                section 32) in the United States or Puerto Rico for 
                more than one-half of the reference month, the 
                Secretary shall determine such status based on 
                information known to the Secretary.
            ``(5) Transition rule.--In any case with respect to which 
        section 24A was not in effect for the taxable year described in 
        subparagraph (A), (B), or (C) of paragraph (1) (whichever is 
        applicable), subsection (b)(1) shall be applied by substituting 
        `the qualifying children of such taxpayer for the taxable year 
        which includes the reference month' for `the specified children 
        of such taxpayer for the reference month'.
    ``(e) On-line Information Portal; Specified Alternative 
Mechanisms.--
            ``(1) On-line information portal.--The Secretary shall 
        establish an on-line portal which allows taxpayers to--
                    ``(A) subject to such restrictions as the Secretary 
                may provide, elect to begin or cease receiving payments 
                under this section, and
                    ``(B) provide information to the Secretary which is 
                relevant in determining the monthly advance child 
                payment and the taxpayer's eligibility for such 
                payment, including information regarding--
                            ``(i) the number of the taxpayer's 
                        specified children, including by reason of the 
                        birth of a child,
                            ``(ii) the taxpayer's marital status,
                            ``(iii) the taxpayer's modified adjusted 
                        gross income,
                            ``(iv) the taxpayer's principal place of 
                        abode, and
                            ``(v) any other factor which the Secretary 
                        may provide.
            ``(2) Specified alternative mechanism.--For purposes of 
        this section, the term `specified alternative mechanism' means 
        the on-line portal established under paragraph (1), the on-line 
        portal established under section 7527A, and any other mechanism 
        or method established by the Secretary to allow taxpayer's to 
        provide the information described in paragraph (1) (including 
        in connection with the filing of any return of tax).
    ``(f) Specified Child of More Than 1 Taxpayer.--
            ``(1) In general.--In the event that (without regard to 
        this paragraph and determined without regard to any election 
        under subsection (e)(1)) any specified child would be taken 
        into account in determining the monthly advance child payment 
        of more than one taxpayer for the same calendar month--
                    ``(A) except as provided in subparagraph (B), such 
                child shall be so taken into account only with respect 
                to the taxpayer with the most recent reference month, 
                and
                    ``(B) if any such taxpayer is described in 
                subsection (d)(1)(C) (or more than 1 taxpayer is 
                described in subparagraph (A) of this paragraph), the 
                Secretary shall establish procedures under which the 
                Secretary expeditiously adjudicates the taxpayer's 
                competing claims of presumptive eligibility with 
                respect to the same child.
            ``(2) Provisions related to adjudication.--
                    ``(A) Expedited process; appeals.--The procedures 
                established under paragraph (1)(B) shall include--
                            ``(i) an expedited process for taxpayers 
                        who meet such requirements as the Secretary may 
                        establish for such expedited process, and
                            ``(ii) procedures for adjudicating an 
                        appeal of an adverse decision.
                    ``(B) Information receipt and coordination.--The 
                Secretary may enter into agreements to receive 
                information from, and otherwise coordinate with--
                            ``(i) Federal agencies (including the 
                        Social Security Administration and the 
                        Department of Agriculture),
                            ``(ii) any State, local government, Tribal 
                        government, or possession of the United States, 
                        and
                            ``(iii) any other individual or entity that 
                        the Secretary determines to be appropriate for 
                        purposes of adjudicating a competing claim 
                        described in paragraph (1).
                    ``(C) Adjudication not treated as assessment.--An 
                adjudication under the procedures established under 
                paragraph (1)(B) (including the adjudication of any 
                appeal) shall not be treated as an assessment described 
                in section 6201.
                    ``(D) Adjudication not treated as inspection of 
                taxpayer's books of account.--The inspection of a 
                taxpayer's books of account in connection with any 
                adjudication under the procedures established under 
                paragraph (1)(B) (including the adjudication of any 
                appeal) shall not be treated as an examination or 
                inspection of a taxpayer's books of account for 
                purposes of section 7605(b).
            ``(3) Retroactive payments.--If, pursuant to the procedures 
        established under paragraph (1)(B), the Secretary determines 
        that a child is a specified child of a taxpayer and the 
        Secretary did not make payments to such taxpayer with respect 
        to such child for any portion of the period during which the 
        determination was made, the Secretary may make a one-time 
        payment to the taxpayer with respect to which such child is the 
        specified child in an amount equal to the aggregate amount by 
        which the monthly advance child payments to such taxpayer would 
        have increased during such period if such determination had 
        been made immediately.
            ``(4) Recapture of payments.--If, pursuant to the 
        procedures established under paragraph (1)(B), the Secretary 
        makes payments with respect to the child during the period 
        during which the determination is made--
                    ``(A) the Secretary shall provide each taxpayer 
                which receives such payments notice that such payments 
                may be subject to recapture, and
                    ``(B) upon making such determination, the Secretary 
                shall determine on the basis of the facts and 
                circumstances of each such taxpayer whether any such 
                payments should be subject to recapture and shall so 
                notify each such taxpayer.
    ``(g) Rules Related to Grace Periods and Hardships.--
            ``(1) Automatic grace period.--
                    ``(A) In general.--Notwithstanding subsection (f), 
                in the case of any failure or delay in establishing a 
                period of presumptive eligibility with respect to which 
                the taxpayer elects the application of this 
                subparagraph, credit under section 24A or retroactive 
                payment under this section (similar to the payment 
                described in subsection (f)(3)) shall be allowed or 
                made with respect to so much of the period of such 
                failure or delay as does not exceed 3 months. The 
                preceding sentence shall not apply if the Secretary 
                determines that such failure or delay was due to fraud 
                or reckless or intentional disregard of rules and 
                regulations.
                    ``(B) Limitation.--Subparagraph (A) shall not apply 
                with respect to any taxpayer more than once during any 
                36-month period.
            ``(2) Hardship.--Notwithstanding subsection (f), if the 
        Secretary determines that a failure or delay in establishing a 
        period of presumptive eligibility with respect to any specified 
        child was due to domestic violence, serious illness, natural 
        disaster, or any other hardship, credit under section 24A or 
        retroactive payment under this section (similar to the payment 
        described in subsection (f)(3)) shall be allowed or made with 
        respect to so much of the period of such failure or delay as 
        does not exceed 6 months.
    ``(h) Provisions Related to Form, Manner, and Treatment of 
Payments.--
            ``(1) Application of electronic funds payment 
        requirement.--The payments made by the Secretary under 
        subsection (a) shall be made by electronic funds transfer to 
        the same extent and in the same manner as if such payments were 
        Federal payments not made under this title.
            ``(2) Application of certain rules.--Rules similar to the 
        rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall 
        apply for purposes of this section, applied by substituting 
        `January 1, 2022' for `January 1, 2019' in clauses (i) and (ii) 
        of such subparagraph (B).
            ``(3) Exception from reduction or offset.--Any payment made 
        to any individual under this section shall not be--
                    ``(A) subject to reduction or offset pursuant to 
                subsection (c), (d), (e), or (f) of section 6402 or any 
                similar authority permitting offset, or
                    ``(B) reduced or offset by other assessed Federal 
                taxes that would otherwise be subject to levy or 
                collection.
            ``(4) Application of advance payments in the possessions of 
        the united states.--
                    ``(A) Puerto rico.--
                            ``(i) For application of child tax credit 
                        to residents of Puerto Rico, see section 
                        24A(d).
                            ``(ii) For application of monthly advance 
                        child payments to residents of Puerto Rico, see 
                        subsection (b)(4).
                    ``(B) Mirror code possessions.--In the case of any 
                possession of the United States with a mirror code tax 
                system (as defined in section 24A(i)(1)(C)), this 
                section shall not be treated as part of the income tax 
                laws of the United States for purposes of determining 
                the income tax law of such possession unless such 
                possession elects to have this section be so treated.
                    ``(C) Administrative expenses of advance 
                payments.--
                            ``(i) Mirror code possessions.--In the case 
                        of any possession described in subparagraph (B) 
                        which makes the election described in such 
                        subparagraph, the amount otherwise paid by the 
                        Secretary to such possession under section 
                        24A(i)(1)(A) with respect to taxable years 
                        beginning in 2023, 2024, and 2025 shall each be 
                        increased by $300,000 if such possession has a 
                        plan, which has been approved by the Secretary, 
                        for making monthly advance child payments 
                        consistent with such election.
                            ``(ii) American samoa.-- The amount 
                        otherwise paid by the Secretary to American 
                        Samoa under subparagraph (A) of section 
                        24A(i)(3) with respect to taxable years 
                        beginning in 2023, 2024, and 2025 shall each be 
                        increased by $300,000 if the plan described in 
                        subparagraph (B) of such section includes a 
                        program, which has been approved by the 
                        Secretary, for making monthly advance child 
                        payments under rules similar to the rules of 
                        this section.
                            ``(iii) Timing of payment.--The Secretary 
                        may pay, upon the request of the possession of 
                        the United States to which the payment is to be 
                        made, the amount of the increase determined 
                        under clause (i) or (ii), respectively, 
                        immediately upon approval of the plan with 
                        respect to which such payment relates.
    ``(i) Application of Certain Definitions and Rules Applicable to 
Child Tax Credit.--
            ``(1) Definitions.--Except as otherwise provided in this 
        section, terms used in this section which are also used in 
        section 24A shall have the same respective meanings as when 
        used in section 24A.
            ``(2) Treatment of certain deaths.--A child shall not be 
        taken into account in determining the monthly advance child 
        payment for any calendar month if the death of such child 
        before the beginning of the calendar year which includes such 
        month is known to the Secretary as of date on which the 
        Secretary estimates such payment.
            ``(3) Identification requirements.--Rules similar to the 
        rules which apply under section 24A(e) shall apply for purposes 
        of this section except that such rules shall apply with respect 
        to the return of tax for the reference taxable year or, in the 
        case of information provided through a specified alternative 
        mechanism, with respect to the information provided through 
        such mechanism.
            ``(4) Restrictions on taxpayers who improperly claimed 
        credit or monthly advance child payments.--For restrictions on 
        taxpayers who improperly claimed credit or monthly advance 
        child payments, see section 24A(f).
    ``(j) Notice of Payments.--
            ``(1) In general.--Not later than January 31 of the 
        calendar year following any calendar year during which the 
        Secretary makes one or more payments to any taxpayer under this 
        section, the Secretary shall provide such taxpayer with a 
        written notice which includes--
                    ``(A) the taxpayer's taxpayer identity (as defined 
                in section 6103(b)(6)),
                    ``(B) the aggregate amount of such payments made to 
                such taxpayer during such calendar year, and
                    ``(C) such other information as the Secretary 
                determines appropriate.
            ``(2) Certain payments subject to recapture.--In the case 
        of any payments made to a taxpayer which the Secretary has 
        determined are subject to recapture, the notice provided under 
        paragraph (1) to such taxpayer shall include the amount of such 
        payments.
    ``(k) Regulations.--The Secretary shall issue such regulations or 
other guidance as the Secretary determines necessary or appropriate to 
carry out the purposes of this section.
    ``(l) Termination.--No payments shall be made under the program 
established under subsection (a) with respect to any month beginning 
after December 31, 2025.''.
    (c) Suspension of Child Tax Credit During Period That Monthly Child 
Tax Credit Is in Effect.--Section 24 is amended by adding at the end 
the following new subsection:
    ``(l) Coordination With Monthly Child Tax Credit.--This section 
shall not apply to (and no payment shall be made under subsection (k) 
with respect to) any taxable year beginning after December 31, 2022, 
and before January 1, 2026.''.
    (d) Conforming Amendments.--
            (1) Section 26(b)(2) is amended by striking ``and'' at the 
        end of subparagraph (Y), by striking the period at the end of 
        subparagraph (Z) and inserting ``, and'', and by adding at the 
        end the following new subparagraph:
                    ``(AA) section 24A(g)(2) (relating to recapture of 
                certain monthly advance child payments).''.
            (2) Section 152(f)(6)(B)(ii) is amended to read as follows:
                            ``(ii) the credits under sections 24, 24A, 
                        and 24B and the payments under sections 7527A 
                        and 7527B,''.
            (3) Section 3402(f)(1)(C) is amended by inserting ``or 
        section 24A (determined after application of subsection (g) 
        thereof)'' after ``section 24 (determined after application of 
        subsection (j) thereof)''.
            (4) Section 6103(l)(13)(A)(v) is amended by insert ``or 
        section 24A, as the case may be'' after ``section 24''.
            (5) Section 6211(b)(4)(A) is amended by inserting ``24A by 
        reason of subsection (d) thereof,'' after ``24 by reason of 
        subsections (d) and (i)(1) thereof,''.
            (6) Section 6213(g)(2)(I) is amended by inserting ``or 
        section 24A(e) (relating to monthly child tax credit)'' after 
        ``section 24(e) (relating to child tax credit)''.
            (7) Section 6213(g)(2)(L) is amended by inserting ``24A,'' 
        after ``24,''.
            (8) Section 6213(g)(2)(P) is amended--
                    (A) by inserting ``or 24A(f)(2)'' after ``section 
                24(g)(2)'',
                    (B) by inserting ``or 24A'' after ``under section 
                24'', and
                    (C) by striking ``subsection (g)(1) thereof'' and 
                inserting ``section 24(g)(1) or section 24A(f)(1), 
                respectively''.
            (9) Section 6695(g)(2) is amended by inserting ``24A,'' 
        after ``24,''.
            (10) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, as amended by the preceding provisions of this 
        Act, is amended--
                    (A) by inserting ``24A,'' after ``24,'', and
                    (B) by inserting ``7527B,'' after ``7527A,''.
            (11) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 24 the following new items:

``Sec. 24A. Monthly child tax credit.
``Sec. 24B. Credit for certain other dependents.''.
            (12) The table of sections for chapter 77 is amended by 
        inserting after the item relating to section 7527A the 
        following new item:

``Sec. 7527B. Monthly payments of child tax credit.''.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years beginning after December 31, 2022.
            (2) Monthly advance child payments.--The amendments made by 
        subsection (b) shall apply to payments made for calendar months 
        beginning after December 31, 2022.

SEC. 137104. REFUNDABLE CHILD TAX CREDIT AFTER 2025.

    (a) In General.--Section 24, as amended by the preceding provisions 
of this Act, is amended by adding at the end the following new 
subsection:
    ``(m) Refundable Credit After 2025.--In the case of any taxable 
year beginning after December 31, 2025, if the taxpayer (in the case of 
a joint return, either spouse) has a principal place of abode in the 
United States (determined as provided in section 32) for more than one-
half of the taxable year or is a bona fide resident of Puerto Rico 
(within the meaning of section 937(a)) for such taxable year--
            ``(1) subsection (d) shall not apply, and
            ``(2) the credit determined under subsection (a) (after 
        application of paragraph (1)) shall be allowed under subpart C 
        (and not allowed under this subpart).''.
    (b) Conforming Amendments Related to Possessions of the United 
States.--
            (1) Puerto rico.--Section 24(k)(2) is amended--
                    (A) in subparagraph (B) (as amended by the 
                preceding provisions of this Act)--
                            (i) by inserting ``and before January 1, 
                        2026,'' after ``December 31, 2022,'', and
                            (ii) by inserting ``and before 2026'' after 
                        ``After 2022'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Application to taxable years after 2025.--For 
                application of refundable credit to residents of Puerto 
                Rico for taxable years after 2025, see subsection 
                (m).''.
            (2) American samoa.--Section 24(k)(3)(C)(ii), as amended by 
        the preceding provisions of this Act, is amended--
                    (A) in subclause (I), by striking ``and'' at the 
                end,
                    (B) in subclause (II)--
                            (i) by inserting ``and before January 1, 
                        2026,'' after ``after December 31, 2022,'', and
                            (ii) by striking the period at the end and 
                        inserting ``, and'', and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) if such taxable year begins 
                                after December 31, 2025, subsection (m) 
                                shall be applied by substituting 
                                `Puerto Rico or American Samoa' for 
                                `Puerto Rico'.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2025.

SEC. 137105. APPROPRIATIONS.

    Immediately upon the enactment of this Act, in addition to amounts 
otherwise available, there are appropriated out of any money in the 
Treasury not otherwise appropriated:
            (1) $9,000,000,000 to remain available until September 30, 
        2026, for necessary expenses for the Internal Revenue Service 
        to administer the Child Tax Credit, and advance payments of the 
        Child Tax Credit, including the costs of disbursing such 
        payments, which shall supplement and not supplant any other 
        appropriations that may be available for this purpose, and
            (2) $1,000,000,000 is appropriated to the Department of the 
        Treasury, to remain available until September 30, 2026, to 
        support efforts to increase enrollment of eligible families in 
        the Child Tax Credit, for advance payments of the Child Tax 
        Credit, and for other tax benefits, including but not limited 
        to program outreach, costs of data sharing arrangements, 
        systems changes, forms changes, and related efforts, and 
        efforts by federal agencies to facilitate the cross-enrollment 
        of beneficiaries of other programs in the Child Tax Credit, and 
        for advance payments of the Child Tax Credit, including by 
        establishing intergovernmental cooperative agreements with 
        states and local governments, tribal governments, and 
        possessions of the United States: Provided, that such amount 
        shall be available in addition to any amounts otherwise 
        available: Provided further, that these funds may be awarded by 
        federal agencies to state and local governments, tribal 
        governments, and possessions of the United States, and private 
        entities, including organizations dedicated to free tax return 
        preparation.

              PART 2--CHILD AND DEPENDENT CARE TAX CREDIT

SEC. 137201. CERTAIN IMPROVEMENTS TO THE CHILD AND DEPENDENT CARE 
              CREDIT MADE PERMANENT.

    (a) Credit Refundable for Taxpayers With Principal Place of Abode 
in the United States.--Section 21(g) is amended to read as follows;
    ``(g) Credit Refundable for Taxpayers With Principal Place of Abode 
in the United States.--If the taxpayer (in the case of a joint return, 
either spouse) has a principal place of abode in the United States 
(determined as provided in section 32) for more than one-half of the 
taxable year, the credit allowed under subsection (a) shall be treated 
as a credit allowed under subpart C (and not allowed under this 
subpart).''.
    (b) Increase in Dollar Limit on Amount Creditable.--Section 21(c) 
is amended--
            (1) by striking ``$3,000'' in paragraph (1) and inserting 
        ``$8,000'', and
            (2) by striking ``$6,000'' in paragraph (2) and inserting 
        ``$16,000''.
    (c) Increase in Applicable Percentage.--Section 21(a)(2) is 
amended--
            (1) by striking ``35 percent'' and inserting ``50 
        percent'', and
            (2) by striking ``$15,000'' and inserting ``$125,000''.
    (d) Application of Increased Dollar Limitation to Spouses Who Are 
Students or Incapable of Caring for Themselves.--Section 21(d)(2) is 
amended by striking ``of not less than--'' and all that follows through 
``In the case of'' and inserting ``of not less than \1/12\ of the 
dollar amount in effect under paragraph (1) or (2) of subsection (c) 
(whichever is applicable to the taxpayer for the taxable year). In the 
case of''.
    (e) Inflation Adjustment.--Section 21(e) is amended by adding at 
the end the following new paragraph:
            ``(11) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2021, the $125,000 amount 
                in subsection (a)(2), the $8,000 amount in subsection 
                (c)(1), and the $16,000 amount in subsection (c)(2) 
                shall each be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2020' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(B) Rounding.--
                            ``(i) Limitation based on adjusted gross 
                        income.--If any increase determined under 
                        subparagraph (A) of the $125,000 dollar amount 
                        in subsection (a)(2) is not a multiple of 
                        $5,000, such amount shall be rounded to the 
                        nearest multiple of $5,000.
                            ``(i) Dollar limitations.--If any increase 
                        determined under subparagraph (A) of any dollar 
                        amount in subsection (c) is not a multiple of 
                        $100, such amount shall be rounded to the 
                        nearest multiple of $100.''.
    (f) Application of Phaseout to High Income Individuals.--
            (1) In general.--Section 21(a)(2) is amended by striking 
        ``20 percent'' and inserting ``the phaseout percentage''.
            (2) Phaseout percentage.--Section 21(a) is amended by 
        adding at the end the following new paragraph:
            ``(3) Phaseout percentage.--For purposes of paragraph (2), 
        the term `phaseout percentage' means 20 percent reduced (but 
        not below zero) by 1 percentage point for each $2,000 (or 
        fraction thereof) by which the taxpayer's adjusted gross income 
        for the taxable year exceeds $400,000.''.
    (g) Application of Credit in Possessions.--Section 21(h) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``The Secretary'' and inserting 
                ``With respect to taxable years beginning in or with 
                calendar years after 2020, the Secretary'', and
                    (B) by striking ``with respect to taxable years 
                beginning in or with 2021'',
            (2) in paragraph (2)--
                    (A) by striking ``The Secretary'' and inserting 
                ``With respect to taxable years beginning in or with 
                calendar years after 2020, the Secretary'', and
                    (B) by striking ``with respect to taxable years 
                beginning in or with 2021'', and
            (3) in paragraph (3), by striking ``in or with 2021'' and 
        inserting ``after December 31, 2020''.
    (h) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137202. INCREASE IN EXCLUSION FOR EMPLOYER-PROVIDED DEPENDENT CARE 
              ASSISTANCE MADE PERMANENT.

    (a) In General.--Section 129(a)(2)(A) is amended by striking 
``$5,000 ($2,500'' and inserting ``$10,500 (half such dollar amount''.
    (b) Inflation Adjustment.--Section 129(e) is amended by adding at 
the end the following new paragraph:
            ``(10) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after December 31, 2021, the $10,500 amount 
                in subsection (a)(2)(A) shall be increased by an amount 
                equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2020' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(B) Rounding.--If any increase determined under 
                subparagraph (A) is not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.''.
    (c) Conforming Amendment.--Section 129(a)(2) is amended by striking 
subparagraph (D).
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.
    (e) Retroactive Plan Amendments.--A plan that otherwise satisfies 
all applicable requirements of sections 125 and 129 of the Internal 
Revenue Code of 1986 (including any rules or regulations thereunder) 
shall not fail to be treated as a cafeteria plan or dependent care 
assistance program merely because such plan is amended pursuant to a 
provision under this subsection and such amendment is retroactive, if--
            (1) such amendment is adopted no later than the last day of 
        the plan year in which the amendment is effective, and
            (2) the plan is operated consistent with the terms of such 
        amendment during the period beginning on the effective date of 
        the amendment and ending on the date the amendment is adopted.

                     PART 3--SUPPORTING CAREGIVERS

SEC. 137301. PAYROLL TAX CREDIT FOR CHILD CARE WORKERS.

    (a) In General.--Subchapter D of chapter 21 is amended by adding at 
the end the following:

``SEC. 3135. PAYROLL CREDIT FOR CERTAIN WAGES PAID TO CHILD CARE 
              WORKERS.

    ``(a) In General.--In the case of an eligible child care employer, 
there shall be allowed as a credit against applicable employment taxes 
for each calendar quarter an amount equal to 50 percent of the 
qualified child care wages paid with respect to each eligible employee 
of such employer for such calendar quarter.
    ``(b) Limitations and Refundability.--
            ``(1) Limitation on wages taken into account.--The amount 
        of qualified child care wages with respect to any eligible 
        employee which may be taken into account under subsection (a) 
        by the eligible child care employer for any calendar quarter 
        shall not exceed $2,500.
            ``(2) Credit limited to certain employment taxes.--The 
        credit allowed by subsection (a) with respect to any calendar 
        quarter shall not exceed the applicable employment taxes 
        (reduced by any credits allowed under sections 3131, 3132, 
        3134, and 6432) on the wages paid with respect to the 
        employment of all the employees of the eligible child care 
        employer for such calendar quarter.
            ``(3) Refundability of excess credit.--
                    ``(A) Credit is refundable.--If the amount of the 
                credit under subsection (a) exceeds the limitation of 
                paragraph (2) for any calendar quarter, such excess 
                shall be treated as an overpayment that shall be 
                refunded under sections 6402(a) and 6413(b).
                    ``(B) Advancing credit.--In anticipation of the 
                credit, including the refundable portion under 
                subparagraph (A), the credit shall be advanced, 
                according to forms and instructions provided by the 
                Secretary, up to an amount calculated under subsection 
                (a), subject to the limits under paragraph (1), all 
                calculated through the end of the most recent payroll 
                period in the quarter.
    ``(c) Eligible Child Care Employer.--For purposes of this section, 
the term `eligible child care employer' means any employer which 
operates one or more qualified child care facilities.
    ``(d) Qualified Child Care Facility.--For purposes of this section, 
the term `qualified child care facility' means any facility which is 
certified as an HHS Participating Child Care Provider by the Secretary 
of Health and Human Services under section 418A(c) of the Social 
Security Act.
    ``(e) Eligible Employee.--For purposes of this section, the term 
`eligible employee' means, with respect to any eligible child care 
employer for any calendar quarter, any employee of such employer if--
            ``(1) the aggregate wages paid to such employee for such 
        quarter do not exceed 25 percent of the dollar amount in effect 
        for such quarter under section 414(q)(1)(B)(i) (relating to 
        highly compensated employees), and
            ``(2) the aggregate wages paid to such employee for the 1-
        year period ending with the close of such quarter do not exceed 
        100 percent of such dollar amount.
    ``(f) Qualified Child Care Wages.--For purposes of this section--
            ``(1) In general.--The term `qualified child care wages' 
        means, with respect to any eligible employee for any calendar 
        quarter, so much of the child care wages paid by the eligible 
        child care employer to such employee during such quarter as are 
        paid at a rate in excess of the applicable minimum rate. Such 
        term shall not include any wages paid by an eligible child care 
        employer during any period during which the certification 
        described in subsection (d) is not in effect.
            ``(2) Applicable minimum rate.--The term `applicable 
        minimum rate' means, with respect to wages paid to any eligible 
        employee, the rate of basic pay which is payable for GS-3, step 
        1 of the General Schedule under subchapter III of chapter 53 of 
        title 5, United States Code (including 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 the services 
        are provided.
            ``(3) Child care wages.--The term `child care wages' means 
        wages paid for the services of the employee to provide child 
        care at a qualified child care facility or to provide support 
        services for such a facility.
            ``(4) Exception.--The term `child care wages' shall not 
        include any wages taken into account under section 41, 45A, 
        45P, 45R, 51, 1396, 3131, 3132, 3134, or 6432.
    ``(g) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Applicable employment taxes.--The term `applicable 
        employment taxes' means the following:
                    ``(A) The taxes imposed under section 3111(b).
                    ``(B) So much of the taxes imposed under section 
                3221(a) as are attributable to the rate in effect under 
                section 3111(b).
            ``(2) Wages.--
                    ``(A) In general.--The term `wages' means wages (as 
                defined in section 3121(a)), determined without regard 
                to paragraphs (1) through (22) of section 3121(b)) and 
                compensation (as defined in section 3231(e), determined 
                without regard to the sentence in paragraph (1) thereof 
                which begins `Such term does not include 
                remuneration').
                    ``(B) Allowance for certain health plan expenses.--
                            ``(i) In general.--Such term shall include 
                        amounts paid by the eligible child care 
                        employer to provide and maintain a group health 
                        plan (as defined in section 5000(b)(1)), but 
                        only to the extent that such amounts are 
                        excluded from the gross income of employees by 
                        reason of section 106(a).
                            ``(ii) Allocation rules.--For purposes of 
                        this section, amounts treated as wages under 
                        clause (i) shall be treated as paid with 
                        respect to any eligible employee (and with 
                        respect to any period) to the extent that such 
                        amounts are properly allocable to such employee 
                        (and to such period) in such manner as the 
                        Secretary may prescribe. Except as otherwise 
                        provided by the Secretary, such allocation 
                        shall be treated as properly made if made on 
                        the basis of being pro rata among periods of 
                        coverage.
            ``(3) Other terms.--Any term used in this section which is 
        also used in this chapter or chapter 22 shall have the same 
        meaning as when used in such chapter.
            ``(4) Denial of double benefit.--For purposes of chapter 1, 
        the gross income of the employer, for the taxable year which 
        includes the last day of any calendar quarter with respect to 
        which a credit is allowed under this section, shall be 
        increased by the amount of such credit.
            ``(5) Election to not take certain wages into account.--
        This section shall not apply to so much of the qualified child 
        care wages paid by an eligible child care employer as such 
        employer elects (at such time and in such manner as the 
        Secretary may prescribe) to not take into account for purposes 
        of this section.
            ``(6) Certain governmental employers.--No credit shall be 
        allowed under this section to the Government of the United 
        States or to any agency or instrumentality thereof. The 
        preceding sentence shall not apply to any organization 
        described in section 501(c)(1) and exempt from tax under 
        section 501(a).
            ``(7) Coordination with certain programs.--
                    ``(A) In general.--This section shall not apply to 
                so much of the qualified child care wages paid by an 
                eligible child care employer as are taken into account 
                as payroll costs in connection with--
                            ``(i) a covered loan under section 7(a)(37) 
                        or 7A of the Small Business Act,
                            ``(ii) a grant under section 324 of the 
                        Economic Aid to Hard-Hit Small Businesses, Non-
                        Profits, and Venues Act, or
                            ``(iii) a restaurant revitalization grant 
                        under section 5003 of the American Rescue Plan 
                        Act of 2021.
                    ``(B) Application where ppp loans not forgiven.--
                The Secretary shall issue guidance providing that 
                payroll costs paid during the covered period shall not 
                fail to be treated as qualified child care wages under 
                this section by reason of subparagraph (A)(i) to the 
                extent that--
                            ``(i) a covered loan of the taxpayer under 
                        section 7(a)(37) of the Small Business Act is 
                        not forgiven by reason of a decision under 
                        section 7(a)(37)(J) of such Act, or
                            ``(ii) a covered loan of the taxpayer under 
                        section 7A of the Small Business Act is not 
                        forgiven by reason of a decision under section 
                        7A(g) of such Act.
                Terms used in the preceding sentence which are also 
                used in section 7A(g) or 7(a)(37)(J) of the Small 
                Business Act shall, when applied in connection with 
                either such section, have the same meaning as when used 
                in such section, respectively.
            ``(8) Aggregation rule.--All persons treated as a single 
        employer under subsection (a) or (b) of section 52, or 
        subsection (m) or (o) of section 414, shall be treated as one 
        employer for purposes of this section.
            ``(9) Third party payors.--Any credit allowed under this 
        section shall be treated as a credit described in section 
        3511(d)(2).
            ``(10) Inflation adjustment.--In the case of any taxable 
        year beginning after December 31, 2022, the $2,500 amount in 
        subsection (b)(1) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2021' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
        If any amount as adjusted under the preceding sentence is not a 
        multiple of $100, such amount shall be rounded to the nearest 
        multiple of $100.
    ``(h) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary to carry out the purposes of this 
section, including--
            ``(1) regulations or other guidance to prevent the 
        avoidance of the purposes of the limitations under this 
        section,
            ``(2) regulations or other guidance to minimize compliance 
        and record-keeping burdens under this section,
            ``(3) regulations or other guidance providing for waiver of 
        penalties for failure to deposit amounts in anticipation of the 
        allowance of the credit allowed under this section,
            ``(4) regulations or other guidance for recapturing the 
        benefit of credits determined under this section in cases where 
        there is a subsequent adjustment to the credit determined under 
        subsection (a),
            ``(5) regulations or other guidance to permit the 
        advancement of the credit determined under subsection (a), and
            ``(6) regulations or other guidance for applying subsection 
        (f) with respect to eligible employees not paid at a single 
        rate of pay.''.
    (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United 
States Code, is amended by inserting ``3135,'' after ``3134,''.
    (c) Clerical Amendment.--The table of sections for subchapter D of 
chapter 21 is amended by adding at the end the following:

``Sec. 3135. Payroll credit for certain wages paid to child care 
                            workers.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to calendar quarters beginning after December 31, 2021.

SEC. 137302. CREDIT FOR CAREGIVER EXPENSES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
is amended by inserting after section 25D the following new section:

``SEC. 25E. CREDIT FOR CAREGIVER EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual for whom 
there are 1 or more qualified care recipients, there shall be allowed 
as a credit against the tax imposed by this chapter for the taxable 
year an amount equal to 50 percent of the qualified expenses paid or 
incurred by such individual during the taxable year (and not 
compensated for by insurance or otherwise).
    ``(b) Qualified Care Recipient.--For purposes of this section--
            ``(1) In general.--The term `qualified care recipient' 
        means, with respect to any taxable year, any individual who--
                    ``(A) is the spouse of the taxpayer, or any other 
                person who bears a relationship to the taxpayer 
                described in any of subparagraphs (A) through (H) of 
                section 152(d)(2),
                    ``(B) has been certified, before the due date for 
                filing the return of tax for the taxable year, by a 
                licensed health care practitioner (as defined in 
                section 7702B(c)(4)) as being an individual with long-
                term care needs (as defined in paragraph (3)) for a 
                period--
                            ``(i) which is expected to be at least 180 
                        consecutive days, and
                            ``(ii) a portion of which occurs within the 
                        taxable year, and
                    ``(C) resides in a personal residence and not an 
                institutional care facility.
            ``(2) Period for making certification.--Notwithstanding 
        paragraph (1)(B), a certification shall not be treated as valid 
        unless it is made within the 18-month period ending on such due 
        date (or such other period as the Secretary prescribes).
            ``(3) Individuals with long-term care needs.--For purposes 
        of this subsection, the term `individual with long-term care 
        needs' means any individual who meets the requirements of any 
        of the following subparagraphs:
                    ``(A) The individual is at least 6 years of age 
                and--
                            ``(i) is unable to perform (without 
                        substantial assistance from another individual) 
                        at least 2 activities of daily living (as 
                        defined in section 7702B(c)(2)(B)) due to a 
                        loss of functional capacity, or
                            ``(ii) requires substantial supervision to 
                        protect such individual from threats to health 
                        and safety due to severe cognitive impairment 
                        and is unable to perform, without reminding or 
                        cuing assistance, at least 1 activity of daily 
                        living (as so defined) or, to the extent 
                        provided in regulations prescribed by the 
                        Secretary (in consultation with the Secretary 
                        of Health and Human Services), is unable to 
                        engage in age appropriate activities.
                    ``(B) The individual is at least 2 but not 6 years 
                of age and is unable, due to a loss of functional 
                capacity, to perform (without substantial assistance 
                from another individual) at least 2 of the following 
                activities:
                            ``(i) Eating.
                            ``(ii) Transferring.
                            ``(iii) Mobility.
                    ``(C) The individual is under 2 years of age and 
                requires specific durable medical equipment by reason 
                of a severe health condition or requires a skilled 
                practitioner trained to address the individual's 
                condition to be available if the individual's parents 
                or guardians are absent.
            ``(4) Institutional care facility.--For purposes of 
        paragraph (1)(C), an institutional care facility (including two 
        or more places, establishments, or institutions owned by the 
        same legal entity) includes any congregate, protected living 
        residential arrangement that provides or coordinates personal 
        or health care services, including assistance with the 
        activities of daily living and social care, for two or more 
        adults who are aged, infirm, or disabled
    ``(c) Qualified Expenses.--For purposes of this section--
            ``(1) In general.--The term `qualified expenses' means 
        expenses for goods, services, and supports described in 
        paragraph (2) which--
                    ``(A) assist a qualified care recipient with 
                accomplishing activities of daily living (as defined in 
                section 7702B(c)(2)(B)) and instrumental activities of 
                daily living (as defined in section 1915(k)(6)(F) of 
                the Social Security Act), and
                    ``(B) are provided solely for use by such qualified 
                care recipient.
            ``(2) Items described.--The goods, services, and supports 
        described in this paragraph are--
                    ``(A) human assistance, supervision, cuing, and 
                standby assistance,
                    ``(B) health maintenance tasks (such as medication 
                management),
                    ``(C) respite care,
                    ``(D) assistive technologies and devices (including 
                remote health monitoring),
                    ``(E) accessibility modifications of the qualified 
                care recipient's residence,
                    ``(F) counseling, support groups, or training 
                relating to caring for a qualified care recipient, and
                    ``(G) any other items which directly relate to the 
                health and safety of a qualified care recipient, as 
                determined by the Secretary after consultation with the 
                Secretary of Health and Human Services.
            ``(3) Dollar limitation.--The amount taken into account as 
        qualified expenses for any taxable year shall not exceed 
        $4,000.
            ``(4) Denial of double benefit.--Amounts taken into account 
        for purposes of section 21, 129, 213, or 223(f), or such other 
        circumstances as may be provided by the Secretary, shall not be 
        taken into account as qualified expenses.
            ``(5) Documentation requirement.--An expense shall not be 
        treated as a qualified expense unless the taxpayer 
        substantiates such expense under such regulations or guidance 
        as the Secretary shall provide.
    ``(d) Credit Phaseout.--The 50 percent rate under subsection (a) 
shall be reduced by 1 percentage point for every $2,500 or fraction 
thereof by which the taxpayer's adjusted gross income exceeds $75,000.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Payments to related individuals.--Rules similar to 
        the rules of section 21(e)(6) shall apply.
            ``(2) Licensed health care practitioner.--
                    ``(A) In general.--The licensed health care 
                practitioner making the certification for purposes of 
                subsection (b)(1)(B)--
                            ``(i) shall not be related (within the 
                        meaning of section 51(i)(1)) to the taxpayer or 
                        the qualified care recipient, or have a 
                        conflict of interest (as determined under 
                        regulations provided by the Secretary) with 
                        respect to the taxpayer or the qualified care 
                        recipient,
                            ``(ii) shall be licensed and eligible under 
                        applicable State law to certify limitations in 
                        performing activities of daily living, and
                            ``(iii) shall be a participant in the 
                        Medicaid program, pursuant to sections 
                        1902(a)(77) and 1932(d)(6) of the Social 
                        Security Act, or the State Children's Health 
                        Insurance Program under section 2107(e)(1)(G) 
                        of such Act.
                    ``(B) Identification requirement.--
                            ``(i) In general.--No credit shall be 
                        allowed with respect to any qualified care 
                        recipient unless the taxpayer includes the name 
                        and specified provider identification number of 
                        such licensed health care practitioner on the 
                        return of tax for the taxable year.
                            ``(ii) Specified provider identification 
                        number.--The term `specified provider 
                        identification number' means a valid National 
                        Provider Identifier as authorized in section 
                        1173 of the Social Security Act.
            ``(3) Individual may not be claimed by more than 1 
        taxpayer.--An individual shall be treated as a qualified care 
        recipient with respect to only 1 taxpayer, as determined by the 
        Secretary, for any taxable year.
            ``(4) Identification requirement.--No credit shall be 
        allowed with respect to any qualified care recipient unless the 
        taxpayer includes the name and taxpayer identification number 
        of the qualified care recipient on the return of tax for the 
        taxable year.
    ``(f) Termination.--No credit shall be allowed under this section 
for any taxable year beginning after December 31, 2025.''.
    (b) Math Error Authority.--Section 6213(g)(2), as amended by the 
preceding provisions of this Act, is amended by striking ``and'' at the 
end of subparagraph (T), by striking the period at the end of 
subparagraph (U) and inserting ``, and'', and by inserting after 
subparagraph (U) the following new subparagraph:
                    ``(V) an omission of a correct TIN required under 
                section 25E(e)(4) or a correct specified provider 
                identification number required under section 
                25E(e)(2)(B).''.
    (c) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 25D the following new item:

``Sec. 25E. Credit for caregiver expenses.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

                    PART 4--EARNED INCOME TAX CREDIT

SEC. 137401. CERTAIN IMPROVEMENTS TO THE EARNED INCOME TAX CREDIT MADE 
              PERMANENT.

    (a) Decrease in Minimum Age Requirement.--
            (1) In general.--Section 32(c)(1)(A)(ii)(II) is amended by 
        striking ``age 25'' and inserting ``the applicable minimum 
        age''.
            (2) Applicable minimum age.--Section 32(c) is amended by 
        adding at the end the following new paragraph:
            ``(5) Applicable minimum age.--
                    ``(A) In general.--The term `applicable minimum 
                age' means--
                            ``(i) except as otherwise provided in this 
                        subparagraph, age 19,
                            ``(ii) in the case of a specified student 
                        (other than a qualified former foster youth or 
                        a qualified homeless youth), age 24, and
                            ``(iii) in the case of a qualified former 
                        foster youth or a qualified homeless youth, age 
                        18.
                    ``(B) Specified student.--For purposes of this 
                paragraph, the term `specified student' means, with 
                respect to any taxable year, an individual who is an 
                eligible student (as defined in section 25A(b)(3)) 
                during at least 5 calendar months during the taxable 
                year.
                    ``(C) Qualified former foster youth.--For purposes 
                of this paragraph, the term `qualified former foster 
                youth' means an individual who--
                            ``(i) on or after the date that such 
                        individual attained age 14, was in foster care 
                        provided under the supervision or 
                        administration of an entity administering (or 
                        eligible to administer) a plan under part B or 
                        part E of title IV of the Social Security Act 
                        (without regard to whether Federal assistance 
                        was provided with respect to such child under 
                        such part E), and
                            ``(ii) provides (in such manner as the 
                        Secretary may provide) consent for entities 
                        which administer a plan under part B or part E 
                        of title IV of the Social Security Act to 
                        disclose to the Secretary information related 
                        to the status of such individual as a qualified 
                        former foster youth.
                    ``(D) Qualified homeless youth.--For purposes of 
                this paragraph, the term `qualified homeless youth' 
                means, with respect to any taxable year, an individual 
                who certifies, in a manner as provided by the 
                Secretary, that such individual is either an 
                unaccompanied youth who is a homeless child or youth, 
                or is unaccompanied, at risk of homelessness, and self-
                supporting.''.
    (b) Elimination of Maximum Age for Credit.--Section 
32(c)(1)(A)(ii)(II) is amended by striking ``but not attained age 65''.
    (c) Increase in Credit and Phaseout Percentages.--The table 
contained in section 32(b)(1) is amended by striking ``7.65'' each 
place it appears therein and inserting ``15.3''.
    (d) Increase in Earned Income and Phaseout Amounts.--
            (1) In general.--The table contained in section 32(b)(2)(A) 
        is amended--
                    (A) by striking ``$4,220'' and inserting 
                ``$9,820'', and
                    (B) by striking ``$5,280'' and inserting 
                ``$11,610''.
            (2) Application of inflation adjustment.--Section 32(j)(1) 
        is amended--
                    (A) by striking ``(2021 in the case of the dollar 
                amount in subsection (i)(1))'' and inserting ``(2021 in 
                the case of the $9,820 and $11,610 amounts in 
                subsection (b)(2)(A) and the $10,000 amount in 
                subsection (i)(1))'',
                    (B) in subparagraph (B)(i), by inserting ``(other 
                than the $9,820 and $11,610 amounts)'' after 
                ``subsection (b)(2)(A)'', and
                    (C) in subparagraph (B)(iii), by inserting ``the 
                $9,820 and $11,610 amounts in subsection (b)(2)(A) 
                and'' before ``the $10,000 amount in subsection 
                (i)(1)''.
    (e) Section 32, as amended by subsection (f), is amended by adding 
at the end the following new subsection:
    ``(n) Election to Determine Earned Income Based on Prior Taxable 
Year.--
            ``(1) In general.--In the case of a taxpayer whose earned 
        income for any taxable year is less than the earned income of 
        such taxpayer for the preceding taxable year, if such taxpayer 
        elects (at such time and in such manner as the Secretary may 
        provide) the application of this subsection for such taxable 
        year, the earned income of such taxpayer for such taxable year 
        shall be treated for purposes of this section as being equal to 
        the earned income of such taxpayer for such preceding taxable 
        year.
            ``(2) Joint returns.--For purposes of this subsection, in 
        the case of a joint return, the earned income of the taxpayer 
        for the preceding taxable year shall be the sum of the earned 
        income of each spouse for the preceding taxable year.
            ``(3) Treatment as mathematical or clerical error.--In the 
        case of a taxpayer described in paragraph (1) who makes the 
        election described in such paragraph, the use on the return for 
        purposes of this section of an amount of earned income for the 
        preceding taxable year which differs from the amount of such 
        earned income as shown in the electronic files of the Internal 
        Revenue Service shall be treated as a mathematical or clerical 
        error for purposes of section 6213.
            ``(4) Treatment of references.--Any provision of this title 
        which defines or determines earned income by reference to this 
        section shall be applied without regard to this subsection 
        unless such provision specifically provides otherwise.''.
    (f) Repeal of Temporary Provisions.--Section 32 is amended by 
striking subsection (n).
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137402. FUNDS FOR ADMINISTRATION OF EARNED INCOME TAX CREDITS IN 
              THE TERRITORIES.

    (a) Puerto Rico.--Section 7530(a)(1) is amended by striking 
``plus'' at the end of subparagraph (A), by striking the period at the 
end of subparagraph (B) and inserting ``, plus'', and by adding at the 
end the following new subparagraph:
                    ``(C) reasonable administrative costs associated 
                with the provision of the earned income tax credit not 
                in excess of $4,000,000.''.
    (b) Possessions With Mirror Code Tax Systems.--Section 7530(b)(1) 
is amended by striking ``plus'' at the end of subparagraph (A), by 
striking the period at the end of subparagraph (B) and inserting ``, 
plus'', and by adding at the end the following new subparagraph:
                    ``(C) reasonable administrative costs associated 
                with the provision of the earned income tax credit not 
                in excess of $200,000.''.
    (c) American Samoa.--Section 7530(c)(1) is amended by striking 
``plus'' at the end of subparagraph (A), by striking the period at the 
end of subparagraph (B) and inserting ``, plus'', and by adding at the 
end the following new subparagraph:
                    ``(C) reasonable administrative costs associated 
                with the provision of the earned income tax credit not 
                in excess of $200,000.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to payments made for calendar years beginning after December 31, 
2021.

     PART 5--EXPANDING ACCESS TO HEALTH COVERAGE AND LOWERING COSTS

SEC. 137501. IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS OF HEALTH 
              INSURANCE FOR CONSUMERS.

    (a) Increase in Applicable Percentage Made Permanent.--Section 
36B(b)(3)(A) is amended to read as follows:
                    ``(A) Applicable percentage.--The applicable 
                percentage for any taxable year shall be the percentage 
                such that the applicable percentage for any taxpayer 
                whose household income is within an income tier 
                specified in the following table shall increase, on a 
                sliding scale in a linear manner, from the initial 
                premium percentage to the final premium percentage 
                specified in such table for such income tier:


------------------------------------------------------------------------
  ``In the case of household  income
 (expressed as  a percent of poverty     The initial        The final
  line)  within the following income       premium           premium
                tier:                  percentage is--   percentage is--
------------------------------------------------------------------------
Up to 150.0 percent..................                0                0
150.0 percent up to 200.0 percent....                0                2
200.0 percent up to 250.0 percent....                2                4
250.0 percent up to 300.0 percent....                4                6
300.0 percent up to 400.0 percent....                6              8.5
400.0 percent and higher.............              8.5           8.5''.
------------------------------------------------------------------------

    (b) Credit Allowed to Taxpayers Whose Household Income Exceeds 400 
Percent of the Poverty Line.--
            (1) In general.--Section 36B(c)(1)(A) is amended by 
        striking ``but does not exceed 400 percent''.
            (2) Conforming amendment.--Section 36B(c)(1) is amended by 
        striking subparagraph (E).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137502. MODIFICATION OF EMPLOYER-SPONSORED COVERAGE AFFORDABILITY 
              TEST IN HEALTH INSURANCE PREMIUM TAX CREDIT.

    (a) In General.--Section 36B(c)(2)(C) is amended--
            (1) in clause (i)(II), by striking ``9.5 percent'' and 
        inserting ``8.5 percent'', and
            (2) by striking clause (iv).
    (b) Qualified Small Employer Health Reimbursement Arrangements.--
Section 36B(c)(4) is amended--
            (1) in subparagraph (C)(ii), by striking ``9.5 percent'' 
        and inserting ``8.5 percent'', and
            (2) by striking subparagraph (F).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137503. TREATMENT OF LUMP-SUM SOCIAL SECURITY BENEFITS IN 
              DETERMINING HOUSEHOLD INCOME.

    (a) In General.--Section 36B(d)(2) is amended by adding at the end 
the following new subparagraph:
                    ``(C) Exclusion of portion of lump-sum social 
                security benefits.--
                            ``(i) In general.--The term `modified 
                        adjusted gross income' shall not include so 
                        much of any lump-sum social security benefit 
                        payment as is attributable to months ending 
                        before the beginning of the taxable year.
                            ``(ii) Lump-sum social security benefit 
                        payment.--For purposes of this subparagraph, 
                        the term `lump-sum social security benefit 
                        payment' means any payment of social security 
                        benefits (as defined in section 86(d)(1)) which 
                        constitutes more than 1 month of such benefits.
                            ``(iii) Election to include excludable 
                        amount.--With respect to any taxable year 
                        beginning on or after the termination date (as 
                        defined in subsection (h)(2)), a taxpayer may 
                        elect (at such time and in such manner as the 
                        Secretary may provide) to have this 
                        subparagraph not apply for such taxable 
                        year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 137504. TEMPORARY EXPANSION OF HEALTH INSURANCE PREMIUM TAX 
              CREDITS FOR CERTAIN LOW-INCOME POPULATIONS.

    (a) In General.--Section 36B is amended by redesignating subsection 
(h) as subsection (i) and by inserting after subsection (g) the 
following new subsection:
    ``(h) Certain Temporary Rules Beginning in 2022.--
            ``(1) In general.--With respect to any taxable year 
        beginning after December 31, 2021, and before the termination 
        date--
                    ``(A) Eligibility for credit not limited based on 
                income.--Section 36B(c)(1)(A) shall be disregarded in 
                determining whether a taxpayer is an applicable 
                taxpayer.
                    ``(B) Credit allowed to certain low-income 
                employees offered employer-provided coverage.--
                Subclause (II) of subsection (c)(2)(C)(i) shall not 
                apply if the taxpayer's household income does not 
                exceed 138 percent of the poverty line for a family of 
                the size involved. Subclause (II) of subsection 
                (c)(2)(C)(i) shall also not apply to an individual 
                described in the last sentence of such subsection if 
                the taxpayer's household income does not exceed 138 
                percent of the poverty line for a family of the size 
                involved.
                    ``(C) Credit allowed to certain low-income 
                employees offered qualified small employer health 
                reimbursement arrangements.--A qualified small employer 
                health reimbursement arrangement shall not be treated 
                as constituting affordable coverage for an employee (or 
                any spouse or dependent of such employee) for any 
                months of a taxable year if the employee's household 
                income for such taxable year does not exceed 138 
                percent of the poverty line for a family of the size 
                involved.
                    ``(D) Limitations on recapture.--
                            ``(i) In general.--In the case of a 
                        taxpayer whose household income is less than 
                        200 percent of the poverty line for the size of 
                        the family involved for the taxable year, the 
                        amount of the increase under subsection 
                        (f)(2)(A) shall in no event exceed $300 (one-
                        half of such amount in the case of a taxpayer 
                        whose tax is determined under section 1(c) for 
                        the taxable year).
                            ``(ii) Limitation on increase for certain 
                        non-filers.--In the case of any taxpayer who 
                        would not be required to file a return of tax 
                        for the taxable year but for any requirement to 
                        reconcile advance credit payments under 
                        subsection (f), if an Exchange established 
                        under title I of the Patient Protection and 
                        Affordable Care Act has determined that--
                                    ``(I) such taxpayer is eligible for 
                                advance payments under section 1412 of 
                                such Act for any portion of such 
                                taxable year, and
                                    ``(II) such taxpayer's household 
                                income for such taxable year is 
                                projected to not exceed 138 percent of 
                                the poverty line for a family of the 
                                size involved,
                        subsection (f)(2)(A) shall not apply to such 
                        taxpayer for such taxable year and such 
                        taxpayer shall not be required to file such 
                        return of tax.
                            ``(iii) Information provided by exchange.--
                        The information required to be provided by an 
                        Exchange to the Secretary and to the taxpayer 
                        under subsection (f)(3) shall include such 
                        information as is necessary to determine 
                        whether such Exchange has made the 
                        determinations described in subclauses (I) and 
                        (II) of clause (ii) with respect to such 
                        taxpayer.
            ``(2) Termination date.--For purposes of this subsection, 
        the term `termination date' means the later of--
                    ``(A) January 1, 2025, or
                    ``(B) the date on which the Secretary of Health and 
                Human Services makes a written certification to the 
                Secretary that the Secretary of Health and Human 
                Services has fully implemented the program described in 
                section 1948 of the Social Security Act (relating to 
                Federal Medicaid program to close coverage gap in 
                nonexpansion States).''.
    (b) Employer Shared Responsibility Provision Not Applicable With 
Respect to Certain Low-income Taxpayers Receiving Premium Assistance.--
Section 4980H(c)(3) is amended to read as follows:
            ``(3) Applicable premium tax credit and cost-sharing 
        reduction.--
                    ``(A) In general.--The term `applicable premium tax 
                credit and cost-sharing reduction' means--
                            ``(i) any premium tax credit allowed under 
                        section 36B,
                            ``(ii) any cost-sharing reduction under 
                        section 1402 of the Patient Protection and 
                        Affordable Care Act, and
                            ``(iii) any advance payment of such credit 
                        or reduction under section 1412 of such Act.
                    ``(B) Exception with respect to certain low-income 
                taxpayers.--Such term shall not include any premium tax 
                credit, cost-sharing reduction, or advance payment 
                otherwise described in subparagraph (A) if such credit, 
                reduction, or payment is allowed or paid for a taxable 
                year of an employee (beginning after December 31, 2021, 
                and before the termination date, as defined in section 
                36B(h)(2)) with respect to which--
                            ``(i) an Exchange established under title I 
                        of the Patient Protection and Affordable Care 
                        Act has determined that such employee's 
                        household income for such taxable year is 
                        projected to not exceed 138 percent of the 
                        poverty line for a family of the size involved, 
                        or
                            ``(ii) such employee's household income for 
                        such taxable year does not exceed 138 percent 
                        of the poverty line for a family of the size 
                        involved.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137505. ENSURING AFFORDABILITY OF COVERAGE FOR CERTAIN LOW-INCOME 
              POPULATIONS.

    (a) Reducing Cost Sharing Under Qualified Health Plans.--Section 
1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 
18071) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by inserting ``(or, with 
                respect to plan years 2023 and 2024, whose household 
                income does not exceed 400 percent of the poverty line 
                for a family of the size involved)'' before the period; 
                and
                    (B) in the matter following paragraph (2), by 
                adding at the end the following new sentence: ``In the 
                case of an individual with a household income of less 
                than 138 percent of the poverty line for a family of 
                the size involved for any month occurring during the 
                period beginning on January 1, 2022, and ending on 
                December 31, 2022, such individual shall, for such 
                month and for each succeeding month during such period, 
                be treated as having household income equal to 100 
                percent for purposes of applying this section.''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), in the matter preceding 
                clause (i), by inserting ``, with respect to eligible 
                insureds (other than, with respect to plan years 2023 
                and 2024, specified enrollees (as defined in paragraph 
                (6)(C))),'' after ``first be achieved'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``with respect to 
                eligible insureds (other than, with respect to plan 
                years 2023 and 2024, specified enrollees)'' after 
                ``under the plan'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``this 
                        subsection'' and inserting ``paragraph (1) or 
                        (2)''; and
                            (ii) in subparagraph (B), by striking 
                        ``this section'' and inserting ``paragraphs (1) 
                        and (2)''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(6) Special rule for specified enrollees.--
                    ``(A) In general.--The Secretary shall establish 
                procedures under which the issuer of a qualified health 
                plan to which this section applies shall reduce cost-
                sharing under the plan with respect to months occurring 
                during plan years 2023 and 2024 for enrollees who are 
                specified enrollees (as defined in subparagraph (C)) in 
                a manner sufficient to increase the plan's share of the 
                total allowed costs of benefits provided under the plan 
                to 99 percent of such costs.
                    ``(B) Methods for reducing cost sharing.--
                            ``(i) In general.--An issuer of a qualified 
                        health plan making reductions under this 
                        paragraph shall notify the Secretary of such 
                        reductions and the Secretary shall, out of 
                        funds made available under clause (ii), make 
                        periodic and timely payments to the issuer 
                        equal to 12 percent of the total allowed costs 
                        of benefits provided under each such plan to 
                        specified enrollees during plan years 2023 and 
                        2024.
                            ``(ii) Appropriation.--There are 
                        appropriated, out of any monies in the Treasury 
                        not otherwise appropriated, such sums as may be 
                        necessary to the Secretary for purposes of 
                        making payments under clause (i).
                    ``(C) Specified enrollee defined.--For purposes of 
                this section, the term `specified enrollee' means, with 
                respect to a month occurring during a plan year, an 
                eligible insured with a household income of less than 
                138 percent of the poverty line for a family of the 
                size involved during such month. Such insured shall be 
                deemed to be a specified enrollee for each succeeding 
                month in such plan year.''.
    (b) Open Enrollments Applicable to Certain Lower-income 
Populations.--Section 1311(c) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18031(c)) is amended--
            (1) in paragraph (6)--
                    (A) in subparagraph (C), by striking at the end 
                ``and'';
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) with respect to a qualified health plan with 
                respect to which section 1402 applies, for months 
                occurring during the period beginning on January 1, 
                2022, and ending on December 31, 2024, enrollment 
                periods described in subparagraph (A) of paragraph (8) 
                for individuals described in subparagraph (B) of such 
                paragraph.''; and
            (2) by adding at the end the following new paragraph:
            ``(8) Special enrollment period for certain low-income 
        populations.--
                    ``(A) In general.--The enrollment period described 
                in this paragraph is, in the case of an individual 
                described in subparagraph (B), the continuous period 
                beginning on the first day that such individual is so 
                described.
                    ``(B) Individual described.--For purposes of 
                subparagraph (A), an individual described in this 
                subparagraph is an individual--
                            ``(i) with a household income of less than 
                        138 percent of the poverty line for a family of 
                        the size involved; and
                            ``(ii) who is not eligible for minimum 
                        essential coverage (as defined in section 
                        5000A(f) of the Internal Revenue Code of 1986), 
                        other than for coverage described in any of 
                        subparagraphs (B) through (E) of paragraph (1) 
                        of such section.''.
    (c) Additional Benefits for Certain Low-income Individuals for Plan 
Year 2024.--Section 1301(a) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18021(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C)(iv), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) provides, with respect to a plan offered in 
                the silver level of coverage to which section 1402 
                applies during plan year 2024, for benefits described 
                in paragraph (5) in the case of an individual who, for 
                a month during such plan year, has a household income 
                of less than 138 percent of the poverty line for a 
                family of the size involved, and who is eligible to 
                receive cost-sharing reductions under section 1402.''; 
                and
            (2) by adding at the end the following new paragraph:
            ``(5) Additional benefits for certain low-income 
        individuals for plan year 2024.--
                    ``(A) In general.--For purposes of paragraph 
                (1)(D), the benefits described in this paragraph to be 
                provided by a qualified health plan are benefits 
                consisting of non-emergency medical transportation 
                services and services described in subsection (a)(4)(C) 
                of section 1905 of the Social Security Act, without any 
                restriction on the choice of a qualified provider from 
                whom such an individual so enrolled in such plan may 
                receive such services described in such subsection, and 
                without any imposition of cost sharing, which are not 
                otherwise provided under such plan as part of the 
                essential health benefits package described in section 
                1302(a).
                    ``(B) Payments for additional benefits.--
                            ``(i) In general.--An issuer of a qualified 
                        health plan making payments for services 
                        described in subparagraph (A) furnished to 
                        individuals described in paragraph (1)(D) 
                        during plan year 2024 shall notify the 
                        Secretary of such payments and the Secretary 
                        shall, out of funds made available under clause 
                        (ii), make periodic and timely payments to the 
                        issuer equal to payments for such services so 
                        furnished.
                            ``(ii) Appropriation.--There is 
                        appropriated, out of any monies in the Treasury 
                        not otherwise appropriated, such sums as may be 
                        necessary to the Secretary for purposes of 
                        making payments under clause (i).''.
    (d) Education and Outreach Activities.----
            (1) In general.--Section 1321(c) of the Patient Protection 
        and Affordable Care Act (42 U.S.C. 18041(c)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Outreach and educational activities.--
                    ``(A) In general.--In the case of an Exchange 
                established or operated by the Secretary within a State 
                pursuant to this subsection, the Secretary shall carry 
                out outreach and educational activities for purposes of 
                informing individuals described in section 
                1902(a)(10)(A)(i)(VIII) of the Social Security Act who 
                reside in States that have not expended amounts under a 
                State plan (or waiver of such plan) under title XIX of 
                such Act for all such individuals about qualified 
                health plans offered through the Exchange, including by 
                informing such individuals of the availability of 
                coverage under such plans and financial assistance for 
                coverage under such plans. Such outreach and 
                educational activities shall be provided in a manner 
                that is culturally and linguistically appropriate to 
                the needs of the populations being served by the 
                Exchange (including hard-to-reach populations, such as 
                racial and sexual minorities, limited English 
                proficient populations, individuals residing in areas 
                where the unemployment rates exceeds the national 
                average unemployment rate, individuals in rural areas, 
                veterans, and young adults).
                    ``(B) Limitation on use of funds.--No funds 
                appropriated under this paragraph shall be used for 
                expenditures for promoting non-ACA compliant health 
                insurance coverage.
                    ``(C) Non-aca compliant health insurance 
                coverage.--For purposes of subparagraph (B):
                            ``(i) The term `non-ACA compliant health 
                        insurance coverage' means health insurance 
                        coverage, or a group health plan, that is not a 
                        qualified health plan.
                            ``(ii) Such term includes the following:
                                    ``(I) An association health plan.
                                    ``(II) Short-term limited duration 
                                insurance.
                    ``(D) Funding.--There are appropriated, out of any 
                monies in the Treasury not otherwise appropriated, 
                $15,000,000 for fiscal year 2022, and $30,000,000 for 
                each of fiscal years 2023 and 2024, to carry out this 
                paragraph. Funds appropriated under this subparagraph 
                shall remain available until expended.''.
            (2) Navigator program.--Section 1311(i)(6) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 18031(i)(6)) is 
        amended--
                    (A) by striking ``Funding.--Grants under'' and 
                inserting ``Funding.--
                    ``(A) State exchanges.--Grants under''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Federal exchanges.--For purposes of carrying 
                out this subsection, with respect to an Exchange 
                established and operated by the Secretary within a 
                State pursuant to section 1321(c), the Secretary shall 
                obligate $10,000,000 out of amounts collected through 
                the user fees on participating health insurance issuers 
                pursuant to section 156.50 of title 45, Code of Federal 
                Regulations (or any successor regulations) for fiscal 
                year 2022, and $20,000,000 for each of fiscal years 
                2023 and 2024. Such amount so obligated for a fiscal 
                year shall remain available until expended.''.

SEC. 137506. ESTABLISHING A HEALTH INSURANCE AFFORDABILITY FUND.

    (a) In General.--Subtitle D of title I of the Patient Protection 
and Affordable Care Act is amended by inserting after part 5 (42 U.S.C. 
18061 et seq.) the following new part:

         ``PART 6--IMPROVE HEALTH INSURANCE AFFORDABILITY FUND

``SEC. 1351. ESTABLISHMENT OF PROGRAM.

    ``There is hereby established the `Improve Health Insurance 
Affordability Fund' to be administered by the Secretary of Health and 
Human Services, acting through the Administrator of the Centers for 
Medicare & Medicaid Services (in this section referred to as the 
`Administrator'), to provide funding, in accordance with this part, to 
the 50 States and the District of Columbia (each referred to in this 
section as a `State') beginning on January 1, 2023, for the purposes 
described in section 1352.

``SEC. 1352. USE OF FUNDS.

    ``(a) In General.--A State shall use the funds allocated to the 
State under this part for one of the following purposes:
            ``(1) To provide reinsurance payments to health insurance 
        issuers with respect to individuals enrolled under individual 
        health insurance coverage (other than through a plan described 
        in subsection (b)) offered by such issuers.
            ``(2) To provide assistance (other than through payments 
        described in paragraph (1)) to reduce out-of-pocket costs, such 
        as copayments, coinsurance, premiums, and deductibles, of 
        individuals enrolled under qualified health plans offered on 
        the individual market through an Exchange and of individuals 
        enrolled under standard health plans offered through a basic 
        health program established under section 1331.
    ``(b) Exclusion of Certain Grandfathered Plans, Transitional Plans, 
Student Health Plans, and Excepted Benefits.--For purposes of 
subsection (a), a plan described in this subsection is the following:
            ``(1) A grandfathered health plan (as defined in section 
        1251).
            ``(2) A plan (commonly referred to as a `transitional 
        plan') continued under the letter issued by the Centers for 
        Medicare & Medicaid Services on November 14, 2013, to the State 
        Insurance Commissioners outlining a transitional policy for 
        coverage in the individual and small group markets to which 
        section 1251 does not apply, and under the extension of the 
        transitional policy for such coverage set forth in the 
        Insurance Standards Bulletin Series guidance issued by the 
        Centers for Medicare & Medicaid Services on March 5, 2014, 
        February 29, 2016, February 13, 2017, April 9, 2018, March 25, 
        2019, January 31, 2020, and January 19, 2021, or under any 
        subsequent extensions thereof.
            ``(3) Student health insurance coverage (as defined in 
        section 147.145 of title 45, Code of Federal Regulations, or 
        any successor regulation).
            ``(4) Excepted benefits (as defined in section 2791(c) of 
        the Public Health Service Act).

``SEC. 1353. STATE ELIGIBILITY AND APPROVAL; DEFAULT SAFEGUARD.

    ``(a) Encouraging State Options for Allocations.--
            ``(1) In general.--Subject to subsection (b), to be 
        eligible for an allocation of funds under this part for a year 
        (beginning with 2023), a State shall submit to the 
        Administrator an application at such time (but, in the case of 
        allocations for 2023, not later than 120 days after the date of 
        the enactment of this part and, in the case of allocations for 
        a subsequent year, not later than January 1 of the previous 
        year) and in such form and manner as specified by the 
        Administrator containing--
                    ``(A) a description of how the funds will be used; 
                and
                    ``(B) such other information as the Administrator 
                may require.
            ``(2) Automatic approval.--An application so submitted is 
        approved (as outlined in the terms of the plan) unless the 
        Administrator notifies the State submitting the application, 
        not later than 90 days after the date of the submission of such 
        application, that the application has been denied for not being 
        in compliance with any requirement of this part and of the 
        reason for such denial.
            ``(3) 5-year application approval.--If an application of a 
        State is approved for a purpose described in section 1352 for a 
        year, such application shall be treated as approved for such 
        purpose for each of the subsequent 4 years.
            ``(4) Oversight authority and authority to revoke 
        approval.--
                    ``(A) Oversight.--The Secretary may conduct 
                periodic reviews of the use of funds provided to a 
                State under this section, with respect to a purpose 
                described in section 1352, to ensure the State uses 
                such funds for such purpose and otherwise complies with 
                the requirements of this section.
                    ``(B) Revocation of approval.--The approval of an 
                application of a State, with respect to a purpose 
                described in section 1352, may be revoked if the State 
                fails to use funds provided to the State under this 
                section for such purpose or otherwise fails to comply 
                with the requirements of this section.
    ``(b) Default Federal Safeguard for 2023 and 2024 for Certain 
States.--
            ``(1) In general.--For 2023 and 2024, in the case of a 
        State described in paragraph (5), with respect to such year, 
        the State shall not be eligible to submit an application under 
        subsection (a), and the Administrator, in consultation with the 
        applicable State authority, shall from the amount calculated 
        under paragraph (3) for such year, carry out the purpose 
        described in paragraph (2) in such State for such year.
            ``(2) Specified use.--The amount described in paragraph 
        (3), with respect to a State described in paragraph (5) for 
        2023 or 2024, shall be used to carry out the purpose described 
        in section 1352(a)(1) in such State for such year, as 
        applicable, by providing reinsurance payments to health 
        insurance issuers with respect to attachment range claims (as 
        defined in section 1354(b)(2), using the dollar amounts 
        specified in subparagraph (B) of such section for such year) in 
        an amount equal to, subject to paragraph (4), the percentage 
        (specified for such year by the Secretary under such 
        subparagraph) of the amount of such claims.
            ``(3) Amount described.--The amount described in this 
        paragraph, with respect to 2023 or 2024, is the amount equal to 
        the total sum of amounts that the Secretary would otherwise 
        estimate under section 1354(b)(2)(A)(i) for such year for each 
        State described in paragraph (5) for such year, as applicable, 
        if each such State were not so described for such year.
            ``(4) Adjustment.--For purposes of this subsection, the 
        Secretary may apply a percentage under paragraph (3) with 
        respect to a year that is less than the percentage otherwise 
        specified in section 1354(b)(2)(B) for such year, if the cost 
        of paying the total eligible attachment range claims for States 
        described in paragraph (5) for such year at such percentage 
        otherwise specified would exceed the amount calculated under 
        paragraph (3) for such year.
            ``(5) State described.--A State described in this 
        paragraph, with respect to years 2023 and 2024, is a State 
        that, as of January 1 of 2022 or 2023, respectively, was not 
        expending amounts under the State plan (or waiver of such plan) 
        for all individuals described in section 
        1902(a)(10)(A)(i)(VIII) during such year.

``SEC. 1354. ALLOCATIONS.

    ``(a) Appropriation.--For the purpose of providing allocations for 
States under subsection (b) and payments under section 1353(b) there is 
appropriated, out of any money in the Treasury not otherwise 
appropriated, $10,000,000,000 for 2023 and each subsequent year.
    ``(b) Allocations.--
            ``(1) Payment.--
                    ``(A) In general.--From amounts appropriated under 
                subsection (a) for a year, the Secretary shall, with 
                respect to a State not described in section 1353(b) for 
                such year and not later than the date specified under 
                subparagraph (B) for such year, allocate for such State 
                the amount determined for such State and year under 
                paragraph (2).
                    ``(B) Specified date.--For purposes of subparagraph 
                (A), the date specified in this subparagraph is--
                            ``(i) for 2023, the date that is 90 days 
                        after the date of the enactment of this part; 
                        and
                            ``(ii) for 2024 or a subsequent year, 
                        January 1 of the previous year.
                    ``(C) Notifications of allocation amounts.--For 
                2024 and each subsequent year, the Secretary shall 
                notify each State of the amount determined for such 
                State under paragraph (2) for such year by not later 
                than January 1 of the previous year.
            ``(2) Allocation amount determinations.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the amount determined under this paragraph for a year 
                for a State described in paragraph (1)(A) for such year 
                is the amount equal to--
                            ``(i) the amount that the Secretary 
                        estimates would be expended under this part for 
                        such year on attachment range claims of 
                        individuals residing in such State if such 
                        State used such funds only for the purpose 
                        described in paragraph (1) of section 1352(a) 
                        at the dollar amounts and percentage specified 
                        under subparagraph (B) for such year; minus
                            ``(ii) the amount, if any, by which the 
                        Secretary determines--
                                    ``(I) the estimated amount of 
                                premium tax credits under section 36B 
                                of the Internal Revenue Code of 1986 
                                that would be attributable to 
                                individuals residing in such State for 
                                such year without application of this 
                                part; exceeds
                                    ``(II) the estimated amount of 
                                premium tax credits under section 36B 
                                of the Internal Revenue Code of 1986 
                                that would be attributable to 
                                individuals residing in such State for 
                                such year if section 1353(b) applied 
                                for such year and applied with respect 
                                to such State for such year.
                For purposes of the previous sentence and section 
                1353(b)(3), the term `attachment range claims' means, 
                with respect to an individual, the claims for such 
                individual that exceed a dollar amount specified by the 
                Secretary for a year, but do not exceed a ceiling 
                dollar amount specified by the Secretary for such year, 
                under subparagraph (B).
                    ``(B) Specifications.--For purposes of subparagraph 
                (A) and section 1353(b)(3), the Secretary shall 
                determine the dollar amounts and the percentage to be 
                specified under this subparagraph for a year in a 
                manner to ensure that the total amount of expenditures 
                under this part for such year is estimated to equal the 
                total amount appropriated for such year under 
                subsection (a) if such expenditures were used solely 
                for the purpose described in paragraph (1) of section 
                1352(a) for attachment range claims at the dollar 
                amounts and percentage so specified for such year.
            ``(3) Availability.--Funds allocated to a State under this 
        subsection for a year shall remain available through the end of 
        the subsequent year.''.
    (b) Basic Health Program Funding Adjustments.--Section 1331 of the 
Patient Protection and Affordable Care Act (42 U.S.C. 18051) is 
amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) Provision of information on qualified health plan 
        premiums.--
                    ``(A) In general.--For plan years beginning on or 
                after January 1, 2023, the program described in 
                paragraph (1) shall provide that a State may not 
                establish a basic health program unless such State 
                furnishes to the Secretary, with respect to each 
                qualified health plan offered in such State during a 
                year that receives any reinsurance payment from funds 
                made available under part 6 for such year, the adjusted 
                premium amount (as defined in subparagraph (B)) for 
                each such plan and year.
                    ``(B) Adjusted premium amount defined.--For 
                purposes of subparagraph (A), the term `adjusted 
                premium amount' means, with respect to a qualified 
                health plan and a year, the monthly premium for such 
                plan and year that would have applied had such plan not 
                received any payments described in subparagraph (A) for 
                such year.''; and
            (2) in subsection (d)(3)(A)(ii), by adding at the end the 
        following new sentence: ``In making such determination, the 
        Secretary shall calculate the value of such premium tax credits 
        that would have been provided to such individuals enrolled 
        through a basic health program established by a State during a 
        year using the adjusted premium amounts (as defined in 
        subsection (a)(3)(B)) for qualified health plans offered in 
        such State during such year.''.

SEC. 137507. SPECIAL RULE FOR INDIVIDUALS RECEIVING UNEMPLOYMENT 
              COMPENSATION.

    (a) Extension.--Section 36B(g)(1) is amended by striking ``during 
2021,'' and inserting ``after December 31, 2020, and before January 1, 
2026,''.
    (b) Modification of Income Not Taken Into Account.--Section 
36B(g)(1)(B) is amended by striking ``133 percent'' and inserting ``150 
percent''.
    (c) Conforming Amendment.--Section 36B(g) by inserting ``Through 
2025'' after ``2021'' in the heading thereof.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 137508. PERMANENT CREDIT FOR HEALTH INSURANCE COSTS.

    (a) In General.--Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``, and before 
January 1, 2022'' and inserting a period.
    (b) Increase in Credit Percentage.--Subsection (a) of section 35 of 
the Internal Revenue Code of 1986 is amended by striking ``72.5 
percent'' and inserting ``80 percent''.
    (c) Conforming Amendments.--Subsections (b) and (e)(1) of section 
7527 of the Internal Revenue Code of 1986 are each amended by striking 
``72.5 percent'' and inserting ``80 percent''.
    (d) Effective Date.--The amendments made by this section shall 
apply to coverage months beginning after December 31, 2021.

             PART 6--PATHWAY TO PRACTICE TRAINING PROGRAMS

SEC. 137601. ESTABLISHING RURAL AND UNDERSERVED PATHWAY TO PRACTICE 
              TRAINING PROGRAMS FOR POST-BACCALAUREATE STUDENTS AND 
              MEDICAL STUDENTS.

    (a) Program.--
            (1) In general.--Title XVIII of the Social Security Act (42 
        U.S.C. 1395 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 1899C. RURAL AND UNDERSERVED PATHWAY TO PRACTICE TRAINING 
              PROGRAM FOR POST-BACCALAUREATE AND MEDICAL STUDENTS.

    ``(a) In General.--Not later than October 1, 2023, the Secretary 
shall, subject to the succeeding provisions of this section, carry out 
the `Rural and Underserved Pathway to Practice Training Program for 
Post-Baccalaureate and Medical Students' (in this section, referred to 
as the `Program') under which the Secretary awards Pathway to Practice 
medical scholarship vouchers to qualifying students described in 
subsection (b) for the purpose of increasing the number of physicians 
practicing in rural and underserved communities.
    ``(b) Qualifying Student Described.--For purposes of this section, 
a qualifying student described in this subsection is an individual 
who--
            ``(1) attests he or she--
                    ``(A) is or will be a first-generation student of a 
                4-year college, graduate school, or professional 
                school;
                    ``(B) was a Pell Grant recipient; or
                    ``(C) lived in a medically underserved area, rural 
                area, or health professional shortage area for a period 
                of 4 or more years prior to attending an undergraduate 
                program;
            ``(2) has accepted enrollment in--
                    ``(A) a post-baccalaureate program that is not more 
                than 2 years and intends to enroll in a qualifying 
                medical school within 2 years after completion of such 
                program; or
                    ``(B) a qualifying medical school;
            ``(3) will practice medicine in a health professional 
        shortage area, medically underserved area, public hospital, 
        rural area, or as required under subsection (d)(5); and
            ``(4) submits an application and a signed copy of the 
        agreement described under subsection (c).
    ``(c) Applications.--
            ``(1) In general.--To be eligible to receive a Pathway to 
        Practice medical scholarship voucher under this section, a 
        qualifying student described in subsection (b) shall submit to 
        the Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) Information to be included.--As a part of the 
        application described in paragraph (1), the Secretary shall 
        include a notice of the items which are required to be agreed 
        to under subsection (d)(4) for the purpose of notifying the 
        qualifying student of the terms of the Rural and Underserved 
        Pathway to Practice Training Program.
    ``(d) Pathway to Practice Medical Scholarship Voucher Details.--
            ``(1) Number.--On an annual basis, the Secretary may award 
        a Pathway to Practice medical scholarship voucher under the 
        Program to not more than 1,000 qualifying students described in 
        subsection (b).
            ``(2) Prioritization criteria.--In determining whether to 
        award a Pathway to Practice medical scholarship voucher under 
        the Program to qualifying students described in subsection (b), 
        the Secretary shall prioritize applications from any such 
        student who attests that he or she--
                    ``(A) was a participant in the Health Resources and 
                Services Administration Health Careers Opportunity 
                Program or an Area Health Education Center scholar;
                    ``(B) is a disadvantaged student (as defined by the 
                National Health Service Corps of the Health Resources & 
                Services Administration of the Department of Health and 
                Human Services); or
                    ``(C) attended a historically black college or 
                other minority serving institution (as defined in 
                section 1067q of title 20, United States Code).
            ``(3) Duration.--Each Pathway to Practice medical 
        scholarship voucher awarded to a qualifying student pursuant to 
        paragraph (1) shall be so awarded to such a student on an 
        annual basis for each year of enrollment in a post-
        baccalaureate program and a qualifying medical school (as 
        appropriate).
            ``(4) Amount.--Subject to paragraph (5), each Pathway to 
        Practice medical scholarship voucher awarded under the Program 
        shall include amounts for--
                    ``(A) tuition;
                    ``(B) academic fees (as determined by the 
                qualifying medical school);
                    ``(C) required textbooks and equipment;
                    ``(D) a monthly stipend equal to the amount 
                provided for individuals under the health professions 
                scholarship and financial assistance program described 
                in section 2121(c) of title 10, United States Code; and
                    ``(E) any other educational expenses normally 
                incurred by students at the post-baccalaureate program 
                or qualifying medical school (as appropriate).
            ``(5) Required agreement.--No amounts under paragraph (4) 
        may be provided a qualifying student awarded a Pathway to 
        Practice medical scholarship voucher under the Program, unless 
        the qualifying student submits to the Secretary an agreement 
        to--
                    ``(A) complete a post-baccalaureate program that is 
                not more than 2 years (if applicable pursuant to the 
                option under subsection (b)(2)(A));
                    ``(B) graduate from a qualifying medical school;
                    ``(C) complete a residency program in an approved 
                residency training program (as defined in section 
                1886(h)(5)(A));
                    ``(D) complete an initial residency period or the 
                period of board eligibility;
                    ``(E) practice medicine for at least the number of 
                years of the Pathway to Practice medical scholarship 
                voucher awarded under paragraph (2) after a residency 
                program in a health professional shortage area, a 
                medically underserved area, a public hospital, or a 
                rural area, and during such period annually submit 
                documentation with respect to whether the qualifying 
                student practices medicine in such an area and where;
                    ``(F) for the purpose of determining compliance 
                with subparagraph (E), not later than 180 days after 
                the date on which qualifying student completes a 
                residency program, provide to the Secretary information 
                with respect to where the qualifying student is 
                practicing medicine following the period described in 
                such subparagraph;
                    ``(G) except in the case of a waiver for hardship 
                pursuant to section 1892(f)(3), be liable to the United 
                States pursuant to section 1892 for any amounts 
                received under this Program that is determined a past-
                due obligation under subsection (b)(3) of such section 
                in the case qualifying student fails to complete all of 
                the requirements of this agreement under this 
                subsection; and
                    ``(H) for the purpose of determining the amount of 
                Pathway to Practice medical scholarship vouchers paid 
                or incurred by a qualifying medical school or any 
                provider of a post-baccalaureate program referred to in 
                subsection (b)(2)(A) for the costs of tuition under 
                paragraph (4)(A), consent to any personally identifying 
                information being shared with the Secretary of the 
                Treasury.
            ``(6) Responsibilities of participating educational 
        institutions.--Each annual award of an amount of Pathway to 
        Practice medical scholarship voucher under paragraph (2) shall 
        be made with respect to a specific qualifying medical school or 
        post-baccalaureate program that is not more than 2 years and 
        such school or program shall (as a condition of, and prior to, 
        such award being made with respect to such school or program)--
                    ``(A) submit to the Secretary such information as 
                the Secretary may require to determine the amount of 
                such award on the basis of the costs of the costs of 
                the items specified under paragraph (4) (except for 
                subparagraph (D)) with respect to such school or 
                program, and
                    ``(B) enter into an agreement with the Secretary 
                under which such school or provider will verify (in 
                such manner as the Secretary may provide) that amounts 
                paid by such school or provider to the qualifying 
                student are used for such costs.
    ``(e) Definitions.--In this section:
            ``(1) Health professional shortage area.--The team `health 
        professional shortage area' has the meaning given such term in 
        subparagraphs (A) or (B) of section 332(a)(1) of the Public 
        Health Service Act.
            ``(2) Initial residency period.--The term `initial 
        residency period' has the meaning given such term in section 
        1886(h)(5)(F).
            ``(3) Medically underserved area.--The term `medically 
        underserved area' means an area designated pursuant to section 
        330(b)(3)(A) of the Public Health Service Act.
            ``(4) Pell grant recipient.--The term `Pell Grant 
        recipient' has the meaning given such term in section 322(3) of 
        the Higher Education Act of 1965.
            ``(5) Period of board eligibility.--The term `period of 
        board eligibility' has the meaning given such term in section 
        1886(h)(5)(G).
            ``(6) Qualifying medical school.--The term `qualifying 
        medical school' means a school of medicine accredited by the 
        Liaison Committee on Medical Education of the American Medical 
        Association and the Association of American Medical Colleges 
        (or approved by such Committee as meeting the standards 
        necessary for such accreditation) or a school of osteopathy 
        accredited by the American Osteopathic Association, or approved 
        by such Association as meeting the standards necessary for such 
        accreditation which--
                    ``(A) for each academic year, enrolls at least 10 
                qualifying students who are in enrolled in such a 
                school;
                    ``(B) requires qualifying students to enroll in 
                didactic coursework and clinical experience applicable 
                to practicing medicine in health professional shortage 
                areas, medically underserved areas, or rural areas, 
                including--
                            ``(i) clinical rotations in such areas in 
                        applicable specialties (as applicable and as 
                        available);
                            ``(ii) coursework or training experiences 
                        focused on medical issues prevalent in such 
                        areas and cultural and structural competency; 
                        and
                    ``(C) is located in a State (as defined in section 
                210(h)).
            ``(7) Rural area.--The term `rural area' has the meaning 
        given such term in section 1886(d)(2)(D).
    ``(f) Penalty for False Information.--Any person who knowingly and 
willfully obtains by fraud, false statement, or forgery, or fails to 
refund any funds, assets, or property provided under this section or 
attempts to so obtain by fraud, false statement or forgery, or fail to 
refund any funds, assets, or property, received pursuant to this 
section shall be fined not more than $20,000 or imprisoned for not more 
than 5 years, or both.''.
            (2) Agreements.--Section 1892 of the Social Security Act 
        (42 U.S.C. 1395ccc) is amended--
                    (A) in subsection (a)(1)(A)--
                            (i) by striking ``, or the'' and inserting 
                        ``, the''; and
                            (ii) by inserting ``or the Rural and 
                        Underserved Pathway to Practice Training 
                        Program for Post- Baccalaureate and Medical 
                        Students under section 1899C'' before ``, owes 
                        a past-due obligation'';
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking at the 
                        end ``or'';
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding the end the following new 
                        paragraph:
            ``(3) subject to subsection (f), owed by an individual to 
        the United States by breach of an agreement under section 
        1899C(c) and which payment has not been paid by the individual 
        for any amounts received under the Rural and Underserved 
        Pathway to Practice Training Program for Post-Baccalaureate and 
        Medical Students (and accrued interest determined in accordance 
        with subsection (f)(4)) in the case such individual fails to 
        complete the requirements of such agreement.''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(f) Authorities With Respect to the Collection Under the Pathway 
to Practice Training Program.--The Secretary--
            ``(1) shall require payment to the United States for any 
        amount of damages that the United States is entitled to recover 
        under subsection (b)(3), within the 5-year period beginning on 
        the date an eligible individual fails to complete the 
        requirements of such agreement under section 1899C(d)(5) (or 
        such longer period beginning on such date as specified by the 
        Secretary), and any such amounts not paid within such period 
        shall be subject to collection through deductions in Medicare 
        payments pursuant to subsection (e);
            ``(2) may allow payments described in paragraph (1) to be 
        paid in installments over such 5-year period, which shall 
        accrue interest in an amount determined pursuant to paragraph 
        (5);
            ``(3) may waive the requirement for an individual to pay a 
        past-due obligation under subsection (b)(3) in the case of 
        hardship (as determined by the Secretary);
            ``(4) may not disclose any past-due obligation under 
        subsection (b)(3) that is owed to the United States to any 
        credit reporting agency that the United States entitled to be 
        recovered the United States under this section; and
            ``(5) shall make a final determination of whether the 
        amount of payment under section 1899C made to a qualifying 
        student (as described in subsection (b) of such section) was in 
        excess of or less than the amount of payment that is due, and 
        payment of such excess or deficit is not made (or effected by 
        offset) within 90 days of the date of the determination, and 
        interest shall accrue on the balance of such excess or deficit 
        not paid or offset (to the extent that the balance is owed by 
        or owing to the provider) at a rate determined in accordance 
        with the regulations of the Secretary of the Treasury 
        applicable to charges for late payments.''.

SEC. 137602. FUNDING FOR THE RURAL AND UNDERSERVED PATHWAY TO PRACTICE 
              TRAINING PROGRAMS FOR POST-BACCALAUREATE STUDENTS AND 
              MEDICAL STUDENTS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986, as amended by the preceding 
provisions of this Act, is amended by inserting after section 36F the 
following new section:

``SEC. 36G. PATHWAY TO PRACTICE MEDICAL SCHOLARSHIP VOUCHER CREDIT.

    ``(a) In General.--In the case of a qualified educational 
institution, there shall be allowed as a credit against the tax imposed 
by this subtitle for any taxable year an amount equal to the aggregate 
amount paid or incurred by such institution during such taxable year 
pursuant to any Pathway to Practice medical scholarship voucher awarded 
to a qualifying student with respect to such institution.
    ``(b) Determination of Amounts Paid Pursuant to Qualified 
Scholarship Vouchers, etc.--For purposes of this section--
            ``(1) an amount shall be treated as paid or incurred 
        pursuant to an annual award of a Pathway to Practice medical 
        scholarship voucher only if such amount is paid or incurred in 
        reimbursement, or anticipation of, an expense described in 
        subparagraphs (A) through (E) of paragraph (4) of section 
        1899C(d) of the Social Security Act and is subject to 
        verification in such manner as the Secretary of Health and 
        Human Services may provide under paragraph (6) of such section, 
        and
            ``(2) in the case of any amount credited by a qualified 
        educational institution against a liability owed by the 
        qualifying student to such institution, such amount shall be 
        treated as paid by such institution to such student as of the 
        date that such liability would otherwise be due.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified educational institution.--The term 
        `qualified educational institution' means, with respect to any 
        annual award of a Pathway to Practice medical scholarship 
        voucher--
                    ``(A) any qualifying medical school (as defined in 
                subsection (e)(6) of section 1899C of the Social 
                Security Act), and
                    ``(B) any provider of a post-baccalaureate program 
                referred to in subsection (b)(2)(A) of such section,
        which meets the requirements of subsection (d)(6) of such 
        section.
            ``(2) Qualifying student.--The term `qualifying student' 
        means any student to whom the Secretary of Health and Human 
        Services has made an annual award of a Pathway to Practice 
        medical scholarship voucher under section 1899C of the Social 
        Security Act.
            ``(3) Annual award of a pathway to practice medical 
        scholarship voucher.--The term `annual award of a Pathway to 
        Practice medical scholarship voucher' means the annual award of 
        a Pathway to Practice medical scholarship voucher referred to 
        in section 1899C(d)(3) of the Social Security Act.
    ``(d) Coordination of Academic and Taxable Years.--The credit 
allowed under subsection (a) with respect to any Pathway to Practice 
medical scholarship voucher shall not exceed the amount of such voucher 
which is for expenses described in subparagraphs (A) through (E) of 
section 1899C(d)(4) of the Social Security Act, reduced by any amount 
of such voucher with respect to which credit was allowed under this 
section for any prior taxable year.
    ``(e) Regulations.--The Secretary shall issue such regulations or 
other guidance as are necessary or appropriate to carry out the 
purposes of this section.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A), as amended by the preceding 
        provisions of this Act, is amended by inserting ``36G,'' after 
        ``36F,''.
            (2) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, as amended by the preceding provisions of this 
        Act, is amended by inserting ``36G,'' after ``36F,''.
            (3) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of the Internal Revenue Code of 1986, 
        and amended by the preceding provisions of this Act, is amended 
        by inserting after the item relating to section 36F the 
        following new item:

``Sec. 36G. Pathway to Practice medical scholarship voucher credit.''.
    (c) Information Sharing.--The Secretary of Health and Human 
Services shall annually provide the Secretary of the Treasury such 
information regarding the program under section 1899C of the Social 
Security Act as the Secretary of the Treasury may require to administer 
the tax credits determined under section 36G of the Internal Revenue 
Code of 1986, including information to identify qualifying students and 
the qualified educational institutions at which such students are 
enrolled and the amount of the annual award of the Pathway to Practice 
medical scholarship voucher awarded to each such student with respect 
to such institution. Terms used in this subparagraph shall have the 
same meaning as when used is such section 36G.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

SEC. 137603. ESTABLISHING RURAL AND UNDERSERVED PATHWAY TO PRACTICE 
              TRAINING PROGRAMS FOR MEDICAL RESIDENTS.

    Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is 
amended--
            (1) in subsection (d)(5)(B)(v), by inserting 
        ``(h)(4)(H)(vii),'' after ``The provisions of subsections 
        (h)(4)(H)(vi),''; and
            (2) in subsection (h)(4)(H), by adding at the end the 
        following new clause:
                            ``(vii) Increase in full-time equivalent 
                        limitation for hospitals implementing pathway 
                        training programs.--
                                    ``(I) In general.--For cost 
                                reporting periods beginning on or after 
                                October 1, 2026, during which a 
                                resident trains in an applicable 
                                hospital or hospitals (as defined in 
                                subclause (II) in an approved medical 
                                residency training program), the 
                                Secretary shall, after any adjustment 
                                made under any preceding provision of 
                                this paragraph or under any of 
                                paragraphs (7) through (9), subject to 
                                subclause (III), increase the 
                                limitation under subparagraph (F) for 
                                such cost reporting period by the 
                                number of full-time equivalent 
                                residents so trained under such program 
                                during such period (in this clause, 
                                referred to as the `Rural and 
                                Underserved Pathway to Practice 
                                Training Programs for Medical 
                                Residents' or `Program').
                                    ``(II) Applicable hospital or 
                                hospitals defined.--For purposes of 
                                this clause, the term `applicable 
                                hospital or hospitals' means any 
                                hospital that has been recognized by 
                                the Accreditation Council for Graduate 
                                Medical Education as meeting at least 
                                the following requirements for their 
                                approved medical residency training 
                                programs:
                                            ``(aa) The programs provide 
                                        mentorships for residents.
                                            ``(bb) The programs include 
                                        cultural and structural 
                                        competency as part of the 
                                        training of residents under the 
                                        programs.
                                            ``(cc) The programs have a 
                                        demonstrated record of training 
                                        medical residents in medically 
                                        underserved areas, rural areas, 
                                        or health professional shortage 
                                        areas.
                                            ``(dd) The hospital agrees 
                                        to promote community-based 
                                        training of residents under 
                                        their programs, as appropriate.
                                    ``(III) Annual limitation for 
                                number of residents in program.--The 
                                Secretary shall ensure that, during any 
                                1-year period and across all approved 
                                medical residency training programs 
                                described in subclause (I), not more 
                                than 1,000 full-time equivalent 
                                residents are trained each year.
                                    ``(IV) Other definitions.--
                                            ``(aa) Health professional 
                                        shortage area.--The team 
                                        `health professional shortage 
                                        area' has the meaning given 
                                        such term in subparagraphs (A) 
                                        or (B) of section 332(a)(1) of 
                                        the Public Health Service Act.
                                            ``(bb) Medical underserved 
                                        area.--The term `medically 
                                        underserved area' means an area 
                                        designated pursuant to section 
                                        330(b)(3)(A) of the Public 
                                        Health Service Act.
                                            ``(cc) Qualifying medical 
                                        school.--The term `qualifying 
                                        medical school' has the meaning 
                                        given such term in section 
                                        1899C(e)(6).
                                            ``(dd) Qualifying medical 
                                        student.--The term `qualifying 
                                        medical student' has the 
                                        meaning given such term in 
                                        section 1899C(b).
                                            ``(ee) Rural area.--The 
                                        term `rural area' has the 
                                        meaning given such term in 
                                        section 1886(d)(2)(D).''.

SEC. 137604. ADMINISTRATIVE FUNDING OF THE RURAL AND UNDERSERVED 
              PATHWAY TO PRACTICE TRAINING PROGRAMS FOR POST-
              BACCALAUREATE STUDENTS, MEDICAL STUDENTS, AND MEDICAL 
              RESIDENTS.

    The Secretary shall provide for the transfer of $6,000,000 from the 
Hospital Insurance Trust Fund established under section 1817 of the 
Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary 
Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 
1395t), in addition to amounts otherwise available to remain available 
until expended, to carry out the administration of the Rural and 
Underserved Pathway to Practice Training Program for Post-Baccalaureate 
and Medical Students under section 1899C of such Act (42 U.S.C. 
1395mmm) and the Rural and Underserved Pathway to Practice Training 
Programs for Medical Residents under section 1886(h)(4)(H)(vii) of such 
Act (42 U.S.C. 1395ww(h)(4)(H)(vii)).

                        PART 7--HIGHER EDUCATION

SEC. 137701. CREDIT FOR PUBLIC UNIVERSITY RESEARCH INFRASTRUCTURE.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
adding at the end the following new section:

``SEC. 45AA. PUBLIC UNIVERSITY RESEARCH INFRASTRUCTURE CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the public 
university research infrastructure credit determined under this section 
for a taxable year is an amount equal to 40 percent of the qualified 
cash contributions made by a taxpayer during such taxable year.
    ``(b) Qualified Cash Contribution.--
            ``(1) In general.--
                    ``(A) Defined.--For purposes of subsection (a), the 
                qualified cash contribution for any taxable year is the 
                aggregate amount contributed in cash by a taxpayer 
                during such taxable year to a certified educational 
                institution in connection with a qualifying project 
                that, but for this section, would be treated as a 
                charitable contribution for purposes of section 170(c).
                    ``(B) Qualified cash contributions taken into 
                account for purposes of charitable contribution 
                limitations.--Any qualified cash contributions made by 
                a taxpayer under this section shall be taken into 
                account for purposes of determining the percentage 
                limitations under section 170(b).
            ``(2) Designation required.--A contribution shall only be 
        treated as a qualified cash contribution to the extent that it 
        is designated as such by a certified educational institution 
        under subsection (d).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualifying project.--The term `qualifying project' 
        means a project to purchase, construct, or improve research 
        infrastructure property.
            ``(2) Research infrastructure property.--The term `research 
        infrastructure property' means any portion of a property, 
        building, or structure of an eligible educational institution, 
        or any land associated with such property, building, or 
        structure, that is used for research.
            ``(3) Eligible educational institution.--The term `eligible 
        educational institution' means--
                    ``(A) an institution of higher education (as such 
                term is defined in section 101 or 102(c) of the Higher 
                Education Act of 1965) that is a college or university 
                described in section 511(a)(2)(B), or
                    ``(B) an organization described in section 
                170(b)(1)(A)(iv) or section 509(a)(3) to which 
                authority has been delegated by an institution 
                described in subparagraph (A) for purposes of applying 
                for or administering credit amounts on behalf of such 
                institution.
            ``(4) Certified educational institution.--The term 
        `certified educational institution' means an eligible 
        educational institution which has been allocated a credit 
        amount for a qualifying project and--
                    ``(A) has received a certification for such project 
                under subsection (d)(2), and
                    ``(B) designates credit amounts to taxpayers for 
                qualifying cash contributions toward such project under 
                subsection (d)(4).
    ``(d) Qualifying University Research Infrastructure Program.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this section, the 
                Secretary, after consultation with the Secretary of 
                Education, shall establish a program to--
                            ``(i) certify and allocate credit amounts 
                        for qualifying projects to eligible educational 
                        institutions, and
                            ``(ii) allow certified educational 
                        institutions to designate cash contributions 
                        for qualifying projects of such certified 
                        educational institutions as qualified cash 
                        contributions.
                    ``(B) Limitations.--
                            ``(i) Allocation limitation per 
                        institution.--The credit amounts allocated to a 
                        certified educational institution under 
                        subparagraph (A)(i) for all projects shall not 
                        exceed $50,000,000 per calendar year.
                            ``(ii) Overall allocation limitation.--
                                    ``(I) In general.--The total amount 
                                of qualifying project credit amounts 
                                that may be allocated under 
                                subparagraph (A)(i) shall not exceed--
                                            ``(aa) $500,000,000 for 
                                        each of calendar years 2022, 
                                        2023, 2024, 2025, and 2026, and
                                            ``(bb) $0 for each 
                                        subsequent year.
                                    ``(II) Rollover of unallocated 
                                credit amounts.--Any credit amounts 
                                described in subclause (I) that are 
                                unallocated during a calendar year 
                                shall be carried to the succeeding 
                                calendar year and added to the 
                                limitation allowable under such 
                                subclause for such succeeding calendar 
                                year.
                            ``(iii) Designation limitation.--The 
                        aggregate amount of cash contributions which 
                        are designated by a certified educational 
                        institution as qualifying cash contributions 
                        with respect to any qualifying project shall 
                        not exceed 250 percent of the credit amount 
                        allocated to such certified educational 
                        institution for a qualifying project under 
                        subparagraph (A)(i).
            ``(2) Certification application.--Each eligible educational 
        institution which applies for certification of a project under 
        this paragraph shall submit an application in such time, form, 
        and manner as the Secretary may require.
            ``(3) Selection criteria for allocations to eligible 
        educational institutions.--The Secretary, after consultation 
        with the Secretary of Education, shall select applications from 
        eligible educational institutions--
                    ``(A) based on the extent of the expected expansion 
                of an eligible educational institution's targeted 
                research within disciplines in science, mathematics, 
                engineering, and technology, and
                    ``(B) in a manner that ensures consideration is 
                given to eligible educational institutions with full-
                time student populations of less than 12,000.
            ``(4) Designation of qualified cash contributions to 
        taxpayers.--The Secretary, after consultation with the 
        Secretary of Education, shall establish a process by which 
        certified educational institutions shall designate cash 
        contributions to such institutions as qualified cash 
        contributions.
            ``(5) Disclosure of allocations and designations.--
                    ``(A) Allocations.--The Secretary shall, upon 
                allocating credit amounts to an applicant under this 
                subsection, publicly disclose the identity of the 
                applicant and the credit amount allocated to such 
                applicant.
                    ``(B) Designations.--Each certified educational 
                institution shall, upon designating contributions of a 
                taxpayer as qualified cash contributions under this 
                subsection, publicly disclose the identity of the 
                taxpayer and the amount of contributions designated in 
                such time, form, and manner as the Secretary may 
                require.
    ``(e) Regulations and Guidance.--The Secretary, after consultation 
with the Secretary of Education when applicable, shall prescribe such 
regulations and guidance as may be necessary or appropriate to carry 
out the purposes of this section, including regulations for--
            ``(1) prevention of abuse,
            ``(2) establishment of reporting requirements,
            ``(3) establishment of selection criteria for applications, 
        and
            ``(4) disclosure of allocations.
    ``(f) Penalty for Noncompliance.--
            ``(1) In general.--If at any time during the 5-year period 
        beginning on the date of the allocation of credit amounts to a 
        certified educational institution under subsection (d)(1)(A)(i) 
        there is a noncompliance event with respect to such credit 
        amounts, then the following rules shall apply:
                    ``(A) General rule.--Any cash contribution 
                designated as a qualifying cash contribution with 
                respect to a qualifying project for which such credit 
                amounts were allocated under subsection (d)(1)(A)(ii) 
                shall be treated as unrelated business taxable income 
                (as defined in section 512) of such certified 
                educational institution.
                    ``(B) Rule for unused credit amounts.--In the case 
                of unused credit amounts described under paragraph 
                (2)(A) and identified pursuant to subsection (g), the 
                Secretary shall reallocate any portion of such unused 
                credit amounts to certified educational institutions in 
                lieu of imposing the general rule under subparagraph 
                (A).
            ``(2) Noncompliance event.--For purposes of this 
        subsection, the term `noncompliance event' means, with respect 
        to a credit amount allocated to a certified educational 
        institution--
                    ``(A) cash contributions equaling the amount of 
                such credit amount are not designated as qualifying 
                cash contributions within 2 years after December 31 of 
                the year such credit amount is allocated,
                    ``(B) a qualifying project with respect to which 
                such credit amount was allocated is not placed in 
                service within either--
                            ``(i) 4 years after December 31 of the year 
                        such credit amount is allocated, or
                            ``(ii) a period of time that the Secretary 
                        determines is appropriate, or
                    ``(C) the research infrastructure property placed 
                in service as part of a qualifying project with respect 
                to which such credit amount was allocated ceases to be 
                used for research within five years after such property 
                is placed in service.
    ``(g) Review and Reallocation of Credit Amounts.--
            ``(1) Review.--Not later than 5 years after the date of 
        enactment of this section, the Secretary shall review the 
        credit amounts allocated under this section as of such date.
            ``(2) Reallocation.--
                    ``(A) In general.--The Secretary may reallocate 
                credit amounts allocated under this section if the 
                Secretary determines, as of the date of the review in 
                paragraph (1), that such credit amounts are subject to 
                a noncompliance event.
                    ``(B) Additional program.--If the Secretary 
                determines that credits under this section are 
                available for reallocation pursuant to the requirements 
                set forth in subparagraph (A), the Secretary is 
                authorized to conduct an additional program for 
                applications for certification.
                    ``(C) Deadline for reallocation.--The Secretary 
                shall not certify any project, or reallocate any credit 
                amount, pursuant to this paragraph after December 31, 
                2031.
    ``(h) Denial of Double Benefit.--No credit or deduction shall be 
allowed under any other provision of this chapter for any qualified 
cash contribution for which a credit is allowed under this section.
    ``(i) Rule for Trusts and Estates.--For purposes of this section, 
rules similar to the rules of subsection (d) of section 52 shall apply.
    ``(j) Termination.--This section shall not apply to qualified cash 
contributions made after December 31, 2033.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38, as amended by the preceding provisions of this Act, is 
amended by striking ``plus'' at the end of paragraph (38), by striking 
the period at the end of paragraph (39) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(43) the public university research infrastructure credit 
        determined under section 45AA.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by the preceding 
provisions of this Act, is amended by adding at the end the following 
new item:

``Sec. 45AA. Public university research infrastructure credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to qualified cash contributions made after December 31, 2021.

SEC. 137702. MODIFICATION OF EXCISE TAX ON INVESTMENT INCOME OF PRIVATE 
              COLLEGES AND UNIVERSITIES.

    (a) Phaseout of Investment Income Excise Tax for Private Colleges 
and Universities Providing Sufficient Grants and Scholarships.--Section 
4968 is amended by adding at the end the following new subsection:
    ``(e) Phaseout for Institutions Providing Qualified Aid.--
            ``(1) In general.--The amount of tax imposed by subsection 
        (a) (determined without regard to this subsection) shall be 
        reduced (but not below zero) by the amount which bears the same 
        ratio to such amount of tax (as so determined) as--
                    ``(A) the excess (if any) of--
                            ``(i) the aggregate amount of qualified aid 
                        awards provided by the institution to its 
                        first-time, full-time undergraduate students 
                        for academic periods beginning during the 
                        taxable year, over
                            ``(ii) an amount equal to 20 percent of the 
                        aggregate undergraduate tuition and fees 
                        received by the institution from first-time, 
                        full-time undergraduate students for such 
                        academic periods, bears to
                    ``(B) an amount equal to 13 percent of such 
                aggregate undergraduate tuition and fees so received.
            ``(2) Institution must meet reporting requirement.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an applicable educational institution for a taxable 
                year unless such institution furnishes to the 
                Secretary, and makes widely available, a statement 
                detailing the average aggregate amount of Federal 
                student loans received by a student for attendance at 
                the institution, averaged among each of the following 
                groups of first-time, full-time undergraduate students 
                who during the taxable year completed a course of study 
                for which the institution awarded a baccalaureate 
                degree:
                            ``(i) All such students.
                            ``(ii) The students who have been awarded a 
                        Federal Pell Grant under subpart 1 of part A of 
                        title IV of the Higher Education Act of 1965 
                        for attendance at the institution.
                            ``(iii) The students who received work-
                        study assistance under part C of title IV of 
                        such Act for attendance at such institution.
                            ``(iv) The students who were provided such 
                        Federal student loans.
                    ``(B) Form and manner for report.--Such statement 
                shall be furnished at such time and in such form and 
                manner, and made widely available, under such 
                regulations or guidance as the Secretary may prescribe.
                    ``(C) Federal student loans.--For purposes of this 
                paragraph, the term `Federal student loans' means a 
                loan made under part D of title IV of the Higher 
                Education Act of 1965, except such term does not 
                include a Federal Direct PLUS Loan made on behalf of a 
                dependent student.
            ``(3) Other definitions.--For purposes of this subsection--
                    ``(A) First-time, full-time undergraduate 
                student.--The term `first-time, full-time undergraduate 
                student' shall have the same meaning as when used in 
                section 132 of the Higher Education Act of 1965.
                    ``(B) Qualified aid awards.--The term `qualified 
                aid awards' means, with respect to any applicable 
                educational institution, grants and scholarships to the 
                extent used for undergraduate tuition and fees.
                    ``(C) Undergraduate tuition and fees.--The term 
                `undergraduate tuition and fees' means, with respect to 
                any institution, the tuition and fees required for the 
                enrollment or attendance of a student as an 
                undergraduate student at the institution.''.
    (b) Inflation Adjustment to Per Student Asset Threshold.--Section 
4968(b) is amended by adding at the end the following new paragraph:
            ``(3) Inflation adjustment.--In the case of any taxable 
        year beginning after 2022, the dollar amount in paragraph 
        (1)(D) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2021' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
        If any increase determined under this paragraph is not a 
        multiple of $1,000, such increase shall be rounded to the 
        nearest multiple of $1,000.''.
    (c) Clarification of 500 Student Threshold.--Section 4968(b)(1)(A) 
is amended by inserting ``below the graduate level'' after ``500 
tuition-paying students''.
    (d) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 137703. TREATMENT OF FEDERAL PELL GRANTS FOR INCOME TAX PURPOSES.

    (a) Exclusion From Gross Income.--Section 117(b)(1) is amended by 
striking ``received by an individual'' and all that follows and 
inserting ``received by an individual--
                    ``(A) as a scholarship or fellowship grant to the 
                extent the individual establishes that, in accordance 
                with the conditions of the grant, such amount was used 
                for qualified tuition and related expenses, or
                    ``(B) as a Federal Pell Grant under section 401 of 
                the Higher Education Act of 1965.''.
    (b) Treatment for Purposes of American Opportunity Tax Credit and 
Lifetime Learning Credit.--Section 25A(g)(2) is amended--
            (1) in subparagraph (A), by inserting ``described in 
        section 117(b)(1)(A)'' after ``a qualified scholarship'', and
            (2) in subparagraph (C), by inserting ``or Federal Pell 
        Grant under section 401 of the Higher Education Act of 1965'' 
        after ``within the meaning of section 102(a)''.
    (c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 137704. REPEAL OF DENIAL OF AMERICAN OPPORTUNITY TAX CREDIT ON 
              BASIS OF FELONY DRUG CONVICTION.

    (a) In General.--Section 25A(b)(2) is amended by striking 
subparagraph (D).
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

             Subtitle I--Responsibly Funding Our Priorities

SEC. 138001. 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 Internal 
Revenue Code of 1986.

            PART 1--CORPORATE AND INTERNATIONAL TAX REFORMS

                     Subpart A--Corporate Tax Rate

SEC. 138101. INCREASE IN CORPORATE TAX RATE.

    (a) In General.--Section 11(b) is amended to read as follows:
    ``(b) Amount of Tax.--
            ``(1) In general.--The amount of the tax imposed by 
        subsection (a) shall be the sum of--
                    ``(A) 18 percent of so much of the taxable income 
                as does not exceed $400,000,
                    ``(B) 21 percent of so much of the taxable income 
                as exceeds $400,000 but does not exceed $5,000,000, and
                    ``(C) 26.5 percent of so much of the taxable income 
                as exceeds $5,000,000.
        In the case of a corporation which has taxable income in excess 
        of $10,000,000 for any taxable year, the amount of tax 
        determined under the preceding sentence for such taxable year 
        shall be increased by the lesser of (i) 3 percent of such 
        excess, or (ii) $287,000.
            ``(2) Certain personal service corporation not eligible for 
        graduated rates.--Notwithstanding paragraph (1), the amount of 
        the tax imposed by subsection (a) on the taxable income of a 
        qualified personal service corporation (as defined in section 
        448(d)(2)) shall be equal to 26.5 percent of the taxable 
        income.''.
    (b) Proportional Adjustment of Deduction for Dividends Received.--
            (1) In general.--Section 243(a)(1) is amended by striking 
        ``50 percent'' and inserting ``60 percent''.
            (2) Dividends from 20-percent owned corporations.--Section 
        243(c)(1) is amended--
                    (A) prior to amendment by subparagraph (B), by 
                striking ``65 percent'' and inserting ``72.5 percent'', 
                and
                    (B) by striking ``50 percent'' and inserting ``60 
                percent''.
    (c) Conforming Amendment.--Section 1561 is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The component members of a controlled group of 
corporations on a December 31 shall, for their taxable years which 
include such December 31, be limited for purposes of this subtitle to--
            ``(1) amounts in each taxable income bracket in the 
        subparagraphs of section 11(b)(1) which do not aggregate more 
        than the maximum amount in each such bracket to which a 
        corporation which is not a component member of a controlled 
        group is entitled, and
            ``(2) one $250,000 ($150,000 if any component member is a 
        corporation described in section 535(c)(2)(B)) amount for 
        purposes of computing the accumulated earnings credit under 
        section 535(c)(2) and (3).
The amounts specified in paragraph (1) shall be divided equally among 
the component members of such group on such December 31 unless all of 
such component members consent (at such time and in such manner as the 
Secretary shall by regulations prescribe) to an apportionment plan 
providing for an unequal allocation of such amounts. The amounts 
specified in paragraph (2) shall be divided equally among the component 
members of such group on such December 31 unless the Secretary 
prescribes regulations permitting an unequal allocation of such 
amounts. Notwithstanding paragraph (1), in applying the last sentence 
of section 11(b)(1) to such component members, the taxable income of 
all such component members shall be taken into account and any increase 
in tax under such last sentence shall be divided among such component 
members in the same manner as amounts under paragraph (1).'', and
            (2) by striking ``accumulated earnings credit'' in the 
        heading and inserting ``certain multiple tax benefits''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.
    (e) Normalization Requirements.--
            (1) In general.--A normalization method of accounting shall 
        not be treated as being used with respect to any public utility 
        property for purposes of section 167 or 168 of the Internal 
        Revenue Code of 1986 if the taxpayer, in computing its cost of 
        service for ratemaking purposes and reflecting operating 
        results in its regulated books of account, reduces the tax 
        reserve deficit less rapidly or to a lesser extent than such 
        reserve would be reduced under the average rate assumption 
        method.
            (2) Alternative method for certain taxpayers.--If, as of 
        the first day of the taxable year that includes the date of 
        enactment of this Act--
                    (A) the taxpayer was required by a regulatory 
                agency to compute depreciation for public utility 
                property on the basis of an average life or composite 
                rate method, and
                    (B) the taxpayer's books and underlying records did 
                not contain the vintage account data necessary to apply 
                the average rate assumption method,
        the taxpayer will be treated as using a normalization method of 
        accounting if, with respect to such jurisdiction, the taxpayer 
        uses the alternative method for public utility property that is 
        subject to the regulatory authority of that jurisdiction.
            (3) Definitions.--For purposes of this subsection--
                    (A) Tax reserve deficit.--The term ``tax reserve 
                deficit'' means the excess of--
                            (i) the amount which would be the balance 
                        in the reserve for deferred taxes (as described 
                        in section 168(i)(9)(A)(ii) of the Internal 
                        Revenue Code of 1986, or section 
                        167(l)(3)(G)(ii) of such Code as in effect on 
                        the day before the date of the enactment of the 
                        Tax Reform Act of 1986) if the amount of such 
                        reserve were determined by assuming that the 
                        corporate rate increases provided in the 
                        amendments made by this section were in effect 
                        for all prior periods, over
                            (ii) the balance in such reserve as of the 
                        day before such corporate rate increases take 
                        effect.
                    (B) Average rate assumption method.--The average 
                rate assumption method is the method under which the 
                excess in the reserve for deferred taxes is reduced 
                over the remaining lives of the property as used in its 
                regulated books of account which gave rise to the 
                reserve for deferred taxes. Under such method, if 
                timing differences for the property reverse, the amount 
                of the adjustment to the reserve for the deferred taxes 
                is calculated by multiplying--
                            (i) the ratio of the aggregate deferred 
                        taxes for the property to the aggregate timing 
                        differences for the property as of the 
                        beginning of the period in question, by
                            (ii) the amount of the timing differences 
                        which reverse during such period.
                    (C) Alternative method.--The ``alternative method'' 
                is the method in which the taxpayer--
                            (i) computes the tax reserve deficit on all 
                        public utility property included in the plant 
                        account on the basis of the weighted average 
                        life or composite rate used to compute 
                        depreciation for regulatory purposes, and
                            (ii) reduces the tax reserve deficit 
                        ratably over the remaining regulatory life of 
                        the property.
            (4) Treatment of normalization violation.--If, for any 
        taxable year ending after the date of the enactment of this 
        Act, the taxpayer does not use a normalization method of 
        accounting, such taxpayer shall not be treated as using a 
        normalization method of accounting for purposes of subsections 
        (f)(2) and (i)(9)(C) of section 168 of the Internal Revenue 
        Code of 1986.
            (5) Regulations.--The Secretary of the Treasury, or the 
        Secretary's designee, shall issue such regulations or other 
        guidance as may be necessary or appropriate to carry out this 
        subsection, including regulations or other guidance to provide 
        appropriate coordination between this subsection, section 
        13001(d) of Public Law 115-97, and section 203(e) of the Tax 
        Reform Act of 1986.

        Subpart B--Limitations on Deduction for Interest Expense

SEC. 138111. LIMITATIONS ON DEDUCTION FOR INTEREST EXPENSE.

    (a) Interest Expense of Certain Members of International Financial 
Reporting Groups.--Section 163 is amended by redesignating subsection 
(n) as subsection (p) and by inserting after subsection (m) the 
following new subsection:
    ``(n) Limitation on Deduction of Interest by Certain Members of 
International Financial Reporting Groups.--
            ``(1) In general.--In the case of any specified domestic 
        corporation which is a member of any international financial 
        reporting group, the deduction under this chapter for interest 
        paid or accrued during the taxable year in excess of the amount 
        of interest includible in the gross income of such corporation 
        shall not exceed the allowable percentage of 110 percent of 
        such excess.
            ``(2) Specified domestic corporation.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `specified domestic 
                corporation' means any domestic corporation other 
                than--
                            ``(i) any corporation if the excess of--
                                    ``(I) the average amount of 
                                interest paid or accrued by such 
                                corporation during the 3-taxable-year 
                                period ending with the taxable year to 
                                which paragraph (1) applies, over
                                    ``(II) the average amount of 
                                interest includible in the gross income 
                                of such corporation for such 3-taxable-
                                year period,
                        does not exceed $12,000,000,
                            ``(ii) any corporation to which paragraph 
                        (1) of section 163(j) does not apply by reason 
                        of paragraph (3) thereof (relating to exemption 
                        for certain small businesses), and
                            ``(iii) any S corporation, real estate 
                        investment trust, or regulated investment 
                        company.
                    ``(B) Aggregation rule.--For purposes of 
                subparagraph (A)(i), all domestic corporations which 
                are members of the same international financial 
                reporting group shall be treated as a single 
                corporation.
            ``(3) International financial reporting group.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `international 
                financial reporting group' means, with respect to any 
                reporting year, two or more entities if--
                            ``(i) either--
                                    ``(I) at least one entity is a 
                                foreign corporation engaged in a trade 
                                or business within the United States, 
                                or
                                    ``(II) at least one entity is a 
                                domestic corporation and another entity 
                                is a foreign corporation, and
                            ``(ii) such entities are included in the 
                        same applicable financial statement with 
                        respect to such year.
                    ``(B) Additional members.--
                            ``(i) In general.--To the extent provided 
                        by the Secretary in regulations or other 
                        guidance, the specified domestic corporation 
                        referred to in paragraph (1) may elect (at such 
                        time and in such manner as the Secretary may 
                        provide) for purposes of this subsection to 
                        treat any eligible corporation as a member of 
                        the international financial reporting group of 
                        which such specified domestic corporation is a 
                        member if such eligible corporation maintains 
                        (and such specified domestic corporation has 
                        access to) such books and records as the 
                        Secretary determines are satisfactory to allow 
                        for the application of this subsection with 
                        respect to such eligible corporation. Any 
                        election under this clause shall apply only 
                        with respect to the specified domestic 
                        corporation which makes such election.
                            ``(ii) Eligible corporation.--The term 
                        `eligible corporation' means, with respect to 
                        any international financial reporting group, 
                        any corporation if at least 20 percent of the 
                        stock of such corporation (determined by vote 
                        and value) is held (directly or indirectly) by 
                        members of such international financial 
                        reporting group (determined without regard to 
                        this clause).
            ``(4) Allowable percentage.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `allowable percentage' 
                means, with respect to any specified domestic 
                corporation for any taxable year, the ratio (expressed 
                as a percentage and not greater than 100 percent) of--
                            ``(i) such corporation's allocable share of 
                        the international financial reporting group's 
                        reported net interest expense for the reporting 
                        year of such group which ends in or with such 
                        taxable year of such corporation, over
                            ``(ii) such corporation's reported net 
                        interest expense for such reporting year of 
                        such group.
                    ``(B) Reported net interest expense.--The term 
                `reported net interest expense' means--
                            ``(i) with respect to any international 
                        financial reporting group for any reporting 
                        year, the excess of--
                                    ``(I) the aggregate amount of 
                                interest expense reported in such 
                                group's applicable financial statements 
                                for such taxable year, over
                                    ``(II) the aggregate amount of 
                                interest income reported in such 
                                group's applicable financial statements 
                                for such taxable year, and
                            ``(ii) with respect to any specified 
                        domestic corporation for any reporting year, 
                        the excess of--
                                    ``(I) the amount of interest 
                                expense of such corporation reported in 
                                the books and records of the 
                                international financial reporting group 
                                which are used in preparing such 
                                group's applicable financial statements 
                                for such taxable year, over
                                    ``(II) the amount of interest 
                                income of such corporation reported in 
                                such books and records.
                    ``(C) Allocable share of reported net interest 
                expense.--With respect to any specified domestic 
                corporation which is a member of any international 
                financial reporting group, such corporation's allocable 
                share of such group's reported net interest expense for 
                any reporting year is the portion of such expense which 
                bears the same ratio to such expense as--
                            ``(i) the EBITDA of such corporation for 
                        such reporting year, bears to
                            ``(ii) the EBITDA of such group for such 
                        reporting year.
                    ``(D) EBITDA.--
                            ``(i) In general.--The term `EBITDA' means, 
                        with respect to any reporting year, earnings 
                        before interest income and interest expense, 
                        taxes, depreciation, depletion, and 
                        amortization--
                                    ``(I) as determined in the 
                                international financial reporting 
                                group's applicable financial statements 
                                for such year, or
                                    ``(II) for purposes of subparagraph 
                                (A)(i), as determined in the books and 
                                records of the international financial 
                                reporting group which are used in 
                                preparing such statements if not 
                                determined in such statements.
                            ``(ii) Treatment of intra-group 
                        distributions.--The EBITDA of any specified 
                        domestic corporation shall be determined 
                        without regard to any distribution received by 
                        such corporation from any other member of the 
                        international financial reporting group.
                    ``(E) Special rules for non-positive ebitda.--
                            ``(i) Non-positive group ebitda.--In the 
                        case of any international financial reporting 
                        group the EBITDA of which is zero or less, 
                        paragraph (1) shall not apply to any specified 
                        domestic corporation which is a member of such 
                        group.
                            ``(ii) Non-positive entity ebitda.--In the 
                        case of any specified domestic corporation the 
                        EBITDA of which is zero or less, the allowable 
                        percentage shall be 0 percent.
            ``(5) Applicable financial statement.--For purposes of this 
        subsection, the term `applicable financial statement' has the 
        meaning given such term in section 451(b)(3).
            ``(6) Reporting year.--For purposes of this subsection, the 
        term `reporting year' means any year for which an applicable 
        financial statement is prepared or required to be prepared.
            ``(7) Foreign corporations engaged in trade or business 
        within the united states.--For purposes of this subsection, any 
        foreign corporation engaged in a trade or business within the 
        United States shall be treated as a domestic corporation with 
        respect to any earnings, interest income and interest expense, 
        or other amount, which is effectively connected with the 
        conduct of a trade or business in the United States.
            ``(8) Regulations.--The Secretary may issue such 
        regulations or other guidance as are necessary or appropriate 
        to carry out the purposes of this subsection, including 
        regulations or other guidance which--
                    ``(A) allows or requires the adjustment of amounts 
                reported on applicable financial statements,
                    ``(B) allows or requires any corporation to be 
                included or excluded as a member of any international 
                financial reporting group for purposes of any 
                determination or calculation under this subsection,
                    ``(C) provides rules for the application of this 
                subsection with respect to--
                            ``(i) a domestic corporation that is a 
                        partner (directly or indirectly) in a 
                        partnership, and
                            ``(ii) foreign corporation to which this 
                        subsection applies by reason of paragraph 
                        (7).''.
    (b) Modification of Application of Limitation on Business Interest 
to Partnerships and S Corporations.--Section 163(j)(4) is amended to 
read as follows:
            ``(4) Application to partnerships and s corporations.--In 
        the case of any partnership or S corporation, this subsection 
        shall be applied at the partner or shareholder level, 
        respectively.''.
    (c) Carryforward of Disallowed Interest.--
            (1) In general.--Section 163 is amended by inserting after 
        subsection (n), as added by subsection (a), the following new 
        subsection:
    ``(o) Carryforward of Certain Disallowed Interest.--
            ``(1) In general.--The amount of any interest not allowed 
        as a deduction for any taxable year by reason of subsection 
        (j)(1) or (n)(1) (whichever imposes the lower limitation with 
        respect to such taxable year) shall be treated as interest (and 
        as business interest for purposes of subsection (j)(1)) paid or 
        accrued in the succeeding taxable year.
            ``(2) Limitation on carryforward.--Interest paid or accrued 
        in a taxable year beginning after December 31, 2021 (determined 
        without regard to paragraph (1)), shall not be carried forward 
        under paragraph (1) past the fifth taxable year following the 
        taxable year in which such interest was so paid or accrued. For 
        purposes of the preceding sentence, interest shall be treated 
        as allowed as a deduction on a first-in, first-out basis.''.
            (2) Conforming amendments.--
                    (A) Section 163(j)(2) is amended to read as 
                follows:
            ``(2) Carryforward cross-reference.--For carryforward 
        treatment, see subsection (o).''.
                    (B) Section 381(c)(20) is amended to read as 
                follows:
            ``(20) Carryforward of disallowed interest.--The carryover 
        of disallowed interest described in section 163(o) to taxable 
        years ending after the date of distribution or transfer.''.
                    (C) Section 382(d)(3) is amended to read as 
                follows:
            ``(3) Application to carryforward of disallowed interest.--
        The term `pre-change loss' shall include any carryover of 
        disallowed interest described in section 163(o) under rules 
        similar to the rules of paragraph (1).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.
    (e) Transition Rule.--In the case of a partner's first succeeding 
taxable year described in subclause (II) of section 163(j)(4)(B)(ii) of 
the Internal Revenue Code of 1986 (as in effect before the amendment 
made by subsection (b)) which begins after December 31, 2021, the 
amount of excess business interest which would (but for such amendment) 
be carried to such taxable year under such subclause shall be treated 
as interest (and as business interest for purposes of section 163(j) of 
such Code, as amended by this section) paid or accrued in such taxable 
year. For carryover of any such interest disallowed for such taxable 
year, see section 163(o) of such Code, as amended by this section.

              Subpart C--Outbound International Provisions

SEC. 138121. MODIFICATIONS TO DEDUCTION FOR FOREIGN-DERIVED INTANGIBLE 
              INCOME AND GLOBAL INTANGIBLE LOW-TAXED INCOME.

    (a) In General.--Section 250(a) is amended to read as follows:
    ``(a) In General.--In the case of a domestic corporation for any 
taxable year, there shall be allowed as a deduction an amount equal to 
the sum of--
            ``(1) 21.875 percent of the foreign-derived intangible 
        income of such domestic corporation for such taxable year, plus
            ``(2) 37.5 percent of--
                    ``(A) the global intangible low-taxed income (if 
                any) which is included in the gross income of such 
                domestic corporation under section 951A for such 
                taxable year, and
                    ``(B) the amount treated as a dividend received by 
                such corporation under section 78 which is attributable 
                to the amount described in subparagraph (A).''.
    (b) Deduction Taken Into Account in Determining Net Operating Loss 
Deduction.--Section 172(d) is amended by striking paragraph (9).
    (c) Certain Other Modifications.--
            (1) Section 250(b)(3) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by striking ``and'' at the end of 
                        subclause (V),
                            (ii) by striking ``over'' at the end of 
                        subclause (VI), and
                            (iii) by adding at the end the following 
                        new subclauses:
                                    ``(VII) any income received or 
                                accrued which is of a kind which would 
                                be foreign personal holding company 
                                income (as defined in section 954(c)),
                                    ``(VIII) any amount included in the 
                                gross income of such corporation under 
                                section 1293, and
                                    ``(IX) any disqualified 
                                extraterritorial income, over'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Disqualified extraterritorial income.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A)(i)(IX), the term `disqualified 
                        extraterritorial income' means any amount 
                        included in the gross income of the corporation 
                        with respect to any transaction for any taxable 
                        year if any amount could (determined after 
                        application of clause (ii) but without regard 
                        to any election under section 942(a)(3) as in 
                        effect before its repeal) be excluded from the 
                        gross income of the corporation with respect to 
                        such transaction for such taxable year by 
                        reason of section 114 pursuant to the 
                        application of subsection (d) or (f) of section 
                        101 of the American Jobs Creation Act of 2004.
                            ``(ii) Election out of extraterritorial 
                        income benefits.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                corporation referred to in clause (i) 
                                may make an irrevocable election (at 
                                such time and in such form and manner 
                                as the Secretary may provide) to have 
                                subsections (d) and (f) of section 101 
                                of the American Jobs Creation Act of 
                                2004 not apply with respect to such 
                                corporation for the taxable year for 
                                which such election is made and all 
                                succeeding taxable years (applicable 
                                with respect to all transactions, 
                                including transactions occurring before 
                                such taxable year).
                                    ``(II) Expanded affiliated 
                                groups.--In the case of any corporation 
                                which is a member of an expanded 
                                affiliated group, the election 
                                described in subclause (I) may be made 
                                only by the common parent of such group 
                                and shall apply with respect to all 
                                members of such group. For purposes of 
                                the preceding sentence, the term 
                                `expanded affiliated group' means an 
                                affiliated group as defined in section 
                                1504(a), determined without regard to 
                                section 1504(b)(3) and by substituting 
                                `more than 50 percent' for `at least 80 
                                percent' each place it appears.''.
            (2) Section 613A(d)(1) is amended by striking ``and'' at 
        the end of subparagraph (D), by striking the period at the end 
        of subparagraph (E) and inserting ``, and'', and by inserting 
        after subparagraph (E) the following new subparagraph:
                    ``(F) any deduction allowable under section 250.''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years beginning after December 31, 2021.
            (2) Certain other modifications.--The amendments made by 
        subsection (c) shall apply to taxable years beginning after 
        December 31, 2017.
    (e) Transitional Rule for Accelerated Percentage Reduction.--
            (1) In general.--In the case of any taxable year which 
        includes December 31, 2021 (other than a taxable year with 
        respect to which such date is the last day of such taxable 
        year)--
                    (A) the percentage in effect under section 
                250(a)(1)(A) of the Internal Revenue Code of 1986 shall 
                be treated as being equal to the sum of--
                            (i) the pre-effective date percentage of 
                        37.5 percent, plus
                            (ii) the post-effective date percentage of 
                        21.875 percent, and
                    (B) the percentage in effect under section 
                250(a)(1)(B) of such Code shall be treated as being 
                equal to the sum of--
                            (i) the pre-effective date percentage of 50 
                        percent, plus
                            (ii) the post-effective date percentage of 
                        37.5 percent.
            (2) Pre- and post-effective date percentages.--For purposes 
        of this subsection, with respect to any taxable year--
                    (A) the term ``pre-effective date percentage'' 
                means the ratio that the portion of such taxable year 
                which precedes January 1, 2022, bears to the entire 
                taxable year, and
                    (B) the term ``post-effective date percentage'' 
                means the ratio that the remainder of such taxable year 
                bears to the entire taxable year.

SEC. 138122. REPEAL OF ELECTION FOR 1-MONTH DEFERRAL IN DETERMINATION 
              OF TAXABLE YEAR OF SPECIFIED FOREIGN CORPORATIONS.

    (a) In General.--Section 898(c) is amended by striking paragraph 
(2) and redesignating paragraph (3) as paragraph (2).
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years of specified foreign corporations beginning 
after November 30, 2021.
    (c) Transition Rule.--A taxpayer's first taxable year beginning 
after November 30, 2021, shall end at the same time as the first 
required year (within the meaning of section 898(c)(1) of the Internal 
Revenue Code of 1986) ending after such date.

SEC. 138123. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO 
              CERTAIN TAXPAYERS RECEIVING SPECIFIC ECONOMIC BENEFITS.

    (a) In General.--Section 901 is amended by redesignating subsection 
(n) as subsection (o) and by inserting after subsection (m) the 
following new subsection:
    ``(n) Special Rules Relating to Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this chapter, any amount paid or accrued by a dual capacity 
        taxpayer to a foreign country or possession of the United 
        States for any period shall not be considered a tax--
                    ``(A) if, for such period, the foreign country or 
                possession does not impose a generally applicable 
                income tax, or
                    ``(B) to the extent such amount exceeds the amount 
                which would be paid or accrued by such dual capacity 
                taxpayer under the generally applicable income tax 
                imposed by such country or possession if such taxpayer 
                were not a dual capacity taxpayer.
                Nothing in this paragraph shall be construed to imply 
                the proper treatment of any such amount not in excess 
                of the amount determined under subparagraph (B).
            ``(2) Dual capacity taxpayer.--For purposes of this 
        subsection, the term `dual capacity taxpayer' means, with 
        respect to any foreign country or possession of the United 
        States, a person who--
                    ``(A) is subject to a levy of such country or 
                possession, and
                    ``(B) receives (or will receive) directly or 
                indirectly a specific economic benefit from such 
                country or possession.
            ``(3) Generally applicable income tax.--For purposes of 
        this subsection, the term `generally applicable income tax' 
        means an income tax (or a series of income taxes) which is 
        generally imposed under the laws of a foreign country or 
        possession of the United States on residents of such foreign 
        country or possession that are not dual capacity taxpayers.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2021, and to taxable years of United States shareholders in which 
or with which such taxable years of foreign corporations end.

SEC. 138124. MODIFICATIONS TO FOREIGN TAX CREDIT LIMITATIONS.

    (a) Country-by-country Application of Limitation on Foreign Tax 
Credit Based on Taxable Units.--
            (1) In general.--Section 904 is amended by inserting after 
        subsection (d) the following new subsection:
    ``(e) Country-by-country Application Based on Taxable Units.--
            ``(1) In general.--The provisions of subsections (a), (b), 
        (c), and (d) and sections 907 and 960 shall be applied 
        separately with respect to each country by taking into account 
        the aggregate income properly attributable or otherwise 
        allocable to a taxable unit of the taxpayer which is a tax 
        resident of such country.
            ``(2) Taxable units.--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, each item shall be attributable or 
                otherwise allocable to exactly one taxable unit of the 
                taxpayer.
                    ``(B) Determination of taxable units.--Except as 
                otherwise provided by the Secretary, the taxable units 
                of a taxpayer are as follows:
                            ``(i) General taxable unit.--The person 
                        that is the taxpayer and that is not otherwise 
                        described in a separate clause of this 
                        subparagraph.
                            ``(ii) Controlled foreign corporations.--
                        Each controlled foreign corporation with 
                        respect to which the taxpayer is a United 
                        States shareholder.
                            ``(iii) Interests in pass-through 
                        entities.--Each interest held (directly or 
                        indirectly) by the taxpayer or any controlled 
                        foreign corporation referred to in clause (ii) 
                        in a pass-through entity if such pass-through 
                        entity is a tax resident of a country other 
                        than the country with respect to which such 
                        taxpayer or controlled foreign corporation (as 
                        the case may be) is a tax resident.
                            ``(iv) Branches.--Each branch (or portion 
                        thereof) the activities of which are directly 
                        or indirectly carried on by the taxpayer or any 
                        controlled foreign corporation referred to in 
                        clause (ii) and which give rise to a taxable 
                        presence in a country other than the country in 
                        which the taxpayer or any such controlled 
                        foreign corporation (as the case may be) is a 
                        tax resident.
            ``(3) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Tax resident.--Except as otherwise provided 
                by the Secretary, the term `tax resident' means a 
                person or arrangement subject to tax under the tax law 
                of a country as a resident, or a person or arrangement 
                that gives rise to a taxable presence by reason of its 
                activities in such country. If an entity is organized 
                under the law of a country, or resident in a country, 
                that does not impose an income tax with respect to such 
                entity, such entity shall, except as provided by the 
                Secretary, be treated as subject to tax under the tax 
                law of such country for the purposes of the preceding 
                sentence.
                    ``(B) Pass-through entity.--Except as otherwise 
                provided by the Secretary, the term `pass-through 
                entity' includes any partnership or other entity or 
                arrangement to the extent that income, gain, deduction, 
                or loss of the entity is taken into account in 
                determining the income or loss of a person that owns 
                (directly or indirectly) an interest in such entity.
                    ``(C) Branch.--Except as otherwise provided by the 
                Secretary, the term `branch' means a taxable presence 
                of a tax resident in a country other than its country 
                of residence as determined under such other country's 
                tax law. The Secretary shall provide regulations or 
                other guidance applying such term to activities in a 
                country that does not subject income to tax on the 
                basis of residence or taxable presence.
                    ``(D) Treatment of fiscally autonomous 
                jurisdictions.--Any fiscally autonomous jurisdiction 
                shall be treated as a separate country. Any possession 
                of the United States shall also be treated as separate 
                country. For purposes of the preceding sentence, the 
                term `possession of the United States' means each of 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, the Commonwealth of Puerto Rico, Guam, 
                and the Virgin Islands.
            ``(4) Regulations.--The Secretary shall issue such 
        regulations or other guidance as may be necessary or 
        appropriate to carry out, or prevent avoidance of, the purposes 
        of this subsection, including regulations or other guidance--
                    ``(A) providing for the application of this 
                subsection to entities, arrangements, and branches that 
                are otherwise considered a resident of more than one 
                country or no country,
                    ``(B) providing for the application of this 
                subsection to hybrid entities or hybrid transactions 
                (as such terms are used for purposes of section 267A), 
                pass-through entities, passive foreign investment 
                companies, trusts, and other entities or arrangements 
                not otherwise described in this subsection, and
                    ``(C) providing for the assignment of any item 
                (including foreign taxes and deductions) to taxable 
                units, including in the case of amounts not otherwise 
                taken into account in determining taxable income under 
                this chapter.''.
            (2) Application of recapture of overall foreign loss.--
        Section 904(f)(5)(E)(i) is amended by inserting ``applied 
        separately with respect to each country (within the meaning of 
        subsection (e)) as provided in subsection (e)'' before the 
        period at the end.
            (3) Application of separate limitation losses with respect 
        to global intangible low-taxed income.--Section 904(f)(5) is 
        amended by adding at the end the following new subparagraph:
                    ``(G) Special rule with respect to global 
                intangible low-taxed income.--The amount of the 
                separate limitation losses for any taxable year shall 
                reduce income described in subparagraph (d)(1)(A) for 
                such taxable year only to the extent the aggregate 
                amount of such losses exceeds the aggregate amount of 
                the separate limitation incomes for such taxable year. 
                For purposes of this subparagraph, separate limitation 
                income shall exclude income described in subparagraph 
                (d)(1)(A) for the taxable year.''.
    (b) Repeal of Separate Application to Foreign Branch Income.--
            (1) In general.--Section 904(d)(1) is amended by striking 
        subparagraph (B) and redesignating subparagraphs (C) and (D) as 
        subparagraph (B) and (C).
            (2) Coordination with deduction for foreign-derived 
        intangible income.--Section 205(b)(3)(A) is amended--
                    (A) by striking subclause (VI) of clause (i) and 
                inserting the following new subclause:
                                    ``(VI) the income of a United 
                                States person which is attributable to 
                                1 or more branches (which would be 
                                referred to in clause (iv) of section 
                                904(e)(2)(B) if such clause were 
                                applied without regard to any reference 
                                to a controlled foreign corporation) or 
                                pass-through entities (which would be 
                                referred to in clause (iii) of section 
                                904(e)(2)(B) if such clause were 
                                applied without regard to any reference 
                                to a controlled foreign corporation) in 
                                1 or more foreign countries, over'', 
                                and
                    (B) by adding at the end the following flush 
                sentence:
                ``For purposes of clause (i)(VI), the amount of income 
                attributable to a branch or pass-through entity shall 
                be determined under rules established by the 
                Secretary.''.
            (3) Conforming amendments.--
                    (A) Section 904(d)(2)(A)(ii) is amended by striking 
                ``, foreign branch income,''.
                    (B) Section 904(d)(2) is amended by striking 
                subparagraph (J).
    (c) Modification of Foreign Tax Credit Carryback and 
Carryforward.--
            (1) Carryover limited to 5 taxable years.--
                    (A) In general.--Section 904(c) is amended by 
                striking ``10 succeeding taxable years'' and inserting 
                ``5 succeeding taxable years''.
                    (B) Conforming amendment.--Section 6511(d)(3)(A) is 
                amended by striking ``10 years'' and inserting ``5 
                years''.
            (2) Repeal of carryback.--Section 904(c) is amended--
                    (A) by striking ``in the first preceding taxable 
                year, and'',
                    (B) by striking ``preceding or'' each place it 
                appears, and
                    (C) by striking ``Carryback and'' in the heading 
                thereof.
            (3) Carryover applicable to tax on global intangible low-
        taxed income.--Section 904(c) is amended by striking the last 
        sentence.
            (4) Application to limitation on foreign oil and gas 
        taxes.--Section 907(f)(1) is amended--
                    (A) by striking ``in the first preceding taxable 
                year and'', and
                    (B) by striking ``first 10'' and inserting ``first 
                5''.
    (d) Treatment of Certain Tax-exempt Dividends.--
            (1) Certain tax-exempt dividends taken into account in 
        applying limitations on foreign tax credits.--Section 904(b) is 
        amended by striking paragraph (4).
            (2) Certain tax-exempt dividends not taken into account in 
        allocating interest expense.--Section 864(e)(3) is amended by 
        striking ``or 245(a)'' and inserting ``, 245(a), or 245A''.
    (e) Rules for Allocation of Certain Deductions to Foreign Source 
Global Intangible Low-taxed Income for Purposes of Foreign Tax Credit 
Limitation.--Section 904(b), as amended by the preceding provisions of 
this Act, is amended by adding at the end the following new paragraph:
            ``(4) Deductions treated as allocable to foreign source 
        global intangible low-taxed income.--In the case of a domestic 
        corporation and solely for purposes of the application of 
        subsection (a) with respect to amounts described in subsection 
        (d)(1)(A), the taxpayer's taxable income from sources without 
        the United States shall be determined by--
                    ``(A) allocating any deduction allowed under 
                section 250 to such income, and
                    ``(B) by treating any expense of such domestic 
                corporation as not allocable to such income.''.
    (f) Treatment of Certain Asset Dispositions.--Section 904(b), as 
amended by the preceding provisions of this Act, is amended by adding 
at the end the following new paragraph:
            ``(5) Treatment of certain asset dispositions.--
                    ``(A) In general.--Except as otherwise provided by 
                the Secretary, in the case of any covered asset 
                disposition, the principles of section 338(h)(16) shall 
                apply in determining the source and character of any 
                item for purposes of this part.
                    ``(B) Covered asset disposition.--For purposes of 
                this paragraph, the term `covered asset disposition' 
                means any transaction which--
                            ``(i) is treated as a disposition of assets 
                        for purposes of subchapter N of this chapter, 
                        and
                            ``(ii) is treated as a disposition of stock 
                        of a corporation (or is disregarded) for 
                        purposes of the tax laws of the relevant 
                        foreign country or possession of the United 
                        States.
                    ``(C) Regulations.--The Secretary shall issue such 
                regulations or other guidance as is necessary or 
                appropriate to carry out, or to the prevent the 
                avoidance of, the purposes of this paragraph.''.
    (g) Redetermination of Foreign Taxes and Related Claims.--
            (1) In general.--Section 905(c)(1) is amended by striking 
        ``or'' at the end of subparagraph (B) and by inserting after 
        subparagraph (C) the following new subparagraphs:
                    ``(D) the taxpayer makes a timely change in its 
                choice to claim a credit or deduction for taxes paid or 
                accrued, or
                    ``(E) there is any other change in the amount, or 
                treatment, of taxes, which affects the taxpayer's tax 
                liability under this chapter.''.
            (2) Modification to time for claiming credit or 
        deduction.--Section 901(a) is amended by striking the second 
        sentence and inserting the following: ``The choice to claim a 
        credit for such amounts may be made at any time before the 
        expiration of the period prescribed by section 6511(d)(3)(A), 
        and the choice to claim a deduction in lieu of a credit may be 
        made at any time before the expiration of the period prescribed 
        by section 6511(a), for making a claim for refund or credit of 
        the tax imposed by this chapter for such taxable year, or such 
        later period prescribed by section 6511(c) if the period is 
        extended by agreement.''.
            (3) Modification to special period of limitation.--Section 
        6511(d)(3)(A) is amended--
                    (A) by inserting ``change in the liability for'' 
                before ``any taxes paid or accrued'',
                    (B) by striking ``actually paid'' and inserting 
                ``paid (or deemed paid under section 960)'', and
                    (C) by inserting ``change in the liability for'' 
                before ``foreign taxes'' in the heading thereof.
    (h) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years beginning after December 31, 2021.
            (2) Modification of foreign tax credit carryback and 
        carryforward.--Except as otherwise provided in paragraph (3), 
        the amendments made by subsection (c) shall apply to taxes paid 
        or accrued in taxable years beginning after December 31, 2021.
            (3) Certain modifications.--The amendment made by 
        subsection (c)(4)(B) shall apply to taxable years of foreign 
        corporations beginning after December 31, 2017, and to taxable 
        years of United States shareholders in which or with which such 
        taxable years of foreign corporations end.
            (4) Redetermination of foreign taxes and related claims.--
        The amendments made by subsection (g) shall take effect on the 
        date which is 60 days after the date of the enactment of this 
        Act.
    (i) Regulations.--The Secretary shall prescribe rules providing for 
the application of subsection (e) of section 904 of the Internal 
Revenue Code of 1986, as added by this section, to any amounts carried 
over under subsection (c) of such section from a taxable year with 
respect to which such subsection (e) did not apply to a taxable year 
with respect to which such subsection (e) does apply.

SEC. 138125. FOREIGN OIL AND GAS EXTRACTION INCOME AND FOREIGN OIL 
              RELATED INCOME TO INCLUDE OIL SHALE AND TAR SANDS.

    (a) In General.--Paragraphs (1)(A) and (2)(A) of section 907(c) are 
each amended by inserting ``(or oil shale or tar sands)'' after ``oil 
or gas wells''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2021, and to taxable years of United States shareholders in which 
or with which such taxable years of foreign corporations end.

SEC. 138126. MODIFICATIONS TO INCLUSION OF GLOBAL INTANGIBLE LOW-TAXED 
              INCOME.

    (a) Country-by-country Application of Section Based on CFC Taxable 
Units.--Section 951A is amended by adding at the end the following new 
subsection:
    ``(g) Country-by-country Application of Section Based on CFC 
Taxable Units.--
            ``(1) In general.--If any CFC taxable unit of a United 
        States shareholder is a tax resident of a country which is 
        different from the country with respect to which any other CFC 
        taxable unit of such United States shareholder is a tax 
        resident--
                    ``(A) such shareholder's global intangible low-
                taxed income for purposes of subsection (a) shall be 
                the sum of the amounts of global intangible low-taxed 
                income determined separately with respect to each 
                country with respect to which any CFC taxable unit of 
                such shareholder is a tax resident, and
                    ``(B) for purposes of determining such separate 
                amounts of global intangible low-taxed income--
                            ``(i) any reference in subsection (b), (c), 
                        or (d) to a controlled foreign corporation of 
                        such shareholder shall be treated as reference 
                        to a CFC taxable unit of such shareholder, and
                            ``(ii) net CFC tested income, net deemed 
                        tangible income return, qualified business 
                        asset investment, interest expense described in 
                        subsection (b)(2)(B), and such other items and 
                        amounts as the Secretary may provide, shall be 
                        determined separately with respect to each such 
                        country by determining such amounts with 
                        respect to each CFC taxable unit of such 
                        shareholder which is a tax resident of such 
                        country.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) CFC taxable unit.--The term `CFC taxable 
                unit' means any taxable unit described clause (ii), 
                (iii), or (iv) of section 904(e)(2)(B) (determined 
                without regard to the references to the taxpayer in 
                clauses (iii) and (iv) of such section).
                    ``(B) Application of other definitions.--Terms used 
                in this subsection which are also used in section 
                904(e) shall have the same meaning as when used in such 
                section.
            ``(3) Special rules.--For purposes of this subsection--
                    ``(A) Application of certain rules.--Except as 
                otherwise provided by the Secretary, rules similar to 
                the rules of section 904(e) shall apply.
                    ``(B) Allocation of global intangible low-taxed 
                income to controlled foreign corporations.--Except as 
                otherwise provided by the Secretary, subsection (f)(2) 
                shall be applied separately with respect to each CFC 
                taxable unit.''.
    (b) Regulatory Authority.--
            (1) In general.--Section 951A, as amended by subsection 
        (a), is amended by adding at the end the following new 
        subsection:
    ``(h) Regulations.--The Secretary shall issue such regulations or 
other guidance as may be necessary or appropriate to carry out, or 
prevent the avoidance of, the purposes of this section, including 
regulations or guidance which provide for--
            ``(1) the treatment of property if such property is 
        transferred, or held, temporarily,
            ``(2) the treatment of property if the avoidance of the 
        purposes of this section is a factor in the transfer or holding 
        of such property, and
            ``(3) appropriate adjustments to the basis of stock and 
        other ownership interests, and to earnings and profits, to 
        reflect tested losses.''.
            (2) Conforming amendment.--Section 951A(d) is amended by 
        striking paragraph (4).
            (3) Additional regulatory authority.--Section 951A(h), as 
        added by paragraph (1), is amended by striking ``and'' at the 
        end of paragraph (2), by striking the period at the end of 
        paragraph (3) and inserting a comma, and by adding at the end 
        the following new paragraphs:
            ``(4) rules similar to the rules provided under the 
        regulations or guidance issued under section 904(e)(5),
            ``(5) appropriate basis adjustments, and
            ``(6) appropriate adjustment to made, and appropriate tax 
        attributes and records to be maintained, separately with 
        respect to CFC taxable units.''.
    (c) Carryover of Net CFC Tested Loss.--
            (1) In general.--Section 951A(c) is amended by adding at 
        the end the following new paragraph:
            ``(3) Carryover of net cfc tested loss.--
                    ``(A) In general.--If the amount described in 
                paragraph (1)(B) with respect to any United States 
                shareholder for any taxable year of such United States 
                shareholder (determined after the application of this 
                paragraph) exceeds the amount described in paragraph 
                (1)(A) with respect to such shareholder of such taxable 
                year, the amount otherwise described in paragraph 
                (1)(B) with respect to such shareholder for the 
                succeeding taxable year shall be increased by the 
                amount of such excess.
                    ``(B) Proper adjustment in allocations of global 
                intangible low-taxed income to controlled foreign 
                corporations.--Proper adjustments shall be made in the 
                application of subsection (f)(2)(B) to take into 
                account any decrease in global intangible low-taxed 
                income by reason of the application of subparagraph 
                (A).''.
            (2) Coordination with country-by-country application.--
        Section 951A(g)(1)(B)(ii), as added by subsection (a), is 
        amended by inserting ``any increase determined under subsection 
        (c)(3)(A),'' after ``interest expense described in subsection 
        (b)(2)(B),''.
            (3) Application of rules with respect to ownership 
        changes.--Section 382(d) is amended by adding at the end the 
        following new paragraph:
            ``(4) Application to carryover of net cfc tested loss.--The 
        term `pre-change loss' shall include any excess carried over 
        under section 951A(c)(3) under rules similar to the rules of 
        paragraph (1).''.
    (d) Reduction in Net Deemed Tangible Income Return for Purposes of 
Determining Global Intangible Low-taxed Income.--
            (1) In general.--Section 951A(b)(2)(A) is amended by 
        striking ``10 percent'' and inserting ``5 percent''.
            (2) Application to assets located in possessions of the 
        united states.--Section 951A(b) is amended by adding at the end 
        the following new paragraph:
            ``(3) Application to assets located in possessions of the 
        united states.--In the case of any specified tangible property 
        located in a possession of the United States, paragraph (2)(A) 
        and subsection (d) shall be applied by substituting `10 
        percent' for `5 percent' in paragraph (2)(A).''.
    (e) Inclusion of Foreign Oil and Gas Extraction Income in 
Determining Tested Income and Loss.--Section 951A(c)(2)(A) is amended 
by inserting ``and'' at the end of subclause (III), by striking ``and'' 
at the end of subclause (IV) and inserting ``over'', and by striking 
subclause (V).
    (f) Coordination With Other Provisions.--Section 951A(f)(1) is 
amended by adding at the end the following new subparagraph:
                    ``(C) Treatment of certain references.--Except as 
                otherwise provided by the Secretary, references to 
                section 951 or section 951(a) in sections 959, 961, 962 
                and such other sections as the Secretary may identify 
                shall include references to section 951A or section 
                951A(a), respectively.''.
    (g) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years of foreign corporations beginning after December 
        31, 2021, and to taxable years of United States shareholders in 
        which or with which such taxable years of foreign corporations 
        end.
            (2) Certain related modifications.--The amendments made by 
        subsections (b)(1), (b)(2), and (f) shall apply to taxable 
        years of foreign corporations beginning after December 31, 
        2017, and to taxable years of United States shareholders in 
        which or with which such taxable years of foreign corporations 
        end.

SEC. 138127. MODIFICATIONS TO DETERMINATION OF DEEMED PAID CREDIT FOR 
              TAXES PROPERLY ATTRIBUTABLE TO TESTED INCOME.

    (a) Increase in Deemed Paid Credit.--Section 960(d)(1) is amended 
by striking ``80 percent'' and inserting ``95 percent (100 percent in 
the case of tested foreign income taxes paid or accrued to a possession 
of the United States)''.
    (b) Inclusion of Taxes Properly Attributable to Tested Loss.--
Section 960(d)(3) is amended to read as follows:
            ``(3) Tested foreign income taxes.--For purposes of 
        paragraph (1), the term `tested foreign income taxes' means, 
        with respect to any domestic corporation which is a United 
        States shareholder of a controlled foreign corporation, such 
        shareholder's pro rata share (as determined under section 
        951A(e)(1)) of--
                    ``(A) the foreign income taxes (within the meaning 
                of section 904(d)(2)(F)) which are properly 
                attributable to amounts taken into account in 
                determining tested income or tested loss under section 
                951A(b)(2), and
                    ``(B) solely to the extent provided in regulations 
                prescribed by the Secretary, the foreign income taxes 
                (as so defined) paid or accrued by a foreign 
                corporation (other than such controlled foreign 
                corporation) which owns, directly or indirectly, 80 
                percent or more (by vote or value) of the stock in such 
                domestic corporation but only if--
                            ``(i) such foreign income taxes are 
                        properly attributable to amounts of such 
                        controlled foreign corporation taken into 
                        account in determining tested income or tested 
                        loss under section 951A(b)(2), and
                            ``(ii) no credit is allowed, in whole or in 
                        part, for such foreign taxes in any foreign 
                        jurisdiction.''.
    (c) Application of Foreign Tax Credit Limitation to Amounts 
Included Under Section 78.--
            (1) Section 904(d)(2) is amended by redesignating 
        subparagraph (K) as subparagraph (L) and by inserting after 
        subparagraph (J) the following new subparagraph:
                    ``(K) Amounts includible under section 78.--Any 
                amount includible in gross income under section 78 
                shall be treated as income in the same separate 
                category as the related foreign taxes deemed paid.''.
            (2) Section 904(d)(3)(G) is amended by striking the second 
        sentence and inserting the following: ``Any amount included in 
        gross income under section 78 shall not be treated as a 
        dividend.''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years of 
        foreign corporations beginning after December 31, 2021, and to 
        taxable years of United States shareholders in which or with 
        which such taxable years of foreign corporations end.
            (2) Application of foreign tax credit limitation to amounts 
        included under section 78.--The amendments made by subsection 
        (c) shall apply to taxable years beginning after December 31, 
        2017.

SEC. 138128. DEDUCTION FOR FOREIGN SOURCE PORTION OF DIVIDENDS LIMITED 
              TO CONTROLLED FOREIGN CORPORATIONS, ETC.

    (a) In General.--Section 245A is amended--
            (1) in subsections (a), (c)(1), and (c)(2), by striking 
        ``specified 10-percent owned foreign corporation'' each place 
        it appears and inserting ``controlled foreign corporation'', 
        and
            (2) by striking subsection (b).
    (b) Modifications Related to Determination of Status as a 
Controlled Foreign Corporation.--
            (1) Subpart F of part III of subchapter N of chapter 1 is 
        amended by inserting after section 951A the following new 
        section:

``SEC. 951B. AMOUNTS INCLUDED IN GROSS INCOME OF FOREIGN CONTROLLED 
              UNITED STATES SHAREHOLDERS.

    ``(a) In General.--In the case of any foreign controlled United 
States shareholder of a foreign controlled foreign corporation--
            ``(1) this subpart (other than sections 951A, 951(b), 957, 
        and 965) shall be applied with respect to such shareholder 
        (separately from, and in addition to, the application of this 
        subpart without regard to this section)--
                    ``(A) by substituting `foreign controlled United 
                States shareholder' for `United States shareholder' 
                each place it appears therein, and
                    ``(B) by substituting `foreign controlled foreign 
                corporation' for `controlled foreign corporation' each 
                place it appears therein, and
            ``(2) sections 951A and 965 shall be applied with respect 
        to such shareholder --
                    ``(A) by treating each reference to `United States 
                shareholder' in such sections as including a reference 
                to such shareholder, and
                    ``(B) by treating each reference to `controlled 
                foreign corporation' in such sections as including a 
                reference to such foreign controlled foreign 
                corporation.
    ``(b) Foreign Controlled United States Shareholder.--For purposes 
of this section, the term `foreign controlled United States 
shareholder' means, with respect to any foreign corporation, any United 
States person which would be a United States shareholder with respect 
to such foreign corporation if--
            ``(1) section 951(b) were applied by substituting `more 
        than 50 percent' for `10 percent or more', and
            ``(2) section 958(b) were applied without regard to 
        paragraph (4) thereof.
    ``(c) Foreign Controlled Foreign Corporation.--For purposes of this 
section, the term `foreign controlled foreign corporation' means a 
foreign corporation, other than a controlled foreign corporation, which 
would be a controlled foreign corporation if section 957(a) were 
applied--
            ``(1) by substituting `foreign controlled United States 
        shareholders' for `United States shareholders', and
            ``(2) by substituting `section 958(b) (other than paragraph 
        (4) thereof)' for `section 958(b)'.
    ``(d) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary or appropriate to carry out the 
purposes of this section, including regulations or other guidance--
            ``(1) to treat a foreign controlled United States 
        shareholder or a foreign controlled foreign corporation as a 
        United States shareholder or as a controlled foreign 
        corporation, respectively, for purposes of provisions of this 
        title other than this subpart, and
            ``(2) to prevent the avoidance of the purposes of this 
        section.''.
            (2) Section 957(a) is amended to read as follows:
    ``(a) Controlled Foreign Corporation.--For purposes of this title--
            ``(1) In general.--The term `controlled foreign 
        corporation' means any foreign corporation if more than 50 
        percent of--
                    ``(A) the total combined voting power of all 
                classes of stock of such corporation entitled to vote, 
                or
                    ``(B) the total value of the stock of such 
                corporation,
        is owned (within the meaning of section 958(a)), or is 
        considered as owned by applying the rules of ownership of 
        section 958(b), by United States shareholders on any day during 
        the taxable year of such foreign corporation.
            ``(2) Election to treat a foreign corporation as a 
        controlled foreign corporation for certain purposes.--
                    ``(A) In general.--In the case of a foreign 
                corporation with respect to which an election is in 
                effect under this paragraph, such foreign corporation 
                shall be treated as controlled foreign corporation with 
                respect to all United States shareholders of such 
                foreign corporation.
                    ``(B) Exceptions.--Notwithstanding subparagraph 
                (A), such foreign corporation shall not be treated as a 
                controlled foreign corporation for purposes of section 
                951B(c) or for any other purpose if the Secretary 
                determines that treatment of such foreign corporation 
                as a controlled foreign corporation for such purpose 
                would be inconsistent with the purposes of this 
                subchapter.
                    ``(C) Election.--
                            ``(i) By whom.--An election under 
                        subparagraph (A) shall be effective only if 
                        made by the foreign corporation and by all 
                        United States shareholders of such foreign 
                        corporation (determined as of the time of such 
                        election by such foreign corporation).
                            ``(ii) With respect to whom.--Any election 
                        under this paragraph, once effective, shall 
                        apply to such foreign corporation and to all 
                        United States shareholders of such foreign 
                        corporation (including any person who becomes a 
                        United States shareholder of such foreign 
                        corporation after such election takes effect).
                            ``(iii) Time, manner, etc.--The election 
                        under this paragraph shall be made at such time 
                        and in such manner as the Secretary may provide 
                        and, once effective, may be revoked only with 
                        the consent of the Secretary.
                    ``(D) Regulations.--The Secretary shall issue such 
                regulations or other guidance as may be necessary or 
                appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance for 
                the application of this paragraph to an acquisition of 
                assets described in section 381(a) from any corporation 
                with respect to which an election under this paragraph 
                applies.''.
            (3) Section 958(b) is amended--
                    (A) by inserting after paragraph (3) the following:
            ``(4) Subparagraphs (A), (B), and (C) of section 318(a)(3) 
        shall not be applied so as to consider a United States person 
        as owning stock which is owned by a person who is not a United 
        States person.'', and
                    (B) by striking ``Paragraph (1)'' in the last 
                sentence and inserting ``Paragraphs (1) and (4)''.
            (4) The table of sections for subpart F of part III of 
        subchapter N of chapter 1 is amended by inserting after the 
        item relating to section 951A the following new item:

``Sec. 951B. Amounts included in gross income of foreign controlled 
                            United States shareholders.''.
    (c) Certain Other Modifications.--
            (1) Section 245A(b)(1) is amended by striking ``with 
        respect to such corporation''.
            (2) Section 245A(e)(4) is amended by striking ``an amount 
        received'' and all that follows through ``for which the 
        controlled foreign corporation received a deduction'' and 
        inserting ``any dividend received from a controlled foreign 
        corporation for which such controlled foreign corporation 
        received a deduction''.
            (3) Section 245A(e)(1) is amended--
                    (A) by striking ``any dividend'' and inserting 
                ``any hybrid dividend'', and
                    (B) by striking ``if the dividend is a hybrid 
                dividend''.
            (4) Section 245A(g) is amended to read as follows:
    ``(g) Regulations.--The Secretary shall prescribe such regulations 
or other guidance as may be necessary or appropriate to carry out the 
provisions of this section, including regulations or other guidance 
for--
            ``(1) the treatment of United States shareholders owning 
        stock of a controlled foreign corporation through a 
        partnership, and
            ``(2) the denial of all or a portion of the deduction under 
        this section with respect to dividends received from foreign 
        corporations in situations in which--
                    ``(A) any portion of the dividend is out of 
                earnings and profits arising from dispositions to 
                related parties which--
                            ``(i) are not made in the ordinary course 
                        of a trade or business, and
                            ``(ii) are made on or after January 1, 
                        2018, and during a taxable year to which 
                        section 951A did not apply, or
                    ``(B) a transfer or issuance of stock on or after 
                January 1, 2018, results in a reduction in the United 
                States shareholder's pro rata share of a controlled 
                foreign corporation's subpart F income or tested income 
                (as defined in section 951A).''.
            (5) Section 246(b)(1) is amended to read as follows:
            ``(1) General rule.--Except as provided in paragraph (2), 
        the aggregate amount of the deductions allowed by section 
        243(a)(1) and subsection (a) and (b) of section 245 shall not 
        exceed the percentage determined under paragraph (3) of the 
        taxable income computed without regard to the deductions 
        allowed by section 172, section 243(a)(1), subsections (a) and 
        (b) of section 245, and section 250, without regard to any 
        adjustment under section 1059, and without regard to any 
        capital loss carryback to the taxable year under section 
        1212(a)(1).''.
            (6) Section 246(c)(1) is amended by striking ``section 
        243'' and all that follows through ``245A'' and inserting 
        ``section 243, 245, or 245A''.
            (7) For purposes of section 78 of the Internal Revenue Code 
        of 1986, as in effect on the day before the enactment of Public 
        Law 115-97, with respect to taxable years of foreign 
        corporations beginning before January 1, 2018, and ending after 
        December 31, 2017, any reference to section 245 of such Code 
        shall be treated as including a reference to section 245A of 
        such Code (as added by such Public Law).
    (d) Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to distributions made after the date of the enactment of 
        this Act.
            (2) Modifications related to determination of status as a 
        controlled foreign corporation.--The amendments made by 
        subsection (b) shall apply to--
                    (A) the last taxable year of foreign corporations 
                beginning before January 1, 2018, and each subsequent 
                taxable year of such foreign corporations, and
                    (B) taxable years of United States persons in which 
                or with which such taxable years of foreign 
                corporations end.
            (3) Certain other modifications.--The amendments made by 
        subsection (c) shall apply to distributions made after December 
        31, 2017.

SEC. 138129. LIMITATION ON FOREIGN BASE COMPANY SALES AND SERVICES 
              INCOME.

    (a) Foreign Base Company Sales Income.--Section 954(d)(2) is 
amended to read as follows:
            ``(2) Limitation.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `related person' shall not include any person 
                unless such person is a taxable unit (within the 
                meaning of section 904(e)) which is a tax resident of 
                the United States.
                    ``(B) Regulations.--The Secretary shall issue such 
                regulations or other guidance as may be necessary or 
                appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance 
                providing for the proper application of subparagraph 
                (A) in the case of a series of transactions in which a 
                person described in subparagraph (A) is a party.''.
    (b) Foreign Base Company Services Income.--Section 954(e)(1)(A) is 
amended by striking ``subsection (d)(3)'' and inserting ``subsection 
(d)''.
    (c) Certain Other Modifications.--
            (1)(A) Section 951(a)(1) is amended--
                    (i) by striking ``the last day'' in the matter 
                preceding subparagraph (A) and inserting ``any day'',
                    (ii) by striking ``his'' each place it appears and 
                inserting ``such shareholder's'', and
                    (iii) by inserting ``if such shareholder owns 
                (within the meaning of section 958(a)) stock of such 
                foreign corporation as of the close of the last 
                relevant day of such foreign corporation's taxable 
                year,'' before ``the amount'' in subparagraph (B).
            (B) Section 951(a) is amended by striking paragraph (2) and 
        inserting the following new paragraphs:
            ``(2) Pro rata share of subpart f income.--In the case of 
        any United States shareholder with respect to a foreign 
        corporation, the pro rata share referred to in paragraph (1)(A) 
        is the sum of--
                    ``(A) if such shareholder owns (within the meaning 
                of section 958(a)) stock of such foreign corporation as 
                of the close of the last relevant day of such foreign 
                corporation's taxable year, such shareholder's general 
                pro rata share determined under paragraph (3), plus
                    ``(B) if such shareholder owns (within the meaning 
                of section 958(a)) stock of such foreign corporation 
                during such taxable year but does not own (within the 
                meaning of section 958(a)) such stock as of the close 
                of such last relevant day, such shareholder's nontaxed 
                current dividend share determined under paragraph (4).
            ``(3) General pro rata share.--
                    ``(A) In general.--In the case of any United States 
                shareholder with respect to a foreign corporation, the 
                general pro rata share determined under this paragraph 
                is the excess (if any) of--
                            ``(i) the pro rata current earnings 
                        percentage of the amount which bears the same 
                        ratio to such corporation's subpart F income 
                        for the taxable year (reduced by the aggregate 
                        nontaxed current dividend shares determined 
                        under paragraph (4) with respect to such 
                        shareholder or any other United States 
                        shareholder) as the part of such year during 
                        which such corporation is a controlled foreign 
                        corporation bears to the entire year, over
                            ``(ii) the lesser of--
                                    ``(I) the amount of any pre-holding 
                                period dividends with respect to stock 
                                of such foreign corporation which such 
                                shareholder owns (within the meaning of 
                                section 958(a)) as of the close of the 
                                last relevant day of such foreign 
                                corporation's taxable year, or
                                    ``(II) the amount which bears the 
                                same ratio to the subpart F income of 
                                such corporation for the taxable year 
                                (reduced by the aggregate nontaxed 
                                current dividend shares determined 
                                under paragraph (4) with respect to 
                                such shareholder or any other United 
                                States shareholder) as the part of such 
                                year during which such shareholder did 
                                not own (within the meaning of section 
                                958(a)) such stock bears to the entire 
                                year.
                    ``(B) Pro rata current earnings percentage.--For 
                purposes of subparagraph (A)(i), the term `pro rata 
                current earnings percentage' means, in the case of any 
                United States shareholder with respect to a foreign 
                corporation for any taxable year of such foreign 
                corporation, the ratio (expressed as a percentage) of--
                            ``(i) the amount which would have been 
                        distributed with respect to the stock which 
                        such shareholder owns (within the meaning of 
                        section 958(a)) in such corporation if on the 
                        last relevant day of such taxable year it had 
                        distributed its earnings and profits for such 
                        taxable year (computed as of the close of such 
                        taxable year without diminution by reason of 
                        any distributions made during such taxable 
                        year), divided by
                            ``(ii) such corporation's earnings and 
                        profits for such taxable year (as so computed).
                    ``(C) Pre-holding period dividends.--For purposes 
                of subparagraph (A)(ii)(I), the term `pre-holding 
                period dividends' means, in the case of any United 
                States shareholder with respect to a foreign 
                corporation for any taxable year of such foreign 
                corporation, dividends which are--
                            ``(i) made out of such corporation's 
                        earnings and profits for the taxable year 
                        (other than nontaxed current dividends as 
                        defined in paragraph (4)(C)), and
                            ``(ii) received--
                                    ``(I) by any other United States 
                                person with respect to stock of such 
                                foreign corporation which such 
                                shareholder owns (within the meaning of 
                                section 958(a)) as of the close of the 
                                last relevant day of such foreign 
                                corporation's taxable year, and
                                    ``(II) while such foreign 
                                corporation was a controlled foreign 
                                corporation and before such shareholder 
                                owned (within the meaning of section 
                                958(a)) such stock.
            ``(4) Nontaxed current dividend share.--
                    ``(A) In general.--In the case of any United States 
                shareholder with respect to a foreign corporation, the 
                nontaxed current dividend share determined under this 
                paragraph is the nontaxed current dividend percentage 
                of the subpart F income of such foreign corporation for 
                the taxable year.
                    ``(B) Nontaxed current dividend percentage.--For 
                purposes of this paragraph, the term `nontaxed current 
                dividend percentage' means, in the case of any United 
                States shareholder with respect to a foreign 
                corporation for any taxable year of such foreign 
                corporation, the ratio (expressed as a percentage) of--
                            ``(i) the amount of nontaxed current 
                        dividends with respect to such taxable year 
                        received with respect to the stock of such 
                        foreign corporation which such shareholder owns 
                        (within the meaning of section 958(a)) at the 
                        time of the dividend on a day in which such 
                        corporation is a controlled foreign 
                        corporation, divided by
                            ``(ii) such foreign corporation's earnings 
                        and profits for such taxable year (computed as 
                        of the close of such taxable year without 
                        diminution by reason of any distributions made 
                        during such taxable year).
                    ``(C) Nontaxed current dividends.--For purposes of 
                this paragraph, the term `nontaxed current dividends' 
                means the portion of any amount received with respect 
                to stock to the extent such amount (without regard to 
                amounts included in the gross income of a United States 
                shareholder for the taxable year by reason of this 
                subpart)--
                            ``(i) would result in a dividend out of the 
                        corporation's earnings and profits for the 
                        taxable year (including a dividend under 
                        section 1248 attributable to earnings and 
                        profits for the taxable year), and
                            ``(ii) either--
                                    ``(I) would give rise to a 
                                deduction under section 245A(a), or
                                    ``(II) in the case of a dividend 
                                paid directly or indirectly to a 
                                controlled foreign corporation with 
                                respect to stock owned by the 
                                shareholder within the meaning of 
                                section 958(a)(2), would not result in 
                                subpart F income with respect to such 
                                controlled foreign corporation by 
                                reason of subsection (b)(4), (c)(3), or 
                                (c)(6) of section 954.
                        Any amount treated as the foreign-source 
                        portion of a dividend under section 245A(g) 
                        shall be treated as nontaxed current dividends 
                        for purposes of this paragraph.
            ``(5) Last relevant day of taxable year of a controlled 
        foreign corporation.--For purposes of this subsection, the term 
        `last relevant day' means, with respect to any taxable year of 
        a foreign corporation, the last day of such taxable year on 
        which such corporation is a controlled foreign corporation.
            ``(6) Regulations.--The Secretary may prescribe such 
        regulations or other guidance as may be necessary or 
        appropriate to carry out the purposes of this subsection, 
        including regulations or other guidance--
                    ``(A) to treat a partnership as an aggregate of its 
                partners,
                    ``(B) to provide rules allowing a foreign 
                corporation to close its taxable year upon a change in 
                ownership, and
                    ``(C) to treat a distribution followed by an 
                issuance of stock to a shareholder not subject to tax 
                under this chapter in the same manner as an acquisition 
                of stock.''.
            (C) Section 951A(e)(1) is amended by striking ``determined 
        under the rules of section 951(a)(2) in the same manner as such 
        section applies to subpart F income'' and inserting 
        ``determined under rules similar to the rules of section 
        951(a)(2)''.
            (D) Section 951A(e)(2) is amended to read as follows:
            ``(2) Treatment as united states shareholder.--A person 
        shall be treated as a United States shareholder of a controlled 
        foreign corporation for any taxable year of such person if such 
        person--
                    ``(A) is a United States shareholder of such 
                foreign corporation on any day in such taxable year, 
                and
                    ``(B) owns (within the meaning of section 958(a)) 
                stock in such foreign corporation on any day in such 
                taxable year which is part of a taxable year of such 
                foreign corporation with respect to which such foreign 
                corporation is a controlled foreign corporation.''.
            (E) Section 953(c)(5)(A)(i) is amended--
                    (i) in subclause (I), by adding ``and'' at the end,
                    (ii) in subclause (II)--
                            (I) by striking ``on the last day of the 
                        taxable year'' and inserting ``during the 
                        taxable year'', and
                            (II) by striking ``and'' at the end and 
                        inserting ``or'', and
                    (iii) by striking subclause (III).
            (2) Section 78 is amended by striking ``, (b),''.
    (d) Certain Related Prospective Modifications.--Section 961(c) is 
amended--
            (1) by striking ``Basis Adjustments in'' in the heading of 
        such subsection and inserting ``Application of Rules to'', and
            (2) by striking ``then adjustments similar to'' and all 
        that follows in such subsection and inserting ``then rules 
        similar to the rules of subsections (a) and (b) shall apply 
        to--
            ``(1) such stock,
            ``(2) stock in any other controlled foreign corporation by 
        reason of which the United States shareholder is considered 
        under section 958(a)(2) as owning the stock described in 
        paragraph (1), and
            ``(3) property by reason of which the United States 
        shareholder is considered as owning stock described in 
        paragraph (1) or (2).
The preceding sentence shall not apply with respect to any stock or 
property to which subsection (a) or (b) applies.''.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years of foreign corporations beginning after December 
        31, 2021, and to taxable years of United States shareholders in 
        which or with which such taxable years of foreign corporations 
        end.
            (2) Certain other modifications.--
                    (A) The amendments made by subsection (c)(1) shall 
                apply to distributions made after December 31, 2017.
                    (B) The amendment made by subsection (c)(2) apply 
                to taxable years of foreign corporations beginning 
                after December 31, 2017, and to taxable years of United 
                States shareholders in which or with which such taxable 
                years of foreign corporations end.

              Subpart D--Inbound International Provisions

SEC. 138131. MODIFICATIONS TO BASE EROSION AND ANTI-ABUSE TAX.

    (a) Modifications to Base Erosion Minimum Tax Amount.--
            (1) Modification of rates.--Section 59A(b)(1)(A) is amended 
        by striking ``10 percent (5 percent in the case of taxable 
        years beginning in calendar year 2018)'' and inserting ``the 
        applicable percentage''.
            (2) Base erosion minimum tax amount determined without 
        regard to credits.--Section 59A(b)(1)(B) is amended to read as 
        follows:
                    ``(B) an amount equal to the regular tax liability 
                (as defined in section 26(b)) of the taxpayer for the 
                taxable year.''.
            (3) Applicable percentage.--Section 59A(b)(2) is amended to 
        read as follows:
            ``(2) Applicable percentage.--For purposes of this 
        subsection, the term applicable percentage means--
                    ``(A) in the case of any taxable year beginning 
                after December 31, 2021, and before January 1, 2024, 10 
                percent,
                    ``(B) in the case of any taxable year beginning 
                after December 31, 2023, and before January 1, 2026, 
                12.5 percent, and
                    ``(C) in the case of any taxable year beginning 
                after December 31, 2025, 15 percent.''.
            (4) Taxpayers subject to rules for banks and securities 
        dealers.--Section 59A(b)(3)(B) is amended to read as follows:
                    ``(B) Taxpayer described.--A taxpayer is described 
                in this subparagraph if such taxpayer is--
                            ``(i) a bank (as defined in section 
                        585(a)(2)),
                            ``(ii) a securities dealer registered under 
                        section 15(a) of the Securities Exchange Act of 
                        1934, or
                            ``(iii) a member of an affiliated group (as 
                        defined in section 1504(a)(1), determined 
                        without regard to section 1504(b)(3)) which 
                        includes any person described in clause (i) or 
                        (ii).''.
            (5) General business credit allowed against base erosion 
        and anti-abuse tax.--Section 38(c)(1) is amended by striking 
        ``the tax imposed by section 55'' and inserting ``the taxes 
        imposed by sections 55 and 59A''.
            (6) Conforming amendments.--
                    (A) Section 59A(b)(3)(A) is amended by striking 
                ``paragraphs (1)(A) and (2)(A) shall each'' and 
                inserting ``paragraph (2) shall''.
                    (B) Section 59A(b) is amended by striking paragraph 
                (4).
    (b) Modification of Rules for Determining Modified Taxable 
Income.--
            (1) In general.--Section 59A(c) is amended to read as 
        follows:
    ``(c) Modified Taxable Income.--For purposes of this section--
            ``(1) In general.--The term `modified taxable income' means 
        the taxable income of the taxpayer computed under this chapter 
        for the taxable year with the following adjustments:
                    ``(A) Base erosion tax benefits.--Any base erosion 
                tax benefit shall be determined without regard to any 
                base erosion payment described in paragraphs (1) 
                through (4) of subsection (d), including for purposes 
                of determining the adjusted basis of property described 
                in subsection (d)(2).
                    ``(B) Base erosion basis adjustments with respect 
                to cost of goods sold.--Cost of goods sold shall be 
                determined without regard to any base erosion payment 
                described in subparagraph (A) or (B) of subsection 
                (d)(5).
                    ``(C) Net operating losses.--The net operating loss 
                deduction for the taxable year under section 172 shall 
                be applied--
                            ``(i) by substituting `modified taxable 
                        income' for `taxable income' in subsection 
                        (a)(2)(B)(ii)(I) thereof,
                            ``(ii) by determining any net operating 
                        loss arising in any taxable year beginning 
                        after December 31, 2021, without regard to any 
                        deduction which is a base erosion tax benefit 
                        (determined with respect to each such taxable 
                        year), and
                            ``(iii) by making appropriate adjustments 
                        in the application of subsection (b)(2) thereof 
                        to take into account clause (i) of this 
                        subparagraph as though such clause applied with 
                        respect to taxable years beginning after 
                        December 31, 2021 (but by applying section 
                        172(e) for purposes of determining the amount 
                        of modified taxable income).
                    ``(D) Application of certain other adjustments.--
                Except as otherwise provided by the Secretary, rules 
                similar to the rules of subsections (g) and (h) of 
                section 59 shall apply.
            ``(2) Base erosion tax benefit.--The term `base erosion tax 
        benefit' means--
                    ``(A) any deduction allowed under this chapter for 
                the taxable year with respect to any base erosion 
                payment described in subsection (d)(1),
                    ``(B) in the case of a base erosion payment 
                described in subsection (d)(2), any deduction allowed 
                under this chapter for the taxable year for 
                depreciation (or amortization in lieu of depreciation) 
                with respect to the property acquired with such 
                payment,
                    ``(C) in the case of a base erosion payment 
                described in subsection (d)(3)--
                            ``(i) any reduction under section 
                        803(a)(1)(B) in the gross amount of premiums 
                        and other consideration on insurance and 
                        annuity contracts for premiums and other 
                        consideration arising out of indemnity 
                        insurance, and
                            ``(ii) any deduction under section 
                        832(b)(4)(A) from the amount of gross premiums 
                        written on insurance contracts during the 
                        taxable year for premiums paid for reinsurance, 
                        and
                    ``(D) in the case of a base erosion payment 
                described in subsection (d)(4), any reduction in gross 
                receipts with respect to such payment in computing 
                gross income of the taxpayer for the taxable year for 
                purposes of this chapter.''.
            (2) Certain payments with respect to inventory treated as 
        base erosion payments.--Section 59A(d) is amended by 
        redesignating paragraph (5) as paragraph (6) and by inserting 
        after paragraph (4) the following new paragraph:
            ``(5) Certain payments with respect to inventory.--
                    ``(A) Indirect costs included in inventory under 
                section 263A.--Such term shall also include any amount 
                paid or accrued by the taxpayer to a foreign person 
                which is a related party of the taxpayer if such amount 
                is described in paragraph (2)(B) of section 263A(a) and 
                required to be included in inventory costs of the 
                taxpayer under paragraph (1)(A) of such section.
                    ``(B) Certain indirect costs of foreign related 
                parties.--Such term shall also include so much of any 
                amount paid or accrued by the taxpayer to a foreign 
                person which is a related party of the taxpayer in 
                connection with the acquisition by the taxpayer from 
                such foreign person of property which is inventory in 
                the hands of the taxpayer as exceeds the sum of--
                            ``(i) the direct costs of such property in 
                        the hands of such foreign person, plus
                            ``(ii) so much of the costs described in 
                        section 263A(a)(2)(B) with respect to such 
                        property in the hands of such foreign person as 
                        the taxpayer demonstrates to the satisfaction 
                        of the Secretary are attributable to amounts--
                                    ``(I) paid or accrued by such 
                                foreign person to a United States 
                                person or a person which is not a 
                                related party of the taxpayer, or
                                    ``(II) otherwise subject to the tax 
                                imposed by this subtitle.
                    ``(C) Application to tiered related-party 
                transactions.--In the case of direct costs otherwise 
                described in clause (i) of subparagraph (B) which are 
                paid or incurred by the foreign person referred to in 
                such clause to another foreign person which is a 
                related party of the taxpayer, such costs shall be 
                taken into account under such clause only to the extent 
                that the taxpayer demonstrates to the satisfaction of 
                the Secretary that such costs are attributable to 
                amounts paid or accrued (directly or indirectly) to a 
                United States person or a person which is not a related 
                party of the taxpayer.
                    ``(D) Safe harbor with respect indirect costs of 
                foreign related parties.--In the case of a taxpayer 
                which elects the application of this subparagraph (at 
                such time, in such manner, and with respect to such 
                inventory property, as the Secretary may provide), the 
                amount described in subparagraph (B)(ii) with respect 
                to such property shall be treated for purposes of this 
                section as being equal to 20 percent of the amount paid 
                or incurred by the taxpayer to the related party of the 
                taxpayer in connection with the acquisition of such 
                property.''.
            (3) Expansion and consolidation of rules to exempt certain 
        payments from treatment as base erosion payments.--
                    (A) In general.--Section 59A is amended by 
                redesignating subsection (i) as subsection (j) and by 
                inserting after subsection (h) the following new 
                subsection:
    ``(i) Certain Payment Not Treated as Base Erosion Payments.--
            ``(1) Exception for payments on which tax is imposed.--An 
        amount shall not be treated as a base erosion payment if tax is 
        imposed by this subtitle with respect to such amount. The 
        amount not treated as a base erosion payment by reason of the 
        preceding sentence shall be determined under rules similar to 
        the rules of section 163(j)(5) (as in effect before the date of 
        the enactment of Public Law 115-97).
            ``(2) Exception for certain payments subject to sufficient 
        foreign tax.--
                    ``(A) In general.--An amount shall not be treated 
                as a base erosion payment if the taxpayer establishes 
                to the satisfaction of the Secretary that such amount 
                was subject to an effective rate of foreign income tax 
                (as defined in section 904(d)(2)(F)) which is not less 
                than the applicable percentage in effect under 
                subsection (b)(2) for the taxable year in which such 
                amount is paid or accrued. Except as otherwise provided 
                by the Secretary under subparagraph (B), the effective 
                rate of foreign income tax with respect to any amount 
                may be established on the basis of applicable financial 
                statements (as defined in section 451(b)(3)).
                    ``(B) Regulations.--The Secretary shall issue such 
                regulations or other guidance as may be necessary or 
                appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance 
                providing procedures for determining the effective rate 
                of foreign income tax to which any amount is subject. 
                Such procedures may require that any transaction or 
                series of transactions among multiple parties be 
                recharacterized as one or more transactions directly 
                among any 2 or more of such parties where the Secretary 
                determines that such recharacterization is appropriate 
                to carry out, or prevent avoidance of, the purposes of 
                this section.
            ``(3) Exception for certain amounts with respect to 
        services.--Subsections (d)(1) and (d)(5)(A) shall not apply to 
        so much of any amount paid or accrued by a taxpayer for 
        services as does not exceed the total services cost of such 
        services. The preceding sentence shall not apply unless such 
        services meet the requirements for eligibility for use of the 
        services cost method under section 482 (determined without 
        regard to the requirement that the services not contribute 
        significantly to fundamental risks of business success or 
        failure).''.
                    (B) Conforming amendment.--Section 59A(d), as 
                amended by paragraph (2), is amended by striking 
                paragraph (6).
    (c) Repeal of Exemption From Base Erosion and Anti-abuse Tax for 
Taxpayers With Low Base Erosion Percentage.--Section 59A(e)(1)(C) is 
amended by inserting ``in the case of any taxable year beginning before 
January 1, 2024,'' before ``the base erosion percentage''.
    (d) Other Modifications.--
            (1) Section 59A(h)(2)(B) is amended by striking ``section 
        6038B(b)(2)'' and inserting ``section 6038A(b)(2)''.
            (2) Section 59A(j)(2), as redesignated by subsection (b), 
        is amended by striking ``subsection (g)(3)'' and inserting 
        ``subsection (h)(3)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

                Subpart E--Other Business Tax Provisions

SEC. 138141. CREDIT FOR CLINICAL TESTING OF ORPHAN DRUGS LIMITED TO 
              FIRST USE OR INDICATION.

    (a) In General.--Section 45C(b)(2)(B) is amended to read as 
follows:
                    ``(B) Testing must be related to first use or 
                indication for rare disease or condition.--Human 
                clinical testing may be taken into account under 
                subparagraph (A) only to the extent such testing is 
                related to the first use or indication with respect to 
                which a drug for a rare disease or condition is 
                designated under section 526 of the Federal Food, Drug, 
                and Cosmetic Act.''.
    (b) Eligible Testing Must Be Conducted Before Approval for Any Use 
or Indication.--Section 45C(b)(2)(A)(ii)(II) is amended to read as 
follows:
                                    ``(II) before the first date on 
                                which an application (with respect to 
                                any use or indication with respect to 
                                any disease or condition) with respect 
                                to such drug is approved under section 
                                505(c) of such Act or, if the drug is a 
                                biological product, before the first 
                                date on which a license (with respect 
                                to any use or indication with respect 
                                to any disease or condition) for such 
                                drug is issued under section 351(a) of 
                                the Public Health Service Act, and''.
    (c) Eligibility of Biological Products.--
            (1) In general.--Section 45C(b)(2)(A)(i) is amended by 
        inserting ``or, if the drug is a biological product, section 
        351(a)(3) of the Public Health Service Act'' before the comma 
        at the end.
            (2) Conforming amendment.--Section 45C(b)(2)(A)(ii)(I) is 
        amended by striking ``such Act'' and inserting ``the Federal 
        Food, Drug, and Cosmetic Act''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138142. MODIFICATIONS TO TREATMENT OF CERTAIN LOSSES.

    (a) Losses From Certain Capital Assets Which Become Worthless.--
            (1) When treated as loss.--Section 165(g)(1) is amended by 
        striking ``on the last day of the taxable year'' and inserting 
        ``at the time of the identifiable event establishing 
        worthlessness''.
            (2) Treatment of partnership indebtedness.--Section 
        165(g)(2)(C) is amended by inserting ``, by a partnership,'' 
        after ``by a corporation''.
            (3) Treatment of partnership interest.--Section 165 is 
        amended by redesignating subsection (m) as subsection (n) and 
        by inserting after subsection (l) the following new subsection:
    ``(m) Worthless Partnership Interest.--If any interest in a 
partnership becomes worthless during the taxable year, the loss 
resulting therefrom shall, for purposes of this subtitle, be treated as 
a loss from the sale or exchange of the interest in the partnership, as 
provided in section 741, at the time of the identifiable event 
establishing worthlessness.''.
    (b) Deferral of Losses in Certain Controlled Group Corporate 
Liquidations.--Section 267 is amended by adding at the end the 
following new subsection:
    ``(h) Deferral of Losses in Certain Controlled Group 
Liquidations.--
            ``(1) In general.--In the case of two corporations 
        described in subsection (b)(3), no loss shall be recognized on 
        the stock or securities of the liquidating corporation in a 
        complete liquidation to which section 331 applies until the 
        other corporation receiving property distributed in such 
        liquidation with respect to such stock or in exchange for such 
        securities has disposed of substantially all property such 
        other corporation received in such liquidation to one or more 
        persons who are not related to such other corporation (within 
        the meaning of subsection (b)(3) or section 707(b)(1)).
            ``(2) Regulations.--The Secretary shall issue such 
        regulations or other guidance as the Secretary determines is 
        necessary or appropriate to carry out the purposes of this 
        subsection, including to apply the principles of this 
        subsection to liquidating corporation stock or securities owned 
        by a corporation indirectly through 1 or more partnerships.''.
    (c) Cross Reference.--Section 331(c) is amended--
            (1) by striking ``Cross Reference'' and all that follows 
        through ``For general rule'' and inserting the following: 
        ``Cross Reference.--
            ``(1) For general rule'', and
            (2) by adding at the end the following new paragraph:
            ``(2) For losses in controlled group liquidations, see 
        section 267(h).''.
    (d) Effective Date.--
            (1) Subsection (a).--The amendments made by this section 
        shall apply to losses arising in taxable years beginning after 
        December 31, 2021.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to liquidations on or after the date of the 
        enactment of this Act.

SEC. 138143. ADJUSTED BASIS LIMITATION FOR DIVISIVE REORGANIZATION.

    (a) In General.--Section 361 is amended by adding at the end the 
following new subsections:
    ``(d) Adjusted Basis Limitation for Divisive Reorganizations.--
            ``(1) In general.--Except as provided paragraph (2), in the 
        case of a reorganization described in section 368(a)(1)(D) with 
        respect to which stock or securities of the controlled 
        corporation (within the meaning of section 355) are distributed 
        by the distributing corporation (within the meaning of such 
        section) in a transaction which qualifies under such section, 
        subsection (b)(3) and subsection (c)(3) shall not apply to so 
        much of the money and other property transferred to creditors 
        as equals an amount equal to the excess (if any) of--
                    ``(A) the sum of--
                            ``(i) the total amount of the liabilities 
                        assumed (within the meaning of section 357(c)) 
                        by the controlled corporation,
                            ``(ii) in the case of subsection (b)(3), 
                        the total amount of money and the fair market 
                        value of other property (including stock 
                        described in section 354(a)(2)(C)) transferred 
                        to the creditors, and
                            ``(iii) in the case of subsection (c)(3), 
                        the total principal amount of securities of the 
                        controlled corporation which is qualified 
                        property (as defined in subsection (c)(2)(B)) 
                        transferred to the creditors, over
                    ``(B) the total adjusted bases of the assets 
                transferred by the distributing corporation to the 
                controlled corporation.
            ``(2) Exception regarding certain stock or rights to 
        acquire stock.--Paragraph (1) shall not apply to any stock (or 
        right to acquire stock) described in subsection (c)(2)(B).
            ``(3) Regulations.--The Secretary shall issue such 
        regulations as may be necessary or appropriate to prevent 
        avoidance of tax through abuse of subsection (b)(3), subsection 
        (c)(3), or this subsection, including to determine whether a 
        disposition of property or any other transaction is in 
        connection with the reorganization or pursuant to the plan of 
        reorganization.
    ``(e) Cross-references.--For provisions providing for the inclusion 
of income or recognition of gain in certain distributions, see 
subsections (d), (e), (f), (g), and (h) of section 355.''.
    (b) Conforming Amendments.--
            (1) Section 361(b)(3) is amended--
                    (A) in the first sentence, by inserting ``, and 
                except as provided in subsection (d)'' after 
                ``paragraph (1)'', and
                    (B) by striking the second and third sentences.
            (2) Section 361(c) is amended--
                    (A) in paragraph (3), by inserting ``, and except 
                as provided in subsection (d)'' after ``this 
                subsection'', and
                    (B) by striking paragraph (5).
    (c) Effective Date.--The amendments made by this section shall 
apply to reorganizations occurring on or after the date of the 
enactment of this Act.

SEC. 138144. RENTS FROM PRISON FACILITIES NOT TREATED AS QUALIFIED 
              INCOME FOR PURPOSES OF REIT INCOME TESTS.

    (a) In General.--Section 856(d)(2) is amended by striking ``and'' 
at the end of subparagraph (B), by striking the period at the end of 
subparagraph (C) and inserting ``, and'', and by adding at the end the 
following new subparagraph:
                    ``(D) any amount received or accrued, directly or 
                indirectly, with respect to any real or personal 
                property which is primarily used in connection with any 
                correctional, detention, or penal facility.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138145. MODIFICATIONS TO EXEMPTION FOR PORTFOLIO INTEREST.

    (a) In General.--Section 871(h)(3)(B)(i) is amended to read as 
follows:
                            ``(i) in the case of an obligation issued 
                        by a corporation--
                                    ``(I) any person who owns 10 
                                percent or more of the total combined 
                                voting power of all classes of stock of 
                                such corporation entitled to vote, or
                                    ``(II) any person who owns 10 
                                percent or more of the total value of 
                                the stock of such corporation, and''.
    (b) Effective Date.--The amendment made by this section shall apply 
to obligations issued after the date of the enactment of this Act.

SEC. 138146. CERTAIN PARTNERSHIP INTEREST DERIVATIVES.

    (a) In General.--Section 871(m) is amended by adding at the end the 
following new paragraphs:
            ``(8) Specified partnership interest income equivalent 
        payments.--
                    ``(A) In general.--For purposes of this subsection, 
                any payment made pursuant to a sale-repurchase 
                transaction, or a specified notional principal 
                contract, that is determined by reference to any income 
                or gain in respect of an interest in a specified 
                partnership (or any other payment the Secretary 
                determines to be substantially similar) shall be 
                treated as a dividend equivalent.
                    ``(B) Specified partnership.--For purposes of this 
                paragraph, the term `specified partnership' means--
                            ``(i) any publicly-traded partnership (as 
                        defined in subsection (b) of section 7704) 
                        which is not treated as a corporation under 
                        such section, or
                            ``(ii) any other partnership as the 
                        Secretary may by regulation prescribe.
                    ``(C) Exceptions.--
                            ``(i) Excepted contracts.--Subparagraph (A) 
                        shall not apply to any contract or transaction 
                        the Secretary determines does not have the 
                        potential for tax avoidance.
                            ``(ii) Certain income.--Under such 
                        regulations as the Secretary shall prescribe, 
                        there shall not be taken into account under 
                        subparagraph (A) any payment the income or gain 
                        from which would (but for this paragraph) be--
                                    ``(I) exempt from taxes under this 
                                subtitle, or
                                    ``(II) treated as income from 
                                sources without the United States if 
                                paid to a nonresident alien individual.
                    ``(D) Treatment of definitions and special rules 
                with respect to partnerships.--For purposes of this 
                paragraph, rules similar to the rules and definitions 
                in paragraphs (3), (4), (5), (6) and (7) shall apply to 
                an interest in a specified partnership in a manner 
                similar to an underlying security, and to income or 
                gain in respect of an interest in a specified 
                partnership in a manner similar to a dividend.
            ``(9) Other rules relating to treatment of dividend 
        equivalents.--
                    ``(A) In general.--A dividend equivalent amount 
                under this subsection shall be treated as a dividend 
                paid by a domestic corporation.
                    ``(B) Rate of tax for publicly traded partnership 
                income payments.--In the case of a payment treated as a 
                dividend equivalent pursuant to paragraph (8), the rate 
                of tax imposed on any nonresident alien individual or 
                foreign corporation with respect to such payment shall 
                not be less than the rate that would be imposed had 
                such individual or foreign corporation, as the case may 
                be, received a dividend from a domestic corporation in 
                which such individual or foreign corporation owned less 
                than 1 percent (by vote or value) of the stock.''.
    (b) Withholding of Tax on Nonresident Aliens.--Section 1441 is 
amended by redesignating subsection (g) as subsection (h) and by 
inserting after subsection (f) the following new subsection:
    ``(g) Deemed Dividend Equivalent Payments in Case of Certain 
Publicly Traded Partnerships.--The Secretary may prescribe regulations, 
under rules similar to the rules of section 1446(f), to determine the 
manner in which the amount of income and gain is determined for 
purposes of this section in the case of amounts treated as a dividend 
equivalent under section 871(m)(8).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments made on or after the date that is 180 days after the 
date of the enactment of this Act.

SEC. 138147. ADJUSTMENTS TO EARNINGS AND PROFITS OF CONTROLLED FOREIGN 
              CORPORATIONS.

    (a) In General.--Section 312(n) is amended by adding at the end the 
following new paragraph:
            ``(9) Special rules for controlled foreign corporations.--
        Earnings and profits of any controlled foreign corporation 
        shall be determined without regard to paragraphs (4), (5), and 
        (6).''.
    (b) Conforming Amendment.--Section 952(c) is amended by striking 
paragraph (3).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2021, and to taxable years of United States shareholders in which 
or with which such taxable years of foreign corporations end.

SEC. 138148. CERTAIN DIVIDENDS FROM CONTROLLED FOREIGN CORPORATIONS TO 
              UNITED STATES SHAREHOLDERS TREATED AS EXTRAORDINARY 
              DIVIDENDS.

    (a) In General.--Section 1059 is amended by redesignating 
subsection (g) as subsection (h) and by inserting after subsection (f) 
the following new subsection:
    ``(g) Treatment of Certain Dividends From Controlled Foreign 
Corporations to United States Shareholders.--
            ``(1) In general.--Except as otherwise provided by the 
        Secretary, any disqualified CFC dividend shall be treated as an 
        extraordinary dividend to which paragraph (1) and (2) of 
        subsection (a) applies without regard to the period the 
        taxpayer held the stock with respect to which such dividend is 
        paid.
            ``(2) Disqualified cfc dividend.-- For purposes of this 
        subsection, the term `disqualified CFC dividend' means any 
        dividend paid by a controlled foreign corporation to a taxpayer 
        which is a United States shareholder of such foreign 
        corporation if--
                    ``(A) such dividend is attributable to earnings and 
                profits which--
                            ``(i) were earned by such controlled 
                        foreign corporation during a disqualified 
                        period, or
                            ``(ii) are attributable to gain on property 
                        which accrued during a disqualified period.
            ``(3) Disqualified period.--For purposes of this 
        subsection, the term `disqualified period' means, with respect 
        to any dividend paid with respect to any stock of a controlled 
        foreign corporation, any period during which--
                    ``(A) such foreign corporation was not a controlled 
                foreign corporation, or
                    ``(B) such stock was not owned by a United States 
                shareholder.''.
    (b) Regulations.--Section 1059(h), as redesignated by subsection 
(a), is amended--
            (1) by striking ``regulations'' both places it appears and 
        inserting ``regulations or other guidance'', and
            (2) by striking ``and'' at the end of paragraph (1), by 
        striking the period at the end of paragraph (2) and inserting 
        ``, and'', and by adding at the end the following new 
        paragraph:
            ``(3) providing for the coordination of subsection (g) with 
        the other provisions of this chapter, including section 
        1248.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions made after the date of the enactment of this 
Act.

SEC. 138149. MODIFICATION OF RULES FOR PARTNERSHIP INTERESTS HELD IN 
              CONNECTION WITH THE PERFORMANCE OF SERVICES.

    (a) In General.--Section 1061 is amended by striking subsections 
(a) and (b) and inserting the following new subsections:
    ``(a) In General.--If one or more applicable partnership interests 
are held by a taxpayer at any time during the taxable year, the 
taxpayer's net applicable partnership gain for such taxable year shall 
be treated as short-term capital gain.
    ``(b) Net Applicable Partnership Gain.--For purposes of this 
section--
            ``(1) In general.--The term `net applicable partnership 
        gain' means--
                    ``(A) the taxpayer's net long-term capital gain 
                determined by only taking into account gains and losses 
                with respect to one or more applicable partnership 
                interests described in subsection (a), and
                    ``(B) any other amounts which are--
                            ``(i) includible in the gross income of the 
                        taxpayer with respect to one or more such 
                        applicable partnership interests, and
                            ``(ii) treated as capital gain or subject 
                        to tax at the rate applicable to capital gain.
            ``(2) Holding period exception.--
                    ``(A) In general.--Net applicable partnership gain 
                shall be determined without regard to any amount which 
                is realized after the date that is 5 years after the 
                latest of:
                            ``(i) The date on which the taxpayer 
                        acquired substantially all of the applicable 
                        partnership interest with respect to which the 
                        amount is realized.
                            ``(ii) The date on which the partnership in 
                        which such applicable partnership interest is 
                        held acquired substantially all of the assets 
                        held by such partnership.
                            ``(iii) If the partnership described in 
                        clause (i) owns, directly or indirectly, 
                        interests in one or more other partnerships, 
                        the dates determined by applying rules similar 
                        to the rules in clauses (i) and (ii) in the 
                        case of each such other partnership.
                    ``(B) Shorter holding period in certain 
                circumstances.--Subparagraph (A) shall be applied by 
                substituting `3 years' for `5 years' in the case of--
                            ``(i) a taxpayer (other than a trust or 
                        estate) with an adjusted gross income 
                        (determined without regard to sections 911, 931 
                        and 933) of less than $400,000, and
                            ``(ii) any income with respect to any 
                        applicable partnership interest that is 
                        attributable to a real property trade or 
                        business within the meaning of section 
                        469(c)(7)(C).
                            ``(iii) The Secretary is directed to 
                        provide guidance regarding determination of the 
                        amount described in subsection (a) as applied 
                        in paragraph (1) hereof, and any necessary and 
                        appropriate reporting by any partnership to 
                        carry out the purposes of this section. --
            ``(3) Section 83 to not apply.--This section shall be 
        applied without regard to section 83 and any election in effect 
        under section 83(b).
            ``(4) Special rule.--To the extent provided by the 
        Secretary, subsection (a) shall not apply to income or gain 
        attributable to any asset not held for portfolio investment on 
        behalf of third party investors.''.
    (b) Modifications Related to Definition of Applicable Partnership 
Interest.--Section 1061(c) is amended--
            (1) in paragraph (1), by striking ``to such other entity'' 
        and inserting ``with respect to a trade or business that is not 
        an applicable trade or business'',
            (2) in paragraph (3), by striking ``an interest in a 
        partnership to the extent of the partnership's proportionate 
        interest in any of the foregoing'' and inserting ``except as 
        otherwise provided by the Secretary, an interest in a 
        partnership if such partnership has a direct or indirect 
        interest in any of the foregoing'', and
            (3) in paragraph (4)--
                    (A) by striking ``The term'' and inserting ``Except 
                as otherwise provided by the Secretary, the term'', and
                    (B) in subparagraph (A), by striking 
                ``corporation'' and inserting ``C corporation''.
    (c) Recognition of Gain on Transfers of Applicable Partnership 
Interests to Unrelated Parties.--Section 1061(d) is amended to read as 
follows:
    ``(d) Transfer of Applicable Partnership Interest.--If a taxpayer 
transfers any applicable partnership interest, gain shall be recognized 
notwithstanding any other provision of this subtitle.''.
    (d) Regulations.--Section 1061(e) is amended by striking the period 
at the end and inserting the following: ``, including regulations or 
other guidance to--
            ``(1) to prevent the avoidance of the purposes of this 
        section, including through the distribution of property by a 
        partnership and through carry waivers, and
            ``(2) to provide for the application of this section to 
        financial instruments, contracts or interests in entities other 
        than partnerships to the extent necessary or appropriate to 
        carry out the purposes of this section.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138150. LIMITATION ON CERTAIN SPECIAL RULES FOR SECTION 1202 
              GAINS.

    (a) In General.--Section 1202(a) is amended by adding at the end 
the following new paragraph:
            ``(5) Limitation on certain special rules.--In the case of 
        the sale or exchange of qualified small business stock after 
        September 13, 2021, paragraphs (3) and (4) shall not apply to 
        any taxpayer if--
                    ``(A) the adjusted gross income of such taxpayer 
                (determined without regard to this section and sections 
                911, 931, and 933) equals or exceeds $400,000, or
                    ``(B) such taxpayer is a trust or estate.''.
    (b) Effective Date.--Except as provided in subsection (c), the 
amendment made by this section shall apply to sales and exchanges on or 
after September 13, 2021.
    (c) Binding Contract Exception.--The amendment made by this section 
shall not apply to any sale or exchange which is made pursuant to 
written binding contract which was in effect on September 12, 2021, and 
is not modified in any material respect thereafter.

SEC. 138151. CONSTRUCTIVE SALES.

    (a) Application to Appreciated Digital Assets.--
            (1) In general.--Section 1259(b)(1) is amended by inserting 
        ``digital asset,'' after ``debt instrument,''.
            (2) Digital asset.--Section 1259(d) is amended by adding at 
        the end the following new paragraph:
            ``(3) Digital asset.--Except as otherwise provided by the 
        Secretary, the term `digital asset' means any digital 
        representation of value which is recorded on a 
        cryptographically secured distributed ledger or any similar 
        technology as specified by the Secretary.''.
    (b) Treatment of Certain Contracts.--Section 1259(c)(1)(D) is 
amended by inserting ``or enters into a contract to acquire'' after 
``acquires''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to constructive sales (determined after the 
        application of the amendment made by subsection (b)) after the 
        date of the enactment of this Act.
            (2) Treatment of certain contracts.--The amendment made by 
        subsection (b) shall apply to contracts entered into after the 
        date of the enactment of this Act.

SEC. 138152. RULES RELATING TO COMMON CONTROL.

    (a) Clarification of Trade or Business.--Section 52(b) is amended 
by adding at the end the following new sentence: ``For purposes of this 
subsection, the term `trade or business' includes any activity treated 
as a trade or business under paragraph (5) or (6) of section 469(c).''
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2021.

SEC. 138153. WASH SALES BY RELATED PARTIES; WASH SALES OF SPECIFIED 
              ASSETS.

    (a) Application of Wash Sale Rules to Related Parties.--Section 
1091(a) is amended by striking ``the taxpayer has acquired'' and 
inserting ``the taxpayer (or a related party) has acquired''.
    (b) Modification of Basis Adjustment Rule to Prevent Transfer of 
Losses to Related Parties.--Section 1091(d) is amended to read as 
follows:
    ``(d) Adjustment to Basis in Case of Wash Sale.--If the taxpayer 
(or the taxpayer's spouse) acquires substantially identical specified 
assets during the period which--
            ``(1) begins 30 days before the disposition with respect to 
        which a deduction was disallowed under subsection (a), and
            ``(2) ends with the close of the taxpayer's first taxable 
        year which begins after such disposition,
the basis of such specified assets shall be increased by the amount of 
the deduction so disallowed (reduced by any amount of such deduction 
taken into account under this subsection to increase the basis of 
specified assets previously acquired).''
    (c) Related Party.--Section 1091 is amended by adding at the end 
the following new subsection:
    ``(g) Related Party.--For purposes of this section--
            ``(1) In general.--The term `related party' means--
                    ``(A) the taxpayer's spouse,
                    ``(B) any dependent of the taxpayer and any other 
                taxpayer with respect to whom the taxpayer is a 
                dependent,
                    ``(C) any individual, corporation, partnership, 
                trust, or estate which controls, or is controlled by, 
                (within the meaning of section 954(d)(3)) the taxpayer 
                or any individual described in subparagraph (A) or (B) 
                with respect to the taxpayer (or any combination 
                thereof),
                    ``(D) any individual retirement plan, Archer MSA 
                (as defined in section 220(d)), or health savings 
                account (as defined in section 223(d)), of the taxpayer 
                or of any individual described in subparagraph (A) or 
                (B) with respect to the taxpayer,
                    ``(E) any account under a qualified tuition program 
                described in section 529 or a Coverdell education 
                savings account (as defined in section 530(b)) if the 
                taxpayer, or any individual described in subparagraph 
                (A) or (B) with respect to the taxpayer, is the 
                designated beneficiary of such account or has the right 
                to make any decision with respect to the investment of 
                any amount in such account, and
                    ``(F) any account under--
                            ``(i) a plan described in section 401(a),
                            ``(ii) an annuity plan described in section 
                        403(a),
                            ``(iii) an annuity contract described in 
                        section 403(b), or
                            ``(iv) an eligible deferred compensation 
                        plan described in section 457(b) and maintained 
                        by an employer described in section 
                        457(e)(1)(A),
                if the taxpayer or any individual described in 
                subparagraph (A) or (B) with respect to the taxpayer 
                has the right to make any decision with respect to the 
                investment of any amount in such account.
            ``(2) Rules for determining status.--
                    ``(A) Relationships determined at time of 
                acquisition.--Determinations under paragraph (1) shall 
                be made as of the time of the purchase or exchange 
                referred to in subsection (a) except that 
                determinations under subparagraphs (A) and (B) of 
                paragraph (1) shall be made for the taxable year which 
                includes such purchase or exchange.
                    ``(B) Determination of marital status.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), marital status shall be determined 
                        under section 7703.
                            ``(ii) Special rule for married individuals 
                        filing separately and living apart.--A husband 
                        and wife who--
                                    ``(I) file separate returns for any 
                                taxable year, and
                                    ``(II) live apart at all times 
                                during such taxable year,
                        shall not be treated as married individuals.
            ``(3) Regulations.--The Secretary shall issue such 
        regulations or other guidance as may be necessary to prevent 
        the avoidance of the purposes of this subsection, including 
        regulations which treat persons as related parties if such 
        persons are formed or availed of to avoid the purposes of this 
        subsection.''.
    (d) Wash Sale Rules to Apply With Respect to Specified Assets.--
            (1) Specified assets.--Section 1091, as amended by the 
        preceding provisions of this section, is amended by adding at 
        the end the following new subsection:
    ``(h) Specified Asset.--For purposes of this section, the term 
`specified asset' means any of the following:
            ``(1) Any security described in subparagraph (A), (B), (C), 
        (D), or (E) of section 475(c)(2).
            ``(2) Any foreign currency.
            ``(3) Any commodity described in subparagraph (A), (B), or 
        (C) of section 475(e)(2).
            ``(4) Any digital representation of value which is recorded 
        on a cryptographically secured distributed ledger or any 
        similar technology as specified by the Secretary.
Such term shall, except as provided in regulations, include contracts 
or options to acquire or sell any specified assets.''.
            (2) Conforming amendments.--Section 1091 is amended--
                    (A) by striking the last sentence of subsection 
                (a),
                    (B) by striking ``stock or securities'' each place 
                it appears and inserting ``specified assets'', and
                    (C) by striking ``shares of'' each place it appears 
                in subsections (a), (b), and (c).
    (e) Exception for Business Needs and Hedging Transactions.--Section 
1091, as amended by the preceding provisions of this section, is 
amended by adding at the end the following new subsection:
    ``(i) Exception for Business Needs and Hedging Transactions.--
Except as provided in regulations prescribed by the Secretary, 
subsection (a) shall not apply in the case of any sale or other 
disposition--
            ``(1) of a foreign currency or commodity described in 
        subsection (h), and
            ``(2) which--
                    ``(A) is directly related to the business needs of 
                a trade or business of the taxpayer (other than the 
                trade or business of trading foreign currencies or 
                commodities described in subsection (h)), or
                    ``(B) is part of a hedging transaction (as defined 
                in section 1221(b)(2)).''.
    (f) Effective Date.--The amendments made by this section shall 
apply to sales and other dispositions after December 31, 2021.

           PART 2--TAX INCREASES FOR HIGH-INCOME INDIVIDUALS

SEC. 138201. INCREASE IN TOP MARGINAL INDIVIDUAL INCOME TAX RATE.

    (a) Re-establishment of 39.6 Percent Rate Bracket.--
            (1) Married individuals filing joint returns and surviving 
        spouses.--The table contained in section 1(j)(2)(A) is amended 
        by striking the last two rows and inserting the following: ``

    ``Over $400,000 but not over 
        $450,000.
                                        $91,379, plus 35% of the excess 
                                                over $400,000
    Over $450,000..................
                                        $108,879, plus 39.6% of the 
                                                excess over 
                                                $450,000.''.

            (2) Heads of households.--The table contained in section 
        1(j)(2)(B) is amended by striking the last two rows and 
        inserting the following: ``

    ``Over $200,000 but not over 
        $425,000.
                                        $44,298, plus 35% of the excess 
                                                over $200,000
    Over $425,000..................
                                        $123,048, plus 39.6% of the 
                                                excess over 
                                                $425,000.''.

            (3) Unmarried individuals other than surviving spouses and 
        heads of households.--The table contained in section 1(j)(2)(C) 
        is amended by striking the last two rows and inserting the 
        following: ``

    ``Over $200,000 but not over 
        $400,000.
                                        $45,689.50, plus 35% of the 
                                                excess over $200,000
    Over $400,000..................
                                        $115,689.50, plus 39.6% of the 
                                                excess over 
                                                $400,000.''.

            (4) Married individuals filing separate returns.--The table 
        contained in section 1(j)(2)(D) is amended by striking the last 
        two rows and inserting the following: ``

    ``Over $200,000 but not over 
        $225,000.
                                        $45,689.50, plus 35% of the 
                                                excess over $200,000
    Over $225,000..................
                                        $54,439.50, plus 39.6% of the 
                                                excess over 
                                                $225,000.''.

            (5) Estates and trusts.--The table contained in section 
        1(j)(2)(E) is amended by striking the last row and inserting 
        the following: ``

    ``Over $12,500.................
                                        $3,011.50, plus 39.6% of the 
                                                excess over $12,500.''.

    (b) Application of Adjustments.--Section 1(j)(3) is amended to read 
as follows:
            ``(3) Adjustments.--For taxable years beginning after 
        December 31, 2021, the Secretary shall prescribe tables which 
        shall apply in lieu of the tables contained in paragraph (2) in 
        the same manner as under paragraphs (1) and (2) of subsection 
        (f) (applied without regard to clauses (i) and (ii) of 
        subsection (f)(2)(A), except that in prescribing such tables--
                    ``(A) except as provided in subparagraph (B), 
                subsection (f)(3) shall be applied by substituting 
                `calendar year 2017' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof,
                    ``(B) in the case of adjustments to the dollar 
                amounts at which the 39.6 percent rate bracket begins 
                (other than such dollar amount in paragraph (2)(E))--
                            ``(i) no adjustment shall be made for 
                        taxable years beginning after December 31, 
                        2021, and before January 1, 2023, and
                            ``(ii) in the case of any taxable year 
                        beginning after December 31, 2022, subsection 
                        (f)(3) shall be applied by substituting 
                        `calendar year 2021' for `calendar year 2016',
                    ``(C) subsection (f)(7)(B) shall apply to any 
                unmarried individual other than a surviving spouse, and
                    ``(D) subsection (f)(8) shall not apply.''.
    (c) Modification to 39.6 Percent Rate Bracket for High-income 
Taxpayers After 2025.--Section 1(i)(3) is amended to read as follows:
            ``(3) Modifications to 39.6 percent rate bracket.--In the 
        case of taxable years beginning after December 31, 2025--
                    ``(A) In general.--The rate of tax under 
                subsections (a), (b), (c), and (d) on a taxpayer's 
                taxable income in excess of the 39.6 percent rate 
                bracket threshold shall be taxed at a rate of 39.6 
                percent.
                    ``(B) 39.6 percent rate bracket threshold.--For 
                purposes of this paragraph, the term `39.6 percent rate 
                bracket threshold' means--
                            ``(i) in the case any taxpayer described in 
                        subsection (a), $450,000,
                            ``(ii) in the case of any taxpayer 
                        described in subsection (b), $425,000,
                            ``(iii) in the case of any taxpayer 
                        described in subsection (c), $400,000, and
                            ``(iv) in the case of any taxpayer 
                        described in subsection (d), $225,000.
                    ``(C) Inflation adjustment.--For purposes of this 
                paragraph, with respect to taxable years beginning in 
                calendar years after 2025, each of the dollar amounts 
                in subparagraph (B) shall be adjusted in the same 
                manner as under paragraph (1)(C)(i), except that 
                subsection (f)(3)(A)(ii) shall be applied by 
                substituting `2021' for `2016'.''.
    (d) Conforming Amendments.--
            (1) Section 1(j)(1) is amended by striking ``December 31, 
        2017'' and inserting ``December 31, 2021''.
            (2) The heading of section 1(j) is amended by striking 
        ``2018'' and inserting ``2022''.
            (3) The heading of section 1(i) is amended by striking 
        ``Rate Reductions'' and inserting ``Modifications''
            (4) Section 15(f) is amended by striking ``rate 
        reductions'' and inserting ``modifications''.
    (e) Section 15 Not to Apply.--For rules providing that section 15 
of the Internal Revenue Code of 1986 does not apply to the amendments 
made by this section, see sections 1(j)(6) and 15(f) of the Internal 
Revenue Code of 1986.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138202. INCREASE IN CAPITAL GAINS RATE FOR CERTAIN HIGH INCOME 
              INDIVIDUALS.

    (a) In General.--Section 1(h)(1)(D) is amended by striking ``20 
percent'' and inserting ``25 percent''.
    (b) Re-alignment of 25 Percent Capital Gains Rate Threshold With 
39.6 Percent Income Tax Rate Threshold.--Section 1(j)(5) is amended--
            (1) by striking subparagraphs (A) and (B) and inserting the 
        following new subparagraphs:
                    ``(A) In general.--Section 1(h)(1) shall be applied 
                by substituting `below the maximum zero rate amount' 
                for `which would (without regard to this paragraph) be 
                taxed at a rate below 25 percent' in subparagraph 
                (B)(i).
                    ``(B) Maximum zero rate amount defined.--For 
                purposes of applying section 1(h) with the 
                modifications described in subparagraph (A), the 
                maximum zero rate amount shall be--
                            ``(i) in the case of a joint return or 
                        surviving spouse, $77,200,
                            ``(ii) in the case of an individual who is 
                        a head of household (as defined in section 
                        2(b)), $51,700,
                            ``(iii) in the case of any other individual 
                        (other than an estate or trust), an amount 
                        equal to \1/2\ of the amount in effect for the 
                        taxable year under subclause (I), and
                            ``(iv) in the case of an estate or trust, 
                        $2,600.'', and
            (2) by striking ``each of the dollar amounts in clauses (i) 
        and (ii)'' in subparagraph (C) and inserting ``each dollar 
        amount in clause (i), (ii), or (iv)''.
    (c) Conforming Amendments.--
            (1) Section 55(b)(3) is amended by striking subparagraph 
        (D) and redesignating subparagraph (E) as subparagraph (D).
            (2) The following provisions are each amended by striking 
        ``20 percent'' and inserting ``25 percent'':
                    (A) Section 531.
                    (B) Section 541.
                    (C) Section 1445(e)(1).
                    (D) Section 1445(e)(6).
                    (E) The second sentence of section 7518(g)(6)(A).
            (3) Section 53511(f)(2) of title 46, United States Code, is 
        amended to read as follows:
            ``(2) Maximum tax rate.--For that portion of a nonqualified 
        withdrawal made from the capital gain account during a taxable 
        year to which section 1(h) of such Code (26 U.S.C. 1(h)) 
        applies, the tax rate used under paragraph (1)(B) may not 
        exceed 25 percent.''.
    (d) Section 15 Not to Apply.--The amendments made by this section 
shall not be treated as a change in a rate of tax for purposes of 
section 15 of the Internal Revenue Code of 1986.
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        taxable years ending after September 13, 2021.
            (2) Re-alignment of 25 percent capital gains rate threshold 
        with 39.6 percent income tax rate threshold.--The amendments 
        made by subsection (b) shall apply to taxable years beginning 
        after December 31, 2021.
            (3) Withholding under sections 1445 and 1446.--The 
        amendments made by subparagraphs (C) and (D) of subsection 
        (c)(2) shall apply to dispositions after the date of the 
        enactment of this Act.
    (f) Transitional Rules for Taxable Years Which Include September 
13, 2021.--
            (1) In general.--For purposes of applying section 1(h) of 
        the Internal Revenue Code of 1986 with respect to any taxable 
        year which includes September 13, 2021, the amount determined 
        under subparagraph (D) of section 1(h)(1) of such Code shall be 
        the sum of--
                    (A) 20 percent of the lesser of--
                            (i) the amount on which a tax is determined 
                        under such subparagraph (D) (without regard to 
                        this subsection), or
                            (ii) the amount (if any) of net capital 
                        gain determined by taking into account only 
                        dividends, gains, and losses for the portion of 
                        the taxable year on or before September 13, 
                        2021 (determined without regard to collectibles 
                        gain or loss, gain described in section 
                        1(h)(6)(A)(i) of such Code, and section 1202 
                        gain), plus--
                    (B) 25 percent of the excess (if any) of the amount 
                described in subparagraph (A)(i) over the amount 
                described in subparagraph (A)(ii).
            (2) Special rule for binding contracts entered into prior 
        to september 13, 2021.--For purposes of paragraph (1), a gain 
        recognized in the taxable year that includes September 13, 
        2021, shall be treated as being with respect to the portion of 
        such taxable year on or before such date if such gain arises 
        from a transaction which occurs pursuant to a written binding 
        contract entered into on or before such date (and which is not 
        modified thereafter in any material respect).
            (3) Alternative minimum tax.--Rules similar to the rules of 
        paragraph (1) shall apply for purposes of applying section 
        55(b)(3) of such Code.
            (4) Application to pass-thru entities.--In applying this 
        subsection with respect to any pass-thru entity, the 
        determination of when dividends, gains, and losses are properly 
        taken into account shall be made at the entity level.
            (5) Definitions of certain terms.--Terms used in this 
        subsection which are also used in section 1(h) of such Code 
        shall have the respective meanings that such terms have in such 
        section.

SEC. 138203. APPLICATION OF NET INVESTMENT INCOME TAX TO TRADE OR 
              BUSINESS INCOME OF CERTAIN HIGH INCOME INDIVIDUALS.

    (a) In General.--Section 1411 is amended by adding at the end the 
following new subsection:
    ``(f) Application to Certain High Income Individuals.--
            ``(1) In general.--In the case of any individual whose 
        modified adjusted gross income for the taxable year exceeds the 
        high income threshold amount, subsection (a)(1) shall be 
        applied by substituting `the greater of specified net income or 
        net investment income' for `net investment income' in 
        subparagraph (A) thereof.
            ``(2) Phase-in of increase.--The increase in the tax 
        imposed under subsection (a)(1) by reason of the application of 
        paragraph (1) of this subsection shall not exceed the amount 
        which bears the same ratio to the amount of such increase 
        (determined without regard to this paragraph) as--
                    ``(A) the excess described in paragraph (1), bears 
                to
                    ``(B) $100,000 (\1/2\ such amount in the case of a 
                married taxpayer (as defined in section 7703) filing a 
                separate return).
            ``(3) High income threshold amount.--For purposes of this 
        subsection, the term `high income threshold amount' means--
                    ``(A) except as provided in subparagraph (B) or 
                (C), $400,000,
                    ``(B) in the case of a taxpayer making a joint 
                return under section 6013 or a surviving spouse (as 
                defined in section 2(a)), $500,000, and
                    ``(C) in the case of a married taxpayer (as defined 
                in section 7703) filing a separate return, \1/2\ of the 
                dollar amount determined under subparagraph (B).
            ``(4) Specified net income.--For purposes of this section, 
        the term `specified net income' means net investment income 
        determined--
                    ``(A) without regard to the phrase `other than such 
                income which is derived in the ordinary course of a 
                trade or business not described in paragraph (2),' in 
                subsection (c)(1)(A)(i),
                    ``(B) without regard to the phrase `described in 
                paragraph (2)' in subsection (c)(1)(A)(ii),
                    ``(C) without regard to the phrase `other than 
                property held in a trade or business not described in 
                paragraph (2)' in subsection (c)(1)(A)(iii),
                    ``(D) without regard to paragraphs (2), (3), and 
                (4) of subsection (c), and
                    ``(E) by treating paragraphs (5) and (6) of section 
                469(c) as applying for purposes of subsection (c) of 
                this section.''.
    (b) Application to Trusts and Estates.--Section 1411(a)(2)(A) is 
amended by striking ``undistributed net investment income'' and 
inserting ``the greater of undistributed specified net income or 
undistributed net investment income''.
    (c) Clarifications With Respect to Determination of Net Investment 
Income.--
            (1) Wages subject to fica not taken into account.--Section 
        1411(c)(6) is amended by inserting ``or wages received with 
        respect to employment on which a tax is imposed under section 
        3101(b)'' before the period at the end.
            (2) Net operating losses not taken into account.--Section 
        1411(c)(1)(B) is amended by inserting ``(other than section 
        172)'' after ``this subtitle''.
            (3) Inclusion of certain foreign income.--
                    (A) In general.--Section 1411(c)(1)(A) is amended 
                by striking ``and'' at the end of clause (ii), by 
                striking ``over'' at the end of clause (iii) and 
                inserting ``and'', and by adding at the end the 
                following new clause:
                            ``(iv) any amount includible in gross 
                        income under section 951, 951A, 1293, or 1296, 
                        over''.
                    (B) Proper treatment of certain previously taxed 
                income.--Section 1411(c) is amended by adding at the 
                end the following new paragraph:
            ``(7) Certain previously taxed income.--The Secretary shall 
        issue regulations or other guidance providing for the treatment 
        of distributions of amounts previously included in gross income 
        for purposes of chapter 1 but not previously subject to tax 
        under this section.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.
    (e) Transition Rule.--The regulations or other guidance issued by 
the Secretary under section 1411(c)(7) of the Internal Revenue Code of 
1986 (as added by this section) shall include provisions which provide 
for the proper coordination and application of clauses (i) and (iv) of 
section 1411(c)(1)(A) with respect to--
            (1) taxable years beginning on or before December 31, 2021, 
        and
            (2) taxable years beginning after such date.

SEC. 138204. LIMITATION ON DEDUCTION OF QUALIFIED BUSINESS INCOME FOR 
              CERTAIN HIGH INCOME INDIVIDUALS.

    (a) In General.--Section 199A(a) is amended by striking ``or'' at 
the end of paragraph (1), by striking the period at the end of 
paragraph (2) and inserting ``, or'', and by adding at the end the 
following new paragraph:
            ``(3) the following amount:
                    ``(A) $500,000 in the case of a joint return or 
                surviving spouse (as defined in section 2(a)),
                    ``(B) $400,000 in the case of any taxpayer not 
                described in subparagraph (A), (C), or (D),
                    ``(C) $250,000 in the case of a married individual 
                filing a separate return, or
                    ``(D) $10,000 in the case of an estate or trust.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138205. LIMITATIONS ON EXCESS BUSINESS LOSSES OF NONCORPORATE 
              TAXPAYERS.

    (a) Limitation Made Permanent.--
            (1) In general.--Section 461(l)(1) is amended to read as 
        follows:
            ``(1) Limitation.--In the case of any taxpayer other than a 
        corporation, any excess business loss of the taxpayer for the 
        taxable year shall not be allowed.''.
            (2) Conforming amendment.--Section 461 is amended by 
        striking subsection (j).
    (b) Modification of Carryover of Disallowed Losses.--Section 
461(l)(2) is amended to read as follows:
            ``(2) Disallowed loss carryover.--Any loss which is 
        disallowed under paragraph (1) for any taxable year shall be 
        treated (solely for purposes of this chapter) as a deduction 
        described in paragraph (3)(A)(i) for the next taxable year.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

SEC. 138206. SURCHARGE ON HIGH INCOME INDIVIDUALS, ESTATES, AND TRUSTS.

    (a) In General.--Part I of subchapter A of chapter 1 is amended by 
inserting after section 1 the following new section:

``SEC. 1A. SURCHARGE ON HIGH INCOME INDIVIDUALS, ESTATES, AND TRUSTS.

    ``(a) General Rule.--In the case of a taxpayer other than a 
corporation, there is hereby imposed (in addition to any other tax 
imposed by this subtitle) a tax equal to 3 percent of so much of the 
modified adjusted gross income of the taxpayer as exceeds--
            ``(1) $5,000,000, in the case of any taxpayer not described 
        in paragraph (2) or (3),
            ``(2) $2,500,000, in the case of a married individual 
        filing a separate return, and
            ``(3) $100,000, in the case of an estate or trust.
    ``(b) Modified Adjusted Gross Income.--For purposes of this 
section, the term `modified adjusted gross income' means adjusted gross 
income reduced by any deduction (not taken into account in determining 
adjusted gross income) allowed for investment interest (as defined in 
section 163(d)). In the case of an estate or trust, adjusted gross 
income shall be determined as provided in section 67(e).
    ``(c) Special Rules.--
            ``(1) Nonresident alien.--In the case of a nonresident 
        alien individual, only amounts taken into account in connection 
        with the tax imposed under section 871(b) shall be taken into 
        account under this section.
            ``(2) Citizens and residents living abroad.--The dollar 
        amount applicable to any taxpayer under paragraph (1), (2), or 
        (3) of subsection (a) (as the case may be) shall be decreased 
        (but not below zero) by the excess (if any) of--
                    ``(A) the amounts excluded from the taxpayer's 
                gross income under section 911, over
                    ``(B) the amounts of any deductions or exclusions 
                disallowed under section 911(d)(6) with respect to the 
                amounts described in subparagraph (A).
            ``(3) Charitable trusts.--Subsection (a) shall not apply to 
        a trust all the unexpired interests in which are devoted to one 
        or more of the purposes described in section 170(c)(2)(B).
            ``(4) Not treated as tax imposed by this chapter for 
        certain purposes.--The tax imposed under this section shall not 
        be treated as tax imposed by this chapter for purposes of 
        determining the amount of any credit under this chapter or for 
        purposes of section 55.''.
    (b) Clerical Amendment.--The table of sections for part I of 
subchapter A of chapter 1 is amended by inserting after the item 
relating to section 1 the following new item:

``Sec. 1A. Surcharge on high income individuals.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138207. TERMINATION OF TEMPORARY INCREASE IN UNIFIED CREDIT.

    (a) In General.--Section 2010(c)(3) of the Internal Revenue Code of 
1986 is amended by striking subparagraph (C).
    (b) Effective Date.--The amendment made by this section shall apply 
to estates of decedents dying and gifts made after December 31, 2021.

SEC. 138208. INCREASE IN LIMITATION ON ESTATE TAX VALUATION REDUCTION 
              FOR CERTAIN REAL PROPERTY USED IN FARMING OR OTHER TRADES 
              OR BUSINESSES.

    (a) In General.--Section 2032A(a)(2) of the Internal Revenue Code 
of 1986 is amended by striking ``$750,000'' and inserting 
``$11,700,000''.
    (b) Inflation Adjustment.--Section 2032A(a)(3) of such Code is 
amended--
            (1) by striking ``$750,000'' both places it appears and 
        inserting ``$11,700,000'',
            (2) by striking ``1998'' in the matter preceding 
        subparagraph (A) and inserting ``2021'', and
            (3) by striking ``1997'' in subparagraph (B) and inserting 
        ``2020''.
    (c) Effective Date.--The amendments made by this section shall 
apply to the estates of decedents dying after December 31, 2021.

SEC. 138209. CERTAIN TAX RULES APPLICABLE TO GRANTOR TRUSTS.

    (a) Application of Transfer Taxes.--
            (1) In general.--Subtitle B of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new chapter:

             ``CHAPTER 16--SPECIAL RULES FOR GRANTOR TRUSTS

``Sec. 2901. Application of transfer taxes.

``SEC. 2901. APPLICATION OF TRANSFER TAXES.

    ``(a) In General.--In the case of any portion of a trust with 
respect to which the grantor is the deemed owner--
            ``(1) the value of the gross estate of the deceased deemed 
        owner of such portion shall include all assets attributable to 
        that portion at the time of the death of such owner,
            ``(2) any distribution (other than to the deemed owner or 
        the deemed owner's spouse) from such portion to one or more 
        beneficiaries during the life of the deemed owner of such 
        portion (other than in discharge of an obligation of the deemed 
        owner) shall be treated as a transfer by gift for purposes of 
        chapter 12,
            ``(3) if at any time during the life of the deemed owner of 
        such portion, such owner ceases to be treated as the owner of 
        such portion under subpart E of part 1 of subchapter J of 
        chapter 1, all assets attributable to such portion at such time 
        shall be treated for purposes of chapter 12 as a transfer by 
        gift made by the deemed owner, and
            ``(4) proper adjustment shall be made with respect to 
        amounts so included in the gross estate, or treated as 
        transferred by gift, pursuant to paragraph (1), (2), or (3), as 
        the case may be, to account for amounts treated previously as 
        taxable gifts under chapter 12 with respect to previous 
        transfers to the trust by the deemed owner.
    ``(b) Exceptions.--This section shall not apply to any trust that 
is includible in the gross estate of the deemed owner (without regard 
to subsection (a)(1)).
    ``(c) Deemed Owner Defined.--For purposes of this chapter, the term 
`deemed owner' means any person who is treated as the owner of a 
portion of a trust under subpart E of part 1 of subchapter J of chapter 
1.''.
            (2) Cross-reference.--Section 2511 of such Code is amended 
        by adding at the end the following new subsection:
    ``(c) Cross-reference.--For treatment of transfers to grantor 
trusts, see section 2901.''.
            (3) Clerical amendment.--The table of chapters for subtitle 
        B of such Code is amended by adding at the end the following 
        new item:

           ``Chapter 16. Special Rules for Grantor Trusts''.

    (b) Certain Sales to Grantor Trust.--
            (1) In general.--Part IV of subchapter O of chapter 1 of 
        such Code is amended by redesignating section 1062 as section 
        1063 and inserting after section 1061 the following new 
        section:

``SEC. 1062. CERTAIN SALES BETWEEN GRANTOR TRUST AND DEEMED OWNER.

    ``(a) In General.--In the case of any transfer of property between 
a trust and the a person who is the deemed owner of the trust (or 
portion thereof), such treatment of the person as the owner of the 
trust shall be disregarded in determining whether the transfer is a 
sale or exchange for purposes of this chapter.
    ``(b) Exception.--Subsection (a) shall not apply to any trust that 
is fully revocable by the deemed owner.
    ``(c) Deemed Owner.--For purposes of this section, the term `deemed 
owner' means any person who is treated as the owner of a portion of a 
trust under subpart E of part 1 of subchapter J.''.
            (2) Related taxpayers.--Section 267(b) is amended by 
        striking ``or'' at the end of paragraph (12), by striking the 
        period at the end of paragraph (13) and inserting ``; or'', and 
        by adding at the end the following new paragraph:
            ``(14) A grantor trust and the person treated as the owner 
        of the trust (or portion thereof) under subpart E of part 1 of 
        subchapter J of this chapter.''.
            (3) Clerical amendment.--The table of sections for part IV 
        of subchapter O of chapter 1 of such Code is amended by 
        striking the item relating to section 1062 and inserting the 
        following new items:

``Sec. 1062. Certain sales to grantor trusts.
``Sec. 1063. Cross references.''.
    (c) Effective Date.--The amendments made by this section shall 
apply--
            (1) to trusts created on or after the date of the enactment 
        of this Act, and
            (2) to any portion of a trust established before the date 
        of the enactment of this Act which is attributable to a 
        contribution made on or after such date.

SEC. 138210. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS 
              ASSETS.

    (a) In General.--Section 2031 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (d) as subsection (f) and by 
inserting after subsection (c) the following new subsections:
    ``(d) Valuation Rules for Certain Transfers of Nonbusiness 
Assets.--For purposes of this chapter and chapter 12--
            ``(1) In general.--In the case of the transfer of any 
        interest in an entity other than an interest which is actively 
        traded (within the meaning of section 1092)--
                    ``(A) the value of any nonbusiness assets held by 
                the entity with respect to such interest shall be 
                determined as if the transferor had transferred such 
                assets directly to the transferee (and no valuation 
                discount shall be allowed with respect to such 
                nonbusiness assets), and
                    ``(B) such nonbusiness assets shall not be taken 
                into account in determining the value of the interest 
                in the entity.
            ``(2) Nonbusiness assets.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `nonbusiness asset' 
                means any passive asset which--
                            ``(i) is held for the production or 
                        collection of income, and
                            ``(ii) is not used in the active conduct of 
                        a trade or business.
                    ``(B) Passive assets used in active conduct of 
                trade or business.--Except as provided in subparagraph 
                (C), a passive asset shall not be treated for purposes 
                of subparagraph (A) as used in the active conduct of a 
                trade or business unless--
                            ``(i) the asset is property described in 
                        paragraph (1) or (4) of section 1221(a) or is a 
                        hedge with respect to such property, or
                            ``(ii) the asset is real property used in 
                        the active conduct of 1 or more real property 
                        trades or businesses (within the meaning of 
                        section 469(c)(7)(C)) in which the transferor 
                        materially participates and with respect to 
                        which the transferor meets the requirements of 
                        section 469(c)(7)(B)(ii).
                For purposes of clause (ii), material participation 
                shall be determined under the rules of section 469(h), 
                except that section 469(h)(3) shall be applied without 
                regard to the limitation to farming activity.
                    ``(C) Exception for working capital.--Any passive 
                asset which is held as a part of the reasonably 
                required working capital needs of a trade or business 
                shall be treated as used in the active conduct of a 
                trade or business.
            ``(3) Passive asset.--For purposes of this subsection, the 
        term `passive asset' means any--
                    ``(A) cash or cash equivalents,
                    ``(B) except to the extent provided by the 
                Secretary, stock in a corporation or any other equity, 
                profits, or capital interest in a partnership,
                    ``(C) evidence of indebtedness, option, forward or 
                futures contract, notional principal contract, or 
                derivative,
                    ``(D) asset described in clause (iii), (iv), or (v) 
                of section 351(e)(1)(B),
                    ``(E) annuity,
                    ``(F) real property,
                    ``(G) asset (other than a patent, trademark, or 
                copyright) which produces royalty income,
                    ``(H) commodity,
                    ``(I) collectible (within the meaning of section 
                408(m)),
                    ``(J) personal property (as defined in section 
                1092(d)(1)) or position in personal property (within 
                the meaning of section 1092(d)(2)), or
                    ``(K) other asset specified in regulations 
                prescribed by the Secretary.
            ``(4) Look-thru rules.--
                    ``(A) In general.--If a passive asset of an entity 
                consists of a 10-percent interest in any other entity, 
                this subsection shall be applied by disregarding the 
                10-percent interest and by treating the entity as 
                holding directly its ratable share of the assets of the 
                other entity. This subparagraph shall be applied 
                successively to any 10-percent interest of such other 
                entity in any other entity.
                    ``(B) 10-percent interest.--The term `10-percent 
                interest' means--
                            ``(i) in the case of an interest in a 
                        corporation, ownership of at least 10 percent 
                        (by vote or value) of the stock in such 
                        corporation,
                            ``(ii) in the case of an interest in a 
                        partnership, ownership of at least 10 percent 
                        of the capital or profits interest in the 
                        partnership, and
                            ``(iii) in any other case, ownership of at 
                        least 10 percent of the beneficial interests in 
                        the entity.
                For purposes of the preceding sentence, the rules 
                prescribed by section 318(a) shall apply.
            ``(5) Coordination with subsection (b).--Subsection (b) 
        shall apply after the application of this subsection.
            ``(6) Regulations.--The Secretary shall issue such 
        regulations or other guidance as the Secretary determines is 
        necessary or appropriate to carry out this subsection, 
        including regulations or other guidance to--
                    ``(A) determine whether a passive asset is used in 
                the active conduct of a trade or business, in addition 
                to the instances described in paragraph (2)(B), and
                    ``(B) determine whether a passive asset is held as 
                a part of the reasonably required working capital needs 
                of a trade or business under paragraph (2)(C).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transfers after the date of the enactment of this Act.

      PART 3--MODIFICATIONS OF RULES RELATING TO RETIREMENT PLANS

 Subpart A--Limitations on High-income Taxpayers With Large Retirement 
                            Account Balances

SEC. 138301. CONTRIBUTION LIMIT FOR INDIVIDUAL RETIREMENT PLANS OF 
              HIGH-INCOME TAXPAYERS WITH LARGE ACCOUNT BALANCES.

    (a) Contribution Limit.--
            (1) In general.--Subpart A of part I of subchapter D of 
        chapter 1 is amended by adding at the end the following:

``SEC. 409B. CONTRIBUTION LIMIT ON INDIVIDUAL RETIREMENT PLANS OF HIGH-
              INCOME TAXPAYERS WITH LARGE ACCOUNT BALANCES.

    ``(a) General Rule.--Notwithstanding any other provision of this 
title, in the case of an individual who is an applicable taxpayer for a 
taxable year, no annual additions which are allocable to such taxable 
year shall be made by, or on behalf of, such individual to any 
individual retirement plan to the extent such annual additions exceed 
the excess (if any) of--
            ``(1) the applicable dollar amount for such taxable year, 
        over
            ``(2) the aggregate vested balances to the credit of the 
        individual (whether as a participant, owner, or beneficiary) in 
        all applicable retirement plans (determined as of the close of 
        the calendar year preceding the calendar year in which such 
        taxable year begins).
    ``(b) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Annual addition.--
                    ``(A) In general.--Except as provided in this 
                paragraph, the term `annual addition' means any 
                contribution to an individual retirement plan.
                    ``(B) Contributions to sep and simple plans.--In 
                the case of any employer or employee contributions by, 
                or on behalf of, an individual to a simplified employee 
                pension under section 408(k) or a simple retirement 
                account under section 408(p)--
                            ``(i) such contributions shall not be 
                        treated as annual additions for purposes of 
                        applying the limitation under subsection (a), 
                        but
                            ``(ii) the excess described in subsection 
                        (a) shall be reduced by the amount of such 
                        contributions in applying such limitation to 
                        other annual additions with respect to such 
                        individual.
                    ``(C) Rollover contributions disregarded.--A 
                rollover contribution under section 402(c), 
                402A(c)(3)(A), 403(a)(4), 403(b)(8), 408(d)(3)(A), 
                408A(e)(1), or 457(e)(16) shall not be treated as an 
                annual addition.
                    ``(D) Accounts acquired by death or divorce or 
                separation.--The acquisition of an individual 
                retirement plan (or the transfer to or contribution of 
                amounts to an individual retirement plan) by reason 
                of--
                            ``(i) the death of another individual, or
                            ``(ii) divorce or separation (pursuant to 
                        section 408(d)(6)),
                shall not be treated as an annual addition.
            ``(2) Applicable dollar amount.--The term `applicable 
        dollar amount' means $10,000,000.
            ``(3) Applicable retirement plan.--The term `applicable 
        retirement plan' means--
                    ``(A) a defined contribution plan to which section 
                401(a) or 403(a) applies,
                    ``(B) an annuity contract under section 403(b),
                    ``(C) an eligible deferred compensation plan 
                described in section 457(b) which is maintained by an 
                eligible employer described in section 457(e)(1)(A), or
                    ``(D) an individual retirement plan.
            ``(4) Applicable taxpayer.--
                    ``(A) In general.--The term `applicable taxpayer' 
                means, with respect to any taxable year, a taxpayer 
                whose adjusted taxable income for such taxable year 
                exceeds the amount determined under subparagraph (B).
                    ``(B) Dollar limit.--The amount determined under 
                this subparagraph for any taxable year is--
                            ``(i) $400,000 for an individual who is a 
                        taxpayer not described in clause (ii) or (iii),
                            ``(ii) $425,000 in the case of an 
                        individual who is a head of household (as 
                        defined in section 2(b)), and
                            ``(iii) $450,000 in the case of an 
                        individual who is a married individual filing a 
                        joint return or a surviving spouse (as defined 
                        in section 2(a)).
                    ``(C) Adjusted taxable income.--The term `adjusted 
                taxable income' means taxable income determined without 
                regard to--
                            ``(i) any deduction for annual additions to 
                        individual retirement plans to which subsection 
                        (a) applies, and
                            ``(ii) any increase in minimum required 
                        distributions by reason of section 4974(e).
            ``(5) Adjustments for inflation.--
                    ``(A) In general.--In the case of any taxable year 
                beginning after 2022, each of the dollar amounts under 
                paragraph (2) and paragraph (4)(B) shall be increased 
                by an amount equal to the product of--
                            ``(i) such dollar amount, and
                            ``(ii) the cost-of-living adjustment under 
                        section 1(f)(3) for the calendar year in which 
                        such taxable year begins, determined by 
                        substituting `calendar year 2021' for `calendar 
                        year 1992' in subparagraph (B) thereof.
                    ``(B) Rounding.--If any amount as adjusted under 
                subparagraph (A) is not--
                            ``(i) in the case of the dollar amount 
                        under paragraph (2), a multiple of $250,000, 
                        such amount shall be rounded to the next lowest 
                        multiple of $250,000, and
                            ``(ii) in the case of a dollar amount under 
                        paragraph (4), a multiple of $1,000, such 
                        amount shall be rounded to the next lowest 
                        multiple of $1,000.
    ``(c) Regulations.--The Secretary shall prescribe such regulations 
and guidance as are necessary or appropriate to carry out the purposes 
of this section, including regulations or guidance that provide for the 
application of this section and section 4974(e) in the case of plans 
with a valuation date other than the last day of a calendar year.''.
            (2) Conforming amendments.--
                    (A) The table of contents for subpart A of part I 
                of subchapter D of chapter 1 is amended by adding after 
                the item relating to section 409A the following new 
                item:

``Sec. 409B. Contribution limit on individual retirement plans of high-
                            income taxpayers with large account 
                            balances.''.
                    (B) Section 408(r) is amended by adding at the end 
                the following new paragraph:
            ``(3) For additional limitation on contributions to 
        individual retirement plans with large account balances, see 
        sections 402A(c)(3)(A) and 409B.''.
    (b) Excise Tax on Excess Annual Additions.--
            (1) In general.--Section 4973 is amended by adding at the 
        end the following new subsection:
    ``(i) Special Rule for Individual Retirement Plans With Excess 
Annual Additions.--For purposes of this section, in the case of 
individual retirement plans, the term `excess contributions' with 
respect to any taxable year means the sum of--
            ``(1) the excess of the annual additions (within the 
        meaning of section 409B(b)(1)) to such plans over the 
        limitation under section 409B(a) for such taxable year, reduced 
        by the amount of any excess contributions determined under 
        subsections (b) and (f), and
            ``(2) the lesser of--
                    ``(A) the amount determined under this subsection 
                for the preceding taxable year with respect to such 
                plans, reduced by the aggregate distributions from such 
                plans for the taxable year (including distributions 
                required under section 4974(e)) to the extent not 
                contributed in a rollover contribution to another 
                eligible retirement plan in accordance with section 
                402(c), 402A(c)(3)(A), 403(a)(4), 403(b)(8), 
                457(e)(16), 408(d)(3), or 408A(d)(3), or
                    ``(B) the amount (if any) by which the amount 
                determined under section 409B(a)(2) for the taxable 
                year exceeds the applicable dollar amount under section 
                409B(b)(2) for the taxable year.''.
            (2) Conforming amendments.--Subsections (b) and (f) of 
        section 4973 are each amended by inserting ``, except as 
        further provided in subsection (i)'' after ``For purposes of 
        this section''.
    (c) Reporting Requirements.--Section 6057(a) is amended by adding 
at the end the following:
            ``(3) Additional information regarding high account 
        balances.--
                    ``(A) In general.--If, as of the close of any plan 
                year, 1 or more participants in an applicable 
                retirement plan (as defined in section 409B(b)(3) 
                without regard to subparagraph (D) thereof) have a 
                vested account balance of at least $2,500,000, the plan 
                administrator shall file a statement with the Secretary 
                which includes--
                            ``(i) the name and identifying number of 
                        each such participant (without regard to 
                        whether such participant has separated from 
                        employment), and
                            ``(ii) the amount to which each such 
                        participant is entitled.
                    ``(B) Inclusion in registration statement.--If both 
                subparagraph (A) and paragraph (1) apply to a plan, the 
                plan administrator shall include the information 
                required under subparagraph (A) in the registration 
                statement under paragraph (1) rather than file a 
                statement under subparagraph (A).
                    ``(C) Adjustments for inflation.--In the case of 
                any plan year beginning after 2022, the $2,500,000 
                amount under subparagraph (A) shall be increased by an 
                amount equal to the product of--
                            ``(i) such dollar amount, and
                            ``(ii) the cost-of-living adjustment under 
                        section 1(f)(3) for the calendar year in which 
                        such taxable year begins, determined by 
                        substituting `calendar year 2021' for `calendar 
                        year 1992' in subparagraph (B) thereof.
                If the amount as adjusted under the preceding sentence 
                is not a multiple of $250,000, such amount shall be 
                rounded to the next lowest multiple of $250,000.''.
    (d) Effective Dates.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall apply to taxable years beginning after December 31, 
        2021.
            (2) Plan requirements.--The amendments made by subsection 
        (c) shall apply to plan years beginning after December 31, 
        2021.

SEC. 138302. INCREASE IN MINIMUM REQUIRED DISTRIBUTIONS FOR HIGH-INCOME 
              TAXPAYERS WITH LARGE RETIREMENT ACCOUNT BALANCES.

    (a) In General.--Section 4974 is amended by adding at the end the 
following:
    ``(e) Increase in Minimum Required Distributions for High-income 
Taxpayers With Large Aggregate Account Balances.--
            ``(1) In general.--If this subsection applies to a payee 
        who is an applicable taxpayer (as defined in section 
        409B(b)(4)) for a taxable year--
                    ``(A) all qualified retirement plans and eligible 
                deferred compensation plans of the payee which are 
                applicable retirement plans taken into account in 
                computing the excess described in paragraph (3)(A) 
                shall be treated as 1 plan solely for purposes of 
                applying this section to the increase in minimum 
                required distributions for such taxable year determined 
                under subparagraph (B), and
                    ``(B) the minimum required distributions under this 
                section for all plans treated as 1 plan under 
                subparagraph (A) with respect to such payee for such 
                taxable year shall be increased by the excess (if any) 
                of--
                            ``(i) the sum of--
                                    ``(I) if paragraph (2) applies to 
                                such taxable year, the applicable Roth 
                                excess amount, plus
                                    ``(II) 50 percent of the excess 
                                determined under paragraph (3)(A), 
                                reduced by the applicable Roth excess 
                                amount, over
                            ``(ii) the sum of the minimum required 
                        distributions (determined without regard to 
                        this subsection) for all such plans.
            ``(2) Applicable roth excess amount.--
                    ``(A) Application.--For purposes of paragraph 
                (1)(B)(i), this paragraph applies to a taxable year of 
                a payee if the aggregate vested balances to the credit 
                of the payee (whether as a participant, owner, or 
                beneficiary) in all applicable retirement plans 
                (determined as of the close of the calendar year 
                preceding the calendar year in which the taxable year 
                begins) exceed 200 percent of the applicable dollar 
                amount for the calendar year in which the taxable year 
                begins.
                    ``(B) Applicable roth excess amount.--The 
                applicable Roth excess amount for any taxable year to 
                which this paragraph applies is an amount equal to the 
                lesser of--
                            ``(i) the excess determined under 
                        subparagraph (A), or
                            ``(ii) the aggregate balances to the credit 
                        of the payee (whether as a participant, owner, 
                        or beneficiary) in all Roth IRAs and designated 
                        Roth accounts (within the meaning of section 
                        402A) as of the time described in subparagraph 
                        (A).
            ``(3) Application.--This subsection shall apply to a payee 
        for a taxable year--
                    ``(A) if the aggregate vested balances to the 
                credit of the payee (whether as a participant, owner, 
                or beneficiary) in all applicable retirement plans 
                (determined as of the close of the calendar year 
                preceding the calendar year in which the taxable year 
                begins) exceed the applicable dollar amount for the 
                calendar year in which the taxable year begins, and
                    ``(B) without regard to whether amounts with 
                respect to the payee are otherwise required to be 
                distributed under section 401(a)(9), 403(b)(10), 
                408(a)(6), 408(b)(3), or 457(d)(2).
            ``(4) Coordination and allocation.--
                    ``(A) Minimum distribution requirements.--If this 
                subsection applies to a payee for any taxable year--
                            ``(i) this section shall apply first to 
                        minimum required distributions determined 
                        without regard to this subsection and then to 
                        any increase in minimum required distributions 
                        by reason of this subsection, and
                            ``(ii) nothing in this subsection shall be 
                        construed to affect the amount of any minimum 
                        required distribution determined without regard 
                        to this subsection or the plan or plans from 
                        which it is required to be distributed from.
                    ``(B) Allocation of increase in minimum required 
                distributions.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the taxpayer may, in 
                        such form and manner as the Secretary may 
                        prescribe, allocate any increase in minimum 
                        required distributions by reason of this 
                        subsection to applicable retirement plans 
                        treated as 1 plan under subparagraph (A) in 
                        such manner as the taxpayer chooses.
                            ``(ii) Allocation to roth iras and 
                        accounts.--In the case of a taxable year to 
                        which paragraph (2) applies, the portion of any 
                        increase in minimum required distributions by 
                        reason of this subsection equal to the 
                        applicable Roth excess amount shall be 
                        allocated first to Roth IRAs and then to 
                        designated Roth accounts (within the meaning of 
                        section 402A) of the payee.
                            ``(iii) Special rules for employee stock 
                        ownership plans.--If any payee to which this 
                        subsection applies for any taxable year has 
                        account balances in 1 or more employee stock 
                        ownership plans (as defined in section 
                        4975(e)(7)) any portion of which is invested in 
                        employer securities which are not readily 
                        tradable on an securities market, the increase 
                        in minimum required distributions by reason of 
                        this subsection shall be allocated--
                                    ``(I) first to all account balances 
                                (other than such portions) of the payee 
                                in all applicable retirement plans in 
                                the manner provided by this 
                                subparagraph (without regard to this 
                                clause), and
                                    ``(II) then to such portions in 
                                such manner as the taxpayer chooses.
                        The Secretary shall prescribe regulations which 
                        provide that if any such increase is allocated 
                        to any such portion of an account balance for 
                        the first taxable year of the payee beginning 
                        in 2022, the payee may elect to have such 
                        portion distributed over a period of years not 
                        greater than the period specified by the 
                        Secretary in such regulations (and any 
                        distributions made in accordance with such 
                        election shall be treated for purposes of this 
                        section as made in such first taxable year).
            ``(5) Distributions not eligible for rollovers.--For 
        purposes of determining whether a distribution is an eligible 
        rollover distribution, any distribution from an applicable 
        retirement plan which is attributable to any increase in 
        minimum required distributions by reason of this subsection 
        shall be treated as a distribution required under section 
        401(a)(9), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2), 
        whichever is applicable.
            ``(6) Definitions.--For purposes of this subsection, any 
        term used in this subsection which is also used in section 409B 
        shall have the same meaning as when such term is used in such 
        section.''.
    (b) Special Rules.--
            (1) Distribution rights.--
                    (A) Qualified trusts.--Section 401(a) is amended by 
                inserting after paragraph (38) the following new 
                paragraph:
            ``(39) Immediate distribution right.--A trust forming part 
        of a defined contribution plan shall not constitute a qualified 
        trust under this section unless an employee who certifies to 
        the plan that the employee is a taxpayer who is subject to the 
        distribution requirements of section 4974(e) may elect to 
        receive a distribution from the employee's account balance 
        under the plan in such amount as the employee may elect, 
        including any amounts attributable to a qualified cash or 
        deferred arrangement (as defined in subsection (k)(2)).''.
                    (B) Annuity contracts.--
                            (i) Custodial accounts.--Section 
                        403(b)(7)(A) is amended by adding at the end 
                        the following new flush sentence:
                ``Notwithstanding clause (i), the custodial account 
                shall permit an employee who certifies that the 
                employee is a taxpayer who is subject to the 
                distribution requirements of section 4974(e) to elect 
                to receive a distribution from the employee's custodial 
                account in such amount as the employee may elect.''.
                            (ii) Annuity contracts.--Section 403(b)(11) 
                        is amended by adding at the end the following 
                        new sentence: ``Notwithstanding subparagraphs 
                        (A), (B), (C), and (D), the annuity contract 
                        shall permit an employee who certifies that the 
                        employee is a taxpayer who is subject to the 
                        distribution requirements of section 4974(e) to 
                        elect to receive a distribution of 
                        contributions made pursuant to a salary 
                        reduction agreement (within the meaning of 
                        section 402(g)(3)) from the employee's annuity 
                        contract in such amount as the employee may 
                        elect.''
                    (C) Governmental plans.--Section 457(d)(1) is 
                amended by adding at the end the following new flush 
                sentence:
        ``Notwithstanding subparagraph (A), an eligible deferred 
        compensation plan of an employer described in subsection 
        (e)(1)(A) shall permit an employee who certifies that the 
        employee is a taxpayer who is subject to the distribution 
        requirements of section 4974(e) to elect to receive a 
        distribution from the plan in such amount as the employee may 
        elect.''.
            (2) Exception from 10 percent additional tax on early 
        distributions.--Section 72(t)(2) is amended by adding at the 
        end the following new subparagraph:
                    ``(I) Distributions of excess balances.--
                Distributions from an applicable retirement plan 
                (within the meaning of section 409B)) to the extent 
                such distributions for the taxable year do not exceed 
                the amount required to be distributed from such plan 
                under section 4974(e).''.
            (3) Withholding.--Section 3405(b) is amended by adding at 
        the end the following new paragraph:
            ``(3) Additional withholding for required distributions 
        from high balance retirement accounts.--
                    ``(A) In general.--For purposes of this section, a 
                distribution pursuant to section 401(a)(39), the last 
                sentence of section 403(b)(7)(A), the last sentence of 
                section 403(b)(11), and the last sentence of section 
                457(d)(1) shall be treated as a nonperiodic 
                distribution, except that in applying this subsection 
                to such distribution--
                            ``(i) paragraph (1) shall be applied by 
                        substituting `35 percent' for `10 percent', and
                            ``(ii) no election may be made under 
                        paragraph (2) with respect to such 
                        distribution.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any qualified distribution from a designated Roth 
                account (within the meaning of section 402A).''.
    (c) Effective Dates.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to taxable years beginning after December 31, 2021.
            (2) Plan requirements.--The amendments made by subsection 
        (b) shall apply to plan years beginning after December 31, 
        2021.
    (d) Provisions Relating to Plan Amendments.--
            (1) In general.--If this subsection applies to any plan or 
        contract amendment, such plan or contract shall be treated as 
        being operated in accordance with the terms of the plan during 
        the period described in paragraph (2)(B)(i).
            (2) Amendments to which subsection applies.--
                    (A) In general.--This subsection shall apply to any 
                amendment to any plan or annuity contract which is 
                made--
                            (i) pursuant to any amendment made by this 
                        section or pursuant to any regulation issued by 
                        the Secretary of the Treasury under this 
                        section or such amendments, and
                            (ii) on or before the last day of the first 
                        plan year beginning after December 31, 2022, or 
                        such later date as the Secretary of the 
                        Treasury may prescribe.
                In the case of a governmental or collectively bargained 
                plan to which subparagraph (B) or (C) of subsection 
                (a)(4) applies, clause (ii) shall be applied by 
                substituting the date which is 2 years after the date 
                otherwise applied under such clause.
                    (B) Conditions.--This subsection shall not apply to 
                any amendment unless--
                            (i) during the period--
                                    (I) beginning on the date the 
                                legislative or regulatory amendment 
                                described in paragraph (1)(A) takes 
                                effect (or in the case of a plan or 
                                contract amendment not required by such 
                                legislative or regulatory amendment, 
                                the effective date specified in such 
                                amendment), and
                                    (II) ending on the date described 
                                in subparagraph (A)(ii) (or, if 
                                earlier, the date the plan or contract 
                                amendment is adopted),
                        the plan or contract is operated as if such 
                        plan or contract amendment were in effect; and
                            (ii) such plan or contract amendment 
                        applies retroactively for such period.

  Subpart B--Other Provisions Relating to Individual Retirement Plans

SEC. 138311. TAX TREATMENT OF ROLLOVERS TO ROTH IRAS AND ACCOUNTS.

    (a) Rollovers and Conversions Limited to Taxable Amounts.--
            (1) Roth iras.--
                    (A) In general.--Paragraph (1) of section 408A(e) 
                is amended by adding at the end the following new 
                sentence: ``A qualified rollover contribution shall not 
                include any rollover contribution from any eligible 
                retirement plan described in subparagraph (B) (other 
                than from a designated Roth account (within the meaning 
                of section 402A)) if any portion of the distribution 
                from which such contribution is made would (without 
                regard to such contribution) be treated as not 
                includible in gross income.''
                    (B) Conversions.--Subparagraph (C) of section 
                408A(d)(3) is amended by adding at the end the 
                following new sentence: ``This subparagraph shall not 
                apply if any portion of the plan being converted would 
                be treated as not includible in gross income if 
                distributed at the time of the conversion.''
            (2) Designated roth accounts.--Section 402A(c)(4)(B) is 
        amended by inserting ``, determined after the application of 
        the last sentence of paragraph (1) thereof'' after ``section 
        408A(e)''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to distributions, transfers, and contributions made 
        after December 31, 2021.
    (b) No Rollovers or Conversions for High-income Taxpayers.--
            (1) Roth iras.--
                    (A) Qualified rollover contribution.--Section 
                408A(e), as amended by subsection (a), is amended by 
                adding at the end the following:
            ``(3) High-income taxpayers may only rollover from roth 
        iras and accounts.--If--
                    ``(A) a taxpayer is an applicable taxpayer (as 
                defined in section 409B(b)(4)) for the taxable year in 
                which a distribution is made, and
                    ``(B) such distribution is contributed to a Roth 
                IRA in a rollover contribution,
        such contribution shall be treated as a qualified rollover 
        contribution under paragraph (1) only if it is made from 
        another Roth IRA or from a designated Roth account (within the 
        meaning of section 402A).''.
                    (B) Elimination of conversions.--Paragraph (3) of 
                section 408A(d), as amended by subsection (a), is 
                amended by adding at the end the following:
                    ``(G) Paragraph not to apply to high-income 
                taxpayers.--If a taxpayer is an applicable taxpayer (as 
                defined in section 409B(b)(4)) for any taxable year, 
                this paragraph shall not apply to any distribution to 
                which this paragraph otherwise applies (or to any 
                conversion described in subparagraph (C)) which is made 
                during such taxable year.''.
            (2) Designated roth accounts.--Paragraph (4) of section 
        402A(c) is amended by adding at the end the following:
                    ``(F) Paragraph not to apply to high-income 
                taxpayers.--If a taxpayer is an applicable taxpayer (as 
                defined in section 409B(b)(4)) for any taxable year, 
                this paragraph shall not apply to any distribution to 
                which this paragraph otherwise applies and which is 
                made during such taxable year.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to distributions, transfers, and contributions made 
        in taxable years beginning after December 31, 2031.

SEC. 138312. PROHIBITION OF IRA INVESTMENTS CONDITIONED ON ACCOUNT 
              HOLDER'S STATUS.

    (a) In General.--Subsection (a) of section 408 is amended by adding 
at the end the following new paragraph:
            ``(7) No part of the trust funds will be invested in any 
        security if the issuer of such security (or any other person 
        specified by the Secretary) requires the individual on whose 
        behalf the trust is maintained to make a representation to the 
        issuer or such other person that such individual--
                    ``(A) has a specified minimum amount of income or 
                assets,
                    ``(B) has completed a specified minimum level of 
                education, or
                    ``(C) holds a specific license or credential.''.
    (b) Loss of Exemption of Account.--Paragraph (2) of section 408(e) 
is amended--
            (1) by striking ``'' each place it appears in subparagraph 
        (A) and inserting ``maintained'',
            (2) by redesignating subparagraph (B) as subparagraph (C),
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Prohibited investment.--If, during any 
                taxable year of the individual for whose benefit any 
                individual retirement account is maintained, the 
                investment of any part of the funds of such individual 
                retirement account does not comply with subsection 
                (a)(7), such account ceases to be an individual 
                retirement account as of the first day of such taxable 
                year. Rules similar to the rules of clauses (i) and 
                (ii) of subparagraph (A) shall apply for purposes of 
                this subparagraph.'',
            (4) by striking ``where employee engages in prohibited 
        transaction'' in the heading and inserting ``in case of certain 
        prohibited transactions and investments'',
            (5) by striking ``In general'' in the heading of 
        subparagraph (A) and inserting ``Employee engaging in 
        prohibited transaction'', and
            (6) by striking ``(A)'' in subparagraph (C), as so 
        redesignated, and inserting ``(A) or (B)''.
    (c) Conforming Amendments.--
            (1) Paragraph (1) of section 408(c) is amended by striking 
        ``(1) through (6)'' and inserting ``(1) through (7)''.
            (2) Paragraph (3) of section 4975(c) is amended--
                    (A) striking ``'' and inserting ``maintained'',
                    (B) by striking ``transaction'' both places it 
                appears and inserting ``transaction or investment'', 
                and
                    (C) by striking ``section 408(e)(2)(A)'' and 
                inserting ``subparagraph (A) or (B) of section 
                408(e)(2)''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2021.
            (2) Special rule for existing investments.--If, on the date 
        of the enactment of this Act, an individual retirement account 
        holds an investment prohibited under section 408(a)(7) of the 
        Internal Revenue Code of 1986 (as added by subsection (a)), the 
        amendments made by this section shall apply to such investment 
        for taxable years beginning after December 31, 2023.

SEC. 138313. STATUTE OF LIMITATIONS WITH RESPECT TO IRA NONCOMPLIANCE.

    (a) In General.--Subsection (c) of section 6501 is amended by 
adding at the end the following new paragraph:
            ``(13) Noncompliance relating to an individual retirement 
        plan.--
                    ``(A) Misreporting.--In the case of any substantial 
                error (willful or otherwise) in the reporting on a 
                return of any information relating to the valuation of 
                investment assets with respect to an individual 
                retirement plan, the time for assessment of any tax 
                imposed by this title with respect to such plan shall 
                not expire before the date which is 6 years after the 
                return containing such error was filed (whether or not 
                such return was filed on or after the date prescribed).
                    ``(B) Prohibited transactions.--The time for 
                assessment of any tax imposed by section 4975 shall not 
                expire before the date which is 6 years after the 
                return was filed (whether or not such return was filed 
                on or after the date prescribed).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxes with respect to which the 3-year period under section 6501(a) 
of the Internal Revenue Code of 1986 (without regard to the amendment 
made by this section) ends after December 31, 2021.

SEC. 138314. PROHIBITION OF INVESTMENT OF IRA ASSETS IN ENTITIES IN 
              WHICH THE OWNER HAS A SUBSTANTIAL INTEREST.

    (a) In General.--Subsection (a) of section 408, as amended by the 
preceding provisions of this Act, is amended by adding at the end the 
following new paragraph:
            ``(8) No part of the trust funds will be invested in a 
        corporation, partnership or other unincorporated enterprise, or 
        trust or estate if--
                    ``(A) in the case of an entity with respect to 
                which interests described in clause (i), (ii), or (iii) 
                are not readily tradable on an securities market, 10 
                percent or more of--
                            ``(i) the combined voting power of all 
                        classes of stock entitled to vote or the total 
                        value of shares of all classes of stock of such 
                        corporation,
                            ``(ii) the capital interest or profits 
                        interest of such partnership or enterprise, or
                            ``(iii) the beneficial interest of such 
                        trust or estate,
                is owned (directly or indirectly) or held by the 
                individual on whose behalf the trust is maintained, or
                    ``(B) the individual on whose behalf the trust is 
                maintained is an officer or director (or an individual 
                having powers or responsibilities similar to officers 
                or directors) of such corporation, partnership, or 
                other unincorporated enterprise.
         For purposes of subparagraph (A), the constructive ownership 
        rules of paragraphs (4) and (5) of section 4975(e) shall apply, 
        and any asset or interest held by the trust shall be treated as 
        held by the individual described in such subparagraph.''.
    (b) Loss of Exemption of Account.--Subparagraph (B) of section 
408(e)(2), as added by this Act, is amended by striking ``(a)(7)'' and 
inserting ``(a)(7) or (a)(8)''.
    (c) Conforming Amendment.--Paragraph (1) of section 408(c), as 
amended by the preceding provisions of this Act, is amended by striking 
``(1) through (7)'' and inserting ``(1) through (8)''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to investments made 
        in taxable years beginning after December 31, 2021.
            (2) Special rule for existing investments.--If, on the date 
        of the enactment of this Act, an individual retirement account 
        holds an investment prohibited under section 408(a)(8) of the 
        Internal Revenue Code of 1986 (as added by subsection (a)), the 
        amendments made by this section shall apply to such investment 
        for taxable years beginning after December 31, 2023.

SEC. 138315. IRA OWNERS TREATED AS DISQUALIFIED PERSONS FOR PURPOSES OF 
              PROHIBITED TRANSACTION RULES.

    (a) In General.--Paragraph (2) of section 4975(e) is amended--
            (1) by striking ``or'' at the end of subparagraph (H),
            (2) by striking the period at the end of subparagraph (I) 
        and inserting ``; or'',
            (3) by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) the individual for whose benefit a plan 
                described in subparagraph (B) or (C) of paragraph (1) 
                is maintained.'',
            (4) by striking ``or (E)'' both places it appears in 
        subparagraphs (F) and (G) and inserting ``(E), or (J) (in the 
        case of a plan described in subparagraph (B) or (C) of 
        paragraph (1))'',
            (5) by striking ``or (G)'' in subparagraph (I) and 
        inserting ``(G), or (J) (in the case of a plan described in 
        subparagraph (B) or (C) of paragraph (1))'', and
            (6) by adding at the end the following: ``For purposes of 
        subparagraphs (G) and (I), any asset or interest held by a plan 
        described in subparagraph (B) or (C) of paragraph (1) shall be 
        treated as owned by the individual described in subparagraph 
        (J) with respect to such plan.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 408(e)(2), as amended by 
        the preceding provisions of this Act, is amended to read as 
        follows:
                    ``(A) Employee engaging in prohibited 
                transaction.--If, during any taxable year of the 
                individual for whose benefit any individual retirement 
                account is maintained, that individual engages in any 
                transaction prohibited by section 4975 with respect to 
                such account, such account ceases to be an individual 
                retirement account as of the first day of such taxable 
                year. For purposes of this paragraph, the separate 
                account for the benefit of any individual within an 
                individual retirement account maintained by an employer 
                or association of employees is treated as a separate 
                individual retirement account.''.
            (2) Subparagraph (B) of section 408(e)(2), as added by this 
        Act, is amended by striking the last sentence.
    (c) Effective Date.--The amendments made by this section shall 
apply to transactions occurring after December 31, 2021.

  PART 4--FUNDING THE INTERNAL REVENUE SERVICE AND IMPROVING TAXPAYER 
                               COMPLIANCE

SEC. 138401. FUNDING OF THE INTERNAL REVENUE SERVICE.

    In addition to amounts otherwise available, there are appropriated 
for fiscal year 2022, out of any money in the Treasury not otherwise 
appropriated:
            (1) $78,935,000,000, to remain available until September 
        30, 2031, for necessary expenses for the Internal Revenue 
        Service (IRS) for strengthening tax enforcement activities and 
        increasing voluntary compliance, expanding audits and other 
        enforcement activities, and modernizing information technology 
        to effectively support enforcement activities, except that no 
        use of these funds is intended to increase taxes on any 
        taxpayer with taxable income below $400,000;
            (2) $410,000,000, to remain available until September 30, 
        2031, for necessary expenses for the Treasury Inspector General 
        for Tax Administration to provide oversight of the IRS, 
        including ensuring that taxpayer privacy is protected and that 
        no undue burden is imposed on small businesses from IRS 
        enforcement activities; and
            (3) $157,000,000, to remain available until September 30, 
        2031, for the Tax Court for adjudicating tax disputes.

SEC. 138402. APPLICATION OF BACKUP WITHHOLDING WITH RESPECT TO THIRD 
              PARTY NETWORK TRANSACTIONS.

    (a) In General.--Section 3406(b) is amended by adding at the end 
the following new paragraph:
            ``(8) Other reportable payments include payments in 
        settlement of third party network transactions only where 
        aggregate for calendar year is $600 or more.--Any payment in 
        settlement of a third party network transaction required to be 
        shown on a return required under section 6050W which is made 
        during any calendar year shall be treated as a reportable 
        payment only if--
                    ``(A) the aggregate amount of such payment and all 
                previous such payments made by the third party 
                settlement organization to the participating payee 
                during such calendar year equals or exceeds $600, or
                    ``(B) the third party settlement organization was 
                required under section 6050W to file a return for the 
                preceding calendar year with respect to payments to the 
                participating payee.''.
    (b) Conforming Amendment.--Section 6050W(e) is amended by inserting 
``equal or'' before ``exceed $600''.
    (c) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after December 31, 2021.
    (d) Transitional Rule for 2022.--In the case of payments made 
during calendar year 2022, section 3406(b)(8)(A) of the Internal 
Revenue Code of 1986 (as added by this section) shall be applied by 
inserting ``and the aggregate number of third party network 
transactions settled by the third party settlement organization with 
respect to the participating payee during such calendar year exceeds 
200'' before the comma at the end.

SEC. 138403. LIMITATION ON DEDUCTION FOR QUALIFIED CONSERVATION 
              CONTRIBUTIONS MADE BY PASS-THROUGH ENTITIES, ETC.

    (a) In General.--Section 170(h) is amended by adding at the end the 
following new paragraphs:
            ``(7) Limitation on deduction for qualified conservation 
        contributions made by pass-through entities.--
                    ``(A) In general.--A contribution by a partnership 
                (whether directly or as a distributive share of a 
                contribution of another partnership) shall not be 
                treated as a qualified conservation contribution for 
                purposes of this section if the amount of such 
                contribution exceeds 2.5 times the sum of each 
                partner's relevant basis in such partnership.
                    ``(B) Relevant basis.--For purposes of this 
                paragraph--
                            ``(i) In general.--The term `relevant 
                        basis' means, with respect to any partner, the 
                        portion of such partner's modified basis in the 
                        partnership which is allocable (under rules 
                        similar to the rules of section 755) to the 
                        portion of the real property with respect to 
                        which the contribution described in 
                        subparagraph (A) is made.
                            ``(ii) Modified basis.--The term `modified 
                        basis' means, with respect to any partner, such 
                        partner's adjusted basis in the partnership as 
                        determined--
                                    ``(I) immediately before the 
                                contribution described in subparagraph 
                                (A),
                                    ``(II) without regard to section 
                                752, and
                                    ``(III) by the partnership after 
                                taking into account the adjustments 
                                described in subclauses (I) and (II) 
                                and such other adjustments as the 
                                Secretary may provide.
                    ``(C) Exception for contributions outside 3-year 
                holding period.--Subparagraph (A) shall not apply to 
                any contribution which is made at least 3 years after 
                the latest of--
                            ``(i) the last date on which the 
                        partnership that made such contribution 
                        acquired any portion of the real property with 
                        respect to which such contribution is made,
                            ``(ii) the last date on which any partner 
                        in the partnership that made such contribution 
                        acquired any interest in such partnership, and
                            ``(iii) if the interest in the partnership 
                        that made such contribution is held through one 
                        or more partnerships--
                                    ``(I) the last date on which any 
                                such partnership acquired any interest 
                                in any other such partnership, and
                                    ``(II) the last date on which any 
                                partner in any such partnership 
                                acquired any interest in such 
                                partnership.
                    ``(D) Exception for family partnerships.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply with respect to any contribution made 
                        by any partnership if substantially all of the 
                        partnership interests in such partnership are 
                        held, directly or indirectly, by an individual 
                        and members of the family of such individual.
                            ``(ii) Members of the family.--For purposes 
                        of this subparagraph, the term `members of the 
                        family' means, with respect to any individual--
                                    ``(I) the spouse of such 
                                individual, and
                                    ``(II) any individual who bears a 
                                relationship to such individual which 
                                is described in subparagraphs (A) 
                                through (G) of section 152(d)(2).
                    ``(E) Application to other pass-through entities.--
                Except as may be otherwise provided by the Secretary, 
                the rules of this paragraph shall apply to S 
                corporations and other pass-through entities in the 
                same manner as such rules apply to partnerships.
                    ``(F) Regulations.--The Secretary shall prescribe 
                such regulations or other guidance as may be necessary 
                or appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance--
                            ``(i) to require reporting, including 
                        reporting related to tiered partnerships and 
                        the modified basis of partners, and
                            ``(ii) to prevent the avoidance of the 
                        purposes of this paragraph.
            ``(8) Notice of certain failures.--
                    ``(A) In general.--If a donor is found by the 
                Secretary to have failed to meet the requirement that a 
                qualified conservation contribution shall be granted 
                and protected in perpetuity by reason of defective 
                language in the deed relating to property line 
                adjustments or extinguishment clauses, the donor shall 
                have 90 days from the written notice by the Secretary 
                to correct such failure, unless the Secretary can 
                demonstrate that the donor's failure to meet those 
                requirements was intentional.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any reportable transaction or any contribution that 
                is not treated as a qualified conservation contribution 
                by reason of paragraph (7).''.
    (b) Application of Accuracy-Related Penalties.--
            (1) In general.--Section 6662(b) is amended by inserting 
        after paragraph (9) the following new paragraph:
            ``(10) Any disallowance of a deduction by reason of section 
        170(h)(7).''.
            (2) Treatment as gross valuation misstatement.--Section 
        6662(h)(2) is amended by striking ``and'' at the end of 
        subparagraph (B), by striking the period at the end of 
        subparagraph (C) and inserting ``, and'', and by adding at the 
        end the following new subparagraph:
                    ``(D) any disallowance of a deduction described in 
                subsection (b)(10).''.
            (3) No reasonable cause exception.--Section 6664(c)(2) is 
        amended by inserting ``or to any disallowance of a deduction 
        described in section 6662(b)(10)'' before the period at the 
        end.
            (4) Approval of assessment not required.--Section 
        6751(b)(2)(A) is amended by striking ``subsection (b)(9)'' and 
        inserting ``paragraph (9) or (10) of subsection (b)''.
    (c) Application of Statute of Limitations on Assessment and 
Collection.--
            (1) Extension for certain adjustments made under prior 
        law.--In the case of any disallowance of a deduction by reason 
        of section 170(h)(7) of the Internal Revenue Code of 1986 (as 
        added by this section) or any penalty imposed under section 
        6662 of such Code with respect to such disallowance, section 
        6229(d)(2) of such Code (as in effect before its repeal) shall 
        be applied by substituting ``2 years'' for ``1 year''.
            (2) Extension for listed transactions.--Any contribution 
        described in section 170(h)(7)(A) of the Internal Revenue Code 
        of 1986 (as added by this section) shall be treated for 
        purposes of sections 6501(c)(10) and 6235(c)(6) of such Code as 
        a transaction specifically identified by the Secretary on 
        December 23, 2016, as a tax avoidance transaction for purposes 
        of section 6011 of such Code.
    (d) Application to Certain Transactions Disallowed Under Other 
Provisions of Law.--In the case of any disallowance of a deduction 
under section 170 of the Internal Revenue Code of 1986 with respect to 
a transaction described in Internal Revenue Service Notice 2017-10 with 
respect to a taxable year ending before the date of the enactment of 
this Act, such disallowance shall be treated for purposes of section 
6662(b)(10) of such Code (as added by this section) and subsection 
(c)(1) as being by reason of section 170(h)(7) of such Code (as added 
by this section).
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the amendments made by this section shall apply to 
        contributions made after December 23, 2016, in taxable years 
        ending after such date.
            (2) Notice of certain failures.--So much of the amendment 
        made by subsection (a) as relates to section 170(h)(8) of the 
        Internal Revenue Code of 1986, as added by such subsection, 
        shall apply to--
                    (A) returns filed after the date of the enactment 
                of this Act, and
                    (B) returns filed on or before such date if the 
                period specified in section 6501 for assessment of the 
                taxes with respect to which such return relates has not 
                expired as of such date.
            (3) Certified historic structures.--In the case of 
        contributions the conservation purpose (as defined in section 
        170(h)(4) of the Internal Revenue Code of 1986) of which is the 
        preservation of a certified historic structure (as defined in 
        section 170(h)(4)(C) of such Code), the amendments made by this 
        section shall apply to contributions made in taxable years 
        beginning after December 31, 2018.
            (4) No inference.--No inference is intended as to the 
        appropriate treatment of contributions made in taxable years 
        ending on or before the date specified in paragraph (1) or (3), 
        whichever is applicable, or as to any activity not described in 
        section 170(h)(7) of the Internal Revenue Code of 1986, as 
        added by this section.

SEC. 138404. MODIFICATION OF PROCEDURAL REQUIREMENTS RELATING TO 
              ASSESSMENT OF PENALTIES.

    (a) Repeal of Approval Requirement.--Section 6751, as amended by 
the preceding provision of this Act, is amended by striking subsection 
(b).
    (b) Quarterly Certifications of Compliance With Procedural 
Requirements.--Section 6751, as amended by subsection (a) of this 
section, is amended by inserting after subsection (a) the following new 
subsection:
    ``(b) Quarterly Certifications of Compliance.--Each appropriate 
supervisor of employees of the Internal Revenue Service shall certify 
quarterly by letter to the Commissioner of Internal Revenue whether or 
not the requirements of subsection (a) have been met with respect to 
notices of penalty issued by such employees.''.
    (c) Effective Dates.--
            (1) Repeal of approval requirement.--The amendment made by 
        subsection (a) shall take effect as if included in section 3306 
        of the Internal Revenue Service Restructuring and Reform Act of 
        1998.
            (2) Quarterly certifications of compliance with procedural 
        requirements.--The amendment made by subsection (b) shall apply 
        to notices of penalty issued after the date of the enactment of 
        this Act.

                        PART 5--OTHER PROVISIONS

SEC. 138501. MODIFICATIONS TO LIMITATION ON DEDUCTION OF EXCESSIVE 
              EMPLOYEE REMUNERATION.

    (a) In General.--Section 162(m) is amended by adding at the end the 
following new paragraph:
            ``(7) Special rules related to limitation on deduction of 
        excessive employee remuneration.--
                    ``(A) Aggregation rule.--A rule similar to the rule 
                of paragraph (6)(C)(ii) shall apply for purposes of 
                paragraph (1).
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations or other guidance as may be necessary 
                or appropriate to carry out the purposes of paragraph 
                (1), including regulations or other guidance to prevent 
                the avoidance of such purposes, including through the 
                performance of services other than as an employee or by 
                providing compensation through a pass-through or other 
                entity.''.
    (b) Acceleration of Application to 5 Highest Compensated 
Employees.--Section 162(m)(3)(C) is amended by striking ``December 31, 
2026'' and inserting ``December 31, 2021''.
    (c) Applicable Employee Remuneration.--Section 162(m)(4)(A) is 
amended--
            (1) by inserting ``(including performance-based 
        compensation, commissions, post-termination compensation, and 
        beneficiary payments)'' after ``remuneration for services'', 
        and
            (2) by inserting ``and whether or not such remuneration is 
        paid directly by the publicly held corporation'' after 
        ``whether or not during the taxable year''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138502. EXTENSION OF TAX TO FUND BLACK LUNG DISABILITY TRUST FUND.

    (a) In General.--Section 4121(e)(2)(A) is amended by striking 
``December 31, 2021'' and inserting ``December 31, 2025''.
    (b) Effective Date.--The amendment made by this section shall apply 
to sales after December 31, 2021.

SEC. 138503. PROHIBITED TRANSACTIONS RELATING TO HOLDING DISC OR FSC IN 
              INDIVIDUAL RETIREMENT ACCOUNT.

    (a) In General.--Section 4975(c)(1) is amended by striking ``or'' 
at the end of subparagraph (E), by striking the period at the end of 
subparagraph (F) and inserting ``; or'', and by adding at the end the 
following new subparagraph:
                    ``(G) in the case of a DISC or FSC that receives 
                any commission, or other payment, from an entity any 
                stock or interest in which is owned by the individual 
                for whose benefit an individual retirement account is 
                maintained, holding of an interest in such DISC or FSC 
                by the individual retirement account.''.
    (b) Special Rules of Application.--Section 4975(c) is amended by 
adding at the end the following new paragraph:
            ``(8) Special rules of application for DISC and FSC 
        holdings.--
                    ``(A) Indirect holding of DISC or FSC.--For 
                purposes of paragraph (1)(G), if an individual 
                retirement account holds an interest in an entity that 
                owns (directly or indirectly) an interest in a DISC or 
                FSC, the account shall be treated as holding an 
                interest in such DISC or FSC.
                    ``(B) Constructive ownership.--For purposes of 
                determining ownership of stock (or any other interest) 
                in an entity under paragraph (1)(G) and ownership of an 
                interest in a DISC or FSC under subparagraph (A), the 
                rules prescribed by section 318 for determining 
                ownership shall apply, except that such section shall 
                be applied by substituting `10 percent' for `50 
                percent' each place it appears.
                    ``(C) DISC and FSC.--For purposes of his 
                subsection, the terms `DISC' and `FSC' shall have the 
                respective meanings given such terms by section 
                992(a)(1)) and section 922(a) (as in effect before its 
                repeal by the FSC Repeal and Extraterritorial Income 
                Exclusion Act of 2000).''.
    (c) Application of Tax to Terminated Individual Retirement 
Accounts.--Section 4975(c)(3) is amended by adding at the end the 
following: ``The preceding sentence shall not apply in the case of a 
prohibited transaction described in paragraph (1)(G).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to stock and other interests acquired or held on or after 
December 31, 2021.

SEC. 138504. INCREASE IN TAX ON CERTAIN TOBACCO PRODUCTS AND IMPOSITION 
              OF TAX ON NICOTINE.

    (a) Increasing Tax on Cigarettes.--
            (1) Small cigarettes.--Section 5701(b)(1) is amended by 
        striking ``$50.33'' and inserting ``$100.66''.
            (2) Large cigarettes.--Section 5701(b)(2) is amended by 
        striking ``$105.69'' and inserting ``$211.39''.
    (b) Tax Parity for Small Cigars.--Section 5701(a)(1) is amended by 
striking ``$50.33'' and inserting ``$100.66''.
    (c) Tax Parity for Large Cigars.--Section 5701(a)(2) is amended by 
striking ``52.75 percent'' and all that follows through the period and 
inserting ``$49.56 per pound and a proportionate tax at the like rate 
on all fractional parts of a pound but not less than 10.06 cents per 
cigar.''.
    (d) Tax Parity for Smokeless Tobacco.--
            (1) Section 5701(e) is amended--
                    (A) in paragraph (1), by striking ``$1.51'' and 
                inserting ``$26.84'',
                    (B) in paragraph (2), by striking ``50.33 cents'' 
                and inserting ``$10.70'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3)  Smokeless tobacco sold in discrete single-use 
        units.--On discrete single-use units, $100 per thousand.''.
            (2) Section 5702(m) is amended--
                    (A) in paragraph (1), by striking ``or chewing 
                tobacco'' and inserting ``, chewing tobacco, or 
                discrete single-use unit'',
                    (B) in paragraphs (2) and (3), by inserting ``and 
                that is not a discrete single-use unit'' before the 
                period at the end of each such paragraph, and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) Discrete single-use unit.--The term `discrete single-
        use unit' means any product containing tobacco that--
                    ``(A) is not intended to be smoked, and
                    ``(B) is in the form of a lozenge, tablet, pill, 
                pouch, dissolvable strip, or other discrete single-use 
                or single-dose unit.''.
    (e) Tax Parity for Pipe Tobacco.--Section 5701(f) is amended by 
striking ``$2.8311 cents'' and inserting ``$49.56''.
    (f) Tax Parity for Roll-Your-Own Tobacco.--Section 5701(g) is 
amended by striking ``$24.78'' and inserting ``$49.56''.
    (g) Tax Parity for Roll-Your-Own Tobacco and Certain Processed 
Tobacco.--Section 5702(o) is amended by inserting ``, and includes 
processed tobacco that is removed for delivery or delivered to a person 
other than a person with a permit provided under section 5713, but does 
not include removals of processed tobacco for exportation'' after 
``wrappers thereof''.
    (h) Imposition of Tax on Nicotine for Use in Vaping, etc.--
            (1) In general.--Section 5701 is amended by redesignating 
        subsection (h) as subsection (i) and by inserting after 
        subsection (g) the following new subsection:
    ``(h) Nicotine.--On taxable nicotine, manufactured in or imported 
into the United States, there shall be imposed a tax equal to the 
dollar amount specified in section 5701(b)(1) per 1,810 milligrams of 
nicotine (and a proportionate tax at the like rate on any fractional 
part thereof).''.
            (2) Taxable nicotine.--Section 5702 is amended by adding at 
        the end the following new subsection:
    ``(q) Taxable Nicotine.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the term `taxable nicotine' means any nicotine 
        which has been extracted, concentrated, or synthesized.
            ``(2) Exception for products approved by food and drug 
        administration.--Such term shall not include any nicotine if 
        the manufacturer or importer thereof demonstrates to the 
        satisfaction of the Secretary of Health and Human Services that 
        such nicotine will be used in--
                    ``(A) a drug--
                            ``(i) that is approved under section 505 of 
                        the Federal Food, Drug, and Cosmetic Act or 
                        licensed under section 351 of the Public Health 
                        Service Act; or
                            ``(ii) for which an investigational use 
                        exemption has been authorized under section 
                        505(i) of the Federal Food, Drug, and Cosmetic 
                        Act or under section 351(a) of the Public 
                        Health Service Act; or
                    ``(B) a combination product (as described in 
                section 503(g) of the Federal Food, Drug, and Cosmetic 
                Act), the constituent parts of which were approved or 
                cleared under section 505, 510(k), or 515 of such Act.
            ``(3) Coordination with taxation of other tobacco 
        products.--Tobacco products meeting the definition of cigars, 
        cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own 
        tobacco in this section shall be classified and taxed as such 
        despite any concentration of the nicotine inherent in those 
        products or any addition of nicotine to those products during 
        the manufacturing process.
            ``(4) Regulations.--The Secretary shall prescribe such 
        regulations or other guidance as is necessary or appropriate to 
        carry out the purposes of this subsection, including 
        regulations or other guidance for coordinating the taxation of 
        tobacco products and taxable nicotine to protect revenue and 
        prevent double taxation.''.
            (3) Taxable nicotine treated as a tobacco product.--Section 
        5702(c) is amended by striking ``and roll-your-own tobacco'' 
        and inserting ``roll-your-own tobacco, and taxable nicotine''.
            (4) Manufacturer of taxable nicotine.--Section 5702, as 
        amended by paragraph (2), is amended by adding at the end the 
        following new subsection:
    ``(r) Manufacturer of Taxable Nicotine.--
            ``(1) In general.--Any person who extracts, concentrates, 
        or synthesizes nicotine shall be treated as a manufacturer of 
        taxable nicotine (and as manufacturing such taxable nicotine).
            ``(2) Application of rules related to manufacturers of 
        tobacco products.--Any reference to a manufacturer of tobacco 
        products, or to manufacturing tobacco products, shall be 
        treated as including a reference to a manufacturer of taxable 
        nicotine, or to manufacturing taxable nicotine, 
        respectively.''.
    (j) Repeal of Special Rules for Determining Price of Cigars.--
Section 5702 is amended by striking subsection (l).
    (k) Floor Stocks Taxes.--
            (1) Imposition of tax.--On covered tobacco products, and 
        cigarette papers and tubes, manufactured in or imported into 
        the United States which are removed before the tax increase 
        date and held on such date for sale by any person, there is 
        hereby imposed a tax in an amount equal to the excess of--
                    (A) the tax which would be imposed under section 
                5701 of the Internal Revenue Code of 1986 on the 
                article if the article had been removed on such date, 
                over
                    (B) the prior tax (if any) imposed under section 
                5701 of such Code on such article.
            (2) Covered tobacco products.--For purposes of this 
        subsection, the term ``covered tobacco products'' means any 
        tobacco product other than--
                    (A) cigars described in section 5701(a)(2) of the 
                Internal Revenue Code of 1986,
                    (B) discrete single-use units (as defined in 
                section 5702(m)(4) of such Code, as amended by this 
                section), and
                    (C) taxable nicotine (as defined in section 5702(q) 
                of such Code, as amended by this section).
            (3) Credit against tax.--Each person shall be allowed as a 
        credit against the taxes imposed by paragraph (1) an amount 
        equal to the lesser of $1,000 or the amount of such taxes. For 
        purposes of the preceding sentence, all persons treated as a 
        single employer under subsection (b), (c), (m), or (o) of 
        section 414 of the Internal Revenue Code of 1986 shall be 
        treated as 1 person for purposes of this paragraph.
            (4) Liability for tax and method of payment.--
                    (A) Liability for tax.--The person referred to in 
                paragraph (1) shall be liable for the tax imposed by 
                such paragraph.
                    (B) Method of payment.--The tax imposed by 
                paragraph (1) shall be paid in such manner as the 
                Secretary may provide.
            (5) Articles in foreign trade zones.--
                    (A) In general.--Notwithstanding the Act of June 
                18, 1934 (commonly known as the Foreign Trade Zone Act, 
                48 Stat. 998, 19 U.S.C. 81a et seq.) or any other 
                provision of law, any covered tobacco products, or 
                cigarette papers and tubes, which are located in a 
                foreign trade zone on the tax increase date, shall be 
                subject to the tax imposed by paragraph (1) if--
                            (i) internal revenue taxes have been 
                        determined, or customs duties liquidated, with 
                        respect to such article before such date 
                        pursuant to a request made under the 1st 
                        proviso of section 3(a) of such Act, or
                            (ii) such article is held on such date 
                        under the supervision of an officer of the 
                        United States Customs and Border Protection of 
                        the Department of Homeland Security pursuant to 
                        the 2d proviso of such section 3(a).
            (6) Tax increase date.--For purposes of this subsection, 
        the term ``tax increase date'' means the first day of the first 
        calendar quarter described in subsection (k)(1).
            (7) Certain other definitions.--Terms used in this 
        subsection which are also used in section 5702 of the Internal 
        Revenue Code of 1986 shall have the same meaning as when used 
        in such section.
    (l) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        articles removed in calendar quarters beginning after the date 
        of the enactment of this Act.
            (2) Delayed effective date for certain products.--The 
        amendments made by subsections (c), (d)(1)(C), (d)(2), and (h) 
        shall apply to articles removed in calendar quarters beginning 
        after the date which is 180 days after the date of the 
        enactment of this Act.
    (m) Transition Rule for Permit and Bond Requirements.--A person 
which is lawfully engaged in business as a manufacturer or importer of 
taxable nicotine (within the meaning of subchapter A of chapter 52 of 
the Internal Revenue Code of 1986, as amended by this section) on the 
date of the enactment of this Act, first becomes subject to the 
requirements of subchapter B of chapter 52 of such Code by reason of 
the amendments made by this section, and submits an application under 
such subchapter B to engage in such business not later than 90 days 
after the date of the enactment of this Act, shall not be denied the 
right to carry on such business by reason of such requirements before 
final action on such application.

SEC. 138505. CLARIFICATION OF RULES REGARDING TOBACCO DRAWBACK.

    (a) In General.--Section 5706 is amended by adding at the end the 
following: ``Exemption from tax under section 5704 is drawback, and no 
further drawback shall be allowed based on merchandise that has not 
been subject to tax.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to drawback claims made on or after December 18, 2018.
    (c) No Inference.--Nothing contained in this subsection or the 
amendments made by this subsection shall be construed to create any 
inference with respect to any drawback claim made before December 18, 
2018.

SEC. 138506. TERMINATION OF EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL 
              LEAVE.

    Section 45S(i) is amended by striking ``December 31, 2025'' and 
inserting ``December 31, 2023''.

SEC. 138507. CLARIFICATION OF TREATMENT OF DISC GAINS AND DISTRIBUTIONS 
              OF CERTAIN FOREIGN SHAREHOLDERS.

    (a) In General.--Section 996(g) of the Internal Revenue Code of 
1986 is amended by striking ``of such shareholder'' and inserting 
``deemed to be had by such shareholder''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to gains and distributions after December 31, 2021.
    (c) Application to Foreign Sales Corporations.--In the case of any 
distribution after December 31, 2021, section 926(b)(1) of the Internal 
Revenue Code of 1986 (prior to its repeal by the FSC Repeal and 
Extraterritorial Income Exclusion Act of 2000) shall be applied by 
substituting ``deemed to be had by such shareholder'' for ``of such 
shareholder''.

SEC. 138508. ACCESS TO SELF-EMPLOYMENT INCOME INFORMATION FOR PAID 
              LEAVE ADMINISTRATION.

    Section 6103(l) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph:
            ``(23) Disclosure of certain return information to carry 
        out paid family and medical leave benefit program.--
                    ``(A) In general.--The Secretary shall, upon 
                written request, disclose to officers and employees of 
                the Department of the Treasury return information with 
                respect to a taxpayer whose self-employment income is 
                relevant in determining eligibility for, or the correct 
                amount of, a paid family and medical leave benefit 
                under title XXII of the Social Security Act. Such 
                information shall be limited to--
                            ``(i) the taxpayer identity information 
                        with respect to the taxpayer,
                            ``(ii) the self-employment income of the 
                        taxpayer, and
                            ``(iii) the taxable year to which such 
                        self-employment income relates.
                    ``(B) Restriction on disclosure.--Return 
                information disclosed under subparagraph (A) may be 
                used by officers and employees of the Department of the 
                Treasury solely for the purpose of administering the 
                paid family and medical leave benefit program under 
                title XXII of the Social Security Act.
                    ``(C) Self-employment income.--For purposes of this 
                paragraph, the term `self-employment income' has the 
                meaning given such term in section 1402(b) for purposes 
                of the taxes imposed by section 1401(b).''.

SEC. 138509. TEMPORARY RULE TO ALLOW CERTAIN S CORPORATIONS TO 
              REORGANIZE AS PARTNERSHIPS WITHOUT TAX.

    (a) In General.--A qualified liquidation of an eligible S 
corporation shall be treated for purposes of the Internal Revenue Code 
of 1986 in the same manner as if--
            (1) such liquidation were a complete liquidation described 
        in section 332(b) of such Code, and
            (2) the domestic partnership referred to in subsection 
        (c)(2) were a corporation which is an 80-percent distributee 
        (within the meaning of section 337(c) of such Code).
    (b) Eligible S Corporation.--For purposes of this section, the term 
``eligible S corporation'' means any corporation (including any 
predecessor corporation) that was an S corporation on May 13, 1996, and 
at all times thereafter through the date on which the qualified 
liquidation is completed.
    (c) Qualified Liquidation.--For purposes of this section, the term 
``qualified liquidation'' means one or more transactions occurring 
during the 2-year period beginning on December 31, 2021 if--
            (1) such transactions constitute the complete liquidation 
        of an eligible S corporation, and
            (2) substantially all of the assets and liabilities of such 
        eligible S corporation are, as a result of such transactions, 
        transferred to a domestic partnership.
    (d) Election.--This section shall apply to any qualified 
liquidation only if the eligible S corporation elects the application 
of this section in such manner as the Secretary may require and not 
later than the due date for filing the return of tax under chapter 1 of 
such Code for the taxable year in which such liquidation is completed.
    (e) Application of Restriction on Subsection S Corporation 
Elections.--In the case of any qualified liquidation to which this 
section applies, the domestic partnership referred to in subsection 
(c)(2) shall not fail to be treated as a successor corporation of the 
eligible S corporation for purposes of section 1362(g) of such Code.
    (f) Other Definitions.--Terms used in this section which are also 
used in the Internal Revenue Code of 1986 shall have the same meaning 
as when used in such Code.
    (g) Regulations.--The Secretary shall prescribe such regulations or 
other guidance as may be necessary or appropriate to carry out this 
section.

SEC. 138510. TREATMENT OF CERTAIN QUALIFIED SOUND RECORDING 
              PRODUCTIONS.

    (a) Election To Treat Costs as Expenses.--Section 181(a)(1) is 
amended by striking ``qualified film or television production, and any 
qualified live theatrical production,'' and inserting ``qualified film 
or television production, any qualified live theatrical production, and 
any qualified sound recording production''.
    (b) Dollar Limitation.--Section 181(a)(2) is amended by adding at 
the end the following new subparagraph:
                    ``(C) Qualified sound recording production.--
                Paragraph (1) shall not apply to so much of the 
                aggregate cost of any qualified sound recording 
                production, or to so much of the aggregate, cumulative 
                cost of all such qualified sound recording productions 
                in the taxable year, as exceeds $150,000.''.
    (c) No Other Deduction or Amortization Deduction Allowable.--
Section 181(b) is amended by striking ``qualified film or television 
production or any qualified live theatrical production'' and inserting 
``qualified film or television production, any qualified live 
theatrical production, or any qualified sound recording production''.
    (d) Election.--Section 181(c)(1) is amended by striking ``qualified 
film or television production or any qualified live theatrical 
production'' and inserting ``qualified film or television production, 
any qualified live theatrical production, or any qualified sound 
recording production''.
    (e) Qualified Sound Recording Production Defined.--Section 181 is 
amended by redesignating subsections (f) and (g) as subsections (g) and 
(h), respectively, and by inserting after subsection (e) the following 
new subsection:
    ``(f) Qualified Sound Recording Production.--For purposes of this 
section, the term `qualified sound recording production' means a sound 
recording (as defined in section 101 of title 17, United States Code) 
produced and recorded in the United States.''.
    (f) Termination.--Section 181(h) (as redesignated by subsection 
(e)) is amended by striking ``qualified film or television production 
or any qualified live theatrical production'' and inserting ``qualified 
film or television production, any qualified live theatrical 
production, or any qualified sound recording production''.
    (g) Bonus Depreciation.--
            (1) Qualified sound recording production as qualified 
        property.--Section 168(k)(2)(A)(i) is amended--
                    (A) by striking ``or'' at the end of subclause 
                (IV), by adding ``or'' at the end of subclause (V), and 
                by inserting after subclause (V) the following:
                                    ``(VI) which is a qualified sound 
                                recording production (as defined in 
                                subsection (f) of section 181) for 
                                which a deduction would have been 
                                allowable under section 181 without 
                                regard to subsections (a)(2) and (h) of 
                                such section or this subsection,'', and
                    (B) in subclauses (IV) and (V) (as amended) by 
                striking ``without regard to subsections (a)(2) and 
                (g)'' both places it appears and inserting ``without 
                regard to subsections (a)(2) and (h)''.
            (2) Production placed in service.--Section 168(k)(2)(H) is 
        amended by striking ``and'' at the end of clause (i), by 
        striking the period at the end of clause (ii) and inserting ``, 
        and'', and by adding after clause (ii) the following:
                            ``(iii) a qualified sound recording 
                        production shall be considered to be placed in 
                        service at the time of initial release or 
                        broadcast.''.
    (h) Conforming Amendments.--
            (1) The heading for section 181 is amended to read as 
        follows: ``treatment of certain qualified productions.''.
            (2) The table of sections for part VI of subchapter B of 
        chapter 1 is amended by striking the item relating to section 
        181 and inserting the following new item:

``Sec. 181. Treatment of certain qualified productions.''.
    (i) Effective Date.--The amendments made by this section shall 
apply to productions commencing in taxable years ending after the date 
of the enactment of this Act.

SEC. 138511. PAYMENT TO CERTAIN INDIVIDUALS WHO DYE FUEL.

    (a) In General.--Subchapter B of chapter 65 is amended by adding at 
the end the following new subsection:

``SEC. 6433. DYED FUEL.

    ``(a) In General.--If a person establishes to the satisfaction of 
the Secretary that such person meets the requirements of subsection (b) 
with respect to diesel fuel or kerosene, then the Secretary shall pay 
to such person an amount (without interest) equal to the tax described 
in subsection (b)(2)(A) with respect to such diesel fuel or kerosene.
    ``(b) Requirements.--
            ``(1) In general.--A person meets the requirements of this 
        subsection with respect to diesel fuel or kerosene if such 
        person removes from a terminal eligible indelibly dyed diesel 
        fuel or kerosene.
            ``(2) Eligible indelibly dyed diesel fuel or kerosene 
        defined.--The term `eligible indelibly dyed diesel fuel or 
        kerosene' means diesel fuel or kerosene--
                    ``(A) with respect to which a tax under section 
                4081 was previously paid (and not credited or 
                refunded), and
                    ``(B) which is exempt from taxation under section 
                4082(a).
    ``(c) Cross Reference.--For civil penalty for excessive claims 
under this section, see section 6675.''.
    (b) Conforming Amendments.--
            (1) Section 6206 is amended--
                    (A) by striking ``or 6427'' each place it appears 
                and inserting ``6427, or 6433'', and
                    (B) by striking ``6420 and 6421'' and inserting 
                ``6420, 6421, and 6433''.
            (2) Section 6430 is amended--
                    (A) by striking ``or'' at the end of paragraph (2), 
                by striking the period at the end of paragraph (3) and 
                inserting ``or'', and by adding at the end the 
                following new paragraph:
            ``(4) which are removed as eligible indelibly dyed diesel 
        fuel or kerosene under section 6433.''.
            (3) Section 6675 is amended--
                    (A) in subsection (a), by striking ``or 6427 
                (relating to fuels not used for taxable purposes)'' and 
                inserting ``6427 (relating to fuels not used for 
                taxable purposes), or 6433 (relating to eligible 
                indelibly dyed fuel)'', and
                    (B) in subsection (b)(1), by striking ``6421, or 
                6427,'' and inserting ``6421, 6427, or 6433''.
            (4) The table of sections for subchapter B of chapter 65 is 
        amended by adding at the end the following new item:

``Sec. 6433. Dyed fuel.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to eligible indelibly dyed diesel fuel or kerosene removed on or 
after the date that is 180 days after the date of the enactment of this 
section.

SEC. 138512. EXTENSION OF CREDIT FOR PORTION OF EMPLOYER SOCIAL 
              SECURITY TAXES PAID WITH RESPECT TO EMPLOYEE TIPS TO 
              BEAUTY SERVICE ESTABLISHMENTS.

    (a) Extension of Tip Credit to Beauty Service Business.--
            (1) In general.--Section 45B(b)(2) is amended to read as 
        follows:
            ``(2) Application only to certain lines of business.--In 
        applying paragraph (1), there shall be taken into account only 
        tips received from customers or clients in connection with the 
        following services:
                    ``(A) The providing, delivering, or serving of food 
                or beverages for consumption, if the tipping of 
                employees delivering or serving food or beverages by 
                customers is customary.
                    ``(B) The providing of beauty services to a 
                customer or client if the tipping of employees 
                providing such services is customary.''.
            (2) Beauty service defined.--Section 45B is amended by 
        adding at the end the following new subsection:
    ``(e) Beauty Service.--For purposes of this section, the term 
`beauty service' means any of the following:
            ``(1) Barbering and hair care.
            ``(2) Nail care.
            ``(3) Esthetics.
            ``(4) Body and spa treatments.''.
    (b) Credit Determined With Respect to Minimum Wage in Effect.--
Section 45B(b)(1)(B) is amended--
            (1) by striking ``as in effect on January 1, 2007, and'', 
        and
            (2) by inserting ``, and in the case of food or beverage 
        establishments, as in effect on January 1, 2007'' after 
        ``without regard to section 3(m) of such Act''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138513. ENHANCEMENT OF WORK OPPORTUNITY CREDIT DURING COVID-19 
              RECOVERY PERIOD.

    (a) In General.--Section 51 is amended by adding at the end the 
following new subsection:
    ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the 
case of individuals (other than any individual who is a qualified 
summer youth employee) hired after the date of the enactment of this 
subsection and before January 1, 2023--
            ``(1) Increased amount of credit.--Subsection (a) shall be 
        applied by substituting `50 percent' for `40 percent'.
            ``(2) Availability of credit in second year of 
        employment.--
                    ``(A) In general.--Subsection (a) shall be applied 
                by inserting `or qualified second-year wages' after 
                `wages'.
                    ``(B) Qualified second-year wages.--For the 
                purposes of this paragraph, the term `qualified second-
                year wages' means qualified wages which are 
                attributable to service rendered during the 1-year 
                period beginning on the day after the last day of the 
                1-year period with respect to the recipient determined 
                under subsection (b)(2).
            ``(3) Increase in limitation on wages taken into account.--
        Subsection (b)(3) shall be applied by substituting `$10,000' 
        for `$6,000'.
            ``(4) Eligibility of rehires.--
                    ``(A) In general.--Subsection (i)(2) shall not 
                apply.
                    ``(B) Regulations.--The Secretary shall issue such 
                regulations as the Secretary determines appropriate to 
                ensure a reasonable application of subparagraph (A), 
                including prohibiting attempts to claim the benefit of 
                this section through the termination and rehiring of an 
                employee.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years ending after the date of enactment of this Act.

SEC. 138514. ALLOWANCE OF DEDUCTION FOR CERTAIN EXPENSES OF THE TRADE 
              OR BUSINESS OF BEING AN EMPLOYEE.

    (a) Above-the-Line Deduction for Union Dues.--Section 62(a)(2) is 
amended by adding at the end the following new subparagraph:
            ``(F) Union dues.--The deductions allowed by section 162 
        which are both--
                    ``(A) not in excess of $250, and
                    ``(B) attributable to a trade or business 
                consisting of the performance of services by the 
                taxpayer as an employee if such deductions are for dues 
                paid to a labor organization described in section 
                501(c)(5) and with respect to which such taxpayer 
                remained a member through the end of the taxable 
                year.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138515. COVER OVER OF CERTAIN DISTILLED SPIRITS TAXES.

    (a) Repeal of Limitation on Cover Over of Distilled Spirits Taxes 
to Puerto Rico and Virgin Islands.--
            (1) In general.--Section 7652 is amended by striking 
        subsection (f) and by redesignating subsections (g) and (h) as 
        subsections (f) and (g), respectively.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to distilled spirits brought into the United States 
        after December 31, 2021.
    (b) Required Transfer to Puerto Rico Conservation Trust Fund of 
Portion of Puerto Rico Rum Cover Over.--
            (1) In general.--Section 7652(a) is amended by adding at 
        the end the following new paragraph:
            ``(4) Required transfer to puerto rico conservation trust 
        fund of portion of rum taxes covered over.--
                    ``(A) In general.--From any taxes collected on rum 
                transported to the United States that are covered into 
                the treasury of Puerto Rico under paragraph (3) at a 
                rate equal to or greater than $10.50 per proof gallon, 
                Puerto Rico shall transfer to the Puerto Rico 
                Conservation Trust Fund an amount per proof gallon 
                equal to or greater than \1/6\ of the difference 
                between $10.50 and the rate, not to exceed $13.25, at 
                which such taxes are covered into such treasury. Puerto 
                Rico's obligations under this paragraph shall not 
                modify or impair payment priorities established under 
                Puerto Rico law and in effect on May 21, 2021.
                    ``(B) Puerto rico conservation trust fund.--For 
                purposes of this section, the term `Puerto Rico 
                Conservation Trust Fund' means the fund established 
                pursuant to a Memorandum of Understanding between the 
                United States Department of the Interior and the 
                Commonwealth of Puerto Rico, dated December 24, 
                1968.''.
            (2) Cover over determined without regard to certain rate 
        reductions.--Section 7652(h), as amended by subsections (a) and 
        (c), is amended by inserting ``(a)(4),'' after ``(a)(3),''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to distilled spirits brought into the United States 
        after December 31, 2021.
    (c) Cover Over Determined Without Regard to Certain Rate 
Reductions.--
            (1) In general.--Section 7652, as amended by subsection 
        (a), is amended by inserting after subsection (g) the following 
        new subsection:
    ``(h) Cover Over Determined Without Regard to Certain Rate 
Reductions.--For purposes of subsections (a)(3), (b)(3), and (e)(1), 
refunds under section 5001(c)(4) shall not be taken into account as a 
refund, and the amount of taxes imposed and collected under section 
5001(a)(1) shall be determined without regard to section 5001(c).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in section 13807 of Public Law 
        116-260.
            (3) Conforming amendments.--
                    (A) 7652(e).--
                            (i) In general.--Section 7652(e) is amended 
                        by striking paragraph (5).
                            (ii) Effective date.--The amendment made by 
                        this subparagraph shall take effect as if 
                        included in section 13807 of Public Law 115-97.
                    (B) 7652(i).--
                            (i) In general.--Section 7652 is amended by 
                        striking subsection (i).
                            (ii) Effective date.--The amendment made by 
                        this subparagraph shall take effect as if 
                        included in section 107 of Public Law 116-260.

SEC. 138516. RESEARCH AND EXPERIMENTAL EXPENDITURES.

    (a) In General.--Section 13206 of Public Law 115-97 is amended--
            (1) in subsection (b)(3), by striking ``2021'' and 
        inserting ``2025'', and
            (2) in subsection (e), by striking ``2021'' and inserting 
        ``2025''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 138517. PAYROLL CREDIT FOR COMPENSATION OF LOCAL NEWS JOURNALISTS.

    (a) In General.--In the case of an eligible local newspaper 
publisher, there shall be allowed as a credit against applicable 
employment taxes for each calendar quarter an amount equal to the 
applicable percentage of wages paid by such publisher to local news 
journalists for such calendar quarter.
    (b) Limitations and Refundability.--
            (1) Wages taken into account.--The amount of wages paid 
        with respect to any individual which may be taken into account 
        under subsection (a) during any calendar quarter by the 
        eligible local newspaper publisher shall not exceed $12,500.
            (2) Credit limited to employment taxes.--The credit allowed 
        by subsection (a) with respect to any calendar quarter shall 
        not exceed the applicable employment taxes (reduced by any 
        credits allowed under sections 3131, 3132, 3134, and 6432 of 
        the Internal Revenue Code of 1986) on the wages paid with 
        respect to the employment of all the employees of the eligible 
        local newspaper publisher for such calendar quarter.
            (3) Refundability of excess credit.--
                    (A) In general.--If the amount of the credit under 
                subsection (a) exceeds the limitation of paragraph (2) 
                for any calendar quarter, such excess shall be treated 
                as an overpayment that shall be refunded under sections 
                6402(a) and 6413(b) of the Internal Revenue Code of 
                1986.
                    (B) Treatment of payments.--For purposes of section 
                1324 of title 31, United States Code, any amounts due 
                to the employer under this paragraph shall be treated 
                in the same manner as a refund due from a credit 
                provision referred to in subsection (b)(2) of such 
                section.
    (c) Definitions.--For purposes of this section--
            (1) Applicable percentage.--The term ``applicable 
        percentage'' means--
                    (A) in the case of each of the first 4 calendar 
                quarters to which this section applies, 50 percent, and
                    (B) in the case of each calendar quarter 
                thereafter, 30 percent.
            (2) Applicable employment taxes.--The term ``applicable 
        employment taxes'' means the taxes imposed under section 
        3111(b) of the Internal Revenue Code of 1986.
            (3) Eligible local newspaper publisher.--The term 
        ``eligible local newspaper publisher'' means, with respect to 
        any calendar quarter, any employer if substantially all of the 
        gross receipts of such employer for such calendar quarter are 
        derived in the trade or business of publishing a local 
        newspaper.
            (4) Local newspaper.--The term ``local newspaper'' means 
        any print or digital publication if--
                    (A) the primary content of such publication is 
                original content derived from primary sources and 
                relating to news and current events,
                    (B) such publication primarily serves the needs of 
                a regional or local community,
                    (C) the publisher of such publication employs at 
                least one local news journalist who resides in such 
                regional or local community, and
                    (D) the publisher of such publication employs no 
                more than 750 employees during the calendar quarter 
                with respect to which a credit is allowed under this 
                section.
            (5) Local news journalist.--The term ``local news 
        journalist'' means, with respect to any eligible local 
        newspaper publisher for any calendar quarter, an individual who 
        provides at least 100 hours of service during such calendar 
        quarter to such eligible local newspaper publisher, during 
        which time such individual regularly gathers, collects, 
        photographs, records, writes, or reports news or information 
        that concerns local events or other matters of local public 
        interest.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
            (7) Wages.--The term ``wages'' means wages (as defined in 
        section 3121(a) of the Internal Revenue Code of 1986).
            (8) Other terms.--Any term used in this section which is 
        also used in chapter 21 or chapter 22 of the Internal Revenue 
        Code of 1986 shall have the same meaning as when used in such 
        chapter.
    (d) Aggregation Rule.--
            (1) In general.--All persons treated as a single employer 
        under subsection (a) or (b) of section 52 of the Internal 
        Revenue Code of 1986, or subsection (m) or (o) of section 414 
        of such Code, shall be treated as one employer for purposes of 
        this section.
            (2) Exception.--Paragraph (1) shall not apply unless such 
        persons are involved in the production of the same print or 
        digital publication.
    (e) Certain Rules To Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1) and 280C(a) of the Internal 
Revenue Code of 1986 shall apply.
    (f) Certain Governmental Employers.--This credit shall not apply to 
the Government of the United States, the government of any State or 
political subdivision thereof, or any agency or instrumentality of any 
of the foregoing.
    (g) Election To Have Section Not Apply.--This section shall not 
apply with respect to any eligible local newspaper publisher for any 
calendar quarter if such person elects (at such time and in such manner 
as the Secretary may prescribe) not to have this section apply.
    (h) Special Rules.--
            (1) Employee not taken into account more than once.--An 
        employee shall not be included for purposes of this section for 
        any period with respect to any employer if such employer is 
        allowed a credit under section 51 of the Internal Revenue Code 
        of 1986 with respect to such employee for such period.
            (2) Denial of double benefit.--Any wages taken into account 
        in determining the credit allowed under this section shall not 
        be taken into account for purposes of determining the credits 
        allowed under section 41, 45A, 45P, 45S, 51, 1396, 3131, 3132, 
        3134, and 6432 of such Code.
            (3) Third-party payors.--Any credit allowed under this 
        section shall be treated as a credit described in section 
        3511(d)(2) of such Code.
    (i) Treatment of Deposits.--The Secretary shall waive any penalty 
under section 6656 of the Internal Revenue Code of 1986 for any failure 
to make a deposit of any applicable employment taxes if the Secretary 
determines that such failure was due to the reasonable anticipation of 
the credit allowed under this section.
    (j) Regulations and Guidance.--The Secretary shall issue such 
forms, instructions, regulations, and guidance as are necessary to 
implement the purposes of this section, including with respect to the 
application of the credit under subsection (a) to third-party payors 
(including professional employer organizations, certified professional 
employer organizations, or agents under section 3504 of the Internal 
Revenue Code of 1986), including regulations or guidance allowing such 
payors to submit documentation necessary to substantiate the eligible 
employer status of employers that use such payors.
    (k) Application.--This section shall only apply to calendar 
quarters during the first 5 calendar years beginning after the date of 
the enactment of this Act.

SEC. 138518. TREATMENT OF FINANCIAL GUARANTY INSURANCE COMPANIES AS 
              QUALIFYING INSURANCE CORPORATIONS UNDER PASSIVE FOREIGN 
              INVESTMENT COMPANY RULES.

    (a) In General.--Section 1297(f)(3) is amended by adding at the end 
the following new subparagraph:
                    ``(C) Special rules for financial guaranty 
                insurance companies.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (A)(ii) and (B), the applicable 
                        insurance liabilities of a financial guaranty 
                        insurance company shall include its unearned 
                        premium reserves if--
                                    ``(I) such company is prohibited 
                                under generally accepted accounting 
                                principles from reporting on its 
                                applicable financial statements 
                                reserves for losses and loss adjustment 
                                expenses with respect to a financial 
                                guaranty insurance or reinsurance 
                                contract except to the extent that 
                                losses and loss adjustment expenses are 
                                expected to exceed the unearned premium 
                                reserves on the contract,
                                    ``(II) the applicable financial 
                                statement of such company reports 
                                financial guaranty exposure of at least 
                                15-to-1 or State or local bond exposure 
                                of at least 9-to-1 (8-to-1 in the case 
                                of a taxable year of such company which 
                                ends on or before December 31, 2018), 
                                and
                                    ``(III) such company includes in 
                                its insurance liabilities only its 
                                unearned premium reserves relating to 
                                insurance written or assumed that is 
                                within the single risk limits set forth 
                                in subsection (D) of section 4 of the 
                                Financial Guaranty Insurance Guideline 
                                (modified by using total shareholder's 
                                equity as reported on the applicable 
                                financial statement of the company 
                                rather than aggregate of the surplus to 
                                policyholders and contingency 
                                reserves).
                            ``(ii) Application of alternative facts and 
                        circumstances test.--A financial guaranty 
                        insurance company shall be treated as 
                        satisfying the requirements of paragraph 
                        (2)(B).
                            ``(iii) Financial guaranty insurance 
                        company.--For purposes of this subparagraph, 
                        the term `financial guaranty insurance company' 
                        means any insurance company the sole business 
                        of which is writing or reinsuring financial 
                        guaranty insurance (as defined in subsection 
                        (A) of section 1 of the Financial Guaranty 
                        Insurance Guideline) which is permitted under 
                        subsection (B) of section 4 of such Guideline.
                            ``(iv) Financial guaranty exposure.--For 
                        purposes of this subparagraph, the term 
                        `financial guaranty exposure' means the ratio 
                        of--
                                    ``(I) the net debt service 
                                outstanding insured or reinsured by the 
                                company that is within the single risk 
                                limits set forth in the Financial 
                                Guaranty Insurance Guideline (as 
                                reported on such company's applicable 
                                financial statement), to
                                    ``(II) the company's total assets 
                                (as so reported).
                            ``(v) State or local bond exposure.--For 
                        purposes of this subparagraph, the term `State 
                        or local bond exposure' means the ratio of--
                                    ``(I) the net unpaid principal of 
                                State or local bonds (as defined in 
                                section 103(c)(1)) insured or reinsured 
                                by the company that is within the 
                                single risk limits set forth in the 
                                Financial Guaranty Insurance Guideline 
                                (as reported on such company's 
                                applicable financial statement), to
                                    ``(II) the company's total assets 
                                (as so reported).''
                            ``(vi) Financial guaranty insurance 
                        guideline.--For purposes of this subparagraph--
                                    ``(I) In general.--The term 
                                `Financial Guaranty Insurance 
                                Guideline' means the October 2008 model 
                                regulation that was adopted by the 
                                National Association of Insurance 
                                Commissioners on December 4, 2007.
                                    ``(II) Determinations made by 
                                secretary.--The determination of 
                                whether any provision of the Financial 
                                Guaranty Insurance Guideline has been 
                                satisfied shall be made by the 
                                Secretary.''.
    (b) Reporting of Certain Items.--Section 1297(f)(4) is amended by 
adding at the end the following new subparagraph:
                    ``(C) Clarification that certain items on 
                applicable financial statement be separately reported 
                with respect to corporation.--An amount described in 
                paragraph (1)(B) or clause (i)(II), (i)(III), (iv)(I), 
                (iv)(II), (v)(I), or (v)(II) of paragraph (3)(C) shall 
                be treated as reported on an applicable financial 
                statement for purposes of this section if--
                            ``(i) such amount is separately reported on 
                        such statement with respect to the corporation 
                        referred to in paragraph (1), or
                            ``(ii) such amount is separately determined 
                        for purposes of calculating an amount which is 
                        reported on such statement.
                    ``(D) Authority of secretary to require 
                reporting.--
                            ``(i) In general.--Each United States 
                        person who owns an interest in a specified non-
                        publicly traded foreign corporation and who 
                        takes the position that such corporation is not 
                        a passive foreign investment company shall 
                        report to the Secretary such information with 
                        respect to such corporation as the Secretary 
                        may require.
                            ``(ii) Specified non-publicly traded 
                        foreign corporation.--For purposes of this 
                        subparagraph, the term `specified non-publicly 
                        traded foreign corporation' means any foreign 
                        corporation--
                                    ``(I) which would be a passive 
                                foreign investment company if 
                                subsection (b)(2)(B) did not apply, and
                                    ``(II) no interest in which is 
                                traded on an established securities 
                                market.''.
    (c) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in section 14501 of Public Law 115-97.
            (2) Reporting.--The amendment made by subsection (b) shall 
        apply to reports made after the date of the enactment of this 
        Act.

SEC. 138519. CREDIT FOR QUALIFIED ACCESS TECHNOLOGY FOR THE BLIND.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
is amended by inserting after section 36G the following new section:

``SEC. 36H. CREDIT FOR QUALIFIED ACCESS TECHNOLOGY FOR THE BLIND.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this subtitle an amount equal to amounts 
paid or incurred during the taxable year, not compensated for by 
insurance or otherwise, by the taxpayer for qualified access technology 
for use by a qualified blind individual who is the taxpayer, the 
taxpayer's spouse, or any dependent (as defined in section 152) of the 
taxpayer.
    ``(b) Limitation.--The aggregate amount of the credit allowed under 
subsection (a) with respect to any qualified blind individual shall not 
exceed $2,000 in any 3-consecutive-taxable-year period.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified blind individual.--The term `qualified 
        blind individual' means an individual who is blind within the 
        meaning of section 63(f)(4).
            ``(2) Qualified access technology defined.--The term 
        `qualified access technology' means hardware, software, or 
        other information technology the primary function of which is 
        to convert or adapt information which is visually represented 
        into forms or formats useable by blind individuals.
    ``(d) Denial of Double Benefit.--No credit shall be allowed under 
subsection (a) for any expense for which a deduction or credit is 
allowed under any other provision of this chapter.
    ``(e) Inflation Adjustment.--
            ``(1) In general.--In the case of a taxable year beginning 
        after 2022, the $2,000 amount in subsection (b) shall be 
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2021' for `calendar year 2016' in 
                subparagraph (A)(ii) thereof.
            ``(2) Rounding.--If the amount as adjusted under 
        subparagraph (A) is not a multiple of $100, such amount shall 
        be rounded to the next lowest multiple of $100.
    ``(f) Termination.--This section shall not apply with respect to 
amounts paid or incurred in taxable years beginning after December 31, 
2026.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A), as amended by the preceding 
        provisions of this Act, is amended by inserting ``, 36H'' after 
        ``36G''.
            (2) Section 1324(b)(2) of title 31, United States Code, is 
        amended by inserting ``, 36H'' after ``, 36G''.
            (3) The table of sections for subpart C of part IV of 
        subchapter A is amended by inserting after the item relating to 
        section 36G the following new item:

``Sec. 36H. Credit for qualified access technology for the blind.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2021.

SEC. 138520. MODIFICATION OF REIT CONSTRUCTIVE OWNERSHIP RULES.

    (a) In General.--Section 856(d)(5) is amended by striking ``and'' 
at the end of subparagraph (A), by striking the period at the end of 
subparagraph (B) and inserting ``, and'', and by adding at the end the 
following:
                    ``(C) except as otherwise provided by the 
                Secretary, stock, assets, and net profits 
                constructively owned by a partnership, estate, trust, 
                or corporation by reason of the application of section 
                318(a)(3) (after application of subparagraphs (A) and 
                (B)) shall not be considered as owned by it for 
                purposes of again applying such section in order to 
                make another person the constructive owner of such 
                stock, assets, or net profits.
        Subparagraph (C) shall not prevent any person from being the 
        constructive owner of stock, assets, or net profits of any 
        person as the result of any other application of section 318(a) 
        (as modified by this paragraph).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.
    (c) No Inference.--Nothing in this section or the amendments made 
by this section shall be construed to create any inference with respect 
to the proper application of section 318 of the Internal Revenue Code 
of 1986 to cases other than cases to which such amendments apply.

                        Subtitle J--Drug Pricing

      PART 1--LOWERING PRICES THROUGH FAIR DRUG PRICE NEGOTIATION

SEC. 139001. PROVIDING FOR LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE 
              SOURCE DRUGS.

    (a) Program To Lower Prices for Certain High-Priced Single Source 
Drugs.--Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is 
amended by adding at the end the following new part:

 ``PART E--FAIR PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN 
                    HIGH-PRICED SINGLE SOURCE DRUGS

``SEC. 1191. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Secretary shall establish a Fair Price 
Negotiation Program (in this part referred to as the `program'). Under 
the program, with respect to each price applicability period, the 
Secretary shall--
            ``(1) publish a list of selected drugs in accordance with 
        section 1192;
            ``(2) enter into agreements with manufacturers of selected 
        drugs with respect to such period, in accordance with section 
        1193;
            ``(3) negotiate and, if applicable, renegotiate maximum 
        fair prices for such selected drugs, in accordance with section 
        1194; and
            ``(4) carry out the administrative duties described in 
        section 1196.
    ``(b) Definitions Relating to Timing.--For purposes of this part:
            ``(1) Initial price applicability year.--The term `initial 
        price applicability year' means a plan year (beginning with 
        plan year 2025) or, if agreed to in an agreement under section 
        1193 by the Secretary and manufacturer involved, a period of 
        more than one plan year (beginning on or after January 1, 
        2025).
            ``(2) Price applicability period.--The term `price 
        applicability period' means, with respect to a drug, the period 
        beginning with the initial price applicability year with 
        respect to which such drug is a selected drug and ending with 
        the last plan year during which the drug is a selected drug.
            ``(3) Selected drug publication date.--The term `selected 
        drug publication date' means, with respect to each initial 
        price applicability year, April 15 of the plan year that begins 
        2 years prior to such year.
            ``(4) Voluntary negotiation period.--The term `voluntary 
        negotiation period' means, with respect to an initial price 
        applicability year with respect to a selected drug, the 
        period--
                    ``(A) beginning on the sooner of--
                            ``(i) the date on which the manufacturer of 
                        the drug and the Secretary enter into an 
                        agreement under section 1193 with respect to 
                        such drug; or
                            ``(ii) June 15 following the selected drug 
                        publication date with respect to such selected 
                        drug; and
                    ``(B) ending on March 31 of the year that begins 
                one year prior to the initial price applicability year.
    ``(c) Other Definitions.--For purposes of this part:
            ``(1) Fair price eligible individual.--The term `fair price 
        eligible individual' means, with respect to a selected drug--
                    ``(A) in the case such drug is furnished or 
                dispensed to the individual at a pharmacy or by a mail 
                order service--
                            ``(i) an individual who is enrolled under a 
                        prescription drug plan under part D of title 
                        XVIII or an MA-PD plan under part C of such 
                        title if coverage is provided under such plan 
                        for such selected drug; and
                            ``(ii) an individual who is enrolled under 
                        a group health plan or health insurance 
                        coverage offered in the group or individual 
                        market (as such terms are defined in section 
                        2791 of the Public Health Service Act) with 
                        respect to which there is in effect an 
                        agreement with the Secretary under section 1197 
                        with respect to such selected drug as so 
                        furnished or dispensed; and
                    ``(B) in the case such drug is furnished or 
                administered to the individual by a hospital, 
                physician, or other provider of services or supplier--
                            ``(i) an individual who is entitled to 
                        benefits under part A of title XVIII or 
                        enrolled under part B of such title if such 
                        selected drug is covered under the respective 
                        part; and
                            ``(ii) an individual who is enrolled under 
                        a group health plan or health insurance 
                        coverage offered in the group or individual 
                        market (as such terms are defined in section 
                        2791 of the Public Health Service Act) with 
                        respect to which there is in effect an 
                        agreement with the Secretary under section 1197 
                        with respect to such selected drug as so 
                        furnished or administered.
            ``(2) Maximum fair price.--The term `maximum fair price' 
        means, with respect to a plan year during a price applicability 
        period and with respect to a selected drug (as defined in 
        section 1192(c)) with respect to such period, the price 
        published pursuant to section 1195 in the Federal Register for 
        such drug and year.
            ``(3) Average international market price defined.--
                    ``(A) In general.--The terms `average international 
                market price' and `AIM price' mean, with respect to a 
                drug, the average price (which shall be the net average 
                price, if practicable, and volume-weighted, if 
                practicable) for a unit (as defined in paragraph (4)) 
                of the drug for sales of such drug (calculated across 
                different dosage forms and strengths of the drug and 
                not based on the specific formulation or package size 
                or package type), as computed (as of the date of 
                publication of such drug as a selected drug under 
                section 1192(a)) in all countries described in clause 
                (ii) of subparagraph (B) that are applicable countries 
                (as described in clause (i) of such subparagraph) with 
                respect to such drug.
                    ``(B) Applicable countries.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), a country described in clause 
                        (ii) is an applicable country described in this 
                        clause with respect to a drug if there is 
                        available an average price for any unit for the 
                        drug for sales of such drug in such country.
                            ``(ii) Countries described.--For purposes 
                        of this paragraph, the following are countries 
                        described in this clause:
                                    ``(I) Australia.
                                    ``(II) Canada.
                                    ``(III) France.
                                    ``(IV) Germany.
                                    ``(V) Japan.
                                    ``(VI) The United Kingdom.
            ``(4) Unit.--The term `unit' means, with respect to a drug, 
        the lowest identifiable quantity (such as a capsule or tablet, 
        milligram of molecules, or grams) of the drug that is 
        dispensed.

``SEC. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS.

    ``(a) In General.--Not later than the selected drug publication 
date with respect to an initial price applicability year, subject to 
subsection (h), the Secretary shall select and publish in the Federal 
Register a list of--
            ``(1)(A) with respect to an initial price applicability 
        year during 2025, at least 25 negotiation-eligible drugs 
        described in subparagraphs (A) and (B), but not subparagraph 
        (C), of subsection (d)(1) (or, with respect to an initial price 
        applicability year during such period beginning after 2025, the 
        maximum number (if such number is less than 25) of such 
        negotiation-eligible drugs for the year) with respect to such 
        year; and
            ``(B) with respect to an initial price applicability year 
        during 2026 or a subsequent year, at least 50 negotiation-
        eligible drugs described in subparagraphs (A) and (B), but not 
        subparagraph (C), of subsection (d)(1) (or, with respect to an 
        initial price applicability year during such period, the 
        maximum number (if such number is less than 50) of such 
        negotiation-eligible drugs for the year) with respect to such 
        year;
            ``(2) all negotiation-eligible drugs described in 
        subparagraph (C) of such subsection with respect to such year; 
        and
            ``(3) all new-entrant negotiation-eligible drugs (as 
        defined in subsection (g)(1)) with respect to such year.
Each drug published on the list pursuant to the previous sentence shall 
be subject to the negotiation process under section 1194 for the 
voluntary negotiation period with respect to such initial price 
applicability year (and the renegotiation process under such section as 
applicable for any subsequent year during the applicable price 
applicability period). In applying this subsection, any negotiation-
eligible drug that is selected under this subsection for an initial 
price applicability year shall not count toward the required minimum 
amount of drugs to be selected under paragraph (1) for any subsequent 
year, including such a drug so selected that is subject to 
renegotiation under section 1194.
    ``(b) Selection of Drugs.--In carrying out subsection (a)(1) the 
Secretary shall select for inclusion on the published list described in 
subsection (a) with respect to a price applicability period, the 
negotiation-eligible drugs that the Secretary projects will result in 
the greatest savings to the Federal Government or fair price eligible 
individuals during the price applicability period. In making this 
projection of savings for drugs for which there is an AIM price for a 
price applicability period, the savings shall be projected across 
different dosage forms and strengths of the drugs and not based on the 
specific formulation or package size or package type of the drugs, 
taking into consideration both the volume of drugs for which payment is 
made, to the extent such data is available, and the amount by which the 
net price for the drugs exceeds the AIM price for the drugs.
    ``(c) Selected Drug.--For purposes of this part, each drug included 
on the list published under subsection (a) with respect to an initial 
price applicability year shall be referred to as a `selected drug' with 
respect to such year and each subsequent plan year beginning before the 
first plan year beginning after the date on which the Secretary 
determines two or more drug products--
            ``(1) are approved or licensed (as applicable)--
                    ``(A) under section 505(j) of the Federal Food, 
                Drug, and Cosmetic Act using such drug as the listed 
                drug; or
                    ``(B) under section 351(k) of the Public Health 
                Service Act using such drug as the reference product; 
                and
            ``(2) continue to be marketed.
    ``(d) Negotiation-Eligible Drug.--
            ``(1) In general.--For purposes of this part, the term 
        `negotiation-eligible drug' means, with respect to the selected 
        drug publication date with respect to an initial price 
        applicability year, a qualifying single source drug, as defined 
        in subsection (e), that meets any of the following criteria:
                    ``(A) Covered part d drugs.--The drug is among the 
                125 covered part D drugs (as defined in section 1860D-
                2(e)) for which there was an estimated greatest net 
                spending under parts C and D of title XVIII, as 
                determined by the Secretary, during the most recent 
                plan year prior to such drug publication date for which 
                data are available.
                    ``(B) Other drugs.--The drug is among the 125 drugs 
                for which there was an estimated greatest net spending 
                in the United States (including the 50 States, the 
                District of Columbia, and the territories of the United 
                States), as determined by the Secretary, during the 
                most recent plan year prior to such drug publication 
                date for which data are available.
                    ``(C) Insulin.--The drug is a qualifying single 
                source drug described in subsection (e)(3).
            ``(2) Clarification.--In determining whether a qualifying 
        single source drug satisfies any of the criteria described in 
        paragraph (1), the Secretary shall, to the extent practicable, 
        use data that is aggregated across dosage forms and strengths 
        of the drug and not based on the specific formulation or 
        package size or package type of the drug.
            ``(3) Publication.--Not later than the selected drug 
        publication date with respect to an initial price applicability 
        year, the Secretary shall publish in the Federal Register a 
        list of negotiation-eligible drugs with respect to such 
        selected drug publication date.
    ``(e) Qualifying Single Source Drug.--For purposes of this part, 
the term `qualifying single source drug' means any of the following:
            ``(1) Drug products.--A drug that--
                    ``(A) is approved under section 505(c) of the 
                Federal Food, Drug, and Cosmetic Act and continues to 
                be marketed pursuant to such approval; and
                    ``(B) is not the listed drug for any drug that is 
                approved and continues to be marketed under section 
                505(j) of such Act.
            ``(2) Biological products.--A biological product that--
                    ``(A) is licensed under section 351(a) of the 
                Public Health Service Act, including any product that 
                has been deemed to be licensed under section 351 of 
                such Act pursuant to section 7002(e)(4) of the 
                Biologics Price Competition and Innovation Act of 2009, 
                and continues to be marketed under section 351 of such 
                Act; and
                    ``(B) is not the reference product for any 
                biological product that is licensed and continues to be 
                marketed under section 351(k) of such Act.
            ``(3) Insulin product.--Notwithstanding paragraphs (1) and 
        (2), any insulin product that is approved under subsection (c) 
        or (j) of section 505 of the Federal Food, Drug, and Cosmetic 
        Act or licensed under subsection (a) or (k) of section 351 of 
        the Public Health Service Act and continues to be marketed 
        under such section 505 or 351, including any insulin product 
        that has been deemed to be licensed under section 351(a) of the 
        Public Health Service Act pursuant to section 7002(e)(4) of the 
        Biologics Price Competition and Innovation Act of 2009 and 
        continues to be marketed pursuant to such licensure.
For purposes of applying paragraphs (1) and (2), a drug or biological 
product that is marketed by the same sponsor or manufacturer (or an 
affiliate thereof or a cross-licensed producer or distributor) as the 
listed drug or reference product described in such respective paragraph 
shall not be taken into consideration.
    ``(f) Information on International Drug Prices.--For purposes of 
determining which negotiation-eligible drugs to select under subsection 
(a) and, in the case of such drugs that are selected drugs, to 
determine the maximum fair price for such a drug and whether such 
maximum fair price should be renegotiated under section 1194, the 
Secretary shall use data relating to the AIM price with respect to such 
drug as available or provided to the Secretary and shall on an ongoing 
basis request from manufacturers of selected drugs information on the 
AIM price of such a drug.
    ``(g) New-Entrant Negotiation-Eligible Drugs.--
            ``(1) In general.--For purposes of this part, the term 
        `new-entrant negotiation-eligible drug' means, with respect to 
        the selected drug publication date with respect to an initial 
        price applicability year, a qualifying single source drug--
                    ``(A) that is first approved or licensed, as 
                described in paragraph (1), (2), or (3) of subsection 
                (e), as applicable, during the year preceding such 
                selected drug publication date; and
                    ``(B) that the Secretary determines under paragraph 
                (2) is likely to be included as a negotiation-eligible 
                drug with respect to the subsequent selected drug 
                publication date.
            ``(2) Determination.--In the case of a qualifying single 
        source drug that meets the criteria described in subparagraph 
        (A) of paragraph (1), with respect to an initial price 
        applicability year, if the wholesale acquisition cost at which 
        such drug is first marketed in the United States is equal to or 
        greater than the median household income (as determined 
        according to the most recent data collected by the United 
        States Census Bureau), the Secretary shall determine before the 
        selected drug publication date with respect to the initial 
        price applicability year, if the drug is likely to be included 
        as a negotiation-eligible drug with respect to the subsequent 
        selected drug publication date, based on the projected spending 
        under title XVIII or in the United States on such drug. For 
        purposes of this paragraph the term `United States' includes 
        the 50 States, the District of Columbia, and the territories of 
        the United States.
    ``(h) Conflict of Interest.--
            ``(1) In general.--In the case the Inspector General of the 
        Department of Health and Human Services determines the 
        Secretary has a conflict, with respect to a matter described in 
        paragraph (2), the individual described in paragraph (3) shall 
        carry out the duties of the Secretary under this part, with 
        respect to a negotiation-eligible drug, that would otherwise be 
        such a conflict.
            ``(2) Matter described.--A matter described in this 
        paragraph is--
                    ``(A) a financial interest (as described in section 
                2635.402 of title 5, Code of Federal Regulations, as in 
                effect on the date of the enactment of this section, 
                (except for an interest described in subsection 
                (b)(2)(iv) of such section)) on the date of the 
                selected drug publication date, with respect the price 
                applicability year (as applicable);
                    ``(B) a personal or business relationship (as 
                described in section 2635.502 of such title) on the 
                date of the selected drug publication date, with 
                respect the price applicability year;
                    ``(C) employment by a manufacturer of a 
                negotiation-eligible drug during the preceding 10-year 
                period beginning on the date of the selected drug 
                publication date, with respect to each price 
                applicability year; and
                    ``(D) any other matter the General Counsel 
                determines appropriate.
            ``(3) Individual described.--An individual described in 
        this paragraph is--
                    ``(A) the highest-ranking officer or employee of 
                the Department of Health and Human Services (as 
                determined by the organizational chart of the 
                Department) that does not have a conflict under this 
                subsection; and
                    ``(B) is nominated by the President and confirmed 
                by the Senate with respect to the position.

``SEC. 1193. MANUFACTURER AGREEMENTS.

    ``(a) In General.--For purposes of section 1191(a)(2), the 
Secretary shall enter into agreements with manufacturers of selected 
drugs with respect to a price applicability period, by not later than 
June 15 following the selected drug publication date with respect to 
such selected drug, under which--
            ``(1) during the voluntary negotiation period for the 
        initial price applicability year for the selected drug, the 
        Secretary and manufacturer, in accordance with section 1194, 
        negotiate to determine (and, by not later than the last date of 
        such period and in accordance with subsection (c), agree to) a 
        maximum fair price for such selected drug of the manufacturer 
        in order to provide access to such price--
                    ``(A) to fair price eligible individuals who with 
                respect to such drug are described in subparagraph (A) 
                of section 1191(c)(1) and are furnished or dispensed 
                such drug during, subject to subparagraph (2), the 
                price applicability period; and
                    ``(B) to hospitals, physicians, and other providers 
                of services and suppliers with respect to fair price 
                eligible individuals who with respect to such drug are 
                described in subparagraph (B) of such section and are 
                furnished or administered such drug during, subject to 
                subparagraph (2), the price applicability period;
            ``(2) the Secretary and the manufacturer shall, in 
        accordance with a process and during a period specified by the 
        Secretary pursuant to rulemaking, renegotiate (and, by not 
        later than the last date of such period and in accordance with 
        subsection (c), agree to) the maximum fair price for such drug 
        if the Secretary determines that there is a material change in 
        any of the factors described in section 1194(d) relating to the 
        drug, including changes in the AIM price for such drug, in 
        order to provide access to such maximum fair price (as so 
        renegotiated)--
                    ``(A) to fair price eligible individuals who with 
                respect to such drug are described in subparagraph (A) 
                of section 1191(c)(1) and are furnished or dispensed 
                such drug during any year during the price 
                applicability period (beginning after such 
                renegotiation) with respect to such selected drug; and
                    ``(B) to hospitals, physicians, and other providers 
                of services and suppliers with respect to fair price 
                eligible individuals who with respect to such drug are 
                described in subparagraph (B) of such section and are 
                furnished or administered such drug during any year 
                described in subparagraph (A);
            ``(3) the maximum fair price (including as renegotiated 
        pursuant to paragraph (2)), with respect to such a selected 
        drug, shall be provided to fair price eligible individuals, who 
        with respect to such drug are described in subparagraph (A) of 
        section 1191(c)(1), at the pharmacy or by a mail order service 
        at the point-of-sale of such drug;
            ``(4) the manufacturer, subject to subsection (d), submits 
        to the Secretary, in a form and manner specified by the 
        Secretary--
                    ``(A) for the voluntary negotiation period for the 
                price applicability period (and, if applicable, before 
                any period of renegotiation specified pursuant to 
                paragraph (2)) with respect to such drug all 
                information that the Secretary requires to carry out 
                the negotiation (or renegotiation process) under this 
                part, including information described in section 
                1192(f) and section 1194(d)(1); and
                    ``(B) on an ongoing basis, information on changes 
                in prices for such drug that would affect the AIM price 
                for such drug or otherwise provide a basis for 
                renegotiation of the maximum fair price for such drug 
                pursuant to paragraph (2);
            ``(5) the manufacturer agrees that in the case the selected 
        drug of a manufacturer is a drug described in subsection (c), 
        the manufacturer will, in accordance with such subsection, make 
        any payment required under such subsection with respect to such 
        drug; and
            ``(6) the manufacturer complies with requirements imposed 
        by the Secretary for purposes of administering the program, 
        including with respect to the duties described in section 1196.
    ``(b) Agreement in Effect Until Drug Is No Longer a Selected 
Drug.--An agreement entered into under this section shall be effective, 
with respect to a drug, until such drug is no longer considered a 
selected drug under section 1192(c).
    ``(c) Special Rule for Certain Selected Drugs Without AIM Price.--
            ``(1) In general.--In the case of a selected drug for which 
        there is no AIM price available with respect to the initial 
        price applicability year for such drug and for which an AIM 
        price becomes available beginning with respect to a subsequent 
        plan year during the price applicability period for such drug, 
        if the Secretary determines that the amount described in 
        paragraph (2)(A) for a unit of such drug is greater than the 
        amount described in paragraph (2)(B) for a unit of such drug, 
        then by not later than one year after the date of such 
        determination, the manufacturer of such selected drug shall pay 
        to the Treasury an amount equal to the product of--
                    ``(A) the difference between such amount described 
                in paragraph (2)(A) for a unit of such drug and such 
                amount described in paragraph (2)(B) for a unit of such 
                drug; and
                    ``(B) the number of units of such drug sold in the 
                United States, including the 50 States, the District of 
                Columbia, and the territories of the United States, 
                during the period described in paragraph (2)(B).
            ``(2) Amounts described.--
                    ``(A) Weighted average price before aim price 
                available.--For purposes of paragraph (1), the amount 
                described in this subparagraph for a selected drug 
                described in such paragraph, is the amount equal to the 
                weighted average manufacturer price (as defined in 
                section 1927(k)(1)) for such dosage strength and form 
                for the drug during the period beginning with the first 
                plan year for which the drug is included on the list of 
                negotiation-eligible drugs published under section 
                1192(d) and ending with the last plan year during the 
                price applicability period for such drug with respect 
                to which there is no AIM price available for such drug.
                    ``(B) Amount multiplier after aim price 
                available.--For purposes of paragraph (1), the amount 
                described in this subparagraph for a selected drug 
                described in such paragraph, is the amount equal to 200 
                percent of the AIM price for such drug with respect to 
                the first plan year during the price applicability 
                period for such drug with respect to which there is an 
                AIM price available for such drug.
    ``(d) Confidentiality of Information.--Information submitted to the 
Secretary under this part by a manufacturer of a selected drug that is 
proprietary information of such manufacturer (as determined by the 
Secretary) may be used only by the Secretary or disclosed to and used 
by the Comptroller General of the United States or the Medicare Payment 
Advisory Commission for purposes of carrying out this part.
    ``(e) Regulations.--
            ``(1) In general.--The Secretary shall, pursuant to 
        rulemaking, specify, in accordance with paragraph (2), the 
        information that must be submitted under subsection (a)(4).
            ``(2) Information specified.--Information described in 
        paragraph (1), with respect to a selected drug, shall include 
        information on sales of the drug (by the manufacturer of the 
        drug or by another entity under license or other agreement with 
        the manufacturer, with respect to the sales of such drug, 
        regardless of the name under which the drug is sold) in any 
        foreign country that is part of the AIM price. The Secretary 
        shall verify, to the extent practicable, such sales from 
        appropriate officials of the government of the foreign country 
        involved.
    ``(f) Compliance With Requirements for Administration of Program.--
Each manufacturer with an agreement in effect under this section shall 
comply with requirements imposed by the Secretary or a third party with 
a contract under section 1196(c)(1), as applicable, for purposes of 
administering the program.

``SEC. 1194. NEGOTIATION AND RENEGOTIATION PROCESS.

    ``(a) In General.--For purposes of this part, under an agreement 
under section 1193 between the Secretary and a manufacturer of a 
selected drug, with respect to the period for which such agreement is 
in effect and in accordance with subsections (b) and (c), the Secretary 
and the manufacturer--
            ``(1) shall during the voluntary negotiation period with 
        respect to the initial price applicability year for such drug, 
        in accordance with this section, negotiate a maximum fair price 
        for such drug for the purpose described in section 1193(a)(1); 
        and
            ``(2) as applicable pursuant to section 1193(a)(2) and in 
        accordance with the process specified pursuant to such section, 
        renegotiate such maximum fair price for such drug for the 
        purpose described in such section.
    ``(b) Negotiating Methodology and Objective.--
            ``(1) In general.--The Secretary shall develop and use a 
        consistent methodology for negotiations under subsection (a) 
        that, in accordance with paragraph (2) and subject to paragraph 
        (3), achieves the lowest maximum fair price for each selected 
        drug while appropriately rewarding innovation.
            ``(2) Prioritizing factors.--In considering the factors 
        described in subsection (d) in negotiating (and, as applicable, 
        renegotiating) the maximum fair price for a selected drug, the 
        Secretary shall, to the extent practicable, consider all of the 
        available factors listed but shall prioritize the following 
        factors:
                    ``(A) Research and development costs.--The factor 
                described in paragraph (1)(A) of subsection (d).
                    ``(B) Market data.--The factor described in 
                paragraph (1)(B) of such subsection.
                    ``(C) Unit costs of production and distribution.--
                The factor described in paragraph (1)(C) of such 
                subsection.
                    ``(D) Comparison to existing therapeutic 
                alternatives.--The factor described in paragraph (2)(A) 
                of such subsection.
            ``(3) Requirement.--
                    ``(A) In general.--In negotiating the maximum fair 
                price of a selected drug, with respect to an initial 
                price applicability year for the selected drug, and, as 
                applicable, in renegotiating the maximum fair price for 
                such drug, with respect to a subsequent year during the 
                price applicability period for such drug, in the case 
                that the manufacturer of the selected drug offers under 
                the negotiation or renegotiation, as applicable, a 
                price for such drug that is not more than the target 
                price described in subparagraph (B) for such drug for 
                the respective year, the Secretary shall agree under 
                such negotiation or renegotiation, respectively, to 
                such offered price as the maximum fair price.
                    ``(B) Target price.--
                            ``(i) In general.--Subject to clause (ii), 
                        the target price described in this subparagraph 
                        for a selected drug with respect to a year, is 
                        the average price (which shall be the net 
                        average price, if practicable, and volume-
                        weighted, if practicable) for a unit of such 
                        drug for sales of such drug, as computed 
                        (across different dosage forms and strengths of 
                        the drug and not based on the specific 
                        formulation or package size or package type of 
                        the drug) in the applicable country described 
                        in section 1191(c)(3)(B) with respect to such 
                        drug that, with respect to such year, has the 
                        lowest average price for such drug as compared 
                        to the average prices (as so computed) of such 
                        drug with respect to such year in the other 
                        applicable countries described in such section 
                        with respect to such drug.
                            ``(ii) Selected drugs without aim price.--
                        In applying this paragraph in the case of 
                        negotiating the maximum fair price of a 
                        selected drug for which there is no AIM price 
                        available with respect to the initial price 
                        applicability year for such drug, or, as 
                        applicable, renegotiating the maximum fair 
                        price for such drug with respect to a 
                        subsequent year during the price applicability 
                        period for such drug before the first plan year 
                        for which there is an AIM price available for 
                        such drug, the target price described in this 
                        subparagraph for such drug and respective year 
                        is the amount that is 80 percent of the average 
                        manufacturer price (as defined in section 
                        1927(k)(1)) for such drug and year.
    ``(c) Limitation.--
            ``(1) In general.--Subject to paragraph (2), the maximum 
        fair price negotiated (including as renegotiated) under this 
        section for a selected drug, with respect to each plan year 
        during a price applicability period for such drug, shall not 
        exceed 120 percent of the AIM price applicable to such drug 
        with respect to such year.
            ``(2) Selected drugs without aim price.--In the case of a 
        selected drug for which there is no AIM price available with 
        respect to the initial price applicability year for such drug, 
        for each plan year during the price applicability period before 
        the first plan year for which there is an AIM price available 
        for such drug, the maximum fair price negotiated (including as 
        renegotiated) under this section for the selected drug shall 
        not exceed the amount equal to 85 percent of the average 
        manufacturer price for the drug with respect to such year.
    ``(d) Considerations.--For purposes of negotiating and, as 
applicable, renegotiating (including for purposes of determining 
whether to renegotiate) the maximum fair price of a selected drug under 
this part with the manufacturer of the drug, the Secretary, consistent 
with subsection (b)(2), shall take into consideration the factors 
described in paragraphs (1), (2), (3), and (5), and may take into 
consideration the factor described in paragraph (4):
            ``(1) Manufacturer-specific information.--The following 
        information, including as submitted by the manufacturer:
                    ``(A) Research and development costs of the 
                manufacturer for the drug and the extent to which the 
                manufacturer has recouped research and development 
                costs.
                    ``(B) Market data for the drug, including the 
                distribution of sales across different programs and 
                purchasers and projected future revenues for the drug.
                    ``(C) Unit costs of production and distribution of 
                the drug.
                    ``(D) Prior Federal financial support for novel 
                therapeutic discovery and development with respect to 
                the drug.
                    ``(E) Data on patents and on existing and pending 
                exclusivity for the drug.
                    ``(F) National sales data for the drug.
                    ``(G) Information on clinical trials for the drug 
                in the United States or in applicable countries 
                described in section 1191(c)(3)(B).
            ``(2) Information on alternative products.--The following 
        information:
                    ``(A) The extent to which the drug represents a 
                therapeutic advance as compared to existing therapeutic 
                alternatives and, to the extent such information is 
                available, the costs of such existing therapeutic 
                alternatives.
                    ``(B) Information on approval by the Food and Drug 
                Administration of alternative drug products.
                    ``(C) Information on comparative effectiveness 
                analysis for such products, taking into consideration 
                the effects of such products on specific populations, 
                such as individuals with disabilities, the elderly, 
                terminally ill, children, and other patient 
                populations.
        In considering information described in subparagraph (C), the 
        Secretary shall not use evidence or findings from comparative 
        clinical effectiveness research in a manner that treats 
        extending the life of an elderly, disabled, or terminally ill 
        individual as of lower value than extending the life of an 
        individual who is younger, nondisabled, or not terminally ill. 
        Nothing in the previous sentence shall affect the application 
        or consideration of an AIM price for a selected drug.
            ``(3) Foreign sales information.--To the extent available 
        on a timely basis, including as provided by a manufacturer of 
        the selected drug or otherwise, information on sales of the 
        selected drug in each of the countries described in section 
        1191(c)(3)(B).
            ``(4) VA drug pricing information.--Information disclosed 
        to the Secretary pursuant to subsection (f).
            ``(5) Additional information.--Information submitted to the 
        Secretary, in accordance with a process specified by the 
        Secretary, by other parties that are affected by the 
        establishment of a maximum fair price for the selected drug.
    ``(e) Request for Information.--For purposes of negotiating and, as 
applicable, renegotiating (including for purposes of determining 
whether to renegotiate) the maximum fair price of a selected drug under 
this part with the manufacturer of the drug, with respect to a price 
applicability period, and other relevant data for purposes of this 
section--
            ``(1) the Secretary shall, not later than the selected drug 
        publication date with respect to the initial price 
        applicability year of such period, request drug pricing 
        information from the manufacturer of such selected drug, 
        including information described in subsection (d)(1); and
            ``(2) by not later than October 1 following the selected 
        drug publication date, the manufacturer of such selected drug 
        shall submit to the Secretary such requested information in 
        such form and manner as the Secretary may require.
The Secretary shall request, from the manufacturer or others, such 
additional information as may be needed to carry out the negotiation 
and renegotiation process under this section.
    ``(f) Disclosure of Information.--For purposes of this part, the 
Secretary of Veterans Affairs may disclose to the Secretary of Health 
and Human Services the price of any negotiation-eligible drug that is 
purchased pursuant to section 8126 of title 38, United States Code.

``SEC. 1195. PUBLICATION OF MAXIMUM FAIR PRICES.

    ``(a) In General.--With respect to an initial price applicability 
year and selected drug with respect to such year, not later than April 
1 of the plan year prior to such initial price applicability year, the 
Secretary shall publish in the Federal Register the maximum fair price 
for such drug negotiated under this part with the manufacturer of such 
drug.
    ``(b) Updates.--
            ``(1) Subsequent year maximum fair prices.--For a selected 
        drug, for each plan year subsequent to the initial price 
        applicability year for such drug with respect to which an 
        agreement for such drug is in effect under section 1193, the 
        Secretary shall publish in the Federal Register--
                    ``(A) subject to subparagraph (B), the amount equal 
                to the maximum fair price published for such drug for 
                the previous year, increased by the annual percentage 
                increase in the consumer price index for all urban 
                consumers (all items; U.S. city average) as of 
                September of such previous year; or
                    ``(B) in the case the maximum fair price for such 
                drug was renegotiated, for the first year for which 
                such price as so renegotiated applies, such 
                renegotiated maximum fair price.
            ``(2) Prices negotiated after deadline.--In the case of a 
        selected drug with respect to an initial price applicability 
        year for which the maximum fair price is determined under this 
        part after the date of publication under this section, the 
        Secretary shall publish such maximum fair price in the Federal 
        Register by not later than 30 days after the date such maximum 
        price is so determined.

``SEC. 1196. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS.

    ``(a) Administrative Duties.--
            ``(1) In general.--For purposes of section 1191, the 
        administrative duties described in this section are the 
        following:
                    ``(A) The establishment of procedures (including 
                through agreements with manufacturers under this part, 
                contracts with prescription drug plans under part D of 
                title XVIII and MA-PD plans under part C of such title, 
                and agreements under section 1197 with group health 
                plans and health insurance issuers of health insurance 
                coverage offered in the individual or group market) 
                under which the maximum fair price for a selected drug 
                is provided to fair price eligible individuals, who 
                with respect to such drug are described in subparagraph 
                (A) of section 1191(c)(1), at pharmacies or by mail 
                order service at the point-of-sale of the drug for the 
                applicable price period for such drug and providing 
                that such maximum fair price is used for determining 
                cost-sharing under such plans or coverage for the 
                selected drug.
                    ``(B) The establishment of procedures (including 
                through agreements with manufacturers under this part 
                and contracts with hospitals, physicians, and other 
                providers of services and suppliers and agreements 
                under section 1197 with group health plans and health 
                insurance issuers of health insurance coverage offered 
                in the individual or group market) under which, in the 
                case of a selected drug furnished or administered by 
                such a hospital, physician, or other provider of 
                services or supplier to fair price eligible individuals 
                (who with respect to such drug are described in 
                subparagraph (B) of section 1191(c)(1)), the maximum 
                fair price for the selected drug is provided to such 
                hospitals, physicians, and other providers of services 
                and suppliers (as applicable) with respect to such 
                individuals and providing that such maximum fair price 
                is used for determining cost-sharing under the 
                respective part, plan, or coverage for the selected 
                drug.
                    ``(C) The establishment of procedures (including 
                through agreements and contracts described in 
                subparagraphs (A) and (B)) to ensure that, not later 
                than 90 days after the dispensing of a selected drug to 
                a fair price eligible individual by a pharmacy or mail 
                order service, the pharmacy or mail order service is 
                reimbursed for an amount equal to the difference 
                between--
                            ``(i) the lesser of--
                                    ``(I) the wholesale acquisition 
                                cost of the drug;
                                    ``(II) the national average drug 
                                acquisition cost of the drug; and
                                    ``(III) any other similar 
                                determination of pharmacy acquisition 
                                costs of the drug, as determined by the 
                                Secretary; and
                            ``(ii) the maximum fair price for the drug.
                    ``(D) The establishment of procedures to ensure 
                that the maximum fair price for a selected drug is 
                applied before--
                            ``(i) any coverage or financial assistance 
                        under other health benefit plans or programs 
                        that provide coverage or financial assistance 
                        for the purchase or provision of prescription 
                        drug coverage on behalf of fair price eligible 
                        individuals as the Secretary may specify; and
                            ``(ii) any other discounts.
                    ``(E) The establishment of procedures to enter into 
                appropriate agreements and protocols for the ongoing 
                computation of AIM prices for selected drugs, 
                including, to the extent possible, to compute the AIM 
                price for selected drugs and including by providing 
                that the manufacturer of such a selected drug should 
                provide information for such computation not later than 
                3 months after the first date of the voluntary 
                negotiation period for such selected drug.
                    ``(F) The establishment of procedures to compute 
                and apply the maximum fair price across different 
                strengths and dosage forms of a selected drug and not 
                based on the specific formulation or package size or 
                package type of the drug.
                    ``(G) The establishment of procedures to negotiate 
                and apply the maximum fair price in a manner that does 
                not include any dispensing or similar fee.
                    ``(H) The establishment of procedures to carry out 
                the provisions of this part, as applicable, with 
                respect to--
                            ``(i) fair price eligible individuals who 
                        are enrolled under a prescription drug plan 
                        under part D of title XVIII or an MA-PD plan 
                        under part C of such title;
                            ``(ii) fair price eligible individuals who 
                        are enrolled under a group health plan or 
                        health insurance coverage offered by a health 
                        insurance issuer in the individual or group 
                        market with respect to which there is an 
                        agreement in effect under section 1197; and
                            ``(iii) fair price eligible individuals who 
                        are entitled to benefits under part A of title 
                        XVIII or enrolled under part B of such title.
                    ``(I) The establishment of a negotiation process 
                and renegotiation process in accordance with section 
                1194, including a process for acquiring information 
                described in subsection (d) of such section and 
                determining amounts described in subsection (b) of such 
                section.
                    ``(J) The provision of a reasonable dispute 
                resolution mechanism to resolve disagreements between 
                manufacturers, fair price eligible individuals, and the 
                third party with a contract under subsection (c)(1).
            ``(2) Monitoring compliance.--
                    ``(A) In general.--The Secretary shall monitor 
                compliance by a manufacturer with the terms of an 
                agreement under section 1193, including by establishing 
                a mechanism through which violations of such terms may 
                be reported.
                    ``(B) Notification.--If a third party with a 
                contract under subsection (c)(1) determines that the 
                manufacturer is not in compliance with such agreement, 
                the third party shall notify the Secretary of such 
                noncompliance for appropriate enforcement under section 
                4192 of the Internal Revenue Code of 1986 or section 
                1198, as applicable.
    ``(b) Collection of Data.--
            ``(1) From prescription drug plans and ma-pd plans.--The 
        Secretary may collect appropriate data from prescription drug 
        plans under part D of title XVIII and MA-PD plans under part C 
        of such title in a timeframe that allows for maximum fair 
        prices to be provided under this part for selected drugs.
            ``(2) From health plans.--The Secretary may collect 
        appropriate data from group health plans or health insurance 
        issuers offering group or individual health insurance coverage 
        in a timeframe that allows for maximum fair prices to be 
        provided under this part for selected drugs.
            ``(3) Coordination of data collection.--To the extent 
        feasible, as determined by the Secretary, the Secretary shall 
        ensure that data collected pursuant to this subsection is 
        coordinated with, and not duplicative of, other Federal data 
        collection efforts.
    ``(c) Contract With Third Parties.--
            ``(1) In general.--The Secretary may enter into a contract 
        with 1 or more third parties to administer the requirements 
        established by the Secretary in order to carry out this part. 
        At a minimum, the contract with a third party under the 
        preceding sentence shall require that the third party--
                    ``(A) receive and transmit information between the 
                Secretary, manufacturers, and other individuals or 
                entities the Secretary determines appropriate;
                    ``(B) receive, distribute, or facilitate the 
                distribution of funds of manufacturers to appropriate 
                individuals or entities in order to meet the 
                obligations of manufacturers under agreements under 
                this part;
                    ``(C) provide adequate and timely information to 
                manufacturers, consistent with the agreement with the 
                manufacturer under this part, as necessary for the 
                manufacturer to fulfill its obligations under this 
                part; and
                    ``(D) permit manufacturers to conduct periodic 
                audits, directly or through contracts, of the data and 
                information used by the third party to determine 
                discounts for applicable drugs of the manufacturer 
                under the program.
            ``(2) Performance requirements.--The Secretary shall 
        establish performance requirements for a third party with a 
        contract under paragraph (1) and safeguards to protect the 
        independence and integrity of the activities carried out by the 
        third party under the program under this part.

``SEC. 1197. VOLUNTARY PARTICIPATION BY OTHER HEALTH PLANS.

    ``(a) Agreement To Participate Under Program.--
            ``(1) In general.--Subject to paragraph (2), under the 
        program under this part the Secretary shall be treated as 
        having in effect an agreement with a group health plan or 
        health insurance issuer offering group or individual health 
        insurance coverage (as such terms are defined in section 2791 
        of the Public Health Service Act), with respect to a price 
        applicability period and a selected drug with respect to such 
        period--
                    ``(A) with respect to such selected drug furnished 
                or dispensed at a pharmacy or by mail order service if 
                coverage is provided under such plan or coverage during 
                such period for such selected drug as so furnished or 
                dispensed; and
                    ``(B) with respect to such selected drug furnished 
                or administered by a hospital, physician, or other 
                provider of services or supplier if coverage is 
                provided under such plan or coverage during such period 
                for such selected drug as so furnished or administered.
            ``(2) Opting out of agreement.--The Secretary shall not be 
        treated as having in effect an agreement under the program 
        under this part with a group health plan or health insurance 
        issuer offering group or individual health insurance coverage 
        with respect to a price applicability period and a selected 
        drug with respect to such period if such a plan or issuer 
        affirmatively elects, through a process specified by the 
        Secretary, not to participate under the program with respect to 
        such period and drug.
    ``(b) Publication of Election.--With respect to each price 
applicability period and each selected drug with respect to such 
period, the Secretary and the Secretary of Labor and the Secretary of 
the Treasury, as applicable, shall make public a list of each group 
health plan and each health insurance issuer offering group or 
individual health insurance coverage, with respect to which coverage is 
provided under such plan or coverage for such drug, that has elected 
under subsection (a) not to participate under the program with respect 
to such period and drug.

``SEC. 1198. CIVIL MONETARY PENALTY.

    ``(a) Violations Relating to Offering of Maximum Fair Price.--Any 
manufacturer of a selected drug that has entered into an agreement 
under section 1193, with respect to a plan year during the price 
applicability period for such drug, that does not provide access to a 
price that is not more than the maximum fair price (or a lesser price) 
for such drug for such year--
            ``(1) to a fair price eligible individual who with respect 
        to such drug is described in subparagraph (A) of section 
        1191(c)(1) and who is furnished or dispensed such drug during 
        such year; or
            ``(2) to a hospital, physician, or other provider of 
        services or supplier with respect to fair price eligible 
        individuals who with respect to such drug is described in 
        subparagraph (B) of such section and is furnished or 
        administered such drug by such hospital, physician, or provider 
        or supplier during such year;
shall be subject to a civil monetary penalty equal to ten times the 
amount equal to the difference between the price for such drug made 
available for such year by such manufacturer with respect to such 
individual or hospital, physician, provider, or supplier and the 
maximum fair price for such drug for such year.
    ``(b) Violations of Certain Terms of Agreement.--Any manufacturer 
of a selected drug that has entered into an agreement under section 
1193, with respect to a plan year during the price applicability period 
for such drug, that is in violation of a requirement imposed pursuant 
to section 1193(a)(6) shall be subject to a civil monetary penalty of 
not more than $1,000,000 for each such violation.
    ``(c) Application.--The provisions of section 1128A (other than 
subsections (a) and (b)) shall apply to a civil monetary penalty under 
this section in the same manner as such provisions apply to a penalty 
or proceeding under section 1128A(a).

``SEC. 1199. MISCELLANEOUS PROVISIONS.

    ``(a) Paperwork Reduction Act.--Chapter 35 of title 44, United 
States Code, shall not apply to data collected under this part.
    ``(b) Limitation on Judicial Review.--The following shall not be 
subject to judicial review:
            ``(1) The selection of drugs for publication under section 
        1192(a).
            ``(2) The determination of whether a drug is a negotiation-
        eligible drug under section 1192(d).
            ``(3) The determination of the maximum fair price of a 
        selected drug under section 1194.
            ``(4) The determination of units of a drug for purposes of 
        section 1191(c)(3).
    ``(c) Coordination.--In carrying out this part with respect to 
group health plans or health insurance coverage offered in the group 
market that are subject to oversight by the Secretary of Labor or the 
Secretary of the Treasury, the Secretary of Health and Human Services 
shall coordinate with such respective Secretary.
    ``(d) Data Sharing.--The Secretary shall share with the Secretary 
of the Treasury such information as is necessary to determine the tax 
imposed by section 4192 of the Internal Revenue Code of 1986.''.
    (b) Application of Maximum Fair Prices and Conforming Amendments.--
            (1) Under medicare.--
                    (A) Application to payments under part b.--Section 
                1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 
                1395w-3a(b)(1)(B)) is amended by inserting ``or in the 
                case of such a drug or biological that is a selected 
                drug (as defined in section 1192(c)), with respect to a 
                price applicability period (as defined in section 
                1191(b)(2)), 106 percent of the maximum fair price (as 
                defined in section 1191(c)(2)) applicable for such drug 
                and a plan year during such period'' after ``paragraph 
                (4)''.
                    (B) Exception to part d non-interference.--Section 
                1860D-11(i) of the Social Security Act (42 U.S.C. 
                1395w-111(i)) is amended by inserting ``, except as 
                provided under part E of title XI'' after ``the 
                Secretary''.
                    (C) Application as negotiated price under part d.--
                Section 1860D-2(d)(1) of the Social Security Act (42 
                U.S.C. 1395w-102(d)(1)) is amended--
                            (i) in subparagraph (B), by inserting ``, 
                        subject to subparagraph (D),'' after 
                        ``negotiated prices''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
                    ``(D) Application of maximum fair price for 
                selected drugs.--In applying this section, in the case 
                of a covered part D drug that is a selected drug (as 
                defined in section 1192(c)), with respect to a price 
                applicability period (as defined in section 
                1191(b)(2)), the negotiated prices used for payment (as 
                described in this subsection) shall be the maximum fair 
                price (as defined in section 1191(c)(2)) for such drug 
                and for each plan year during such period.''.
                    (D) Information from prescription drug plans and 
                ma-pd plans required.--
                            (i) Prescription drug plans.--Section 
                        1860D-12(b) of the Social Security Act (42 
                        U.S.C. 1395w-112(b)) is amended by adding at 
                        the end the following new paragraph:
            ``(8) Provision of information related to maximum fair 
        prices.--Each contract entered into with a PDP sponsor under 
        this part with respect to a prescription drug plan offered by 
        such sponsor shall require the sponsor to provide information 
        to the Secretary as requested by the Secretary in accordance 
        with section 1196(b).''.
                            (ii) MA-PD plans.--Section 1857(f)(3) of 
                        the Social Security Act (42 U.S.C. 1395w-
                        27(f)(3)) is amended by adding at the end the 
                        following new subparagraph:
                    ``(E) Provision of information related to maximum 
                fair prices.--Section 1860D-12(b)(8).''.
            (2) Under group health plans and health insurance 
        coverage.--
                    (A) PHSA.--Part D of title XXVII of the Public 
                Health Service Act (42 U.S.C. 300gg-111 et seq.) is 
                amended by adding at the end the following new section:

``SEC. 2799A-11. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF 
              MAXIMUM FAIR PRICES.

    ``(a) In General.--In the case of a group health plan or health 
insurance issuer offering group or individual health insurance coverage 
that is treated under section 1197 of the Social Security Act as having 
in effect an agreement with the Secretary under the Fair Price 
Negotiation Program under part E of title XI of such Act, with respect 
to a price applicability period (as defined in section 1191(b) of such 
Act) and a selected drug (as defined in section 1192(c) of such Act) 
with respect to such period with respect to which coverage is provided 
under such plan or coverage--
            ``(1) the provisions of such part shall apply--
                    ``(A) if coverage of such selected drug is provided 
                under such plan or coverage if the drug is furnished or 
                dispensed at a pharmacy or by a mail order service, to 
                the plans or coverage offered by such plan or issuer, 
                and to the individuals enrolled under such plans or 
                coverage, during such period, with respect to such 
                selected drug, in the same manner as such provisions 
                apply to prescription drug plans and MA-PD plans, and 
                to individuals enrolled under such prescription drug 
                plans and MA-PD plans during such period; and
                    ``(B) if coverage of such selected drug is provided 
                under such plan or coverage if the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to the plans or 
                coverage offered by such plan or issuers, to the 
                individuals enrolled under such plans or coverage, and 
                to hospitals, physicians, and other providers of 
                services and suppliers during such period, with respect 
                to such drug in the same manner as such provisions 
                apply to the Secretary, to individuals entitled to 
                benefits under part A of title XVIII or enrolled under 
                part B of such title, and to hospitals, physicians, and 
                other providers and suppliers participating under title 
                XVIII during such period;
            ``(2) the plan or issuer shall apply any cost-sharing 
        responsibilities under such plan or coverage, with respect to 
        such selected drug, by substituting an amount not more than the 
        maximum fair price negotiated under such part E of title XI for 
        such drug in lieu of the drug price upon which the cost-sharing 
        would have otherwise applied, and such cost-sharing 
        responsibilities with respect to such selected drug may not 
        exceed such maximum fair price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan, issuer, and coverage, such individuals so 
        enrolled in such plans and coverage, and such hospitals, 
        physicians, and other providers and suppliers participating in 
        such plans and coverage.
    ``(b) Notification Regarding Nonparticipation in Fair Price 
Negotiation Program.--A group health plan or a health insurance issuer 
offering group or individual health insurance coverage shall publicly 
disclose in a manner and in accordance with a process specified by the 
Secretary any election made under section 1197 of the Social Security 
Act by the plan or issuer to not participate in the Fair Price 
Negotiation Program under part E of title XI of such Act with respect 
to a selected drug (as defined in section 1192(c) of such Act) for 
which coverage is provided under such plan or coverage before the 
beginning of the plan year for which such election was made.''.
                    (B) ERISA.--
                            (i) In general.--Subpart B of part 7 of 
                        subtitle B of title I of the Employee 
                        Retirement Income Security Act of 1974 (29 
                        U.S.C. 1181 et seq.) is amended by adding at 
                        the end the following new section:

``SEC. 726. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM 
              FAIR PRICES.

    ``(a) In General.--In the case of a group health plan or health 
insurance issuer offering group health insurance coverage that is 
treated under section 1197 of the Social Security Act as having in 
effect an agreement with the Secretary under the Fair Price Negotiation 
Program under part E of title XI of such Act, with respect to a price 
applicability period (as defined in section 1191(b) of such Act) and a 
selected drug (as defined in section 1192(c) of such Act) with respect 
to such period with respect to which coverage is provided under such 
plan or coverage--
            ``(1) the provisions of such part shall apply, as 
        applicable--
                    ``(A) if coverage of such selected drug is provided 
                under such plan or coverage if the drug is furnished or 
                dispensed at a pharmacy or by a mail order service, to 
                the plans or coverage offered by such plan or issuer, 
                and to the individuals enrolled under such plans or 
                coverage, during such period, with respect to such 
                selected drug, in the same manner as such provisions 
                apply to prescription drug plans and MA-PD plans, and 
                to individuals enrolled under such prescription drug 
                plans and MA-PD plans during such period; and
                    ``(B) if coverage of such selected drug is provided 
                under such plan or coverage if the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to the plans or 
                coverage offered by such plan or issuers, to the 
                individuals enrolled under such plans or coverage, and 
                to hospitals, physicians, and other providers of 
                services and suppliers during such period, with respect 
                to such drug in the same manner as such provisions 
                apply to the Secretary, to individuals entitled to 
                benefits under part A of title XVIII or enrolled under 
                part B of such title, and to hospitals, physicians, and 
                other providers and suppliers participating under title 
                XVIII during such period;
            ``(2) the plan or issuer shall apply any cost-sharing 
        responsibilities under such plan or coverage, with respect to 
        such selected drug, by substituting an amount not more than the 
        maximum fair price negotiated under such part E of title XI for 
        such drug in lieu of the drug price upon which the cost-sharing 
        would have otherwise applied, and such cost-sharing 
        responsibilities with respect to such selected drug may not 
        exceed such maximum fair price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan, issuer, and coverage, and such individuals so 
        enrolled in such plans.
    ``(b) Notification Regarding Nonparticipation in Fair Price 
Negotiation Program.--A group health plan or a health insurance issuer 
offering group health insurance coverage shall publicly disclose in a 
manner and in accordance with a process specified by the Secretary any 
election made under section 1197 of the Social Security Act by the plan 
or issuer to not participate in the Fair Price Negotiation Program 
under part E of title XI of such Act with respect to a selected drug 
(as defined in section 1192(c) of such Act) for which coverage is 
provided under such plan or coverage before the beginning of the plan 
year for which such election was made.''.
                            (ii) Application to retiree and certain 
                        small group health plans.--Section 732(a) of 
                        the Employee Retirement Income Security Act of 
                        1974 (29 U.S.C. 1191a(a)) is amended by 
                        striking ``section 711'' and inserting 
                        ``sections 711 and 726''.
                            (iii) Clerical amendment.--The table of 
                        sections for subpart B of part 7 of subtitle B 
                        of title I of the Employee Retirement Income 
                        Security Act of 1974 is amended by adding at 
                        the end the following:

``Sec. 726. Fair Price Negotiation Program and application of maximum 
                            fair prices.''.
                    (C) IRC.--
                            (i) In general.--Subchapter B of chapter 
                        100 of the Internal Revenue Code of 1986 is 
                        amended by adding at the end the following new 
                        section:

``SEC. 9826. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM 
              FAIR PRICES.

    ``(a) In General.--In the case of a group health plan that is 
treated under section 1197 of the Social Security Act as having in 
effect an agreement with the Secretary under the Fair Price Negotiation 
Program under part E of title XI of such Act, with respect to a price 
applicability period (as defined in section 1191(b) of such Act) and a 
selected drug (as defined in section 1192(c) of such Act) with respect 
to such period with respect to which coverage is provided under such 
plan--
            ``(1) the provisions of such part shall apply, as 
        applicable--
                    ``(A) if coverage of such selected drug is provided 
                under such plan if the drug is furnished or dispensed 
                at a pharmacy or by a mail order service, to the plan, 
                and to the individuals enrolled under such plan during 
                such period, with respect to such selected drug, in the 
                same manner as such provisions apply to prescription 
                drug plans and MA-PD plans, and to individuals enrolled 
                under such prescription drug plans and MA-PD plans 
                during such period; and
                    ``(B) if coverage of such selected drug is provided 
                under such plan if the drug is furnished or 
                administered by a hospital, physician, or other 
                provider of services or supplier, to the plan, to the 
                individuals enrolled under such plan, and to hospitals, 
                physicians, and other providers of services and 
                suppliers during such period, with respect to such drug 
                in the same manner as such provisions apply to the 
                Secretary, to individuals entitled to benefits under 
                part A of title XVIII or enrolled under part B of such 
                title, and to hospitals, physicians, and other 
                providers and suppliers participating under title XVIII 
                during such period;
            ``(2) the plan shall apply any cost-sharing 
        responsibilities under such plan, with respect to such selected 
        drug, by substituting an amount not more than the maximum fair 
        price negotiated under such part E of title XI for such drug in 
        lieu of the drug price upon which the cost-sharing would have 
        otherwise applied, and such cost-sharing responsibilities with 
        respect to such selected drug may not exceed such maximum fair 
        price; and
            ``(3) the Secretary shall apply the provisions of such part 
        E to such plan and such individuals so enrolled in such plan.
    ``(b) Notification Regarding Nonparticipation in Fair Price 
Negotiation Program.--A group health plan shall publicly disclose in a 
manner and in accordance with a process specified by the Secretary any 
election made under section 1197 of the Social Security Act by the plan 
to not participate in the Fair Price Negotiation Program under part E 
of title XI of such Act with respect to a selected drug (as defined in 
section 1192(c) of such Act) for which coverage is provided under such 
plan before the beginning of the plan year for which such election was 
made.''.
                            (ii) Application to retiree and certain 
                        small group health plans.--Section 9831(a)(2) 
                        of the Internal Revenue Code of 1986 is amended 
                        by inserting ``other than with respect to 
                        section 9826,'' before ``any group health 
                        plan''.
                            (iii) Clerical amendment.--The table of 
                        sections for subchapter B of chapter 100 of 
                        such Code is amended by adding at the end the 
                        following new item:

``Sec. 9826. Fair Price Negotiation Program and application of maximum 
                            fair prices.''.
            (3) Fair price negotiation program prices included in best 
        price and amp.--Section 1927 of the Social Security Act (42 
        U.S.C. 1396r-8) is amended--
                    (A) in subsection (c)(1)(C)(ii)--
                            (i) in subclause (III), by striking at the 
                        end ``; and'';
                            (ii) in subclause (IV), by striking at the 
                        end the period and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subclause:
                                    ``(V) in the case of a rebate 
                                period and a covered outpatient drug 
                                that is a selected drug (as defined in 
                                section 1192(c)) during such rebate 
                                period, shall be inclusive of the price 
                                for such drug made available from the 
                                manufacturer during the rebate period 
                                by reason of application of part E of 
                                title XI to any wholesaler, retailer, 
                                provider, health maintenance 
                                organization, nonprofit entity, or 
                                governmental entity within the United 
                                States.''; and
                    (B) in subsection (k)(1)(B), by adding at the end 
                the following new clause:
                            ``(iii) Clarification.--Notwithstanding 
                        clause (i), in the case of a rebate period and 
                        a covered outpatient drug that is a selected 
                        drug (as defined in section 1192(c)) during 
                        such rebate period, any reduction in price paid 
                        during the rebate period to the manufacturer 
                        for the drug by a wholesaler or retail 
                        community pharmacy described in subparagraph 
                        (A) by reason of application of part E of title 
                        XI shall be included in the average 
                        manufacturer price for the covered outpatient 
                        drug.''.
            (4) FEHBP.--Section 8902 of title 5, United States Code, is 
        amended by adding at the end the following:
    ``(p) A contract may not be made or a plan approved under this 
chapter with any carrier that has affirmatively elected, pursuant to 
section 1197 of the Social Security Act, not to participate in the Fair 
Price Negotiation Program established under section 1191 of such Act 
for any selected drug (as that term is defined in section 1192(c) of 
such Act).''.
            (5) Option of secretary of veterans affairs to purchase 
        covered drugs at maximum fair prices.--Section 8126 of title 
        38, United States Code, is amended--
                    (A) in subsection (a)(2), by inserting ``, subject 
                to subsection (j),'' after ``may not exceed'';
                    (B) in subsection (d), in the matter preceding 
                paragraph (1), by inserting ``, subject to subsection 
                (j)'' after ``for the procurement of the drug''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(j)(1) In the case of a covered drug that is a selected drug, for 
any year during the price applicability period for such drug, if the 
Secretary determines that the maximum fair price of such drug for such 
year is less than the price for such drug otherwise in effect pursuant 
to this section (including after application of any reduction under 
subsection (a)(2) and any discount under subsection (c)), at the option 
of the Secretary, in lieu of the maximum price (determined after 
application of the reduction under subsection (a)(2) and any discount 
under subsection (c), as applicable) that would be permitted to be 
charged during such year for such drug pursuant to this section without 
application of this subsection, the maximum price permitted to be 
charged during such year for such drug pursuant to this section shall 
be such maximum fair price for such drug and year.
    ``(2) For purposes of this subsection:
            ``(A) The term `maximum fair price' means, with respect to 
        a selected drug and year during the price applicability period 
        for such drug, the maximum fair price (as defined in section 
        1191(c)(2) of the Social Security Act) for such drug and year.
            ``(B) The term `negotiation eligible drug' has the meaning 
        given such term in section 1192(d)(1) of the Social Security 
        Act.
            ``(C) The term `price applicability period' has, with 
        respect to a selected drug, the meaning given such term in 
        section 1191(b)(2) of such Act.
            ``(D) The term `selected drug' means, with respect to a 
        year, a drug that is a selected drug under section 1192(c) of 
        such Act for such year.''.

SEC. 139002. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED DURING 
              NONCOMPLIANCE PERIODS.

    (a) In General.--Subchapter E of chapter 32 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:

``SEC. 4192. SELECTED DRUGS DURING NONCOMPLIANCE PERIODS.

    ``(a) In General.--There is hereby imposed on the sale by the 
manufacturer, producer, or importer of any selected drug during a day 
described in subsection (b) a tax in an amount such that the applicable 
percentage is equal to the ratio of--
            ``(1) such tax, divided by
            ``(2) the sum of such tax and the price for which so sold.
    ``(b) Noncompliance Periods.--A day is described in this subsection 
with respect to a selected drug if it is a day during one of the 
following periods:
            ``(1) The period beginning on the June 16th immediately 
        following the selected drug publication date and ending on the 
        first date during which the manufacturer of the drug has in 
        place an agreement described in subsection (a) of section 1193 
        of the Social Security Act with respect to such drug.
            ``(2) The period beginning on the April 1st immediately 
        following the June 16th described in paragraph (1) and ending 
        on the first date during which the manufacturer of the drug has 
        agreed to a maximum fair price under such agreement.
            ``(3) In the case of a selected drug with respect to which 
        the Secretary of Health and Human Services has specified a 
        renegotiation period under such agreement, the period beginning 
        on the first date after the last date of such renegotiation 
        period and ending on the first date during which the 
        manufacturer of the drug has agreed to a renegotiated maximum 
        fair price under such agreement.
            ``(4) With respect to information that is required to be 
        submitted to the Secretary of Health and Human Services under 
        such agreement, the period beginning on the date on which such 
        Secretary certifies that such information is overdue and ending 
        on the date that such information is so submitted.
            ``(5) In the case of a selected drug with respect to which 
        a payment is due under subsection (c) of such section 1193, the 
        period beginning on the date on which the Secretary of Health 
        and Human Services certifies that such payment is overdue and 
        ending on the date that such payment is made in full.
    ``(c) Applicable Percentage.--For purposes of this section, the 
term `applicable percentage' means--
            ``(1) in the case of sales of a selected drug during the 
        first 90 days described in subsection (b) with respect to such 
        drug, 65 percent,
            ``(2) in the case of sales of such drug during the 91st day 
        through the 180th day described in subsection (b) with respect 
        to such drug, 75 percent,
            ``(3) in the case of sales of such drug during the 181st 
        day through the 270th day described in subsection (b) with 
        respect to such drug, 85 percent, and
            ``(4) in the case of sales of such drug during any 
        subsequent day, 95 percent.
    ``(d) Selected Drug.--For purposes of this section--
            ``(1) In general.--The term `selected drug' means any 
        selected drug (within the meaning of section 1192 of the Social 
        Security Act) which is manufactured or produced in the United 
        States or entered into the United States for consumption, use, 
        or warehousing.
            ``(2) United states.--The term `United States' has the 
        meaning given such term by section 4612(a)(4).
            ``(3) Coordination with rules for possessions of the united 
        states.--Rules similar to the rules of paragraphs (2) and (4) 
        of section 4132(c) shall apply for purposes of this section.
    ``(e) Other Definitions.--For purposes of this section, the terms 
`selected drug publication date' and `maximum fair price' have the 
meaning given such terms in section 1191 of the Social Security Act.
    ``(f) Anti-Abuse Rule.--In the case of a sale which was timed for 
the purpose of avoiding the tax imposed by this section, the Secretary 
may treat such sale as occurring during a day described in subsection 
(b).''.
    (b) No Deduction for Excise Tax Payments.--Section 275 of the 
Internal Revenue Code of 1986 is amended by adding ``or by section 
4192'' before the period at the end of subsection (a)(6).
    (c) Conforming Amendments.--
            (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
        amended by inserting ``or 4192'' after ``section 4191''.
            (2) Section 6416(b)(2) of such Code is amended by inserting 
        ``or 4192'' after ``section 4191''.
    (d) Clerical Amendments.--
            (1) The heading of subchapter E of chapter 32 of the 
        Internal Revenue Code of 1986 is amended by striking ``Medical 
        Devices'' and inserting ``Other Medical Products''.
            (2) The table of subchapters for chapter 32 of such Code is 
        amended by striking the item relating to subchapter E and 
        inserting the following new item:

               ``subchapter e. other medical products''.

            (3) The table of sections for subchapter E of chapter 32 of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 4192. Selected drugs during noncompliance periods.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to sales after the date of the enactment of this Act.

SEC. 139003. FAIR PRICE NEGOTIATION IMPLEMENTATION FUND.

    (a) In General.--There is hereby established a Fair Price 
Negotiation Implementation Fund (referred to in this section as the 
``Fund''). The Secretary of Health and Human Services may obligate and 
expend amounts in the Fund to carry out this part and parts 2 and 3 
(and the amendments made by such parts).
    (b) Funding.--There is authorized to be appropriated, and there is 
hereby appropriated, out of any monies in the Treasury not otherwise 
appropriated, to the Fund $3,000,000,000, to remain available until 
expended, of which--
            (1) $600,000,000 shall become available on the date of the 
        enactment of this Act;
            (2) $600,000,000 shall become available on October 1, 2023;
            (3) $600,000,000 shall become available on October 1, 2024;
            (4) $600,000,000 shall become available on October 1, 2025; 
        and
            (5) $600,000,000 shall become available on October 1, 2026.
    (c) Supplement Not Supplant.--Any amounts appropriated pursuant to 
this section shall be in addition to any other amounts otherwise 
appropriated pursuant to any other provision of law.

              PART 2--PRESCRIPTION DRUG INFLATION REBATES

SEC. 139101. MEDICARE PART B REBATE BY MANUFACTURERS.

    (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 
1395m) is amended by adding at the end the following new subsection:
    ``(z) Rebate by Manufacturers for Single Source Drugs With Prices 
Increasing Faster Than Inflation.--
            ``(1) Requirements.--
                    ``(A) Secretarial provision of information.--Not 
                later than 6 months after the end of each calendar 
                quarter beginning on or after July 1, 2023, the 
                Secretary shall, for each part B rebatable drug, report 
                to each manufacturer of such part B rebatable drug the 
                following for such calendar quarter:
                            ``(i) Information on the total number of 
                        units of the billing and payment code described 
                        in subparagraph (A)(i) of paragraph (3) with 
                        respect to such drug and calendar quarter.
                            ``(ii) Information on the amount (if any) 
                        of the excess average sales price increase 
                        described in subparagraph (A)(ii) of such 
                        paragraph for such drug and calendar quarter.
                            ``(iii) The rebate amount specified under 
                        such paragraph for such part B rebatable drug 
                        and calendar quarter.
                    ``(B) Manufacturer requirement.--For each calendar 
                quarter beginning on or after July 1, 2023, the 
                manufacturer of a part B rebatable drug shall, for such 
                drug, not later than 30 days after the date of receipt 
                from the Secretary of the information described in 
                subparagraph (A) for such calendar quarter, provide to 
                the Secretary a rebate that is equal to the amount 
                specified in paragraph (3) for such drug for such 
                calendar quarter.
            ``(2) Part b rebatable drug defined.--
                    ``(A) In general.--In this subsection, the term 
                `part B rebatable drug' means a single source drug or 
                biological (as defined in subparagraph (D) of section 
                1847A(c)(6)), including a biosimilar biological product 
                (as defined in subparagraph (H) of such section), 
                payable (if such drug were furnished to an individual 
                enrolled under this part) under this part, except such 
                term shall not include such a drug or biological--
                            ``(i) if the average total allowed charges 
                        under this part as determined by the Secretary 
                        for a year per individual that uses such a drug 
                        or biological, as determined by the Secretary, 
                        are less than, subject to subparagraph (B), 
                        $100; or
                            ``(ii) that is a vaccine described in 
                        subparagraph (A) or (B) of section 1861(s)(10).
                    ``(B) Increase.--The dollar amount applied under 
                subparagraph (A)(i)--
                            ``(i) for 2024, shall be the dollar amount 
                        specified under such subparagraph for 2023, 
                        increased by the percentage increase in the 
                        consumer price index for all urban consumers 
                        (United States city average) for the 12-month 
                        period ending with June of the previous year; 
                        and
                            ``(ii) for a subsequent year, shall be the 
                        dollar amount specified in this clause (or 
                        clause (i)) for the previous year, increased by 
                        the percentage increase in the consumer price 
                        index for all urban consumers (United States 
                        city average) for the 12-month period ending 
                        with June of the previous year.
                Any dollar amount specified under this subparagraph 
                that is not a multiple of $10 shall be rounded to the 
                nearest multiple of $10.
            ``(3) Rebate amount.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the amount specified in this paragraph for a part B 
                rebatable drug assigned to a billing and payment code 
                for a calendar quarter is, subject to subparagraph (B) 
                and paragraph (4), the amount equal to the product of--
                            ``(i) the total number of units, as 
                        described in section 1847A(c)(1)(B), with 
                        respect to such drug during the calendar 
                        quarter; and
                            ``(ii) the amount (if any) by which--
                                    ``(I) the payment amount under 
                                subparagraph (B) or (C) of section 
                                1847A(b)(1), as applicable, for such 
                                part B rebatable drug during the 
                                calendar quarter; exceeds
                                    ``(II) the inflation-adjusted 
                                payment amount determined under 
                                subparagraph (C) for such part B 
                                rebatable drug during the calendar 
                                quarter.
                    ``(B) Excluded units.--For purposes of subparagraph 
                (A)(i), the Secretary shall exclude from the total 
                number of units with respect to a part B rebatable drug 
                and calendar quarter units of such part B rebatable 
                drug for which payment was made under a State plan 
                under title XIX (or waiver of such plan), as reported 
                by States under section 1927(b)(2)(A) for the most 
                recent rebate period.
                    ``(C) Determination of inflation-adjusted payment 
                amount.--The inflation-adjusted payment amount 
                determined under this subparagraph for a part B 
                rebatable drug for a calendar quarter is--
                            ``(i) the payment amount for the billing 
                        and payment code for such drug in the payment 
                        amount benchmark quarter (as defined in 
                        subparagraph (D)); increased by
                            ``(ii) the percentage by which the rebate 
                        period CPI-U (as defined in subparagraph (F)) 
                        for the calendar quarter exceeds the benchmark 
                        period CPI-U (as defined in subparagraph (E)).
                    ``(D) Payment amount benchmark quarter.--The term 
                `payment amount benchmark quarter' means the calendar 
                quarter beginning January 1, 2016.
                    ``(E) Benchmark period cpi-u.--The term `benchmark 
                period CPI-U' means the consumer price index for all 
                urban consumers (United States city average) for July 
                2015.
                    ``(F) Rebate period cpi-u.--The term `rebate period 
                CPI-U' means, with respect to a calendar quarter 
                described in subparagraph (C), the greater of the 
                benchmark period CPI-U and the consumer price index for 
                all urban consumers (United States city average) for 
                the first month of the calendar quarter that is two 
                calendar quarters prior to such described calendar 
                quarter.
            ``(4) Special treatment of certain drugs and exemption.--
                    ``(A) Subsequently approved drugs.--Subject to 
                subparagraph (B), in the case of a part B rebatable 
                drug first approved or licensed by the Food and Drug 
                Administration after July 1, 2015, clause (i) of 
                paragraph (3)(C) shall be applied as if the term 
                `payment amount benchmark quarter' were defined under 
                paragraph (3)(D) as the third full calendar quarter 
                after the day on which the drug was first marketed and 
                clause (ii) of paragraph (3)(C) shall be applied as if 
                the term `benchmark period CPI-U' were defined under 
                paragraph (3)(E) as if the reference to `July 2015' 
                under such paragraph were a reference to `the first 
                month of the first full calendar quarter after the day 
                on which the drug was first marketed'.
                    ``(B) Timeline for provision of rebates for 
                subsequently approved drugs.--In the case of a part B 
                rebatable drug first approved or licensed by the Food 
                and Drug Administration after July 1, 2015, paragraph 
                (1)(B) shall be applied as if the reference to `July 1, 
                2023' under such paragraph were a reference to the 
                later of the 6th full calendar quarter after the day on 
                which the drug was first marketed or July 1, 2023.
                    ``(C) Exemption for shortages.--The Secretary may 
                reduce or waive the rebate amount under paragraph 
                (1)(B) with respect to a part B rebatable drug that is 
                described as currently in shortage on the shortage list 
                in effect under section 506E of the Federal Food, Drug, 
                and Cosmetic Act or in the case of other exigent 
                circumstances, as determined by the Secretary.
                    ``(D) Selected drugs.--In the case of a part B 
                rebatable drug that is a selected drug (as defined in 
                section 1192(c)) for a price applicability period (as 
                defined in section 1191(b)(2))--
                            ``(i) for calendar quarters during such 
                        period for which a maximum fair price (as 
                        defined in section 1191(c)(2)) for such drug 
                        has been determined and is applied under part E 
                        of title XI, the rebate amount under paragraph 
                        (1)(B) shall be waived; and
                            ``(ii) in the case such drug is determined 
                        (pursuant to such section 1192(c)) to no longer 
                        be a selected drug, for each applicable year 
                        beginning after the price applicability period 
                        with respect to such drug, clause (i) of 
                        paragraph (3)(C) shall be applied as if the 
                        term `payment amount benchmark quarter' were 
                        defined under paragraph (3)(D) as the calendar 
                        quarter beginning January 1 of the last year 
                        beginning during such price applicability 
                        period with respect to such selected drug and 
                        clause (ii) of paragraph (3)(C) shall be 
                        applied as if the term `benchmark period CPI-U' 
                        were defined under paragraph (3)(E) as if the 
                        reference to `July 2015' under such paragraph 
                        were a reference to the July of the year 
                        preceding such last year.
            ``(5) Application to beneficiary coinsurance.--In the case 
        of a part B rebatable drug, if the payment amount under this 
        part for a quarter exceeds the inflation adjusted payment for 
        such quarter--
                    ``(A) in computing the amount of any coinsurance 
                applicable under this part to an individual to whom 
                such drug is furnished, the computation of such 
                coinsurance shall be based on the inflation-adjusted 
                payment amount determined under paragraph (3)(C) for 
                such part B rebatable drug; and
                    ``(B) the amount of such coinsurance is equal to 20 
                percent of such inflation-adjusted payment amount so 
                determined.
            ``(6) Rebate deposits.--Amounts paid as rebates under 
        paragraph (1)(B) shall be deposited into the Federal 
        Supplementary Medical Insurance Trust Fund established under 
        section 1841.
            ``(7) Civil money penalty.--If a manufacturer of a part B 
        rebatable drug has failed to comply with the requirements under 
        paragraph (1)(B) for such drug for a calendar quarter, the 
        manufacturer shall be subject to, in accordance with a process 
        established by the Secretary pursuant to regulations, a civil 
        money penalty in an amount equal to at least 125 percent of the 
        amount specified in paragraph (3) for such drug for such 
        calendar quarter. The provisions of section 1128A (other than 
        subsections (a) (with respect to amounts of penalties or 
        additional assessments) and (b)) shall apply to a civil money 
        penalty under this paragraph in the same manner as such 
        provisions apply to a penalty or proceeding under section 
        1128A(a).
            ``(8) Application to multiple source drugs.--The Secretary 
        may, pursuant to rulemaking, apply the provisions of this 
        subsection to multiple source drugs (as defined in section 
        1847A(c)(6)(C)), including, for purposes of determining the 
        rebate amount under paragraph (3), by calculating manufacturer-
        specific average sales prices for the benchmark period and the 
        rebate period.''.
    (b) Amounts Payable; Cost-Sharing.--Section 1833 of the Social 
Security Act (42 U.S.C. 1395l) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (G), by inserting ``, 
                        subject to subsection (i)(9),'' after ``the 
                        amounts paid'';
                            (ii) in subparagraph (S), by striking 
                        ``with respect to'' and inserting ``subject to 
                        subparagraph (DD), with respect to'';
                            (iii) by striking ``and (DD)'' and 
                        inserting ``(EE)''; and
                            (iv) by inserting before the semicolon at 
                        the end the following: ``, and (EE) with 
                        respect to a part B rebatable drug (as defined 
                        in paragraph (2) of section 1834(z)) for which 
                        the payment amount for a calendar quarter under 
                        paragraph (3)(A)(ii)(I) of such section for 
                        such quarter exceeds the inflation-adjusted 
                        payment under paragraph (3)(A)(ii)(II) of such 
                        section for such quarter, the amounts paid 
                        shall be the difference between (i) the payment 
                        amount under paragraph (3)(A)(ii)(I) of such 
                        section for such drug, and (ii) 20 percent of 
                        the inflation-adjusted payment amount under 
                        paragraph (3)(A)(ii)(II) of such section for 
                        such drug''; and
                    (B) by adding at the end of the flush left matter 
                following paragraph (9), the following:
``For purposes of applying paragraph (1)(EE), subsections (i)(9) and 
(t)(8)(F), and section 1834(z)(5), the Secretary shall make such 
estimates and use such data as the Secretary determines appropriate, 
and may do so by program instruction or otherwise.'';
            (2) in subsection (i), by adding at the end the following 
        new paragraph:
    ``(9) In the case of a part B rebatable drug (as defined in 
paragraph (2) of section 1834(z)) for which payment under this 
subsection is not packaged into a payment for a covered OPD service (as 
defined in subsection (t)(1)(B)) (or group of services) furnished on or 
after July 1, 2023, under the system under this subsection, in lieu of 
calculation of coinsurance and the amount of payment otherwise 
applicable under this subsection, the provisions of section 1834(z)(5), 
paragraph (1)(EE) of subsection (a), and the flush left matter 
following paragraph (9) of subsection (a), shall, as determined 
appropriate by the Secretary, apply under this subsection in the same 
manner as such provisions of section 1834(z)(5) and subsection (a) 
apply under such section and subsection.''; and
            (3) in subsection (t)(8), by adding at the end the 
        following new subparagraph:
                    ``(F) Part b rebatable drugs.--In the case of a 
                part B rebatable drug (as defined in paragraph (2) of 
                section 1834(z)) for which payment under this part is 
                not packaged into a payment for a service furnished on 
                or after July 1, 2023, under the system under this 
                subsection, in lieu of calculation of coinsurance and 
                the amount of payment otherwise applicable under this 
                subsection, the provisions of section 1834(z)(5), 
                paragraph (1)(EE) of subsection (a), and the flush left 
                matter following paragraph (9) of subsection (a), 
                shall, as determined appropriate by the Secretary, 
                apply under this subsection in the same manner as such 
                provisions of section 1834(z)(5) and subsection (a) 
                apply under such section and subsection.''.
    (c) Conforming Amendments.--
            (1) To part b asp calculation.--Section 1847A(c)(3) of the 
        Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by 
        inserting ``or section 1834(z)'' after ``section 1927''.
            (2) Excluding parts b drug inflation rebate from best 
        price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act 
        (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting 
        ``or section 1834(z)'' after ``this section''.
            (3) Coordination with medicaid rebate information 
        disclosure.--Section 1927(b)(3)(D)(i) of the Social Security 
        Act (42 U.S.C. 1396r-8(b)(3)(D)(i)) is amended by striking ``or 
        to carry out section 1847B'' and inserting ``to carry out 
        section 1847B or section 1834(z)''.

SEC. 139102. MEDICARE PART D REBATE BY MANUFACTURERS.

    (a) In General.--Part D of title XVIII of the Social Security Act 
is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a) 
the following new section:

``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES 
              INCREASING FASTER THAN INFLATION.

    ``(a) Requirements.--
            ``(1) Secretarial provision of information.--Not later than 
        9 months after the end of each applicable year (as defined in 
        subsection (g)(7)), the Secretary shall, for each part D 
        rebatable drug, report to each manufacturer of such part D 
        rebatable drug the following for such year:
                    ``(A) Information on the amount (if any) of the 
                excess average manufacturer price increase described in 
                subsection (b)(1)(B) for each dosage form and strength 
                with respect to such drug and year.
                    ``(B) The rebate amount specified under subsection 
                (b) for each dosage form and strength with respect to 
                such drug and year.
            ``(2) Manufacturer requirements.--For each applicable year, 
        the manufacturer of a part D rebatable drug, for each dosage 
        form and strength with respect to such drug, not later than 30 
        days after the date of receipt from the Secretary of the 
        information described in paragraph (1) for such year, shall 
        provide to the Secretary a rebate that is equal to the amount 
        specified in subsection (b) for such dosage form and strength 
        with respect to such drug for such year.
    ``(b) Rebate Amount.--
            ``(1) In general.--
                    ``(A) Calculation.--For purposes of this section, 
                the amount specified in this subsection for a dosage 
                form and strength with respect to a part D rebatable 
                drug and applicable year is, subject to subparagraph 
                (B) of this paragraph and subparagraphs (B) and (C) of 
                paragraph (5), the amount equal to the product of--
                            ``(i) the total number of units that are 
                        used to calculate the average manufacturer 
                        price of such dosage form and strength with 
                        respect to such part D rebatable drug, as 
                        reported by the manufacturer of such drug under 
                        section 1927 for each recent rebate period 
                        under such section, with respect to such year, 
                        under such section for which such information 
                        is available; and
                            ``(ii) the amount (if any) by which--
                                    ``(I) the annual manufacturer price 
                                (as determined in paragraph (2)) paid 
                                for such dosage form and strength with 
                                respect to such part D rebatable drug 
                                for the year; exceeds
                                    ``(II) the inflation-adjusted 
                                payment amount determined under 
                                paragraph (3) for such dosage form and 
                                strength with respect to such part D 
                                rebatable drug for the year.
                    ``(B) Excluded units.--For purposes of subparagraph 
                (A)(i), the Secretary shall exclude from the total 
                number of units for a dosage form and strength with 
                respect to a part D rebatable drug and the most recent 
                rebate period under section 1927, with respect to an 
                applicable year, for which such information is 
                available, units of each dosage form and strength of 
                such part D rebatable drug, for which payment was made 
                under a State plan under title XIX (or waiver of such 
                plan), as reported by States under section 
                1927(b)(2)(A) for such rebate period.
            ``(2) Determination of annual manufacturer price.--The 
        annual manufacturer price determined under this paragraph for a 
        dosage form and strength, with respect to a part D rebatable 
        drug and an applicable year, is the sum of the products of--
                    ``(A) the average manufacturer price (as defined in 
                subsection (g)(6)) of such dosage form and strength, as 
                calculated for a unit of such drug, with respect to 
                each of the calendar quarters of such year; and
                    ``(B) the ratio of--
                            ``(i) the total number of units of such 
                        dosage form and strength reported for the 
                        purpose of calculating average manufacturer 
                        price under section 1927 during each such 
                        calendar quarter of such year; to
                            ``(ii) the total number of units of such 
                        dosage form and strength reported for the 
                        purpose of calculating average manufacturer 
                        price under section 1927 during such year, as 
                        determined by the Secretary.
            ``(3) Determination of inflation-adjusted payment amount.--
        The inflation-adjusted payment amount determined under this 
        paragraph for a dosage form and strength with respect to a part 
        D rebatable drug for an applicable year, subject to 
        subparagraphs (A) and (D) of paragraph (5), is--
                    ``(A) the benchmark year manufacturer price 
                determined under paragraph (4) for such dosage form and 
                strength with respect to such drug and year; increased 
                by
                    ``(B) the percentage by which the applicable year 
                CPI-U (as defined in subsection (g)(5)) for the year 
                exceeds the benchmark period CPI-U (as defined in 
                subsection (g)(4)).
            ``(4) Determination of benchmark year manufacturer price.--
        The benchmark year manufacturer price determined under this 
        paragraph for a dosage form and strength, with respect to a 
        part D rebatable drug and an applicable year, is the sum of the 
        products of--
                    ``(A) the average manufacturer price (as defined in 
                subsection (g)(6)) of such dosage form and strength, as 
                calculated for a unit of such drug, with respect to 
                each of the calendar quarters of the payment amount 
                benchmark year (as defined in subsection (g)(3)); and
                    ``(B) the ratio of--
                            ``(i) the total number of units of such 
                        dosage form and strength dispensed during each 
                        such calendar quarter of such payment amount 
                        benchmark year; to
                            ``(ii) the total number of units of such 
                        dosage form and strength dispensed during such 
                        payment amount benchmark year.
            ``(5) Special treatment of certain drugs and exemption.--
                    ``(A) Subsequently approved drugs.--In the case of 
                a part D rebatable drug first approved or licensed by 
                the Food and Drug Administration after January 1, 2016, 
                subparagraphs (A) and (B) of paragraph (4) shall be 
                applied as if the term `payment amount benchmark year' 
                were defined under subsection (g)(3) as the first 
                calendar year beginning after the day on which the drug 
                was first marketed by any manufacturer and subparagraph 
                (B) of paragraph (3) shall be applied as if the term 
                `benchmark period CPI-U' were defined under subsection 
                (g)(4) as if the reference to `January 2016' under such 
                subsection were a reference to `January of the first 
                year beginning after the date on which the drug was 
                first marketed by any manufacturer'.
                    ``(B) Exemption for shortages.--The Secretary may 
                reduce or waive the rebate under paragraph (1) with 
                respect to a part D rebatable drug that is described as 
                currently in shortage on the shortage list in effect 
                under section 506E of the Federal Food, Drug, and 
                Cosmetic Act or in the case of other exigent 
                circumstances, as determined by the Secretary.
                    ``(C) Treatment of new formulations.--
                            ``(i) In general.--In the case of a part D 
                        rebatable drug that is a line extension of a 
                        part D rebatable drug that is an oral solid 
                        dosage form, the Secretary shall establish a 
                        formula for determining the amount specified in 
                        this subsection with respect to such part D 
                        rebatable drug and an applicable year with 
                        consideration of the original part D rebatable 
                        drug.
                            ``(ii) Line extension defined.--In this 
                        subparagraph, the term `line extension' means, 
                        with respect to a part D rebatable drug, a new 
                        formulation of the drug, such as an extended 
                        release formulation, but does not include an 
                        abuse-deterrent formulation of the drug (as 
                        determined by the Secretary), regardless of 
                        whether such abuse-deterrent formulation is an 
                        extended release formulation.
                    ``(D) Selected drugs.--In the case of a part D 
                rebatable drug that is a selected drug (as defined in 
                section 1192(c)) for a price applicability period (as 
                defined in section 1191(b)(2))--
                            ``(i) for plan years during such period for 
                        which a maximum fair price (as defined in 
                        section 1191(c)(2)) for such drug has been 
                        determined and is applied under part E of title 
                        XI, the rebate under subsection (a)(1)(B) shall 
                        be waived; and
                            ``(ii) in the case such drug is determined 
                        (pursuant to such section 1192(c)) to no longer 
                        be a selected drug, for each applicable year 
                        beginning after the price applicability period 
                        with respect to such drug, subparagraphs (A) 
                        and (B) of paragraph (4) shall be applied as if 
                        the term `payment amount benchmark year' were 
                        defined under subsection (g)(3) as the last 
                        year beginning during such price applicability 
                        period with respect to such selected drug and 
                        subparagraph (B) of paragraph (3) shall be 
                        applied as if the term `benchmark period CPI-U' 
                        were defined under subsection (g)(4) as if the 
                        reference to `January 2016' under such 
                        subsection were a reference to January of the 
                        last year beginning during such price 
                        applicability period with respect to such drug.
    ``(c) Rebate Deposits.--Amounts paid as rebates under subsection 
(b) shall be deposited into the Medicare Prescription Drug Account in 
the Federal Supplementary Medical Insurance Trust Fund established 
under section 1841.
    ``(d) Information.--For purposes of carrying out this section, the 
Secretary shall use information submitted by manufacturers under 
section 1927(b)(3) and information submitted by States under section 
1927(b)(2)(A).
    ``(e) Civil Money Penalty.--If a manufacturer of a part D rebatable 
drug has failed to comply with the requirement under subsection 
(a)(1)(B) with respect to such drug for an applicable year, the 
manufacturer shall be subject to, in accordance with a process 
established by the Secretary pursuant to regulations, a civil money 
penalty in an amount equal to 125 percent of the amount specified in 
subsection (b) for such drug for such year. The provisions of section 
1128A (other than subsections (a) (with respect to amounts of penalties 
or additional assessments) and (b)) shall apply to a civil money 
penalty under this subsection in the same manner as such provisions 
apply to a penalty or proceeding under section 1128A(a).
    ``(f) Judicial Review.--There shall be no judicial review of the 
following:
            ``(1) The determination of units under this section.
            ``(2) The determination of whether a drug is a part D 
        rebatable drug under this section.
            ``(3) The calculation of the rebate amount under this 
        section.
    ``(g) Definitions.--In this section:
            ``(1) Part d rebatable drug defined.--
                    ``(A) In general.--The term `part D rebatable drug' 
                means a drug or biological that would (without 
                application of this section) be a covered part D drug, 
                except such term shall, with respect to an applicable 
                year, not include such a drug or biological if the 
                average annual total cost under this part for such year 
                per individual who uses such a drug or biological, as 
                determined by the Secretary, is less than, subject to 
                subparagraph (B), $100, as determined by the Secretary 
                using the most recent data available or, if data is not 
                available, as estimated by the Secretary.
                    ``(B) Increase.--The dollar amount applied under 
                subparagraph (A)--
                            ``(i) for 2024, shall be the dollar amount 
                        specified under such subparagraph for 2023, 
                        increased by the percentage increase in the 
                        consumer price index for all urban consumers 
                        (United States city average) for the 12-month 
                        period beginning with January of 2023; and
                            ``(ii) for a subsequent year, shall be the 
                        dollar amount specified in this subparagraph 
                        for the previous year, increased by the 
                        percentage increase in the consumer price index 
                        for all urban consumers (United States city 
                        average) for the 12-month period beginning with 
                        January of the previous year.
                Any dollar amount specified under this subparagraph 
                that is not a multiple of $10 shall be rounded to the 
                nearest multiple of $10.
            ``(2) Unit defined.--The term `unit' means, with respect to 
        a part D rebatable drug, the lowest identifiable quantity (such 
        as a capsule or tablet, milligram of molecules, or grams) of 
        the part D rebatable drug, including data reported under 
        section 1927.
            ``(3) Payment amount benchmark year.--The term `payment 
        amount benchmark year' means the year beginning January 1, 
        2016.
            ``(4) Benchmark period cpi-u.--The term `benchmark period 
        CPI-U' means the consumer price index for all urban consumers 
        (United States city average) for January 2016.
            ``(5) Applicable year cpi-u.--The term `applicable year 
        CPI-U' means, with respect to an applicable year, the consumer 
        price index for all urban consumers (United States city 
        average) for January of such year.
            ``(6) Average manufacturer price.--The term `average 
        manufacturer price' has the meaning, with respect to a part D 
        rebatable drug of a manufacturer, given such term in section 
        1927(k)(1), with respect to a covered outpatient drug of a 
        manufacturer for a rebate period under section 1927.
            ``(7) Applicable year.--The term `applicable year' means a 
        year beginning with 2023.''.
    (b) Conforming Amendments.--
            (1) To part b asp calculation.--Section 1847A(c)(3) of the 
        Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by 
        section 139101(c)(1), is further amended by striking ``section 
        1927 or section 1834(z)'' and inserting ``section 1927, section 
        1834(z), or section 1860D-14B''.
            (2) Excluding part d drug inflation rebate from best 
        price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act 
        (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)), as amended by section 
        139101(c)(2), is further amended by striking ``or section 
        1834(z)'' and inserting ``, section 1834(z), or section 1860D-
        14B''.
            (3) Coordination with medicaid rebate information 
        disclosure.--Section 1927(b)(3)(D)(i) of the Social Security 
        Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 
        139101(c)(3), is further amended by striking ``or section 
        1834(z)'' and inserting ``, section 1834(z), or section 1860D-
        14B''.

PART 3--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE 
                             BENEFICIARIES

SEC. 139201. MEDICARE PART D BENEFIT REDESIGN.

    (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social 
Security Act (42 U.S.C. 1395w-102(b)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i), by inserting ``for a year preceding 2024 
                and for costs above the annual deductible specified in 
                paragraph (1) and up to the annual out-of-pocket 
                threshold specified in paragraph (4)(B) for 2024 and 
                each subsequent year'' after ``paragraph (3)'';
                    (B) in subparagraph (C)--
                            (i) in clause (i), in the matter preceding 
                        subclause (I), by inserting ``for a year 
                        preceding 2024,'' after ``paragraph (4),''; and
                            (ii) in clause (ii)(III), by striking ``and 
                        each subsequent year'' and inserting ``through 
                        2023''; and
                    (C) in subparagraph (D)--
                            (i) in clause (i)--
                                    (I) in the matter preceding 
                                subclause (I), by inserting ``for a 
                                year preceding 2024,'' after 
                                ``paragraph (4),''; and
                                    (II) in subclause (I)(bb), by 
                                striking ``a year after 2018'' and 
                                inserting ``each of years 2018 through 
                                2023''; and
                            (ii) in clause (ii)(V), by striking ``2019 
                        and each subsequent year'' and inserting ``each 
                        of years 2019 through 2023'';
            (2) in paragraph (3)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``for a year preceding 2024,'' after ``and 
                (4),''; and
                    (B) in clause (ii), by striking ``for a subsequent 
                year'' and inserting ``for each of years 2007 through 
                2023''; and
            (3) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by redesignating subclauses (I) 
                                and (II) as items (aa) and (bb), 
                                respectively, and moving the margin of 
                                each such redesignated item 2 ems to 
                                the right;
                                    (II) in the matter preceding item 
                                (aa), as redesignated by subclause (I), 
                                by striking ``is equal to the greater 
                                of--'' and inserting ``is equal to--
                                    ``(I) for a year preceding 2024, 
                                the greater of--'';
                                    (III) by striking the period at the 
                                end of item (bb), as redesignated by 
                                subclause (I), and inserting ``; and''; 
                                and
                                    (IV) by adding at the end the 
                                following:
                                    ``(II) for 2024 and each succeeding 
                                year, $0.''; and
                            (ii) in clause (ii), by striking ``clause 
                        (i)(I)'' and inserting ``clause (i)(I)(aa)'';
                    (B) in subparagraph (B)--
                            (i) in clause (i)--
                                    (I) in subclause (V), by striking 
                                ``or'' at the end;
                                    (II) in subclause (VI)--
                                            (aa) by striking ``for a 
                                        subsequent year'' and inserting 
                                        ``for each of years 2021 
                                        through 2023''; and
                                            (bb) by striking the period 
                                        at the end and inserting a 
                                        semicolon; and
                                    (III) by adding at the end the 
                                following new subclauses:
                                    ``(VII) for 2024, is equal to 
                                $2,000; or
                                    ``(VIII) for a subsequent year, is 
                                equal to the amount specified in this 
                                subparagraph for the previous year, 
                                increased by the annual percentage 
                                increase described in paragraph (6) for 
                                the year involved.''; and
                            (ii) in clause (ii), by striking ``clause 
                        (i)(II)'' and inserting ``clause (i)'';
                    (C) in subparagraph (C)(i), by striking ``and for 
                amounts'' and inserting ``and, for a year preceding 
                2024, for amounts''; and
                    (D) in subparagraph (E), by striking ``In 
                applying'' and inserting ``For each of years 2011 
                through 2023, in applying''.
    (b) Decreasing Reinsurance Payment Amount.--Section 1860D-15(b)(1) 
of the Social Security Act (42 U.S.C. 1395w-115(b)(1)) is amended by 
inserting after ``80 percent'' the following: ``(or, with respect to a 
coverage year after 2023, 20 percent)''.
    (c) Manufacturer Discount Program.--
            (1) In general.--Part D of title XVIII of the Social 
        Security Act (42 U.S.C. 1395w-101 et seq.), as amended by 
        section 139102, is further amended by inserting after section 
        1860D-14B the following new section:

``SEC. 1860D-14C. MANUFACTURER DISCOUNT PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a manufacturer 
discount program (in this section referred to as the `program'). Under 
the program, the Secretary shall enter into agreements described in 
subsection (b) with manufacturers and provide for the performance of 
the duties described in subsection (c). The Secretary shall establish a 
model agreement for use under the program by not later than January 1, 
2023, in consultation with manufacturers, and allow for comment on such 
model agreement.
    ``(b) Terms of Agreement.--
            ``(1) In general.--
                    ``(A) Agreement.--An agreement under this section 
                shall require the manufacturer to provide applicable 
                beneficiaries access to discounted prices for 
                applicable drugs of the manufacturer that are dispensed 
                on or after January 1, 2024.
                    ``(B) Provision of discounted prices at the point-
                of-sale.--The discounted prices described in 
                subparagraph (A) shall be provided to the applicable 
                beneficiary at the pharmacy or by the mail order 
                service at the point-of-sale of an applicable drug.
                    ``(C) Timing of agreement.--
                            ``(i) Special rule for 2024.--In order for 
                        an agreement with a manufacturer to be in 
                        effect under this section with respect to the 
                        period beginning on January 1, 2024, and ending 
                        on December 31, 2024, the manufacturer shall 
                        enter into such agreement not later than 30 
                        days after the date of the establishment of a 
                        model agreement under subsection (a).
                            ``(ii) 2025 and subsequent years.--In order 
                        for an agreement with a manufacturer to be in 
                        effect under this section with respect to plan 
                        year 2025 or a subsequent plan year, the 
                        manufacturer shall enter into such agreement 
                        (or such agreement shall be renewed under 
                        paragraph (4)(A)) not later than January 30 of 
                        the preceding year.
            ``(2) Provision of appropriate data.--Each manufacturer 
        with an agreement in effect under this section shall collect 
        and have available appropriate data, as determined by the 
        Secretary, to ensure that it can demonstrate to the Secretary 
        compliance with the requirements under the program.
            ``(3) Compliance with requirements for administration of 
        program.--Each manufacturer with an agreement in effect under 
        this section shall comply with requirements imposed by the 
        Secretary or a third party with a contract under subsection 
        (d)(3), as applicable, for purposes of administering the 
        program, including any determination under subparagraph (A) of 
        subsection (c)(1) or procedures established under such 
        subsection (c)(1).
            ``(4) Length of agreement.--
                    ``(A) In general.--An agreement under this section 
                shall be effective for an initial period of not less 
                than 12 months and shall be automatically renewed for a 
                period of not less than 1 year unless terminated under 
                subparagraph (B).
                    ``(B) Termination.--
                            ``(i) By the secretary.--The Secretary may 
                        provide for termination of an agreement under 
                        this section for a knowing and willful 
                        violation of the requirements of the agreement 
                        or other good cause shown. Such termination 
                        shall not be effective earlier than 30 days 
                        after the date of notice to the manufacturer of 
                        such termination. The Secretary shall provide, 
                        upon request, a manufacturer with a hearing 
                        concerning such a termination, and such hearing 
                        shall take place prior to the effective date of 
                        the termination with sufficient time for such 
                        effective date to be repealed if the Secretary 
                        determines appropriate.
                            ``(ii) By a manufacturer.--A manufacturer 
                        may terminate an agreement under this section 
                        for any reason. Any such termination shall be 
                        effective, with respect to a plan year--
                                    ``(I) if the termination occurs 
                                before January 30 of a plan year, as of 
                                the day after the end of the plan year; 
                                and
                                    ``(II) if the termination occurs on 
                                or after January 30 of a plan year, as 
                                of the day after the end of the 
                                succeeding plan year.
                            ``(iii) Effectiveness of termination.--Any 
                        termination under this subparagraph shall not 
                        affect discounts for applicable drugs of the 
                        manufacturer that are due under the agreement 
                        before the effective date of its termination.
                            ``(iv) Notice to third party.--The 
                        Secretary shall provide notice of such 
                        termination to a third party with a contract 
                        under subsection (d)(3) within not less than 30 
                        days before the effective date of such 
                        termination.
    ``(c) Duties Described.--The duties described in this subsection 
are the following:
            ``(1) Administration of program.--Administering the 
        program, including--
                    ``(A) the determination of the amount of the 
                discounted price of an applicable drug of a 
                manufacturer;
                    ``(B) the establishment of procedures under which 
                discounted prices are provided to applicable 
                beneficiaries at pharmacies or by mail order service at 
                the point-of-sale of an applicable drug;
                    ``(C) the establishment of procedures to ensure 
                that, not later than the applicable number of calendar 
                days after the dispensing of an applicable drug by a 
                pharmacy or mail order service, the pharmacy or mail 
                order service is reimbursed for an amount equal to the 
                difference between--
                            ``(i) the negotiated price of the 
                        applicable drug; and
                            ``(ii) the discounted price of the 
                        applicable drug;
                    ``(D) the establishment of procedures to ensure 
                that the discounted price for an applicable drug under 
                this section is applied before any coverage or 
                financial assistance under other health benefit plans 
                or programs that provide coverage or financial 
                assistance for the purchase or provision of 
                prescription drug coverage on behalf of applicable 
                beneficiaries as the Secretary may specify; and
                    ``(E) providing a reasonable dispute resolution 
                mechanism to resolve disagreements between 
                manufacturers, applicable beneficiaries, and the third 
                party with a contract under subsection (d)(3).
            ``(2) Monitoring compliance.--
                    ``(A) In general.--The Secretary shall monitor 
                compliance by a manufacturer with the terms of an 
                agreement under this section.
                    ``(B) Notification.--If a third party with a 
                contract under subsection (d)(3) determines that the 
                manufacturer is not in compliance with such agreement, 
                the third party shall notify the Secretary of such 
                noncompliance for appropriate enforcement under 
                subsection (e).
            ``(3) Collection of data from prescription drug plans and 
        ma-pd plans.--The Secretary may collect appropriate data from 
        prescription drug plans and MA-PD plans in a timeframe that 
        allows for discounted prices to be provided for applicable 
        drugs under this section.
    ``(d) Administration.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall provide for the implementation of this section, including 
        the performance of the duties described in subsection (c).
            ``(2) Limitation.--In providing for the implementation of 
        this section, the Secretary shall not receive or distribute any 
        funds of a manufacturer under the program.
            ``(3) Contract with third parties.--The Secretary shall 
        enter into a contract with 1 or more third parties to 
        administer the requirements established by the Secretary in 
        order to carry out this section. At a minimum, the contract 
        with a third party under the preceding sentence shall require 
        that the third party--
                    ``(A) receive and transmit information between the 
                Secretary, manufacturers, and other individuals or 
                entities the Secretary determines appropriate;
                    ``(B) receive, distribute, or facilitate the 
                distribution of funds of manufacturers to appropriate 
                individuals or entities in order to meet the 
                obligations of manufacturers under agreements under 
                this section;
                    ``(C) provide adequate and timely information to 
                manufacturers, consistent with the agreement with the 
                manufacturer under this section, as necessary for the 
                manufacturer to fulfill its obligations under this 
                section; and
                    ``(D) permit manufacturers to conduct periodic 
                audits, directly or through contracts, of the data and 
                information used by the third party to determine 
                discounts for applicable drugs of the manufacturer 
                under the program.
            ``(4) Performance requirements.--The Secretary shall 
        establish performance requirements for a third party with a 
        contract under paragraph (3) and safeguards to protect the 
        independence and integrity of the activities carried out by the 
        third party under the program under this section.
            ``(5) Implementation.--The Secretary may implement the 
        program under this section by program instruction or otherwise.
            ``(6) Administration.--Chapter 35 of title 44, United 
        States Code, shall not apply to the program under this section.
    ``(e) Enforcement.--
            ``(1) Audits.--Each manufacturer with an agreement in 
        effect under this section shall be subject to periodic audit by 
        the Secretary.
            ``(2) Civil money penalty.--
                    ``(A) In general.--The Secretary may impose a civil 
                money penalty on a manufacturer that fails to provide 
                applicable beneficiaries discounts for applicable drugs 
                of the manufacturer in accordance with such agreement 
                for each such failure in an amount the Secretary 
                determines is equal to the sum of--
                            ``(i) the amount that the manufacturer 
                        would have paid with respect to such discounts 
                        under the agreement, which will then be used to 
                        pay the discounts which the manufacturer had 
                        failed to provide; and
                            ``(ii) 25 percent of such amount.
                    ``(B) Application.--The provisions of section 1128A 
                (other than subsections (a) and (b)) shall apply to a 
                civil money penalty under this paragraph in the same 
                manner as such provisions apply to a penalty or 
                proceeding under section 1128A(a).
    ``(f) Clarification Regarding Availability of Other Covered Part D 
Drugs.--Nothing in this section shall prevent an applicable beneficiary 
from purchasing a covered part D drug that is not an applicable drug 
(including a generic drug or a drug that is not on the formulary of the 
prescription drug plan or MA-PD plan that the applicable beneficiary is 
enrolled in).
    ``(g) Definitions.--In this section:
            ``(1) Applicable beneficiary.--The term `applicable 
        beneficiary' means an individual who, on the date of dispensing 
        a covered part D drug--
                    ``(A) is enrolled in a prescription drug plan or an 
                MA-PD plan;
                    ``(B) is not enrolled in a qualified retiree 
                prescription drug plan; and
                    ``(C) has incurred costs, as determined in 
                accordance with section 1860D-2(b)(4)(C), for covered 
                part D drugs in the year that exceed the annual 
                deductible with respect to such individual for such 
                year, as specified in section 1860D-2(b)(1), section 
                1860D-14(a)(1)(B), or section 1860D-14(a)(2)(B), as 
                applicable.
            ``(2) Applicable drug.--The term `applicable drug', with 
        respect to an applicable beneficiary--
                    ``(A) means a covered part D drug--
                            ``(i) approved under a new drug application 
                        under section 505(c) of the Federal Food, Drug, 
                        and Cosmetic Act or, in the case of a biologic 
                        product, licensed under section 351 of the 
                        Public Health Service Act; and
                            ``(ii)(I) if the PDP sponsor of the 
                        prescription drug plan or the MA organization 
                        offering the MA-PD plan uses a formulary, which 
                        is on the formulary of the prescription drug 
                        plan or MA-PD plan that the applicable 
                        beneficiary is enrolled in;
                            ``(II) if the PDP sponsor of the 
                        prescription drug plan or the MA organization 
                        offering the MA-PD plan does not use a 
                        formulary, for which benefits are available 
                        under the prescription drug plan or MA-PD plan 
                        that the applicable beneficiary is enrolled in; 
                        or
                            ``(III) is provided through an exception or 
                        appeal; and
                    ``(B) does not include a selected drug (as defined 
                in section 1192(c)) during a price applicability period 
                (as defined in section 1191(b)(2)) with respect to such 
                drug.
            ``(3) Applicable number of calendar days.--The term 
        `applicable number of calendar days' means--
                    ``(A) with respect to claims for reimbursement 
                submitted electronically, 14 days; and
                    ``(B) with respect to claims for reimbursement 
                submitted otherwise, 30 days.
            ``(4) Discounted price.--
                    ``(A) In general.--The term `discounted price' 
                means, with respect to an applicable drug of a 
                manufacturer dispensed during a year to an applicable 
                beneficiary--
                            ``(i) who has not incurred costs, as 
                        determined in accordance with section 1860D-
                        2(b)(4)(C), for covered part D drugs in the 
                        year that are equal to or exceed the annual 
                        out-of-pocket threshold specified in section 
                        1860D-2(b)(4)(B)(i) for the year, 90 percent of 
                        the negotiated price of such drug; and
                            ``(ii) who has incurred such costs, as so 
                        determined, in the year that are equal to or 
                        exceed such threshold for the year, 70 percent 
                        of the negotiated price of such drug.
                    ``(B) Clarification.--Nothing in this section shall 
                be construed as affecting the responsibility of an 
                applicable beneficiary for payment of a dispensing fee 
                for an applicable drug.
                    ``(C) Special case for certain claims.--
                            ``(i) Claims spanning deductible.--In the 
                        case where the entire amount of the negotiated 
                        price of an individual claim for an applicable 
                        drug with respect to an applicable beneficiary 
                        does not fall above the annual deductible 
                        specified in section 1860D-2(b)(1) for the 
                        year, the manufacturer of the applicable drug 
                        shall provide the discounted price under this 
                        section on only the portion of the negotiated 
                        price of the applicable drug that falls above 
                        such annual deductible.
                            ``(ii) Claims spanning out-of-pocket 
                        threshold.--In the case where the entire amount 
                        of the negotiated price of an individual claim 
                        for an applicable drug with respect to an 
                        applicable beneficiary does not fall entirely 
                        below or entirely above the annual out-of-
                        pocket threshold specified in section 1860D-
                        2(b)(4)(B)(i) for the year, the manufacturer of 
                        the applicable drug shall provide the 
                        discounted price--
                                    ``(I) in accordance with 
                                subparagraph (A)(i) on the portion of 
                                the negotiated price of the applicable 
                                drug that falls below such threshold; 
                                and
                                    ``(II) in accordance with 
                                subparagraph (A)(ii) on the portion of 
                                such price of such drug that falls at 
                                or above such threshold.
            ``(5) Manufacturer.--The term `manufacturer' means any 
        entity which is engaged in the production, preparation, 
        propagation, compounding, conversion, or processing of 
        prescription drug products, either directly or indirectly by 
        extraction from substances of natural origin, or independently 
        by means of chemical synthesis, or by a combination of 
        extraction and chemical synthesis. Such term does not include a 
        wholesale distributor of drugs or a retail pharmacy licensed 
        under State law.
            ``(6) Negotiated price.--The term `negotiated price' has 
        the meaning given such term in section 423.100 of title 42, 
        Code of Federal Regulations (or any successor regulation), 
        except that, with respect to an applicable drug, such 
        negotiated price shall not include any dispensing fee for the 
        applicable drug.
            ``(7) Qualified retiree prescription drug plan.--The term 
        `qualified retiree prescription drug plan' has the meaning 
        given such term in section 1860D-22(a)(2).''.
            (2) Sunset of medicare coverage gap discount program.--
        Section 1860D-14A of the Social Security Act (42 U.S.C. 1395-
        114a) is amended--
                    (A) in subsection (a), in the first sentence, by 
                striking ``The Secretary'' and inserting ``Subject to 
                subsection (h), the Secretary''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(h) Sunset of Program.--
            ``(1) In general.--The program shall not apply with respect 
        to applicable drugs dispensed on or after January 1, 2024, and, 
        subject to paragraph (2), agreements under this section shall 
        be terminated as of such date.
            ``(2) Continued application for applicable drugs dispensed 
        prior to sunset.--The provisions of this section (including all 
        responsibilities and duties) shall continue to apply after 
        January 1, 2024, with respect to applicable drugs dispensed 
        prior to such date.''.
            (3) Inclusion of actuarial value of manufacturer discounts 
        in bids.--Section 1860D-11 of the Social Security Act (42 
        U.S.C. 1395w-111) is amended--
                    (A) in subsection (b)(2)(C)(iii)--
                            (i) by striking ``assumptions regarding the 
                        reinsurance'' and inserting ``assumptions 
                        regarding--
                                    ``(I) the reinsurance''; and
                            (ii) by adding at the end the following:
                                    ``(II) for 2024 and each subsequent 
                                year, the manufacturer discounts 
                                provided under section 1860D-14C 
                                subtracted from the actuarial value to 
                                produce such bid; and''; and
                    (B) in subsection (c)(1)(C)--
                            (i) by striking ``an actuarial valuation of 
                        the reinsurance'' and inserting ``an actuarial 
                        valuation of--
                            ``(i) the reinsurance'';
                            (ii) in clause (i), as inserted by clause 
                        (i) of this subparagraph, by adding ``and'' at 
                        the end; and
                            (iii) by adding at the end the following:
                            ``(ii) for 2024 and each subsequent year, 
                        the manufacturer discounts provided under 
                        section 1860D-14C;''.
    (d) Conforming Amendments.--
            (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 
        1395w-102) is amended--
                    (A) in subsection (a)(2)(A)(i)(I), by striking ``, 
                or an increase in the initial'' and inserting ``or, for 
                a year preceding 2024, an increase in the initial'';
                    (B) in subsection (c)(1)(C)--
                            (i) in the subparagraph heading, by 
                        striking ``at initial coverage limit''; and
                            (ii) by inserting ``for a year preceding 
                        2024 or the annual out-of-pocket threshold 
                        specified in subsection (b)(4)(B) for the year 
                        for 2024 and each subsequent year'' after 
                        ``subsection (b)(3) for the year'' each place 
                        it appears; and
                    (C) in subsection (d)(1)(A), by striking ``or an 
                initial'' and inserting ``or, for a year preceding 
                2024, an initial''.
            (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act 
        (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the 
        initial'' and inserting ``for a year preceding 2024, the 
        initial''.
            (3) Section 1860D-14(a) of the Social Security Act (42 
        U.S.C. 1395w-114(a)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking ``The 
                        continuation'' and inserting ``For a year 
                        preceding 2024, the continuation'';
                            (ii) in subparagraph (D)(iii), by striking 
                        ``1860D-2(b)(4)(A)(i)(I)'' and inserting 
                        ``1860D-2(b)(4)(A)(i)(I)(aa)''; and
                            (iii) in subparagraph (E), by striking 
                        ``The elimination'' and inserting ``For a year 
                        preceding 2024, the elimination''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking ``The 
                        continuation'' and inserting ``For a year 
                        preceding 2024, the continuation''; and
                            (ii) in subparagraph (E), by striking 
                        ``1860D-2(b)(4)(A)(i)(I)'' and inserting 
                        ``1860D-2(b)(4)(A)(i)(I)(aa)''.
            (4) Section 1860D-21(d)(7) of the Social Security Act (42 
        U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D-
        2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''.
            (5) Section 1860D-22(a)(2)(A) of the Social Security Act 
        (42 U.S.C. 1395w-132(a)(2)(A)) is amended--
                    (A) by striking ``the value of any discount'' and 
                inserting the following: ``the value of--
                            ``(i) for years prior to 2024, any 
                        discount'';
                    (B) in clause (i), as inserted by subparagraph (A) 
                of this paragraph, by striking the period at the end 
                and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(ii) for 2024 and each subsequent year, 
                        any discount provided pursuant to section 
                        1860D-14C.''.
            (6) Section 1860D-41(a)(6) of the Social Security Act (42 
        U.S.C. 1395w-151(a)(6)) is amended--
                    (A) by inserting ``for a year before 2024'' after 
                ``1860D-2(b)(3)''; and
                    (B) by inserting ``for such year'' before the 
                period.
            (7) Section 1860D-43 of the Social Security Act (42 U.S.C. 
        1395w-153) is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) participate in--
                    ``(A) for 2011 through 2023, the Medicare coverage 
                gap discount program under section 1860D-14A; and
                    ``(B) for 2024 and each subsequent year, the 
                manufacturer discount program under section 1860D-
                14C;'';
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2) have entered into and have in effect--
                    ``(A) for 2011 through 2023, an agreement described 
                in subsection (b) of section 1860D-14A with the 
                Secretary; and
                    ``(B) for 2024 and each subsequent year, an 
                agreement described in subsection (b) of section 1860D-
                14C with the Secretary; and''; and
                            (iii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) have entered into and have in effect, under terms and 
        conditions specified by the Secretary--
                    ``(A) for 2011 through 2023, a contract with a 
                third party that the Secretary has entered into a 
                contract with under subsection (d)(3) of section 1860D-
                14A; and
                    ``(B) for 2024 and each subsequent year, a contract 
                with a third party that the Secretary has entered into 
                a contract with under subsection (d)(3) of section 
                1860D-14C.''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Effective Date.--Paragraphs (1)(A), (2)(A), and (3)(A) of 
subsection (a) shall apply to covered part D drugs dispensed under this 
part on or after January 1, 2011, and before January 1, 2024, and 
paragraphs (1)(B), (2)(B), and (3)(B) of such subsection shall apply to 
covered part D drugs dispensed under this part on or after January 1, 
2024.''.
            (8) Section 1927 of the Social Security Act (42 U.S.C. 
        1396r-8) is amended--
                    (A) in subsection (c)(1)(C)(i)(VI), by inserting 
                before the period at the end the following: ``or under 
                the manufacturer discount program under section 1860D-
                14C''; and
                    (B) in subsection (k)(1)(B)(i)(V), by inserting 
                before the period at the end the following: ``or under 
                section 1860D-14C''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to plan year 2024 and subsequent plan years.

SEC. 139202. ALLOWING CERTAIN ENROLLEES OF PRESCRIPTION DRUG PLANS AND 
              MA-PD PLANS UNDER MEDICARE PROGRAM TO SPREAD OUT COST-
              SHARING UNDER CERTAIN CIRCUMSTANCES.

    Section 1860D-2(b)(2) of the Social Security Act (42 U.S.C. 1395w-
102(b)(2)), as amended by section 139201, is further amended--
            (1) in subparagraph (A), by striking ``Subject to 
        subparagraphs (C) and (D)'' and inserting ``Subject to 
        subparagraphs (C), (D), and (E)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Enrollee option regarding spreading cost-
                sharing.--The Secretary shall establish by regulation a 
                process under which, with respect to plan year 2024 and 
                subsequent plan years, a prescription drug plan or an 
                MA-PD plan shall, in the case of a part D eligible 
                individual enrolled with such plan for such plan year 
                who is not a subsidy eligible individual (as defined in 
                section 1860D-14(a)(3)) and with respect to whom the 
                plan projects that the dispensing of the first fill of 
                a covered part D drug to such individual will result in 
                the individual incurring costs that are equal to or 
                above the annual out-of-pocket threshold specified in 
                paragraph (4)(B) for such plan year, provide such 
                individual with the option to make the coinsurance 
                payment required under subparagraph (A) (for the 
                portion of such costs that are not above such annual 
                out-of-pocket threshold) in the form of periodic 
                installments over the remainder of such plan year.''.

        PART 4--REPEAL OF CERTAIN PRESCRIPTION DRUG REBATE RULE

SEC. 139301. PROHIBITING IMPLEMENTATION OF RULE RELATING TO ELIMINATING 
              THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR 
              PRESCRIPTION DRUG REBATES.

    Beginning January 1, 2026, the Secretary of Health and Human 
Services shall not implement, administer, or enforce the provisions of 
the final rule published by the Office of the Inspector General of the 
Department of Health and Human Services on November 30, 2020, and 
titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates 
Involving Prescription Pharmaceuticals and Creation of New Safe Harbor 
Protection for Certain Point-of-Sale Reductions in Price on 
Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager 
Service Fees'' (85 Fed. Reg. 76666).
                                                  Union Calendar No. 94

117th CONGRESS

  1st Session

                               H. R. 5376

                          [Report No. 117-130]

_______________________________________________________________________

                                 A BILL

 To provide for reconciliation pursuant to title II of S. Con. Res. 14.

_______________________________________________________________________

                           September 27, 2021

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed